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FIRST SPECIAL SESSION
FIRST DAY
__________
MORNING SESSION
_________
House Chamber, Olympia, Friday, March 11, 1994
The House was called to order at 10:00 a.m. by the Speaker. The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Jennifer Dyste and Jenny Holsman. Prayer was offered by Representative Dunshee.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
The Speaker declared the House to be at recess until 1:30 p.m.
AFTERNOON SESSION
The Speaker called the House to order at 1:30 p.m.
The Clerk called the roll and a quorum was present.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
There being no objection, the House advanced to the fourth order of business.
INTRODUCTIONS AND FIRST READING
HCR 4438 by Representative Peery
Reintroducing bills for 1994 first special session.
On motion of Representative Peery, the rules were suspended and House Concurrent Resolution No. 4438 was advanced to second reading.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
HCR 4438 by Representative Peery
Reintroducing bills for the 1994 first special session.
The resolution was read the second time.
With the consent of the House, the rules were suspended, the second reading considered the third, and the resolution was placed on final passage.
The Speaker stated the question before the House to be final adoption of House Concurrent Resolution No. 4438.
Representative Peery spoke in favor of adoption of the resolution.
House Resolution No. 4438 was adopted.
MOTION
Representative Peery moved that House Resolution No. 4438 be immediately transmitted to the Senate. The motion was carried.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
There being no objection, the House reverted to the fourth order of business.
INTRODUCTIONS AND FIRST READING (SUPPLEMENTAL)
HCR 4439 by Representative Peery
Enumerating matters for consideration in the 1994 first special session.
On motion of Representative Peery, House Concurrent Resolution No. 4439 was advanced to second reading.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
HCR 4439 by Representative Peery
Enumerating matters for consideration in the 1994 first special session.
The resolution was read the second time.
On motion of Representative Peery, the rules were suspended, the second reading considered the third, and the resolution was placed on final passage.
The Speaker stated the question before the House to be final adoption of House Concurrent Resolution No. 4439.
Representative Peery spoke in favor of adoption of the resolution.
House Resolution No. 4439 was adopted.
There being no objection, the House advanced to the eighth order of business.
MOTION
Representative Peery moved that the Rules Committee be relieved of Engrossed Substitute House Bill No. 2676 and that the bill be placed on the third reading calendar. The motion was carried.
With the consent of the House, House Concurrent Resolution No. 4439 was immediately transmitted to the Senate. The motion was carried.
There being no objection, the House reverted to the seventh order of business.
THIRD READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2676, by House Committee on Appropriations (originally sponsored by Representatives Dunshee, Reams, Anderson, Patterson, Bray, R. Meyers, Basich, Johanson, Pruitt, Ogden, Wolfe, G. Cole, Moak, Valle, H. Myers, Kremen, Silver, Kessler, Conway, Cothern, Morris, Rayburn and J. Kohl; by request of Governor Lowry)
Restructuring boards, committees, commissions, and councils.
The bill was read the third time.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2676.
Representatives Dunshee and Forner spoke in favor of passage of the bill.
MOTIONS
On motion of Representative L. Thomas, Representatives Wood, Dyer and Carlson were excused.
On motion of Representative J. Kohl, Representatives Orr, Dorn and Riley were excused.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2676, and the bill passed the House by the following vote: Yeas - 90, Nays - 0, Absent - 2, Excused - 6.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Casada, Caver, Chandler, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 90.
Absent: Representatives Sommers and Valle - 2.
Excused: Representatives Carlson, Dorn, Dyer, Orr, Riley and Wood - 6.
Engrossed Substitute House Bill No. 2676, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
March 11, 1994
Mr. Speaker:
The Senate has adopted:
HOUSE CONCURRENT RESOLUTION NO. 4438,
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
The Speaker declared the House to be at ease.
The Speaker called the House to order.
MESSAGE FROM THE SENATE
March 11, 1994
Mr. Speaker:
The Senate has adopted the report of the Conference Committee to ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319, and passed the bill as recommended by the Conference Committee,
and the same is herewith transmitted.
Marty Brown, Secretary
REPORT OF CONFERENCE COMMITTEE
Includes "NEW ITEM": YES
Enacting programs to reduce violence.
Mr. President:
Mr. Speaker:
We of your CONFERENCE COMMITTEE, to whom was referred ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319, Violence reduction programs, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the striking amendments by the Conference Committee (See attached 2319-S2.E AMC CONF S5957.1) be adopted:
On page 34, after line 18 of the Conference Committee amendment (s-5957.1), insert the following:
"(6) Any city, town, or county may enact an ordinance to exempt itself from the prohibition of subsection (4) of this section."; and
That the Conference Committee amendment be further amended (See attached 2319-S2.E AMC CONF H4595.1) to page 202, after line 37, together with the title amendment(s),
On page 202, after line 37, insert the following:
"Sec. 919. 1993 sp.s. c 24 s 202 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--CHILDREN AND FAMILY SERVICES PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((292,004,000))
283,352,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((193,407,000))
216,172,000
Drug Enforcement and Education Account
Appropriation.. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 3,722,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((489,133,000))
503,246,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $854,000 of the drug enforcement and education account appropriation and $300,000 of the general fund--state appropriation are provided solely to contract for the operation of one pediatric interim care facility. The facility shall provide residential care for up to twelve children through two years of age. Seventy-five percent of the children served by the facility must be in need of special care as a result of substance abuse by their mothers. The facility also shall provide on-site training to biological, adoptive, or foster parents. The facility shall provide at least three months of consultation and support to parents accepting placement of children from the facility. The facility may recruit new and current foster and adoptive parents for infants served by the facility. The department shall not require case management as a condition of the contract.
(2) $700,000 of the general fund--state appropriation and $262,000 of the drug enforcement and education account appropriation are provided solely for up to three nonfacility based programs for the training, consultation, support, and recruitment of biological, foster, and adoptive parents of children through age three in need of special care as a result of substance abuse by their mothers, except that each program may serve up to three medically fragile nonsubstance-abuse-affected children. In selecting nonfacility based programs, preference shall be given to programs whose federal or private funding sources have expired or have successfully performed under the existing pediatric interim care program.
(3) In the event that the department consolidates children's services offices, the department shall ensure that services continue to be accessible to isolated communities.
(4) (($14,984,000 of the general fund--state appropriation and $14,632,000 of the general fund--federal appropriation are provided to establish a state child care block grant by July 1, 1994. The department shall develop a plan for administering the block grant which shall include: (a) A state-wide distribution formula; (b) a block grant application process that encourages the cooperative efforts of local governments, resource and referral agencies, and other not-for-profit organizations involved with child care; (c) recommendations about cost-effective ways to administer child care subsidies in rural areas of the state; and (d) recommendations for the percentage of the grant to be used for local administration. The plan shall be presented to the appropriate legislative committees by January 1, 1994.)) The department shall develop and implement a plan for removing categorical barriers to access for families needing departmental child care services. The plan shall be developed in consultation with the child care coordinating committee, and shall include strategies such as: (a) Co-location of child care eligibility workers with other relevant service providers such as resource and referral agencies; (b) development of a uniform application form and process across programs; (c) cross-training of departmental and resource and referral agency child care staff; (d) development of parent brochures; and (e) increased coordination at the local level with child care and early childhood programs operated by other agencies and governmental jurisdictions. The department shall report to appropriate committees of the legislature on the plan and its implementation status by December 1, 1994.
(5) The department shall coordinate funding totaling $400,000 from all available sources to initiate a residential teen welfare protection program in an urban county with a population over 550,000. The program shall be designed to improve employment and parenting skills of teenage mothers to reduce long-term welfare dependence. The department shall select a provider with experience in providing residential services to adolescent mothers and their infants.
(6) The family policy council under chapter 70.190 RCW shall establish procedures for locating appropriate counseling staff of participating agencies in public schools.
(((8) $8,792,000 of the general fund--state appropriation is provided solely to implement the following programs: $385,000 of this amount is provided for the medical training project on the evaluation and care of child sexual abuse, $4,784,000 of this amount is provided for contracts for domestic violence shelters and comprehensive domestic violence service planning, $2,841,000 of this amount is provided for early identification and treatment of child sexual abuse, and $782,000 of this amount is provided for sexual assault centers.))
(7) $900,000 of the general fund--state appropriation, and $225,000 of the general fund--federal appropriation, are provided solely to implement Engrossed Second Substitute Senate Bill No. 6255 (permanency planning for children). The department may transfer a portion of this amount to the legal services revolving fund for costs associated with implementation of this bill.
(8) $4,142,000 of the general fund--state appropriation and $1,858,000 of the general fund--federal appropriation are provided solely to fund prevention programs designed to address risk factors related to violent criminal acts by juveniles, child abuse and neglect, domestic violence, teen pregnancy and male parentage, suicide attempts, substance abuse, and dropping out of school. The legislature intends, through the appropriation of these funds, to address the underlying causes of violence and other at-risk behaviors of children and create an environment which promotes healthy behaviors and safe communities for children and their families.
The family policy council shall disburse funds under this subsection to community public health and safety networks who are in substantial compliance with chapter . . ., Laws of 1994 (this act) as determined by the council by rule. Funds provided under this subsection shall only be available upon application of a network to the council. The application and plan shall demonstrate the effectiveness of the program in terms of reaching its goals, specify the risk factors to be addressed and ameliorated, and provide clear and substantial evidence that additional funds will substantially improve the ability of the program to increase its effectiveness. In considering requests for funding under this section, the council may approve requests to:
(a) Provide technical assistance, planning grants, and grants of flexible funds to community public health and safety networks;
(b) Fund healthy family programs;
(c) Fund before- and after-school child care and therapeutic child care programs;
(d) Fund domestic violence programs;
(e) Fund safe schools/community programs; and
(f) Fund other services targeted at the risk factors specified in chapter . . ., Laws of 1994 (this act).
On page 202, following line 37
NEW SECTION. Sec. 920. Section 201, chapter . . . (section 201 of Engrossed Substitute Senate Bill No. 6244), Laws of 1994 (uncodified) is repealed."
On page 203, line 21 of the title amendment, after "(uncodified);" insert "amending 1993 sp.s. c 24 s 202 (uncodified);"
On page 203, line 39 of the title amendment, after "82.64.900;" insert "repealing section 201, chapter . . . (section 201 of Engrossed Substitute Senate Bill No. 6244), Laws of 1994 (uncodified);"
Strike everything after the enacting clause and insert the following:
PART I. INTENT
NEW SECTION. Sec. 101. The legislature finds that the increasing violence in our society causes great concern for the immediate health and safety of our citizens and our social institutions. Youth violence is increasing at an alarming rate and young people between the ages of fifteen and twenty-four are at the highest risk of being perpetrators and victims of violence. Additionally, random violence, including homicide and the use of firearms, has dramatically increased over the last decade.
The legislature finds that violence is abhorrent to the aims of a free society and that it can not be tolerated. State efforts at reducing violence must include changes in criminal penalties, reducing the unlawful use of and access to firearms, increasing educational efforts to encourage nonviolent means for resolving conflicts, and allowing communities to design their prevention efforts.
The legislature finds that the problem of violence can be addressed with many of the same approaches that public health programs have used to control other problems such as infectious disease, tobacco use, and traffic fatalities.
Addressing the problem of violence requires the concerted effort of all communities and all parts of state and local governments. It is the immediate purpose of chapter . . ., Laws of 1994 (this act) to: (1) Prevent acts of violence by encouraging change in social norms and individual behaviors that have been shown to increase the risk of violence; (2) reduce the rate of at-risk children and youth, as defined in RCW 70.190.010; (3) increase the severity and certainty of punishment for youth and adults who commit violent acts; (4) reduce the severity of harm to individuals when violence occurs; (5) empower communities to focus their concerns and allow them to control the funds dedicated to empirically supported preventive efforts in their region; and (6) reduce the fiscal and social impact of violence on our society.
Sec. 102. RCW 74.14A.020 and 1983 c 192 s 2 are each amended to read as follows:
((The department of social and health services)) State efforts shall address the needs of children and their families, including emotionally disturbed and mentally ill children, potentially dependent children, and families-in-conflict by:
(1) Serving children and families as a unit in the least restrictive setting available and in close proximity to the family home, consistent with the best interests and special needs of the child;
(2) Ensuring that appropriate social and health services are provided to the family unit both prior to and during the removal of a child from the home and after family reunification;
(3) Ensuring that the safety and best interests of the child are the paramount considerations when making placement and service delivery decisions;
(4) Recognizing the interdependent and changing nature of families and communities, building upon their inherent strengths, maintaining their dignity and respect, and tailoring programs to their specific circumstances;
(5) Developing and implementing comprehensive, preventive, and early intervention social and health services which have demonstrated the ability to delay or reduce the need for out-of-home placements and ameliorate problems before they become chronic or severe;
(((4))) (6) Being sensitive to the family and community culture, norms, values, and expectations, ensuring that all services are provided in a culturally appropriate and relevant manner, and ensuring participation of racial and ethnic minorities at all levels of planning, delivery, and evaluation efforts;
(7)(a) Developing coordinated social and health services which:
(((a))) (i) Identify problems experienced by children and their families early and provide services which are adequate in availability, appropriate to the situation, and effective;
(((b))) (ii) Seek to bring about meaningful change before family situations become irreversibly destructive and before disturbed psychological behavioral patterns and health problems become severe or permanent;
(((c))) (iii) Serve children and families in their own homes thus preventing unnecessary out-of-home placement or institutionalization;
(((d))) (iv) Focus resources on social and health problems as they begin to manifest themselves rather than waiting for chronic and severe patterns of illness, criminality, and dependency to develop which require long-term treatment, maintenance, or custody;
(((e))) (v) Reduce duplication of and gaps in service delivery;
(((f))) (vi) Improve planning, budgeting, and communication among all units of the department ((serving)) and among all agencies that serve children and families; and
(((g) Develop)) (vii) Utilize outcome standards for measuring the effectiveness of social and health services for children and families.
(b) In developing services under this subsection, local communities must be involved in planning and developing community networks that are tailored to their unique needs.
PART II. PUBLIC HEALTH
NEW SECTION. Sec. 201. The legislature recognizes that the state patrol, the office of the administrator for the courts, the sheriffs' and police chiefs' association, the department of social and health services, the department of community development, the sentencing guidelines commission, the department of corrections, and the superintendent of public instruction each have comprehensive data and analysis capabilities that have contributed greatly to our current understanding of crime and violence, and their causes.
The legislature finds, however, that a single health-oriented agency must be designated to provide consistent guidelines to all these groups regarding the way in which their data systems collect this important data. It is not the intent of the legislature by section 202 of this act to transfer data collection requirements from existing agencies or to require the addition of major new data systems. It is rather the intent to make only the minimum required changes in existing data systems to increase compatibility and comparability, reduce duplication, and to increase the usefulness of data collected by these agencies in developing more accurate descriptions of violence.
NEW SECTION. Sec. 202. A new section is added to chapter 43.70 RCW to read as follows:
(1) The department of health shall develop, based on recommendations in the public health services improvement plan and in consultation with affected groups or agencies, comprehensive rules for the collection and reporting of data relating to acts of violence, at-risk behaviors, and risk and protective factors. The data collection and reporting rules shall be used by any public or private entity that is required to report data relating to these behaviors and conditions. The department may require any agency or program that is state-funded or that accepts state funds and any licensed or regulated person or professional to report these behaviors and conditions. To the extent possible the department shall require the reports to be filed through existing data systems. The department may also require reporting of attempted acts of violence and of nonphysical injuries. For the purposes of this section "acts of violence" means self-directed and interpersonal behaviors that can result in suicide, homicide, and nonfatal intentional injuries. "At-risk behaviors," "protective factors," and "risk factors" have the same meanings as provided in RCW 70.190.010. A copy of the data used by a school district to prepare and submit a report to the department shall be retained by the district and, in the copy retained by the district, identify the reported acts or behaviors by school site.
(2) The department is designated as the state-wide agency for the coordination of all information relating to violence and other intentional injuries, at-risk behaviors, and risk and protective factors.
(3) The department shall provide necessary data to the local health departments for use in planning by or evaluation of any community network authorized under section 303 of this act.
(4) The department shall publish annual reports on intentional injuries, unintentional injuries, rates of at-risk youth, and associated risk and protective factors. The reports shall be submitted to the governor, the legislature, and the Washington state institute for public policy.
(5) The department shall by rule establish requirements for local health departments to perform assessment related to at-risk behaviors and risk and protective factors and to assist community networks in policy development and in planning and other duties under chapter . . ., Laws of 1994 (this act).
(6) The department may, consistent with its general authority and directives under sections 201 through 205 of this act, contract with a college or university that has experience in data collection relating to the health and overall welfare of children to provide assistance to:
(a) State and local health departments in developing new sources of data to track acts of violence, at-risk behaviors, and risk and protective factors; and
(b) Local health departments to compile and effectively communicate data in their communities.
NEW SECTION. Sec. 203. A new section is added to chapter 43.70 RCW to read as follows:
The public health services improvement plan developed under RCW 43.70.520 shall include:
(1) Minimum standards for state and local public health assessment, performance measurement, policy development, and assurance regarding social development to reduce at-risk behaviors and risk and protective factors. The department in the development of data collection and reporting requirements for the superintendent of public instruction, schools, and school districts shall consult with the joint select committee on education restructuring and local school districts.
(2)(a) Measurable risk factors that are empirically linked to violent criminal acts by juveniles, teen substance abuse, teen pregnancy and male parentage, teen suicide attempts, dropping out of school, child abuse or neglect, and domestic violence; and
(b) An evaluation of other factors to determine whether they are empirically related risk factors, such as: Out-of-home placements, poverty, single-parent households, inadequate nutrition, hunger, unemployment, lack of job skills, gang affiliation, lack of recreational or cultural opportunities, school absenteeism, court-ordered parenting plans, physical, emotional, or behavioral problems requiring special needs assistance in K-12 schools, learning disabilities, and any other possible factors.
(3) Data collection and analysis standards on at-risk behaviors and risk and protective factors for use by the local public health departments and the state council and the local community networks to ensure consistent and interchangeable data.
(4) Recommendations regarding any state or federal statutory barriers affecting data collection or reporting.
The department shall provide an annual report to the Washington state institute for public policy on the implementation of this section.
NEW SECTION. Sec. 204. A new section is added to chapter 43.70 RCW to read as follows:
The department, in consultation with the family policy council created in chapter 70.190 RCW, shall establish, by rule, standards for local health departments and networks to use in assessment, performance measurement, policy development, and assurance regarding social development to prevent health problems caused by risk factors empirically linked to: Violent criminal acts by juveniles, teen substance abuse, teen pregnancy and male parentage, teen suicide attempts, dropping out of school, child abuse or neglect, and domestic violence. The standards shall be based on the standards set forth in the public health services improvement plan as required by section 203 of this act.
The department, in consultation with the family policy council, shall review the definitions of at-risk children and youth, protective factors, and risk factors contained in RCW 70.190.010 and make any suggested recommendations for change to the legislature by January 1, 1995.
NEW SECTION. Sec. 205. A new section is added to chapter 43.70 RCW to read as follows:
The legislature encourages the use of a state-wide voluntary, socially responsible policy to reduce the emphasis, amount, and type of violence in all public media. The department shall develop a suggested reporting format for use by the print, television, and radio media in reporting their voluntary violence reduction efforts. Each area of the public media may carry out the policy in whatever manner that area deems appropriate.
Sec. 206. RCW 43.70.010 and 1989 1st ex.s. c 9 s 102 are each amended to read as follows:
As used in this chapter, unless the context indicates otherwise:
(1) "Assessment" means the regular collection, analysis, and sharing of information about health conditions, risks, and resources in a community. Assessment activities identify trends in illness, injury, and death and the factors that may cause these events. They also identify environmental risk factors, community concerns, community health resources, and the use of health services. Assessment includes gathering statistical data as well as conducting epidemiologic and other investigations and evaluations of health emergencies and specific ongoing health problems;
(2) "Board" means the state board of health;
(((2))) (3) "Council" means the health care access and cost control council;
(((3))) (4) "Department" means the department of health; ((and
(4))) (5) "Policy development" means the establishment of social norms, organizational guidelines, operational procedures, rules, ordinances, or statutes that promote health or prevent injury, illness, or death; and
(6) "Secretary" means the secretary of health.
NEW SECTION. Sec. 207. A new section is added to chapter 70.190 RCW to read as follows:
(1) The Washington state institute for public policy shall conduct or contract for monitoring and tracking of the implementation of chapter . . ., Laws of 1994 (this act) to determine whether these efforts result in a measurable reduction of violence. The institute shall also conduct or contract for an evaluation of the effectiveness of the community public health and safety networks in reducing the rate of at-risk youth through reducing risk factors and increasing protective factors. The evaluation plan shall result in statistically valid evaluation at both state-wide and community levels. The evaluation plan shall be submitted to the governor and appropriate legislative committees by July 1, 1995.
(2) Starting five years after the initial grant to a community network, if the community network fails to meet the outcome standards and goals in any two consecutive years, the institute shall make recommendations to the legislature concerning whether the funds received by that community network should revert back to the originating agency. In making this determination, the institute shall consider the adequacy of the level of intervention relative to the risk factors in the community and any external events having a significant impact on risk factors or outcomes.
(3) The outcomes required under this chapter and social development standards and measures established by the department of health under section 204 of this act shall be used in conducting the outcome evaluation of the community networks.
PART III. COMMUNITY NETWORKS
Sec. 301. RCW 70.190.005 and 1992 c 198 s 1 are each amended to read as follows:
The legislature finds that a primary goal of public involvement in the lives of children has been to strengthen the family unit.
However, the legislature recognizes that traditional two-parent families with one parent routinely at home are now in the minority. In addition, extended family and natural community supports have eroded drastically. The legislature recognizes that public policy assumptions must be altered to account for this new social reality. Public effort must be redirected to expand, support, strengthen, and help ((refashion)) reconstruct family and community ((associations)) networks to ((care for)) assist in meeting the needs of children.
The legislature finds that a broad variety of services for children and families has been independently designed over the years and that the coordination and cost-effectiveness of these services will be enhanced through the adoption of ((a common)) an approach ((to their delivery)) that allows communities to prioritize and coordinate services to meet their local needs. The legislature further finds that the most successful programs for reaching and working with at-risk families and children treat individuals' problems in the context of the family, offer a broad spectrum of services, are flexible in the use of program resources, and use staff who are trained in crossing traditional program categories in order to broker services necessary to fully meet a family's needs.
The legislature further finds that eligibility criteria, expenditure restrictions, and reporting requirements of state and federal categorical programs often create barriers toward the effective use of resources for addressing the multiple problems of at-risk families and children.
The purposes of this chapter are (1) to modify public policy and programs to empower communities to support and respond to the needs of individual families and children and (2) to improve the responsiveness of services for children and families at risk by facilitating greater coordination and flexibility in the use of funds by state and local service agencies.
Sec. 302. RCW 70.190.010 and 1992 c 198 s 3 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Assessment" has the same meaning as provided in RCW 43.70.010.
(2) "At-risk" children and youth are those who risk the significant loss of social, educational, or economic opportunities.
(3) "At-risk behaviors" means violent delinquent acts, teen substance abuse, teen pregnancy and male parentage, teen suicide attempts, dropping out of school, child abuse or neglect, and domestic violence. At-risk children and youth also include those who are victims of violence, abuse, neglect, and those who have been removed from the custody of their parents.
(4) "Comprehensive plan" means a two-year plan that examines available resources and unmet needs for a county or multicounty area, barriers that limit the effective use of resources, and a plan to address these issues that is broadly supported.
(((2))) (5) "Participating state agencies" means the office of the superintendent of public instruction, the department of social and health services, the department of health, the employment security department, the department of community, trade, and economic development, and such other departments as may be specifically designated by the governor.
(((3))) (6) "Family policy council" or "council" means: The superintendent of public instruction, the secretary of social and health services, the secretary of health, the commissioner of the employment security department, and the director of the department of community, trade, and economic development or their designees((,)); one legislator from each caucus of the senate and house of representatives((, and)); one representative of the governor; one representative each appointed by the governor for cities or towns, counties, federally recognized Indian tribes, school districts, the children's commission, law enforcement agencies, superior courts, public parks and recreation programs, and private agency service providers; citizen representatives of community organizations not associated with delivery of services affected by chapter . . ., Laws of 1994 (this act); and two chief executive officers of major Washington corporations appointed by the governor.
(((4))) (7) "Outcome" or "outcome based" means defined and measurable outcomes ((and indicators that make it possible for communities)) used to evaluate progress in ((meeting their goals and whether systems are fulfilling their responsibilities)) reducing the rate of at-risk children and youth through reducing risk factors and increasing protective factors.
(((5))) (8) "Matching funds" means an amount no less than twenty-five percent of the amount budgeted for a ((consortium's project. Up to half of the consortium's)) community network's plan. The network's matching funds may be in-kind goods ((and)), services((. Funding sources allowable for match include)), appropriate federal or local levy funds, private charitable funding, and other charitable giving. Basic education funds shall not be used as a match.
(((6) "Consortium" means a diverse group of individuals that includes at least representatives of local service providers, service recipients, local government administering or funding children or family service programs, participating state agencies, school districts, existing children's commissions, ethnic and racial minority populations, and other interested persons organized for the purpose of designing and providing collaborative and coordinated services under this chapter. Consortiums shall represent a county, multicounty, or municipal service area. In addition, consortiums may represent Indian tribes applying either individually or collectively.))
(9) "Community public health and safety networks" or "community networks" means authorities authorized under section 303 of this act.
(10) "Policy development" has the same meaning as provided in RCW 43.70.010.
(11) "Protective factors" means those factors determined by the department of health to be empirically associated with behaviors that contribute to socially acceptable and healthy nonviolent behaviors. Protective factors include promulgation, identification, and acceptance of community norms regarding appropriate behaviors in the area of delinquency, early sexual activity, and alcohol and substance abuse, educational opportunities, employment opportunities, and absence of crime.
(12) "Risk factors" means those factors determined by the department of health to be empirically associated with at-risk behaviors that contribute to violence. Risk factors include availability of drugs or alcohol, economic, educational, and social deprivation, rejection of identification with the community, academic failure, a family history of high substance abuse, crime, a lack of acceptance of societal norms, and substance, child, and sexual abuse.
NEW SECTION. Sec. 303. A new section is added to chapter 70.190 RCW to read as follows:
(1) The legislature intends to create community public health and safety networks to reconnect parents and other citizens with children, youth, families, and community institutions which support health and safety. The networks should empower parents and other citizens by being a means of expressing their attitudes, spirit, and perspectives regarding safe and healthy family and community life. The legislature intends that parent and other citizen perspectives exercise a controlling influence over policy and program operations of professional organizations concerned with children and family issues within networks in a manner consistent with the Constitution and state law. It is not the intent of the legislature that health, social service, or educational professionals dominate community public health and safety network processes or programs, but rather that these professionals use their skills to lend support to parents and other citizens in expressing their values as parents and other citizens identify community needs and establish community priorities. To this end, the legislature intends full participation of parents and other citizens in community public health and safety networks. The intent is that local community values are reflected in the operations of the network.
(2) A group of persons described in subsection (3) of this section may apply by December 1, 1994, to be a community public health and safety network.
(3) Each community public health and safety network shall be composed of twenty-three people, thirteen of whom shall be citizens with no direct fiduciary interest in health, education, social service, or justice system organizations operating within the network area. In selecting these members, first priority shall be given to members of community mobilization advisory boards, city or county children's services commissions, human services advisory boards, or other such organizations which may exist within the network. The thirteen persons shall be selected as follows: Three by the chambers of commerce located in the network, three by school board members of the school districts within the network boundary, three by the county legislative authorities of the counties within the network boundary, three by the city legislative authorities of the cities within the network boundary, and one high school student, selected by student organizations within the network boundary. The remaining ten members shall include local representation from the following groups and entities: Cities, counties, federally recognized Indian tribes, parks and recreation programs, law enforcement agencies, superior court judges, state children's service workers from within the network area, employment assistance workers from within the network area, private social, educational, or health service providers from within the network area, and broad-based nonsecular organizations.
(4) A list of the network members shall be submitted to the council by December 1, 1994, by the network chair who shall be selected by network members at their first meeting. The list shall become final unless the council chooses other members within twenty days after the list is submitted. The council shall accept the list unless he or she believes the proposed list does not adequately represent all parties identified in subsection (3) of this section or a member has a conflict of interest between his or her membership and his or her livelihood. Members of the community network shall serve terms of three years.
The terms of the initial members of each network shall be as follows: (a) One-third shall serve for one year; (b) one-third shall serve for two years; and (c) one-third shall serve for three years. Initial members may agree which shall serve fewer than three years or the decision may be made by lot. The same process shall be used in the selection of the chair and members for subsequent terms. Any vacancy occurring during the term may be filled by the chair for the balance of the unexpired term.
(5) The network shall select a public entity as the lead fiscal agency for the network. The lead agency may contract with a public or private entity to perform other administrative duties required by the state. In making the selection, the network shall consider: (a) Experience in administering prevention and intervention programs; (b) the relative geographical size of the network and its members; (c) budgeting and fiscal capacity; and (d) how diverse a population each entity represents.
(6) Network meetings are subject to the open public meetings act under chapter 42.30 RCW.
NEW SECTION. Sec. 304. A new section is added to chapter 70.190 RCW to read as follows:
The community public health and safety networks shall:
(1) Review state and local public health data and analysis relating to risk factors, protective factors, and at-risk children and youth;
(2) Prioritize the risk factors and protective factors to reduce the likelihood of their children and youth being at risk. The priorities shall be based upon public health data and assessment and policy development standards provided by the department of health under section 204 of this act;
(3) Develop long-term comprehensive plans to reduce the rate of at-risk children and youth; set definitive, measurable goals, based upon the department of health standards; and project their desired outcomes;
(4) Distribute funds to local programs that reflect the locally established priorities and as provided in section 324 of this act;
(5) Comply with outcome-based standards;
(6) Cooperate with the department of health and local boards of health to provide data and determine outcomes; and
(7) Coordinate its efforts with anti-drug use efforts and organizations and maintain a high priority for combatting drug use by at-risk youth.
NEW SECTION. Sec. 305. A new section is added to chapter 70.190 RCW to read as follows:
(1) The community network's plan may include a program to provide postsecondary scholarships to at-risk students who: (a) Are community role models under criteria established by the community network; (b) successfully complete high school; and (c) maintain at least a 2.5 grade point average throughout high school. Funding for the scholarships may include public and private sources.
(2) The community network's plan may also include funding of community-based home visitor programs which are designed to reduce the incidence of child abuse and neglect with the network. Parents shall sign a voluntary authorization for services, which may be withdrawn at any time. The program may provide parents with education and support either in parents' homes or in other locations comfortable for parents, beginning with the birth of their first baby. The program may make the following services available to the families:
(a) Visits for all expectant or new parents, either at the parent's home or another location with which the parent is comfortable;
(b) Screening before or soon after the birth of a child to assess the family's strengths and goals and define areas of concern in consultation with the family;
(c) Parenting education and skills development;
(d) Parenting and family support information and referral;
(e) Parent support groups; and
(f) Service coordination for individual families, and assistance with accessing services, provided in a manner that ensures that individual families have only one individual or agency to which they look for service coordination. Where appropriate for a family, service coordination may be conducted through interdisciplinary or interagency teams.
These programs are intended to be voluntary for the parents involved.
(3) The community network may include funding of:
(a) At-risk youth job placement and training programs. The programs shall:
(i) Identify and recruit at-risk youth for local job opportunities;
(ii) Provide skills and needs assessments for each youth recruited;
(iii) Provide career and occupational counseling to each youth recruited;
(iv) Identify businesses willing to provide employment and training opportunities for at-risk youth;
(v) Match each youth recruited with a business that meets his or her skills and training needs;
(vi) Provide employment and training opportunities that prepare the individual for demand occupations; and
(vii) Include, to the extent possible, collaboration of business, labor, education and training, community organizations, and local government;
(b) Employment assistance, including job development, school-to-work placement, employment readiness training, basic skills, apprenticeships, job mentoring, and private sector and community service employment;
(c) Education assistance, including tutoring, mentoring, interactions with role models, entrepreneurial education and projects, violence prevention training, safe school strategies, and employment reentry assistance services;
(d) Peer-to-peer, group, and individual counseling, including crisis intervention, for at-risk youth and their parents;
(e) Youth coalitions that provide opportunities to develop leadership skills and gain appropriate respect, recognition, and rewards for their positive contribution to their community;
(f) Technical assistance to applicants to increase their organizational capacity and to improve the likelihood of a successful application; and
(g) Technical assistance and training resources to successful applicants.
NEW SECTION. Sec. 306. A new section is added to chapter 70.190 RCW to read as follows:
(1) A community network that has its membership finalized under section 303(4) of this act shall, upon application to the council, be eligible to receive planning grants and technical assistance from the council. Planning grants may be funded through available federal funds for family preservation services. After receiving the planning grant the region will be given up to one year to submit the long-term comprehensive plan. Upon application the community networks are eligible to receive funds appropriated under section 324 of this act.
(2) The council shall enter into biennial contracts with community networks as part of the grant process. The contracts shall be consistent with available resources, and shall be distributed in accordance with the distribution formula developed pursuant to section 319 of this act.
(3) No later than February 1 of each odd-numbered year following the initial contract between the council and a network, the council shall request from the network its plan for the upcoming biennial contract period.
(4) The council shall notify the community networks of their allocation of available resources at least sixty days prior to the start of a new biennial contract period.
NEW SECTION. Sec. 307. A new section is added to chapter 70.190 RCW to read as follows:
The family policy council shall:
(1) Establish network boundaries no later than July 1, 1994. There is a presumption that no county may be divided between two or more community networks and no network shall have fewer than forty thousand population. When approving multicounty networks, considering dividing a county between networks, or creating a network with a population of less than forty thousand, the council must consider: (a) Common economic, geographic, and social interests; (b) historical and existing shared governance; and (c) the size and location of population centers. Individuals and groups within any area shall be given ample opportunity to propose network boundaries in a manner designed to assure full consideration of their expressed wishes;
(2) Develop a technical assistance and training program to assist communities in creating and developing community networks and comprehensive plans;
(3) Approve the structure, purpose, goals, plan, and performance measurements of each community network;
(4) Identify all prevention and early intervention programs and funds, including all programs funded under RCW 69.50.520, in addition to the programs set forth in section 308 of this act, which could be transferred, in all or part, to the community networks, and report their findings and recommendations to the governor and the legislature regarding any appropriate program transfers by January 1 of each year;
(5) Reward community networks that show exceptional success as provided in section 319 of this act;
(6) Seek every opportunity to maximize federal and other funding that is consistent with the plans approved by the council for the purpose and goals of this chapter;
(7) Review the state-funded out-of-home placement rate before the end of each contract to determine whether the region has sufficiently reduced the rate. If the council determines that there has not been a sufficient reduction in the rate, it may reduce the immediately succeeding grant to the network;
(8)(a) The council shall monitor the implementation of programs contracted by participating state agencies by reviewing periodic reports on the extent to which services were delivered to intended populations, the quality of services, and the extent to which service outcomes were achieved at the conclusion of service interventions. This monitoring shall include provision for periodic feedback to community networks;
(b) The legislature intends that this monitoring be used by the Washington state institute for public policy, together with public health data on at-risk behaviors and risk and protective factors, to produce an external evaluation of the effectiveness of the networks and their programs. For this reason, and to conserve public funds, the council shall not conduct or contract for the conduct of control group studies, quasi-experimental design studies, or other analysis efforts to attempt to determine the impact of network programs on at-risk behaviors or risk and protective factors; and
(9) Review the implementation of chapter . . ., Laws of 1994 (this act) and report its recommendations to the legislature annually. The report shall use measurable performance standards to evaluate the implementation.
NEW SECTION. Sec. 308. A new section is added to chapter 70.190 RCW to read as follows:
(1) The council, and each network, shall biennially review all state and federal funded programs serving individuals, families, or communities to determine whether a network may be better able to integrate and coordinate these services within the community.
(2) The council, and each network, shall specifically review and report, to the governor and the legislature, on the feasibility and desirability of decategorizing and granting, all or part of, the following program funds to the networks:
(a) Consolidated juvenile services;
(b) Family preservation and support services;
(c) Readiness to learn;
(d) Community mobilization;
(e) Violence prevention;
(f) Community-police partnership;
(g) Child care;
(h) Early intervention and educational services, including but not limited to, birth to three, birth to six, early childhood education and assistance, and headstart;
(i) Crisis residential care;
(j) Victims' assistance;
(k) Foster care;
(l) Adoption support;
(m) Continuum of care; and
(n) Drug and alcohol abuse prevention and early intervention in schools.
(3) In determining the desirability of decategorizing these programs the report shall analyze whether:
(a) The program is an integral part of the comprehensive plan without decategorization;
(b) The program is already adequately integrated and coordinated with other programs that are, or will be, funded by the network;
(c) The network could develop the capacity to provide the program's services;
(d) The program goals might receive greater community support and reinforcement through the network;
(e) The program presently ensures that adequate follow-up efforts are utilized, and whether the network could improve on those efforts through decategorization of the funds;
(f) The decategorization would benefit the community; and
(g) The decategorization would assist the network in achieving its goals.
(4) If the council or a network determines that a program should not be decategorized, the council or network shall make recommendations regarding programmatic changes that are necessary to improve the coordination and integration of services and programs, regardless of the funding source for those programs.
NEW SECTION. Sec. 309. A new section is added to chapter 70.190 RCW to read as follows:
(1) The participating state agencies shall execute an interagency agreement to ensure the coordination of their local program efforts regarding children. This agreement shall recognize and give specific planning, coordination, and program administration responsibilities to community networks, after the approval under section 310 of this act of their comprehensive plans. The community networks shall encourage the development of integrated, regionally based children, youth, and family activities and services with adequate local flexibility to accomplish the purposes stated in section 101 of this act and RCW 74.14A.020.
(2) The community networks shall exercise the planning, coordinating, and program administration functions specified by the state interagency agreement in addition to other activities required by law, and shall participate in the planning process required by chapter 71.36 RCW.
(3) Any state or federal funds identified for contracts with community networks shall be transferred with no reductions.
NEW SECTION. Sec. 310. A new section is added to chapter 70.190 RCW to read as follows:
The council shall only disburse funds to a community network after a comprehensive plan has been prepared by the network and approved by the council or as provided in section 324 of this act. In approving the plan the council shall consider whether the network:
(1) Promoted input from the widest practical range of agencies and affected parties;
(2) Reviewed the indicators of violence data compiled by the local public health departments and incorporated a response to those indicators in the plan;
(3) Obtained a declaration by the largest health department within the network's boundaries, ensuring that the plan met minimum standards for assessment and policy development relating to social development according to section 204 of this act;
(4) Included a specific mechanism of data collection and transmission based on the rules established under section 204 of this act;
(5) Considered all relevant causes of violence in its community and did not isolate only one or a few of the elements to the exclusion of others and demonstrated evidence of building community capacity through effective neighborhood and community development; and
(6) Committed to make measurable reductions in the rate of at-risk children and youth by reducing the rate of state-funded out-of-home placements and make reductions in at least three of the following rates of youth: Violent criminal acts, substance abuse, pregnancy and male parentage, suicide attempts, or dropping out of school.
Sec. 311. RCW 43.101.240 and 1989 c 271 s 423 are each amended to read as follows:
(1) The criminal justice training commission in cooperation with the United States department of justice department of community relations (region X) shall conduct an assessment of successful community-police partnerships throughout the United States. The commission shall develop training for local law enforcement agencies targeted toward those communities where there has been a substantial increase in drug crimes. The purpose of the training is to facilitate cooperative community-police efforts and enhanced community protection to reduce drug abuse and related crimes. The training shall include but not be limited to conflict management, ethnic sensitivity, cultural awareness, and effective community policing. ((The commission shall report its findings and progress to the legislature by January 1990.))
(2) Local law enforcement agencies are encouraged to form community-police partnerships in ((areas of substantial drug crimes)) all neighborhoods and particularly areas with high rates of criminal activity. These partnerships are encouraged to organize citizen-police task forces which meet on a regular basis to promote greater citizen involvement in combatting drug abuse and to reduce tension between police and citizens. Partnerships that are formed are encouraged to report to the criminal justice training commission of their formation and progress.
(((3) The sum of one hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the drug enforcement and education account to the criminal justice training commission for the purposes of subsection (1) of this section.))
NEW SECTION. Sec. 312. A new section is added to chapter 70.190 RCW to read as follows:
If there exist any federal restrictions against the transfer of funds, for the programs enumerated in section 308 of this act, to the community networks, the council shall assist the governor in immediately applying to the federal government for waivers of the federal restrictions. The council shall also assist the governor in coordinating efforts to make any changes in federal law necessary to meet the purpose and intent of chapter . . ., Laws of 1994 (this act).
NEW SECTION. Sec. 313. A new section is added to chapter 70.190 RCW to read as follows:
For grant funds awarded under this chapter, no state agency may require any other program requirements, except those necessary to meet federal funding standards or requirements. None of the grant funds awarded to the community networks shall be considered as new entitlements.
NEW SECTION. Sec. 314. A new section is added to chapter 70.190 RCW to read as follows:
The implementation of community networks shall be included in all federal and state plans affecting the state's children, youth, and families. The plans shall be consistent with the intent and requirements of this chapter.
Sec. 315. RCW 70.190.020 and 1992 c 198 s 4 are each amended to read as follows:
To the extent that any power or duty of the council ((created according to chapter 198, Laws of 1992)) may duplicate efforts of existing councils, commissions, advisory committees, or other entities, the governor is authorized to take necessary actions to eliminate such duplication. This shall include authority to consolidate similar councils or activities in a manner consistent with the goals of this chapter ((198, Laws of 1992)).
Sec. 316. RCW 70.190.030 and 1992 c 198 s 5 are each amended to read as follows:
(((1))) The ((family policy)) council shall annually solicit from ((consortiums)) community networks proposals to facilitate greater flexibility, coordination, and responsiveness of services at the community level. The council shall consider such proposals only if:
(((a))) (1) A comprehensive plan has been prepared by the ((consortium; and
(b))) community networks;
(2) The ((consortium)) community network has identified and agreed to contribute matching funds as specified in RCW 70.190.010; ((and
(c))) (3) An interagency agreement has been prepared by the ((family policy)) council and the participating local service and support agencies that governs the use of funds, specifies the relationship of the project to the principles listed in RCW 74.14A.025, and identifies specific outcomes and indicators; and
(((d) Funds are to be used to provide support or services needed to implement a family's or child's case plan that are not otherwise adequately available through existing categorical services or community programs; [and]
(e) The consortium has provided written agreements that identify a lead agency that will assume fiscal and programmatic responsibility for the project, and identify participants in a consortium council with broad participation and that shall have responsibility for ensuring effective coordination of resources; and
(f))) (4) The ((consortium)) community network has designed into its comprehensive plan standards for accountability. Accountability standards include, but are not limited to, the public hearing process eliciting public comment about the appropriateness of the proposed comprehensive plan. The ((consortium)) community network must submit reports to the ((family policy)) council outlining the public response regarding the appropriateness and effectiveness of the comprehensive plan.
(((2) The family policy council may submit a prioritized list of projects recommended for funding in the governor's budget document.
(3) The participating state agencies shall identify funds to implement the proposed projects from budget requests or existing appropriations for services to children and their families.))
Sec. 317. RCW 70.190.900 and 1992 c 198 s 11 are each amended to read as follows:
By June 30, 1995, the ((family policy)) council shall report to the appropriate committees of the legislature on the expenditures made, outcomes attained, and other pertinent aspects of its experience in the implementation of RCW 70.190.030.
NEW SECTION. Sec. 318. A new section is added to chapter 43.41 RCW to read as follows:
The office of financial management shall review the administration of funds for programs identified under section 308 of this act and propose legislation to complete interdepartmental transfers of funds or programs as necessary. The office of financial management shall review statutes that authorize the programs identified under section 308 of this act and suggest legislation to eliminate statutory requirements that may interfere with the administration of that policy.
NEW SECTION. Sec. 319. A new section is added to chapter 43.41 RCW to read as follows:
(1) The office of financial management, in consultation with affected parties, shall establish a fund distribution formula for determining allocations to the community networks authorized under section 310 of this act. The formula shall reflect the local needs assessment for at-risk children and consider:
(a) The number of arrests and convictions for juvenile violent offenses;
(b) The number of arrests and convictions for crimes relating to juvenile drug offenses and alcohol related offenses;
(c) The number of teen pregnancies and parents;
(d) The number of child and teenage suicides and attempted suicides; and
(e) The high school graduation rate.
(2) In developing the formula, the office of financial management shall reserve five percent of the funds for the purpose of rewarding community networks.
(3) The reserve fund shall be used by the council to reward community networks that show exceptional reductions in: State-funded out-of-home placements, violent criminal acts by juveniles, substance abuse, teen pregnancy and male parentage, teen suicide attempts, or school dropout rates.
(4) The office of financial management shall submit the distribution formula to the family policy council and to the appropriate committees of the legislature by December 20, 1994.
NEW SECTION. Sec. 320. A new section is added to chapter 70.190 RCW to read as follows:
If a community network is unable or unwilling to assume powers and duties authorized under this chapter by June 30, 1998, or the Washington state institute for public policy makes a recommendation under section 207 of this act, the governor may transfer all funds and programs available to a community network to a single state agency whose statutory purpose, mission, goals, and operating philosophy most closely supports the principles and purposes of section 101 of this act and RCW 74.14A.020, for the purpose of integrating the programs and services.
NEW SECTION. Sec. 321. The secretary of social and health services and the insurance commissioner shall conduct a study regarding liability issues and insurance rates for private nonprofit group homes that contract with the department for client placement. The secretary and commissioner shall report their findings and recommendations to the legislature by November 15, 1994.
NEW SECTION. Sec. 322. A new section is added to chapter 43.20A RCW to read as follows:
The secretary of social and health services shall make all of the department's evaluation and research materials and data on private nonprofit group homes available to group home contractors. The department may delete any information from the materials that identifies a specific client or contractor, other than the contractor requesting the materials.
NEW SECTION. Sec. 323. The governor shall appoint the initial members of the family policy council by May 1, 1994.
NEW SECTION. Sec. 324. Any funds appropriated to the violence reduction and drug enforcement account in the 1993-95 supplemental budget for purposes of community networks shall only be available upon application of a network to the council. The application shall identify the programs and a plan for expenditure of the funds. The application and plan shall demonstrate the effectiveness of the program in terms of reaching its goals and provide clear and substantial evidence that additional funds will substantially improve the ability of the program to increase its effectiveness. Upon approval of this plan, each network shall be eligible to receive a minimum dollar amount as determined by the office of financial management.
This section shall expire June 30, 1995.
NEW SECTION. Sec. 325. RCW 70.190.900 and 1994 c . . . s 317 (section 317 of this act) & 1992 c 198 s 11 are each repealed.
NEW SECTION. Sec. 326. Section 325 of this act shall take effect July 1, 1995.
PART IV. FIREARMS AND OTHER WEAPONS
Sec. 401. RCW 9.41.010 and 1992 c 205 s 117 and 1992 c 145 s 5 are each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) (("Short firearm" or)) "Firearm" means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.
(2) "Pistol" ((as used in this chapter)) means any firearm with a barrel less than twelve inches in length, or is designed to be held and fired by the use of a single hand.
(((2))) (3) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
(4) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
(5) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
(6) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
(7) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.
(8) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
(9) "Loaded" means:
(a) There is a cartridge in the chamber of the firearm;
(b) Bullets are in a clip that is locked in place in the firearm;
(c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or
(d) There is a cartridge in the tube, magazine, or other compartment of the firearm.
(10) "Dealer" means a person engaged in the business of selling firearms or ammunition at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a). A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.
(11) "Crime of violence" ((as used in this chapter)) means:
(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, rape in the second degree, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, burglary in the second degree, and robbery in the second degree;
(b) Any conviction ((or adjudication)) for a felony offense in effect at any time prior to July 1, 1976, which is comparable to a felony classified as a crime of violence in ((subsection (2)))(a) of this ((section)) subsection; and
(c) Any federal or out-of-state conviction ((or adjudication)) for an offense comparable to a felony classified as a crime of violence under ((subsection (2))) (a) or (b) of this ((section.
(3) "Firearm" as used in this chapter means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.
(4) "Commercial seller" as used in this chapter means a person who has a federal firearms license)) subsection.
(12) "Serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:
(a) Any crime of violence;
(b) Child molestation in the second degree;
(c) Controlled substance homicide;
(d) Incest when committed against a child under age fourteen;
(e) Indecent liberties;
(f) Leading organized crime;
(g) Promoting prostitution in the first degree;
(h) Rape in the third degree;
(i) Sexual exploitation;
(j) Vehicular assault;
(k) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
(l) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030;
(m) Any other felony with a deadly weapon verdict under RCW 9.94A.125; or
(n) Any felony offense in effect at any time prior to the effective date of this section that is comparable to a serious offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious offense.
Sec. 402. RCW 9.41.040 and 1992 c 205 s 118 and 1992 c 168 s 2 are each reenacted and amended to read as follows:
(1) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a ((short)) firearm ((or pistol,)) if((, having previously been convicted or, as a juvenile, adjudicated in this state or elsewhere of a crime of violence or of a felony in which a firearm was used or displayed,)) the person owns ((or)), has in his or her possession, or has in his or her control any ((short)) firearm ((or pistol)):
(a) After having previously been convicted in this state or elsewhere of a serious offense, a domestic violence offense enumerated in RCW 10.99.020(2), a harassment offense enumerated in RCW 9A.46.060, or of a felony in which a firearm was used or displayed, except as otherwise provided in subsection (3) or (4) of this section;
(b) After having previously been convicted of any felony violation of the uniform controlled substances act, chapter 69.50 RCW, or equivalent statutes of another jurisdiction, except as otherwise provided in subsection (3) or (4) of this section;
(c) After having previously been convicted on three occasions within five years of driving a motor vehicle or operating a vessel while under the influence of intoxicating liquor or any drug, unless his or her right to possess a firearm has been restored as provided in section 404 of this act;
(d) After having previously been committed for mental health treatment, either voluntarily for a period exceeding fourteen continuous days, or involuntarily under RCW 71.05.320, 71.34.090, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to possess a firearm has been restored as provided in section 404 of this act; or
(e) If the person is under eighteen years of age, except as provided in section 403 of this act.
(2) Unlawful possession of a ((short)) firearm ((or pistol shall be punished as)) is a class C felony, punishable under chapter 9A.20 RCW.
(3) As used in this section, a person has been "convicted ((or adjudicated))" at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. A person shall not be precluded from possession of a firearm if the conviction ((or adjudication)) has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted ((or adjudicated)) or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.
(4) ((Except as provided in subsection (5) of this section, a person is guilty of the crime of unlawful possession of a short firearm or pistol if, after having been convicted or adjudicated of any felony violation of the uniform controlled substances act, chapter 69.50 RCW, or equivalent statutes of another jurisdiction, the person owns or has in his or her possession or under his or her control any short firearm or pistol.
(5))) Notwithstanding subsection (1) of this section, a person convicted of an offense other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401(a) and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from ((ownership,)) possession((, or control)) of a firearm as a result of the conviction.
(((6)(a) A person who has been committed by court order for treatment of mental illness under RCW 71.05.320 or chapter 10.77 RCW, or equivalent statutes of another jurisdiction, may not possess, in any manner, a firearm as defined in RCW 9.41.010.
(b) At the time of commitment, the court shall specifically state to the person under (a) of this subsection and give the person notice in writing that the person is barred from possession of firearms.
(c) The secretary of social and health services shall develop appropriate rules to create an approval process under this subsection. The rules must provide for the immediate restoration of the right to possess a firearm upon a showing in a court of competent jurisdiction that a person no longer is required to participate in an inpatient or outpatient treatment program, and is no longer required to take medication to treat any condition related to the commitment. Unlawful possession of a firearm under this subsection shall be punished as a class C felony under chapter 9A.20 RCW.))
(5) In addition to any other penalty provided for by law, if a person under the age of eighteen years is found by a court to have possessed a firearm in a vehicle in violation of subsection (1) of this section or to have committed an offense while armed with a firearm during which offense a motor vehicle served an integral function, the court shall notify the department of licensing within twenty-four hours and the person's privilege to drive shall be revoked under RCW 46.20.265.
NEW SECTION. Sec. 403. A new section is added to chapter 9.41 RCW to read as follows:
RCW 9.41.040(1)(e) shall not apply to any person under the age of eighteen years who is:
(1) In attendance at a hunter's safety course or a firearms safety course;
(2) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;
(3) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;
(4) Hunting or trapping under a valid license issued to the person under Title 77 RCW;
(5) In an area where the discharge of a firearm is permitted, is not trespassing, and the person either: (a) Is at least fourteen years of age, has been issued a hunter safety certificate, and is using a lawful firearm other than a pistol; or (b) is under the supervision of a parent, guardian, or other adult approved for the purpose by the parent or guardian;
(6) Traveling with any unloaded firearm in the person's possession to or from any activity described in subsection (1), (2), (3), (4), or (5) of this section;
(7) On real property under the control of his or her parent, other relative, or legal guardian and who has the permission of the parent or legal guardian to possess a firearm;
(8) At his or her residence and who, with the permission of his or her parent or legal guardian, possesses a firearm for the purpose of exercising the rights specified in RCW 9A.16.020(3); or
(9) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty.
NEW SECTION. Sec. 404. A new section is added to chapter 9.41 RCW to read as follows:
(1)(a) At the time a person is convicted of an offense making the person ineligible to possess a firearm, or at the time a person is committed by court order under RCW 71.05.320, 71.34.090, or chapter 10.77 RCW for mental health treatment, the convicting or committing court shall notify the person, orally and in writing, that the person may not possess a firearm unless his or her right to do so is restored by a court of record.
The convicting or committing court also shall forward a copy of the person's driver's license or identicard, or comparable information, to the department of licensing, along with the date of conviction or commitment.
(b) Upon the expiration of fourteen days of treatment of a person voluntarily committed, if the period of voluntary commitment is to continue, the institution, hospital, or sanitarium shall notify the person, orally and in writing, that the person may not possess a firearm unless his or her right to do so is restored by a court of record.
Following fourteen continuous days of treatment, the institution, hospital, or sanitarium also shall forward a copy of the person's driver's license or identicard, or comparable information, to the department of licensing, along with the date of voluntary commitment.
(2) Upon receipt of the information provided for by subsection (1) of this section, the department of licensing shall determine if the convicted or committed person has a concealed pistol license. If the person does have a concealed pistol license, the department of licensing shall immediately notify the license-issuing authority.
(3) A person who is prohibited from possessing a firearm by reason of having previously been convicted on three occasions of driving a motor vehicle or operating a vessel while under the influence of intoxicating liquor or any drug may, after five continuous years without further conviction for any alcohol-related offense, petition a court of record to have his or her right to possess a firearm restored.
(4)(a) A person who is prohibited from possessing a firearm, by reason of having been either:
(i) Voluntarily committed for mental health treatment for a period exceeding fourteen continuous days; or
(ii) Involuntarily committed for mental health treatment under RCW 71.05.320, 71.34.090, chapter 10.77 RCW, or equivalent statutes of another jurisdiction,
may, upon discharge, petition a court of record to have his or her right to possess a firearm restored.
(b) At a minimum, a petition under this subsection (4) shall include the following:
(i) The fact, date, and place of commitment;
(ii) The place of treatment;
(iii) The fact and date of release from commitment;
(iv) A certified copy of the most recent order, if one exists, of commitment, with the findings of fact and conclusions of law; and
(v) A statement by the person that he or she is no longer required to participate in an inpatient or outpatient treatment program, is no longer required to take medication to treat any condition related to the commitment, and does not present a substantial danger to himself or herself, to others, or to the public safety.
(c) A person petitioning the court under this subsection (4) shall bear the burden of proving by a preponderance of the evidence that the circumstances resulting in the commitment no longer exist and are not reasonably likely to recur.
Sec. 405. RCW 9.41.050 and 1982 1st ex.s. c 47 s 3 are each amended to read as follows:
(1) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed ((weapon)) pistol.
(2) ((A person who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.
(3))) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed ((weapon)) pistol and: (a) The pistol is on the licensee's person, (b) the licensee is within the vehicle at all times that the pistol is there, or (c) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.
(3) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.
(4) Except as otherwise provided in this chapter, no person may carry a firearm unless it is unloaded and enclosed in an opaque case or secure wrapper or the person is:
(a) Licensed under RCW 9.41.070 to carry a concealed pistol;
(b) In attendance at a hunter's safety course or a firearms safety course;
(c) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;
(d) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;
(e) Hunting or trapping under a valid license issued to the person under Title 77 RCW;
(f) In an area where the discharge of a firearm is permitted, and is not trespassing;
(g) Traveling with any unloaded firearm in the person's possession to or from any activity described in (b), (c), (d), (e), or (f) of this subsection, except as provided in (h) of this subsection;
(h) Traveling in a motor vehicle with a firearm, other than a pistol, that is unloaded and locked in the trunk or other compartment of the vehicle, secured in a gun rack, or otherwise secured in place in a vehicle;
(i) On real property under the control of the person or a relative of the person;
(j) At his or her residence;
(k) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty;
(l) Is a law enforcement officer; or
(m) Carrying a firearm from or to a vehicle for the purpose of taking or removing the firearm to or from a place of business for repair.
(5) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.
(6) Any city, town, or county may enact an ordinance to exempt itself from the prohibition of subsection (4) of this section.
Sec. 406. RCW 9.41.060 and 1961 c 124 s 5 are each amended to read as follows:
The provisions of RCW 9.41.050 shall not apply to:
(1) Marshals, sheriffs, prison or jail wardens or their deputies, ((policemen)) or other law enforcement officers((, or to));
(2) Members of the ((army, navy or marine corps)) armed forces of the United States or of the national guard or organized reserves, when on duty((, or to));
(3) Officers or employees of the United States duly authorized to carry a concealed pistol;
(4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;
(5) Regularly enrolled members of any organization duly authorized to purchase or receive ((such weapons)) pistols from the United States or from this state((, or to));
(6) Regularly enrolled members of clubs organized for the purpose of target shooting ((or)), when those members are at or are going to or from their places of target practice;
(7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting ((or to)), when those members are at or are going to or from their collector's gun shows and exhibits;
(8) Individual hunters((: PROVIDED, Such members are at, or are going to or from their places of target practice, or their collector's gun shows and exhibits, or are on a hunting, camping or fishing trip, or to officers or employees of the United States duly authorized to carry a concealed pistol, or to any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent or representative of any such person having in his possession, using, or carrying a pistol in the usual or ordinary course of such business, or to)) when on a hunting, camping, or fishing trip; or
(9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper ((from the place of purchase to his home or place of business or to a place of repair or back to his home or place of business or in moving from one place of abode or business to another)).
Sec. 407. RCW 9.41.070 and 1992 c 168 s 1 are each amended to read as follows:
(1) The judge of a court of record, the chief of police of a municipality, or the sheriff of a county, shall within thirty days after the filing of an application of any person issue a license to such person to carry a pistol concealed on his or her person within this state for four years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. The issuing authority shall not refuse to accept completed applications for concealed pistol licenses during regular business hours.
((Such)) The applicant's constitutional right to bear arms shall not be denied, unless he or she:
(a) Is ineligible to ((own a pistol)) possess a firearm under the provisions of RCW 9.41.040; ((or))
(b) Is under twenty-one years of age; ((or))
(c) Is subject to a court order or injunction regarding firearms pursuant to RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, ((or)) 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070; ((or))
(d) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a ((crime of violence)) serious offense; ((or))
(e) Has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; ((or))
(f) Has been ordered to forfeit a firearm under RCW 9.41.098(1)(d) within one year before filing an application to carry a pistol concealed on his or her person; or
(g)(i) Has been convicted of any ((of the following offenses: Assault in the third degree, indecent liberties, malicious mischief in the first degree, possession of stolen property in the first or second degree, or theft in the first or second degree. Any)) crime against a child or other person listed in RCW 43.43.830(5).
(ii) Except as provided in (g)(iii) of this subsection, any person who becomes ineligible for a concealed pistol ((permit)) license as a result of a conviction for a crime listed in ((this subsection (1)))(g)(i) of this subsection and then successfully completes all terms of his or her sentence, as evidenced by a certificate of discharge issued under RCW 9.94A.220 in the case of a sentence under chapter 9.94A RCW, and has not again been convicted of any crime and is not under indictment for any crime, may, one year or longer after such successful sentence completion, petition ((the district)) a court of record for a declaration that the person is no longer ineligible for a concealed pistol ((permit)) license under ((this subsection (1)))(g)(i) of this subsection.
(iii) No person convicted of a serious offense as defined in RCW 9.41.010 may have his or her right to possess firearms restored, unless the person has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c), or RCW 9.41.040 (3) or (4) applies.
(2) The issuing authority shall check with the national crime information center, the Washington state patrol electronic data base, the department of social and health services electronic data base, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 to possess a pistol and therefore ineligible for a concealed pistol license. This subsection applies whether the applicant is applying for a new concealed pistol license or to renew a concealed pistol license.
(3) Any person whose firearms rights have been restricted and who has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20)(A) shall have his or her right to acquire, receive, transfer, ship, transport, carry, and possess firearms in accordance with Washington state law restored except as otherwise prohibited by this chapter.
(((3) The license shall be revoked by the issuing authority immediately upon conviction of a crime which makes such a person ineligible to own a pistol or upon the third conviction for a violation of this chapter within five calendar years.
(4) Upon an order to forfeit a firearm under RCW 9.41.098(1)(d) the issuing authority shall:
(a) On the first forfeiture, revoke the license for one year;
(b) On the second forfeiture, revoke the license for two years;
(c) On the third or subsequent forfeiture, revoke the license for five years.
Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)(d) may not reapply for a new license until the end of the revocation period. The issuing authority shall notify, in writing, the department of licensing upon revocation of a license. The department of licensing shall record the revocation.
(5))) (4) The license application shall be in triplicate, in form to be prescribed by the department of licensing, and shall bear the full name, street address, ((and)) date and place of birth, race, gender, description, fingerprints, and signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. A signed application for a concealed pistol license shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release information relevant to the applicant's eligibility for a concealed pistol license to an inquiring court or law enforcement agency.
The license application shall contain a warning substantially as follows:
CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.
The license application shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law. The application shall contain questions about the applicant's eligibility under RCW 9.41.040 to possess a pistol, the applicant's place of birth, whether the applicant is a United States citizen, ((and if not a citizen whether the applicant has declared the intent to become a citizen)) and whether he or she has been required to register with the state or federal government and any identification or registration number, if applicable. The applicant shall not be required to produce a birth certificate or other evidence of citizenship. ((An applicant who is not a citizen shall provide documentation showing resident alien status and the applicant's intent to become a citizen. A person who makes a false statement regarding citizenship on the application is guilty of a misdemeanor.)) A person who is not a citizen of the United States((, or has not declared his or her intention to become a citizen)) shall meet the additional requirements of RCW 9.41.170.
The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent by registered mail to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing ((said)) the license.
The department of licensing shall make available to law enforcement and corrections agencies, in an on-line format, all information received under this subsection.
(((6))) (5) The fee for the original issuance of a four-year license shall be ((twenty-three)) fifty dollars((: PROVIDED, That)). No other ((additional charges by any)) branch or unit of government ((shall be borne by)) may impose any additional charges on the applicant for the issuance of the license((: PROVIDED FURTHER, That)).
The fee shall be distributed as follows:
(a) ((Four)) Fifteen dollars shall be paid to the state general fund;
(b) ((Four)) Ten dollars shall be paid to the agency taking the fingerprints of the person licensed;
(c) ((Twelve)) Fifteen dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and
(d) ((Three)) Ten dollars to the firearms range account in the general fund.
(((7))) (6) The fee for the renewal of such license shall be ((fifteen)) fifty dollars((: PROVIDED, That)). No other ((additional charges by any)) branch or unit of government ((shall be borne by)) may impose any additional charges on the applicant for the renewal of the license((: PROVIDED FURTHER, That)).
The renewal fee shall be distributed as follows:
(a) ((Four)) Twenty dollars shall be paid to the state general fund;
(b) ((Eight)) Twenty dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and
(c) ((Three)) Ten dollars to the firearms range account in the general fund.
(((8))) (7) Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the issuing authority.
(((9))) (8) A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty of ((ten)) twenty dollars in addition to the renewal fee specified in subsection (((7))) (6) of this section. The fee shall be distributed as follows:
(a) ((Three)) Ten dollars shall be deposited in the state wildlife fund and used exclusively for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law. The pamphlet shall be given to each applicant for a license; and
(b) ((Seven)) Ten dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.
(((10))) (9) Notwithstanding the requirements of subsections (1) through (((9))) (8) of this section, the chief of police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section.
(((11))) (10) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section. ((A civil suit may be brought to enjoin a wrongful refusal to issue a license or a wrongful modification of the requirements of this section or chapter. The civil suit may be brought in the county in which the application was made or in Thurston county at the discretion of the petitioner. Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded costs, including reasonable attorneys' fees, incurred in connection with such legal action.))
(11) A person who knowingly makes a false statement regarding citizenship or identity on an application for a concealed pistol license is guilty of false swearing under RCW 9A.72.040. In addition to any other penalty provided for by law, the concealed pistol license of a person who knowingly makes a false statement shall be revoked, and the person shall be permanently ineligible for a concealed pistol license.
(12) A person may apply for a concealed pistol license:
(a) To the municipality or to the county in which the applicant resides if the applicant resides in a municipality;
(b) To the county in which the applicant resides if the applicant resides in an unincorporated area; or
(c) Anywhere in the state if the applicant is a nonresident.
NEW SECTION. Sec. 408. A new section is added to chapter 9.41 RCW to read as follows:
(1) The license shall be revoked by the license-issuing authority immediately upon:
(a) Discovery by the issuing authority that the person was ineligible under RCW 9.41.070 for a concealed pistol license when applying for the license or license renewal;
(b) Conviction of the licensee of an offense, or commitment of the licensee for mental health treatment, that makes a person ineligible under RCW 9.41.040 to possess a firearm;
(c) Conviction of the licensee for a third violation of this chapter within five calendar years; or
(d) An order that the licensee forfeit a firearm under RCW 9.41.098(1)(d).
(2)(a) Unless the person may lawfully possess a pistol without a concealed pistol license, an ineligible person to whom a concealed pistol license was issued shall, within fourteen days of license revocation, lawfully transfer ownership of any pistol acquired while the person was in possession of the license.
(b) Upon discovering a person issued a concealed pistol license was ineligible for the license, the issuing authority shall contact the department of licensing to determine whether the person purchased a pistol while in possession of the license. If the person did purchase a pistol while in possession of the concealed pistol license, if the person may not lawfully possess a pistol without a concealed pistol license, the issuing authority shall require the person to present satisfactory evidence of having lawfully transferred ownership of the pistol. The issuing authority shall require the person to produce the evidence within fifteen days of the revocation of the license.
(3) When a licensee is ordered to forfeit a firearm under RCW 9.41.098(1)(d), the issuing authority shall:
(a) On the first forfeiture, revoke the license for one year;
(b) On the second forfeiture, revoke the license for two years; or
(c) On the third or subsequent forfeiture, revoke the license for five years.
Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)(d) may not reapply for a new license until the end of the revocation period.
(4) The issuing authority shall notify, in writing, the department of licensing of the revocation of a license. The department of licensing shall record the revocation.
Sec. 409. RCW 9.41.080 and 1935 c 172 s 8 are each amended to read as follows:
No person ((shall)) may deliver a ((pistol)) firearm to any person ((under the age of twenty-one or to one who he has reasonable cause to believe has been convicted of a crime of violence, or is a drug addict, an habitual drunkard, or of unsound mind)) whom he or she has reasonable cause to believe is ineligible under RCW 9.41.040 to possess a firearm. Any person violating this section is guilty of a class C felony, punishable under chapter 9A.20 RCW.
Sec. 410. RCW 9.41.090 and 1988 c 36 s 2 are each amended to read as follows:
(1) In addition to the other requirements of this chapter, no ((commercial seller shall)) dealer may deliver a pistol to the purchaser thereof until:
(a) The purchaser produces a valid concealed pistol license and the ((commercial seller)) dealer has recorded the purchaser's name, license number, and issuing agency, such record to be made in triplicate and processed as provided in subsection (((4))) (5) of this section; ((or))
(b) The ((seller)) dealer is notified in writing by the chief of police ((of the municipality)) or the sheriff of the ((county)) jurisdiction in which the purchaser resides that the purchaser ((meets the requirements of)) is eligible to possess a pistol under RCW 9.41.040 and that the application to purchase is ((granted)) approved by the chief of police or sheriff; or
(c) Five ((consecutive)) business days ((including Saturday, Sunday and holidays)), meaning days on which state offices are open, have elapsed from the time of receipt of the application for the purchase thereof as provided herein by the chief of police or sheriff designated in subsection (((4))) (5) of this section, and, when delivered, ((said)) the pistol shall be securely wrapped and shall be unloaded. However, if the purchaser does not have a valid permanent Washington driver's license or state identification card or has not been a resident of the state for the previous consecutive ninety days, the waiting period under this subsection (1)(c) shall be up to sixty days.
(2)(a) Except as provided in (b) of this subsection, in determining whether the purchaser meets the requirements of RCW 9.41.040, the chief of police or sheriff, or the designee of either, shall check with the national crime information center, the Washington state patrol electronic data base, the department of social and health services electronic data base, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 to possess a firearm.
(b) Once the system is established, a dealer shall use the national instant criminal background check system, provided for by the Brady Handgun Control Act (H.R. 1025, 103rd Cong., 1st Sess. (1993)), to make criminal background checks of applicants to purchase firearms. However, a chief of police or sheriff, or a designee of either, shall continue to check the department of social and health services' electronic data base and with other agencies or resources as appropriate, to determine whether applicants are ineligible under RCW 9.41.040 to possess a firearm.
(3) In any case under subsection (1)(c) of this section where the applicant has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor, the ((seller)) dealer shall hold the delivery of the pistol until the warrant for arrest is served and satisfied by appropriate court appearance. The local jurisdiction for purposes of the sale shall confirm the existence of outstanding warrants within seventy-two hours after notification of the application to purchase a pistol is received. The local jurisdiction shall also immediately confirm the satisfaction of the warrant on request of the ((seller)) dealer so that the hold may be released if the warrant was for ((a crime other than a crime of violence)) an offense other than an offense making a person ineligible under RCW 9.41.040 to possess a pistol.
(((3))) (4) In any case where the chief or sheriff of the local jurisdiction has reasonable grounds based on the following circumstances: (a) Open criminal charges, (b) pending criminal proceedings, (c) pending commitment proceedings, (d) an outstanding warrant for ((a crime of violence, or (e) an arrest for a crime of violence)) an offense making a person ineligible under RCW 9.41.040 to possess a pistol, or (e) an arrest for an offense making a person ineligible under RCW 9.41.040 to possess a pistol, if the records of disposition have not yet been reported or entered sufficiently to determine eligibility to purchase a pistol, the local jurisdiction may hold the sale and delivery of the pistol beyond five days up to thirty days in order to confirm existing records in this state or elsewhere. After thirty days, the hold will be lifted unless an extension of the thirty days is approved by a local district court or municipal court for good cause shown. An applicant shall be notified of each hold placed on the sale by local law enforcement and of any application to the court for additional hold period to confirm records or confirm the identity of the applicant.
(((4))) (5) At the time of applying for the purchase of a pistol, the purchaser shall sign in triplicate and deliver to the ((seller)) dealer an application containing his or her full name, street address, date and place of birth, ((and)) race, and gender; the date and hour of the application; the applicant's driver's license number or state identification card number; ((and)) a description of the ((weapon)) pistol including((,)) the make, model, caliber and manufacturer's number; and a statement that the purchaser is eligible to ((own)) possess a pistol under RCW 9.41.040.
The application shall contain a warning substantially as follows:
CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. State permission to purchase a firearm is not a defense to a federal prosecution.
The purchaser shall be given a copy of the department of fish and wildlife pamphlet on the legal limits of the use of firearms, firearms safety, and the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law.
The ((seller)) dealer shall, by the end of the business day, sign and attach his or her address and deliver the original of the application and such other documentation as required under subsection (1) of this section to the chief of police of the municipality or the sheriff of the county of which the ((seller)) purchaser is a resident. The ((seller)) dealer shall deliver the pistol to the purchaser following the period of time specified in this section unless the ((seller)) dealer is notified in writing by the chief of police of the municipality or the sheriff of the county, whichever is applicable, denying the purchaser's application to purchase and the grounds thereof. The application shall not be denied unless the purchaser ((fails to meet the requirements specified in)) is not eligible to possess a pistol under RCW 9.41.040. ((The chief of police of the municipality or the county sheriff shall maintain a file containing the original of the application to purchase a pistol.))
The chief of police of the municipality or the sheriff of the county shall retain or destroy applications to purchase a pistol in accordance with the requirements of 18 U.S.C. Sec. 922.
(6) A person who knowingly makes a false statement regarding identity or eligibility requirements on the application to purchase a pistol is guilty of false swearing under RCW 9A.72.040.
(7) This section does not apply to sales to licensed dealers for resale or to the sale of antique firearms.
NEW SECTION. Sec. 411. A new section is added to chapter 9.41 RCW to read as follows:
A signed application to purchase a pistol shall constitute a waiver of confidentiality and written request that the department of social and health services, mental health institutions, and other health care facilities release, to an inquiring court or law enforcement agency, information relevant to the applicant's eligibility to purchase a pistol to an inquiring court or law enforcement agency.
Sec. 412. RCW 9.41.097 and 1983 c 232 s 5 are each amended to read as follows:
(1) The department of social and health services, mental health institutions, and other health care facilities shall, upon request of a court or law enforcement agency, supply such relevant information as is necessary to determine the eligibility of a person to possess a pistol or to be issued a concealed pistol license under RCW 9.41.070 or to purchase a pistol under RCW 9.41.090. ((Such information shall be used exclusively for the purposes specified in this section and shall not be made available for public inspection except by the person who is the subject of the information.))
(2) Mental health information received by: (a) The department of licensing pursuant to section 404 of this act or RCW 9.41.170; (b) an issuing authority pursuant to section 404 of this act or RCW 9.41.070; (c) a chief of police or sheriff pursuant to RCW 9.41.090 or 9.41.170; (d) a court or law enforcement agency pursuant to subsection (1) of this section, shall not be disclosed except as provided in RCW 42.17.318.
NEW SECTION. Sec. 413. A new section is added to chapter 9.41 RCW to follow RCW 9.41.097 to read as follows:
(1) The state, local governmental entities, any public or private agency, and the employees of any state or local governmental entity or public or private agency, acting in good faith, are immune from liability:
(a) For failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful;
(b) For preventing the sale or transfer of a firearm to a person who may lawfully receive or possess a firearm;
(c) For issuing a concealed pistol license to a person ineligible for such a license;
(d) For failing to issue a concealed pistol license to a person eligible for such a license;
(e) For revoking or failing to revoke an issued concealed pistol license; or
(f) For errors in preparing or transmitting information as part of determining a person's eligibility to receive or possess a firearm, or eligibility for a concealed pistol license.
(2) An application may be made to a court of competent jurisdiction for a writ of mandamus:
(a) Directing an issuing agency to issue a concealed pistol license wrongfully refused;
(b) Directing a law enforcement agency to approve an application to purchase wrongfully denied; or
(c) Directing that erroneous information resulting either in the wrongful refusal to issue a concealed pistol license or in the wrongful denial of a purchase application be corrected.
The application for the writ may be made in the county in which the application for a concealed pistol license or to purchase a pistol was made, or in Thurston county, at the discretion of the petitioner. A court shall provide an expedited hearing for an application brought under this subsection (2) for a writ of mandamus. A person granted a writ of mandamus under this subsection (2) shall be awarded reasonable attorneys' fees and costs.
Sec. 414. RCW 9.41.098 and 1993 c 243 s 1 are each amended to read as follows:
(1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:
(a) Found concealed on a person not authorized by RCW 9.41.060 or 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee;
(b) Commercially sold to any person without an application as required by RCW 9.41.090;
(c) Found in the possession of a person prohibited from possessing the firearm under RCW 9.41.040;
(d) Found in the possession or under the control of a person at the time the person committed or was arrested for committing a ((crime of violence)) serious offense or a crime in which a firearm was used or displayed or a felony violation of the Uniform Controlled Substances Act, chapter 69.50 RCW;
(((d))) (e) Found concealed on a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, ((having 0.10 grams or more of alcohol per two hundred ten liters of breath or 0.10 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's breath, blood, or other bodily substance)) as defined in chapter 46.61 RCW;
(((e) Found in the possession of a person prohibited from possessing the firearm under RCW 9.41.040;))
(f) Found in the possession of a person free on bail or personal recognizance pending trial, appeal, or sentencing for a ((crime of violence)) serious offense or a crime in which a firearm was used or displayed, except that violations of Title 77 RCW shall not result in forfeiture under this section;
(g) Found in the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 RCW;
(h) Known to have been used or displayed by a person in the violation of a proper written order of a court of general jurisdiction; or
(i) Known to have been used in the commission of a ((crime of violence)) serious offense or a crime in which a firearm was used or displayed or a felony violation of the ((Uniformed [Uniform])) Uniform Controlled Substances Act, chapter 69.50 RCW.
(2) Upon order of forfeiture, the court in its discretion ((shall)) may order destruction of any forfeited firearm ((that is illegal for any person to possess)). A court may temporarily retain forfeited firearms needed for evidence.
(a) Except as provided in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially forfeited and no longer needed for evidence; or (ii) forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010; may be disposed of in any manner determined by the local legislative authority. Any proceeds of an auction or trade may be retained by the legislative authority. This subsection (2)(a) applies only to firearms that come into the possession of the law enforcement agency after June 30, 1993, and applies only if the law enforcement agency has complied with (b) of this subsection.
By midnight, June 30, 1993, every law enforcement agency shall prepare an inventory, under oath, of every firearm that has been judicially forfeited, has been seized and may be subject to judicial forfeiture, or that has been, or may be, forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010.
(b) Except as provided in (c) of this subsection, of the inventoried firearms a law enforcement agency shall destroy illegal firearms, may retain a maximum of ten percent of legal forfeited firearms for agency use, and shall either:
(i) Comply with the provisions for the auction of firearms in RCW 9.41.098 that were in effect immediately preceding May 7, 1993; or
(ii) Trade, auction, or arrange for the auction of, rifles and shotguns. In addition, the law enforcement agency shall either trade, auction, or arrange for the auction of, short firearms, or shall pay a fee of twenty-five dollars to the state treasurer for every short firearm neither auctioned nor traded, to a maximum of fifty thousand dollars. The fees shall be accompanied by an inventory, under oath, of every short firearm listed in the inventory required by (a) of this subsection, that has been neither traded nor auctioned. The state treasurer shall credit the fees to the firearms range account established in RCW 77.12.720. All trades or auctions of firearms under this subsection shall be to ((commercial sellers)) licensed dealers. Proceeds of any auction less costs, including actual costs of storage and sale, shall be forwarded to the firearms range account established in RCW 77.12.720.
(c) Antique firearms ((as defined by RCW 9.41.150)) and firearms recognized as curios, relics, and firearms of particular historical significance by the United States treasury department bureau of alcohol, tobacco, and firearms are exempt from destruction and shall be disposed of by auction or trade to ((commercial sellers)) licensed dealers.
(d) Firearms in the possession of the Washington state patrol on or after May 7, 1993, that are judicially forfeited and no longer needed for evidence, or forfeited due to a failure to make a claim under RCW 63.35.020, must be disposed of as follows: (i) Firearms illegal for any person to possess must be destroyed; (ii) the Washington state patrol may retain a maximum of ten percent of legal firearms for agency use; and (iii) all other legal firearms must be auctioned or traded to ((commercial sellers)) licensed dealers. The Washington state patrol may retain any proceeds of an auction or trade.
(3) The court shall order the firearm returned to the owner upon a showing that there is no probable cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture.
(4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as provided in subsection (1) of this section; or (c) to the owner if the proceedings are dismissed or as directed in subsection (3) of this section.
Sec. 415. RCW 9.41.100 and 1935 c 172 s 10 are each amended to read as follows:
((No retail)) Every dealer shall ((sell or otherwise transfer, or expose for sale or transfer, or have in his possession with intent to sell, or otherwise transfer, any pistol without being)) be licensed as ((hereinafter)) provided in RCW 9.41.110 and shall register with the department of revenue as provided in chapters 82.04 and 82.32 RCW.
Sec. 416. RCW 9.41.110 and 1979 c 158 s 2 are each amended to read as follows:
(1) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any pistol without being licensed as provided in this section.
(2) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any firearm other than a pistol without being licensed as provided in this section.
(3) No dealer may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell, or otherwise transfer, any ammunition without being licensed as provided in this section.
(4) The duly constituted licensing authorities of any city, town, or political subdivision of this state shall grant licenses in forms prescribed by the director of licensing effective for not more than one year from the date of issue permitting the licensee to sell ((pistols)) firearms within this state subject to the following conditions, for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in RCW 9.41.010 through 9.41.160 (as recodified by this act). A licensing authority shall forward a copy of each license granted to the department of licensing. The department of licensing shall notify the department of revenue of the name and address of each dealer licensed under this section.
(5)(a) A licensing authority shall, within thirty days after the filing of an application of any person for a dealer's license, determine whether to grant the license. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card, or has not been a resident of the state for the previous consecutive ninety days, the licensing authority shall have up to sixty days to determine whether to issue a license. No person shall qualify for a license under this section without first receiving a federal firearms license and undergoing fingerprinting and a background check. In addition, no person ineligible to possess a firearm under RCW 9.41.040 or ineligible for a concealed pistol license under RCW 9.41.070 shall qualify for a dealer's license.
(b) A dealer shall require every employee who may sell a firearm in the course of his or her employment to undergo fingerprinting and a background check. An employee must be eligible to possess a firearm, and must not have been convicted of a crime that would make the person ineligible for a concealed pistol license, before being permitted to sell a firearm. Every employee shall comply with requirements concerning purchase applications and restrictions on delivery of pistols that are applicable to dealers.
(((1))) (6)(a) Except as otherwise provided in (b) of this subsection, the business shall be carried on only in the building designated in the license. For the purpose of this section, advertising firearms for sale shall not be considered the carrying on of business.
(((2))) (b) A dealer may conduct business temporarily at a location other than the building designated in the license, if the temporary location is within Washington state and is the location of a gun show sponsored by a national, state, or local organization, or an affiliate of any such organization, devoted to the collection, competitive use, or other sporting use of firearms in the community. Nothing in this subsection (6)(b) authorizes a dealer to conduct business in or from a motorized or towed vehicle.
In conducting business temporarily at a location other than the building designated in the license, the dealer shall comply with all other requirements imposed on dealers by RCW 9.41.090, 9.41.100, and 9.41.110. The license of a dealer who fails to comply with the requirements of RCW 9.41.080 and 9.41.090 and subsection (8) of this section while conducting business at a temporary location shall be revoked, and the dealer shall be permanently ineligible for a dealer's license.
(7) The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises in the area where firearms are sold, or at the temporary location, where it can easily be read.
(((3))) (8)(a) No pistol ((shall)) may be sold (((a))): (i) In violation of any provisions of RCW 9.41.010 through 9.41.160((,)) (as recodified by this act); nor (((b) shall)) (ii) may a pistol be sold under any circumstances unless the purchaser is personally known to the ((seller)) dealer or shall present clear evidence of his or her identity.
(((4))) (b) A dealer who sells or delivers any firearm in violation of RCW 9.41.080 is guilty of a class C felony. In addition to any other penalty provided for by law, the dealer is subject to mandatory permanent revocation of his or her dealer's license and permanent ineligibility for a dealer's license.
(c) The license fee for pistols shall be one hundred twenty-five dollars. The license fee for firearms other than pistols shall be one hundred twenty-five dollars. The license fee for ammunition shall be one hundred twenty-five dollars. Any dealer who obtains any license under subsection (1), (2), or (3) of this section may also obtain the remaining licenses without payment of any fee. The fees received under this section shall be deposited in the account under RCW 69.50.520.
(9)(a) A true record in triplicate shall be made of every pistol sold, in a book kept for the purpose, the form of which may be prescribed by the director of licensing and shall be personally signed by the purchaser and by the person effecting the sale, each in the presence of the other, and shall contain the date of sale, the caliber, make, model and manufacturer's number of the weapon, the name, address, occupation, ((color)) and place of birth of the purchaser and a statement signed by the purchaser that he ((has never been convicted in this state or elsewhere of a crime of violence)) or she is not ineligible under RCW 9.41.040 to possess a firearm.
(b) One copy shall within six hours be sent by ((registered)) certified mail to the chief of police of the municipality or the sheriff of the county of which the ((dealer)) purchaser is a resident; the duplicate the dealer shall within seven days send to the director of licensing; the triplicate the dealer shall retain for six years.
(((5))) (10) Subsections (2) through (9) of this section shall not apply to sales at wholesale.
(((6))) (11) The dealer's licenses authorized to be issued by this section are general licenses covering all sales by the licensee within the effective period of the licenses. The department shall provide a single application form for dealer's licenses and a single license form which shall indicate the type or types of licenses granted.
(((7))) (12) Except as provided in RCW 9.41.090 ((as now or hereinafter amended)), every city, town, and political subdivision of this state is prohibited from requiring the purchaser to secure a permit to purchase or from requiring the dealer to secure an individual permit for each sale.
((The fee paid for issuing said license shall be five dollars which fee shall be paid into the state treasury.))
NEW SECTION. Sec. 417. A new section is added to chapter 9.41 RCW to read as follows:
The department of licensing may keep copies or records of applications for concealed pistol licenses provided for in RCW 9.41.070, copies or records of applications for alien firearm licenses, copies or records of applications to purchase pistols provided for in RCW 9.41.090, and copies or records of pistol transfers provided for in RCW 9.41.110. The copies and records shall not be disclosed except as provided in RCW 42.17.318.
NEW SECTION. Sec. 418. A new section is added to chapter 9.41 RCW to read as follows:
(1) At least once every twelve months, the department of licensing shall obtain a list of dealers licensed under 18 U.S.C. Sec. 923(a) with business premises in the state of Washington from the United States bureau of alcohol, tobacco, and firearms. The department of licensing shall verify that all dealers on the list provided by the bureau of alcohol, tobacco, and firearms are licensed and registered as required by RCW 9.41.100.
(2) At least once every twelve months, the department of licensing shall obtain from the department of revenue and the department of revenue shall transmit to the department of licensing a list of dealers registered with the department of revenue whose gross proceeds of sales are below the reporting threshold provided in RCW 82.04.300, and a list of dealers whose names and addresses were forwarded to the department of revenue by the department of licensing under RCW 9.41.110, who failed to register with the department of revenue as required by RCW 9.41.100.
(3) At least once every twelve months, the department of licensing shall notify the bureau of alcohol, tobacco, and firearms of all dealers licensed under 18 U.S.C. Sec. 923(a) with business premises in the state of Washington who have not complied with the licensing or registration requirements of RCW 9.41.100, or whose gross proceeds of sales are below the reporting threshold provided in RCW 82.04.300. In notifying the bureau of alcohol, tobacco, and firearms, the department of licensing shall not specify whether a particular dealer has failed to comply with licensing requirements, has failed to comply with registration requirements, or has gross proceeds of sales below the reporting threshold.
Sec. 419. RCW 9.41.140 and 1961 c 124 s 10 are each amended to read as follows:
No person ((shall)) may change, alter, remove, or obliterate the name of the maker, model, manufacturer's number, or other mark of identification on any ((pistol)) firearm. Possession of any ((pistol)) firearm upon which any such mark shall have been changed, altered, removed, or obliterated, shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same. This section shall not apply to replacement barrels in old ((revolvers)) firearms, which barrels are produced by current manufacturers and therefor do not have the markings on the barrels of the original manufacturers who are no longer in business. This section also shall not apply if the changes do not make the firearm illegal for the person to possess under state or federal law.
Sec. 420. RCW 9.41.190 and 1982 1st ex.s. c 47 s 2 are each amended to read as follows:
(1) It is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, short-barreled shotgun, or short-barreled rifle; or any part ((thereof capable of use)) designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle; or ((assembling)) to assemble or ((repairing)) repair any machine gun((: PROVIDED, HOWEVER, That such limitation)), short-barreled shotgun, or short-barreled rifle.
(2) This section shall not apply to:
(a) Any peace officer in the discharge of official duty or traveling to or from official duty, or to any officer or member of the armed forces of the United States or the state of Washington((: PROVIDED FURTHER, That this section does not apply to)) in the discharge of official duty or traveling to or from official duty; or
(b) A person, including an employee of such person if the employee has undergone fingerprinting and a background check, who or which is exempt from or licensed under ((the National Firearms Act (26 U.S.C. section 5801 et seq.))) federal law, and engaged in the production, manufacture, repair, or testing of ((weapons or equipment to be used or purchased by the armed forces of the United States, and having a United States government industrial security clearance.)) machine guns, short-barreled shotguns, or short-barreled rifles:
(i) To be used or purchased by the armed forces of the United States;
(ii) To be used or purchased by federal, state, county, or municipal law enforcement agencies; or
(iii) For exportation in compliance with all applicable federal laws and regulations.
(3) It shall be an affirmative defense to a prosecution brought under this section that the machine gun, short-barreled shotgun, or short-barreled rifle was acquired prior to the effective date of this section and is possessed in compliance with federal law.
(4) Any person violating this section is guilty of a class C felony.
Sec. 421. RCW 9.41.220 and 1933 c 64 s 4 are each amended to read as follows:
All machine guns, short-barreled shotguns, or short-barreled rifles, or ((parts thereof)) any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle, illegally held or illegally possessed are hereby declared to be contraband, and it shall be the duty of all peace officers, and/or any officer or member of the armed forces of the United States or the state of Washington, to seize said machine gun, short-barreled shotgun, or short-barreled rifle, or parts thereof, wherever and whenever found.
Sec. 422. RCW 9.41.230 and 1909 c 249 s 307 are each amended to read as follows:
((Every)) (1) For conduct not amounting to a violation of chapter 9A.36 RCW, any person who ((shall)):
(a) Aims any ((gun, pistol, revolver or other)) firearm, whether loaded or not, at or towards any human being((, or who shall));
(b) Willfully discharges any firearm, air gun, or other weapon, or throws any deadly missile in a public place, or in any place where any person might be endangered thereby((, although no injury result, shall be)). A public place shall not include any location at which firearms are authorized to be lawfully discharged; or
(c) Except as provided in RCW 9.41.185, sets a so-called trap, spring pistol, rifle, or other dangerous weapon,
although no injury results, is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) If an injury results from a violation of subsection (1) of this section, the person violating subsection (1) of this section shall be subject to the applicable provisions of chapters 9A.32 and 9A.36 RCW.
Sec. 423. RCW 9.41.240 and 1971 c 34 s 1 are each amended to read as follows:
((No minor under the age of fourteen years shall handle or have in his possession or under his control, except while accompanied by or under the immediate charge of his parent or guardian or other adult approved for the purpose of this section by the parent or guardian, or while under the supervision of a certified safety instructor at an established gun range or firearm training class, any firearm of any kind for hunting or target practice or for other purposes. Every person violating any of the foregoing provisions, or aiding or knowingly permitting any such minor to violate the same, shall be guilty of a misdemeanor.))
Unless an exception under section 403 of this act or RCW 9.41.050 or 9.41.060 applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:
(1) In the person's place of abode;
(2) At the person's fixed place of business; or
(3) On real property under his or her control.
Sec. 424. RCW 9.41.250 and 1959 c 143 s 1 are each amended to read as follows:
Every person who ((shall)):
(1) Manufactures, sells, or disposes of or ((have in his possession)) possesses any instrument or weapon of the kind usually known as slung shot, sand club, or metal knuckles, or spring blade knife, or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement; ((who shall))
(2) Furtively ((carry)) carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or ((who shall))
(3) Uses any contrivance or device for suppressing the noise of any firearm, ((shall be))
is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
Sec. 425. RCW 9.41.260 and 1909 c 249 s 283 are each amended to read as follows:
Every proprietor, lessee, or occupant of any place of amusement, or any plat of ground or building, who ((shall)) allows it to be used for the exhibition of skill in throwing any sharp instrument or in shooting any bow gun((, pistol)) or firearm of any description, at or toward any human being, ((shall be)) is guilty of a misdemeanor punishable under chapter 9A.20 RCW.
Sec. 426. RCW 9.41.270 and 1969 c 8 s 1 are each amended to read as follows:
(1) It shall be unlawful for ((anyone)) any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
(2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
(3) Subsection (1) of this section shall not apply to or affect the following:
(a) Any act committed by a person while in his or her place of abode or fixed place of business;
(b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;
(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;
(d) Any person making or assisting in making a lawful arrest for the commission of a felony; or
(e) Any person engaged in military activities sponsored by the federal or state governments.
Sec. 427. RCW 9.41.280 and 1993 c 347 s 1 are each amended to read as follows:
(1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:
(a) Any firearm; ((or))
(b) Any other dangerous weapon as defined in RCW 9.41.250; ((or))
(c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; ((or))
(d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; or
(e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas.
(2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1)(a) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. However, any violation of subsection (1)(a) of this section by an elementary or secondary school student shall result in expulsion for an indefinite period of time in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding any allegation or indication of such violation.
(3) Subsection (1) of this section does not apply to:
(a) Any student or employee of a private military academy when on the property of the academy;
(b) Any person engaged in military, law enforcement, or school district security activities;
(c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;
(d) ((Any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises;
(e))) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;
(((f))) (e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;
(((g))) (f) Any ((person)) nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;
(((h))) (g) Any ((person)) nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or
(((i))) (h) Any law enforcement officer of the federal, state, or local government agency.
(4) Subsections (1) (c) and (d) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.
(5) Except as provided in subsection (3)(b), (c), (((e))) (f), and (((i))) (h) of this section, firearms are not permitted in a public or private school building.
(((5))) (6) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.
Sec. 428. RCW 9.41.290 and 1985 c 428 s 1 are each amended to read as follows:
The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same ((or lesser)) penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
Sec. 429. RCW 9.41.300 and 1993 c 396 s 1 are each amended to read as follows:
(1) It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a weapon:
(a) The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (i) arrested for, charged with, or convicted of an offense, (ii) ((charged with being or adjudicated to be a juvenile offender as defined in RCW 13.40.020, (iii))) held for extradition or as a material witness, or (((iv))) (iii) otherwise confined pursuant to an order of a court, except an order under chapter 13.32A or 13.34 RCW. Restricted access areas do not include common areas of egress or ingress open to the general public;
(b) Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection (1)(b).
In addition, the local legislative authority shall provide either a stationary locked box sufficient in size for ((short firearms)) pistols and key to a weapon owner for weapon storage, or shall designate an official to receive weapons for safekeeping, during the owner's visit to restricted areas of the building. The locked box or designated official shall be located within the same building used in connection with court proceedings. The local legislative authority shall be liable for any negligence causing damage to or loss of a weapon either placed in a locked box or left with an official during the owner's visit to restricted areas of the building.
The local judicial authority shall designate and clearly mark those areas where weapons are prohibited, and shall post notices at each entrance to the building of the prohibition against weapons in the restricted areas;
(c) The restricted access areas of a public mental health facility certified by the department of social and health services for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted access areas do not include common areas of egress and ingress open to the general public; or
(d) That portion of an establishment classified by the state liquor control board as off-limits to persons under twenty-one years of age.
(2) ((Notwithstanding RCW 9.41.290,)) Cities, towns, counties, and other municipalities may enact laws and ordinances:
(a) Restricting the discharge of firearms in any portion of their respective jurisdictions where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. Such laws and ordinances shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others; and
(b) Restricting the possession of firearms in any stadium or convention center, operated by a city, town, county, or other municipality, except that such restrictions shall not apply to:
(i) Any ((firearm)) pistol in the possession of a person licensed under RCW 9.41.070 or exempt from the licensing requirement by RCW 9.41.060; or
(ii) Any showing, demonstration, or lecture involving the exhibition of firearms.
(3)(a) Cities, towns, and counties may enact ordinances restricting the areas in their respective jurisdictions in which firearms may be sold, but, except as provided in (b) of this subsection, a business selling firearms may not be treated more restrictively than other businesses located within the same zone. An ordinance requiring the cessation of business within a zone shall not have a shorter grandfather period for businesses selling firearms than for any other businesses within the zone.
(b) Cities, towns, and counties may restrict the location of a business selling firearms to not less than five hundred feet from primary or secondary school grounds, if the business has a storefront, has hours during which it is open for business, and posts advertisements or signs observable to passersby that firearms are available for sale. A business selling firearms that exists as of the date a restriction is enacted under this subsection (3)(b) shall be grandfathered according to existing law.
(4) Violations of local ordinances adopted under subsection (2) of this section must have the same penalty as provided for by state law.
(5) The perimeter of the premises of any specific location covered by subsection (1) of this section shall be posted at reasonable intervals to alert the public as to the existence of any law restricting the possession of firearms on the premises.
(((4))) (6) Subsection (1) of this section does not apply to:
(a) A person engaged in military activities sponsored by the federal or state governments, while engaged in official duties;
(b) Law enforcement personnel; or
(c) Security personnel while engaged in official duties.
(((5))) (7) Subsection (1)(a) of this section does not apply to a person licensed pursuant to RCW 9.41.070 who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises or checks his or her firearm. The person may reclaim the firearms upon leaving but must immediately and directly depart from the place or facility.
(((6))) (8) Subsection (1)(c) of this section does not apply to any administrator or employee of the facility or to any person who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises.
(((7))) (9) Subsection (1)(d) of this section does not apply to the proprietor of the premises or his or her employees while engaged in their employment.
(((8))) (10) Any person violating subsection (1) of this section is guilty of a gross misdemeanor.
(((9))) (11) "Weapon" as used in this section means any firearm, explosive as defined in RCW 70.74.010, or instrument or weapon listed in RCW 9.41.250.
NEW SECTION. Sec. 430. A new section is added to chapter 9.41 RCW to read as follows:
(1) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070 shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a serious offense, or previously committed any offense that makes him or her ineligible to possess a firearm under the provisions of RCW 9.41.040:
(a) Require the party to surrender any firearm or other dangerous weapon;
(b) Require the party to surrender any concealed pistol license issued under RCW 9.41.070;
(c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
(d) Prohibit the party from obtaining or possessing a concealed pistol license.
(2) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070 may, upon a showing by a preponderance of the evidence but not by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a serious offense, or previously committed any offense that makes him or her ineligible to possess a pistol under the provisions of RCW 9.41.040:
(a) Require the party to surrender any firearm or other dangerous weapon;
(b) Require the party to surrender a concealed pistol license issued under RCW 9.41.070;
(c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
(d) Prohibit the party from obtaining or possessing a concealed pistol license.
(3) The court may order temporary surrender of a firearm or other dangerous weapon without notice to the other party if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury could result if an order is not issued until the time for response has elapsed.
(4) In addition to the provisions of subsections (1), (2), and (3) of this section, the court may enter an order requiring a party to comply with the provisions in subsection (1) of this section if it finds that the possession of a firearm or other dangerous weapon by any party presents a serious and imminent threat to public health or safety, or to the health or safety of any individual.
(5) The requirements of subsections (1), (2), and (4) of this section may be for a period of time less than the duration of the order.
(6) The court may require the party to surrender any firearm or other dangerous weapon in his or her immediate possession or control or subject to his or her immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court.
NEW SECTION. Sec. 431. A new section is added to chapter 9.41 RCW to read as follows:
A local governmental entity as defined by RCW 4.96.010(2) may close a firearm range training and practice facility only if the local governmental entity replaces the closed facility with another firearm range training and practice facility of at least equal capacity. A local governmental entity may close more than one firearm range training and practice facility and replace the closed facilities with a single firearm range training and practice facility, if the capacity of the replacement facility is at least as large as the combined capacities of the closed facilities.
A replacement firearm range training and practice facility must be open for use within thirty days of the closure of the replaced facility or facilities. Further, a replacement firearm range training and practice facility must be available for use by law enforcement personnel or the general public to the same extent as the replaced facility or facilities.
NEW SECTION. Sec. 432. A new section is added to chapter 9A.56 RCW to read as follows:
(1) A person is guilty of theft of a firearm if the person:
(a) Commits a theft of a firearm; or
(b) Possesses, sells, or delivers a stolen firearm.
(2) This section applies regardless of the stolen firearm's value.
(3) "Possession, sale, or delivery of a stolen firearm" as used in this section has the same meaning as "possessing stolen property" in RCW 9A.56.140.
(4) Theft of a firearm is a class C felony.
Sec. 433. RCW 9A.56.040 and 1987 c 140 s 2 are each amended to read as follows:
(1) A person is guilty of theft in the second degree if he or she commits theft of:
(a) Property or services which exceed(s) two hundred and fifty dollars in value, but does not exceed one thousand five hundred dollars in value; or
(b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; or
(c) An access device; or
(d) A motor vehicle, of a value less than one thousand five hundred dollars((; or
(e) A firearm, of a value less than one thousand five hundred dollars)).
(2) Theft in the second degree is a class C felony.
Sec. 434. RCW 9A.56.160 and 1987 c 140 s 4 are each amended to read as follows:
(1) A person is guilty of possessing stolen property in the second degree if:
(a) He or she possesses stolen property which exceeds two hundred fifty dollars in value but does not exceed one thousand five hundred dollars in value; or
(b) He or she possesses a stolen public record, writing or instrument kept, filed, or deposited according to law; or
(c) He or she possesses a stolen access device; or
(d) He or she possesses a stolen motor vehicle of a value less than one thousand five hundred dollars((; or
(e) He possesses a stolen firearm)).
(2) Possessing stolen property in the second degree is a class C felony.
Sec. 435. RCW 13.40.265 and 1989 c 271 s 116 are each amended to read as follows:
(1)(a) If a juvenile thirteen years of age or older is found by juvenile court to have committed an offense while armed with a firearm or an offense that is a violation of RCW 9.41.040(1)(e) or chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.
(b) Except as otherwise provided in (c) of this subsection, upon petition of a juvenile who has been found by the court to have committed an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court may at any time the court deems appropriate notify the department of licensing that the juvenile's driving privileges should be reinstated.
(c) If the offense is the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered, whichever is later. If the offense is the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the date the juvenile turns seventeen or one year after the date judgment was entered, whichever is later.
(2)(a) If a juvenile enters into a diversion agreement with a diversion unit pursuant to RCW 13.40.080 concerning an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the diversion unit shall notify the department of licensing within twenty-four hours after the diversion agreement is signed.
(b) If a diversion unit has notified the department pursuant to (a) of this subsection, the diversion unit shall notify the department of licensing when the juvenile has completed the agreement.
Sec. 436. RCW 13.64.060 and 1993 c 294 s 6 are each amended to read as follows:
(1) An emancipated minor shall be considered to have the power and capacity of an adult, except as provided in subsection (2) of this section. A minor shall be considered emancipated for the purposes of, but not limited to:
(a) The termination of parental obligations of financial support, care, supervision, and any other obligation the parent may have by virtue of the parent-child relationship, including obligations imposed because of marital dissolution;
(b) The right to sue or be sued in his or her own name;
(c) The right to retain his or her own earnings;
(d) The right to establish a separate residence or domicile;
(e) The right to enter into nonvoidable contracts;
(f) The right to act autonomously, and with the power and capacity of an adult, in all business relationships, including but not limited to property transactions;
(g) The right to work, and earn a living, subject only to the health and safety regulations designed to protect those under age of majority regardless of their legal status; and
(h) The right to give informed consent for receiving health care services.
(2) An emancipated minor shall not be considered an adult for: (a) The purposes of the adult criminal laws of the state unless the decline of jurisdiction procedures contained in RCW 13.40.110 are used or the minor is tried in criminal court pursuant to RCW 13.04.030(1)(e)(iv); (b) the criminal laws of the state when the emancipated minor is a victim and the age of the victim is an element of the offense; or (c) those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, possession of firearms, and other health and safety regulations relevant to the minor because of the minor's age.
Sec. 437. RCW 26.28.080 and 1987 c 250 s 2 and 1987 c 204 s 1 are each reenacted and amended to read as follows:
Every person who((:
(1) Shall admit to or allow to remain in any concert saloon, or in any place owned, kept, or managed by him or her where intoxicating liquors are sold, given away or disposed of--except a restaurant or dining room, any person under the age of eighteen years; or,
(2) Shall admit to, or allow to remain in any public pool or billiard hall, or in any place of entertainment injurious to health or morals, owned, kept or managed by him or her, any person under the age of eighteen years; or,
(3) Shall suffer or permit any such person to play any game of skill or chance, in any such place, or in any place adjacent thereto, or to be or remain therein, or admit or allow to remain in any reputed house of prostitution or assignation, or in any place where opium or any preparation thereof, is smoked, or where any narcotic drug is used, any persons under the age of eighteen years; or,
(4) Shall)) sells or gives, or permits to be sold or given to any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form((; or
(5) Shall sell, or give, or permit to be sold or given to any person under the age of eighteen years, any revolver or pistol;
Shall be)) is guilty of a gross misdemeanor.
It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.
Sec. 438. RCW 42.17.318 and 1988 c 219 s 2 are each amended to read as follows:
((The license applications under RCW 9.41.070 are exempt from the disclosure requirements of this chapter. Copies of license applications or information on the applications may be released to law enforcement or corrections agencies.))
(1) Except as provided in subsection (3) of this section, the license applications under RCW 9.41.070, alien firearm license applications under RCW 9.41.170, purchase applications under RCW 9.41.090, and records of pistol sales under RCW 9.41.110 shall not be disclosed.
(2) Except as provided in subsection (3) of this section, information concerning mental health information received by: (a) The department of licensing, under section 404 of this act or RCW 9.41.170; (b) an authority that issues concealed pistol licenses, under section 404 of this act or RCW 9.41.070; (c) a law enforcement agency, under RCW 9.41.090 or 9.41.170; or (d) a court or law enforcement agency under RCW 9.41.097, shall not be disclosed.
(3)(a) Copies or records of applications for concealed pistol licenses, alien firearm licenses, or to purchase pistols, copies or records of pistol sales, and information on the applications or records may be released to law enforcement or corrections agencies or to the person who is the subject of the information. Information concerning mental health information may be released to law enforcement or corrections agencies. The person who is the subject of mental health information may seek disclosure of the information from the health care provider pursuant to chapter 70.02 RCW.
(b) Personally identifying information from applications for concealed pistol licenses, applications for alien firearm licenses, applications to purchase pistols, and records of pistol transfers, such as names, addresses (other than zip codes), and social security numbers, shall not be disclosed except as provided in (a) of this subsection. Information other than personally identifying information, concerning applications for concealed pistol licenses or to purchase pistols, or concerning records of pistol sales, may be disclosed to any person upon request.
Sec. 439. RCW 46.20.265 and 1991 c 260 s 1 are each amended to read as follows:
(1) In addition to any other authority to revoke driving privileges under this chapter, the department shall revoke all driving privileges of a juvenile when the department receives notice from a court pursuant to RCW 9.41.040(5), 13.40.265, 66.44.365, 69.41.065, 69.50.420, 69.52.070, or a substantially similar municipal ordinance adopted by a local legislative authority, or from a diversion unit pursuant to RCW 13.40.265. The revocation shall be imposed without hearing.
(2) The driving privileges of the juvenile revoked under subsection (1) of this section shall be revoked in the following manner:
(a) Upon receipt of the first notice, the department shall impose a revocation for one year, or until the juvenile reaches seventeen years of age, whichever is longer.
(b) Upon receipt of a second or subsequent notice, the department shall impose a revocation for two years or until the juvenile reaches eighteen years of age, whichever is longer.
(c) Each offense for which the department receives notice shall result in a separate period of revocation. All periods of revocation imposed under this section that could otherwise overlap shall run consecutively and no period of revocation imposed under this section shall begin before the expiration of all other periods of revocation imposed under this section or other law.
(3) If the department receives notice from a court that the juvenile's privilege to drive should be reinstated, the department shall immediately reinstate any driving privileges that have been revoked under this section.
(4)(a) If the department receives notice pursuant to RCW 13.40.265(2)(b) from a diversion unit that a juvenile has completed a diversion agreement for which the juvenile's driving privileges were revoked, the department shall reinstate any driving privileges revoked under this section as provided in (b) of this subsection.
(b) If the diversion agreement was for the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of ninety days after the date the juvenile turns sixteen or ninety days after the juvenile entered into a diversion agreement for the offense. If the diversion agreement was for the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of the date the juvenile turns seventeen or one year after the juvenile entered into the second or subsequent diversion agreement.
Sec. 440. RCW 71.05.450 and 1973 1st ex.s. c 142 s 50 are each amended to read as follows:
Competency shall not be determined or withdrawn by operation of, or under the provisions of this chapter. Except as chapter 9.41 RCW may limit the right of a person to purchase or possess a firearm or to qualify for a concealed pistol license, no person shall be presumed incompetent or lose any civil rights as a consequence of receiving evaluation or treatment for mental disorder, either voluntarily or involuntarily, or certification or commitment pursuant to this chapter or any prior laws of this state dealing with mental illness. Any person who leaves a public or private agency following evaluation or treatment for mental disorder shall be given a written statement setting forth the substance of this section.
Sec. 441. RCW 71.12.560 and 1974 ex.s. c 145 s 1 are each amended to read as follows:
The person in charge of any private institution, hospital, or sanitarium which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill or deranged may receive therein as a voluntary patient any person suffering from mental illness or derangement who is a suitable person for care and treatment in the institution, hospital, or sanitarium, who voluntarily makes a written application to the person in charge for admission into the institution, hospital or sanitarium. ((After six months of continuous inpatient treatment as a voluntary)) At the expiration of fourteen continuous days of treatment of a patient voluntarily committed in a private institution, hospital, or sanitarium, if the period of voluntary commitment is to continue, the person in charge shall forward to the office of the department of social and health services a record of the voluntary patient showing the name, residence, ((age)) date of birth, sex, place of birth, occupation, social security number, marital status, date of admission to the institution, hospital, or sanitarium, and such other information as may be required by rule of the department of social and health services.
Sec. 442. RCW 72.23.080 and 1959 c 28 s 72.23.080 are each amended to read as follows:
Any person received and detained in a state hospital ((pursuant to RCW 72.23.070 shall be)) under chapter 71.34 RCW is deemed a voluntary patient and, except as chapter 9.41 RCW may limit the right of a person to purchase or possess a firearm or to qualify for a concealed pistol license, shall not suffer a loss of legal competency by reason of his or her application and admission. Upon the admission of a voluntary patient to a state hospital the superintendent shall immediately forward to the department the record of such patient showing the name, address, sex, ((age)) date of birth, place of birth, occupation, social security number, date of admission, name of nearest relative, and such other information as the department may from time to time require.
Sec. 443. RCW 77.12.720 and 1990 c 195 s 2 are each amended to read as follows:
The firearms range account is hereby created in the state general fund. ((Any funds remaining in the firearm range account established by RCW 77.12.195, at the time of its repeal by section 7, chapter 195, Laws of 1990, shall be transferred to the firearms range account established in this section.)) Moneys in the account shall be subject to legislative appropriation and shall be used for purchase and development of land, construction or improvement of range facilities, including fixed structure construction or remodeling, equipment purchase, safety or environmental improvements, noise abatement, and liability protection for public and nonprofit firearm range training and practice facilities.
Grant funds shall not be used for expendable shooting supplies, or normal operating expenses. Grant funds shall not supplant funds for other organization programs.
The funds will be available to nonprofit shooting organizations, school districts, and state, county, or local governments on a match basis. All ((ranges)) entities receiving matching funds must be open on a regular basis and usable by law enforcement personnel or the general public who possess Washington concealed ((carry permits)) pistol licenses or Washington hunting licenses or who are enrolled in a firearm safety class.
Applicants for a grant from the firearms range account shall provide matching funds in either cash or in-kind contributions. The match must represent one dollar in value for each one dollar of the grant. In-kind contributions include but are not limited to labor, materials, and new property. Existing assets and existing development may not apply to the match.
Applicants other than school districts or local or state government must be registered as a nonprofit or not-for-profit organization with the Washington secretary of state and the United States internal revenue service. The organization's articles of incorporation must contain provisions for the organization's structure, officers, legal address, and registered agent.
Organizations requesting grants must provide the hours of range availability for public and law enforcement use. The fee structure will be submitted with the grant application.
Any nonprofit organization or agency accepting a grant under this program will be required to pay back the entire grant amount to the firearms range account if the use of the range facility is discontinued less than ten years after the grant is accepted.
((Facilities)) Entities receiving grants must ((be)) make the facilities for which grant funding is received open for hunter safety education classes and firearm safety classes on a regular basis for no fee.
Government units or school districts applying for grants must open their range facility on a regular basis for hunter safety education ((training)) classes and firearm safety classes.
The interagency committee for outdoor recreation shall adopt rules to implement ((this act)) chapter 195, Laws of 1990, pursuant to chapter 34.05 RCW.
Sec. 444. RCW 77.16.290 and 1980 c 78 s 95 are each amended to read as follows:
((While on duty within their respective jurisdictions,)) Law enforcement officers authorized to carry firearms are exempt from RCW 77.16.250 and 77.16.260.
Sec. 445. RCW 82.04.300 and 1993 sp.s. c 25 s 205 are each amended to read as follows:
This chapter shall apply to any person engaging in any business activity taxable under RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255, 82.04.260, 82.04.270, 82.04.280, and 82.04.290 other than those whose value of products, gross proceeds of sales, or gross income of the business is less than one thousand dollars per month: PROVIDED, That where one person engages in more than one business activity and the combined measures of the tax applicable to such businesses equal or exceed one thousand dollars per month, no exemption or deduction from the amount of tax is allowed by this section.
A person who is a dealer as defined by RCW 9.41.010 is required to file returns even though no tax may by due. Any other person claiming exemption under the provisions of this section may be required, according to rules adopted by the department, to file returns even though no tax may be due. The department of revenue may allow exemptions, by general rule or regulation, in those instances in which quarterly, semiannual, or annual returns are permitted. Exemptions for such periods shall be equivalent in amount to the total of exemptions for each month of a reporting period.
Sec. 446. RCW 82.32.030 and 1992 c 206 s 8 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, if any person engages in any business or performs any act upon which a tax is imposed by the preceding chapters, he or she shall, under such rules as the department of revenue shall prescribe, apply for and obtain from the department a registration certificate upon payment of fifteen dollars. Such registration certificate shall be personal and nontransferable and shall be valid as long as the taxpayer continues in business and pays the tax accrued to the state. In case business is transacted at two or more separate places by one taxpayer, a separate registration certificate for each place at which business is transacted with the public shall be required, but, for such additional certificates no additional payment shall be required. Each certificate shall be numbered and shall show the name, residence, and place and character of business of the taxpayer and such other information as the department of revenue deems necessary and shall be posted in a conspicuous place at the place of business for which it is issued. Where a place of business of the taxpayer is changed, the taxpayer must return to the department the existing certificate, and a new certificate will be issued for the new place of business free of charge. No person required to be registered under this section shall engage in any business taxable hereunder without first being so registered. The department, by rule, may provide for the issuance of certificates of registration, without requiring payment, to temporary places of business or to persons who are exempt from tax under RCW 82.04.300.
(2) Unless the person is a dealer as defined in RCW 9.41.010, registration under this section is not required if the following conditions are met:
(a) A person's value of products, gross proceeds of sales, or gross income of the business is below the tax reporting threshold provided in RCW 82.04.300;
(b) The person is not required to collect or pay to the department of revenue any other tax which the department is authorized to collect; and
(c) The person is not otherwise required to obtain a license subject to the master application procedure provided in chapter 19.02 RCW.
Sec. 447. RCW 9A.46.050 and 1985 c 288 s 5 are each amended to read as follows:
A defendant who is charged by citation, complaint, or information with an offense involving harassment and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information. At that appearance, the court shall determine the necessity of imposing a no-contact or no-harassment order, and consider the provisions of section 430 of this act, or other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment.
Sec. 448. RCW 10.14.080 and 1992 c 143 s 11 are each amended to read as follows:
(1) Upon filing a petition for a civil antiharassment protection order under this chapter, the petitioner may obtain an ex parte temporary antiharassment protection order. An ex parte temporary antiharassment protection order may be granted with or without notice upon the filing of an affidavit which, to the satisfaction of the court, shows reasonable proof of unlawful harassment of the petitioner by the respondent and that great or irreparable harm will result to the petitioner if the temporary antiharassment protection order is not granted.
(2) An ex parte temporary antiharassment protection order shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 10.14.085. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication is permitted. Except as provided in RCW 10.14.070 and 10.14.085, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.
(3) At the hearing, if the court finds by a preponderance of the evidence that unlawful harassment exists, a civil antiharassment protection order shall issue prohibiting such unlawful harassment.
(4) An order issued under this chapter shall be effective for not more than one year unless the court finds that the respondent is likely to resume unlawful harassment of the petitioner when the order expires. If so, the court may enter an order for a fixed time exceeding one year or may enter a permanent antiharassment protection order. The court shall not enter an order that is effective for more than one year if the order restrains the respondent from contacting the respondent's minor children. If the petitioner seeks relief for a period longer than one year on behalf of the respondent's minor children, the court shall advise the petitioner that the petitioner may apply for renewal of the order as provided in this chapter or if appropriate may seek relief pursuant to chapter 26.09 or 26.10 RCW.
(5) At any time within the three months before the expiration of the order, the petitioner may apply for a renewal of the order by filing a petition for renewal. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal, the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 10.14.085, personal service shall be made upon the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided by RCW 10.14.085. If the court permits service by publication, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in this section. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume harassment of the petitioner when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in subsection (4) of this section.
(6) The court, in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection order, shall have broad discretion to grant such relief as the court deems proper, including an order:
(a) Restraining the respondent from making any attempts to contact the petitioner;
(b) Restraining the respondent from making any attempts to keep the petitioner under surveillance; ((and))
(c) Requiring the respondent to stay a stated distance from the petitioner's residence and workplace; and
(d) Considering the provisions of section 430 of this act.
(7) A petitioner may not obtain an ex parte temporary antiharassment protection order against a respondent if the petitioner has previously obtained two such ex parte orders against the same respondent but has failed to obtain the issuance of a civil antiharassment protection order unless good cause for such failure can be shown.
(8) The court order shall specify the date an order issued pursuant to subsections (4) and (5) of this section expires if any. The court order shall also state whether the court issued the protection order following personal service or service by publication and whether the court has approved service by publication of an order issued under this section.
Sec. 449. RCW 10.99.040 and 1992 c 86 s 2 are each amended to read as follows:
(1) Because of the serious nature of domestic violence, the court in domestic violence actions:
(a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;
(b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;
(c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to his or her client the victim's location; and
(d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.
(2) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim. In issuing the order, the court shall consider the provisions of section 430 of this act. The no-contact order shall also be issued in writing as soon as possible. ((If the court has probable cause to believe that the person charged or arrested is likely to use or display or threaten to use a deadly weapon as defined in RCW 9A.04.110 in any further acts of violence, the court may also require that person to surrender any deadly weapon in that person's immediate possession or control, or subject to that person's immediate possession or control, to the sheriff of the county or chief of police of the municipality in which that person resides or to the defendant's counsel for safekeeping.))
(3) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring.
(4)(a) Willful violation of a court order issued under subsection (2) or (3) of this section is a misdemeanor. Upon conviction and in addition to other penalties provided by law, the court may require that the defendant submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court also may include a requirement that the defendant pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.
(b) Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony punishable under chapter 9A.20 RCW, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony punishable under chapter 9A.20 RCW.
(c) The written order releasing the person charged or arrested shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 10.99 RCW and will subject a violator to arrest; any assault or reckless endangerment that is a violation of this order is a felony. A certified copy of the order shall be provided to the victim. If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. Such orders need not be entered into the computer information system in this state which is used by law enforcement agencies to list outstanding warrants.
(5) Whenever an order prohibiting contact is issued, modified, or terminated under subsection (2) or (3) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year or until the expiration date specified on the order into any computer information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.
Sec. 450. RCW 10.99.045 and 1984 c 263 s 23 are each amended to read as follows:
(1) A defendant arrested for an offense involving domestic violence as defined by RCW 10.99.020(2) shall be required to appear in person before a magistrate within one judicial day after the arrest.
(2) A defendant who is charged by citation, complaint, or information with an offense involving domestic violence as defined by RCW 10.99.020(2) and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.
(3) At the time of the appearances provided in subsection (1) or (2) of this section, the court shall determine the necessity of imposing a no contact order or other conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment. ((If the court has probable cause to believe that the defendant is likely to use or display or threaten to use a deadly weapon as defined in RCW 9A.04.110 in any further acts of violence, as one of the conditions of pretrial release, the court may require the defendant to surrender any deadly weapon in the defendant's immediate possession or control, or subject to the defendant's immediate possession or control, to the sheriff of the county or chief of police of the municipality in which the defendant resides or to the defendant's counsel for safekeeping. The decision of the judge and findings of fact in support thereof shall be in writing.)) The court may include in the order any conditions authorized under section 430 of this act.
(4) Appearances required pursuant to this section are mandatory and cannot be waived.
(5) The no-contact order shall be issued and entered with the appropriate law enforcement agency pursuant to the procedures outlined in RCW 10.99.040 (2) and (4).
Sec. 451. RCW 26.09.050 and 1989 c 375 s 29 are each amended to read as follows:
In entering a decree of dissolution of marriage, legal separation, or declaration of invalidity, the court shall determine the marital status of the parties, make provision for a parenting plan for any minor child of the marriage, make provision for the support of any child of the marriage entitled to support, consider or approve provision for the maintenance of either spouse, make provision for the disposition of property and liabilities of the parties, make provision for the allocation of the children as federal tax exemptions, make provision for any necessary continuing restraining orders including the provisions contained in section 430 of this act, and make provision for the change of name of any party.
Sec. 452. RCW 26.09.060 and 1992 c 229 s 9 are each amended to read as follows:
(1) In a proceeding for:
(a) Dissolution of marriage, legal separation, or a declaration of invalidity; or
(b) Disposition of property or liabilities, maintenance, or support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse; either party may move for temporary maintenance or for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.
(2) As a part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:
(a) Transferring, removing, encumbering, concealing, or in any way disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained or enjoined, requiring him or her to notify the moving party of any proposed extraordinary expenditures made after the order is issued;
(b) Molesting or disturbing the peace of the other party or of any child ((and, upon a showing by clear and convincing evidence that the party so restrained or enjoined has used or displayed or threatened to use a deadly weapon as defined in RCW 9A.04.110 in an act of violence or has previously committed acts of domestic violence and is likely to use or display or threaten to use a deadly weapon in an act of domestic violence, requiring the party to surrender any deadly weapon in his immediate possession or control or subject to his immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court. The court may order temporary surrender of deadly weapons without notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for response has elapsed));
(c) Entering the family home or the home of the other party upon a showing of the necessity therefor;
(d) Removing a child from the jurisdiction of the court.
(3) In issuing the order, the court shall consider the provisions of section 430 of this act.
(4) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.
(((4))) (5) The court may issue a temporary restraining order or preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are just and proper in the circumstances. The court may in its discretion waive the filing of the bond or the posting of security.
(((5))) (6) Restraining orders issued under this section restraining the person from molesting or disturbing another party or from entering a party's home shall bear the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.09 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(((6))) (7) The court may order that any temporary restraining order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.
(((7))) (8) A temporary order, temporary restraining order, or preliminary injunction:
(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified;
(c) Terminates when the final decree is entered, except as provided under subsection (((8))) (9) of this section, or when the petition for dissolution, legal separation, or declaration of invalidity is dismissed;
(d) May be entered in a proceeding for the modification of an existing decree.
(((8))) (9) Delinquent support payments accrued under an order for temporary support remain collectible and are not extinguished when a final decree is entered unless the decree contains specific language to the contrary. A support debt under a temporary order owed to the state for public assistance expenditures shall not be extinguished by the final decree if:
(a) The obligor was given notice of the state's interest under chapter 74.20A RCW; or
(b) The temporary order directs the obligor to make support payments to the office of support enforcement or the Washington state support registry.
Sec. 453. RCW 26.10.040 and 1989 c 375 s 31 are each amended to read as follows:
In entering an order under this chapter, the court shall consider, approve, or make provision for:
(1) Child custody, visitation, and the support of any child entitled to support;
(2) The allocation of the children as a federal tax exemption; and
(3) Any necessary continuing restraining orders, including the provisions contained in section 430 of this act.
Sec. 454. RCW 26.10.115 and 1989 c 375 s 32 are each amended to read as follows:
(1) In a proceeding under this chapter either party may file a motion for temporary support of children entitled to support. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amount requested.
(2) In a proceeding under this chapter either party may file a motion for a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any person from:
(a) Molesting or disturbing the peace of the other party or of any child ((and, upon a showing by clear and convincing evidence that the party so restrained or enjoined has used or displayed or threatened to use a deadly weapon as defined in RCW 9A.04.110 in an act of violence or has previously committed acts of domestic violence and is likely to use or display or threaten to use a deadly weapon in an act of domestic violence, requiring the party to surrender any deadly weapon in his immediate possession or control or subject to his immediate possession or control to the sheriff of the county having jurisdiction of the proceeding or to the restrained or enjoined party's counsel or to any person designated by the court. The court may order temporary surrender of deadly weapons without notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for response has elapsed));
(b) Entering the family home or the home of the other party upon a showing of the necessity therefor;
(c) Removing a child from the jurisdiction of the court.
(3) In issuing the order, the court shall consider the provisions of section 430 of this act.
(4) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.
(((4))) (5) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances.
(((5))) (6) Restraining orders issued under this section restraining the person from molesting or disturbing another party or from entering a party's home shall bear the legend: VIOLATION OF THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER 26.10 RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(((6))) (7) The court may order that any temporary restraining order granted under this section be forwarded by the clerk of the court on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in the state.
(((7))) (8) A temporary order, temporary restraining order, or preliminary injunction:
(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified;
(c) Terminates when the final order is entered or when the motion is dismissed;
(d) May be entered in a proceeding for the modification of an existing order.
(((8))) (9) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.
Sec. 455. RCW 26.26.130 and 1989 c 375 s 23 and 1989 c 360 s 18 are each reenacted and amended to read as follows:
(1) The judgment and order of the court determining the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.
(2) If the judgment and order of the court is at variance with the child's birth certificate, the court shall order that an amended birth certificate be issued.
(3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the proceeding, concerning the duty of current and future support, the extent of any liability for past support furnished to the child if that issue is before the court, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child. The judgment and order may direct the father to pay the reasonable expenses of the mother's pregnancy and confinement. The judgment and order may include a continuing restraining order or injunction. In issuing the order, the court shall consider the provisions of section 430 of this act.
(4) Support judgment and orders shall be for periodic payments which may vary in amount. The court may limit the father's liability for the past support to the child to the proportion of the expenses already incurred as the court deems just. The court shall not limit or affect in any manner the right of nonparties including the state of Washington to seek reimbursement for support and other services previously furnished to the child.
(5) After considering all relevant factors, the court shall order either or both parents to pay an amount determined pursuant to the schedule and standards ((adopted under RCW 26.19.040)) contained in chapter 26.19 RCW.
(6) On the same basis as provided in chapter 26.09 RCW, the court shall make residential provisions with regard to minor children of the parties, except that a parenting plan shall not be required unless requested by a party.
(7) In any dispute between the natural parents of a child and a person or persons who have (a) commenced adoption proceedings or who have been granted an order of adoption, and (b) pursuant to a court order, or placement by the department of social and health services or by a licensed agency, have had actual custody of the child for a period of one year or more before court action is commenced by the natural parent or parents, the court shall consider the best welfare and interests of the child, including the child's need for situation stability, in determining the matter of custody, and the parent or person who is more fit shall have the superior right to custody.
Sec. 456. RCW 26.26.137 and 1983 1st ex.s. c 41 s 12 are each amended to read as follows:
(1) If the court has made a finding as to the paternity of a child, or if a party's acknowledgment of paternity has been filed with the court, or a party alleges he is the father of the child, any party may move for temporary support for the child prior to the date of entry of the final order. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.
(2) Any party may request the court to issue a temporary restraining order or preliminary injunction, providing relief proper in the circumstances, and restraining or enjoining any party from:
(a) Molesting or disturbing the peace of another party;
(b) Entering the home of another party; or
(c) Removing a child from the jurisdiction of the court.
(3) The court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.
(4) The court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances. In issuing the order, the court shall consider the provisions of section 430 of this act.
(5) A temporary order, temporary restraining order, or preliminary injunction:
(a) Does not prejudice the rights of a party or any child which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified;
(c) Terminates when the final order is entered or when the petition is dismissed; and
(d) May be entered in a proceeding for the modification of an existing order.
(6) A support debt owed to the state for public assistance expenditures which has been charged against a party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be merged in, or otherwise extinguished by, the final decree or order, unless the office of support enforcement has been given notice of the final proceeding and an opportunity to present its claim for the support debt to the court and has failed to file an affidavit as provided in this subsection. Notice of the proceeding shall be served upon the office of support enforcement personally, or by certified mail, and shall be given no fewer than thirty days prior to the date of the final proceeding. An original copy of the notice shall be filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may present its claim, and thereby preserve the support debt, by filing an affidavit setting forth the amount of the debt with the court, and by mailing a copy of the affidavit to the parties or their attorney prior to the date of the final proceeding.
Sec. 457. RCW 26.50.060 and 1992 c 143 s 2, 1992 c 111 s 4, and 1992 c 86 s 4 are each reenacted and amended to read as follows:
(1) Upon notice and after hearing, the court may provide relief as follows:
(a) Restrain the respondent from committing acts of domestic violence;
(b) Exclude the respondent from the dwelling which the parties share or from the residence of the petitioner;
(c) On the same basis as is provided in chapter 26.09 RCW, the court shall make residential provision with regard to minor children of the parties. However, parenting plans as specified in chapter 26.09 RCW shall not be required under this chapter;
(d) Order the respondent to participate in batterers' treatment;
(e) Order other relief as it deems necessary for the protection of the petitioner and other family or household members sought to be protected, including orders or directives to a peace officer, as allowed under this chapter;
(f) Require the respondent to pay the filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee. If the petitioner has been granted leave to proceed in forma pauperis, the court may require the respondent to pay the filing fee and costs, including services fees, to the county or municipality incurring the expense;
(g) Restrain the respondent from having any contact with the victim of domestic violence or the victim's children or members of the victim's household; ((and))
(h) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the respondent to pay for electronic monitoring; and
(i) Consider the provisions of section 430 of this act.
(2) Any relief granted by the order for protection, other than a judgment for costs, shall be for a fixed period not to exceed one year if the restraining order restrains the respondent from contacting the respondent's minor children. If the petitioner has petitioned for relief on his or her own behalf or on behalf of the petitioner's family or household members or minor children that are not also the respondent's minor children, and the court finds that the respondent is likely to resume acts of domestic violence against the petitioner or the petitioner's family or household members or minor children when the order expires, the court may either (a) grant relief for a fixed period not to exceed one year; (b) grant relief for a fixed period in excess of one year; or (c) enter a permanent order of protection.
If the petitioner has petitioned for relief on behalf of the respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a period beyond one year the petitioner may either petition for renewal pursuant to the provisions of this chapter or may seek relief pursuant to the provisions of chapter 26.09 RCW.
(3) If the court grants an order for a fixed time period, the petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order. Upon receipt of the petition for renewal the court shall order a hearing which shall be not later than fourteen days from the date of the order. Except as provided in RCW 26.50.085, personal service shall be made on the respondent not less than five days before the hearing. If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided in RCW 26.50.085. If the court permits service by publication, the court shall set the new hearing date not later than twenty-four days from the date of the order. If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in RCW 26.50.070. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume acts of domestic violence against the petitioner or the petitioner's children or family or household members when the order expires. The court may renew the protection order for another fixed time period or may enter a permanent order as provided in this section. The court may award court costs, service fees, and reasonable attorneys' fees as provided in subsection (1)(f) of this section.
(4) In providing relief under this chapter, the court may realign the designation of the parties as "petitioner" and "respondent" where the court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence and may issue an ex parte temporary order for protection in accordance with RCW 26.50.070 on behalf of the victim until the victim is able to prepare a petition for an order for protection in accordance with RCW 26.50.030.
(5) Except as provided in subsection (4) of this section, no order for protection shall grant relief to any party except upon notice to the respondent and hearing pursuant to a petition or counter-petition filed and served by the party seeking relief in accordance with RCW 26.50.050.
(6) The court order shall specify the date the order expires if any. The court order shall also state whether the court issued the protection order following personal service or service by publication and whether the court has approved service by publication of an order issued under this section.
Sec. 458. RCW 26.50.070 and 1992 c 143 s 3 are each amended to read as follows:
(1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court deems proper, including an order:
(a) Restraining any party from committing acts of domestic violence;
(b) Excluding any party from the dwelling shared or from the residence of the other until further order of the court;
(c) Restraining any party from interfering with the other's custody of the minor children or from removing the children from the jurisdiction of the court; ((and))
(d) Restraining any party from having any contact with the victim of domestic violence or the victim's children or members of the victim's household; and
(e) Considering the provisions of section 430 of this act.
(2) Irreparable injury under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence against the petitioner.
(3) The court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day.
(4) An ex parte temporary order for protection shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 26.50.085. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication is permitted. Except as provided in RCW 26.50.050 and 26.50.085, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.
NEW SECTION. Sec. 459. (1) RCW 19.70.010 and 19.70.020 are each recodified as sections in chapter 9.41 RCW.
(2) RCW 9.41.160 is recodified in chapter 9.41 RCW to follow RCW 9.41.310.
NEW SECTION. Sec. 460. The following acts or parts of acts are each repealed:
(1) RCW 9.41.030 and 1935 c 172 s 3;
(2) RCW 9.41.093 and 1969 ex.s. c 227 s 2;
(3) RCW 9.41.095 and 1969 ex.s. c 227 s 3;
(4) RCW 9.41.130 and 1935 c 172 s 13;
(5) RCW 9.41.150 and 1989 c 132 s 1, 1961 c 124 s 11, & 1935 c 172 s 15;
(6) RCW 9.41.180 and 1992 c 7 s 8 & 1909 c 249 s 266;
(7) RCW 9.41.200 and 1982 c 231 s 2 & 1933 c 64 s 2; and
(8) RCW 9.41.210 and 1933 c 64 s 3.
PART V. PUBLIC SAFETY
NEW SECTION. Sec. 501. A new section is added to chapter 74.13 RCW to read as follows:
The department of social and health services shall maintain a toll-free hotline to assist parents of runaway children. The hotline shall provide parents with a complete description of their rights when dealing with their runaway child.
NEW SECTION. Sec. 502. A new section is added to chapter 35.21 RCW to read as follows:
(1) Any city or town has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours.
(2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance.
NEW SECTION. Sec. 503. A new section is added to chapter 35A.11 RCW to read as follows:
(1) Any code city has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours.
(2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance.
NEW SECTION. Sec. 504. A new section is added to chapter 36.32 RCW to read as follows:
(1) The legislative authority of any county has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours.
(2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance.
Sec. 505. RCW 13.32A.050 and 1990 c 276 s 5 are each amended to read as follows:
A law enforcement officer shall take a child into custody:
(1) If a law enforcement agency has been contacted by the parent of the child that the child is absent from parental custody without consent; or
(2) If a law enforcement officer reasonably believes, considering the child's age, the location, and the time of day, that a child is in circumstances which constitute a danger to the child's safety or that a child is violating a local curfew ordinance; or
(3) If an agency legally charged with the supervision of a child has notified a law enforcement agency that the child has run away from placement; or
(4) If a law enforcement agency has been notified by the juvenile court that the court finds probable cause exists to believe that the child has violated a court placement order issued pursuant to chapter 13.32A RCW or that the court has issued an order for law enforcement pick-up of the child under this chapter.
Law enforcement custody shall not extend beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination.
An officer who takes a child into custody under this section and places the child in a designated crisis residential center shall inform the department of such placement within twenty-four hours.
(5) Nothing in this section affects the authority of any political subdivision to make regulations concerning the conduct of minors in public places by ordinance or other local law.
(6) If a law enforcement officer has a reasonable suspicion that a child is being unlawfully harbored under RCW 13.32A.080, the officer shall remove the child from the custody of the person harboring the child and shall transport the child to one of the locations specified in RCW 13.32A.060.
Sec. 506. RCW 13.32A.060 and 1985 c 257 s 8 are each amended to read as follows:
(1) An officer taking a child into custody under RCW 13.32A.050 (1) or (2) shall inform the child of the reason for such custody and shall either:
(a) Transport the child to his or her home. The officer releasing a child into the custody of the parent shall inform the parent of the reason for the taking of the child into custody and shall inform the child and the parent of the nature and location of appropriate services available in their community; or
(b) Take the child to the home of an adult extended family member, a designated crisis residential center, or the home of a responsible adult after attempting to notify the parent or legal guardian:
(i) If the child ((evinces)) expresses fear or distress at the prospect of being returned to his or her home((; or
(ii) If the officer believes)) which leads the officer to believe there is a possibility that the child is experiencing in the home some type of child abuse or neglect, as defined in RCW 26.44.020, as now law or hereafter amended; or
(((iii))) (ii) If it is not practical to transport the child to his or her home; or
(((iv))) (iii) If there is no parent available to accept custody of the child.
The officer releasing a child into the custody of an extended family member or a responsible adult shall inform the child and the extended family member or responsible adult of the nature and location of appropriate services available in the community.
(2) An officer taking a child into custody under RCW 13.32A.050 (3) or (4) shall inform the child of the reason for custody, and shall take the child to a designated crisis residential center licensed by the department and established pursuant to chapter 74.13 RCW. However, an officer taking a child into custody under RCW 13.32A.050(4) may place the child in a juvenile detention facility as provided in RCW 13.32A.065. The department shall ensure that all the enforcement authorities are informed on a regular basis as to the location of the designated crisis residential center or centers in their judicial district, where children taken into custody under RCW 13.32A.050 may be taken.
(3) "Extended family members" means a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child.
Sec. 507. RCW 13.32A.080 and 1981 c 298 s 6 are each amended to read as follows:
(1)(a) A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent's permission, and if the person intentionally:
(i) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or
(ii) Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or
(iii) Obstructs a law enforcement officer from taking the minor into custody; or
(iv) Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.
(b) It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.
(2) Harboring a minor is punishable as a gross misdemeanor ((if the offender has not been previously convicted under this section and a gross misdemeanor if the offender has been previously convicted under this section)).
(3) Any person who provides shelter to a child, absent from home, may notify the department's local community service office of the child's presence.
(4) An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:
(a) Distribution of a controlled substance to a minor, as defined in RCW 69.50.406;
(b) Promoting prostitution as defined in chapter 9A.88 RCW; and
(c) Complicity of the adult in the crime of a minor, under RCW 9A.08.020.
Sec. 508. RCW 13.32A.130 and 1992 c 205 s 206 are each amended to read as follows:
A child admitted to a crisis residential center under this chapter who is not returned to the home of his or her parent or who is not placed in an alternative residential placement under an agreement between the parent and child, shall, except as provided for by RCW 13.32A.140 and 13.32A.160(2), reside in ((such)) the placement under the rules ((and regulations)) established for the center for a period not to exceed five consecutive days from the time of intake, except as otherwise provided by this chapter. Crisis residential center staff shall make a concerted effort to achieve a reconciliation of the family. If a reconciliation and voluntary return of the child has not been achieved within forty-eight hours from the time of intake, and if the person in charge of the center does not consider it likely that reconciliation will be achieved within the five-day period, then the person in charge shall inform the parent and child of (1) the availability of counseling services; (2) the right to file a petition for an alternative residential placement, the right of a parent to file an at-risk youth petition, and the right of the parent and child to obtain assistance in filing the petition; and (3) the right to request a review of any alternative residential placement((: PROVIDED, That)).
At no time shall information regarding a parent's or child's rights be withheld if requested((: PROVIDED FURTHER, That)). The department shall develop and distribute to all law enforcement agencies and to each crisis residential center administrator a written statement delineating ((such)) the services and rights. Every officer taking a child into custody shall provide the child and his or her parent(s) or responsible adult with whom the child is placed with a copy of ((such)) the statement. In addition, the administrator of the facility or his or her designee shall provide every resident and parent with a copy of ((such)) the statement.
NEW SECTION. Sec. 509. A new section is added to chapter 43.101 RCW to read as follows:
The criminal justice training commission shall ensure that every law enforcement agency in the state has an accurate and up-to-date policy manual describing the statutes relating to juvenile runaways.
Sec. 510. RCW 9.94A.320 and 1992 c 145 s 4 and 1992 c 75 s 3 are each reenacted and amended to read as follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XV Aggravated Murder 1 (RCW 10.95.020)
XIV Murder 1 (RCW 9A.32.030)
Homicide by abuse (RCW 9A.32.055)
XIII Murder 2 (RCW 9A.32.050)
XII Assault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
XI Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
X Kidnapping 1 (RCW 9A.40.020)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
Child Molestation 1 (RCW 9A.44.083)
Damaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))
Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)
Leading Organized Crime (RCW 9A.82.060(1)(a))
IX Assault of a Child 2 (RCW 9A.36.130)
Robbery 1 (RCW 9A.56.200)
Manslaughter 1 (RCW 9A.32.060)
Explosive devices prohibited (RCW 70.74.180)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Endangering life and property by explosives with threat to human being (RCW 70.74.270)
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)
Controlled Substance Homicide (RCW 69.50.415)
Sexual Exploitation (RCW 9.68A.040)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
VIII Arson 1 (RCW 9A.48.020)
Promoting Prostitution 1 (RCW 9A.88.070)
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)
Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))
Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug or by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VII Burglary 1 (RCW 9A.52.020)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
Introducing Contraband 1 (RCW 9A.76.140)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Involving a minor in drug dealing (RCW 69.50.401(f))
VI Bribery (RCW 9A.68.010)
Manslaughter 2 (RCW 9A.32.070)
Rape of a Child 3 (RCW 9A.44.079)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Damaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))
Endangering life and property by explosives with no threat to human being (RCW 70.74.270)
Incest 1 (RCW 9A.64.020(1))
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))
Intimidating a Judge (RCW 9A.72.160)
Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
V Criminal Mistreatment 1 (RCW 9A.42.020)
Theft of a Firearm (RCW 9A.56.--- (section 432 of this act))
Reckless Endangerment 1 (RCW 9A.36.045)
Rape 3 (RCW 9A.44.060)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Child Molestation 3 (RCW 9A.44.089)
Kidnapping 2 (RCW 9A.40.030)
Extortion 1 (RCW 9A.56.120)
Incest 2 (RCW 9A.64.020(2))
Perjury 1 (RCW 9A.72.020)
Extortionate Extension of Credit (RCW 9A.82.020)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))
IV Residential Burglary (RCW 9A.52.025)
Theft of Livestock 1 (RCW 9A.56.080)
Robbery 2 (RCW 9A.56.210)
Assault 2 (RCW 9A.36.021)
Escape 1 (RCW 9A.76.110)
Arson 2 (RCW 9A.48.030)
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Malicious Harassment (RCW 9A.36.080)
Threats to Bomb (RCW 9.61.160)
Willful Failure to Return from Furlough (RCW 72.66.060)
Hit and Run — Injury Accident (RCW 46.52.020(4))
Vehicular Assault (RCW 46.61.522)
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401(a)(1)(ii) through (iv))
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))
III Criminal Mistreatment 2 (RCW 9A.42.030)
Extortion 2 (RCW 9A.56.130)
Unlawful Imprisonment (RCW 9A.40.040)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Custodial Assault (RCW 9A.36.100)
Unlawful possession of firearm or pistol by felon (RCW 9.41.040)
Harassment (RCW 9A.46.020)
Promoting Prostitution 2 (RCW 9A.88.080)
Willful Failure to Return from Work Release (RCW 72.65.070)
Burglary 2 (RCW 9A.52.030)
Introducing Contraband 2 (RCW 9A.76.150)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Escape 2 (RCW 9A.76.120)
Perjury 2 (RCW 9A.72.030)
Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))
Intimidating a Public Servant (RCW 9A.76.180)
Tampering with a Witness (RCW 9A.72.120)
Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(ii))
Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))
Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))
Theft of livestock 2 (RCW 9A.56.080)
Securities Act violation (RCW 21.20.400)
II Malicious Mischief 1 (RCW 9A.48.070)
Possession of Stolen Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW 69.50.401(d))
Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))
Computer Trespass 1 (RCW 9A.52.110)
((Reckless Endangerment 1 (RCW 9A.36.045)))
Escape from Community Custody (RCW 72.09.310)
I Theft 2 (RCW 9A.56.040)
Possession of Stolen Property 2 (RCW 9A.56.160)
Forgery (RCW 9A.60.020)
Taking Motor Vehicle Without Permission (RCW 9A.56.070)
Vehicle Prowl 1 (RCW 9A.52.095)
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
Malicious Mischief 2 (RCW 9A.48.080)
Reckless Burning 1 (RCW 9A.48.040)
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50.403)
Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))
Sec. 511. RCW 9A.36.045 and 1989 c 271 s 109 are each amended to read as follows:
(1) A person is guilty of reckless endangerment in the first degree when he or she recklessly discharges a firearm in a manner which creates a substantial risk of death or serious physical injury to another person and the discharge is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm to the scene of the discharge.
(2) A person who unlawfully discharges a firearm from a moving motor vehicle may be inferred to have engaged in reckless conduct, unless the discharge is shown by evidence satisfactory to the trier of fact to have been made without such recklessness.
(3) Reckless endangerment in the first degree is a class ((C)) B felony.
Sec. 512. RCW 9.94A.310 and 1992 c 145 s 9 are each amended to read as follows:
(1) TABLE 1
Sentencing Grid
SERIOUSNESS
SCORE OFFENDER SCORE
9 or
0 1 2 3 4 5 6 7 8 more
XV Life Sentence without Parole/Death Penalty
XIV 23y4m 24y4m 25y4m 26y4m 27y4m 28y4m 30y4m 32y10m 36y 40y
240- 250- 261- 271- 281- 291- 312- 338- 370- 411-
320 333 347 361 374 388 416 450 493 548
XIII 12y 13y 14y 15y 16y 17y 19y 21y 25y 29y
123- 134- 144- 154- 165- 175- 195- 216- 257- 298-
164 178 192 205 219 233 260 288 342 397
XII 9y 9y11m 10y9m 11y8m 12y6m 13y5m 15y9m 17y3m 20y3m 23y3m
93- 102- 111- 120- 129- 138- 162- 178- 209- 240-
123 136 147 160 171 184 216 236 277 318
XI 7y6m 8y4m 9y2m 9y11m 10y9m 11y7m 14y2m 15y5m 17y11m 20y5m
78- 86- 95- 102- 111- 120- 146- 159- 185- 210-
102 114 125 136 147 158 194 211 245 280
X 5y 5y6m 6y 6y6m 7y 7y6m 9y6m 10y6m 12y6m 14y6m
51- 57- 62- 67- 72- 77- 98- 108- 129- 149-
68 75 82 89 96 102 130 144 171 198
IX 3y 3y6m 4y 4y6m 5y 5y6m 7y6m 8y6m 10y6m 12y6m
31- 36- 41- 46- 51- 57- 77- 87- 108- 129-
41 48 54 61 68 75 102 116 144 171
VIII 2y 2y6m 3y 3y6m 4y 4y6m 6y6m 7y6m 8y6m 10y6m
21- 26- 31- 36- 41- 46- 67- 77- 87- 108-
27 34 41 48 54 61 89 102 116 144
VII 18m 2y 2y6m 3y 3y6m 4y 5y6m 6y6m 7y6m 8y6m
15- 21- 26- 31- 36- 41- 57- 67- 77- 87-
20 27 34 41 48 54 75 89 102 116
VI 13m 18m 2y 2y6m 3y 3y6m 4y6m 5y6m 6y6m 7y6m
12+- 15- 21- 26- 31- 36- 46- 57- 67- 77-
14 20 27 34 41 48 61 75 89 102
V 9m 13m 15m 18m 2y2m 3y2m 4y 5y 6y 7y
6- 12+- 13- 15- 22- 33- 41- 51- 62- 72-
12 14 17 20 29 43 54 68 82 96
IV 6m 9m 13m 15m 18m 2y2m 3y2m 4y2m 5y2m 6y2m
3- 6- 12+- 13- 15- 22- 33- 43- 53- 63-
9 12 14 17 20 29 43 57 70 84
III 2m 5m 8m 11m 14m 20m 2y2m 3y2m 4y2m 5y
1- 3- 4- 9- 12+- 17- 22- 33- 43- 51-
3 8 12 12 16 22 29 43 57 68
II 4m 6m 8m 13m 16m 20m 2y2m 3y2m 4y2m
0-90 2- 3- 4- 12+- 14- 17- 22- 33- 43-
Days 6 9 12 14 18 22 29 43 57
I 3m 4m 5m 8m 13m 16m 20m 2y2m
0-60 0-90 2- 2- 3- 4- 12+- 14- 17- 22-
Days Days 5 6 8 12 14 18 22 29
NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.
(2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.
(3) The following additional times shall be added to the presumptive sentence if the offender or an accomplice was armed with a deadly weapon as defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice was armed with a deadly weapon and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive range determined under subsection (2) of this section:
(a) 24 months for Rape 1 (RCW 9A.44.040), Robbery 1 (RCW 9A.56.200), or Kidnapping 1 (RCW 9A.40.020);
(b) 18 months for Burglary 1 (RCW 9A.52.020);
(c) 12 months for ((Assault 2 (RCW 9A.36.020 or 9A.36.021), Assault of a Child 2 (RCW 9A.36.130))) any violent offense except as provided in (a) and (b) of this subsection, Escape 1 (RCW 9A.76.110), ((Kidnapping 2 (RCW 9A.40.030),)) Burglary 2 of a building other than a dwelling (RCW 9A.52.030), Theft of Livestock 1 or 2 (RCW 9A.56.080), or any drug offense.
(4) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following times shall be added to the presumptive sentence range determined under subsection (2) of this section:
(a) Eighteen months for offenses committed under RCW 69.50.401(a)(1)(i) or 69.50.410;
(b) Fifteen months for offenses committed under RCW 69.50.401(a)(1)(ii), (iii), and (iv);
(c) Twelve months for offenses committed under RCW 69.50.401(d).
For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.
(5) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435.
NEW SECTION. Sec. 513. A new section is added to chapter 4.24 RCW to read as follows:
No person who owns, operates, is employed by, or volunteers at a program approved under RCW 77.32.155 shall be liable for any injury that occurs while the person who suffered the injury is participating in the course, unless the injury is the result of gross negligence.
NEW SECTION. Sec. 514. A new section is added to chapter 9.91 RCW to read as follows:
(1) It is unlawful for a person under eighteen years old, unless the person is at least fourteen years old and has the permission of a parent or guardian to do so, to purchase or possess a personal protection spray device. A violation of this subsection is a misdemeanor.
(2) No town, city, county, special purpose district, quasi-municipal corporation or other unit of government may prohibit a person eighteen years old or older, or a person fourteen years old or older who has the permission of a parent or guardian to do so, from purchasing or possessing a personal protection spray device or from using such a device in a manner consistent with the authorized use of force under RCW 9A.16.020. No town, city, county, special purpose district, quasi-municipal corporation, or other unit of government may prohibit a person eighteen years old or older from delivering a personal protection spray device to a person authorized to possess such a device.
(3) For purposes of this section:
(a) "Personal protection spray device" means a commercially available dispensing device designed and intended for use in self-defense and containing a nonlethal sternutator or lacrimator agent, including but not limited to:
(i) Tear gas, the active ingredient of which is either chloracetophenone (CN) or O-chlorobenzylidene malonotrile (CS); or
(ii) Other agent commonly known as mace, pepper mace, or pepper gas.
(b) "Delivering" means actual, constructive, or attempted transferring from one person to another.
(4) Nothing in this section authorizes the delivery, purchase, possession, or use of any device or chemical agent that is otherwise prohibited by state law.
Sec. 515. RCW 43.20A.090 and 1970 ex.s. c 18 s 7 are each amended to read as follows:
The secretary shall appoint a deputy secretary, a department personnel director and such assistant secretaries as shall be needed to administer the department. The deputy secretary shall have charge and general supervision of the department in the absence or disability of the secretary, and in case of a vacancy in the office of secretary, shall continue in charge of the department until a successor is appointed and qualified, or until the governor shall appoint an acting secretary. The secretary shall appoint an assistant secretary to administer the juvenile rehabilitation responsibilities required of the department by chapters 13.04, 13.40, and 13.50 RCW. The officers appointed under this section, and exempt from the provisions of the state civil service law by the terms of RCW 41.06.076, shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the operation of the state civil service law.
NEW SECTION. Sec. 516. A new section is added to chapter 13.40 RCW to read as follows:
The secretary, assistant secretary, or the secretary's designee shall manage and administer the department's juvenile rehabilitation responsibilities, including but not limited to the operation of all state institutions or facilities used for juvenile rehabilitation.
The secretary or assistant secretary shall:
(1) Prepare a biennial budget request sufficient to meet the confinement and rehabilitative needs of the juvenile rehabilitation program, as forecast by the office of financial management;
(2) Create by rule a formal system for inmate classification. This classification system shall consider:
(a) Public safety;
(b) Internal security and staff safety; and
(c) Rehabilitative resources both within and outside the department;
(3) Develop agreements with local jurisdictions to develop regional facilities with a variety of custody levels;
(4) Adopt rules establishing effective disciplinary policies to maintain order within institutions;
(5) Develop a comprehensive diagnostic evaluation process to be used at intake, including but not limited to evaluation for substance addiction or abuse, literacy, learning disabilities, fetal alcohol syndrome or effect, attention deficit disorder, and mental health;
(6) Develop a plan to implement, by July 1, 1995:
(a) Substance abuse treatment programs for all state juvenile rehabilitation facilities and institutions;
(b) Vocational education and instruction programs at all state juvenile rehabilitation facilities and institutions; and
(c) An educational program to establish self-worth and responsibility in juvenile offenders. This educational program shall emphasize instruction in character-building principles such as: Respect for self, others, and authority; victim awareness; accountability; work ethics; good citizenship; and life skills; and
(7) Study, in conjunction with the superintendent of public instruction, educators, and superintendents of state facilities for juvenile offenders, the feasibility and value of consolidating within a single entity the provision of educational services to juvenile offenders committed to state facilities. The assistant secretary shall report his or her findings to the legislature by December 1, 1995.
NEW SECTION. Sec. 517. A new section is added to chapter 13.40 RCW to read as follows:
The secretary, assistant secretary, or the secretary's designee shall review the vocational education curriculum, facilities, and teaching personnel in all juvenile residential programs and report to the appropriate committees of the legislature by December 12, 1994. The report shall include an assessment of the number and types of vocational programs currently available, and the status of buildings, teaching personnel, and equipment currently used for vocational training. The report shall also contain an action plan for implementing, by July 1, 1995, a state-wide uniform prevocational and vocational education program, including but not limited to, a projection of the need for the programs for both female and male juvenile offenders, the number of students that could benefit from the programs, projected vocational trade needs, physical plant modifications or building needs, equipment needs, teaching personnel needs, and estimated costs. In addition, the report shall identify how the department can develop vocational programs jointly with trade associations, trade unions, and other state, local, and federal agencies. The department shall also identify businesses and industries potentially interested in working with the program.
NEW SECTION. Sec. 518. A new section is added to chapter 13.40 RCW to read as follows:
The secretary, assistant secretary, or the secretary's designee shall issue arrest warrants for juveniles who escape from department residential custody. These arrest warrants shall authorize any law enforcement, probation and parole, or peace officer of this state, or any other state where the juvenile is located, to arrest the juvenile and to place the juvenile in physical custody pending the juvenile's return to confinement in a state juvenile rehabilitation facility.
Sec. 519. RCW 13.04.030 and 1988 c 14 s 1 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, the juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:
(((1))) (a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;
(((2))) (b) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170((, as now or hereafter amended));
(((3))) (c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210((, as now or hereafter amended));
(((4))) (d) To approve or disapprove alternative residential placement as provided in RCW 13.32A.170;
(((5))) (e) Relating to juveniles alleged or found to have committed offenses, traffic infractions, or violations as provided in RCW 13.40.020 through 13.40.230, ((as now or hereafter amended,)) unless:
(((a))) (i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110((, as now or hereafter amended)); or
(((b))) (ii) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or
(((c))) (iii) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction: PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or (e)(i) of this subsection (((5)(a) of this section)): PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060; or
(((6))) (iv) The juvenile is sixteen or seventeen years old and the alleged offense is: (A) A serious violent offense as defined in RCW 9.94A.030 committed on or after the effective date of this section; or (B) a violent offense as defined in RCW 9.94A.030 committed on or after the effective date of this section and the juvenile has a criminal history consisting of: (I) One or more prior serious violent offenses; (II) two or more prior violent offenses; or (III) three or more of any combination of the following offenses: Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's thirteenth birthday and prosecuted separately. In such a case the adult criminal court shall have exclusive original jurisdiction.
If the juvenile challenges the state's determination of the juvenile's criminal history, the state may establish the offender's criminal history by a preponderance of the evidence. If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;
(f) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;
(((7))) (g) Relating to termination of a diversion agreement under RCW 13.40.080 ((as now or hereafter amended)), including a proceeding in which the divertee has attained eighteen years of age; and
(((8))) (h) Relating to court validation of a voluntary consent to foster care placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction.
(2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.
(3) A juvenile subject to adult superior court jurisdiction under subsection (1)(e) (i) through (iv) of this section, who is detained pending trial, may be detained in a county detention facility as defined in RCW 13.40.020 pending sentencing or a dismissal.
Sec. 520. RCW 13.40.020 and 1993 c 373 s 1 are each amended to read as follows:
For the purposes of this chapter:
(1) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be:
(a) A class A felony, or an attempt to commit a class A felony;
(b) Manslaughter in the first degree; or
(c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon ((or firearm as defined in RCW 9A.04.110));
(2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;
(3) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred adjudication pursuant to section 545 of this act. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:
(a) Community-based sanctions;
(b) Community-based rehabilitation;
(c) Monitoring and reporting requirements;
(4) Community-based sanctions may include one or more of the following:
(a) A fine, not to exceed one hundred dollars;
(b) Community service not to exceed one hundred fifty hours of service;
(5) "Community-based rehabilitation" means one or more of the following: Attendance of information classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;
(6) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;
(7) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court ((and may be served in a detention group home, detention foster home, or with electronic monitoring. Detention group homes and detention foster homes used for confinement shall not also be used for the placement of dependent children. Confinement in detention group homes and detention foster homes and electronic monitoring are subject to available funds));
(8) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);
(9) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:
(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or
(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication shall not be considered part of the respondent's criminal history;
(10) "Department" means the department of social and health services;
(11) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;
(12) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;
(13) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;
(14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;
(15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;
(16) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;
(17) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;
(18) "Minor or first offender" means a person ((sixteen years of age or younger)) whose current offense(s) and criminal history fall entirely within one of the following categories:
(a) Four misdemeanors;
(b) Two misdemeanors and one gross misdemeanor;
(c) One misdemeanor and two gross misdemeanors; and
(d) Three gross misdemeanors((;
(e) One class C felony except manslaughter in the second degree and one misdemeanor or gross misdemeanor;
(f) One class B felony except: Any felony which constitutes an attempt to commit a class A felony; manslaughter in the first degree; assault in the second degree; extortion in the first degree; indecent liberties; kidnapping in the second degree; robbery in the second degree; burglary in the second degree; residential burglary; vehicular homicide; or arson in the second degree)).
For purposes of this definition, current violations shall be counted as misdemeanors;
(19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;
(20) "Respondent" means a juvenile who is alleged or proven to have committed an offense;
(21) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;
(22) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;
(23) "Services" mean services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;
(24) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;
(25) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;
(26) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;
(27) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;
(28) "Violent offense" means a violent offense as defined in RCW 9.94A.030.
Sec. 521. RCW 13.40.0354 and 1989 c 407 s 6 are each amended to read as follows:
The total current offense points for use in the standards range matrix of schedules D-1, D-2, and D-3 are computed as follows:
(1) The disposition offense category is determined by the offense of conviction. Offenses are divided into ten levels of seriousness, ranging from low (seriousness level E) to high (seriousness level A+), see schedule A, RCW 13.40.0357.
(2) The prior offense increase factor is summarized in schedule B, RCW 13.40.0357. The increase factor is determined for each prior offense by using the time span and the offense category in the prior offense increase factor grid. Time span is computed from the date of the prior offense to the date of the current offense. The total increase factor is determined by totalling the increase factors for each prior offense and adding a constant factor of 1.0.
(3) The current offense points are summarized in schedule C, RCW 13.40.0357. The current offense points are determined for each current offense by locating the juvenile's age on the horizontal axis and using the offense category on the vertical axis. The juvenile's age is determined as of the time of the current offense and is rounded down to the nearest whole number.
(4) The total current offense points are determined for each current offense by multiplying the total increase factor by the current offense points. The total current offense points are rounded down to the nearest whole number.
(5) All current offense points calculated in schedules D-1, D-2, and D-3 shall be increased by a factor of five percent if the offense is committed by a juvenile who is in a program of parole under this chapter.
Sec. 522. RCW 13.40.0357 and 1989 c 407 s 7 are each amended to read as follows:
SCHEDULE A
DESCRIPTION AND OFFENSE CATEGORY
JUVENILE
JUVENILE DISPOSITION
DISPOSITION CATEGORY FOR ATTEMPT,
OFFENSE BAILJUMP, CONSPIRACY,
CATEGORY DESCRIPTION (RCW CITATION) OR SOLICITATION
_______________.
Arson and Malicious Mischief
A Arson 1 (9A.48.020) B+
B Arson 2 (9A.48.030) C
C Reckless Burning 1 (9A.48.040) D
D Reckless Burning 2 (9A.48.050) E
B Malicious Mischief 1 (9A.48.070) C
C Malicious Mischief 2 (9A.48.080) D
D Malicious Mischief 3 (<$50 is
E class) (9A.48.090) E
E Tampering with Fire Alarm
Apparatus (9.40.100) E
A Possession of Incendiary Device
(9.40.120) B+
Assault and Other Crimes
Involving Physical Harm
A Assault 1 (9A.36.011) B+
B+ Assault 2 (9A.36.021) C+
C+ Assault 3 (9A.36.031) D+
D+ Assault 4 (9A.36.041) E
D+ Reckless Endangerment
(9A.36.050) E
C+ Promoting Suicide Attempt
(9A.36.060) D+
D+ Coercion (9A.36.070) E
C+ Custodial Assault (9A.36.100) D+
Burglary and Trespass
B+ Burglary 1 (9A.52.020) C+
B Burglary 2 (9A.52.030) C
D Burglary Tools (Possession of)
(9A.52.060) E
D Criminal Trespass 1 (9A.52.070) E
E Criminal Trespass 2 (9A.52.080) E
D Vehicle Prowling (9A.52.100) E
Drugs
E Possession/Consumption of Alcohol
(66.44.270) E
C Illegally Obtaining Legend Drug
(69.41.020) D
C+ Sale, Delivery, Possession of Legend
Drug with Intent to Sell
(69.41.030) D+
E Possession of Legend Drug
(69.41.030) E
B+ Violation of Uniform Controlled
Substances Act - Narcotic Sale
(69.50.401(a)(1)(i)) B+
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Sale
(69.50.401(a)(1)(ii)) C
E Possession of Marihuana <40 grams
(69.50.401(e)) E
C Fraudulently Obtaining Controlled
Substance (69.50.403) C
C+ Sale of Controlled Substance
for Profit (69.50.410) C+
E ((Glue Sniffing (9.47A.050))) E
Unlawful Inhalation (9.47A.020)
B Violation of Uniform Controlled
Substances Act - Narcotic
Counterfeit Substances
(69.50.401(b)(1)(i)) B
C Violation of Uniform Controlled
Substances Act - Nonnarcotic
Counterfeit Substances
(69.50.401(b)(1) (ii), (iii), (iv)) C
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance
(69.50.401(d)) C
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance
(69.50.401(c)) C
Firearms and Weapons
((C+ Committing Crime when Armed
(9.41.025) D+))
E Carrying Loaded Pistol Without
Permit (9.41.050) E
((E)) C ((Use)) Possession of Firearms by
Minor (((<14))) (<18)
(((9.41.240))) (9.41.040(1)(e)) ((E)) C
D+ Possession of Dangerous Weapon
(9.41.250) E
D Intimidating Another Person by use
of Weapon (9.41.270) E
Homicide
A+ Murder 1 (9A.32.030) A
A+ Murder 2 (9A.32.050) B+
B+ Manslaughter 1 (9A.32.060) C+
C+ Manslaughter 2 (9A.32.070) D+
B+ Vehicular Homicide (46.61.520) C+
Kidnapping
A Kidnap 1 (9A.40.020) B+
B+ Kidnap 2 (9A.40.030) C+
C+ Unlawful Imprisonment
(9A.40.040) D+
((D Custodial Interference
(9A.40.050) E))
Obstructing Governmental Operation
E Obstructing a Public Servant
(9A.76.020) E
E Resisting Arrest (9A.76.040) E
B Introducing Contraband 1
(9A.76.140) C
C Introducing Contraband 2
(9A.76.150) D
E Introducing Contraband 3
(9A.76.160) E
B+ Intimidating a Public Servant
(9A.76.180) C+
B+ Intimidating a Witness
(9A.72.110) C+
((E Criminal Contempt
(9.23.010) E))
Public Disturbance
C+ Riot with Weapon (9A.84.010) D+
D+ Riot Without Weapon
(9A.84.010) E
E Failure to Disperse (9A.84.020) E
E Disorderly Conduct (9A.84.030) E
Sex Crimes
A Rape 1 (9A.44.040) B+
A- Rape 2 (9A.44.050) B+
C+ Rape 3 (9A.44.060) D+
A- Rape of a Child 1 (9A.44.073) B+
B Rape of a Child 2 (9A.44.076) C+
B Incest 1 (9A.64.020(1)) C
C Incest 2 (9A.64.020(2)) D
D+ ((Public Indecency)) Indecent Exposure
(Victim <14) (9A.88.010) E
E ((Public Indecency)) Indecent Exposure
(Victim 14 or over) (9A.88.010) E
B+ Promoting Prostitution 1
(9A.88.070) C+
C+ Promoting Prostitution 2
(9A.88.080) D+
E O & A (Prostitution) (9A.88.030) E
B+ Indecent Liberties (9A.44.100) C+
B+ Child Molestation 1 (9A.44.083) C+
C+ Child Molestation 2 (9A.44.086) C
Theft, Robbery, Extortion, and Forgery
B Theft 1 (9A.56.030) C
C Theft 2 (9A.56.040) D
D Theft 3 (9A.56.050) E
B Theft of Livestock (9A.56.080) C
C Forgery (((9A.56.020))) (9A.60.020) D
A Robbery 1 (9A.56.200) B+
B+ Robbery 2 (9A.56.210) C+
B+ Extortion 1 (9A.56.120) C+
C+ Extortion 2 (9A.56.130) D+
B Possession of Stolen Property 1
(9A.56.150) C
C Possession of Stolen Property 2
(9A.56.160) D
D Possession of Stolen Property 3
(9A.56.170) E
C Taking Motor Vehicle Without
Owner's Permission (9A.56.070) D
Motor Vehicle Related Crimes
E Driving Without a License
(46.20.021) E
C Hit and Run - Injury
(46.52.020(4)) D
D Hit and Run-Attended
(46.52.020(5)) E
E Hit and Run-Unattended
(46.52.010) E
C Vehicular Assault (46.61.522) D
C Attempting to Elude Pursuing
Police Vehicle (46.61.024) D
E Reckless Driving (46.61.500) E
D Driving While Under the Influence
(46.61.515) E
((B+ Negligent Homicide by Motor
Vehicle (46.61.520) C+))
D Vehicle Prowling (9A.52.100) E
C Taking Motor Vehicle Without
Owner's Permission (9A.56.070) D
Other
B Bomb Threat (9.61.160) C
C Escape 11 (9A.76.110) C
C Escape 21 (9A.76.120) C
D Escape 3 (9A.76.130) E
C Failure to Appear in Court
(10.19.130) D
((E Tampering with Fire Alarm
Apparatus (9.40.100) E))
E Obscene, Harassing, Etc.,
Phone Calls (9.61.230) E
A Other Offense Equivalent to an
Adult Class A Felony B+
B Other Offense Equivalent to an
Adult Class B Felony C
C Other Offense Equivalent to an
Adult Class C Felony D
D Other Offense Equivalent to an
Adult Gross Misdemeanor E
E Other Offense Equivalent to an
Adult Misdemeanor E
V Violation of Order of Restitution,
Community Supervision, or
Confinement (13.40.200)2 V
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:
1st escape or attempted escape during 12-month period - 4 weeks confinement
2nd escape or attempted escape during 12-month period - 8 weeks confinement
3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement
2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.
SCHEDULE B
PRIOR OFFENSE INCREASE FACTOR
For use with all CURRENT OFFENSES occurring on or after July 1, 1989.
TIME SPAN
OFFENSE 0-12 13-24 25 Months
CATEGORY Months Months or More
______________.....
A+ .9 .9 .9
A .9 .8 .6
A- .9 .8 .5
B+ .9 .7 .4
B .9 .6 .3
C+ .6 .3 .2
C .5 .2 .2
D+ .3 .2 .1
D .2 .1 .1
E .1 .1 .1
Prior history - Any offense in which a diversion agreement or counsel and release form was signed, or any offense which has been adjudicated by court to be correct prior to the commission of the current offense(s).
SCHEDULE C
CURRENT OFFENSE POINTS
For use with all CURRENT OFFENSES occurring on or after July 1, 1989.
AGE
OFFENSE 12 &
CATEGORY Under 13 14 15 16 17
_____________..........
A+ STANDARD RANGE 180-224 WEEKS
A 250 300 350 375 375 375
A- 150 150 150 200 200 200
B+ 110 110 120 130 140 150
B 45 45 50 50 57 57
C+ 44 44 49 49 55 55
C 40 40 45 45 50 50
D+ 16 18 20 22 24 26
D 14 16 18 20 22 24
E 4 4 4 6 8 10
JUVENILE SENTENCING STANDARDS
SCHEDULE D-1
This schedule may only be used for minor/first offenders. After the determination is made that a youth is a minor/first offender, the court has the discretion to select sentencing option A, B, or C.
MINOR/FIRST OFFENDER
OPTION A
STANDARD RANGE
Community
Community
Service
Points Supervision Hours Fine
1-9 0-3 months and/or 0-8 and/or 0-$10
10-19 0-3 months and/or 0-8 and/or 0-$10
20-29 0-3 months and/or 0-16 and/or 0-$10
30-39 0-3 months and/or 8-24 and/or 0-$25
40-49 3-6 months and/or 16-32 and/or 0-$25
50-59 3-6 months and/or 24-40 and/or 0-$25
60-69 6-9 months and/or 32-48 and/or 0-$50
70-79 6-9 months and/or 40-56 and/or 0-$50
80-89 9-12 months and/or 48-64 and/or 10-$100
90-109 9-12 months and/or 56-72 and/or 10-$100
OR
OPTION B
STATUTORY OPTION
0-12 Months Community Supervision
0-150 Hours Community Service
0-100 Fine
A term of community supervision with a maximum of 150 hours, $100.00 fine, and 12 months supervision.
OR
OPTION C
MANIFEST INJUSTICE
When a term of community supervision would effectuate a manifest injustice, another disposition may be imposed. When a judge imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term and the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2) shall be used to determine the range.
JUVENILE SENTENCING STANDARDS
SCHEDULE D-2
This schedule may only be used for middle offenders. After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, or C.
MIDDLE OFFENDER
OPTION A
STANDARD RANGE
Community
Community Service Confinement
Points Supervision Hours Fine Days Weeks
_______________....
1-9 0-3 months and/or 0-8 and/or 0-$10 and/or 0
10-19 0-3 months and/or 0-8 and/or 0-$10 and/or 0
20-29 0-3 months and/or 0-16 and/or 0-$10 and/or 0
30-39 0-3 months and/or 8-24 and/or 0-$25 and/or 2-4
40-49 3-6 months and/or 16-32 and/or 0-$25 and/or 2-4
50-59 3-6 months and/or 24-40 and/or 0-$25 and/or 5-10
60-69 6-9 months and/or 32-48 and/or 0-$50 and/or 5-10
70-79 6-9 months and/or 40-56 and/or 0-$50 and/or 10-20
80-89 9-12 months and/or 48-64 and/or 0-$100 and/or 10-20
90-109 9-12 months and/or 56-72 and/or 0-$100 and/or 15-30
110-129 8-12
130-149 13-16
150-199 21-28
200-249 30-40
250-299 52-65
300-374 80-100
375+ 103-129
Middle offenders with more than 110 points do not have to be committed. They may be assigned community supervision under option B.
All A+ offenses 180-224 weeks
OR
OPTION B
STATUTORY OPTION
0-12 Months Community Supervision
0-150 Hours Community Service
0-100 Fine
The court may impose a determinate disposition of community supervision and/or up to 30 days confinement; in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150((, as now or hereafter amended)).
OR
OPTION C
MANIFEST INJUSTICE
If the court determines that a disposition under A or B would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term and the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2) shall be used to determine the range.
JUVENILE SENTENCING STANDARDS
SCHEDULE D-3
This schedule may only be used for serious offenders. After the determination is made that a youth is a serious offender, the court has the discretion to select sentencing option A or B.
SERIOUS OFFENDER
OPTION A
STANDARD RANGE
Points Institution Time
0-129 8-12 weeks
130-149 13-16 weeks
150-199 21-28 weeks
200-249 30-40 weeks
250-299 52-65 weeks
300-374 80-100 weeks
375+ 103-129 weeks
All A+
Offenses 180-224 weeks
OR
OPTION B
MANIFEST INJUSTICE
A disposition outside the standard range shall be determined and shall be comprised of confinement or community supervision or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2) shall be used to determine the range.
Sec. 523. RCW 13.40.160 and 1992 c 45 s 6 are each amended to read as follows:
(1) When the respondent is found to be a serious offender, the court shall commit the offender to the department for the standard range of disposition for the offense, as indicated in option A of schedule D-3, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section.
If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option B of schedule D-3, RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.
A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((, as now or hereafter amended,)) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230((, as now or hereafter amended,)) by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230 ((as now or hereafter amended)).
(2) Where the respondent is found to be a minor or first offender, the court shall order that the respondent serve a term of community supervision as indicated in option A or option B of schedule D-1, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section. If the court determines that a disposition of community supervision would effectuate a manifest injustice the court may impose another disposition under option C of schedule D-1, RCW 13.40.0357. Except as provided in subsection (5) of this section, a disposition other than a community supervision may be imposed only after the court enters reasons upon which it bases its conclusions that imposition of community supervision would effectuate a manifest injustice. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((, as now or hereafter amended,)) shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.
Except for disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section, a disposition may be appealed as provided in RCW 13.40.230((, as now or hereafter amended,)) by the state or the respondent. A disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section may not be appealed under RCW 13.40.230 ((as now or hereafter amended)).
(3) Where a respondent is found to have committed an offense for which the respondent declined to enter into a diversion agreement, the court shall impose a term of community supervision limited to the conditions allowed in a diversion agreement as provided in RCW 13.40.080(2) ((as now or hereafter amended)).
(4) If a respondent is found to be a middle offender:
(a) The court shall impose a determinate disposition within the standard range(s) for such offense, as indicated in option A of schedule D-2, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section: PROVIDED, That if the standard range includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement; or
(b) The court shall impose a disposition under (a) of this subsection, which shall be suspended, and shall impose a determinate disposition of community supervision and/or up to thirty days confinement, as indicated in option B of schedule D-2, RCW 13.40.0357 in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150 ((as now or hereafter amended)). If the offender violates any condition of the disposition, the court may revoke the suspension and order execution of the sentence. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.
(c) Only if the court concludes, and enters reasons for its conclusions, that disposition as provided in subsection (4)(a) or (b) of this section would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((, as now or hereafter amended,)) shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.
(d) A disposition pursuant to subsection (4)(c) of this section is appealable under RCW 13.40.230((, as now or hereafter amended,)) by the state or the respondent. A disposition pursuant to subsection (4) (a) or (b) of this section is not appealable under RCW 13.40.230 ((as now or hereafter amended)).
(5) When a serious, middle, or minor first offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.
The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.
The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:
(a)(i) Frequency and type of contact between the offender and therapist;
(ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;
(iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions.
The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.
After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, and the court may suspend the execution of the disposition and place the offender on community supervision for up to two years. As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following:
(b)(i) Devote time to a specific education, employment, or occupation;
(ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;
(iii) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;
(iv) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court;
(v) Report as directed to the court and a probation counselor;
(vi) Pay all court-ordered legal financial obligations, perform community service, or any combination thereof; or
(vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense.
The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.
At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.
Except as provided in this subsection (5), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (5) and the rules adopted by the department of health.
If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the ((sentence)) disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition. The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.
For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged. "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.
(6) Section 525 of this act shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(1)(e) or any crime in which a special finding is entered that the juvenile was armed with a firearm.
(7) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.
(((7))) (8) Except as provided for in subsection (5) of this section, the court shall not suspend or defer the imposition or the execution of the disposition.
(((8))) (9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.
Sec. 524. RCW 13.40.185 and 1981 c 299 s 15 are each amended to read as follows:
(1) Any term of confinement imposed for an offense which exceeds thirty days shall be served under the supervision of the department. If the period of confinement imposed for more than one offense exceeds thirty days but the term imposed for each offense is less than thirty days, the confinement may, in the discretion of the court, be served in a juvenile facility operated by or pursuant to a contract with the state or a county.
(2) Whenever a juvenile is confined in a detention facility or is committed to the department, the court may not directly order a juvenile into a particular county or state facility. The juvenile court administrator and the secretary, assistant secretary, or the secretary's designee, as appropriate, has the sole discretion to determine in which facility a juvenile should be confined or committed. The counties may operate a variety of detention facilities as determined by the county legislative authority subject to available funds.
NEW SECTION. Sec. 525. A new section is added to chapter 13.40 RCW to read as follows:
(1) If a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040(1)(e), the court shall impose a determinate disposition of ten days of confinement and up to twelve months of community supervision. If the offender's standard range of disposition for the offense as indicated in RCW 13.40.0357 is more than thirty days of confinement, the court shall commit the offender to the department for the standard range disposition. The offender shall not be released until the offender has served a minimum of ten days in confinement.
(2) If the court finds that the respondent or an accomplice was armed with a firearm, the court shall determine the standard range disposition for the offense pursuant to RCW 13.40.160. Ninety days of confinement shall be added to the entire standard range disposition of confinement if the offender or an accomplice was armed with a firearm when the offender committed: (a) Any violent offense; or (b) escape in the first degree; burglary in the second degree; theft of livestock in the first or second degree; or any felony drug offense. If the offender or an accomplice was armed with a firearm and the offender is being adjudicated for an anticipatory felony offense under chapter 9A.28 RCW to commit one of the offenses listed in this subsection, ninety days shall be added to the entire standard range disposition of confinement. The ninety days shall be imposed regardless of the offense's juvenile disposition offense category as designated in RCW 13.40.0357. The department shall not release the offender until the offender has served a minimum of ninety days in confinement, unless the juvenile is committed to and successfully completes the juvenile offender basic training camp disposition option.
(3) Option B of schedule D-2, RCW 13.40.0357, shall not be available for middle offenders who receive a disposition under this section. When a disposition under this section would effectuate a manifest injustice, the court may impose another disposition. When a judge finds a manifest injustice and imposes a disposition of confinement exceeding thirty days, the court shall commit the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. When a judge finds a manifest injustice and imposes a disposition of confinement less than thirty days, the disposition shall be comprised of confinement or community supervision or both.
(4) Any term of confinement ordered pursuant to this section may run concurrently to any term of confinement imposed in the same disposition for other offenses.
NEW SECTION. Sec. 526. A new section is added to chapter 13.40 RCW to read as follows:
A prosecutor may file a special allegation that the offender or an accomplice was armed with a firearm when the offender committed the alleged offense. If a special allegation has been filed and the court finds that the offender committed the alleged offense, the court shall also make a finding whether the offender or an accomplice was armed with a firearm when the offender committed the offense.
Sec. 527. RCW 13.40.210 and 1990 c 3 s 304 are each amended to read as follows:
(1) The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030, ((as now or hereafter amended,)) set a release or discharge date for each juvenile committed to its custody ((which)). The release or discharge date shall be within the prescribed range to which a juvenile has been committed except as provided in section 532 of this act concerning offenders the department determines are eligible for the juvenile offender basic training camp program. Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed. The secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter((: PROVIDED, That)). Days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.
(2) The secretary shall monitor the average daily population of the state's juvenile residential facilities. When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may recommend reductions to the governor. On certification by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity. The secretary shall release those offenders who have served the greatest proportion of their sentence. However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society. The department shall notify the committing court of the release at the ((end of each calendar year)) time of release if any such early releases have occurred ((during that year)) as a result of excessive in-residence population. In no event shall ((a serious)) an offender((, as defined in RCW 13.40.020(1))) adjudicated of a violent offense be granted release under the provisions of this subsection.
(3) Following the juvenile's release ((pursuant to)) under subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months, except that in the case of a juvenile sentenced for rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, or indecent liberties with forcible compulsion, the period of parole shall be twenty-four months. A parole program is mandatory for offenders released under subsection (2) of this section. The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal shall require the juvenile to refrain from possessing a firearm or using a deadly weapon and refrain from committing new offenses and may require the juvenile to: (a) Undergo available medical or psychiatric treatment; (b) report as directed to a parole officer; (c) pursue a course of study or vocational training; and (d) remain within prescribed geographical boundaries and notify the department of any change in his or her address((; and (e) refrain from committing new offenses)). After termination of the parole period, the juvenile shall be discharged from the department's supervision.
(4)(a) The department may also modify parole for violation thereof. If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public: (((a))) (i) Continued supervision under the same conditions previously imposed; (((b))) (ii) intensified supervision with increased reporting requirements; (((c))) (iii) additional conditions of supervision authorized by this chapter; (((d))) (iv) except as provided in (((e))) (a)(v) of this subsection, imposition of a period of confinement not to exceed thirty days in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision; and (((e))) (v) the secretary may order any of the conditions or may return the offender to confinement in an institution for the remainder of the sentence range if the offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined by RCW 9.94A.030.
(b) If the department finds that any juvenile in a program of parole has possessed a firearm or used a deadly weapon during the program of parole, the department shall modify the parole under (a) of this subsection and confine the juvenile for at least thirty days. Confinement shall be in a facility operated by or pursuant to a contract with the state or any county.
(5) A parole officer of the department of social and health services shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest ((such)) the person.
(6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of this section.
Sec. 528. RCW 13.40.190 and 1987 c 281 s 5 are each amended to read as follows:
(1) In its dispositional order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent. In addition, restitution may be ordered for loss or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which, pursuant to a plea agreement, are not prosecuted. The payment of restitution shall be in addition to any punishment which is imposed pursuant to the other provisions of this chapter. The court may determine the amount, terms, and conditions of the restitution including a payment plan extending up to ten years if the court determines that the respondent does not have the means to make full restitution over a shorter period. Restitution may include the costs of counseling reasonably related to the offense. If the respondent participated in the crime with another person or other persons, all such participants shall be jointly and severally responsible for the payment of restitution. For the purposes of this section, the respondent shall remain under the court's jurisdiction for a maximum term of ten years after the respondent's eighteenth birthday. The court may not require the respondent to pay full or partial restitution if the respondent reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay such restitution over a ten-year period. In cases where an offender has been committed to the department for a period of confinement exceeding fifteen weeks, restitution may be waived.
(2) If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments.
(3) A respondent under obligation to pay restitution may petition the court for modification of the restitution order.
Sec. 529. RCW 13.40.220 and 1993 c 466 s 1 are each amended to read as follows:
(1) Whenever legal custody of a child is vested in someone other than his or her parents, under this chapter, and not vested in the department of social and health services, after due notice to the parents or other persons legally obligated to care for and support the child, and after a hearing, the court may order and decree that the parent or other legally obligated person shall pay in such a manner as the court may direct a reasonable sum representing in whole or in part the costs of support, treatment, and confinement of the child after the decree is entered.
(2) If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against such person for contempt.
(3) Whenever legal custody of a child is vested in the department ((of social and health services, after due notice to)) under this chapter, the parents or other persons legally obligated to care for and support the child((, and after a hearing, the court shall order and decree that the parent or other legally obligated person shall pay for)) shall be liable for the costs of support, treatment, and confinement of the child ((after the decree is entered, following the department of social and health services)), in accordance with the department's reimbursement of cost schedule. ((The department of social and health services shall collect the debt in accordance with chapter 43.20B RCW. The department shall exempt from payment parents receiving adoption support under RCW 74.13.100 through 74.13.145, and parents eligible to receive adoption support under RCW 74.13.150.
(3) If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against such person for contempt.)) The department shall adopt a reimbursement of cost schedule based on the costs of providing such services, and shall determine an obligation based on the responsible parents' or other legally obligated person's ability to pay. The department is authorized to adopt additional rules as appropriate to enforce this section.
(4) To enforce subsection (3) of this section, the department shall serve on the parents or other person legally obligated to care for and support the child a notice and finding of financial responsibility requiring the parents or other legally obligated person to appear and show cause in an adjudicative proceeding why the finding of responsibility and/or the amount thereof is incorrect and should not be ordered. This notice and finding shall relate to the costs of support, treatment, and confinement of the child in accordance with the department's reimbursement of cost schedule adopted under this section, including periodic payments to be made in the future. The hearing shall be held pursuant to chapter 34.05 RCW, the administrative procedure act, and the rules of the department.
(5) The notice and finding of financial responsibility shall be served in the same manner prescribed for the service of a summons in a civil action or may be served on the parent or legally obligated person by certified mail, return receipt requested. The receipt shall be prima facie evidence of service.
(6) If the parents or other legally obligated person objects to the notice and finding of financial responsibility, then an application for an adjudicative hearing may be filed within twenty days of the date of service of the notice. If an application for an adjudicative proceeding is filed, the presiding or reviewing officer shall determine the past liability and responsibility, if any, of the parents or other legally obligated person and shall also determine the amount of periodic payments to be made in the future. If the parents or other legally responsible person fails to file an application within twenty days, the notice and finding of financial responsibility shall become a final administrative order.
(7) Debts determined pursuant to this section are subject to collection action without further necessity of action by a presiding or reviewing officer. The department may collect the debt in accordance with RCW 43.20B.635, 43.20B.640, 74.20A.060, and 74.20A.070. The department shall exempt from payment parents receiving adoption support under RCW 74.13.100 through 74.13.145, and parents eligible to receive adoption support under RCW 74.13.150.
(8) An administrative order entered pursuant to this section shall supersede any court order entered prior to the effective date of this section.
(9) The department shall be subrogated to the right of the child and his or her parents or other legally responsible person to receive support payments for the benefit of the child from any parent or legally obligated person pursuant to a support order established by a superior court or pursuant to RCW 74.20A.055. The department's right of subrogation under this section is limited to the liability established in accordance with its cost schedule for support, treatment, and confinement, except as addressed in subsection (10) of this section.
(10) Nothing in this section precludes the department from recouping such additional support payments from the child's parents or other legally obligated person as required to qualify for receipt of federal funds. The department may adopt such rules dealing with liability for recoupment of support, treatment, or confinement costs as may become necessary to entitle the state to participate in federal funds unless such rules would be expressly prohibited by law. If any law dealing with liability for recoupment of support, treatment, or confinement costs is ruled to be in conflict with federal requirements which are a prescribed condition of the allocation of federal funds, such conflicting law is declared to be inoperative solely to the extent of the conflict.
Sec. 530. RCW 13.40.300 and 1986 c 288 s 6 are each amended to read as follows:
(1) In no case may a juvenile offender be committed by the juvenile court to the department of social and health services for placement in a juvenile correctional institution beyond the juvenile offender's twenty-first birthday. A juvenile may be under the jurisdiction of the juvenile court or the authority of the department of social and health services beyond the juvenile's eighteenth birthday only if prior to the juvenile's eighteenth birthday:
(a) Proceedings are pending seeking the adjudication of a juvenile offense and the court by written order setting forth its reasons extends jurisdiction of juvenile court over the juvenile beyond his or her eighteenth birthday;
(b) The juvenile has been found guilty after a fact finding or after a plea of guilty and an automatic extension is necessary to allow for the imposition of disposition; or
(c) Disposition has been held and an automatic extension is necessary to allow for the execution and enforcement of the court's order of disposition. If an order of disposition imposes commitment to the department, then jurisdiction is automatically extended to include a period of up to twelve months of parole, in no case extending beyond the offender's twenty-first birthday.
(2) If the juvenile court previously has extended jurisdiction beyond the juvenile offender's eighteenth birthday and that period of extension has not expired, the court may further extend jurisdiction by written order setting forth its reasons.
(3) In no event may the juvenile court have authority to extend jurisdiction over any juvenile offender beyond the juvenile offender's twenty-first birthday except for the purpose of enforcing an order of restitution.
(4) Notwithstanding any extension of jurisdiction over a person pursuant to this section, the juvenile court has no jurisdiction over any offenses alleged to have been committed by a person eighteen years of age or older.
NEW SECTION. Sec. 531. The legislature finds that the number of juvenile offenders and the severity of their crimes is increasing rapidly state-wide. In addition, many juvenile offenders continue to reoffend after they are released from the juvenile justice system causing disproportionately high and expensive rates of recidivism.
The legislature further finds that juvenile criminal behavior is often the result of a lack of self-discipline, the lack of systematic work habits and ethics, the inability to deal with authority figures, and an unstable or unstructured living environment. The legislature further finds that the department of social and health services currently operates an insufficient number of confinement beds to meet the rapidly growing juvenile offender population. Together these factors are combining to produce a serious public safety hazard and the need to develop more effective and stringent juvenile punishment and rehabilitation options.
The legislature intends that juvenile offenders who enter the state rehabilitation system have the opportunity and are given the responsibility to become more effective participants in society by enhancing their personal development, work ethics, and life skills. The legislature recognizes that structured incarceration programs for juvenile offenders such as juvenile offender basic training camps, can instill the self-discipline, accountability, self-esteem, and work ethic skills that could discourage many offenders from returning to the criminal justice system. Juvenile offender basic training camp incarceration programs generally emphasize life skills training, prevocational work skills training, anger management, dealing with difficult at-home family problems and/or abuses, discipline, physical training, structured and intensive work activities, and educational classes. The legislature further recognizes that juvenile offenders can benefit from a highly structured basic training camp environment and the public can also benefit through increased public protection and reduced cost due to lowered rates of recidivism.
NEW SECTION. Sec. 532. A new section is added to chapter 13.40 RCW to read as follows:
(1) The department of social and health services shall establish and operate a medium security juvenile offender basic training camp program. The department shall site a juvenile offender basic training camp facility in the most cost-effective facility possible and shall review the possibility of using an existing abandoned and/or available state, federally, or military-owned site or facility.
(2) The department may contract under this chapter with private companies, the national guard, or other federal, state, or local agencies to operate the juvenile offender basic training camp, notwithstanding the provisions of RCW 41.06.380. Requests for proposals from possible contractors shall not call for payment on a per diem basis.
(3) The juvenile offender basic training camp shall accommodate at least seventy offenders. The beds shall count as additions to, and not be used as replacements for, existing bed capacity at existing department of social and health services juvenile facilities.
(4) The juvenile offender basic training camp shall be a structured and regimented model lasting one hundred twenty days emphasizing the building up of an offender's self-esteem, confidence, and discipline. The juvenile offender basic training camp program shall provide participants with basic education, prevocational training, work-based learning, live work, work ethic skills, conflict resolution counseling, substance abuse intervention, anger management counseling, and structured intensive physical training. The juvenile offender basic training camp program shall have a curriculum training and work schedule that incorporates a balanced assignment of these or other rehabilitation and training components for no less than sixteen hours per day, six days a week.
The department shall adopt rules for the safe and effective operation of the juvenile offender basic training camp program, standards for an offender's successful program completion, and rules for the continued after-care supervision of offenders who have successfully completed the program.
(5) Offenders eligible for the juvenile offender basic training camp option shall be those with a disposition of at least fifty-two weeks but not more than seventy-eight weeks. Violent and sex offenders shall not be eligible for the juvenile offender basic training camp program.
(6) If the court determines that the offender is eligible for the juvenile offender basic training camp option, the court may recommend that the department place the offender in the program. The department shall evaluate the offender and may place the offender in the program. No juvenile who suffers from any mental or physical problems that could endanger his or her health or drastically affect his or her performance in the program shall be admitted to or retained in the juvenile offender basic training camp program.
(7) All juvenile offenders eligible for the juvenile offender basic training camp sentencing option shall spend the first one hundred twenty days of their disposition in a juvenile offender basic training camp. If the juvenile offender's activities while in the juvenile offender basic training camp are so disruptive to the juvenile offender basic training camp program, as determined by the secretary according to rules adopted by the department, as to result in the removal of the juvenile offender from the juvenile offender basic training camp program, or if the offender cannot complete the juvenile offender basic training camp program due to medical problems, the secretary shall require that the offender be committed to a juvenile institution to serve the entire remainder of his or her disposition, less the amount of time already served in the juvenile offender basic training camp program.
(8) All offenders who successfully graduate from the one hundred twenty day juvenile offender basic training camp program shall spend the remainder of their disposition on parole in a division of juvenile rehabilitation intensive aftercare program in the local community. The program shall provide for the needs of the offender based on his or her progress in the aftercare program as indicated by ongoing assessment of those needs and progress. The intensive aftercare program shall monitor postprogram juvenile offenders and assist them to successfully reintegrate into the community. In addition, the program shall develop a process for closely monitoring and assessing public safety risks. The intensive aftercare program shall be designed and funded by the department of social and health services.
(9) The department shall also develop and maintain a data base to measure recidivism rates specific to this incarceration program. The data base shall maintain data on all juvenile offenders who complete the juvenile offender basic training camp program for a period of two years after they have completed the program. The data base shall also maintain data on the criminal activity, educational progress, and employment activities of all juvenile offenders who participated in the program. The department shall produce an outcome evaluation report on the progress of the juvenile offender basic training camp program to the appropriate committees of the legislature no later than December 12, 1996.
NEW SECTION. Sec. 533. A new section is added to chapter 9.94A RCW to read as follows:
The department is authorized to determine whether any person subject to the confines of a correctional facility would substantially benefit from successful participation in: (1) Literacy training, (2) employment skills training, or (3) educational efforts to identify and control sources of anger and, upon a determination that the person would, may require such successful participation as a condition for eligibility to obtain early release from the confines of a correctional facility.
The department shall adopt rules and procedures to administer this section.
Sec. 534. RCW 72.09.111 and 1993 sp.s. c 20 s 2 are each amended to read as follows:
(1) The secretary shall deduct from the gross wages or gratuities of each inmate working in ((class I or class II)) correctional industries work programs, ((or of any inmate earning more than the state minimum wage, other than an inmate under the jurisdiction of the division of community corrections,)) taxes and legal financial obligations. ((Following the deductions for legal financial obligations and taxes, deductions from the remaining wages or gratuities shall be)) The secretary shall develop a formula for the distribution of offender wages and gratuities.
(a) The formula shall include the following minimum deductions from class I gross wages and from all others earning at least minimum wage:
(((a) Ten)) (i) Five percent to the public safety and education account for the purpose of crime victims' compensation;
(((b))) (ii) Ten percent to a department personal inmate savings account ((until such account has a balance of at least nine hundred fifty dollars)); and
(((c) Thirty)) (iii) Twenty percent to the department to contribute to the cost of incarceration.
(b) The formula shall include the following minimum deductions from class II gross gratuities:
(i) Five percent to the public safety and education account for the purpose of crime victims' compensation;
(ii) Ten percent to a department personal inmate savings account; and
(iii) Fifteen percent to the department to contribute to the cost of incarceration.
(c) The formula shall include the following minimum deduction from class IV gross gratuities: Five percent to the department to contribute to the cost of incarceration.
(d) The formula shall include the following minimum deductions from class III gratuities: Five percent for the purpose of crime victims' compensation.
Any person sentenced to life imprisonment without possibility of release or parole under chapter 10.95 RCW shall be exempt from the requirement under (a)(ii) or (b)(ii) of this subsection((, but shall have a forty percent deduction taken under (c) of this subsection)).
The department personal inmate savings account, together with any accrued interest, shall only be available to an inmate at the time of his or her release from confinement((. Once the department personal inmate savings account for an inmate has a balance of at least nine hundred fifty dollars, the ten percent deduction shall continue to be taken and be used to contribute to the cost of incarceration)), unless the secretary determines that an emergency exists for the inmate, at which time the funds can be made available to the inmate in an amount determined by the secretary. The management of classes I, II, and IV correctional industries may establish an incentive payment for offender workers based on productivity criteria. This incentive shall be paid separately from the hourly wage/gratuity rate and shall not be subject to the specified deduction for cost of incarceration.
In the event that the offender worker's wages or gratuity is subject to garnishment for support enforcement, the crime victims' compensation, savings, and cost of incarceration deductions shall be calculated on the net wages after taxes, legal financial obligations, and garnishment.
(2) The department shall explore other methods of recovering a portion of the cost of the inmate's incarceration and for encouraging participation in work programs, including development of incentive programs that offer inmates benefits and amenities paid for only from wages earned while working in a correctional industries work program.
(3) The department shall develop the necessary administrative structure to recover inmates' wages and keep records of the amount inmates pay for the costs of incarceration and amenities. All funds deducted from inmate wages under subsection (1) of this section for the purpose of contributions to the cost of incarceration ((under subsection (1)(c) of this section)) shall be deposited in a dedicated fund with the department and shall be used only for the purpose of enhancing and maintaining correctional industries work programs until December 31, 2000, and thereafter all such funds shall be deposited in the general fund.
(4) The expansion of inmate employment in class I and class II correctional industries shall be implemented according to the following schedule:
(a) Not later than June 30, 1995, the secretary shall achieve a net increase of at least two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(b) Not later than June 30, 1996, the secretary shall achieve a net increase of at least four hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(c) Not later than June 30, 1997, the secretary shall achieve a net increase of at least six hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(d) Not later than June 30, 1998, the secretary shall achieve a net increase of at least nine hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(e) Not later than June 30, 1999, the secretary shall achieve a net increase of at least one thousand two hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994;
(f) Not later than June 30, 2000, the secretary shall achieve a net increase of at least one thousand five hundred in the number of inmates employed in class I or class II correctional industries work programs above the number so employed on June 30, 1994.
(5) It shall be in the discretion of the secretary to apportion the inmates between class I and class II depending on available contracts and resources.
Sec. 535. RCW 72.09.070 and 1993 sp.s. c 20 s 3 are each amended to read as follows:
(1) There is created a correctional industries board of directors which shall have the composition provided in RCW 72.09.080.
(2) Consistent with general department of corrections policies and procedures pertaining to the general administration of correctional facilities, the board shall establish and implement policy for correctional industries programs designed to:
(a) Offer inmates meaningful employment, work experience, and training in vocations that are specifically designed to reduce recidivism and thereby enhance public safety by providing opportunities for legitimate means of livelihood upon their release from custody;
(b) Provide industries which will reduce the tax burden of corrections and save taxpayers money through production of goods and services for sale and use;
(c) Operate correctional work programs in an effective and efficient manner which are as similar as possible to those provided by the private sector;
(d) Encourage the development of and provide for selection of, contracting for, and supervision of work programs with participating private enterprise firms;
(e) Develop and design correctional industries work programs;
(f) Invest available funds in correctional industries enterprises and meaningful work programs that minimize the impact on in-state jobs and businesses.
(3) The board of directors shall at least annually review the work performance of the director of correctional industries division with the secretary.
(4) The director of correctional industries division shall review and evaluate the productivity, funding, and appropriateness of all correctional work programs and report on their effectiveness to the board and to the secretary.
(5) The board of directors shall have the authority to identify and establish trade advisory or apprenticeship committees to advise them on correctional industries work programs. The secretary shall appoint the members of the committees.
Where a labor management trade advisory and apprenticeship committee has already been established by the department pursuant to RCW 72.62.050 the existing committee shall also advise the board of directors.
(6) The board shall develop a strategic yearly marketing plan that shall be consistent with and work towards achieving the goals established in the six-year phased expansion of class I and class II correctional industries established in RCW 72.09.111. This marketing plan shall be presented to the appropriate committees of the legislature by January 17 of each calendar year until the goals set forth in RCW 72.09.111 are achieved.
NEW SECTION. Sec. 536. Section 534 of this act shall take effect June 30, 1994.
Sec. 537. RCW 26.12.010 and 1991 c 367 s 11 are each amended to read as follows:
(1) Each superior court shall exercise the jurisdiction conferred by this chapter and while sitting in the exercise of such jurisdiction shall be known and referred to as the "family court." A family law proceeding under this chapter is any proceeding under this title or any proceeding in which the family court is requested to adjudicate or enforce the rights of the parties or their children regarding the determination or modification of parenting plans, child custody, visitation, or support, or the distribution of property or obligations.
(2) Superior court judges of a county may by majority vote, grant to the family court the power, authority, and jurisdiction, concurrent with the juvenile court, to hear and decide cases under Title 13 RCW.
Sec. 538. RCW 13.04.021 and 1988 c 232 s 3 are each amended to read as follows:
(1) The juvenile court shall be a division of the superior court. In judicial districts having more than one judge of the superior court, the judges of such court shall annually assign one or more of their number to the juvenile court division. In any judicial district having a court commissioner, the court commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear all cases under this chapter and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050. In any judicial district having a family law commissioner appointed pursuant to chapter 26.12 RCW, the family law commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear cases under chapter 13.34 RCW or any other case under Title 13 RCW as provided in RCW 26.12.010, and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050.
(2) Cases in the juvenile court shall be tried without a jury.
Sec. 539. RCW 72.76.010 and 1989 c 177 s 3 are each amended to read as follows:
The Washington intrastate corrections compact is enacted and entered into on behalf of this state by the department with any and all counties of this state legally joining in a form substantially as follows:
WASHINGTON INTRASTATE CORRECTIONS
COMPACT
A compact is entered into by and among the contracting counties and the department of corrections, signatories hereto, for the purpose of maximizing the use of existing resources and to provide adequate facilities and programs for the confinement, care, treatment, and employment of offenders.
The contracting counties and the department do solemnly agree that:
(1) As used in this compact, unless the context clearly requires otherwise:
(a) "Department" means the Washington state department of corrections.
(b) "Secretary" means the secretary of the department of corrections or designee.
(c) "Compact jurisdiction" means the department of corrections or any county of the state of Washington which has executed this compact.
(d) "Sending jurisdiction" means a county party to this agreement or the department of corrections to whom the courts have committed custody of the offender.
(e) "Receiving jurisdiction" means the department of corrections or a county party to this agreement to which an offender is sent for confinement.
(f) "Offender" means a person who has been charged with and/or convicted of an offense established by applicable statute or ordinance.
(g) "Convicted felony offender" means a person who has been convicted of a felony established by state law and is eighteen years of age or older, or who is less than eighteen years of age, but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110 or has been tried in a criminal court pursuant to RCW 13.04.030(1)(e)(iv).
(h) An "offender day" includes the first day an offender is delivered to the receiving jurisdiction, but ends at midnight of the day immediately preceding the day of the offender's release or return to the custody of the sending jurisdiction.
(i) "Facility" means any state correctional institution, camp, or other unit established or authorized by law under the jurisdiction of the department of corrections; any jail, holding, detention, special detention, or correctional facility operated by the county for the housing of adult offenders; or any contract facility, operated on behalf of either the county or the state for the housing of adult offenders.
(j) "Extraordinary medical expense" means any medical expense beyond that which is normally provided by contract or other health care providers at the facility of the receiving jurisdiction.
(k) "Compact" means the Washington intrastate corrections compact.
(2)(a) Any county may make one or more contracts with one or more counties, the department, or both for the exchange or transfer of offenders pursuant to this compact. Appropriate action by ordinance, resolution, or otherwise in accordance with the law of the governing bodies of the participating counties shall be necessary before the contract may take effect. The secretary is authorized and requested to execute the contracts on behalf of the department. Any such contract shall provide for:
(i) Its duration;
(ii) Payments to be made to the receiving jurisdiction by the sending jurisdiction for offender maintenance, extraordinary medical and dental expenses, and any participation in or receipt by offenders of rehabilitative or correctional services, facilities, programs, or treatment not reasonably included as part of normal maintenance;
(iii) Participation in programs of offender employment, if any; the disposition or crediting of any payments received by offenders on their accounts; and the crediting of proceeds from or the disposal of any products resulting from the employment;
(iv) Delivery and retaking of offenders;
(v) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving jurisdictions.
(b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant to the contract. Nothing in any contract may be inconsistent with the compact.
(3)(a) Whenever the duly constituted authorities of any compact jurisdiction decide that confinement in, or transfer of an offender to a facility of another compact jurisdiction is necessary or desirable in order to provide adequate housing and care or an appropriate program of rehabilitation or treatment, the officials may direct that the confinement be within a facility of the other compact jurisdiction, the receiving jurisdiction to act in that regard solely as agent for the sending jurisdiction.
(b) The receiving jurisdiction shall be responsible for the supervision of all offenders which it accepts into its custody.
(c) The receiving jurisdiction shall be responsible to establish screening criteria for offenders it will accept for transfer. The sending jurisdiction shall be responsible for ensuring that all transferred offenders meet the screening criteria of the receiving jurisdiction.
(d) The sending jurisdiction shall notify the sentencing courts of the name, charges, cause numbers, date, and place of transfer of any offender, prior to the transfer, on a form to be provided by the department. A copy of this form shall accompany the offender at the time of transfer.
(e) The receiving jurisdiction shall be responsible for providing an orientation to each offender who is transferred. The orientation shall be provided to offenders upon arrival and shall address the following conditions at the facility of the receiving jurisdiction:
(i) Requirements to work;
(ii) Facility rules and disciplinary procedures;
(iii) Medical care availability; and
(iv) Visiting.
(f) Delivery and retaking of inmates shall be the responsibility of the sending jurisdiction. The sending jurisdiction shall deliver offenders to the facility of the receiving jurisdiction where the offender will be housed, at the dates and times specified by the receiving jurisdiction. The receiving jurisdiction retains the right to refuse or return any offender. The sending jurisdiction shall be responsible to retake any transferred offender who does not meet the screening criteria of the receiving jurisdiction, or who is refused by the receiving jurisdiction. If the receiving jurisdiction has notified the sending jurisdiction to retake an offender, but the sending jurisdiction does not do so within a seven-day period, the receiving jurisdiction may return the offender to the sending jurisdiction at the expense of the sending jurisdiction.
(g) Offenders confined in a facility under the terms of this compact shall at all times be subject to the jurisdiction of the sending jurisdiction and may at any time be removed from the facility for transfer to another facility within the sending jurisdiction, for transfer to another facility in which the sending jurisdiction may have a contractual or other right to confine offenders, for release or discharge, or for any other purpose permitted by the laws of the state of Washington.
(h) Unless otherwise agreed, the sending jurisdiction shall provide at least one set of the offender's personal clothing at the time of transfer. The sending jurisdiction shall be responsible for searching the clothing to ensure that it is free of contraband. The receiving jurisdiction shall be responsible for providing work clothing and equipment appropriate to the offender's assignment.
(i) The sending jurisdiction shall remain responsible for the storage of the offender's personal property, unless prior arrangements are made with the receiving jurisdiction. The receiving jurisdiction shall provide a list of allowable items which may be transferred with the offender.
(j) Copies or summaries of records relating to medical needs, behavior, and classification of the offender shall be transferred by the sending jurisdiction to the receiving jurisdiction at the time of transfer. At a minimum, such records shall include:
(i) A copy of the commitment order or orders legally authorizing the confinement of the offender;
(ii) A copy of the form for the notification of the sentencing courts required by subsection (3)(d) of this section;
(iii) A brief summary of any known criminal history, medical needs, behavioral problems, and other information which may be relevant to the classification of the offender; and
(iv) A standard identification card which includes the fingerprints and at least one photograph of the offender.
Disclosure of public records shall be the responsibility of the sending jurisdiction, except for those documents generated by the receiving jurisdiction.
(k) The receiving jurisdiction shall be responsible for providing regular medical care, including prescription medication, but extraordinary medical expenses shall be the responsibility of the sending jurisdiction. The costs of extraordinary medical care incurred by the receiving jurisdiction for transferred offenders shall be reimbursed by the sending jurisdiction. The receiving jurisdiction shall notify the sending jurisdiction as far in advance as practicable prior to incurring such costs. In the event emergency medical care is needed, the sending jurisdiction shall be advised as soon as practicable after the offender is treated. Offenders who are required by the medical authority of the sending jurisdiction to take prescription medication at the time of the transfer shall have at least a three-day supply of the medication transferred to the receiving jurisdiction with the offender, and at the expense of the sending jurisdiction. Costs of prescription medication incurred after the use of the supply shall be borne by the receiving jurisdiction.
(l) Convicted offenders transferred under this agreement may be required by the receiving jurisdiction to work. Transferred offenders participating in programs of offender employment shall receive the same reimbursement, if any, as other offenders performing similar work. The receiving jurisdiction shall be responsible for the disposition or crediting of any payments received by offenders, and for crediting the proceeds from or disposal of any products resulting from the employment. Other programs normally provided to offenders by the receiving jurisdiction such as education, mental health, or substance abuse treatment shall also be available to transferred offenders, provided that usual program screening criteria are met. No special or additional programs will be provided except by mutual agreement of the sending and receiving jurisdiction, with additional expenses, if any, to be borne by the sending jurisdiction.
(m) The receiving jurisdiction shall notify offenders upon arrival of the rules of the jurisdiction and the specific rules of the facility. Offenders will be required to follow all rules of the receiving jurisdiction. Disciplinary detention, if necessary, shall be provided at the discretion of the receiving jurisdiction. The receiving jurisdiction may require the sending jurisdiction to retake any offender found guilty of a serious infraction; similarly, the receiving jurisdiction may require the sending jurisdiction to retake any offender whose behavior requires segregated or protective housing.
(n) Good-time calculations and notification of each offender's release date shall be the responsibility of the sending jurisdiction. The sending jurisdiction shall provide the receiving jurisdiction with a formal notice of the date upon which each offender is to be released from custody. If the receiving jurisdiction finds an offender guilty of a violation of its disciplinary rules, it shall notify the sending jurisdiction of the date and nature of the violation. If the sending jurisdiction resets the release date according to its good-time policies, it shall provide the receiving jurisdiction with notice of the new release date.
(o) The sending jurisdiction shall retake the offender at the receiving jurisdiction's facility on or before his or her release date, unless the sending and receiving jurisdictions shall agree upon release in some other place. The sending jurisdiction shall bear the transportation costs of the return.
(p) Each receiving jurisdiction shall provide monthly reports to each sending jurisdiction on the number of offenders of that sending jurisdiction in its facilities pursuant to this compact.
(q) Each party jurisdiction shall notify the others of its coordinator who is responsible for administrating the jurisdiction's responsibilities under the compact. The coordinators shall arrange for alternate contact persons in the event of an extended absence of the coordinator.
(r) Upon reasonable notice, representatives of any party to this compact shall be allowed to visit any facility in which another party has agreed to house its offenders, for the purpose of inspecting the facilities and visiting its offenders that may be confined in the institution.
(4) This compact shall enter into force and become effective and binding upon the participating parties when it has been executed by two or more parties. Upon request, each party county shall provide any other compact jurisdiction with a copy of a duly enacted resolution or ordinance authorizing entry into this compact.
(5) A party participating may withdraw from the compact by formal resolution and by written notice to all other parties then participating. The withdrawal shall become effective, as it pertains to the party wishing to withdraw, thirty days after written notice to the other parties. However, such withdrawal shall not relieve the withdrawing party from its obligations assumed prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing participant shall notify the other parties to retake the offenders it has housed in its facilities and shall remove to its facilities, at its own expense, offenders it has confined under the provisions of this compact.
(6) Legal costs relating to defending actions brought by an offender challenging his or her transfer to another jurisdiction under this compact shall be borne by the sending jurisdiction. Legal costs relating to defending actions arising from events which occur while the offender is in the custody of a receiving jurisdiction shall be borne by the receiving jurisdiction.
(7) The receiving jurisdiction shall not be responsible to provide legal services to offenders placed under this agreement. Requests for legal services shall be referred to the sending jurisdiction.
(8) The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution or laws of the state of Washington or is held invalid, the validity of the remainder of this compact and its applicability to any county or the department shall not be affected.
(9) Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a county or the department may have with each other or with a nonparty county for the confinement, rehabilitation, or treatment of offenders.
NEW SECTION. Sec. 540. Provisions governing exceptions to juvenile court jurisdiction in the amendments to RCW 13.04.030 contained in section 519 of this act shall apply to serious violent and violent offenses committed on or after the effective date of section 519 of this act. The criminal history which may result in loss of juvenile court jurisdiction upon the alleged commission of a serious violent or violent offense may have been acquired on, before, or after the effective date of section 519 of this act.
Sec. 541. RCW 13.50.010 and 1993 c 374 s 1 are each amended to read as follows:
(1) For purposes of this chapter:
(a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the department of social and health services and its contracting agencies, schools; and, in addition, persons or public or private agencies having children committed to their custody;
(b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;
(c) "Social file" means the juvenile court file containing the records and reports of the probation counselor;
(d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.
(2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.
(3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:
(a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency;
(b) An agency shall take reasonable steps to ((insure)) assure the security of its records and prevent tampering with them; and
(c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.
(4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.
(5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.
(6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.
(7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.
(8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment((, or to)). The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.
(9) Juvenile detention facilities shall release records to the juvenile disposition standards commission under RCW 13.40.025 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.
Sec. 542. RCW 72.09.300 and 1993 sp.s. c 21 s 8 are each amended to read as follows:
(1) Every county legislative authority shall by resolution or ordinance establish a local law and justice council. The county legislative authority shall determine the size and composition of the council, which shall include the county sheriff and a representative of the municipal police departments within the county, the county prosecutor and a representative of the municipal prosecutors within the county, a representative of the city legislative authorities within the county, a representative of the county's superior, juvenile, district, and municipal courts, the county jail administrator, the county clerk, the county risk manager, and the secretary of corrections. Officials designated may appoint representatives.
(2) A combination of counties may establish a local law and justice council by intergovernmental agreement. The agreement shall comply with the requirements of this section.
(3) The local law and justice council shall develop a local law and justice plan for the county. The council shall design the elements and scope of the plan, subject to final approval by the county legislative authority. The general intent of the plan shall include seeking means to maximize local resources including personnel and facilities, reduce duplication of services, and share resources between local and state government in order to accomplish local efficiencies without diminishing effectiveness. The plan shall also include a section on jail management. This section may include the following elements:
(a) A description of current jail conditions, including whether the jail is overcrowded;
(b) A description of potential alternatives to incarceration;
(c) A description of current jail resources;
(d) A description of the jail population as it presently exists and how it is projected to change in the future;
(e) A description of projected future resource requirements;
(f) A proposed action plan, which shall include recommendations to maximize resources, maximize the use of intermediate sanctions, minimize overcrowding, avoid duplication of services, and effectively manage the jail and the offender population;
(g) A list of proposed advisory jail standards and methods to effect periodic quality assurance inspections of the jail;
(h) A proposed plan to collect, synthesize, and disseminate technical information concerning local criminal justice activities, facilities, and procedures;
(i) A description of existing and potential services for offenders including employment services, substance abuse treatment, mental health services, and housing referral services.
(4) The council may propose other elements of the plan, which shall be subject to review and approval by the county legislative authority, prior to their inclusion into the plan.
(5) The county legislative authority may request technical assistance in developing or implementing the plan from other units or agencies of state or local government, which shall include the department, the office of financial management, and the Washington association of sheriffs and police chiefs.
(6) Upon receiving a request for assistance from a county, the department may provide the requested assistance.
(7) The secretary may adopt rules for the submittal, review, and approval of all requests for assistance made to the department. The secretary may also appoint an advisory committee of local and state government officials to recommend policies and procedures relating to the state and local correctional systems and to assist the department in providing technical assistance to local governments. The committee shall include representatives of the county sheriffs, the police chiefs, the county prosecuting attorneys, the county and city legislative authorities, and the jail administrators. The secretary may contract with other state and local agencies and provide funding in order to provide the assistance requested by counties.
(8) The department shall establish a base level of state correctional services, which shall be determined and distributed in a consistent manner state-wide. The department's contributions to any local government, approved pursuant to this section, shall not operate to reduce this base level of services.
(9) The council shall establish an advisory committee on juvenile justice proportionality. The council shall appoint the county juvenile court administrator and at least five citizens as advisory committee members. The citizen advisory committee members shall be representative of the county's ethnic and geographic diversity. The advisory committee members shall serve two-year terms and may be reappointed. The duties of the advisory committee include:
(a) Monitoring and reporting to the juvenile disposition standards commission on the proportionality, effectiveness, and cultural relevance of:
(i) The rehabilitative services offered by county and state institutions to juvenile offenders; and
(ii) The rehabilitative services offered in conjunction with diversions, deferred dispositions, community supervision, and parole;
(b) Reviewing citizen complaints regarding bias or disproportionality in that county's juvenile justice system;
(c) By September 1 of each year, beginning with 1995, submit to the juvenile disposition standards commission a report summarizing the advisory committee's findings under (a) and (b) of this subsection.
Sec. 543. RCW 13.40.070 and 1992 c 205 s 107 are each amended to read as follows:
(1) Complaints referred to the juvenile court alleging the commission of an offense shall be referred directly to the prosecutor. The prosecutor, upon receipt of a complaint, shall screen the complaint to determine whether:
(a) The alleged facts bring the case within the jurisdiction of the court; and
(b) On a basis of available evidence there is probable cause to believe that the juvenile did commit the offense.
(2) If the identical alleged acts constitute an offense under both the law of this state and an ordinance of any city or county of this state, state law shall govern the prosecutor's screening and charging decision for both filed and diverted cases.
(3) If the requirements of subsections (1) (a) and (b) of this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5), (6), and (7) of this section. If the prosecutor finds that the requirements of subsection (1) (a) and (b) of this section are not met, the prosecutor shall maintain a record, for one year, of such decision and the reasons therefor. In lieu of filing an information or diverting an offense a prosecutor may file a motion to modify community supervision where such offense constitutes a violation of community supervision.
(4) An information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting attorney and conform to chapter 10.37 RCW.
(5) Where a case is legally sufficient, the prosecutor shall file an information with the juvenile court if:
(a) An alleged offender is accused of a class A felony, a class B felony, an attempt to commit a class B felony, a class C felony listed in RCW 9.94A.440(2) as a crime against persons or listed in RCW 9A.46.060 as a crime of harassment, a class C felony that is a violation of RCW 9.41.080 or 9.41.040(1)(e), or any other offense listed in RCW 13.40.020(1) (b) or (c); or
(b) An alleged offender is accused of a felony and has a criminal history of ((at least one class A or class B felony, or two class C felonies)) any felony, or at least two gross misdemeanors, or at least two misdemeanors ((and one additional misdemeanor or gross misdemeanor, or at least one class C felony and one misdemeanor or gross misdemeanor)); or
(c) An alleged offender has previously been committed to the department; or
(d) An alleged offender has been referred by a diversion unit for prosecution or desires prosecution instead of diversion; or
(e) An alleged offender has ((three)) two or more diversion((s)) contracts on the alleged offender's criminal history; or
(f) A special allegation has been filed that the offender or an accomplice was armed with a firearm when the offense was committed.
(6) Where a case is legally sufficient the prosecutor shall divert the case if the alleged offense is a misdemeanor or gross misdemeanor or violation and the alleged ((offense(s) in combination with the alleged offender's criminal history do not exceed two offenses or violations and do not include any felonies: PROVIDED, That)) offense is the offender's first offense or violation. If the alleged offender is charged with a related offense that must or may be filed under subsections (5) and (7) of this section, a case under this subsection may also be filed.
(7) Where a case is legally sufficient and falls into neither subsection (5) nor (6) of this section, it may be filed or diverted. In deciding whether to file or divert an offense under this section the prosecutor shall be guided only by the length, seriousness, and recency of the alleged offender's criminal history and the circumstances surrounding the commission of the alleged offense.
(8) Whenever a juvenile is placed in custody or, where not placed in custody, referred to a diversionary interview, the parent or legal guardian of the juvenile shall be notified as soon as possible concerning the allegation made against the juvenile and the current status of the juvenile. Where a case involves victims of crimes against persons or victims whose property has not been recovered at the time a juvenile is referred to a diversionary unit, the victim shall be notified of the referral and informed how to contact the unit.
(9) The responsibilities of the prosecutor under subsections (1) through (8) of this section may be performed by a juvenile court probation counselor for any complaint referred to the court alleging the commission of an offense which would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court that the prosecutor will not review such complaints.
(10) The prosecutor, juvenile court probation counselor, or diversion unit may, in exercising their authority under this section or RCW 13.40.080, refer juveniles to mediation or victim offender reconciliation programs. Such mediation or victim offender reconciliation programs shall be voluntary for victims.
Sec. 544. RCW 13.40.080 and 1992 c 205 s 108 are each amended to read as follows:
(1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.
(2) A diversion agreement shall be limited to one or more of the following:
(a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;
(b) Restitution limited to the amount of actual loss incurred by the victim, and to an amount the juvenile has the means or potential means to pay;
(c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency((: PROVIDED, That)). The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; and life skills. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, if approved by the diversion unit. The state shall not be liable for costs resulting from the diversionary unit exercising the option to permit diversion agreements to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions; ((and))
(d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed; and
(e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas.
(3) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian and victims who have contacted the diversionary unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.
(4) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee. Any restitution assessed during its term may not exceed an amount which the juvenile could be reasonably expected to pay during this period. If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.
(5) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.
(6) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:
(a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;
(b) Violation of the terms of the agreement shall be the only grounds for termination;
(c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:
(i) Written notice of alleged violations of the conditions of the diversion program; and
(ii) Disclosure of all evidence to be offered against the divertee;
(d) The hearing shall be conducted by the juvenile court and shall include:
(i) Opportunity to be heard in person and to present evidence;
(ii) The right to confront and cross-examine all adverse witnesses;
(iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and
(iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.
(e) The prosecutor may file an information on the offense for which the divertee was diverted:
(i) In juvenile court if the divertee is under eighteen years of age; or
(ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.
(7) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.
(8) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.
(9) The diversion unit may refer a juvenile to community-based counseling or treatment programs.
(10) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.
The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9) ((as now or hereafter amended)). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversionary unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.
(11) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:
(a) The fact that a charge or charges were made;
(b) The fact that a diversion agreement was entered into;
(c) The juvenile's obligations under such agreement;
(d) Whether the alleged offender performed his or her obligations under such agreement; and
(e) The facts of the alleged offense.
(12) A diversionary unit may refuse to enter into a diversion agreement with a juvenile. When a diversionary unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversionary unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.
(13) A diversionary unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9) ((as now or hereafter amended)). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversionary unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.
(14) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.
(15) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community service. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.
(16) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.
NEW SECTION. Sec. 545. A new section is added to chapter 13.40 RCW to read as follows:
(1) Upon motion at least fourteen days before commencement of trial, the juvenile court has the power, after consulting the juvenile's custodial parent or parents or guardian and with the consent of the juvenile, to continue the case for a period not to exceed one year from the date of entry of the plea or finding of guilt. The court may continue the case for an additional one-year period for good cause.
(2) Any juvenile granted a deferral of adjudication under this section shall be placed under community supervision. The court may impose any conditions of supervision that it deems appropriate. Payment of restitution, as provided in RCW 13.40.190 shall also be a condition of community supervision under this section.
(3) Upon full compliance with such conditions of supervision, the court shall dismiss the case with prejudice.
(4) If the juvenile fails to comply with the terms of supervision, the court shall enter an order of adjudication and proceed to disposition. The juvenile's lack of compliance shall be determined by the judge upon written motion by the prosecutor or the juvenile's juvenile court community supervision counselor. The state shall bear the burden to prove by a preponderance of the evidence that the juvenile has failed to comply with the terms of community supervision. (5) If the juvenile agrees to a deferral of adjudication, the juvenile shall waive all rights:
(a) To a speedy trial and disposition;
(b) To call and confront witnesses; and
(c) To a hearing on the record. The adjudicatory hearing shall be limited to a reading of the court's record.
(6) A juvenile is not eligible for a deferred adjudication if:
(a) The juvenile's current offense is a sex or violent offense;
(b) The juvenile's criminal history includes any felony;
(c) The juvenile has a prior deferred adjudication; or
(d) The juvenile has had more than two diversions.
NEW SECTION. Sec. 546. A new section is added to chapter 13.40 RCW to read as follows:
Prosecutors shall develop prosecutorial filing standards. The standards shall be developed considering the recommendations contained in the January 1993 final report concerning racial disproportionality in the juvenile justice system which was conducted pursuant to section 2, chapter 234, Laws of 1991. The standards are intended for the guidance of prosecutors in the state of Washington. They are not intended to, do not, and may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law by a party in litigation with the state.
PART VI. EDUCATION
NEW SECTION. Sec. 601. (1) To the extent funding is available, by December 31, 1994, the superintendent of public instruction shall prepare, or contract to prepare, a guide of available programs and strategies pertaining to conflict resolution and other violence prevention topics. The guide shall include descriptions of curricular and training resources that are developmentally and culturally appropriate for the school populations being served, and shall include information regarding how to contact the organizations offering these resources.
(2) The superintendent of public instruction shall provide the curricular and training resources guide to those educational service districts, school districts, schools, teachers, classified staff, parents, and other interested parties who request it.
(3) In carrying out its responsibilities under this section, the superintendent of public instruction shall coordinate with other agencies engaged in related efforts, such as the department of community, trade, and economic development, and consult with educators, parents, community groups, and other interested parties.
NEW SECTION. Sec. 602. A new section is added to chapter 28A.300 RCW to read as follows:
The superintendent of public instruction shall, to the extent funding is available, contract with school districts, educational service districts, and approved in-service providers to conduct training sessions for school certificated and classified employees in conflict resolution and other violence prevention topics. The training shall be developmentally and culturally appropriate for the school populations being served and be research based. The training shall not be based solely on providing materials, but also shall include techniques on imparting these skills to students. The training sessions shall be developed in coordination with school districts, the superintendent of public instruction, parents, law enforcement agencies, human services providers, and other interested parties. The training shall be offered to school districts and school staff requesting the training, and shall be made available at locations throughout the state.
Sec. 603. RCW 28A.620.020 and 1985 c 344 s 2 are each amended to read as follows:
Notwithstanding the provisions of RCW 28B.50.250, 28B.50.530 or any other law, rule, or regulation, any school district is authorized and encouraged to provide community education programs in the form of instructional, recreational and/or service programs on a noncredit and nontuition basis, excluding fees for supplies, materials, or instructor costs, for the purpose of stimulating the full educational potential and meeting the needs of the district's residents of all ages, and making the fullest use of the district's school facilities: PROVIDED, That school districts are encouraged to provide programs for prospective parents, prospective foster parents, and prospective adoptive parents on parenting skills, violence prevention, and on the problems of child abuse and methods to avoid child abuse situations: PROVIDED FURTHER, That community education programs shall be consistent with rules and regulations promulgated by the state superintendent of public instruction governing cooperation between common schools, community college districts, and other civic and governmental organizations which shall have been developed in cooperation with the state board for community and technical colleges ((education)) and shall be programs receiving the approval of said superintendent.
NEW SECTION. Sec. 604. A new section is added to chapter 70.190 RCW to read as follows:
A community public health and safety network, based on rules adopted by the department of health, may include in its comprehensive community plans procedures for providing matching grants to school districts to support expanded use of school facilities for after-hours recreational opportunities and day care as authorized under chapter 28A.215 RCW and RCW 28A.620.010.
Sec. 605. 1993 sp.s. c 24 s 501 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR STATE ADMINISTRATION
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 34,414,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 33,106,000
Public Safety and Education Account
Appropriation.. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 338,000
Violence Reduction and Drug Enforcement
((and Education)) Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Appropriation. . . . . . . . . . . . . . . . .. . . . . $ 3,197,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 71,055,000
The appropriations in this section are subject to the following conditions and limitations:
(1) AGENCY OPERATIONS
(a) $304,000 of the general fund--state appropriation is provided solely to upgrade the student data collection capability of the superintendent of public instruction.
(b) $423,000 of the general fund--state appropriation is provided solely for certification investigation activities of the office of professional practices.
(c) $770,000 of the general fund--state appropriation is provided solely for the operation and expenses of the state board of education, including basic education assistance activities.
(((e))) (d) The entire public safety and education account appropriation is provided solely for administration of the traffic safety education program, including in-service training related to instruction in the risks of driving while under the influence of alcohol and other drugs.
(((f))) (e) $10,000 of the general fund--state appropriation is provided solely for a contract through the Washington State Institute for Public Policy at The Evergreen State College for a bilingual education conference to disseminate information on best practices in bilingual instruction, including model programs from other states, and to develop strategies for incorporating the most effective instructional methods into the state's bilingual curriculum.
(2) STATE-WIDE PROGRAMS
(a) $100,000 of the general fund--state appropriation is provided for state-wide curriculum development.
(b) $62,000 of the general fund--state appropriation is provided for operation of a K-2 education program at Pt. Roberts by the Blaine school district.
(c) $2,415,000 of the general fund--state appropriation is provided for in-service training and educational programs conducted by the Pacific science center.
(d) $70,000 of the general fund--state appropriation is provided for operation of the Cispus environmental learning center.
(e) $2,949,000 of the general fund--state appropriation is provided for educational clinics, including state support activities.
(f) $3,437,000 of the general fund--state appropriation is provided for grants for magnet schools to be distributed as recommended by the superintendent of public instruction pursuant to chapter 232, section 516(13), Laws of 1992.
(g) $4,855,000 of the general fund--state appropriation is provided for complex need grants. Grants shall be provided according to funding ratios established in LEAP Document 30B as developed on May 4, 1993, at 11:00 a.m.
(h) $3,050,000 of the violence reduction and drug enforcement ((and education)) account appropriation is provided solely for matching grants to enhance security in secondary schools. Not more than seventy-five percent of a district's total expenditures for school security in any school year may be paid from a grant under this subsection. The grants shall be expended solely for the costs of employing or contracting for building security monitors, metal detectors, or other security in secondary schools during school hours and school events. Of the amount provided in this subsection, at least $2,850,000 shall be spent for grants to districts that, during the 1988-89 school year, employed or contracted for security monitors in schools during school hours. However, these grants may be used only for increases in school district expenditures for school security over expenditure levels for the 1988-89 school year.
(i) Districts receiving allocations from subsection (2) (f) and (g) of this section shall submit an annual report to the superintendent of public instruction on the use of all district resources to address the educational needs of at-risk students in each school building.
Sec. 606. RCW 28A.600.475 and 1992 c 205 s 120 are each amended to read as follows:
(1) School districts may participate in the exchange of information with law enforcement and juvenile court officials to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g. When directed by court order or pursuant to ((any)) a lawfully issued subpoena, a school district shall make student records and information available to law enforcement officials, probation officers, court personnel, and others legally entitled to the information. Parents and students shall be notified by the school district of all ((such)) orders or subpoenas in advance of compliance with them.
(2) The social file, diversion record, police contact record, and arrest record of a student may be made available to a school district if the records are requested by the principal or school counselor. Use of the records is restricted to the principal, the school counselor, or a teacher or teachers identified by the principal as necessary for the provision of additional services to the student. The records may only be used to identify and facilitate those services offered through the school district that would be of benefit to the student. The student's records shall be made available only after providing seventy-two hours' written notice to the parent or guardian of the subject of the record and only to appropriate professional staff under the provisions of this section, section 609 of this act, and chapter 13.50 RCW unless a parent or guardian provides, prior to the release of the records, a statement indicating which records shall remain confidential until such further written release. School districts shall provide written notice of this section to parents or guardians at the time of enrollment of a student. Following the completed use of the records, the principal shall destroy the records and not permit them to be disclosed to any other person.
Sec. 607. RCW 13.50.050 and 1992 c 188 s 7 are each amended to read as follows:
(1) This section governs records relating to the commission of juvenile offenses, including records relating to diversions.
(2) The official juvenile court file of any alleged or proven juvenile offender shall be open to public inspection, unless sealed pursuant to subsection (11) of this section.
(3) All records other than the official juvenile court file are confidential and may be released only as provided in this section, RCW 13.50.010, 13.40.215, and 4.24.550.
(4) Except as otherwise provided in this section and RCW 13.50.010, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility for supervising the juvenile.
(5) Except as provided in RCW 4.24.550 or 28A.600.475, information not in an official juvenile court file concerning a juvenile or a juvenile's family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.
(6) Notwithstanding any other provision of this chapter, the release, to the juvenile or his or her attorney, of law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions.
(7) The juvenile court and the prosecutor may set up and maintain a central record-keeping system which may receive information on all alleged juvenile offenders against whom a complaint has been filed pursuant to RCW 13.40.070 whether or not their cases are currently pending before the court. The central record-keeping system may be computerized. If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the juvenile court or the prosecuting attorney when the juvenile has agreed to diversion. An offense shall not be reported as criminal history in any central record-keeping system without notification by the diversion unit of the date on which the offender agreed to diversion.
(8) Upon request of the victim of a crime or the victim's immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime against the victim and the identity of the alleged or proven juvenile offender's parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to the victim of the crime or the victim's immediate family.
(9) Subject to the rules of discovery applicable in adult criminal prosecutions, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed. The juvenile offense records of any adult convicted of a crime and placed under the supervision of the adult corrections system shall be released upon request to the adult corrections system.
(10) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (24) of this section, order the sealing of the official juvenile court file, the social file, and records of the court and of any other agency in the case.
(11) The court shall grant the motion to seal records made pursuant to subsection (10) of this section if it finds that:
(a) Two years have elapsed from the later of: (i) Final discharge of the person from the supervision of any agency charged with supervising juvenile offenders; or (ii) from the entry of a court order relating to the commission of a juvenile offense or a criminal offense;
(b) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense; and
(c) No proceeding is pending seeking the formation of a diversion agreement with that person.
(12) The person making a motion pursuant to subsection (10) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose files are sought to be sealed.
(13) If the court grants the motion to seal made pursuant to subsection (10) of this section, it shall, subject to subsection (24) of this section, order sealed the official juvenile court file, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.
(14) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and subsection (24) of this section.
(15) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order. Any conviction for any adult felony subsequent to the sealing has the effect of nullifying the sealing order for the purposes of chapter 9.94A RCW for any juvenile adjudication of guilt for a class A offense or a sex offense as defined in RCW 9.94A.030.
(16) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person who is the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (24) of this section, order the destruction of the official juvenile court file, the social file, and records of the court and of any other agency in the case.
(17) The court may grant the motion to destroy records made pursuant to subsection (16) of this section if it finds:
(a) The person making the motion is at least twenty-three years of age;
(b) The person has not subsequently been convicted of a felony;
(c) No proceeding is pending against that person seeking the conviction of a criminal offense; and
(d) The person has never been found guilty of a serious offense.
(18) A person eighteen years of age or older whose criminal history consists of only one referral for diversion may request that the court order the records in that case destroyed. The request shall be granted, subject to subsection (24) of this section, if the court finds that two years have elapsed since completion of the diversion agreement.
(19) If the court grants the motion to destroy records made pursuant to subsection (16) or (18) of this section, it shall, subject to subsection (24) of this section, order the official juvenile court file, the social file, and any other records named in the order to be destroyed.
(20) The person making the motion pursuant to subsection (16) or (18) of this section shall give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed.
(21) Any juvenile to whom the provisions of this section may apply shall be given written notice of his or her rights under this section at the time of his or her disposition hearing or during the diversion process.
(22) Nothing in this section may be construed to prevent a crime victim or a member of the victim's family from divulging the identity of the alleged or proven juvenile offender or his or her family when necessary in a civil proceeding.
(23) Any juvenile justice or care agency may, subject to the limitations in subsection (24) of this section and subparagraphs (a) and (b) of this subsection, develop procedures for the routine destruction of records relating to juvenile offenses and diversions.
(a) Records may be routinely destroyed only when the person the subject of the information or complaint has attained twenty-three years of age or older, or is eighteen years of age or older and his or her criminal history consists entirely of one diversion agreement and two years have passed since completion of the agreement.
(b) The court may not routinely destroy the official juvenile court file or recordings or transcripts of any proceedings.
(24) No identifying information held by the Washington state patrol in accordance with chapter 43.43 RCW is subject to destruction or sealing under this section. For the purposes of this subsection, identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any other data that identifies a person by physical characteristics, name, birthdate or address, but does not include information regarding criminal activity, arrest, charging, diversion, conviction or other information about a person's treatment by the criminal justice system or about the person's behavior.
(25) Information identifying child victims under age eighteen who are victims of sexual assaults by juvenile offenders is confidential and not subject to release to the press or public without the permission of the child victim or the child's legal guardian. Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Information identifying a child victim of sexual assault may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault.
NEW SECTION. Sec. 608. The Washington state school directors' association shall conduct a study to identify possible incentives to encourage schools to increase the space that is available for after-hours community use. The association shall examine incentives for both existing school facilities and for new construction. The association shall report its findings and recommendations to the legislature by November 15, 1994.
NEW SECTION. Sec. 609. (1) The department of social and health services and the superintendent of public instruction shall review all statutes and rules relative to the sharing or exchange of information about children who are the subject of reports of abuse and neglect or who are charged with criminal behavior. The department and the superintendent shall revise or adopt rules, consistent with federal guidelines, that allow educational professionals in elementary and secondary schools access to information contained in department records solely for purposes of improving the child's educational performance or attendance.
(2) The department and superintendent shall also revise or adopt rules, consistent with federal guidelines, that allows the department access to information contained in the records of a school or school district on a child who is the subject of a report of abuse or neglect solely for the purpose of improving the department's ability to respond to the report of abuse or neglect.
The department and superintendent shall report their findings and actions, including the need for statutory changes, to the legislature by December 31, 1994.
This section shall expire January 1, 1995.
NEW SECTION. Sec. 610. (1) A task force on student conduct is created. The purpose of the task force is to identify laws, rules, and practices that make it difficult for educators to manage their classrooms and schools effectively. Based on these findings, the task force shall make recommendations to the legislature, the state board of education, the superintendent of public instruction, school districts, institutions of higher education, and others regarding actions that could be taken to reduce the problems generated by disruptive students and thereby make schools more conducive to learning.
(2) Members of the task force and the chair shall be appointed by the superintendent of public instruction, and shall include, but not be limited to, representatives of parents, elementary teachers, secondary teachers, middle/junior high school vice-principals, senior high school vice-principals, classified employees, and special education educators.
(3) Staffing for the task force shall be the responsibility of the superintendent of public instruction. Personnel from the office of the superintendent may staff the task force, or the superintendent may enter into a contract with a public or private entity.
(4) The findings and recommendations of the task force shall be submitted to the entities identified in subsection (1) of this section by November 1, 1994.
(5) This section shall expire December 31, 1994.
NEW SECTION. Sec. 611. A new section is added to chapter 28A.300 RCW to read as follows:
The superintendent of public instruction and the office of the attorney general, in cooperation with the Washington state bar association, shall develop a volunteer-based conflict resolution and mediation program for use in community groups such as neighborhood organizations and the public schools. The program shall use lawyers to train students who in turn become trainers and mediators for their peers in conflict resolution.
NEW SECTION. Sec. 612. A new section is added to chapter 28A.320 RCW to read as follows:
(1) School district boards of directors may establish schools or programs which parents may choose for their children to attend in which: (a) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (b) parents are required to participate in the student's education; or (c) discipline requirements are more stringent than in other schools in the district.
(2) School district boards of directors may establish schools or programs in which: (a) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (b) parents are regularly counseled and encouraged to participate in the student's education; or (c) discipline requirements are more stringent than in other schools in the district. School boards may require that students who are subject to suspension or expulsion attend these schools or programs as a condition of continued enrollment in the school district.
(3) If students are required to wear uniforms in these programs or schools, school districts shall accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation.
(4) Nothing in this section impairs or reduces in any manner whatsoever the authority of a board under other law to impose a dress and appearance code. However, if a board requires uniforms under such other authority, it shall accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation.
PART VII. EMPLOYMENT
NEW SECTION. Sec. 701. The legislature recognizes the importance of education and employment experiences for youth and the critical role of school-to-work transition options to achieving job readiness. Therefore, in light of these priorities, the department of labor and industries is directed to accelerate its evaluation of the minor work rules adopted under chapter 49.12 RCW. The department shall report to the governor and the appropriate committees of the legislature on its evaluation of the minor work rules prior to the start of the 1995 regular legislative session.
Sec. 702. RCW 43.63A.700 and 1993 sp.s. c 25 s 401 are each amended to read as follows:
(1) The department, in cooperation with the department of revenue, the employment security department, and the office of financial management, shall approve applications submitted by local governments for designation as a ((neighborhood reinvestment area)) community empowerment zone under this section. The application shall be in the form and manner and contain such information as the department may prescribe, provided that the application for designation shall:
(a) Contain information sufficient for the director to determine if the criteria established in RCW 43.63A.710 have been met.
(b) Be submitted on behalf of the local government by its chief elected official, or, if none, by the governing body of the local government.
(c) Contain a five-year ((neighborhood reinvestment)) community empowerment plan that describes the proposed designated ((neighborhood reinvestment area's)) community empowerment zone's community development needs and present a strategy for meeting those needs. The plan shall address the following categories: Housing needs; public infrastructure needs, such as transportation, water, sanitation, energy, and drainage/flood control; other public facilities needs, such as neighborhood facilities or facilities for provision of health, education, recreation, public safety, or other services; community economic development needs, such as commercial/industrial revitalization, job creation and retention considering the unemployment and underemployment of area residents, accessibility to financial resources by area residents and businesses, investment within the area, or other related components of community economic development; and social service needs.
The local government is required to provide a description of its strategy for meeting the needs identified in this subsection (1)(c). As part of the strategy, the local government is required to identify the needs for which specific plans are currently in place and the source of funds expected to be used. For the balance of the area's needs, the local government must identify the source of funds expected to become available during the next two-year period and actions the local government will take to acquire those funds.
(d) Certify that neighborhood residents were given the opportunity to participate in the development of the five-year ((neighborhood reinvestment)) community empowerment strategy required under (c) of this subsection.
(2) No local government shall submit more than two neighborhoods to the department for possible designation as a designated ((neighborhood reinvestment area)) community empowerment zone under this section.
(3)(a) Within ninety days after January 1, 1994, the director may designate up to six designated ((neighborhood reinvestment areas)) community empowerment zones from among the applications eligible for designation as a designated ((neighborhood reinvestment area under this section)) community empowerment zone.
(b) The director shall make determinations of designated ((neighborhood reinvestment areas)) community empowerment zones on the basis of the following factors:
(i) The strength and quality of the local government commitments to meet the needs identified in the five-year ((neighborhood reinvestment)) community empowerment plan required under this section.
(ii) The level of private commitments by private entities of additional resources and contribution to the designated ((neighborhood reinvestment area)) community empowerment zone.
(iii) The potential for ((reinvestment in)) revitalization of the area as a result of designation as a designated ((neighborhood reinvestment area)) community empowerment zone.
(iv) Other factors the director ((of the department of community development)) deems necessary.
(((b))) (c) The determination of the director as to the areas designated as ((neighborhood reinvestment areas)) community empowerment zones shall be final.
Sec. 703. RCW 43.63A.710 and 1993 sp.s. c 25 s 402 are each amended to read as follows:
(1) The director may not designate an area as a designated ((neighborhood reinvestment area)) community empowerment zone unless that area meets the following requirements:
(a) The area must be designated by the legislative authority of the local government as an area to receive federal, state, and local assistance designed to increase economic, physical, or social activity in the area;
(b) The area must have at least fifty-one percent of the households in the area with incomes at or below eighty percent of the county's median income, adjusted for household size;
(c) The average unemployment rate for the area, for the most recent twelve-month period for which data is available must be at least one hundred twenty percent of the average unemployment rate of the county; and
(d) A five-year ((neighborhood reinvestment)) community empowerment plan for the area that meets the requirements of RCW 43.63A.700(1)(c) and as further defined by the director must be adopted.
(2) The director may establish, by rule, such other requirements as the director may reasonably determine necessary and appropriate to assure that the purposes of this section are satisfied.
(3) In determining if an area meets the requirements of this section, the director may consider data provided by the United States bureau of the census from the most recent census or any other reliable data that the director determines to be acceptable for the purposes for which the data is used.
Sec. 704. RCW 82.60.020 and 1993 sp.s. c 25 s 403 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Applicant" means a person applying for a tax deferral under this chapter.
(2) "Department" means the department of revenue.
(3) "Eligible area" means: (a) A county in which the average level of unemployment for the three years before the year in which an application is filed under this chapter exceeds the average state unemployment for those years by twenty percent; (b) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent; or (c) a designated ((neighborhood reinvestment area)) community empowerment zone approved under RCW 43.63A.700 .
(4)(a) "Eligible investment project" means that portion of an investment project which:
(i) Is directly utilized to create at least one new full-time qualified employment position for each three hundred thousand dollars of investment on which a deferral is requested; and
(ii) Either initiates a new operation, or expands or diversifies a current operation by expanding or renovating an existing building with costs in excess of twenty-five percent of the true and fair value of the plant complex prior to improvement; or
(iii) Acquires machinery and equipment to be used for either manufacturing or research and development if the machinery and equipment is housed in a new leased structure. The lessor/owner of the structure is not eligible for a deferral unless the underlying ownership of the buildings, machinery, and equipment vests exclusively in the same person.
(b) "Eligible investment project" does not include any portion of an investment project undertaken by a light and power business as defined in RCW 82.16.010(5) or investment projects which have already received deferrals under this chapter.
(5) "Investment project" means an investment in qualified buildings and qualified machinery and equipment, including labor and services rendered in the planning, installation, and construction of the project.
(6) "Manufacturing" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different, or useful substance or article of tangible personal property is produced for sale or commercial or industrial use and shall include the production or fabrication of specially made or custom made articles. "Manufacturing" also includes computer programming, the production of computer software, and other computer-related services, and the activities performed by research and development laboratories and commercial testing laboratories.
(7) "Person" has the meaning given in RCW 82.04.030.
(8) "Qualified buildings" means new structures used for manufacturing and research and development activities, including plant offices and warehouses or other facilities for the storage of raw material or finished goods if such facilities are an essential or an integral part of a factory, mill, plant, or laboratory used for manufacturing or research and development. If a building is used partly for manufacturing or research and development and partly for other purposes, the applicable tax deferral shall be determined by apportionment of the costs of construction under rules adopted by the department.
(9) "Qualified employment position" means a permanent full-time employee employed in the eligible investment project during the entire tax year.
(10) "Qualified machinery and equipment" means all new industrial and research fixtures, equipment, and support facilities that are an integral and necessary part of a manufacturing or research and development operation. "Qualified machinery and equipment" includes: Computers; software; data processing equipment; laboratory equipment; manufacturing components such as belts, pulleys, shafts, and moving parts; molds, tools, and dies; operating structures; and all equipment used to control or operate the machinery.
(11) "Recipient" means a person receiving a tax deferral under this chapter.
(12) "Research and development" means the development, refinement, testing, marketing, and commercialization of a product, service, or process before commercial sales have begun. As used in this subsection, "commercial sales" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.
Sec. 705. RCW 82.62.010 and 1993 sp.s. c 25 s 410 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Applicant" means a person applying for a tax credit under this chapter.
(2) "Department" means the department of revenue.
(3) "Eligible area" means: (a) A county in which the average level of unemployment for the three years before the year in which an application is filed under this chapter exceeds the average state unemployment for those years by twenty percent; (b) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent; (c) a designated ((neighborhood reinvestment area)) community empowerment zone approved under RCW 43.63A.700; or (d) subcounty areas in those counties that are not covered under (a) of this subsection that are timber impact areas as defined in RCW 43.31.601.
(4)(a) "Eligible business project" means manufacturing or research and development activities which are conducted by an applicant in an eligible area at a specific facility, provided the applicant's average full-time qualified employment positions at the specific facility will be at least fifteen percent greater in the year for which the credit is being sought than the applicant's average full-time qualified employment positions at the same facility in the immediately preceding year.
(b) "Eligible business project" does not include any portion of a business project undertaken by a light and power business as defined in RCW 82.16.010(5) or that portion of a business project creating qualified full-time employment positions outside an eligible area or those recipients of a sales tax deferral under chapter 82.61 RCW.
(5) "Manufacturing" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different, or useful substance or article of tangible personal property is produced for sale or commercial or industrial use and shall include the production or fabrication of specially made or custom made articles. "Manufacturing" also includes computer programming, the production of computer software, and other computer-related services, and the activities performed by research and development laboratories and commercial testing laboratories.
(6) "Person" has the meaning given in RCW 82.04.030.
(7) "Qualified employment position" means a permanent full-time employee employed in the eligible business project during the entire tax year.
(8) "Tax year" means the calendar year in which taxes are due.
(9) "Recipient" means a person receiving tax credits under this chapter.
(10) "Research and development" means the development, refinement, testing, marketing, and commercialization of a product, service, or process before commercial sales have begun. As used in this subsection, "commercial sales" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.
PART VIII. MEDIA
NEW SECTION. Sec. 801. The legislature finds that, to the extent that electronic media, including television, motion pictures, video games, and entertainment uses of virtual reality are conducive to increased violent behaviors, especially in children, the state has a duty to protect the public health and safety.
Many parents, educators, and others are concerned about protecting children and youth from the negative influences of the media, and want more information about media content and more control over media contact with their children.
NEW SECTION. Sec. 802. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Time/channel lock" is electronic circuitry designed to enable television owners to block display of selected times and channels from viewing.
(2) "Video" means any motion picture, television or other electronically delivered programming, or other presentation on film, video tape, or other medium designed to produce, reproduce, or project images on a screen.
(3) "Violence" means any deliberate and hostile use of overt force, or the immediate threat thereof, by an individual against another individual.
(4) "Virtual reality" means any computer or other electronic artificial-intelligence-based technology that creates an enhanced simulation or illusion of three-dimensional, real-time or near-real-time interactive reality through the use of software, specialized hardware, holograms, gloves, masks, glasses, pods, goggles, helmets, computer guns, or other items capable of producing visual, audio, tactile, or sensory effects of verisimilitude beyond those available with a personal computer.
NEW SECTION. Sec. 803. All new televisions sold in this state after January 1, 1995, shall be equipped with a time/channel lock or shall be sold with an offer to the customer to purchase a channel blocking device, or other device that enables a person to regulate a child's access to unwanted television programming. All cable television companies shall make available to all customers at the company's cost the opportunity to purchase a channel blocking device, or other device that enables a person to regulate a child's access to unwanted television programming. The commercial television sellers and cable television companies shall offer time/channel locks to their customers, when these devices are available. Notice of this availability shall be clearly made to all existing customers and to all new customers at the time of their signing up for service.
NEW SECTION. Sec. 804. All videos, video games, and virtual reality games sold or rented in this state shall clearly and prominently display a realistic age rating for appropriateness of use by end-users of the video or game. The age rating shall be researched, developed, and provided to the purchaser or renter of the video, video game, or virtual reality game, by the originator of the video or game. The originator, as used in this section, includes the manufacturer or software developer or copyright holder of the video or game.
The originator may develop the age rating in any reasonable manner, as determined by the originator, who may consult child psychologists, educators, child development specialists, pediatricians, or others as appropriate in the determination of realistic age rating. The age-rating determination shall include an objective evaluation and estimate of the number of violent incidents represented in the media material being rated.
If the originator is a member of an industry or trade association and the association develops age-rating standards that meet the provisions of this section, the originator may adopt such standards.
The age-rating information may be presented to the consumer in any readily understandable format, whether by label, code, or information sheet.
NEW SECTION. Sec. 805. Television and radio broadcast stations including cable stations, video rental companies, and print media are encouraged, as a matter of public health and safety, to broadcast public health-based, generic antiviolence public service messages. The content, style, and format of the messages shall be developed by the family policy council created under RCW 70.190.010, in coordination with its violence-reduction efforts. The messages may be produced with grant funds from the council or may be produced voluntarily by the media working with the council.
NEW SECTION. Sec. 806. The legislature finds that, as a matter of public health and safety, access by minors to violent videos and violent video games is the responsibility of parents and guardians.
Public libraries, with the exception of university, college, and community college libraries, shall establish policies on minors' access to violent videos and violent video games. Libraries shall make their policies known to the public in their communities.
Each library system shall formulate its own policies, and may, in its discretion, include public hearings, consultation with community networks as defined under chapter 70.190 RCW, or consultation with the Washington library association in the development of its policies.
NEW SECTION. Sec. 807. A new section is added to chapter 13.16 RCW to read as follows:
Motion pictures unrated after November 1968 or rated R, X, or NC-17 by the motion picture association of America shall not be shown in juvenile detention facilities or facilities operated by the division of juvenile rehabilitation in the department of social and health services.
NEW SECTION. Sec. 808. A new section is added to chapter 72.02 RCW to read as follows:
Motion pictures unrated after November 1968 or rated X or NC-17 by the motion picture association of America shall not be shown in adult correctional facilities.
NEW SECTION. Sec. 809. A new section is added to chapter 43.19 RCW to read as follows:
Notwithstanding any other provision of law, the department of general administration shall adopt a policy of refusing to purchase goods and services for the state from businesses or corporations, including parent corporations, profiting from violence-related products or services. Nothing in this section requires the department to adopt a policy that results in a refusal to purchase goods and services from a corporation that is primarily engaged in the business of producing materials intended to be used in formal educational settings. A business or corporation whose violence-related products or services are for the main purpose of national defense is exempt from this policy. Definitions and guidelines shall be developed by the department of general administration in consultation with the department of health.
NEW SECTION. Sec. 810. A new section is added to chapter 43.33A RCW to read as follows:
The state investment board shall study and examine the extent to which it maintains investments in businesses or corporations, including parent corporations, profiting from violence-related products or services.
The study shall be directed at the equities or bonds of individual companies registered with the securities and exchange commission under the investment company act of 1940 and the securities act of 1933, and shall not include stock and bond index and open or closed-end mutual funds, or forms of securitized investment other than individual corporations.
As used in this section, businesses or corporations profiting from violence-related products or services include, without limitation, companies that produce or sell weapons, ammunition, or violent toys, and corporations engaged in electronic media violence, including network and cable television, motion pictures, videos and video games, entertainment virtual reality, and the recorded music industry. Criteria for determining whether a toy or electronic media is violent or not shall be established by the board in consultation with the department of health.
The study shall not include investments in a corporation that is primarily engaged in the business of producing materials intended to be used in formal educational settings. A business or corporation whose violence-related products or services are primarily for the purpose of national defense are also exempt from this study.
The board shall report to the legislature regarding the results of its violence investment study by December 1, 1995.
NEW SECTION. Sec. 811. Sections 801 through 806 of this act shall constitute a new chapter in Title 19 RCW.
NEW SECTION. Sec. 812. Section 804 of this act shall take effect July 1, 1995.
PART IX. MISCELLANEOUS
Sec. 901. RCW 66.24.210 and 1993 c 160 s 2 are each amended to read as follows:
(1) There is hereby imposed upon all wines sold to wine wholesalers and the Washington state liquor control board, within the state a tax at the rate of twenty and one-fourth cents per liter: PROVIDED, HOWEVER, That wine sold or shipped in bulk from one winery to another winery shall not be subject to such tax. The tax provided for in this section may, if so prescribed by the board, be collected by means of stamps to be furnished by the board, or by direct payments based on wine purchased by wine wholesalers. Every person purchasing wine under the provisions of this section shall on or before the twentieth day of each month report to the board all purchases during the preceding calendar month in such manner and upon such forms as may be prescribed by the board, and with such report shall pay the tax due from the purchases covered by such report unless the same has previously been paid. Any such purchaser of wine whose applicable tax payment is not postmarked by the twentieth day following the month of purchase will be assessed a penalty at the rate of two percent a month or fraction thereof. If this tax be collected by means of stamps, every such person shall procure from the board revenue stamps representing the tax in such form as the board shall prescribe and shall affix the same to the package or container in such manner and in such denomination as required by the board and shall cancel the same prior to the delivery of the package or container containing the wine to the purchaser. If the tax is not collected by means of stamps, the board may require that every such person shall execute to and file with the board a bond to be approved by the board, in such amount as the board may fix, securing the payment of the tax. If any such person fails to pay the tax when due, the board may forthwith suspend or cancel the license until all taxes are paid.
(2) An additional tax is imposed equal to the rate specified in RCW 82.02.030 multiplied by the tax payable under subsection (1) of this section. All revenues collected during any month from this additional tax shall be transferred to the state general fund by the twenty-fifth day of the following month.
(3) An additional tax is imposed on wines subject to tax under subsection (1) of this section, at the rate of one-fourth of one cent per liter for wine sold after June 30, 1987. Such additional tax shall cease to be imposed on July 1, 2001. All revenues collected under this subsection (3) shall be disbursed quarterly to the Washington wine commission for use in carrying out the purposes of chapter 15.88 RCW.
(4) ((Until July 1, 1995,)) An additional tax is imposed on all wine subject to tax under subsection (1) of this section. The additional tax is equal to twenty-three and forty-four one-hundredths cents per liter on fortified wine as defined in RCW 66.04.010(34) when bottled or packaged by the manufacturer and one cent per liter on all other wine. All revenues collected during any month from this additional tax shall be deposited in the violence reduction and drug enforcement ((and education)) account under RCW 69.50.520 by the twenty-fifth day of the following month.
Sec. 902. RCW 66.24.290 and 1993 c 492 s 311 are each amended to read as follows:
(1) Any brewer or beer wholesaler licensed under this title may sell and deliver beer to holders of authorized licenses direct, but to no other person, other than the board; and every such brewer or beer wholesaler shall report all sales to the board monthly, pursuant to the regulations, and shall pay to the board as an added tax for the privilege of manufacturing and selling the beer within the state a tax of two dollars and sixty cents per barrel of thirty-one gallons on sales to licensees within the state and on sales to licensees within the state of bottled and canned beer shall pay a tax computed in gallons at the rate of two dollars and sixty cents per barrel of thirty-one gallons. Any brewer or beer wholesaler whose applicable tax payment is not postmarked by the twentieth day following the month of sale will be assessed a penalty at the rate of two percent per month or fraction thereof. Each such brewer or wholesaler shall procure from the board revenue stamps representing such tax in form prescribed by the board and shall affix the same to the barrel or package in such manner and in such denominations as required by the board, and shall cancel the same prior to commencing delivery from his or her place of business or warehouse of such barrels or packages. Beer shall be sold by brewers and wholesalers in sealed barrels or packages. The revenue stamps provided under this section need not be affixed and canceled in the making of resales of barrels or packages already taxed by the affixation and cancellation of stamps as provided in this section.
(2) An additional tax is imposed equal to seven percent multiplied by the tax payable under subsection (1) of this section. All revenues collected during any month from this additional tax shall be transferred to the state general fund by the twenty-fifth day of the following month.
(3) ((Until July 1, 1995,)) An additional tax is imposed on all beer subject to tax under subsection (1) of this section. The additional tax is equal to two dollars per barrel of thirty-one gallons. All revenues collected during any month from this additional tax shall be deposited in the violence reduction and drug enforcement ((and education)) account under RCW 69.50.520 by the twenty-fifth day of the following month.
(4)(a) An additional tax is imposed on all beer subject to tax under subsection (1) of this section. The additional tax is equal to ninety-six cents per barrel of thirty-one gallons through June 30, 1995, two dollars and thirty-nine cents per barrel of thirty-one gallons for the period July 1, 1995, through June 30, 1997, and four dollars and seventy-eight cents per barrel of thirty-one gallons thereafter.
(b) The additional tax imposed under this subsection does not apply to the sale of the first sixty thousand barrels of beer each year by breweries that are entitled to a reduced rate of tax under 26 U.S.C. Sec. 5051, as existing on July 1, 1993, or such subsequent date as may be provided by the board by rule consistent with the purposes of this exemption.
(c) All revenues collected from the additional tax imposed under this subsection (4) shall be deposited in the health services account under RCW 43.72.900.
(5) The tax imposed under this section shall not apply to "strong beer" as defined in this title.
Sec. 903. RCW 82.08.150 and 1993 c 492 s 310 are each amended to read as follows:
(1) There is levied and shall be collected a tax upon each retail sale of spirits, or strong beer in the original package at the rate of fifteen percent of the selling price. The tax imposed in this subsection shall apply to all such sales including sales by the Washington state liquor stores and agencies, but excluding sales to class H licensees.
(2) There is levied and shall be collected a tax upon each sale of spirits, or strong beer in the original package at the rate of ten percent of the selling price on sales by Washington state liquor stores and agencies to class H licensees.
(3) There is levied and shall be collected an additional tax upon each retail sale of spirits in the original package at the rate of one dollar and seventy-two cents per liter. The additional tax imposed in this subsection shall apply to all such sales including sales by Washington state liquor stores and agencies, and including sales to class H licensees.
(4) An additional tax is imposed equal to fourteen percent multiplied by the taxes payable under subsections (1), (2), and (3) of this section.
(5) ((Until July 1, 1995,)) An additional tax is imposed upon each retail sale of spirits in the original package at the rate of seven cents per liter. The additional tax imposed in this subsection shall apply to all such sales including sales by Washington state liquor stores and agencies, and including sales to class H licensees. All revenues collected during any month from this additional tax shall be deposited in the violence reduction and drug enforcement ((and education)) account under RCW 69.50.520 by the twenty-fifth day of the following month.
(6)(a) An additional tax is imposed upon retail sale of spirits in the original package at the rate of one and seven-tenths percent of the selling price through June 30, 1995, two and six-tenths percent of the selling price for the period July 1, 1995, through June 30, 1997, and three and four-tenths of the selling price thereafter. This additional tax applies to all such sales including sales by Washington state liquor stores and agencies, but excluding sales to class H licensees.
(b) An additional tax is imposed upon retail sale of spirits in the original package at the rate of one and one-tenth percent of the selling price through June 30, 1995, one and seven-tenths percent of the selling price for the period July 1, 1995, through June 30, 1997, and two and three-tenths of the selling price thereafter. This additional tax applies to all such sales to class H licensees.
(c) An additional tax is imposed upon each retail sale of spirits in the original package at the rate of twenty cents per liter through June 30, 1995, thirty cents per liter for the period July 1, 1995, through June 30, 1997, and forty-one cents per liter thereafter. This additional tax applies to all such sales including sales by Washington state liquor stores and agencies, and including sales to class H licensees.
(d) All revenues collected during any month from additional taxes under this subsection shall be deposited in the health services account created under RCW 43.72.900 by the twenty-fifth day of the following month.
(7) The tax imposed in RCW 82.08.020 shall not apply to sales of spirits or strong beer in the original package.
(8) The taxes imposed in this section shall be paid by the buyer to the seller, and each seller shall collect from the buyer the full amount of the tax payable in respect to each taxable sale under this section. The taxes required by this section to be collected by the seller shall be stated separately from the selling price and for purposes of determining the tax due from the buyer to the seller, it shall be conclusively presumed that the selling price quoted in any price list does not include the taxes imposed by this section.
(9) As used in this section, the terms, "spirits," "strong beer," and "package" shall have the meaning ascribed to them in chapter 66.04 RCW.
Sec. 904. RCW 82.24.020 and 1993 c 492 s 307 are each amended to read as follows:
(1) There is levied and there shall be collected as provided in this chapter, a tax upon the sale, use, consumption, handling, possession or distribution of all cigarettes, in an amount equal to the rate of eleven and one-half mills per cigarette.
(2) ((Until July 1, 1995,)) An additional tax is imposed upon the sale, use, consumption, handling, possession, or distribution of all cigarettes, in an amount equal to the rate of ((one and one-half)) five and one-fourth mills per cigarette. All revenues collected during any month from this additional tax shall be deposited in the violence reduction and drug enforcement ((and education)) account under RCW 69.50.520 by the twenty-fifth day of the following month.
(3) An additional tax is imposed upon the sale, use, consumption, handling, possession, or distribution of all cigarettes, in an amount equal to the rate of ten mills per cigarette through June 30, 1994, eleven and one-fourth mills per cigarette for the period July 1, 1994, through June 30, 1995, twenty mills per cigarette for the period July 1, 1995, through June 30, 1996, and twenty and one-half mills per cigarette thereafter. All revenues collected during any month from this additional tax shall be deposited in the health services account created under RCW 43.72.900 by the twenty-fifth day of the following month.
(4) Wholesalers and retailers subject to the payment of this tax may, if they wish, absorb one-half mill per cigarette of the tax and not pass it on to purchasers without being in violation of this section or any other act relating to the sale or taxation of cigarettes.
(5) For purposes of this chapter, "possession" shall mean both (a) physical possession by the purchaser and, (b) when cigarettes are being transported to or held for the purchaser or his or her designee by a person other than the purchaser, constructive possession by the purchaser or his or her designee, which constructive possession shall be deemed to occur at the location of the cigarettes being so transported or held.
Sec. 905. RCW 82.64.010 and 1991 c 80 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Carbonated beverage" has its ordinary meaning and includes any nonalcoholic liquid intended for human consumption which contains carbon dioxide, whether carbonation is obtained by natural or artificial means.
(2) "Previously taxed ((carbonated beverage or)) syrup" means ((a carbonated beverage or)) syrup in respect to which a tax has been paid under this chapter. ((A "previously taxed carbonated beverage" includes carbonated beverages in respect to which a tax has been paid under this chapter on the carbonated beverage or on the syrup in the carbonated beverage.))
(3) "Syrup" means a concentrated liquid which is added to carbonated water to produce a carbonated beverage.
(4) Except for terms defined in this section, the definitions in chapters 82.04, 82.08, and 82.12 RCW apply to this chapter.
Sec. 906. RCW 82.64.020 and 1991 c 80 s 2 are each amended to read as follows:
(1) A tax is imposed on each sale at wholesale of ((a carbonated beverage or)) syrup in this state. The rate of the tax shall be equal to ((eighty-four one-thousandths of a cent per ounce for carbonated beverages and seventy-five cents)) one dollar per gallon ((for syrups)). Fractional amounts shall be taxed proportionally.
(2) A tax is imposed on each sale at retail of ((a carbonated beverage or)) syrup in this state. The rate of the tax shall be equal to the rate imposed under subsection (1) of this section.
(3) Moneys collected under this chapter shall be deposited in the violence reduction and drug enforcement ((and education)) account under RCW 69.50.520.
(4) Chapter 82.32 RCW applies to the taxes imposed in this chapter. The tax due dates, reporting periods, and return requirements applicable to chapter 82.04 RCW apply equally to the taxes imposed in this chapter.
Sec. 907. RCW 82.64.030 and 1991 c 80 s 3 are each amended to read as follows:
The following are exempt from the taxes imposed in this chapter:
(1) Any successive sale of a previously taxed ((carbonated beverage or)) syrup.
(2) Any ((carbonated beverage or)) syrup that is transferred to a point outside the state for use outside the state. The department shall provide by rule appropriate procedures and exemption certificates for the administration of this exemption.
(3) Any sale at wholesale of a trademarked ((carbonated beverage or)) syrup by any person to a person commonly known as a bottler who is appointed by the owner of the trademark to manufacture, distribute, and sell such trademarked ((carbonated beverage or)) syrup within a specified geographic territory.
(4) Any sale of ((carbonated beverage or)) syrup in respect to which a tax on the privilege of possession was paid under this chapter before June 1, 1991.
Sec. 908. RCW 82.64.040 and 1991 c 80 s 7 are each amended to read as follows:
(1) Credit shall be allowed, in accordance with rules of the department, against the taxes imposed in this chapter for any ((carbonated beverage or)) syrup tax paid to another state with respect to the same ((carbonated beverage or)) syrup. The amount of the credit shall not exceed the tax liability arising under this chapter with respect to that ((carbonated beverage or)) syrup.
(2) For the purpose of this section:
(a) "((Carbonated beverage or)) Syrup tax" means a tax:
(i) That is imposed on the sale at wholesale of ((carbonated beverages or)) syrup and that is not generally imposed on other activities or privileges; and
(ii) That is measured by the volume of the ((carbonated beverage or)) syrup.
(b) "State" means (i) a state of the United States other than Washington, or any political subdivision of such other state, (ii) the District of Columbia, and (iii) any foreign country or political subdivision thereof.
NEW SECTION. Sec. 909. The following acts or parts of acts are each repealed:
(1) RCW 82.64.060 and 1991 c 80 s 5; and
(2) RCW 82.64.900 and 1989 c 271 s 509.
Sec. 910. RCW 69.50.520 and 1989 c 271 s 401 are each amended to read as follows:
The violence reduction and drug enforcement ((and education)) account is created in the state treasury. All designated receipts from RCW 9.41.110(5), 66.24.210(4), 66.24.290(3), 69.50.505(((f)(2)(i)(C))) (h)(1), 82.08.150(5), 82.24.020(2), 82.64.020, and section 420, chapter 271, Laws of 1989 shall be deposited into the account. Expenditures from the account may be used only for funding services and programs under ((this act)) chapter 271, Laws of 1989 and chapter . . ., Laws of 1994 (this act), including state incarceration costs. At least seven and one-half percent of expenditures from the account shall be used for providing grants to community networks under chapter 70.190 RCW by the family policy council.
NEW SECTION. Sec. 911. Sections 901 through 909 of this act shall be submitted as a single ballot measure to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof unless section 13, chapter 2, Laws of 1994, has been declared invalid or otherwise enjoined or stayed by a court of competent jurisdiction.
NEW SECTION. Sec. 912. Sections 905 through 908 of this act shall not be construed as affecting any existing right acquired or liability or obligation incurred, nor as affecting any proceeding instituted under those sections, before the effective date of sections 905 through 908 of this act.
NEW SECTION. Sec. 913. 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. 914. Part headings and the table of contents as used in this act do not constitute any part of the law.
NEW SECTION. Sec. 915. (1) Sections 201 through 204, 302, 323, 411, 412, 417, and 418 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
(2) Sections 904 through 908 of this act shall take effect July 1, 1995.
(3) Notwithstanding other provisions of this section, if sections 901 through 909 of this act are referred to the voters at the next succeeding general election and sections 901 through 909 of this act are rejected by the voters, then the amendments by sections 510 through 512, 519, 521, 525, and 527 of this act shall expire on July 1, 1995.
NEW SECTION. Sec. 916. Sections 401 through 410, 413 through 416, 418 through 437, and 439 through 460 of this act shall take effect July 1, 1994.
NEW SECTION. Sec. 917. Sections 540 through 545 of this act shall apply to offenses committed on or after July 1, 1994.
NEW SECTION. Sec. 918. (1) The legislature finds that the juvenile justice act of 1977, chapter 13.40 RCW, requires substantial revision. The legislature reaffirms the goals of the act, including the dual goals of punishment and rehabilitation of juvenile offenders. The legislature finds, however, that the substantive provisions of the act are too structured to achieve fully the act's goals.
The framework created by the act has diminishing relevance to today's violent and chronic offenders. Juveniles are committing increasingly violent crimes, and they are committing these violent crimes at an increasingly younger age. Simultaneously, juveniles repeatedly commit minor offenses. Dispositions prescribed by the act are not long enough to permit substantial rehabilitation of violent offenders, and minor offenders receive no meaningful intervention. The fixed system established by the act restricts the judiciary's efforts to tailor punishment and rehabilitation to the juvenile's individual needs. Additionally, substantial delays occur before the juvenile offender is held accountable for criminal acts.
(2) These problems with the juvenile justice system require substantial review. To this end, the legislature affirmatively declares its intent to undertake significant revisions to the juvenile justice act during the 1995 regular legislative session.
(3) Therefore, effective July 1, 1994, a special legislative task force is created to examine the effectiveness of the juvenile justice act of 1977, to survey alternatives to the act, and to recommend to the legislature by December 15, 1994, appropriate revisions to the juvenile justice laws.
(4) This task force shall recommend changes to the juvenile justice laws based upon and embodying the following principles:
(a) Juvenile dispositions should be based primarily on the juvenile's current offense, and the length and intensity of the disposition should increase with the severity of the offense;
(b) The juvenile justice system should hold juveniles accountable for their actions and should employ early intervention methods to prevent minor offenders from continuing their criminal conduct. Families should become more involved in the juvenile justice system;
(c) A juvenile justice system should promote positive behavioral change, and dispositions should emphasize effective, practical rehabilitation, because meaningful change is essential to preventing recidivism and consequent public harm; and
(d) Judges should have broadened discretion to tailor punishment and rehabilitation to the juvenile offender's needs. The statutes should permit use of alternative disposition options not included in current law.
(5) In formulating its recommendations, the task force shall:
(a) Evaluate the fiscal and capital planning impact of the recommended revisions to juvenile justice laws;
(b) Consult with the department of social and health services, the capital budget committee of the house of representatives, and the ways and means committee of the senate regarding the development of a master capital plan for juvenile offender confinement facilities; and
(c) Examine local resources and the implications of the recommendations on juvenile dispositions and rehabilitation at the local level.
(6) The task force established under this section shall consist of two members, who shall not be members of the same caucus, from each of the following: The house of representatives committees on corrections, judiciary, appropriations, human services, and capital budget; and the senate committees on education, law and justice, and health and human services; and four members, no more than two of whom shall be members of the same caucus, from the senate ways and means committee. The speaker of the house of representatives shall appoint the members from the house of representatives, and the president of the senate shall appoint the members from the senate. This task force shall meet and conduct hearings as often as is necessary to carry out its responsibilities under this section. The office of program research and senate committee services shall provide support staff to the task force.
(7) The task force shall receive access to all relevant information necessary to carry out its responsibilities under this section. All confidential information received by the task force under this section shall be kept confidential by members of the task force and shall not be further disseminated unless specifically authorized by state or federal law.
(8) The special task force, unless recreated by the legislature, shall cease to exist after submitting the report required under this section.
Sec. 919. 1993 sp.s. c 24 s 202 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--CHILDREN AND FAMILY SERVICES PROGRAM
General Fund--State Appropriation. . . . . .. . . . . . .. . . . . . .. . . . . .$ ((292,004,000))
283,352,000
General Fund--Federal Appropriation. . . . . . . . . . .. . . . . . .. . . . . .$ ((193,407,000))
216,172,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$ 3,722,000
TOTAL APPROPRIATION. . . . . . . . . . .. . . . . . .. . . . . .$ ((489,133,000))
503,246,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $854,000 of the drug enforcement and education account appropriation and $300,000 of the general fund--state appropriation are provided solely to contract for the operation of one pediatric interim care facility. The facility shall provide residential care for up to twelve children through two years of age. Seventy-five percent of the children served by the facility must be in need of special care as a result of substance abuse by their mothers. The facility also shall provide on-site training to biological, adoptive, or foster parents. The facility shall provide at least three months of consultation and support to parents accepting placement of children from the facility. The facility may recruit new and current foster and adoptive parents for infants served by the facility. The department shall not require case management as a condition of the contract.
(2) $700,000 of the general fund--state appropriation and $262,000 of the drug enforcement and education account appropriation are provided solely for up to three nonfacility based programs for the training, consultation, support, and recruitment of biological, foster, and adoptive parents of children through age three in need of special care as a result of substance abuse by their mothers, except that each program may serve up to three medically fragile nonsubstance-abuse-affected children. In selecting nonfacility based programs, preference shall be given to programs whose federal or private funding sources have expired or have successfully performed under the existing pediatric interim care program.
(3) In the event that the department consolidates children's services offices, the department shall ensure that services continue to be accessible to isolated communities.
(4) (($14,984,000 of the general fund--state appropriation and $14,632,000 of the general fund--federal appropriation are provided to establish a state child care block grant by July 1, 1994. The department shall develop a plan for administering the block grant which shall include: (a) A state-wide distribution formula; (b) a block grant application process that encourages the cooperative efforts of local governments, resource and referral agencies, and other not-for-profit organizations involved with child care; (c) recommendations about cost-effective ways to administer child care subsidies in rural areas of the state; and (d) recommendations for the percentage of the grant to be used for local administration. The plan shall be presented to the appropriate legislative committees by January 1, 1994.)) The department shall develop and implement a plan for removing categorical barriers to access for families needing departmental child care services. The plan shall be developed in consultation with the child care coordinating committee, and shall include strategies such as: (a) Co-location of child care eligibility workers with other relevant service providers such as resource and referral agencies; (b) development of a uniform application form and process across programs; (c) cross-training of departmental and resource and referral agency child care staff; (d) development of parent brochures; and (e) increased coordination at the local level with child care and early childhood programs operated by other agencies and governmental jurisdictions. The department shall report to appropriate committees of the legislature on the plan and its implementation status by December 1, 1994.
(5) The department shall coordinate funding totaling $400,000 from all available sources to initiate a residential teen welfare protection program in an urban county with a population over 550,000. The program shall be designed to improve employment and parenting skills of teenage mothers to reduce long-term welfare dependence. The department shall select a provider with experience in providing residential services to adolescent mothers and their infants.
(6) The family policy council under chapter 70.190 RCW shall establish procedures for locating appropriate counseling staff of participating agencies in public schools.
(((8) $8,792,000 of the general fund--state appropriation is provided solely to implement the following programs: $385,000 of this amount is provided for the medical training project on the evaluation and care of child sexual abuse, $4,784,000 of this amount is provided for contracts for domestic violence shelters and comprehensive domestic violence service planning, $2,841,000 of this amount is provided for early identification and treatment of child sexual abuse, and $782,000 of this amount is provided for sexual assault centers.))
(7) $900,000 of the general fund--state appropriation, and $225,000 of the general fund--federal appropriation, are provided solely to implement Engrossed Second Substitute Senate Bill No. 6255 (permanency planning for children). The department may transfer a portion of this amount to the legal services revolving fund for costs associated with implementation of this bill.
(8) $4,142,000 of the general fund--state appropriation and $1,858,000 of the general fund--federal appropriation are provided solely to fund prevention programs designed to address risk factors related to violent criminal acts by juveniles, child abuse and neglect, domestic violence, teen pregnancy and male parentage, suicide attempts, substance abuse, and dropping out of school. The legislature intends, through the appropriation of these funds, to address the underlying causes of violence and other at-risk behaviors of children and create an environment which promotes healthy behaviors and safe communities for children and their families.
The family policy council shall disburse funds under this subsection to community public health and safety networks who are in substantial compliance with chapter . . ., Laws of 1994 (this act) as determined by the council by rule. Funds provided under this subsection shall only be available upon application of a network to the council. The application and plan shall demonstrate the effectiveness of the program in terms of reaching its goals, specify the risk factors to be addressed and ameliorated, and provide clear and substantial evidence that additional funds will substantially improve the ability of the program to increase its effectiveness. In considering requests for funding under this section, the council may approve requests to:
(a) Provide technical assistance, planning grants, and grants of flexible funds to community public health and safety networks;
(b) Fund healthy family programs;
(c) Fund before- and after-school child care and therapeutic child care programs;
(d) Fund domestic violence programs;
(e) Fund safe schools/community programs; and
(f) Fund other services targeted at the risk factors specified in chapter . . ., Laws of 1994 (this act).
NEW SECTION. Sec. 920. Section 201, chapter . . . (section 201 of Engrossed Substitute Senate Bill No. 6244), Laws of 1994 (uncodified) is repealed.
On page 1, line 1 of the title, after "prevention;" strike the remainder of the title and insert "amending RCW 74.14A.020, 43.70.010, 70.190.005, 70.190.010, 43.101.240, 70.190.020, 70.190.030, 70.190.900, 9.41.050, 9.41.060, 9.41.070, 9.41.080, 9.41.090, 9.41.097, 9.41.098, 9.41.100, 9.41.110, 9.41.140, 9.41.190, 9.41.220, 9.41.230, 9.41.240, 9.41.250, 9.41.260, 9.41.270, 9.41.280, 9.41.290, 9.41.300, 9A.56.040, 9A.56.160, 13.40.265, 13.64.060, 42.17.318, 46.20.265, 71.05.450, 71.12.560, 72.23.080, 77.12.720, 77.16.290, 82.04.300, 82.32.030, 9A.46.050, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.137, 26.50.070, 13.32A.050, 13.32A.060, 13.32A.080, 13.32A.130, 9A.36.045, 9.94A.310, 43.20A.090, 13.04.030, 13.40.020, 13.40.0354, 13.40.0357, 13.40.160, 13.40.185, 13.40.210, 13.40.190, 13.40.220, 13.40.300, 72.09.111, 72.09.070, 26.12.010, 13.04.021, 72.76.010, 13.50.010, 72.09.300, 13.40.070, 13.40.080, 28A.620.020, 28A.600.475, 13.50.050, 43.63A.700, 43.63A.710, 82.60.020, 82.62.010, 66.24.210, 66.24.290, 82.08.150, 82.24.020, 82.64.010, 82.64.020, 82.64.030, 82.64.040, and 69.50.520; amending 1993 sp.s. c 24 s 501 (uncodified); amending 1993 sp.s c 24 s 202 (uncodified); reenacting and amending RCW 9.41.010, 9.41.040, 26.28.080, 26.26.130, 26.50.060, and 9.94A.320; adding new sections to chapter 43.70 RCW; adding new sections to chapter 70.190 RCW; adding new sections to chapter 43.41 RCW; adding a new section to chapter 43.20A RCW; adding new sections to chapter 9.41 RCW; adding a new section to chapter 9A.56 RCW; adding a new section to chapter 74.13 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.11 RCW; adding a new section to chapter 36.32 RCW; adding a new section to chapter 43.101 RCW; adding a new section to chapter 4.24 RCW; adding a new section to chapter 9.91 RCW; adding new sections to chapter 13.40 RCW; adding a new section to chapter 9.94A RCW; adding new sections to chapter 28A.300 RCW; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 13.16 RCW; adding a new section to chapter 72.02 RCW; adding a new section to chapter 43.19 RCW; adding a new section to chapter 43.33A RCW; adding a new chapter to Title 19 RCW; creating new sections; recodifying RCW 19.70.010 19.70.020, and 9.41.160; repealing RCW 70.190.900, 9.41.030, 9.41.093, 9.41.095, 9.41.130, 9.41.150, 9.41.180, 9.41.200, 9.41.210, 82.64.060, and 82.64.900; repealing section 201, chapter ... (section 201 of Engrossed Substitute Senate Bill No. 6244), Laws of 1994 (uncodified); prescribing penalties; providing effective dates; providing contingent effective dates; providing a contingent expiration date; providing for submission of certain sections of this act to a vote of the people; and declaring an emergency."
and that the Conference Committee amendment be further amended as follows:
Signed by Senators Talmadge, A. Smith; Representatives Appelwick, Morris.
MOTION
Representative Appelwick moved that the House adopt the Report of the Conference Committee on Engrossed Second Substitute House Bill No. 2319 and pass the bill as recommended by the Conference Committee.
Representatives Appelwick, Morris, Peery, Leonard, Patterson, Karahalios, Brown, J. Kohl, Shin, Conway, L. Johnson, Wineberry and Ogden spoke in favor of the motion and Representatives Padden, Edmondson, Cooke, Ballasiotes, Sehlin, Fuhrman, H. Myers, Campbell, Chandler, Casada, Sheahan, Caver, Heavey, Brough, Schoesler, Schmidt and Roland spoke against it.
Representative Appelwick again spoke in favor of the motion.
Representative Appelwick yielded to a question by Representative H. Myers.
Representative H. Myers: Is the intent of this bill to excuse the Department of Social and Health Services from any responsibility under existing laws such as the foster care statutes, the statutes covering homeless children and families, and other laws?
Representative Appelwick: No.
The Speaker called upon Representative Wang to preside.
Representative Mielke moved that the remarks of Representative Appelwick be spread upon the Journal.
The Speaker (Representative Wang presiding) divided the House. The result of the division was: 41-YEAS; 51-NAYS. The motion was not carried.
The Speaker assumed the chair.
Representative Forner demanded an oral roll call vote on the motion to adopt the Report of the Conference Committee and the demand was sustained.
ROLL CALL
The Clerk called the roll on the motion to adopt the Report of the Conference Committee on Engrossed Second Substitute House Bill No. 2319, and the motion was carried by the following vote: Yeas - 47, Nays - 46, Absent - 0, Excused - 5.
Voting yea: Representatives Anderson, Appelwick, Basich, Brown, Caver, Cole, G., Conway, Cothern, Dellwo, Dunshee, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Grant, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Meyers, R., Morris, Myers, H., Ogden, Patterson, Peery, Pruitt, Romero, Rust, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 47.
Voting nay: Representatives Backlund, Ballard, Ballasiotes, Bray, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Edmondson, Foreman, Forner, Fuhrman, Hansen, Heavey, Horn, Kremen, Linville, Lisk, Long, Mastin, McMorris, Mielke, Moak, Padden, Quall, Rayburn, Reams, Roland, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Zellinsky - 46.
Excused: Representatives Dorn, Dyer, Orr, Riley and Wood - 5.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
Representative Peery demanded a call of the House, and the demand was sustained.
CALL OF THE HOUSE
The Sergeant at Arms was instructed to lock the doors.
The Clerk called the roll and a quorum was present.
MOTIONS
On motion of Representative Peery, Representatives Dorn, Dyer, Wood and Orr were excused and the House proceeded with business under the Call of the House.
FINAL PASSAGE OF HOUSE BILL
AS RECOMMENDED BY THE CONFERENCE COMMITTEE
The Speaker stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 2319 as recommended by the Conference Committee.
Representative Padden spoke against the passage of the bill and Representative Appelwick spoke in favor of it.
Representative Forner demanded an oral roll call vote and the demand was sustained.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2319, as recommended by the Conference Committee, and the bill passed the House by the following vote: Yeas - 51, Nays - 43, Absent - 0, Excused - 4.
Voting yea: Representatives Anderson, Appelwick, Basich, Brown, Caver, Cole, G., Conway, Cothern, Dellwo, Dunshee, Eide, Fisher, G., Fisher, R., Flemming, Grant, Hansen, Holm, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Lemmon, Leonard, Linville, Long, Meyers, R., Morris, Myers, H., Ogden, Patterson, Peery, Pruitt, Riley, Romero, Rust, Scott, Shin, Sommers, Springer, Thibaudeau, Valle, Veloria, Wang, Wineberry, Wolfe and Mr. Speaker - 51.
Voting nay: Representatives Backlund, Ballard, Ballasiotes, Bray, Brough, Brumsickle, Campbell, Carlson, Casada, Chandler, Chappell, Cooke, Edmondson, Finkbeiner, Foreman, Forner, Fuhrman, Heavey, Horn, Kremen, Lisk, Mastin, McMorris, Mielke, Moak, Padden, Quall, Rayburn, Reams, Roland, Schmidt, Schoesler, Sehlin, Sheahan, Sheldon, Silver, Stevens, Talcott, Tate, Thomas, B., Thomas, L., Van Luven and Zellinsky - 43.
Excused: Representatives Dorn, Dyer, Orr and Wood - 4.
Engrossed Second Substitute House Bill No. 2319, as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
Representative Appelwick: Thank you, Mr. Speaker; Ladies and Gentlemen of the House. These omnibus bills, they are difficult for us and also place a burden that's disproportionate on others. I would like to ask you to join me in thanking the following people who have put in incredible hours and inordinate labors to keep this package in context and make sure it's accurate for us: Patty Shelledy, Kristen Lichtenberg, Margaret Allen, Bill Perry, Dave Knutson, Bob Butts, Kenny Pittman, Beth Redfield, John Woolley, Rick Neidhardt, Antonio Sanchez, Mary Oehlerich and Ken Conte; from the Code Revisor's Staff, Kyle Thiessen and from the Caucus Staff, Martha Harden and John Schlatter. This has been an extraordinary task for them to handle and I'd like for you to join me in thanking them.
With the consent of the House, the call of the House was dissolved.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
With the consent of the House, the Committee on Appropriations was relieved of House Bill No. 2699, and the bill was placed on the second reading calendar.
There being no objection, the House advanced to the sixth order of business.
SECOND READING
HOUSE BILL NO. 2699, by Representatives Wineberry, Forner, J. Kohl, Schoesler, Appelwick, Long, Thibaudeau, Ballasiotes, Lemmon, L. Johnson, Campbell, Valle, Basich, Pruitt, Rayburn, Flemming, Kremen, Sheldon, Karahalios, Conway, Springer and Quall
Creating a youthbuild violence prevention program.
The bill was read the second time.
On motion of Representative Sommers, Substitute House Bill No. 2699 was substituted for House Bill No. 2699, and the substitute bill was placed on the second reading calendar.
Substitute House Bill No. 2699 was read the second time.
Representative Wineberry moved adoption of the following amendment by Representative Wineberry:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that there is a need to:
(a) Expand the supply of permanent affordable housing for homeless individuals, low and very low-income persons, and special need populations by utilizing the energies and talents of economically disadvantaged youth;
(b) Provide economically disadvantaged youth with opportunities for meaningful work and service to their communities in helping to meet the housing needs of homeless individuals, low and very low-income persons, and special need populations;
(c) Enable economically disadvantaged youth to obtain the education and employment skills necessary to achieve economic self-sufficiency; and
(d) Foster the development of leadership skills and commitment to community development among youth in designated community empowerment zones.
(2) The legislature declares that the purpose of the Washington youthbuild program is to:
(a) Help disadvantaged youth who have dropped out of school to obtain the education and employment skills necessary to achieve economic self-sufficiency and develop leadership skills and a commitment to community development in designated community empowerment zones; and
(b) Provide funding assistance to entities implementing programs that provide comprehensive education and skills training programs designed to lead to self-sufficiency for economically disadvantaged youth.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Applicant" means a public or private nonprofit organization agency eligible to provide education and employment training under federal or state employment training programs.
(2) "Commissioner" means the commissioner of employment security.
(3) "Department" means the employment security department.
(4) "Low income" has the same meaning as in RCW 43.185A.010.
(5) "Participant" means an individual that:
(a) Is sixteen to twenty-four years of age, inclusive;
(b) Is or is a member of a very low-income household; and
(c) Is neither attending any school nor subject to a compulsory attendance law and who has not received a secondary school diploma or a certificate of equivalency for such diploma.
(6) "Very low income" means a person or household whose income is at or below fifty percent of the median family income, adjusted for household size, for the county where the household is located.
(7) "Youthbuild" means any program that provides disadvantaged youth with opportunities for employment, education, leadership development, entrepreneurial skills development, and training in the construction or rehabilitation of housing for special need populations, very low-income households, or low-income households.
NEW SECTION. Sec. 3. The Washington youthbuild program is established within the department. The commissioner, in cooperation and consultation with the director of the department of community, trade, and economic development, shall:
(1) Make grants, up to the lesser of three hundred thousand dollars or twenty-five percent of the total costs of the youthbuild activities, to applicants eligible to provide education and employment training under federal or state employment training programs, for the purpose of carrying out a wide range of multidisciplinary activities and services to assist economically disadvantaged youth under the federal opportunities for youth: Youthbuild program (106 Stat. 3723; 42 U.S.C. Sec. 8011), or locally developed youthbuild-type programs for economically disadvantaged youth; and
(2) Coordinate youth employment and training efforts under the department's jurisdiction and cooperate with other agencies and departments providing youth services to ensure that funds appropriated for the purposes of this chapter will be used to supplement funding from federal, state, local, or private sources.
NEW SECTION. Sec. 4. (1) Grants made under this chapter shall be used to fund an applicant's activities to implement a comprehensive education and employment skills training program.
(2) Activities eligible for assistance under this chapter include:
(a) Education and job skills training services and activities that include:
(i) Work experience and skills training, coordinated to the maximum extent feasible, with preapprenticeship and apprenticeship programs in construction and rehabilitation trades;
(ii) Services and activities designed to meet the educational needs of participants, including basic skills instruction and remedial education, bilingual education for participants with limited-English proficiency, secondary education services and activities designed to lead to the attainment of a high school diploma or its equivalent, and counseling and assistance in attaining postsecondary education and required financial aid;
(b) Counseling services and related activities;
(c) Activities designed to develop employment and leadership skills;
(d) Support services and need-based stipends necessary to enable the participant to participate in the program and to assist participants through support services in retaining employment;
(e) Wage stipends and benefits provided to participants; and
(f) Administrative costs of the applicant, not to exceed five percent of the amount of assistance provided under this chapter.
NEW SECTION. Sec. 5. (1) An individual selected as a participant in the youthbuild program under this chapter may be offered full-time participation for a period of not less than six months and not more than twenty-four months.
(2) An applicant's program that is selected for funding under this chapter shall be structured so that fifty percent of the time spent by the participants in the youthbuild program is devoted to educational services and activities, such as those outlined in section 4 of this act.
NEW SECTION. Sec. 6. (1) An application for a grant under this chapter shall be submitted by the applicant in such form and in accordance with the requirements as determined by the commissioner.
(2) The application for a grant under this chapter shall contain at a minimum:
(a) The amount of the grant request and its proposed use;
(b) A description of the applicant and a statement of its qualifications, including a description of the applicant's past experience with housing rehabilitation or construction with youth and youth education and employment training programs, and its relationship with local unions and apprenticeship programs and other community groups;
(c) A description of the proposed site for the program;
(d) A description of the educational and job training activities, work opportunities, and other services that will be provided to participants;
(e) A description of the proposed construction or rehabilitation activities to be undertaken and the anticipated schedule for carrying out such activities;
(f) A description of the manner in which eligible participants will be recruited and selected, including a description of arrangements which will be made with federal or state agencies, community-based organizations, local school districts, the courts of jurisdiction for status and youth offenders, shelters for homeless individuals and other agencies that serve homeless youth, foster care agencies, and other appropriate public and private agencies;
(g) A description of the special outreach efforts that will be undertaken to recruit eligible young women, including young women with dependent children;
(h) A description of how the proposed program will be coordinated with other federal, state, local, and private resources and programs, including vocational, adult, and bilingual education programs, and job training programs;
(i) Assurances that there will be a sufficient number of adequately trained supervisory personnel in the program who have attained the level of journeyman or have served an apprenticeship through the Washington state apprenticeship training council;
(j) A description of the applicant's relationship with building contractor groups and trade unions regarding their involvement in training, and the relationship of the youthbuild program with established apprenticeship and training programs;
(k) A description of activities that will be undertaken to develop the leadership skills of the participants;
(l) A description of the commitments for any additional resources to be made available to the local program from the applicant, from recipients of other federal, state, local, or private sources; and
(m) Other factors the commissioner deems necessary.
NEW SECTION. Sec. 7. (1) An applicant selected for funding under this chapter shall provide the department information on program and participant accomplishments. The information shall be provided in progress and final reports as requested by the department.
(2) The department shall prepare an initial evaluation report, which shall be made available to the governor and appropriate legislative committees, on or before December 1, 1995, on the progress of individual programs funded under this chapter. A final evaluation report shall be prepared on individual programs at the time of their completion. The final evaluation report shall include, but is not limited to, information on the effectiveness of the program, the status of program participants, and recommendations on program administration at the state and local level.
NEW SECTION. Sec. 8. A new section is added to chapter 50.67 RCW to read as follows:
In addition to its duties under this chapter, the Washington state job training coordinating council shall advise the employment security department and the department of community, trade, and economic development on the development and implementation of the Washington youthbuild program created under sections 1 through 7 of this act.
Sec. 9. RCW 43.185.070 and 1991 c 356 s 5 and 1991 c 295 s 2 are each reenacted and amended to read as follows:
(1) During each calendar year in which funds from the housing trust fund or other legislative appropriations are available for use by the department for the housing assistance program, the department shall announce to all known interested parties, and through major media throughout the state, a grant and loan application period of at least ninety days' duration. This announcement shall be made as often as the director deems appropriate for proper utilization of resources. The department shall then promptly grant as many applications as will utilize available funds less appropriate administrative costs of the department. Administrative costs paid out of the housing trust fund may not exceed four percent of annual revenues available for distribution to housing trust fund projects. In awarding funds under this chapter, the department shall provide for a geographic distribution on a state-wide basis.
(2) The department shall give first priority to applications for projects and activities which utilize existing privately owned housing stock including privately owned housing stock purchased by nonprofit public development authorities and public housing authorities as created in chapter 35.82 RCW. As used in this subsection, privately owned housing stock includes housing that is acquired by a federal agency through a default on the mortgage by the private owner. Such projects and activities shall be evaluated under subsection (3) of this section. Second priority shall be given to activities and projects which utilize existing publicly owned housing stock. All projects and activities shall be evaluated by some or all of the criteria under subsection (3) of this section, and similar projects and activities shall be evaluated under the same criteria.
(3) The department shall give preference for applications based on some or all of the criteria under this subsection, and similar projects and activities shall be evaluated under the same criteria:
(a) The degree of leveraging of other funds that will occur;
(b) The degree of commitment from programs to provide necessary habilitation and support services for projects focusing on special needs populations;
(c) Recipient contributions to total project costs, including allied contributions from other sources such as professional, craft and trade services, and lender interest rate subsidies;
(d) Local government project contributions in the form of infrastructure improvements, and others;
(e) Projects that encourage ownership, management, and other project-related responsibility opportunities;
(f) Projects that demonstrate a strong probability of serving the original target group or income level for a period of at least twenty-five years;
(g) The applicant has the demonstrated ability, stability and resources to implement the project;
(h) Projects which demonstrate serving the greatest need;
(i) Projects that provide housing for persons and families with the lowest incomes;
(j) Projects serving special needs populations which are under statutory mandate to develop community housing;
(k) Project location and access to employment centers in the region or area; ((and))
(l) Projects that provide employment and training opportunities for disadvantaged youth under a youthbuild or youthbuild-type program as defined in section 2 of this act; and
(m) Project location and access to available public transportation services.
(4) The department shall only approve applications for projects for mentally ill persons that are consistent with a regional support network six-year capital and operating plan.
NEW SECTION. Sec. 10. Sections 1 through 7 of this act shall constitute a new chapter in Title 50 RCW."
Representative Wineberry spoke in favor of the adoption of the amendment and it was adopted.
The bill was ordered engrossed. With the consent of the House, the rules were suspended, the second reading considered the third, and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2699.
Representative Wineberry spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2699, and the bill passed the House by the following vote: Yeas - 93, Nays - 1, Absent - 0, Excused - 4.
Voting yea: Representatives Anderson, Appelwick, Backlund, Ballard, Ballasiotes, Basich, Bray, Brough, Brown, Brumsickle, Campbell, Carlson, Casada, Caver, Chappell, Cole, G., Conway, Cooke, Cothern, Dellwo, Dunshee, Edmondson, Eide, Finkbeiner, Fisher, G., Fisher, R., Flemming, Foreman, Forner, Fuhrman, Grant, Hansen, Heavey, Holm, Horn, Jacobsen, Johanson, Johnson, L., Johnson, R., Jones, Karahalios, Kessler, King, Kohl, J., Kremen, Lemmon, Leonard, Linville, Lisk, Long, Mastin, McMorris, Meyers, R., Mielke, Moak, Morris, Myers, H., Ogden, Padden, Patterson, Peery, Pruitt, Quall, Rayburn, Reams, Riley, Roland, Romero, Rust, Schmidt, Schoesler, Scott, Sehlin, Sheahan, Sheldon, Shin, Silver, Sommers, Springer, Stevens, Talcott, Tate, Thibaudeau, Thomas, B., Thomas, L., Valle, Van Luven, Veloria, Wang, Wineberry, Wolfe, Zellinsky and Mr. Speaker - 93.
Voting nay: Representative Chandler - 1.
Excused: Representatives Dorn, Dyer, Orr and Wood - 4.
Engrossed Substitute House Bill No. 2699, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
March 11, 1994
Mr. Speaker:
The Senate has passed:
SECOND ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6291,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6608,
and the same are herewith transmitted.
Marty Brown, Secretary
REPORT OF CONFERENCE COMMITTEE
Includes "new item": Yes
Mr. Speaker:
Mr. President:
We of your Conference Committee, to whom was referred SENATE BILL NO. 6055, making the minimum salary for county coroners consistent with the salaries of other full time county officials, have had the same under consideration and we recommend that all previous amendments not be adopted and the attached amendment (6055 AMC CONF H4561.1) be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.17.020 and 1991 c 363 s 52 are each amended to read as follows:
The county legislative authority of each county is authorized to establish the salaries of the elected officials of the county. One-half of the salary of each prosecuting attorney shall be paid by the state. The annual salary of a county elected official shall not be less than the following:
(1) In each county with a population of one million or more: Auditor, clerk, treasurer, sheriff, members of the county legislative authority, and coroner, eighteen thousand dollars; assessor, nineteen thousand dollars; and prosecuting attorney, thirty thousand three hundred dollars;
(2) In each county with a population of from two hundred ten thousand to less than one million: Auditor, seventeen thousand six hundred dollars; clerk, seventeen thousand six hundred dollars; treasurer, seventeen thousand six hundred dollars; sheriff, nineteen thousand five hundred dollars; assessor, seventeen thousand six hundred dollars; prosecuting attorney, twenty-four thousand eight hundred dollars; members of the county legislative authority, nineteen thousand five hundred dollars; and coroner, ((sixteen)) seventeen thousand ((five)) six hundred dollars;
(3) In each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand: Auditor, sixteen thousand dollars; clerk, sixteen thousand dollars; treasurer, sixteen thousand dollars; sheriff, seventeen thousand six hundred dollars; assessor, sixteen thousand dollars; prosecuting attorney, twenty-four thousand eight hundred dollars; members of the county legislative authority, seventeen thousand six hundred dollars; and coroner, ((eight)) sixteen thousand ((eight hundred)) dollars;
(4) In each county with a population of from seventy thousand to less than one hundred twenty-five thousand: Auditor, fourteen thousand nine hundred dollars; clerk, fourteen thousand nine hundred dollars; treasurer, fourteen thousand nine hundred dollars; assessor, fourteen thousand nine hundred dollars; sheriff, fourteen thousand nine hundred dollars; prosecuting attorney, twenty-three thousand seven hundred dollars; members of the county legislative authority, fourteen thousand nine hundred dollars; and coroner, ((five)) fourteen thousand ((five)) nine hundred dollars;
(5) In each county with a population of from forty thousand to less than seventy thousand: Auditor, thirteen thousand eight hundred dollars; clerk, thirteen thousand eight hundred dollars; treasurer, thirteen thousand eight hundred dollars; assessor, thirteen thousand eight hundred dollars; sheriff, thirteen thousand eight hundred dollars; prosecuting attorney, twenty-three thousand seven hundred dollars; members of the county legislative authority, thirteen thousand eight hundred dollars; and coroner, ((four)) thirteen thousand eight hundred dollars;
(6) In each county with a population of from eighteen thousand to less than forty thousand: Auditor, twelve thousand one hundred dollars; clerk, twelve thousand one hundred dollars; treasurer, twelve thousand one hundred dollars; sheriff, twelve thousand one hundred dollars; assessor, twelve thousand one hundred dollars; prosecuting attorney in such a county in which there is no state university or college, fourteen thousand three hundred dollars; in such a county in which there is a state university or college, sixteen thousand five hundred dollars; and members of the county legislative authority, eleven thousand dollars;
(7) In each county with a population of from twelve thousand to less than eighteen thousand: Auditor, ten thousand one hundred dollars; clerk, ten thousand one hundred dollars; treasurer, ten thousand one hundred dollars; assessor, ten thousand one hundred dollars; sheriff, eleven thousand two hundred dollars; prosecuting attorney, thirteen thousand two hundred dollars; and members of the county legislative authority, nine thousand four hundred dollars;
(8) In each county with a population of from eight thousand to less than twelve thousand: Auditor, ten thousand one hundred dollars; clerk, ten thousand one hundred dollars; treasurer, ten thousand one hundred dollars; assessor, ten thousand one hundred dollars; sheriff, eleven thousand two hundred dollars; prosecuting attorney, nine thousand nine hundred dollars; and members of the county legislative authority, seven thousand dollars;
(9) In each county with a population of from five thousand to less than eight thousand: Auditor, nine thousand one hundred dollars; clerk, nine thousand one hundred dollars; treasurer, nine thousand one hundred dollars; assessor, nine thousand one hundred dollars; sheriff, ten thousand five hundred dollars; prosecuting attorney, nine thousand nine hundred dollars; and members of the county legislative authority, six thousand five hundred dollars;
(10) In each other county: Auditor, nine thousand one hundred dollars; clerk, nine thousand one hundred dollars; treasurer, nine thousand one hundred dollars; sheriff, ten thousand five hundred dollars; assessor, nine thousand one hundred dollars; prosecuting attorney, nine thousand nine hundred dollars; and members of the county legislative authority, six thousand five hundred dollars.
NEW SECTION. Sec. 2. A new section is added to chapter 36.17 RCW to read as follows:
The county legislative authority of each county is authorized to establish the salaries of the elected officials of the county. One-half of the salary of each prosecuting attorney shall be paid by the state. This section shall take effect on January 1, 1996.
Sec. 3. RCW 36.17.042 and 1977 c 42 s 1 are each amended to read as follows:
In addition to the pay periods permitted under RCW 36.17.040, the legislative authority of any county may establish a biweekly pay period where county officers and employees receive their compensation not later than seven days following the end of each two week pay period for services rendered during that pay period.
However, in a county that has assumed the rights, powers, functions, and obligations of a metropolitan municipal corporation under chapter 36.56 RCW, the county legislative authority may establish a biweekly pay period where the county officers and employees receive their compensation not later than thirteen days following the end of each two-week pay period for services rendered during that pay period.
Sec. 4. RCW 65.04.090 and Code 1881 s 2732 are each amended to read as follows:
((He)) The auditor must also endorse upon such instrument, paper, or notice, the time when and the book and page in which it is recorded, and must thereafter ((deliver it)), upon request of the person delivering the document, return the document, at the auditor's discretion, to either the party leaving the same for record((,)) or to ((his order)) that party's designee.
Sec. 5. RCW 70.08.040 and 1985 c 124 s 4 are each amended to read as follows:
Notwithstanding any provisions to the contrary contained in any city or county charter, where a combined department is established under this chapter, the director of public health under this chapter shall be appointed by the county executive of the county and the mayor of the city ((for a term of four years and until a successor is appointed and confirmed. The director of public health may be reappointed by the county executive of the county and the mayor of the city for additional four year terms)). The appointment shall be effective only upon a majority vote confirmation of the legislative authority of the county and the legislative authority of the city. The director may be removed by the county executive of the county, after consultation with the mayor of the city, upon filing a statement of reasons therefor with the legislative authorities of the county and the city.
NEW SECTION. Sec. 6. RCW 36.17.020 and 1994 c . . . s 1 (section 1 of this act), 1991 c 363 s 52, 1973 1st ex.s. c 88 s 2, 1971 ex.s. c 237 s 1, 1969 ex.s. c 226 s 1, 1967 ex.s. c 77 s 2, 1967 c 218 s 3, 1963 c 164 s 1, & 1963 c 4 s 36.17.020 are each repealed on January 1, 1996.
Sec. 7. RCW 70.95.060 and 1969 ex.s. c 134 s 6 are each amended to read as follows:
(1) The department in accordance with procedures prescribed by the Administrative Procedure Act, chapter 34.05 RCW, as now or hereafter amended, may adopt such minimum functional standards for solid waste handling as it deems appropriate. The department in adopting such standards may classify areas of the state with respect to population density, climate, geology, and other relevant factors bearing on solid waste disposal standards.
(2) Standards with an effective date on or after October 1, 1993, shall define "existing municipal solid waste landfill units" to include defined areas of land that have been permitted by a jurisdictional health department to receive, and any part of which is receiving, solid waste as of the effective date of the standard. This subsection shall apply only to landfills in counties bordering the Columbia river with a population of between eighty and one hundred thousand and counties bordering the Snake river with a population of between fifteen and twenty thousand. Furthermore, for such landfills, this subsection shall apply only as long as the landfill does not receive waste from other counties, except as provided under a contract for disposal of waste entered before October 1, 1993, and any renewals of such contract for disposal of like quantities of waste.
Sec. 8. RCW 35.82.040 and 1965 c 7 s 35.82.040 are each amended to read as follows:
When the governing body of a city adopts a resolution ((as aforesaid)) declaring that there is a need for a housing authority, it shall promptly notify the mayor of such adoption. Upon receiving such notice, the mayor shall appoint five persons as commissioners of the authority created for ((said)) the city. When the governing body of a county adopts a resolution ((as aforesaid, said body)) declaring that there is a need for a housing authority, it shall appoint five persons as commissioners of the authority created for ((said)) the county. The commissioners who are first appointed shall be designated to serve for terms of one, two, three, four and five years, respectively, from the date of their appointment, but thereafter commissioners shall be appointed ((as aforesaid)) for a term of office of five years except that all vacancies shall be filled for the unexpired term. No commissioner of an authority may be an officer or employee of the city or county for which the authority is created, unless the commissioner is an employee of a separately elected county official other than the county governing body in a county with a population of less than one hundred seventy-five thousand as of the 1990 federal census. No more than one commissioner may be an employee of a separately elected county official. A commissioner shall hold office until his or her successor has been appointed and has qualified, unless sooner removed according to this chapter. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk and ((such)) the certificate shall be conclusive evidence of the due and proper appointment of ((such)) the commissioner. A commissioner shall receive no compensation for ((his)) performing services for the authority, in any capacity, but ((he shall be)) is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties.
The powers of each authority shall be vested in the commissioners ((thereof in office from time to time)). Three commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of the commissioners present, unless in any case the bylaws of the authority shall require a larger number. The mayor (or in the case of an authority for a county, the governing body of the county) shall designate which of the commissioners appointed shall be the first ((chairman)) chair and he or she shall serve in ((the)) that capacity ((of chairman)) until the expiration of his or her term of office as commissioner. When the office of the ((chairman)) chair of the authority ((thereafter)) becomes vacant, the authority shall select a ((chairman)) chair from among its commissioners. An authority shall select from among its commissioners a vice ((chairman)) chair, and it may employ a secretary (who shall be executive director), technical experts and such other officers, agents, and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may call upon the chief law officer of the city or the county or may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper.
Sec. 9. RCW 84.36.381 and 1993 c 178 s 1 are each amended to read as follows:
A person shall be exempt from any legal obligation to pay all or a portion of the amount of excess and regular real property taxes due and payable in the year following the year in which a claim is filed, and thereafter, in accordance with the following:
(1) The property taxes must have been imposed upon a residence which was occupied by the person claiming the exemption as a principal place of residence as of ((January 1st of the year for which the exemption is claimed)) the time of filing: PROVIDED, That any person who sells, transfers, or is displaced from his or her residence may transfer his or her exemption status to a replacement residence, but no claimant shall receive an exemption on more than one residence in any year: PROVIDED FURTHER, That confinement of the person to a hospital or nursing home shall not disqualify the claim of exemption if:
(a) The residence is temporarily unoccupied;
(b) The residence is occupied by a spouse and/or a person financially dependent on the claimant for support; or
(c) The residence is rented for the purpose of paying nursing home or hospital costs;
(2) The person claiming the exemption must have owned, at the time of filing, in fee, as a life estate, or by contract purchase, the residence on which the property taxes have been imposed or if the person claiming the exemption lives in a cooperative housing association, corporation, or partnership, such person must own a share therein representing the unit or portion of the structure in which he or she resides. For purposes of this subsection, a residence owned by a marital community or owned by cotenants shall be deemed to be owned by each spouse or cotenant, and any lease for life shall be deemed a life estate;
(3) The person claiming the exemption must be sixty-one years of age or older on December 31st of the year in which the exemption claim is filed, or must have been, at the time of filing, retired from regular gainful employment by reason of physical disability: PROVIDED, That any surviving spouse of a person who was receiving an exemption at the time of the person's death shall qualify if the surviving spouse is fifty-seven years of age or older and otherwise meets the requirements of this section;
(4) The amount that the person shall be exempt from an obligation to pay shall be calculated on the basis of combined disposable income, as defined in RCW 84.36.383. If the person claiming the exemption was retired for two months or more of the ((preceding)) assessment year, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person during the months such person was retired by twelve. If the income of the person claiming exemption is reduced for two or more months of the ((preceding)) assessment year by reason of the death of the person's spouse, or when other substantial changes occur in disposable income that are likely to continue for an indefinite period of time, the combined disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of such person after ((the death of the spouse)) such occurrences by twelve. If it is necessary to estimate income to comply with this subsection, the assessor may require confirming documentation of such income prior to May 31st of the year following application.
(5)(a) A person who otherwise qualifies under this section and has a combined disposable income of twenty-six thousand dollars or less shall be exempt from all excess property taxes; and
(b)(i) A person who otherwise qualifies under this section and has a combined disposable income of eighteen thousand dollars or less but greater than fifteen thousand dollars shall be exempt from all regular property taxes on the greater of thirty thousand dollars or thirty percent of the valuation of his or her residence, but not to exceed fifty thousand dollars of the valuation of his or her residence; or
(ii) A person who otherwise qualifies under this section and has a combined disposable income of fifteen thousand dollars or less shall be exempt from all regular property taxes on the greater of thirty-four thousand dollars or fifty percent of the valuation of his or her residence.
Sec. 10. RCW 84.36.383 and 1991 c 213 s 4 are each amended to read as follows:
As used in RCW 84.36.381 through 84.36.389, except where the context clearly indicates a different meaning:
(1) The term "residence" shall mean a single family dwelling unit whether such unit be separate or part of a multiunit dwelling, including the land on which such dwelling stands not to exceed one acre. The term shall also include a share ownership in a cooperative housing association, corporation, or partnership if the person claiming exemption can establish that his or her share represents the specific unit or portion of such structure in which he or she resides. The term shall also include a single family dwelling situated upon lands the fee of which is vested in the United States or any instrumentality thereof including an Indian tribe or in the state of Washington, and notwithstanding the provisions of RCW 84.04.080((,)) and 84.04.090 ((or 84.40.250)), such a residence shall be deemed real property.
(2) The term "real property" shall also include a mobile home which has substantially lost its identity as a mobile unit by virtue of its being fixed in location upon land owned or leased by the owner of the mobile home and placed on a foundation (posts or blocks) with fixed pipe, connections with sewer, water, or other utilities: PROVIDED, That a mobile home located on land leased by the owner of the mobile home shall be subject, for tax billing, payment, and collection purposes, only to the personal property provisions of chapter 84.56 RCW and RCW 84.60.040.
(3) ((The term "preceding calendar year" shall mean the calendar year preceding the year in which the claim for exemption is to be made.
(4))) "Department" shall mean the state department of revenue.
(((5))) (4) "Combined disposable income" means the disposable income of the person claiming the exemption, plus the disposable income of his or her spouse, and the disposable income of each cotenant occupying the residence for the ((preceding calendar)) assessment year, less amounts paid by the person claiming the exemption or his or her spouse during the ((previous)) assessment year for the treatment or care of either person received in the home or in a nursing home.
(((6))) (5) "Disposable income" means adjusted gross income as defined in the federal internal revenue code, as amended prior to January 1, 1989, or such subsequent date as the director may provide by rule consistent with the purpose of this section, plus all of the following items to the extent they are not included in or have been deducted from adjusted gross income:
(a) Capital gains, other than nonrecognized gain on the sale of a principal residence under section 1034 of the federal internal revenue code, or gain excluded from income under section 121 of the federal internal revenue code to the extent it is reinvested in a new principal residence;
(b) Amounts deducted for loss;
(c) Amounts deducted for depreciation;
(d) Pension and annuity receipts;
(e) Military pay and benefits other than attendant-care and medical-aid payments;
(f) Veterans benefits other than attendant-care and medical-aid payments;
(g) Federal social security act and railroad retirement benefits;
(h) Dividend receipts; and
(i) Interest received on state and municipal bonds.
(((7))) (6) "Cotenant" means a person who resides with the person claiming the exemption and who has an ownership interest in the residence.
NEW SECTION. Sec. 11. Sections 9 and 10 of this act are effective for taxes levied for collection in 1995 and thereafter.
Sec. 12. RCW 65.16.160 and 1977 c 34 s 4 are each amended to read as follows:
(1) Whenever any county, city, or town is required by law to publish legal notices containing the full text of any proposed or adopted ordinance in a newspaper, the county, city, or town may publish a summary of the ordinance which summary shall be approved by the governing body and which shall include:
(a) The name of the county, city, or town;
(b) The formal identification or citation number of the ordinance;
(c) A descriptive title;
(d) A section-by-section summary;
(e) Any other information which the county, city, or town finds is necessary to provide a complete summary; and
(f) A statement that the full text will be mailed upon request.
However, publication of the title of an ordinance by a county authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a complete summary of that ordinance, and a section-by-section summary shall not be required.
(2) Subsection (1) of this section notwithstanding, whenever any publication is made under this section and the proposed or adopted ordinance contains provisions regarding taxation or penalties or contains legal descriptions of real property, then the sections containing this matter shall be published in full and shall not be summarized. When a legal description of real property is involved, the notice shall also include the street address or addresses of the property described, if any. In the case of descriptions covering more than one street address, the street addresses of the four corners of the area described shall meet this requirement.
(3) The full text of any ordinance which is summarized by publication under this section shall be mailed without charge to any person who requests the text from the adopting county, city, or town.
Sec. 13. RCW 58.17.140 and 1986 c 233 s 2 are each amended to read as follows:
Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from date of filing thereof unless the applicant consents to an extension of such time period or the ninety day limitation is extended to include up to twenty-one days as specified under RCW 58.17.095(3): PROVIDED, That if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency. Final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period. A final plat meeting all requirements of this chapter shall be submitted to the legislative body of the city((,)) or town((, or county)) for approval within three years of the date of preliminary plat approval: PROVIDED, That this three-year time period shall retroactively apply to any preliminary plat pending before a city((,)) or town((, or county)) as of July 24, 1983, where the authority to proceed with the filing of a final plat has not lapsed under an applicable city((,)) or town((, or county)) ordinance containing a shorter time period that was in effect when the preliminary plat was approved. An applicant who files a written request with the legislative body of the city((,)) or town((, or county)) at least thirty days before the expiration of this three-year period shall be granted one one-year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the three-year period. A final plat meeting all requirements of this chapter shall be submitted to the legislative body of the county for approval within five years of the date of preliminary plat approval. Nothing contained in this section shall act to prevent any city, town, or county from adopting by ordinance procedures which would allow ((other)) extensions of time that may or may not contain additional or altered conditions and requirements."
On page 1, line 1 of the title, after "counties;" strike the remainder of the title and insert "amending RCW 36.17.020, 36.17.042, 65.04.090, 70.08.040, 70.95.060, 35.82.040, 84.36.381, 84.36.383, 65.16.160, and 58.17.140; adding a new section to chapter 36.17 RCW; creating a new section; and repealing RCW 36.17.020."
and the bill do pass as recommended by the Conference Committee.
Signed by Senators Haugen, Winsley, Loveland; Representatives H. Myers, Springer.
MOTION
Representative H. Myers moved that the House adopt the Report of the Conference Committee on Senate Bill No. 6055 and pass the bill as recommended by the Conference Committee.
Representative Rust: Mr. Speaker, I request a ruling on the scope and object of Section 7 of the Conference Committee report on Senate Bill No. 6055.
SPEAKER'S RULING
The Speaker has examined the bill as passed by the Senate and the House, and the Report of the Conference Committee as it pertains to section 7.
The bill is broadly titled an act relating to counties. As introduced and passed by the Senate, the bill amended title 36 RCW to increase the minimum salaries paid to county coroners. As amended and passed by the House the bill included several additional provisions. It gave prospective authority to counties to set salaries for elected officials, authorized a time lag in payment of salaries for Metro-King County employees, expanded the authority of county auditors regarding the return of documents filed for endorsement and recording, and eliminated the term of office for certain public health directors.
Section 7 of the Conference Committee Report amends Chapter 70.95 RCW, solid waste management. It allows certain landfills in two counties to operate under the standards in place when they were first approved. While the section references counties, its effect is to change the authority of the Department of Ecology rather than the authority of counties.
The Speaker therefore finds that the Conference Committee Report does change the scope and object of the bill and that the point of order is well taken.
With the consent of the House, further consideration of Senate Bill No. 6055 was deferred.
REPORT OF CONFERENCE COMMITTEE
Includes "new item": Yes
Mr. Speaker:
Mr. President:
We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 6244, an act relating to fiscal matters, have had the same under consideration and we recommend that the House amendment (H-4310.4) adopted February 25, 1994, not be adopted and that the Conference Committee striking amendment (attached S-5965.2) be adopted:
Strike everything after the enacting clause and insert the following:
"PART I
GENERAL GOVERNMENT
Sec. 101. 1993 sp.s. c 24 s 101 (uncodified) is amended to read as follows:
FOR THE HOUSE OF REPRESENTATIVES
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((46,189,000))
45,515,000
The appropriation in this section is subject to the following conditions and limitations: $250,000 is provided solely for the fiscal accountability project.
Sec. 102. 1993 sp.s. c 24 s 102 (uncodified) is amended to read as follows:
FOR THE SENATE
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((35,457,000))
34,998,000
The appropriation in this section is subject to the following conditions and limitations: $250,000 is provided solely for the fiscal accountability project.
NEW SECTION. Sec. 103. A new section is added to 1993 sp.s. c 24 (uncodified) to read as follows:
FOR THE WASHINGTON PERFORMANCE PARTNERSHIP COUNCIL
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 500,000
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for implementation of Engrossed Senate Bill No. 6601 (Washington performance partnership).
Sec. 104. 1993 sp.s. c 24 s 103 (uncodified) is amended to read as follows:
FOR THE LEGISLATIVE BUDGET COMMITTEE
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,067,000))
2,426,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 565,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((2,632,000))
2,991,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $565,000 of the health services account--state appropriation is provided solely for studies required by Engrossed Second Substitute Senate Bill No. 5304. If that bill is not enacted by June 30, 1993, the health services account appropriation shall lapse.
(2) $18,800 is provided for the legislative budget committee to review the department of veterans affairs, the Washington soldiers' home, and the Washington veterans' home to implement Engrossed House Bill No. 1437 to the extent permitted by the amount provided.
(3) $250,000 of the general fund appropriation is provided solely for K-12 fiscal studies subject to the following conditions and limitations:
(a) The legislative budget committee shall execute an interagency agreement with the institute for public policy for a study of special education. Prior to conducting the study, the institute shall develop a study design in consultation with the fiscal committees of the legislature and the superintendent of public instruction. The institute shall determine the resources necessary to conduct the study based on the criteria established in the study design. To the greatest extent possible, the institute shall obtain commitments for resources from public agencies that are able to provide assistance for the study.
(b) The legislative budget committee shall execute an interagency agreement with the institute for public policy for a longitudinal study of outcomes in special education.
Prior to conducting the study, the institute shall develop a study design in consultation with the fiscal committees of the legislature. The institute shall determine the resources necessary to conduct the study based on the criteria established in the study design. To the greatest extent possible, the institute shall obtain commitments for resources from public agencies that are able to provide assistance for the study.
(c) The legislative budget committee shall conduct the following K-12 studies:
(i) Federal and state learning assistance programs; and
(ii) Inservice education.
Prior to conducting each study, the legislative budget committee shall develop a study design in consultation with the fiscal committees of the legislature. The legislative budget committee shall determine the resources necessary to conduct the studies based on the criteria established in the study design. To the greatest extent possible, the legislative budget committee shall obtain commitments for resources from public agencies that are able to provide assistance for the studies.
(d) Initial reports on each study under this subsection shall be provided to the appropriate committees of the legislature and the office of financial management on December 15, 1994.
(4) $75,000 of the general fund--state appropriation is provided solely for a study of the state lottery. The study may include, but is not limited to: (a) The cost effectiveness of advertising, prize size, the mix of existing games and introduction of new games as the new games relate to lottery and state revenue; (b) the effect of advertising on problem gambling; and (c) an analysis of the lottery's administrative budget in relation to similar public and private concerns in other states and countries. The legislative budget committee shall submit a progress report to the appropriate policy and fiscal committees of the legislature by December 1, 1994, and shall submit a final report to those committees by March 1, 1995.
Sec. 105. 1993 sp.s. c 24 s 104 (uncodified) is amended to read as follows:
FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,400,000))
2,477,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The legislative evaluation and accountability program committee, in conjunction with the K-12 legislative fiscal study committee established under chapter 336, Laws of 1993, shall prepare a study of vocational education programs for grades 9 through 12 funded through the K-12 apportionment formula of the budget. The study shall address: The historical reasons for the staffing ratios contained in the state apportionment formula; the changes in vocational instruction in the information and technology age; and the instructional requirements of integrated vocational and academic programs, traditional vocational programs, and skill center programs. The study shall include an analysis of state funding and school district expenditures in a sample of school districts engaged in the different types of vocational education programs. The study shall be submitted to the office of financial management and the fiscal committees of the legislature by December 15, 1994.
(2) $125,000 of the general fund--state appropriation is provided for the legislative evaluation and accountability program (LEAP) committee to establish a public and private sector work group to plan the transition of the department of social and health services' automated client eligibility system (ACES) to a more flexible architecture or open computer system. The LEAP committee shall report the results of the work group's efforts to the fiscal committees of the legislature and the office of financial management by December 1, 1994. The work group's efforts may be examined by the LEAP committee for applicability to other issues related to state-wide information services delivery.
Sec. 106. 1993 sp.s. c 24 s 106 (uncodified) is amended to read as follows:
FOR THE JOINT LEGISLATIVE SYSTEMS COMMITTEE
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((9,480,000))
9,572,000
The appropriation in this section is subject to the following conditions and limitations: The appropriation shall be transferred to the legislative systems revolving fund.
Sec. 107. 1993 sp.s. c 24 s 107 (uncodified) is amended to read as follows:
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((5,952,000))
5,833,000
The appropriation in this section is subject to the following conditions and limitations: $10,000 is provided for the expenses of the law revision commission under chapter 1.30 RCW.
Sec. 108. 1993 sp.s. c 24 s 109 (uncodified) is amended to read as follows:
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((9,769,000))
9,586,000
The appropriation in this section is subject to the following conditions and limitations: The supreme court is directed to fully recover all costs, including staff costs, associated with publishing supreme court opinions by the reporter of decisions.
Sec. 109. 1993 sp.s. c 24 s 111 (uncodified) is amended to read as follows:
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((17,117,000))
17,484,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $83,000 is provided solely for an additional judicial position for the court of appeals, division II, district 3, as authorized under chapter 420, Laws of 1993 (Engrossed Substitute House Bill No. 1734).
(2) $52,000 is provided solely for an additional judicial position for the court of appeals, division II, district 2, as authorized under chapter 420, Laws of 1993 (Engrossed Substitute House Bill No. 1734).
(3) $232,000 is provided solely for costs associated with the additional judicial positions funded in subsections (1) and (2) of this section.
(4) Subsection (1) of this section shall take effect November 1, 1994.
(5) Subsection (2) of this section shall take effect February 1, 1995.
Sec. 110. 1993 sp.s. c 24 s 112 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON JUDICIAL CONDUCT
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((1,013,000))
1,067,000
The appropriation in this section is subject to the following conditions and limitations: $68,000 is provided solely to implement Substitute Senate Bill No. 6111 (ethics for state officers and employees). If the bill is not enacted by June 30, 1994, the amount provided shall lapse.
Sec. 111. 1993 sp.s. c 24 s 113 (uncodified) is amended to read as follows:
FOR THE ADMINISTRATOR FOR THE COURTS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((24,418,000))
24,029,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 36,102,000
Judicial Information System Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((655,000))
5,277,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 117,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 6,510,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((67,802,000))
72,035,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($24,107,000)) $23,699,000 of the general fund appropriation is provided solely for the superior court judges program. Of this amount, a maximum of $20,000 may be used to reimburse county superior courts for superior court judges temporarily assigned to other counties that are experiencing large and sudden surges in criminal filings. Reimbursement shall be limited to per diem and travel expenses of assigned judges.
(2) $110,000 of the general fund appropriation is provided solely to implement Substitute Senate Bill No. 5753 (judgeship for Cowlitz county). If the bill is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(3) $6,510,000 of the drug enforcement and education account appropriation is provided solely for the continuation of treatment-alternatives-to-street-crimes (TASC) programs in Pierce, Snohomish, Clark, King, Spokane, and Yakima counties.
(4) The administrator for the courts shall provide data processing support to the department of social and health services' division of juvenile rehabilitation in the allocation of grant moneys to local governments.
(5) $9,820,000 of the public safety and education account is provided solely for the indigent appeals program.
(6) $50,000 of the general fund appropriation is provided solely to implement the racial disproportionality study recommendations in Engrossed Substitute House Bill No. 1966.
(7) $170,000 of the general fund appropriation is provided solely to implement sections 3 and 11 of Engrossed Substitute House Bill No. 1084 (jury source list). The office of the administrator for the courts shall allocate funds to the counties and the department of information services for the purposes of implementing these sections.
(8) $117,000 of the health services account appropriation is provided solely for the implementation of section 418 of Engrossed Second Substitute Senate Bill No. 5304 (medical malpractice review). If section 418 of the bill is not enacted by June 30, 1993, the health services account appropriation shall lapse.
Sec. 112. 1993 sp.s. c 24 s 114 (uncodified) is amended to read as follows:
FOR THE OFFICE OF THE GOVERNOR
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((6,138,000))
6,015,000
The appropriation in this section is subject to the following conditions and limitations: $186,000 is provided solely for mansion maintenance.
Sec. 113. 1993 sp.s. c 24 s 117 (uncodified) is amended to read as follows:
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((8,049,000))
8,549,000
Archives and Records Management Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((3,160,000))
3,150,000
Personnel Service Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((612,000))
600,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((11,821,000))
12,299,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((703,532)) 702,505 of the general fund appropriation is provided solely to reimburse counties for the state's share of primary and general election costs and the costs of conducting mandatory recounts on state measures.
(2) $((2,095,465)) 2,507,000 of the general fund appropriation is provided solely for the verification of initiative and referendum petitions, maintenance of related voter registration records, legal advertising of state measures, and the publication and distribution of the voters and candidates pamphlet.
(3) The appropriation from the archives and records management account assumes that at least $250,000 will be received from local governments during the second year of the biennium to cover the costs to the state archives program of locally generated archival materials.
(4) The productivity board shall not approve any payment to, or agreement with, state employees under the teamwork incentive program under chapter 41.60 RCW unless the board determines that all expenditures savings or revenue increases recognized under the teamwork incentive program award are attributable exclusively to participating employees. Awards under the teamwork incentive program shall not exceed two thousand five hundred dollars per participating employee.
Sec. 114. 1993 sp.s. c 24 s 118 (uncodified) is amended to read as follows:
FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((297,000))
300,000
Sec. 115. 1993 sp.s. c 24 s 119 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON ASIAN-AMERICAN AFFAIRS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((336,000))
338,000
Sec. 116. 1993 sp.s. c 24 s 120 (uncodified) is amended to read as follows:
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 4,990,000
Motor Vehicle Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 44,000
State Treasurer's Service Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((9,976,000))
9,776,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((10,020,000))
14,810,000
The appropriations in this section are subject to the following conditions and limitations: (1) $((284,000)) 127,000 of the state treasurer's service account appropriation is provided solely for the information systems project known as "upgrade mainframe." Authority to expend this amount is conditioned on compliance with section 902 of this act.
(2) $4,990,000 of the general fund--state appropriation is provided solely for the state treasurer to contract with a financial institution for the establishment and administration of an escrow account. Funds in the account shall be disbursed subject to the following conditions and limitations:
(a) The financial institution shall disburse funds to a nonprofit organization designated by the office of financial management to produce gavel-to-gavel television coverage of state government deliberations and other events of state-wide significance. Nonprofit organizations eligible for designation must be formed solely for the purpose of providing gavel-to-gavel television coverage of state government deliberations and other events of state-wide significance and must have received a determination of a tax exempt status under section 501(c)(3) of the federal internal revenue code. The office of financial management may require applicants to submit a four-year financial plan, a feasibility plan, an engineering plan, and a schedule of equipment needs. By May 2, 1994, the office of financial management shall designate a qualified nonprofit organization to receive disbursements from the account. The designation shall cover the period for which funds are provided.
(b) Disbursements shall be made quarterly beginning January 1, 1995, at the request of the nonprofit organization, not to exceed $1,750,000 in fiscal year 1995, increased by three percent per year thereafter.
(c) Beginning January 1996, the designated nonprofit organization shall prepare an annual independent audit, an annual financial statement, and an annual report, including benchmarks that measure the success of the nonprofit organization in meeting the intent of the program.
(d) Placement and operation of equipment within legislative facilities shall be subject to terms and conditions established by both houses of the legislature and ratified by a two-thirds vote of both houses of the legislature by concurrent resolution.
(e) Disbursement of these funds from the account to the nonprofit organization is contingent upon the nonprofit organization receiving commitments for, or the actual receipt of, $500,000, in cash or in kind, to procure the equipment necessary to carry out the functions of the designated nonprofit organization. The nonprofit organization shall be required to raise contributions or commitments to make contributions, in cash or in kind, in an amount equal to forty percent of the appropriation in this subsection (2).
(f) No portion of any funds disbursed pursuant to this subsection may be used, directly or indirectly, for any of the following purposes:
(i) Attempting to influence: (A) The passage or defeat of any legislation by the legislature of the state of Washington, by any county, city, town, or other political subdivision of the state of Washington, or by the congress; or (B) the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency;
(ii) Making contributions reportable under chapter 42.17 RCW; or
(iii) Providing any: (A) Gift; (B) honoraria; or (C) travel, lodging, meals, or entertainment to a public officer or employee.
Sec. 117. 1993 sp.s. c 24 s 116 (uncodified) is amended to read as follows:
FOR THE PUBLIC DISCLOSURE COMMISSION
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((1,989,000))
2,178,000
The appropriation in this section is subject to the following conditions and limitations: $64,000 is provided solely for implementation of a program to provide public electronic access to records maintained by the public disclosure commission pursuant to Second Substitute Senate Bill No. 6426 (electronic access). The funds shall not be expended until the program is reviewed by the department of information services to ensure compatibility with other state information systems.
Sec. 118. 1993 sp.s. c 24 s 121 (uncodified) is amended to read as follows:
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 20,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((158,000))
155,000
Motor Vehicle Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((334,000))
327,000
Municipal Revolving Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 24,454,000
Auditing Services Revolving Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((12,018,000))
11,778,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((36,984,000))
36,734,000
The appropriations in this section are subject to the following conditions and limitations: (((1))) Audits of school districts by the division of municipal corporations shall include a finding regarding the accuracy of student enrollment data and the experience and education of the district's certificated instructional staff reported to the superintendent of public instruction for the purposes of allocation of state funding.
Sec. 119. 1993 sp.s. c 24 s 123 (uncodified) is amended to read as follows:
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((5,918,000))
6,005,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 1,632,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 175,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,249,000
Legal Services Revolving Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((96,950,000))
96,341,000
((Motor Vehicle Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 748,000))
New Motor Vehicle Arbitration Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,784,000
State Investment Board Expense Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((108,456,000))
111,186,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The attorney general shall report each fiscal year on actual legal services expenditures and actual attorney and support staffing levels for each agency receiving legal services. The report shall be submitted to the office of financial management and the fiscal committees of the senate and house of representatives no later than ninety days after the end of each fiscal year.
(2) The attorney general shall include, at a minimum, the following information with each bill sent to agencies receiving legal services: (a) The number of hours and cost of attorney services provided during the billing period; (b) the number of hours and cost of support staff services provided during the billing period; (c) attorney general overhead and central support costs charged to the agency for the billing period; (d) direct legal costs, such as filing and docket fees, charged to the agency for the billing period; and (e) other costs charged to the agency for the billing period. If requested by an agency receiving legal services, the attorney general shall provide the information required in this subsection by program.
(3) $1,249,000 of the public safety and education account appropriation and $406,000 of the general fund--state appropriation are provided solely for the attorney general's criminal litigation unit.
(4) The attorney general shall, in conjunction with the various state hearings boards, develop recommendations for more cost-efficient processing of administrative appeals and report such recommendations to appropriate committees of the legislature by November 15, 1993.
(5) The attorney general shall, in conjunction with state agencies, examine the efficiencies of consolidating support services within the office of the attorney general and report recommendations for consolidation to the office of financial management by April 1, 1994.
(6) $175,000 of the health services account appropriation and $350,000 of the legal services revolving fund appropriation are provided solely for anti-trust activities required by Engrossed Second Substitute Senate Bill No. 5304 (health care reform). If the bill is not enacted by June 30, 1993, the amounts provided in this subsection shall lapse.
(7) $4,000,000 from the state investment board expense account appropriation is provided solely for attorney general costs and related expenses in aggressively pursuing litigation related to real estate investments on behalf of the state investment board. To the maximum extent possible, attorney general staff shall be used in pursuing this litigation. The attorney general shall report to the appropriate committees of the legislature regarding litigation expenses and progress and the need for a 1995 supplemental appropriation by December 1, 1994.
(8) The legislature recognizes the need for the attorney general to offer competitive salaries in order to retain experienced legal staff. The attorney general shall submit a report to the legislative fiscal committees by December 1, 1994, comparing the compensation paid by the attorney general's office to other public and private agencies and firms.
(9) The attorney general shall develop recommendations, after consultation with the various state hearings boards, for cost-efficient implementation of alternative dispute resolution and report such recommendations to the appropriate committees of the legislature by December 1, 1994.
(10) $205,000 of the general fund--state appropriation is provided solely for implementation of Substitute Senate Bill No. 6111 (executive ethics board). If the bill is not enacted by June 30, 1994, the amount provided in this subsection shall lapse.
Sec. 120. 1993 sp.s. c 24 s 124 (uncodified) is amended to read as follows:
FOR THE ECONOMIC AND REVENUE FORECAST COUNCIL
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((815,000))
818,000
Sec. 121. 1993 sp.s. c 24 s 125 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((19,575,000))
19,437,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 918,000
Motor Vehicle Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 109,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 250,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((20,852,000))
20,714,000
The appropriations in this section are subject to the following conditions and limitations:
(((3))) (1) The office of financial management shall evaluate the extent to which state employees could receive more efficient and less expensive service, as well as increased flexibility and return on their investments, from a deferred compensation program contracted with a private organization, and shall report its findings and recommendations to appropriate committees of the legislature by December 1, 1993.
(((4))) (2) The efficiency commission shall undertake studies to determine the most effective means of delivering services currently provided by the state printer ((and the department of general administration's central stores)).
(((5) $50,000 of the general fund--state appropriation is provided solely to implement Engrossed Substitute House Bill No. 1372 (state program evaluations). If the bill is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(6))) (3) $100,000 of the general fund--state appropriation is provided solely for an interim task force as provided for by Engrossed Substitute House Bill No. 2054 (civil service reform).
(4) $100,000 of the general fund--state appropriation is provided solely to examine the feasibility of establishing a state-wide central facility authority to coordinate and manage the construction and use of state facilities, including leased facilities. The results of the study shall be reported to the appropriate committees of the legislature by January 10, 1995.
Sec. 122. 1993 sp.s. c 24 s 217 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((86,244,000))
89,550,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((185,242,000))
182,029,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 624,000
Public Safety and Education Account Appropriation. . . . . . . . . . . . . . . . . . . . . .$ 8,402,000
Building Code Council Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,068,000
Public Works Assistance Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,192,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,908,000
Low Income Weatherization Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 6,582,000
Washington Housing Trust Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,643,000
Enhanced 911 Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((20,042,000))
18,539,000
Administrative Contingency Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,476,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((319,423,000))
318,013,000
The appropriations in this section are subject to the following conditions and limitations:
(((2))) (1) $8,208,000 of the general fund--federal appropriation is provided solely for the drug control and system improvement formula grant program, to be distributed in fiscal year 1994 as follows:
(a) $3,630,255 to local units of government to continue existing local drug task forces;
(b) $1,086,240 to the Washington state patrol for coordination, training, and task force expansion to unserved areas of the state;
(c) $697,128 to the department of community development to continue the state-wide drug prosecution assistance program;
(d) $93,000 to the department of community development to establish a substance-abuse treatment in jails program, to test the effect of treatment on future criminal behavior;
(e) $279,000 to local units of government for urban projects. The distribution shall be made through a competitive grant process administered by the department;
(f) $174,840 to the department of community development to establish the youth violence prevention and intervention project;
(g) $214,830 to the department of community development for the state-wide drug offense indigent defense program;
(h) $782,734 to the department of corrections for the expansion of correctional industries programs. It is the intent of the legislature that this program receive an equal amount of funding from the fiscal year 1995 drug control and system improvement formula grant program appropriation;
(i) $479,000 to the department of community development for grant administration and program evaluation, monitoring, and reporting, pursuant to federal requirements;
(j) $46,000 to the Washington state patrol for data collection; and
(k) $410,400 to the office of financial management for the criminal history records improvement program.
(l) $128,573 for continuation of the high impact offender prosecution project; and
(m) $186,000 to the department of community development for allocation to public or private nonprofit groups or organizations with experience and expertise in the field of domestic violence, for the purpose of continuing existing domestic violence advocacy programs, providing legal and other assistance to victims and witnesses in court proceedings, and establishing new domestic violence advocacy programs.
(((5))) (2) $7,020,000 of the general fund--federal appropriation is provided solely for the drug control and system improvement formula grant program, to be distributed in fiscal year 1995 as follows:
(a) $3,122,000 to local units of government to continue multijurisdictional drug task forces;
(b) $934,000 to the Washington state patrol for coordination, technical assistance, and investigative and supervisory staff support for multijurisdictional narcotics task forces;
(c) $430,000 to the department of community development to continue the state-wide drug prosecution assistance program;
(d) $93,000 to the department of community development to continue a substance-abuse treatment in jails program, to test the effect of treatment on future criminal behavior;
(e) $744,000 to the department of community development to continue the youth violence prevention and intervention projects;
(f) $215,000 to the department of community development for the state-wide drug offense indigent defense program;
(g) $673,000 to the department of corrections for the correctional industries programs;
(h) $412,000 to the department of community development for grant administration and program evaluation, monitoring, and reporting, pursuant to federal requirements;
(i) $46,000 to the Washington state patrol for data collection; and
(j) $351,000 to the office of financial management for the criminal history records improvement program.
(3) In order to offset reductions in federal community services block grant funding for community action agencies, the department shall set aside $((2,400,000)) 4,800,000 of federal community development block grant funds for distribution to local governments for distribution to community action agencies state-wide.
(((6))) (4) $350,000 of the general fund--state appropriation is provided for financial assistance to local governments and nonprofit organizations to assist military dependent communities including, but not limited to Kitsap county, in diversifying their economies. In providing assistance, first priority shall be given to defense diversification and conversion projects which leverage additional federal funds.
(((10) $4,800,000)) (5) $4,802,000 of the public safety and education account appropriation is provided solely for civil representation of indigent people.
(((11))) (6) $3,600,000 of the public safety and education account appropriation ((is)) and $1,059,000 of the general fund--state appropriation are provided solely for the office of crime victim's advocacy and for sexual assault treatment services.
(((12))) (7) $8,268,000 of the general fund--state appropriation and $41,610,000 of the general fund--federal appropriation are provided for grant administration and grant assistance as authorized by the president under the federal disaster assistance program. It is the intent of the legislature that the disaster assistance unit continue to be funded as disasters occur not on a permanent basis, and that staffing for the unit be kept to only the minimum number of positions necessary to administer the grants and meet other federal and state requirements.
(8) $175,000 of the general fund--state appropriation is provided solely for the retired senior volunteer program.
(9) $50,000 of the general fund--state appropriation is provided solely for a grant to Yakima county to study the import-export opportunities associated with expansion of the Yakima airport in conjunction with increased economic opportunities that result from central Washington's status as a foreign trade zone.
(10) $755,000 of the general fund--state appropriation is provided solely for the long-term care ombudsman program. Of this amount, $30,000 is provided solely for a long-term care ombudsman in Kitsap county. The department shall ensure that not less than $10,000 is provided for each of the fourteen long-term care regions for fiscal year 1995. The department shall ensure that from the total federal and state appropriations, not more than twenty-five percent or $245,000, whichever is less, be expended on administration costs for the program. The department shall ensure that existing contracts in excess of $10,000 be held harmless, and that funding be reallocated from the administration and training budgets. By November 1, 1994, the department shall report to the appropriate fiscal committees of the legislature on the allocation of funding for long-term care ombudsman services and make recommendations for changes in the distribution of funding.
(11) $650,000 of the general fund--state appropriation is provided solely to increase the state's emergency preparedness and planning for catastrophic events.
(12) $1,350,000 of the general fund--state appropriation is provided solely for grants for the development of programmatic environmental analysis prototypes consistent with the plans required under the growth management act. Within this amount the department shall make at least three grants not less than $300,000. Not more than $150,000 of this amount is provided for technical assistance to local governments. By December 1, 1994, the department shall report to the legislature on the status of grants awarded.
(13) If Senate Bill No. 6023 (transferring emergency management services) is enacted by June 30, 1994, funds appropriated in this section for the division of emergency management shall be transferred to the military department pursuant to section 8 of Senate Bill No. 6023.
(14) By November 25, 1994, the department shall report to the fiscal and education committees of the legislature on strategies that maximize the number of children served and, to the greatest extent practicable, preserve or improve program quality within existing resource constraints for the early childhood education assistance program. Strategies evaluated shall include, but not be limited to: (a) Increasing the student-to-staff ratio; (b) over-enrolling slots; (c) increasing the use of nonstate financial resources; (d) reducing the number of nonfour year old children served; (e) administrative program changes; and (f) partnerships with local providers. The department shall also evaluate the reliability of using federal census data to forecast the number of eligible four year old children. The department shall include estimated short-term and long-term savings and costs of each strategy.
(15) $25,000 of the general fund--state appropriation is provided solely for a grant to the Seattle school district to conduct a community use planning study of the Sealth high school--Denny middle school field complex. The study shall include representatives from the Seattle school district, Seattle parks department, the business community, and local citizens groups.
Sec. 123. 1993 sp.s. c 24 s 218 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT--FIRE PROTECTION POLICY BOARD. (($4,865,000)) $4,735,000 is appropriated to the department of community development for the purposes of the fire protection policy board. Of this amount, $2,213,000 is from the general fund--state appropriation, $1,750,000 is from the fire service training account appropriation, $466,000 is from the state toxics control account appropriation, (($346,000)) $216,000 is from the oil spill administration account appropriation, and $90,000 is from the fire service trust account appropriation. All expenditures from these funds are subject to the approval of the fire protection policy board. In the event of an across-the-board reduction in general fund allotments under RCW 43.88.110, the percentage reduction in the general--state allotments to the fire protection policy board shall not exceed the percentage reduction to the department's other general fund--state allotments.
Sec. 124. 1993 sp.s. c 24 s 127 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF PERSONNEL
Department of Personnel Service Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((17,162,000))
16,616,000
Higher Education Personnel Services Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,898,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 18,514,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The department shall reduce its charge for personnel services to the lowest rate possible.
(2) $600,000 of the department of personnel service fund appropriation is provided solely for extended insurance benefits for permanent state employees separated through reduction-in-force. An eligible employee may receive a state subsidy of $100 per month toward his or her insurance benefits purchased under the federal consolidated omnibus budget reconciliation act (COBRA) for a period not to exceed six months from the date of separation. The state health care authority shall administer the insurance benefits and the department shall pay the subsidy through interagency reimbursement, subject to the level of appropriation.
(3) $500,000 of the department of personnel service fund appropriation is provided solely for a career and employment transition program to assist permanent state employees who are separated due to reduction-in-force, including employee retraining, career counseling, and job placement services.
(4) $32,000 of the department of personnel service fund appropriation is provided solely for creation, printing, and distribution of the personal benefits statement for state employees.
(5) From the department's nonappropriated data processing account, the department shall prepare a feasibility study for the design and implementation of a new human resource information system. Authority to expend funds for the feasibility study is conditioned on compliance with section 902 of this act.
(6) The department of personnel shall charge all administrative services costs incurred by the committee for deferred compensation for the deferred compensation program to the deferred compensation administrative account. The department and the committee shall develop an interagency agreement, to be approved by the office of financial management, before any billings to the committee commence. Department billings to the committee shall be for actual costs only.
(7) The appropriation from the higher education personnel services account shall be reduced by any amounts expended prior to the effective date of this act under section 613, chapter 24, Laws of 1993 sp. sess., which is repealed by this act.
(8) $31,000 of the department of personnel service fund appropriation is provided for the employee exchange program with the Hyogo prefecture in Japan.
NEW SECTION. Sec. 125. HIGHER EDUCATION PERSONNEL BOARD. 1993 sp.s. c 24 s 613 is repealed.
Sec. 126. 1993 sp.s. c 24 s 128 (uncodified) is amended to read as follows:
FOR THE COMMITTEE FOR DEFERRED COMPENSATION
Dependent Care Administrative Account Appropriation. . . . . . . . . . . . . . . . . . . $ 382,000
The appropriation in this section is subject to the following conditions and limitations: Pursuant to RCW 41.04.260, the committee for deferred compensation shall charge all administrative expenses incurred by the deferred compensation program, including data processing costs, to the deferred compensation administrative account.
Sec. 127. 1993 sp.s. c 24 s 129 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE LOTTERY
Lottery Administrative Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((19,745,000))
19,350,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 7,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 19,357,000
Sec. 128. 1993 sp.s. c 24 s 131 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON AFRICAN-AMERICAN AFFAIRS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((271,000))
273,000
Sec. 129. 1993 sp.s. c 24 s 132 (uncodified) is amended to read as follows:
FOR THE PERSONNEL APPEALS BOARD
Department of Personnel Service Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,268,000))
1,438,000
Sec. 130. 1993 sp.s. c 24 s 133 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--OPERATIONS
Department of Retirement Systems Expense Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((31,988,000))
31,840,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $3,530,000 is provided solely for information systems projects known by the following names or successor names: Support of member database, support of audit, and audit of member files. Authority to expend this amount is conditioned on compliance with section 902 of this act. The department shall report to the fiscal committees of the senate and house of representatives on the status of the member database project including an assessment of the savings the department is likely to achieve as a result of this project by January 15, 1994.
(2) $1,136,000 is provided solely for the in-house design, development, and implementation of the information systems project known as the disbursement system. Authority to expend this amount is conditioned on compliance with section 902 of this act. The department shall report to the office of financial management on the status of this project by January 15, 1995.
(3) $((404,000)) 295,550 is provided solely for the increased workload resulting from the Bowles decision.
(4) $382,000 is provided solely for the temporary increased workload resulting from 1993 legislation providing for early retirement. If a bill providing for early retirement is not passed by June 30, 1993, this amount shall lapse.
(5) The appropriation contains sufficient funds to implement House Bill No. 2028 (restoration notification).
(6) The department shall adjust the retirement systems administrative rate during the 1993-95 biennium as necessary to provide for law enforcement officers' and fire fighters' retirement system employer funding of a study of LEOFF Plan I medical liabilities by the office of the state actuary.
(7) The department shall reduce its administrative charge rate from .22 percent to .17 percent for the 1993-95 biennium.
(8) $108,450 is provided solely to implement Senate Bill No. 6143 (retirement service credit). If the bill is not enacted by June 30, 1994, the amount provided in this subsection shall lapse.
Sec. 131. 1993 sp.s. c 24 s 134 (uncodified) is amended to read as follows:
FOR THE STATE INVESTMENT BOARD
State Investment Board Expense Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((6,939,000))
7,233,000
The appropriation in this section is subject to the following conditions and limitations: $350,000 is provided solely for state investment board administrative expenses related to real estate litigation being conducted by the attorney general.
Sec. 132. 1993 sp.s. c 24 s 135 (uncodified) is amended to read as follows:
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((123,401,000))
122,221,000
Timber Tax Distribution Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,358,000
State Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((76,000))
74,000
Solid Waste Management Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((90,000))
88,000
Pollution Liability Reinsurance Trust Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((236,000))
231,000
Vehicle Tire Recycling Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((128,000))
125,000
Air Operating Permit Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,000
State Oil Spill Administration Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((20,000))
16,000
Litter Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((96,000))
94,000
Enhanced 911 Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 85,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((128,441,000))
127,328,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $760,000 of the general fund appropriation is provided solely for the information systems project known as "revenue account management." Authority to expend this amount is conditioned on compliance with section 902 of this act.
(2) $85,000 of the enhanced 911 account appropriation is provided solely to implement House Bill No. 2601 (911 excise tax study). If House Bill No. 2601 or substantially similar legislation, is not enacted by June 30, 1994, this appropriation shall lapse.
(3) $100,000 of the general fund--state appropriation is provided solely to conduct a study of businesses that receive tax incentives, in accordance with Engrossed Second Substitute Senate Bill No. 5468. If Engrossed Second Substitute Senate Bill No. 5468, or substantially similar legislation, is not enacted by June 30, 1994, this funding will lapse.
Sec. 133. 1993 sp.s. c 24 s 138 (uncodified) is amended to read as follows:
FOR THE UNIFORM LEGISLATION COMMISSION
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((47,000))
55,000
Sec. 134. 1993 sp.s. c 24 s 139 (uncodified) is amended to read as follows:
FOR THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
Minority and Women's Business Revolving Fund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((2,103,000))
2,098,000
Sec. 135. 1993 sp.s. c 24 s 140 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((393,000))
387,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 1,306,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 392,000
Risk Management Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((2,246,000))
2,200,000
State Capitol Vehicle Parking Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((740,000))
738,000
Motor Transport Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((11,024,000))
11,177,000
Air Pollution Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((149,000))
114,000
General Administration Facilities and Services
Revolving Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((21,356,000))
21,183,000
Central Stores Revolving Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((4,285,000))
3,941,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 59,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((41,891,000))
41,497,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department shall develop a consolidated travel contract with a single best bidder state-wide or best bidders within regions to allow agencies to participate in a rebate on processing and handling costs of booking travel, lodging, and rental vehicle services.
(2) $870,000 of the motor transport account appropriation is provided solely for replacement of motor vehicles through the state treasurer's financing contract program under chapter 39.94 RCW. The department may acquire new motor vehicles only to replace and not to increase the number of motor vehicles within the department's fleet.
(3) $154,000 of the risk management account appropriation is provided solely for the acquisition of a commercial software package to identify and analyze risk exposure and to administer the tort claims revolving fund and the self insurance liability fund.
(4) $200,000 of the general administration facilities and services revolving fund appropriation is provided solely for security for the capitol's west campus area.
(5) $252,000 of the general administration facilities and services revolving fund appropriation is provided solely for administration and provision of the volunteer capitol campus tours program.
(6) (($35,000 of the air pollution control account appropriation is provided solely for the purpose of hiring one full-time equivalent employee to develop procurement specifications consistent with the requirements of RCW 43.19.570, the national energy policy act of 1992 and, to the extent possible, with the procurement specifications of other states. If matching funds are not provided by the alternative fuels industry by July 1, 1993, the amount provided in this subsection shall lapse)) $160,000 of the motor transport account appropriation is provided solely to replace vehicles purchased under the treasurer's financing contract program that have been demolished by vehicular accident before the expiration of the contract.
(7) With the exception of the reductions to the office of state procurement, the reductions in this section are intended to be the result of management and operational efficiencies and will not result in a reduced level of direct service to clients, increased delegation or transfer of work to clients, or increased rates for services provided in nonappropriated activities or on a reimbursable basis to clients.
(8) $1,000 of the industrial insurance premium refund account appropriation is provided solely for the Washington school director's association.
(9) $171,000 of the general administration facilities and services revolving fund is provided solely to support current planning for state-wide collocation efforts.
Sec. 136. 1993 sp.s. c 24 s 141 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF INFORMATION SERVICES
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 400,000
Data Processing Revolving Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((3,510,000))
3,440,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 3,840,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $400,000 of the nonappropriated data processing revolving fund shall be provided for development and operation of a video telecommunications center. The center shall be financially self-supporting and shall not receive any support from any state sources other than dedicated service fees specifically related to the use of the center.
(2) The department shall spend up to $75,000 from the non-appropriated data processing revolving fund to design and construct a campus fiber optic system.
(3) The department shall provide a toll-free telephone number and operator service staff for the general public to call for information about state agencies. The department may provide such staff, equipment and facilities as are necessary for this purpose. The director shall adopt rules to fix terms and charges for these services. All state agencies and the legislature shall participate in the information program and shall reimburse the department of information services in accordance with rules established by the director. The department shall also provide conference calling services for state and other public agencies on a fee-for-service basis.
(4) $400,000 of the general fund--state appropriation is provided solely for costs related to the televising of state government deliberations.
(a) The department shall contract with the nonprofit corporation designated by the office of financial management under section 116(2) of this act for the following services and subject to the following terms and conditions:
(i) $200,000 is provided solely to connect the legislative building, the temple of justice, the John A. Cherberg building, and the John L. O'Brien building with optical fiber;
(ii) $50,000 is provided solely to remodel the Dawley building to accommodate the office and production space for the designated nonprofit corporation; and
(iii) $50,000 is provided solely for construction necessary to access microwave transmission to eastern Washington of the signal produced by the designated nonprofit corporation; and
(b) $100,000 is provided solely to pay for the direct costs of producing interactive hearings over the Washington interactive teleconferencing system. These hearings shall be linked to the public television system provided for in section 116(2) of this act to broadcast the hearings to the general public. Expenditures for the production of interactive hearings must be approved by the administrative committees of both the house of representatives and the senate and may not exceed a total of fifty thousand dollars in any single year.
Sec. 137. 1993 sp.s. c 24 s 142 (uncodified) is amended to read as follows:
FOR THE INSURANCE COMMISSIONER
Insurance Commissioner's Regulatory Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((18,206,000))
18,301,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 104,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((18,310,000))
18,405,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $890,000 of the insurance commissioner's regulatory account appropriation is provided solely to implement health care reform. ((If Engrossed Second Substitute Senate Bill No. 5304 (health care reform) is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.))
(2) The insurance commissioner shall obtain the approval of the department of information services for any feasibility plan for proposed technology improvements.
Sec. 138. 1993 sp.s. c 24 s 143 (uncodified) is amended to read as follows:
Certified Public Accountants' Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,202,000))
1,214,000
Sec. 139. 1993 sp.s. c 24 s 145 (uncodified) is amended to read as follows:
FOR THE HORSE RACING COMMISSION
Horse Racing Commission Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((4,876,000))
4,778,000
The appropriation in this section is subject to the following conditions and limitations: None of this appropriation may be used for the purpose of certifying Washington-bred horses under RCW 67.16.075.
Sec. 140. 1993 sp.s. c 24 s 146 (uncodified) is amended to read as follows:
Liquor Revolving Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((111,231,000))
110,657,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 132,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 110,789,000
The appropriations in this section ((is)) are subject to the following conditions and limitations: The liquor control board shall conduct a study that identifies possible savings in contracting outbound freight with a single or small number of carriers. The board shall report to the director of financial management and the fiscal committees of the legislature by September 1, 1994, on the findings of the study, including documentation of cost savings.
Sec. 141. 1993 sp.s. c 24 s 147 (uncodified) is amended to read as follows:
FOR THE UTILITIES AND TRANSPORTATION COMMISSION
Public Service Revolving Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((29,239,000))
28,793,000
Grade Crossing Protective Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((320,000))
220,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((29,559,000))
29,013,000
The appropriations in this section are subject to the following conditions and limitations:
Subject to commission approval, no more than $250,000 of the public service revolving fund appropriation may be spent to assist the legislature and the governor in studying the current statutes and administrative procedures for ((the optimum future capability for voice, video,)) telecommunications and information services in Washington state.
(2) $50,000 of the public service revolving fund appropriation is provided solely for a study of the commission's regulation of water companies. The study shall include a review of the commission's current regulatory approach, existing challenges, and recommendations for a new regulatory strategy. The commission shall report to the governor and the appropriate committees of the legislature by November 15, 1994.
Sec. 142. 1993 sp.s. c 24 s 149 (uncodified) is amended to read as follows:
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((8,365,000))
8,198,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((8,850,000))
8,669,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 186,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((17,401,000))
17,053,000
Sec. 143. 1993 sp.s. c 24 s 150 (uncodified) is amended to read as follows:
FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((1,771,000))
3,348,000
((Employment Relations Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 2,637,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 4,408,000))
The appropriation in this section is subject to the following conditions and limitations: The office of financial management, in consultation with appropriate house of representatives and senate policy and fiscal committees, shall devise a plan for funding the public employment relations commission, either in whole or in part, through local funds and other funding sources beginning in fiscal year 1996.
Sec. 144. 1993 sp.s. c 24 s 152 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FINANCIAL INSTITUTIONS
Securities Regulation Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((3,031,000))
3,281,000
Mortgage Brokers Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 187,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 3,468,000
((The appropriation in this section is subject to the following conditions and limitations: If Substitute Senate Bill No. 5270, or substantially similar legislation, creating a department of financial institutions is not enacted by July 1, 1993, the securities regulation fund appropriation shall be null and void and the department of licensing general fund--state appropriation shall be increased by $3,031,000.))
Sec. 145. 1993 sp.s. c 24 s 308 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((25,026,000))
25,167,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 458,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 40,000
Marketplace Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 150,000
Motor Vehicle Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 582,000
Public Facilities Construction Loan Revolving
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 238,000
Litter Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((3,310,000))
3,303,000
State Convention/Trade Center Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,975,000
Solid Waste Management Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((701,000))
689,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((34,480,000))
34,602,000
The appropriations in this section are subject to the following conditions and limitations:
(((3))) (1) The department shall evaluate the progress of the forest products industry's transition into value-added manufacturing and report its findings to the appropriate legislative fiscal and policy committees by September 30, 1994. The report shall recommend strategies for sustaining the effort to increase value-added manufacturing in Washington while decreasing the reliance on state funding.
(((5))) (2) The marketplace account is created in the state treasury to collect fees and expend funds necessary to implement RCW 43.31.524. Fees and other revenue collected by the marketplace program shall be placed in the marketplace account and may be expended only after appropriation by the legislature. The entire marketplace account appropriation is provided to support the department's marketplace program.
(((6))) (3) The entire amount from the state convention and trade center account appropriation is provided solely for the Seattle/King county visitor and convention bureau for marketing and promoting the facilities and services of the convention center and the locale as a convention and visitor destination, and related activities. The department shall not expend more than is received from revenue generated by the special excise tax deposited in the state convention and trade center operations account under RCW 67.40.090(3), less any amount specifically provided to the state convention and trade center under section 316 of this act. Projections and actual collections of such revenue shall be determined and updated by the department of revenue. The funds provided in this section are subject to enactment of a marketing agreement to be approved and administered by the state convention and trade center.
(((7))) (4) $1,000,000 of the general fund--state appropriation is provided to enhance the off-season tourism program.
(((8))) (5) $292,000 of the general fund--state appropriation and $208,000 of the general fund--federal appropriation are provided for the local economic development capacity building initiative.
(((10))) (6) $50,000 of the general fund--state appropriation is provided for the department to work with the Tacoma world trade center for the purpose of assisting small and medium-sized businesses with export opportunities.
(((11))) (7) Not more than $774,000 of the general fund--state appropriation may be expended for the operation of the Pacific Northwest export assistance project. The department shall develop and implement a plan for assessing fees for services provided by the project. The amount provided in this subsection is contingent on the receipt of revenues equal to at least twenty-five percent of the expenditures for fiscal year 1995. It is the intent of the legislature that the revenues raised to defray the expenditures of this program will be increased to fifty percent of the expenditures in fiscal year 1996, seventy-five percent of the expenditures in fiscal year 1997, and beginning in fiscal year 1998, the legislature intends that this program will be fully self-supporting.
(((12))) (8) $40,000 of the general fund--state appropriation is provided to establish an overseas trade office to be located in the Russian far east. An additional $40,000 of the general fund--state appropriation shall be held in reserve and shall be released only upon receipt of at least $40,000 from the ports association or other public entities for the operation of the office. The office is expressly prohibited from accepting any gifts, contributions, or donations of private funds or assistance. It is also the legislature's intent that the trade office remain a publicly owned and operated office for the primary benefit of Russian and Washington state businesses.
(((13))) (9) In implementing the appropriations set forth in this section, the department shall minimize disproportionate impacts on any programs.
(10) $250,000 of the general fund--federal appropriation is provided for sections 5, 6, and 16 through 27 of chapter 512, Laws of 1993 (minority and women-owned businesses).
(11) $30,000 of the general fund--state appropriation is provided solely for an economic analysis related to the construction and operation of a baseball sports facility in King county. The study shall include an analysis of the tax revenues generated as a result of the facility. Each dollar expended from the appropriation in this subsection shall be matched by at least five dollars from nonstate sources expended for the same purpose.
(12) $632,000 of the general fund--state appropriation is provided solely for the promotion of international trade.
(13) $25,000 of the general fund--state appropriation is provided solely for the minority and women export assistance program.
(14) $30,000 of the general fund--state appropriation is provided solely to implement Senate Bill No. 6146 (film and video production facility). If Senate Bill No. 6146 is not enacted by June 30, 1994, this appropriation shall lapse.
(15) $725,000 of the general fund--state appropriation is provided solely for associate development organizations. Of this amount, $525,000 is provided solely for timber-distressed counties. Each of the timber-distressed counties shall receive $25,000.
(16) $30,000 of the general fund--state appropriation is provided solely to implement Senate Bill No. 5698 (ISO-9000 standards). If Senate Bill No. 5698 is not enacted by June 30, 1994, this appropriation shall lapse.
Sec. 146. 1993 sp.s. c 24 s 151 (uncodified) is amended to read as follows:
DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT. On July 1, 1994, all appropriations and all conditions and limitations contained in sections 217 and 308 of this act shall be provided for the department of community, trade, and economic development. ((If Engrossed Substitute Senate Bill No. 5868 or substantially similar legislation creating a department of community, trade, and economic development is not enacted by July 1, 1994, this section shall have no effect.)) If either House Bill No. 2677 or Senate Bill No. 6345 or substantially similar legislation is enacted by the 1994 session of the legislature, then all appropriations and all conditions and limitations in this act shall be provided for the department of community, trade, and economic development on the date specified for the merger of the two departments in that legislation.
Sec. 147. 1993 sp.s. c 24 s 318 (uncodified) is amended to read as follows:
FOR THE GROWTH PLANNING HEARINGS BOARD
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((3,028,000))
2,968,000
Sec. 148. 1993 sp.s. c 24 s 316 (uncodified) is amended to read as follows:
FOR THE STATE CONVENTION AND TRADE CENTER
State Convention/Trade Center Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((19,471,000))
20,251,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $810,000 of the revenue generated by the special excise tax deposited in the state convention and trade center operations account under RCW 67.40.090(3) is provided solely for marketing the facilities and services of the convention center and for promoting the locale as a convention and visitor destination, and for related activities.
(2) $1,000,000 of the state convention and trade center account appropriation is provided solely for the state's share of the following:
(a) The state convention and trade center in collaboration with the city of Seattle, is directed to prepare a development plan for a joint-use building which would include: (i) Uses for the city of Seattle; (ii) one hundred forty thousand square feet of new contiguous heavy load exhibit space with support structures including loading facilities, storage, access and exit ways, and mechanical and electrical spaces; and (iii) development costs to be shared by the city of Seattle and the convention center.
(b) At a minimum the plan shall include the following elements: (i) Financial feasibility; (ii) financing requirements for both the city and state; (iii) exploration of alternative funding and financing mechanisms; (iv) economic and civic impacts; (v) schematic designs; and (vi) alternative uses of the new building for the city. Any studies previously undertaken on uses of the expansion which are applicable may be incorporated in the proposed structure and shall be considered in developing the plan.
(c) Costs of the plan and related studies shall be shared by the state convention and trade center and the city of Seattle.
(d) A convention center expansion and city facilities task force is created. The purpose of the task force is to meet and consult with officials from the city of Seattle and the convention center. The task force shall review and evaluate the plan and prepare subsequent recommendations to the fiscal committees of the legislature. The task force shall submit its recommendations to the appropriate fiscal committees of the legislature on or before January 1, 1995. The task force shall be co-chaired by a member from the senate and a member from the house of representatives. Membership shall be composed as follows: (i) One member each from the majority and minority caucuses of the senate and the house of representatives; (ii) three members from the city of Seattle selected by the mayor; (iii) three members selected by the governor; and (iv) the director or the director's designee from the office of financial management.
PART II
HUMAN SERVICES
Sec. 201. 1993 sp.s. c 24 s 202 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--CHILDREN AND FAMILY SERVICES PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((292,004,000))
281,352,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((193,407,000))
216,172,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,722,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((489,133,000))
501,246,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $854,000 of the drug enforcement and education account appropriation and $300,000 of the general fund--state appropriation are provided solely to contract for the operation of one pediatric interim care facility. The facility shall provide residential care for up to twelve children through two years of age. Seventy-five percent of the children served by the facility must be in need of special care as a result of substance abuse by their mothers. The facility also shall provide on-site training to biological, adoptive, or foster parents. The facility shall provide at least three months of consultation and support to parents accepting placement of children from the facility. The facility may recruit new and current foster and adoptive parents for infants served by the facility. The department shall not require case management as a condition of the contract.
(2) $700,000 of the general fund--state appropriation and $262,000 of the drug enforcement and education account appropriation are provided solely for up to three nonfacility based programs for the training, consultation, support, and recruitment of biological, foster, and adoptive parents of children through age three in need of special care as a result of substance abuse by their mothers, except that each program may serve up to three medically fragile nonsubstance-abuse-affected children. In selecting nonfacility based programs, preference shall be given to programs whose federal or private funding sources have expired or have successfully performed under the existing pediatric interim care program.
(3) In the event that the department consolidates children's services offices, the department shall ensure that services continue to be accessible to isolated communities.
(4) (($14,984,000 of the general fund--state appropriation and $14,632,000 of the general fund--federal appropriation are provided to establish a state child care block grant by July 1, 1994. The department shall develop a plan for administering the block grant which shall include: (a) A state-wide distribution formula; (b) a block grant application process that encourages the cooperative efforts of local governments, resource and referral agencies, and other not-for-profit organizations involved with child care; (c) recommendations about cost-effective ways to administer child care subsidies in rural areas of the state; and (d) recommendations for the percentage of the grant to be used for local administration. The plan shall be presented to the appropriate legislative committees by January 1, 1994.)) The department shall develop and implement a plan for removing categorical barriers to access for families needing departmental child care services. The plan shall be developed in consultation with the child care coordinating committee, and shall include strategies such as: (a) Co-location of child care eligibility workers with other relevant service providers such as resource and referral agencies; (b) development of a uniform application form and process across programs; (c) cross-training of departmental and resource and referral agency child care staff; (d) development of parent brochures; and (e) increased coordination at the local level with child care and early childhood programs operated by other agencies and governmental jurisdictions. The department shall report to appropriate committees of the legislature on the plan and its implementation status by December 1, 1994.
(5) The department shall coordinate funding totaling $400,000 from all available sources to initiate a residential teen welfare protection program in an urban county with a population over 550,000. The program shall be designed to improve employment and parenting skills of teenage mothers to reduce long-term welfare dependence. The department shall select a provider with experience in providing residential services to adolescent mothers and their infants.
(6) The family policy council under chapter 70.190 RCW shall establish procedures for locating appropriate counseling staff of participating agencies in public schools.
(((8) $8,792,000 of the general fund--state appropriation is provided solely to implement the following programs: $385,000 of this amount is provided for the medical training project on the evaluation and care of child sexual abuse, $4,784,000 of this amount is provided for contracts for domestic violence shelters and comprehensive domestic violence service planning, $2,841,000 of this amount is provided for early identification and treatment of child sexual abuse, and $782,000 of this amount is provided for sexual assault centers.))
(7) $900,000 of the general fund--state appropriation, and $225,000 of the general fund--federal appropriation, are provided solely to implement Engrossed Second Substitute Senate Bill No. 6255 (permanency planning for children). The department may transfer a portion of this amount to the legal services revolving fund for costs associated with implementation of this bill.
(8) $2,142,000 of the general fund--state appropriation and $1,858,000 of the general fund--federal appropriation are provided solely to fund prevention programs designed to address risk factors related to violent criminal acts by juveniles, child abuse and neglect, domestic violence, teen pregnancy and male parentage, suicide attempts, substance abuse, and dropping out of school. The legislature intends, through the appropriation of these funds, to address the underlying causes of violence and other at-risk behaviors of children and create an environment which promotes healthy behaviors and safe communities for children and their families.
The family policy council shall disburse funds under this subsection to community public health and safety networks who are in substantial compliance with chapter . . ., Laws of 1994 (Engrossed Second Substitute House Bill No. 2319; youth violence) as determined by the council by rule. Funds provided under this subsection shall only be available upon application of a network to the council. The application and plan shall demonstrate the effectiveness of the program in terms of reaching its goals, specify the risk factors to be addressed and ameliorated, and provide clear and substantial evidence that additional funds will substantially improve the ability of the program to increase its effectiveness. In considering requests for funding under this section, the council may approve requests to:
(a) Provide technical assistance, planning grants, and grants of flexible funds to community public health and safety networks;
(b) Fund healthy family programs;
(c) Fund before- and after-school child care and theraputic child care programs;
(d) Fund domestic violence programs;
(e) Fund safe schools/community programs; and
(f) Fund other services targeted at the risk factors specified in chapter . . ., Laws of 1994 (Engrossed Second Substitute House Bill No. 2319; youth violence).
Sec. 202. 1993 sp.s. c 24 s 203 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--JUVENILE REHABILITATION PROGRAM
(1) COMMUNITY SERVICES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((60,629,000))
63,808,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((6,639,000))
6,580,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,552,000))
1,743,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((68,820,000))
72,131,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $2,800,000 of the general fund--state appropriation is provided solely for consolidated juvenile services for youthful offenders. This does not constitute an ongoing funding commitment by the state.
(b) $650,000 of the general fund--state appropriation is provided solely to implement Substitute Senate Bill No. 6593 (learning and life skills program). If the bill is not enacted by June 30, 1994, the amount provided in this subsection (1)(b) shall lapse.
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((56,655,000))
68,563,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((940,000))
826,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((57,595,000))
69,389,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The division of juvenile rehabilitation shall submit a report to the appropriate policy and fiscal committees of the legislature by December 1, 1993, on proposals to implement early release and structured transition services for juvenile offenders.
(b) The department of general administration, in conjunction with the division of juvenile rehabilitation and other state agencies, shall evaluate and make recommendations on the future use of the Green Hill school and/or property as a state facility. The recommendations shall be submitted to the appropriate policy and fiscal committees of the legislature by December 1, 1993.
(3) PROGRAM SUPPORT
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((2,926,000))
3,866,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 156,000
Charitable, Educational, Penal, and
Reformatory Institutions
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 300,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((342,000))
265,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((3,424,000))
4,587,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $100,000 of the general fund--state appropriation is provided solely to implement Substitute House Bill No. 1966 (racial disproportionality study recommendations).
(b) The charitable, educational, penal, and reformatory institutions account appropriation is provided for the development of a master plan for facilities, including state institutions, state-operated and contracted group homes, and the contracted or jointly operated use of local, county, or regional facilities.
(i) The master plan shall include:
(A) A forecast, in conjunction with the office of financial management, of future confinement and rehabilitation needs of juvenile offenders, including analysis of trends, demographics, and historical patterns, frequency and degree of violence, length of stay, custody level, recidivism, and the impact of current and anticipated legislation;
(B) An analysis of present facilities and their adequacy, including operational, designed, and emergency capacity, security, safety, infrastructure, program needs, code compliance, and operational costs per unit;
(C) An analysis of options and operating and capital costs to maximize the capacity and use of presently available facilities and to optimize programs therein;
(D) An analysis of projected future needs for facilities and operational programs, including educational and vocational programs operated by the appropriate educational entities, for at least the next six years, which addresses the priorities between institutions, group homes, and use of contracted or jointly operated local or regional beds, and the size, security level, target location, timing and operating and capital costs of any additional facilities;
(E) An analysis of the adequacy of present and planned local or regional capacity, the need for additional local or regional capacity, available local financing, delays in imposing sentences due to unavailable local facilities, and the feasibility of a state role in providing assistance to develop additional local or regional capacity;
(F) An analysis of the feasibility of increasing the state's use of local or regional beds and recommendations for any statutory, fiscal, or program changes needed to keep juvenile offenders sentenced for short terms in local or regional facilities; and
(G) An analysis of which existing or future facilities would best serve as state or regional juvenile offender basic training camps and the capital and operational requirements for their development.
(ii) Development of the master plan shall be done in consultation with county and local entities responsible for juvenile justice and with the appropriate policy and fiscal committees of the legislature.
(iii) A preliminary report on the master plan shall be submitted to the appropriate policy and fiscal committees of the legislature no later than December 1, 1994.
(iv) The division of juvenile rehabilitation shall begin efforts immediately to locate sites for additional facilities and may conduct predesign or undertake preliminary steps for site selection environmental impact statements. However, no funds shall be expended for acquisition, design, or construction of additional state institutional facilities until completion of the master plan and specific authorization by the legislature. It is the intent of the legislature to consider design and construction of additional facilities or other methods to increase capacity in the 1995-1997 biennium.
(c) The division of juvenile rehabilitation shall submit a report to the appropriate policy and fiscal committees of the legislature by December 1, 1994, on proposals to construct and operate juvenile facilities in this state at a cost of no more than the national average. The division shall identify statutory, policy, and personnel decisions that have caused this state to have higher construction and operating costs than the national average.
(4) SPECIAL PROJECTS
General Fund--Federal Appropriation. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . .$ 1,296,000
Sec. 203. 1993 sp.s. c 24 s 204 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MENTAL HEALTH PROGRAM
(1) COMMUNITY SERVICES/REGIONAL SUPPORT NETWORKS
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((239,529,000))
239,460,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((168,680,000))
166,309,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 9,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((417,209,000))
414,769,000
The appropriations in this section are subject to the following conditions and limitations:
(a) $4,618,000 of the general fund--state appropriation and $5,409,000 of the general fund--federal appropriation are provided solely for additional children's mental health services required in accordance with the medicaid early and periodic screening, diagnosis, and treatment program. By January 1, 1994, the secretary of social and health services shall issue practice guidelines to assist mental health regional support networks and providers determine the scope and duration of mental health services typically required by specific conditions for which mental health intervention is medically necessary.
(b) $2,000,000 of the general fund--state appropriation, of which $500,000 shall be from the 1993-95 current level allocation for regional support networks, and $1,080,000 of the general fund--federal appropriation are provided solely for a risk pool fund to support a collaborative effort between the eastern Washington regional support networks and eastern state hospital. Moneys from this fund shall be expended as payments to regional support networks for reductions in usage of bed days at eastern state hospital, or, to the extent such reductions are not made, to cover resulting budget deficits at the hospital. The intended reductions in hospital bed days, the expected reductions in costs in the state hospitals, and the amount and timing of payments shall be specified in contracts negotiated between the department and the eastern Washington regional support networks. Money from this fund shall not be used to meet any operating deficits at eastern state hospital resulting from causes unrelated to a failure of the regional support networks to reduce bed day usage as specified in contracts.
(c) The secretary of social and health services shall allot to the mental health division funds appropriated to the division of medical assistance for voluntary community psychiatric hospitalizations. The amount transferred shall be the total projected expenditures for voluntary psychiatric hospitalizations in the 1993-95 biennium. The mental health division shall work with mental health regional support networks to design and implement improved prevention, crisis intervention, diversion, and other strategies for reducing avoidable psychiatric hospitalizations. Regional support networks that succeed in reducing voluntary and involuntary hospitalization costs below the baseline level forecast for their region shall receive bonus payments for their performance. The mental health division shall seek approval from the federal government to include federal matching funds in the bonus payments under medicaid waivers.
(d) Regional support networks shall use portions of the general fund--state appropriation for implementation of working agreements with the vocational rehabilitation program which will maximize the use of federal funding for vocational programs.
(e) $560,000 of the general fund--state appropriation is provided solely to assist western Washington regional support networks in reducing the average daily population of western state hospital.
(f) The secretary of social and health services shall assure that any reductions in state grants to recover state payments subsequently reimbursed through federal sources are targeted to those providers at which federal recoveries will actually occur. The reductions shall not be spread on a formula basis across all providers and regional support networks.
(g) The department shall submit to the house of representatives appropriations committee and the senate ways and means committee by November 15, 1994, a report outlining the following: The ratio of state to local short term commitments, the number of clients receiving services, service types, service costs by type and per person served, and the method of measuring service delivery for each service type. The report shall be presented so that each quarter of the 1993-95 biennium and the 1991-93 biennium is identified separately, each regional support network is identified separately, costs are identified separately, and each service type is identified separately. Service types shall include at least residential programs, employment programs, and other service types that lead to normalizing activities.
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((146,577,000))
136,118,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((87,011,000))
99,320,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 42,498,000
((Charitable, Educational, Penal and
Reform Institutions Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,000,000))
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 507,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((279,593,000))
278,443,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The mental health program at western state hospital shall continue to utilize labor provided by the Tacoma prerelease program of the department of corrections.
(b) From appropriations provided in this section and in section 208 of this act, the secretary of social and health services shall establish a consolidated, privately-operated program specializing in the involuntary treatment of chemically dependent clients, and the voluntary treatment of mentally ill chemical abusers, on the grounds of the northern state multi-service center. In establishing this consolidated program with discrete treatment components, the secretary shall involve mental health and chemical dependency treatment providers, advocacy groups, and local system administrators in designing the program, developing its admission and discharge procedures, and selecting and monitoring the contractor.
(c) The secretary of social and health services shall phase out operation of the PORTAL program at the northern state multi-service center. In accomplishing this phase down, the secretary shall:
(i) Work with regional support networks, families and advocacy groups, and other community service providers to assure that appropriate community services are in place for people transitioning out of the PORTAL program; and
(ii) Develop and implement a transition plan for state employees dislocated by the phase down of the PORTAL program. The plan shall be tailored to the situations of individual workers and shall include strategies such as individual employment counseling through the departments of personnel and employment security, retraining and placement into other state jobs, placement of state employees with private contractors, and small business assistance.
(((e) $560,000 of the general fund--state appropriation is provided solely to assist western Washington regional support networks in reducing the average daily population of western state hospital.))
(d) The division is authorized to purchase goods and services for the state hospitals through alternative means and shall coordinate these efforts with the office of procurement services within the department of general administration.
(e) The secretary of social and health services shall develop with regional support networks a plan for reducing their utilization of the state mental hospitals during the 1995-97 biennium by at least 90 beds, 60 from western state hospital and 30 from eastern state hospital. All expenditures from regional support network capital reserves which have been accumulated with state payments shall be contingent upon the regional support network's implementation of the plan.
(3) CIVIL COMMITMENT
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 5,718,000
(4) SPECIAL PROJECTS
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 1,899,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 2,946,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 4,845,000
(5) PROGRAM SUPPORT
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((4,882,000))
4,951,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((1,826,000))
1,757,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 6,708,000
Sec. 204. 1993 sp.s. c 24 s 205 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--DEVELOPMENTAL DISABILITIES PROGRAM
(1) COMMUNITY SERVICES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((204,081,000))
205,103,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((131,660,000))
130,724,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((335,741,000))
335,827,000
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((121,133,000))
125,442,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((165,704,000))
163,647,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 9,143,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((295,980,000))
298,232,000
(3) PROGRAM SUPPORT
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((5,665,000))
5,673,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((971,000))
963,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 6,636,000
(4) The appropriations in this section are subject to the following conditions and limitations:
(a) The population of the state residential habilitation centers shall be reduced by at least 123 persons by January 1995. This shall be accomplished by providing appropriate community services for those residents who are most ready to move, and by closing the building and administration at Interlake School. In implementing this redeployment of resources, the secretary of social and health services shall assure that:
(i) No individual shall be moved from an institutional to a community setting until sufficient services and support arrangements are in place to assure the individual's health, safety, personal well-being, and continued growth and development on an ongoing basis;
(ii) The savings to general fund--state expenditures from the residential habilitation center consolidations shall exceed the additional costs of new community services for persons moving from the residential habilitation centers by at least $1,200,000;
(((iv))) (iii) A transition plan is developed and implemented for state employees dislocated by the redeployment. The plan shall be tailored to the situations of individual workers and shall include strategies such as individual employment counseling through the departments of personnel and employment security; retraining and placement into other state jobs; placement of state employees with private contractors; and assistance establishing private community service programs; and
(((v))) (iv) A report is submitted to appropriate committees of the legislature by October 1, 1993, and at the beginning of each biennial quarter thereafter, on specific plans for accomplishing the goals of this subsection (4)(a), and their outcomes.
(b)(i) The number of persons receiving community residential services shall not be reduced below the end of fiscal year 1993 level, and shall be increased by the number of persons moving from residential habilitation centers; and
(ii) The benchmark wage and benefits rate for contracted community residential providers shall not be reduced below the January 1993 level((;)).
(c) In addition to slots needed to accommodate persons moving from ICF/MR and nursing facilities, the secretary shall seek federal approval to expand by at least ((500)) 750 the number of persons receiving services under federal medicaid home- and community-based services waivers. If the waiver request is not approved by the federal health care financing administration, the secretary is authorized to use up to $((15,000,000)) 18,000,000 of the general fund--state appropriation to develop intermediate care facilities for the mentally retarded, personal care, rehabilitative, and other services reimbursable under medicaid without a waiver of federal rules. The secretary shall report to the ways and means committee of the senate and the appropriations committee of the house of representatives by February 1, 1994, on the outcome of these efforts.
(d) The secretary shall report to appropriate committees of the legislature by January 1, 1994, on efforts to obtain federal approval to include living units at Fircrest school as group homes under medicaid home- and community-based services waivers.
(e) In developing employment support plans for individuals with developmental disabilities, counties shall utilize, for those who are programmatically eligible, social security work incentive programs such as plans for achieving self support (PASS) and impairment-related work expense (IRWE).
(f) Counties shall use a portion of the general fund--state appropriation for the implementation of working agreements with the vocational rehabilitation program to maximize the use of federal funding for vocational programs.
(g) $((2,210,000)) 1,935,000 of the general fund--state appropriation is provided solely for employment programs, or community access programs to the extent that the programs will lead to employment, for those persons who complete a high school curriculum during the 1993-95 biennium. Portions of this amount may be used for employment programs developed through the vocational rehabilitation program. Federal appropriations for this purpose are provided in the appropriations for the vocational rehabilitation program.
(h) The secretary of social and health services shall develop and implement a plan for increasing the efficiency of community residential services funded under this act. The plan shall include specific strategies and timelines for (i) providing community residential services during 1995-97 for at least 220 adults who are presently not receiving a state-funded residential service; while (ii) reducing the cost of community residential services by at least $2.9 million of the general fund--state appropriation below the level otherwise needed to continue current services in 1995-97.
Sec. 205. 1993 sp.s. c 24 s 206 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--AGING AND ADULT SERVICES PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((618,987,000))
629,313,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((738,027,000))
727,267,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,004,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((1,359,018,000))
1,358,584,000
The appropriations in this section are subject to the following conditions and limitations:
(1) During the first quarter of the fiscal biennium, the department shall transfer recipients of the chore services program who require assistance with household tasks only to the volunteer chore services program. At least $2,277,000 of the general fund--state appropriation shall be used solely for the volunteer chore services program.
(2) $100,000 of the general fund--state appropriation and $100,000 of the general fund--federal appropriation are provided solely for studying and developing a nursing home case mix reimbursement methodology. The department shall consult with the legislative budget committee in developing its recommendations.
(3) $354,000 of the general fund--state appropriation and $354,000 of the general fund--federal appropriation are provided solely to develop a management information system to collect and maintain information on home and community-based long-term care services and clients.
(4) $180,000 of the general fund--state appropriation is provided solely for adult day health services for persons with AIDS. These services shall be provided through a state-only program by a single agency specializing in long-term care for persons with AIDS.
(5) $150,000 of the general fund--state appropriation is provided solely for the purpose of accelerating the criminal background check process for employees of long-term care facilities, including reducing the turnaround time for nursing facilities licensed under chapter 18.51 RCW and carrying out in full the duties imposed on the department under section 14(2) of Engrossed Second Substitute House Bill No. 2154.
(6) The department shall submit recommendations to the house of representatives health care and appropriations committees and the senate health and human services and ways and means committees by November 15, 1994, on methods to reduce the growth in long term care expenditures to a level no greater than the fiscal growth factors established under Initiative 601. These recommendations shall be developed in collaboration with long term care consumer and provider group representatives, and shall include strategies such as: (a) Assuring that people receive the least costly level of hospital, nursing home, or community-based care consistent with their needs; (b) eliminating excessive and duplicative regulatory, monitoring, and paperwork requirements, to the extent allowed by federal regulations and consistent with quality care, including consideration of any recommendations developed pursuant to section 481, chapter 492, Laws of 1993; (c) increasing the extent to which care tasks can be performed by properly trained and supervised people other than licensed personnel; (d) providing nursing facility preplacement screening and discharge planning regardless of payment source; (e) selective contracting for medicaid funded long-term care services based on considerations of cost and quality; and (f) obtaining federal waivers to reduce the number of medicaid recipients served in nursing facilities relative to other types of long-term care.
Sec. 206. 1993 sp.s. c 24 s 207 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--INCOME ASSISTANCE PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((653,252,000))
698,640,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((599,986,000))
610,195,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((1,253,238,000))
1,308,835,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Payment levels in the programs for aid to families with dependent children, general assistance, and refugee assistance shall contain an energy allowance to offset the costs of energy. The allowance shall be excluded from consideration as income for the purpose of determining eligibility and benefit levels of the food stamp program to the maximum extent such exclusion is authorized under federal law and RCW 74.08.046. To this end, up to $300,000,000 of the income assistance payments is so designated for exemptions of the following amounts:
Family size: 1 2 3 4 5 6 7 8 or more
Exemption: $55 71 86 102 117 133 154 170
(2) $164,000 of the general fund--state appropriation and $196,000 of the general fund--federal appropriation are provided solely to implement the comprehensive plan to coordinate services for homeless children and families. AFDC families whose children are in short-term (less than ninety days) foster care shall retain their grants. In addition, AFDC shall be reactivated for families at risk of homelessness thirty days prior to family reunification for children placed in foster care for more than ninety days.
(3) $644,000 of the general fund--state appropriation and $712,000 of the general fund--federal appropriation are provided solely for the elimination of the one hundred hour rule for recipients of aid to families with dependent children--employable. This change shall take effect July 1, 1994, if the federal government has approved this amendment to the Title IV federal social security act state plan.
Sec. 207. 1993 sp.s. c 24 s 208 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ALCOHOL AND SUBSTANCE ABUSE PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((15,355,000))
14,317,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((65,475,000))
65,548,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((68,572,000))
69,792,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((149,402,000))
149,657,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Up to $304,000 of the general fund--federal appropriation is provided to enact sections 3, 4, and 5 of Engrossed Substitute House Bill No. 2026 (high risk pregnancies). These funds will be used to implement three pilot projects involving pretreatment drug and alcohol services for women of child-bearing age.
(2) From appropriations provided in this section and in section 204 of this act, the secretary of social and health services shall establish a consolidated, privately-operated program specializing in the involuntary treatment of chemically dependent clients, and the voluntary treatment of mentally ill chemical abusers, on the grounds of the northern state multi-service center. In establishing this consolidated program with discrete treatment components, the secretary shall involve mental health and chemical dependency treatment providers, advocacy groups, and local system administrators in designing the program, developing its admission and discharge procedures, and selecting and monitoring the contractor.
(3) $50,000 of the general fund--state appropriation is provided solely to develop a protocol for integrating family planning practices into substance abuse treatment programs and to provide technical assistance on the protocol to ten treatment agencies throughout the state.
(4) $9,544,000 of the total appropriation is provided solely for the grant programs for school districts and educational service districts set forth in RCW 28A.170.080 through 28A.170.100, including state support activities, as administered through the office of the superintendent of public instruction.
Sec. 208. 1993 sp.s. c 24 s 209 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MEDICAL ASSISTANCE PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((1,167,705,000))
1,200,957,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((1,804,308,000))
1,791,792,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((361,996,000))
361,950,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((54,777,000))
57,979,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((3,388,786,000))
3,412,678,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Funding is provided in this section for the adult dental program for Title XIX categorically eligible and medically needy persons and to provide foot care services by podiatric physicians and surgeons.
(2) $160,000 of the general fund--state appropriation and $160,000 of the general fund--federal appropriation are provided solely for the prenatal triage clearinghouse to provide access and outreach to reduce infant mortality.
(3) The department shall contract for the services of private debt collection agencies to maximize financial recoveries from third parties where it is not cost-effective for the state to seek the recovery directly.
(4) $3,128,000 of the general fund--state appropriation is provided solely for treatment of low-income kidney dialysis patients.
(5) $((148,000)) 144,000 of the general fund--state appropriation is provided solely to continue the DECODE program.
(6) It is the intent of the legislature that Harborview medical center continue to be an economically viable component of the health care system and that the state's financial interest in Harborview medical center be recognized.
(7) $((50,240,000)) 53,442,000 of the health services account--state appropriation and $((61,404,000)) 58,202,000 of the general fund--federal appropriation are provided solely to expand medicaid eligibility to 200 percent of poverty for children through age 18, effective July 1, 1994. The appropriation in this subsection includes $662,000 from the health services account--state and $808,000 from general fund--federal to accelerate the implementation of managed care in the medicaid program. It also includes funds to administer the expanded caseload and to coordinate with the basic health plan. This subsection includes funds for full coverage of children enrolled in the basic health plan and eligible for medicaid under eligibility standards in place July 1, 1993. It is the intent of the legislature that children covered through this expanded coverage shall be enrolled in managed care plans to the maximum extent possible. The department shall seek to expand its managed care waivers to require children funded through this subsection to enroll in the basic health plan or other managed care systems. The department shall create a special eligibility category for children covered by this eligibility expansion, so that expenditures, unit costs and individuals served may be reported consistently over time. The department shall also provide for consistent reporting on other medicaid children served through the basic health plan.
(8) $644,000 of the health services account appropriation is provided solely for costs associated with the waiver application required by health care reform.
(9) $1,693,000 of the health services account appropriation is provided solely to expand maternity care services previously supported through the department of health.
(10) $100,000 of the general fund--state appropriation and $800,000 of the general fund--federal appropriation are provided solely for one-time additional outreach efforts to extend family planning coverage to more women and to establish on-site family planning capabilities at the Spokane North community services office.
(11) $400,000 of the general fund--state appropriation and $400,000 of the general fund--federal appropriation are provided solely for transitioning social security income clients to the healthy options managed care program during the current biennium.
NEW SECTION. Sec. 209. A new section is added to chapter 24, Laws of 1993 sp.s. (uncodified) to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MEDICAL ASSISTANCE ADMINISTRATION.
$35,000 from the general fund--state and $35,000 from the general fund--federal are appropriated for the purposes of examining selective state-wide contracting as a cost-saving measure. Items to be considered for selective state-wide contracting include, but are not limited to, prescription drugs, durable medical equipment, eyeglasses, and hearing aids. Selective contracts should be considered both as a way to provide a benchmark price in negotiating with managed care plans for the inclusion of particular services and as a way to supplement managed care plans unable to offer particular services. By December 1, 1994, the department shall report to the fiscal committees of the legislature the fiscal impact of selective state-wide contracting for those items examined.
NEW SECTION. Sec. 210. A new section is added to chapter 24, Laws of 1993 sp.s. (uncodified) to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MEDICAL ASSISTANCE ADMINISTRATION.
$35,000 from the general fund--state and $35,000 from the general fund--federal are appropriated for the purposes of analyzing the current definition of medical necessity. The department shall consult with the office of financial management, the health services commission, relevant health care providers and bioethicists, and client advocacy groups to complete their analysis. No later than December 1, 1994, the department and the office of financial management and the health services commission shall report to the fiscal committees of the legislature the findings and fiscal implications of their analysis.
Sec. 211. 1993 sp.s. c 24 s 210 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--VOCATIONAL REHABILITATION PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((15,406,000))
15,681,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 68,237,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 2,127,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((83,643,000))
86,045,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The division of vocational rehabilitation shall negotiate cooperative interagency agreements with mental health regional support networks and with community developmental disabilities programs to improve and expand employment opportunities for people with severe disabilities served by those local agencies. Of the funds appropriated in this section, $7,859,000 of the general fund--federal appropriation is provided solely as match for ((state appropriations included in other sections of this act to implement these cooperative agreements)) the general fund--local appropriation included in this section.
(2) The division of vocational rehabilitation shall assure that individuals affected by reductions in the job support services (extended sheltered employment) program have access to services under the regular state and federal vocational rehabilitation program that will enable them to obtain and maintain ongoing competitive or supported employment.
(3) $275,000 of the general fund--state appropriation and $1,015,000 of the general fund--federal appropriation is provided solely for vocational rehabilitation services for individuals with severe disabilities who complete a high school curriculum during the 1993-95 biennium.
(4) Expenditure of funds appropriated in this section for the information systems project known as STARS is conditioned upon compliance with section 902, chapter 24, Laws of 1993 sp. sess.
Sec. 212. 1993 sp.s. c 24 s 211 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ADMINISTRATION AND SUPPORTING SERVICES PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((46,547,000))
45,744,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((37,420,000))
38,172,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((83,967,000))
83,916,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The secretary of social and health services and the director of labor and industries shall report to the legislature by December 1, 1993, on strategies for reducing workers compensation costs in developmental disabilities, juvenile rehabilitation, and mental health facilities operated by the department of social and health services.
(2) The report shall identify the specific 1994-97 costs and savings associated with at least the following strategies for reducing workers compensation claims and costs: (a) Injury prevention strategies; (b) improved return to work efforts; (c) more effective claims management through designation of a specific claims unit in the department of labor and industries; and (d) more effective claims management through delegation of claims management responsibility to the department of social and health services.
(3) The report shall also address the projected costs and benefits of at least the following strategies for financing injury and claims reduction efforts: (a) Upfront loss control credits; (b) post-biennial charges for actual costs rather than the current three-year actuarially adjusted method; (c) revised case reserve policies; and (d) reducing the number of state employee risk classifications.
(4) The report shall be submitted to the committees on ways and means and labor and commerce of the senate, and to the committees on appropriations and commerce and labor of the house of representatives.
(5) The department shall enter an interagency agreement transferring $100,000 to the human rights commission by August 1, 1993, to offset the cost of investigating claims filed with the commission by department employees and clients.
(6) The secretary of social and health services and the director of labor and industries shall negotiate and implement an upfront loss control discount as recommended in the agencies' January 1994 report to the legislature. The agreement shall identify: (a) Specific, measurable goals for reduced worker injuries and time-loss in the state developmental disabilities institutions and mental hospitals; (b) the actions that each agency will take to accomplish such reductions; and (c) the methods and frequency with which progress toward those goals shall be reported. By July 1, 1994, and every six months thereafter, the departments shall report to the appropriate fiscal and policy committees of the legislature on the status of the agreement and changes to date in injury and time-loss rates.
(7) The secretary shall develop and implement a plan for increasing the sensitivity and effectiveness with which the department implements the requirement that parents of developmentally disabled children in foster care contribute to the cost of their child's care. The plan shall be a coordinated effort of the divisions of children and family services, developmental disabilities, and support enforcement, and shall include strategies such as (a) providing parents with easy-to-understand brochures informing them of their rights and responsibilities; (b) providing training for advocacy and parent support groups on financial responsibility requirements and procedures; (c) designating specially-trained workers to manage collections for developmental disabilities cases; and (d) at the secretary's discretion, foregoing of federal reimbursement which would require unduly intrusive collection activities such as automatic wage attachments or collection for amounts owed prior to notification of financial responsibility.
(8) $660,000 of the general fund--state appropriation is provided solely for a matching grant to assist united way of Pierce county with the purchase of the historic Sprague building in downtown Tacoma. The Sprague building acquisition will allow for consolidation of many human services activities and available space will be leased at below market rates. The united way of Pierce county shall provide space in the Sprague building for the department of social and health services at no charge.
(9) $195,000 of the general fund--state appropriation is provided solely for a matching grant to assist the center for human services with purchasing a building in King county to house it's social services and educational programs. State matching funds are intended to reduce housing costs and will allow more local funding to be available for direct services to clients.
Sec. 213. 1993 sp.s. c 24 s 212 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--COMMUNITY SERVICES ADMINISTRATION PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((219,837,000))
222,778,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((257,237,000))
255,588,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 793,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((477,867,000))
479,159,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((8,953,000)) 12,110,000 of the general fund--state appropriation and $((21,683,000)) 17,454,000 of the general fund--federal appropriation are provided solely for the development of the automated client eligibility system. Authority to expend these funds is conditioned on compliance with section 902 of this act.
(2) The department shall distribute additional staff positions to community service offices to address increased workloads. In distributing the positions, the department shall ensure that additional staff are provided to the community service offices with the greatest workload in relation to current staff resources.
(3) $793,000 of the health services account--state and $969,000 of the general fund--federal appropriation are provided solely for the costs associated with expanding medicaid eligibility to 200 percent of poverty level for children through age 18, effective July 1, 1994.
(4) The department shall immediately develop mechanisms for the income assistance program, the medical assistance program, and community services administration to facilitate the enrollment in the federal supplemental security income program for disabled persons currently receiving aid to families with dependent children.
(5) $611,000 of the general fund--state appropriation and $611,000 of the general fund--federal appropriation are provided solely to (a) train community service office staff in the effective communication of the expectation that public assistance recipients will enter employment, (b) provide family planning and employment information and educational video programs in the community service office waiting rooms, and (c) hold community meetings and workshops to involve community members and clients in developing effective strategies for service delivery.
(6) $1,697,000 of the general fund--state appropriation and $1,997,000 of the general fund--federal appropriation are provided solely to implement provisions of Engrossed Second Substitute House Bill No. 2798 (public assistance reform) which provide for increased access to family planning in the community service offices, a system to track recipients who leave assistance having taken any job offered, coordination and planning of an evaluation of state-wide changes to public assistance which take effect July 1, 1995, and changes to the automated client eligibility system.
(7) $750,000 of the general fund--federal appropriation is provided solely as matching funds for the administrative contingency fund appropriation in the employment security department to implement section 6 of Engrossed Second Substitute House Bill No. 2798 (public assistance reform).
(8) $100,000 of the general fund--state appropriation and $100,000 of the general fund--federal appropriation are provided solely for the Washington state institute of public policy to continue conducting, for one additional year, its longitudinal study of families receiving, or at risk of receiving, public assistance.
Sec. 214. 1993 sp.s. c 24 s 213 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--REVENUE COLLECTIONS PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((35,763,000))
41,409,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((178,043,000))
136,539,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((280,000))
36,141,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((214,086,000))
214,089,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $415,000 of the general fund--state appropriation and $139,000 of the general fund--federal appropriation are provided solely to implement Senate Bill No. 5723 (increased recovery from social service clients). If the bill is not enacted by June 30, 1993, the amounts provided in this subsection shall lapse.
(2) $47,000 of the general fund--state appropriation is provided solely to implement House Bill No. 2492 (medicaid estate recovery). If the bill is not enacted by June 30, 1994, the amount provided in this subsection shall lapse.
Sec. 215. 1993 sp.s. c 24 s 214 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--PAYMENTS TO OTHER AGENCIES PROGRAM
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((30,935,000))
31,226,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((11,724,000))
11,903,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((42,659,000))
43,129,000
The appropriations in this section are subject to the following conditions and limitations: The department may transfer up to $1,810,000 of the general fund--state appropriation and $416,000 of the general fund--federal appropriation from its various programs to implement reductions related to the consolidated mail service.
Sec. 216. 1993 sp.s. c 24 s 215 (uncodified) is amended to read as follows:
FOR THE HEALTH ((CARE)) SERVICES COMMISSION
Health Services Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .$ ((4,004,000))
4,053,000
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . $ 180,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . $ 4,233,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $49,000 of the health services account appropriation is provided solely for analyzing the requirements associated with providing health insurance coverage for farmworkers.
(2)(a) $150,000 of the general fund appropriation is provided solely for comparing the scope and cost of services provided by: (i) The basic health plan, (ii) the uniform benefits package, (iii) the state employee health insurance package, and (iv) the medical assistance program. The health services commission and the office of financial management shall report the findings and fiscal implications of this study to the fiscal committees of the legislature by December 1, 1994.
(b) This study shall:
(i) Take into account the relative ability of medical assistance clients to pay compared with those persons receiving coverage in (a)(i), (ii) and (iii) of this subsection.
(ii) Analyze the impact of means-tested co-payments, co-insurance, and deductibles for persons receiving medical assistance. An examination of the feasibility and cost of administering such payments and their potential positive and negative impacts on health care usage shall also be made.
(3) $30,000 of the general fund appropriation is provided solely for the purpose of studying other states' experiences with defining medical necessity used in their medical assistance programs. No later than December 1, 1994, the commission in consultation with the office of financial management shall report to the legislature on how other states have defined medical necessity and include consideration of: (a) The probabilities of success of high-cost treatments, (b) whether high-cost treatment will provide any appreciable positive impact on a patient's quality of life, (c) a patient's other existing medical conditions and expected remaining years of life, and (d) the bioethical implications of such definitions.
Sec. 217. 1993 sp.s. c 24 s 216 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE HEALTH CARE AUTHORITY
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . $ ((6,810,000))
27,418,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . $ ((139,368,000))
136,568,000
State Health Care Authority Administrative Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .$ ((10,045,000))
9,928,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . $ ((156,223,000))
173,914,000
The appropriations in this section are subject to the following conditions and limitations:
(1) From the nonappropriated retired school employees insurance account, the health care authority shall reimburse the department of retirement systems through interagency agreements for enrolling K-12 retirees in a state-administered health benefits plan.
(2) $1,205,000 of the health services account appropriation is provided solely for health care reform planning. If Engrossed Substitute Senate Bill No. 5304 (health care reform) is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(3) $6,810,000 of the general fund appropriation and $5,000,000 of the health services account appropriation are provided solely to implement the transfer of the community health clinics funding from the department of health provided in Engrossed Substitute Senate Bill No. 5304 (health care reform).
(4) $222,000 of the health services account appropriation is provided solely to work with school districts in preparation of providing school employees state-administered health care plans, in accordance with Engrossed Substitute Senate Bill No. 5304 (health care reform).
(5) The health care authority shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law, or unless the services were provided on March 1, 1993. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation that provides appropriation authority, and an equal amount of appropriated state moneys shall lapse. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(6)(a) $((132,941,000)) 130,153,000 of the health services account appropriation ((is)) and $20,608,000 of the general fund appropriation are provided solely for health coverage through the subsidized portion of the basic health plan and program administration. Expenditures from the general fund amount provided in this subsection shall be made only to the extent that the office of financial management certifies that revenues to the health services account during the 1993-95 fiscal biennium are insufficient to fully fund all appropriations from the health services account for the biennium. Total expenditures under this subsection shall not exceed $130,153,000.
(b) Beginning July 1, 1993, the administrator shall coordinate coverage with the medical assistance division of the department of social and health services to earn federal matching funds and to provide full medical assistance services for eligible children.
Sec. 218. 1993 sp.s. c 24 s 219 (uncodified) is amended to read as follows:
FOR THE HUMAN RIGHTS COMMISSION
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((3,919,000))
3,841,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 1,009,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 402,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((5,330,000))
5,252,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $197,964 of the general fund--private/local appropriation is provided solely for the provision of technical assistance services by the commission.
(2) $102,000 of the general fund--state appropriation is provided solely to implement Substitute House Bill No. 1443 (jurisdiction of the human rights commission). If the bill is not enacted by June 30, 1994, the amount provided in this subsection shall lapse.
(3) $50,000 of the general fund--state appropriation is provided to implement Substitute House Bill No. 1966 (racial disproportionality study recommendations).
Sec. 219. 1993 sp.s. c 24 s 220 (uncodified) is amended to read as follows:
FOR THE BOARD OF INDUSTRIAL INSURANCE APPEALS
((General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ 110,000))
Worker and Community Right-to-Know Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 20,000
Accident Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((10,194,000))
9,990,000
Medical Aid Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ ((10,194,000))
9,990,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((20,518,000))
20,000,000
Sec. 220. 1993 sp.s. c 24 s 221 (uncodified) is amended to read as follows:
FOR THE CRIMINAL JUSTICE TRAINING COMMISSION
Death Investigations Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 38,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((10,818,000))
10,654,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 344,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((11,200,000))
11,036,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The public safety and education account appropriation provides sufficient money to implement section 5 of Engrossed Substitute House Bill No. 1569 (malicious harassment).
(2)(a) By September 30, 1994, the Washington state criminal justice training commission, the Washington state patrol, and the Washington association of sheriffs and police chiefs shall develop a written model policy on vehicular pursuits.
(b) The Washington state criminal justice training commission shall make the vehicular pursuit model policy available to the Washington state patrol and local law enforcement agencies.
Sec. 221. 1993 sp.s. c 24 s 222 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LABOR AND INDUSTRIES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((9,241,000))
9,487,000
Public Works Administration--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . $ ((1,175,000))
1,591,000
Public Safety and Education Account State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 20,513,000
Public Safety and Education Account Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((4,783,000))
6,165,000
Public Safety and Education Account Private/Local
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 100,000
Accident Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((144,374,000))
141,261,000
Accident Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((7,832,000))
9,112,000
Electrical License Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((18,219,000))
17,315,000
Farm Labor Revolving Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,000
Medical Aid Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((166,439,000))
163,949,000
Medical Aid Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 1,592,000
Plumbing Certificate Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((227,000))
700,000
Pressure Systems Safety Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((1,981,000))
1,857,000
Worker and Community Right-to-Know Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((2,170,000))
2,145,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((378,674,000))
375,815,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The secretary of social and health services and the director of labor and industries shall report to the legislature by January 1, 1994, on strategies for reducing workers compensation costs in developmental disabilities, juvenile rehabilitation, and mental health facilities operated by the department of social and health services.
(2) The report shall identify the specific 1994-97 costs and savings associated with at least the following strategies for reducing workers compensation claims and costs: (a) Injury prevention strategies; (b) improved returned to work efforts; (c) more effective claims management through designation of a specific claims unit in the department of labor and industries; and (d) more effective claims management through delegation of claims management responsibility to the department of social and health services.
(3) The report shall also address the projected costs and benefits of at least the following strategies for financing injury and claims reduction efforts: (a) Upfront loss control credits; (b) post-biennial charges for actual costs rather than the current three-year actuarially adjusted method; (c) revised case reserve policies; and (d) reducing the number of state employee risk classifications.
(4) The report shall be submitted to the committees on ways and means and labor and commerce of the senate, and to the committees on appropriations and commerce and labor of the house of representatives.
(5) Expenditure of funds appropriated in this section for the information systems projects identified in agency budget requests as "prime migration((,))" and "state fund information system((,))" ((and "safety and health information management system")) is conditioned upon compliance with section 902 of this act.
(6) Pursuant to RCW 7.68.015, the department shall operate the crime victims compensation program within the public safety and education act funds appropriated in this section. In the event that cost containment measures are necessary, the department may (a) institute copayments for services; (b) develop preferred provider and managed care contracts; (c) place benefit maximums on treatment; (d) coordinate with the department of social and health services to use public safety and education account funds as the match for federal Title XIX reimbursement, to the extent this maximizes total funds available for services to crime victims; and (e) establish priorities for the provision of services to eligible claimants as follows:
(i) Emergency medical services (inclusive of sexual assault examinations and emergency transportation);
(ii) Nonemergency medical and outpatient mental health services;
(iii) Family member mental health services;
(iv) Direct compensation (wage loss and disability) benefits on future claims; and
(v) Substance abuse and inpatient mental health services.
(7) $470,000 of the medical aid fund--state appropriation is provided solely for activities required by Engrossed Second Substitute Senate Bill No. 5304 (health care reform). If the bill is not enacted by July 1, 1993, the amount provided in this subsection shall lapse.
(8) The director of labor and industries and the secretary of social and health services shall negotiate and implement an upfront loss control discount as recommended in the agencies' January 1994 report to the legislature. The agreement shall identify: (a) Specific, measurable goals for reduced worker injuries and time-loss in the state developmental disabilities institutions and mental hospitals; (b) the actions which each agency will take to accomplish such reductions; and (c) the methods and frequency with which progress toward those goals shall be reported. By July 1, 1994, and every six months thereafter, the departments shall report to the appropriate fiscal and policy committees of the legislature on the status of the agreement, and changes to date in injury and time-loss rates.
(9) $108,000 of the general fund--state appropriation is provided solely for an interagency agreement to reimburse the board of industrial insurance appeals for crime victims appeals.
(10) Up to $1,500,000 of the medical aid fund--state appropriation is provided solely to implement section 4 of Substitute House Bill No. 2696 (chemically related illness). Prior to the expenditure of these funds, an agency implementation plan must be approved as required under section 4 of Substitute House Bill No. 2696. If the bill is not enacted by June 30, 1994, the amount provided in this subsection shall lapse.
(11) $210,000 of the general fund--state appropriation is provided solely for enhancing the building inspection program.
(12) The department shall provide support to the workers' compensation advisory committee which shall undertake a review of the cost-effectiveness and appellate structure of the board of industrial insurance appeals system. The committee shall seek input from all interested and affected parties. The committee shall report its recommendations to the governor and the legislature by December 1, 1994.
Sec. 222. 1993 sp.s. c 24 s 223 (uncodified) is amended to read as follows:
FOR THE INDETERMINATE SENTENCE REVIEW BOARD
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((2,643,000))
2,591,000
Sec. 223. 1993 sp.s. c 24 s 224 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
((General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 20,701,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 16,099,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 10,088,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 50,000
Charitable, Educational, Penal, and Reformatory
Institutions Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 4,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 46,942,000))
(1) HEADQUARTERS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 2,565,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 78,000
Charitable, Educational, Penal, and Reformatory
Institutions Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 4,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 2,647,000
(2) FIELD SERVICES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 3,437,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 618,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 58,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 4,113,000
(3) VETERANS HOME
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 8,090,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 10,154,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 7,528,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 25,772,000
(4) SOLDIERS HOME
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 5,598,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 5,869,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 4,642,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 16,109,000
Sec. 224. 1993 sp.s. c 24 s 225 (uncodified) is amended to read as follows:
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((92,520,000))
89,662,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((160,977,000))
183,990,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((22,357,000))
21,462,000
Hospital Commission Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,028,000
Medical Disciplinary Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,806,000
Health Professions Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((27,931,000))
27,772,000
Industrial Insurance Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,000
State Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,091,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 467,000
Medical Test Site Licensure Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((2,584,000))
1,832,000
Safe Drinking Water Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,850,000))
2,710,000
Public Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000,000
Youth Tobacco Prevention Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,830,000
Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 2,997,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((11,171,000))
12,587,000
Waterworks Operator Certification Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 522,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((352,609,000))
373,770,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,465,000 of the general fund--state appropriation is provided for the implementation of the Puget Sound water quality management plan.
(2) $3,900,000 of the public health services account appropriation is provided solely to implement Second Substitute Senate Bill No. 5239 (centralizing poison information services). If the bill is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(3) $2,750,000 of the public health services account appropriation is provided solely for teen pregnancy prevention activities as provided in Engrossed Substitute House Bill No. 1408 (teen pregnancy prevention). The media campaign portion of the program shall be provided through a nonprofit corporation.
(4) $1,000,000 of the public health services account appropriation is provided solely for a counter message advertising campaign aimed at reducing high risk teen behaviors, reducing tobacco and substance abuse, and encouraging sexual abstinence. The media campaign shall be provided through a nonprofit corporation.
(5) $100,000 of the public health services account appropriation is provided solely for the community-based multicultural assistance program.
(6) $1,000,000 of the public health services account appropriation is provided solely for immunization programs to include: $200,000 for provider and public education, $200,000 for demonstration projects in low-income or economically distressed areas, and $600,000 for competitive challenge grants to be matched on a one-to-one basis by applicant communities.
(7) $1,000,000 of the public health services account appropriation is provided solely for enhanced family planning services.
(8) $250,000 of the public health services account appropriation is provided solely for development of the public health services improvement plan.
(9) $10,000,000 of the public health services account appropriation is provided solely for distribution to local health departments for distribution on a per capita basis. Prior to distributing these funds, the department shall adopt rules and procedures to ensure that these funds are not used to replace current local support for public health programs.
(10) $1,507,000 of the health services account appropriation is provided solely for improving recruitment and retention of primary care providers in rural and underserved areas.
(11) $1,948,000 of the health services account appropriation is provided solely for training emergency medical service personnel.
(12) $280,000 of the health services account appropriation is provides solely for malpractice insurance for volunteer primary care providers.
(13) $613,000 of the health services account appropriation is provided solely for development of the health personnel improvement plan.
(14) $1,918,000 of the health services account appropriation is provided solely for special services for children from throughout the state through Children's hospital.
(15) $3,530,000 of the health services account appropriation is provided solely for data activities associated with health care reform.
(16) $1,375,000 of the health services account appropriation is provided solely for the state board of health and health policy activities of the department of health.
(17) $997,000 of the health services account appropriation is provided solely for the certification of emergency services personnel and ambulance services licensing activities performed by the department of health.
(18) $419,000 of the health services account appropriation is provided solely for the pesticide program activities in the department of health.
(19) The department of health shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law, or unless the services were provided on March 1, 1993. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation that provides appropriation authority, and an equal amount of appropriated state moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(((18) The department shall assess fees for certification and licensure of emergency medical service programs. Certification and licensure costs for volunteer personnel shall be paid from local government revenues under RCW 84.52.069.))
(20) The department is authorized to raise existing public water systems operator certification fees in excess of the fiscal growth factor established by Initiative 601 in order to meet the actual costs of certification and regulation.
(21) $1,158,000 of the general fund--state appropriation is provided to the department of health for the violence prevention act (Engrossed Second Substitute House Bill No. 2319). The department will develop comprehensive rules for the collection of data related to violence, risk, and protective factors. In addition, the department will also establish standards for local health departments to use in planning and policy development to prevent juvenile crime and develop a reporting format for public media to voluntarily report efforts to reduce violence.
(22) $25,000 of the general fund--state appropriation is provided solely to develop a state-wide youth suicide prevention plan.
Sec. 225. 1993 sp.s. c 24 s 226 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
(1) COMMUNITY CORRECTIONS
General Fund—State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((144,578,000))
136,845,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 114,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((144,692,000))
136,959,000
The appropriations in this subsection are subject to the following conditions and limitations: The department shall not expend any funds appropriated in this act for the supervision of misdemeanants, except in the case of agreements entered into by the department with units of local government pursuant to RCW 72.09.300.
(2) INSTITUTIONAL SERVICES
General Fund—State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((516,108,000))
502,077,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,836,000
((Transportation Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 1,075,000))
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((519,019,000))
503,913,000
(3) ADMINISTRATION AND PROGRAM SUPPORT
General Fund—State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((25,754,000))
27,386,000
State Capital Vehicle Parking Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 90,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 147,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((25,901,000))
27,623,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $356,000 of the general fund--state appropriation is provided solely for the development of a centralized claims data collection system for health services provided by the department to inmates. Expenditures are contingent on the formal approval by the health care authority of the design of the system. The department shall report, by January 1, 1995, to the house of representatives corrections committee, the house of representatives appropriations committee, and the senate ways and means committee on savings that may result from centralized claims administration and bill review. The report shall also contain plans and a timeline for the development and implementation of comprehensive cost containment strategies developed in conjunction with the health care authority.
(b) By January 1, 1996, the department shall develop a standard set of health services available for inmates in correctional facilities consistent with the schedule of services that meets the coverage for subsidized enrollees in the basic health plan, pursuant to chapter 70.47 RCW. The services for incarcerated inmates shall exceed the level of services available under the basic health plan for subsidized enrollees only to the extent that they have been identified by the secretary as medically necessary. At such time as the legislature adopts a uniform benefits package pursuant to RCW 43.72.130, the department shall replace the schedule of services for incarcerated inmates with the health care services allowed under the uniform benefits package. The uniform benefits package of services for incarcerated inmates shall exceed the services available under the uniform benefits package only to the extent that they have been identified as medically necessary and appropriate supplemental benefits and services by the secretary.
(c) The department shall submit recommendations to the house of representatives appropriations committee, the house of representatives capital committee, and the senate ways and means committee by January 1, 1995, on methods of reducing operating costs in its facilities through the use of highest and best use analysis and life cycle cost analysis as developed by the legislative budget committee in its report Department of Corrections Capacity Planning and Implementation (LBC 94-1). In identifying options for reductions in its operating budget, the department shall specify the capital costs and savings as well as operating budget savings related to each option.
(d) Indian Ridge correctional center shall be made available to the division of juvenile rehabilitation by October 15, 1994. The department of corrections and the division of juvenile rehabilitation may enter into a contract for operation of the facility prior to the date of transfer.
(4) CORRECTIONAL INDUSTRIES
General Fund—State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((3,795,000))
3,797,000
(5) REVOLVING FUNDS
General Fund—State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((10,404,000))
10,576,000
Sec. 226. 1993 sp.s. c 24 s 227 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SERVICES FOR THE BLIND
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((2,601,000))
2,587,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((8,552,000))
8,510,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 80,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((11,233,000))
11,177,000
Sec. 227. 1993 sp.s. c 24 s 228 (uncodified) is amended to read as follows:
FOR THE SENTENCING GUIDELINES COMMISSION
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((662,000))
723,000
Sec. 228. 1993 sp.s. c 24 s 229 (uncodified) is amended to read as follows:
FOR THE EMPLOYMENT SECURITY DEPARTMENT
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((1,397,000))
1,997,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 144,834,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 19,982,000
Industrial Insurance Premium Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 30,000
Administrative Contingency Fund--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((7,528,000))
8,235,000
Unemployment Compensation Administration Fund--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((152,409,000))
152,309,000
Employment Service Administration Account
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((11,272,000))
11,340,000
Employment Training Trust Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 7,804,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((345,226,000))
346,531,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $63,000 of the administrative contingency fund--federal appropriation is provided solely to implement section 30 of chapter 315, Laws of 1991, (Engrossed Substitute Senate Bill No. 5555, timber areas assistance) for the department to contract with the department of community development for support of existing employment centers in timber-dependent communities.
(2) $215,000 of the administrative contingency fund--federal appropriation is provided solely for the department to contract with the department of community development for support of existing reemployment support centers.
(3) $643,000 of the administrative contingency fund--federal appropriation is provided solely for programs authorized in sections 5 through 9 of chapter 315, Laws of 1991 (Engrossed Substitute Senate Bill No. 5555, countercyclical program for timber-impacted areas).
(4) $304,000 of the administrative contingency fund--federal appropriation is provided solely for programs authorized in section 3 of chapter 315, Laws of 1991 (Engrossed Substitute Senate Bill No. 5555, self-employment enterprise development program for timber areas).
(5) $289,000 of the administrative contingency fund--federal appropriation is provided solely for programs authorized in sections 3, 4, 5, and 9 of chapter 315, Law of 1991 (Engrossed Substitute Senate Bill No. 5555, timber areas assistance) for administration of extended unemployment benefits (timber AB screening - UI benefits extensions).
(6) $671,000 of the administrative contingency fund--federal appropriation is provided solely for the corrections clearinghouse coordinator.
(7) $778,000 of the administrative contingency fund--federal appropriation is provided solely for the corrections clearinghouse ex-offender program.
(8) $313,000 of the administrative contingency fund--federal appropriation is provided solely for the corrections clearinghouse career awareness program.
(9) $1,790,471 of the administrative contingency fund--federal appropriation is provided solely for the Washington service corps program.
(10) $270,000 of the unemployment compensation account--federal appropriation is provided solely for the resource center for the handicapped.
(11) The employment security department shall spend no more than $((13,778,541)) 22,069,541 of the general fund--federal appropriation for the general unemployment insurance development effort (GUIDE) project. Of this amount, $8,291,000 is transferred to the office of financial management to monitor the contract and expenditures for the GUIDE project. The office of financial management shall report to the appropriate legislative committees on the progress of GUIDE by January 1, 1995. Authority to expend this amount is conditioned on compliance with section 902 of chapter 24, Laws of 1993, sp. sess.
(12) $300,000 of the general fund--state appropriation is provided solely to implement Engrossed Substitute House Bill No. 1529 (timber programs reauthorization). If Engrossed Substitute House Bill No. 1529 is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(13) $275,000 of the general fund--state appropriation is provided solely to implement a youth gang prevention program. If Engrossed Substitute House Bill No. 1333 is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(14) $400,000 of the general fund--state appropriation is provided solely for transfer to the department of social and health services division of vocational rehabilitation solely to contract with the Washington initiative for supported employment for the purpose of continuing the promotion of supported employment services for persons with significant disabilities.
(15) $400,000 of the general fund--state appropriation is provided solely to implement the Washington serves program. If Substitute House Bill No. 1969 is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(16) $500,000 of the administrative contingency fund appropriation is provided solely to match $750,000 of the general fund--federal appropriation for the department of social and health services. The $1,250,000 is provided solely for additional job counselors required under section 6 of Engrossed Second Substitute House Bill No. 2798 (public assistance reform).
(17) $600,000 of the general fund--state appropriation is provided solely to fund projects that provide employment and training opportunities for disadvantaged youth under a youthbuild or youthbuild-type program. "Youthbuild" means any program that provides disadvantaged youth with opportunities for employment, education, leadership development, entrepreneurial skills development, and training in the construction or rehabilitation of housing for special need populations, very low-income households, or low-income households.
(18) $68,000 of the employment service administration account--federal appropriation is provided solely for supporting the unemployment insurance task force as prescribed under chapter 483, Laws of 1993 and Substitute Senate Bill No. 6217 (unemployment insurance task force).
(19) $80,000 of the unemployment compensation administration fund--federal appropriation is provided solely for Engrossed Senate Bill No. 6480 (unemployment insurance compensation).
PART III
NATURAL RESOURCES
Sec. 301. 1993 sp.s. c 24 s 301 (uncodified) is amended to read as follows:
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((1,518,000))
1,488,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((23,675,000))
22,922,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 6,769,000
Geothermal Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 41,000
Building Code Council Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 92,000
Air Pollution Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,007,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,000
Energy Efficiency Services Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,056,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((39,162,000))
38,379,000
Sec. 302. 1993 sp.s. c 24 s 302 (uncodified) is amended to read as follows:
FOR THE COLUMBIA RIVER GORGE COMMISSION
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((574,000))
563,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((542,000))
531,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((1,116,000))
1,094,000
Sec. 303. 1993 sp.s. c 24 s 303 (uncodified) is amended to read as follows:
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((55,625,000))
53,557,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((45,061,000))
44,601,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,103,000))
946,000
Special Grass Seed Burning Research Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 132,000
Reclamation Revolving Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((1,696,000))
2,096,000
Emergency Water Project Revolving Account
Appropriation: Appropriation pursuant to
chapter 1, Laws of 1977 ex.s.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 312,000
Litter Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 6,388,000
State and Local Improvements Revolving Account--
Waste Disposal Facilities: Appropriation
pursuant to chapter 127, Laws of 1972
ex.s. (Referendum 26). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,680,000))
2,632,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((42,000))
172,000
State and Local Improvements Revolving Account--
Water Supply Facilities: Appropriation pursuant
to chapter 234, Laws of 1979 ex.s.
(Referendum 38). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,349,000
Stream Gaging Basic Data Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((303,000))
221,000
Vehicle Tire Recycling Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((7,832,000))
9,782,000
Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((2,700,000))
2,701,000
Wood Stove Education Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,382,000))
1,297,000
Worker and Community Right-to-Know Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((410,000))
439,000
State Toxics Control Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ ((55,242,000))
54,147,000
Local Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((3,314,000))
3,207,000
Water Quality Permit Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,714,000
Solid Waste Management Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 11,463,000
Underground Storage Tank Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ ((2,970,000))
2,835,000
Hazardous Waste Assistance Account Appropriation. . . . . . . . . . . . . . . . . . . . . .$ 4,112,000
Air Pollution Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((14,217,000))
13,841,000
Oil Spill Response Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((7,256,000))
7,060,000
Oil Spill Administration Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $ ((3,738,000))
3,526,000
Fresh Water Aquatic Weed Control Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,686,000))
1,978,000
Air Operating Permit Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,566,000
Water Pollution Control Revolving Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((196,000))
177,000
Water Pollution Control Revolving Account--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,034,000
Public Works Assistance Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,000,000
Water Right Processing and Data Management
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,154,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((261,523,000))
261,439,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $6,222,000 of the general fund--state appropriation and $1,071,000 of the general fund--federal appropriation are provided for the implementation of the Puget Sound water quality management plan.
(2) $7,800,000 of the general fund--state appropriation is provided solely for the auto emissions inspection and maintenance program. Expenditure of the amount provided in this subsection is contingent upon a like amount being deposited in the general fund from auto emission inspection fees in accordance with RCW 70.120.170(4).
(3) $400,000 of the general fund--state appropriation is provided solely for water resource management activities associated with the continued implementation of the regional pilot projects started in the 1991-93 biennium.
(4) $3,100,000 of the state toxics control account appropriation is provided solely for the following purposes:
(a) To conduct remedial actions for sites for which there are no potentially liable persons or for which potentially liable persons cannot be found;
(b) To provide funding to assist potentially liable persons under RCW 70.105D.070(2)(d)(xi) to pay for the cost of the remedial actions; and
(c) To conduct remedial actions for sites for which potentially liable persons have refused to comply with the orders issued by the department under RCW 70.105D.030 requiring the persons to provide the remedial action.
(5) $4,566,000 of the air operating permit fee account appropriation and $642,000 of the air pollution control account appropriation are provided solely to implement Engrossed Substitute House Bill No. 1089, reauthorizing air operating permits. If Engrossed Substitute House Bill No. 1089 is not enacted by June 30, 1993, $4,566,000 of the air operating permit fee account appropriation and $642,000 of the air pollution control account appropriation shall lapse.
(6) Of the solid waste management account appropriation, $6,100,000 is provided solely for grants to local governments to implement waste reduction and recycling programs, $75,000 is provided solely for grants to local governments for costs related to contaminated oil collected from publicly used oil collection facilities, and $40,000 is provided solely for school recycling awards. If Second Substitute Senate Bill No. 5288 is not enacted by June 30, 1993, $10,200,000 of the solid waste management account appropriation and the amounts provided in this subsection shall lapse.
(7)(a) $2,000,000 of the general fund--state appropriation is provided solely for the continued implementation of the water resources data management system.
(b) If Engrossed Second Substitute Senate Bill No. 6291 (water rights processing) is enacted by June 30, 1994, subsection (7)(a) is null and void and $1,625,000 of the general fund--state appropriation and $125,000 of the water right processing and data management account appropriation are provided solely for the continued implementation of the water resources data management system.
(8)(a) For fiscal year 1994, $3,750,000 of the general fund--state appropriation is provided to administer the water rights permit program. For fiscal year 1995, not more than $1,375,000 of the general fund--state appropriation may be expended for the program unless legislation to increase fees to fund at least fifty percent of the full cost of the water rights permit program, including data management, is enacted by June 30, 1994.
(b) If Engrossed Second Substitute Senate Bill No. 6291 (water rights processing) is enacted by June 30, 1994, $2,029,000 of the general fund--state appropriation and $2,029,000 of the water right processing and data management account appropriation are provided solely for the water rights permit program in fiscal year 1995. If the bill is not enacted by June 30, 1994, the general fund--state appropriation in this section shall be reduced by $654,000 and the entire water right processing and data management account appropriation in this section shall lapse.
(9) $1,175,000 of the reclamation revolving account appropriation is provided solely for the administration of the well drilling program. If House Bill No. 1806 is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(10) The department of ecology shall cooperate with the department of community development and shall carry out its responsibility under the federally required April 20, 1992, flood hazard reduction mitigation plan. Specifically, the department shall implement the duties outlined in the flood reduction matrix dated December 18, 1992, or as amended by federal requirements, in consultation with the office of financial management.
(11) $((3,250,000)) 2,500,000 of the general fund--state appropriation is provided for funding labor-intensive environmental restoration projects, including projects using the Washington conservation corps. In awarding grant contracts, the department shall give priority to projects which implement watershed action plans. If the governor convenes an environmental restoration task force, then projects funded from the amount provided in this subsection shall be subject to review by the task force.
(12) $256,000 of the general fund--state appropriation is provided to identify and designate regional water resource planning areas in the central Puget Sound region and to prepare one or more comprehensive water resource plans for the designated area or areas. To assist in preparing the report, the department shall assemble representatives from state agencies, local governments and tribal governments. The report shall identify suggested boundaries, water resource issues relevant to each planning area, and public and private groups having specific interests in the region's water resource issues. The report shall be provided to the governor and the appropriate committees of the legislature by March 15, 1994. Within 90 days thereafter, the governor shall direct the development of a comprehensive water resources plan or plans required by RCW 90.54.040(1). Any amount of this appropriation in excess of $156,000 shall not be expended unless matched by an equal amount from utilities and local governments.
(13) $238,000 of the water quality permit account appropriation is provided solely for implementation of Substitute House Bill No. 1169 (marine finfish). If Substitute House Bill No. 1169 is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(14) Within the appropriations provided in this section, sufficient funds are provided to implement sections 8 through 15 of Second Engrossed Substitute House Bill No. 1309 (wild salmonids).
(15) Pursuant to RCW 43.135.055, the department is authorized to increase water well operators' fees under chapter 18.104 RCW, by rule, to an amount not to exceed two hundred fifty dollars for a two-year period.
(16) Pursuant to RCW 43.135.055, the department is authorized to increase site use permit fees under RCW 43.200.080, by rule, to an amount sufficient to recover up to $143,000 in costs associated with the Northwest interstate compact on low-level radioactive waste management.
(17) $100,000 of the public works assistance account is provided solely for technical analysis and coordination with the army corps of engineers and local agencies to address the breach in the south jetty at the entrance of Grays Harbor.
(18) $29,000 of the worker and community right-to-know fund appropriation is provided solely for conducting an environmental equity study to include information on the distribution of environmental facilities and toxic chemical releases in relation to low-income and minority communities.
(19) $100,000 of the general fund--state appropriation is provided solely on a one-time basis for the implementation of Engrossed Substitute House Bill No. 2521 (metals mining and milling). If the bill is not enacted by June 30, 1994, the amount provided in this subsection shall lapse. Consistent with section 27 of Engrossed Substitute House Bill 2521, the metals mining advisory group shall recommend to the legislature by January 1, 1995, a fee schedule that fully supports all provisions of Engrossed Substitute House Bill No. 2521.
(20) $50,000 of the water quality account appropriation is provided solely to contract with the Hood Canal coordinating council to: (a) Pursue methods to control existing nonpoint source pollution; (b) improve cooperation among local, state, federal, and tribal governmental agencies with management authority over Hood Canal; (c) encourage more centralized research and baseline data collection; and (d) inform and educate local residents and decision makers about the need to protect the watershed's environmental integrity.
Sec. 304. 1993 sp.s. c 24 s 304 (uncodified) is amended to read as follows:
FOR THE WASHINGTON POLLUTION LIABILITY REINSURANCE PROGRAM
Pollution Liability Insurance Trust Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((906,000))
903,000
Sec. 305. 1993 sp.s. c 24 s 305 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((54,130,000))
73,938,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 1,948,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,280,000
Winter Recreation Program Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ 879,000
ORV (Off-Road Vehicle) Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 242,000
Snowmobile Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((1,636,000))
1,886,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 48,000
Litter Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 34,000
Motor Vehicle Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 1,174,000
Oil Spill Administration Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((64,000))
48,000
Aquatic Lands Enhancement Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 316,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((61,751,000))
81,793,000
The appropriations in this section are subject to the following conditions and limitations:
(((2) $7,700,000 of the general fund--state appropriation is provided contingent upon the adoption and implementation of a fee schedule by the state parks and recreation commission that provides a like amount of revenue above the 1993-95 forecast for fees authorized under RCW 43.51.060(6) for fees in place as of January 1, 1993. Fees shall be based on the extent to which a facility is developed and maintained for year-round use. Maximum boat launch fees shall be assessed only at water access facilities where bathrooms, parking areas, and docking facilities are provided and maintained on a regular basis. Reduced fees may be assessed at water access facilities that are unimproved. Seasonal day area parking fees shall not be assessed. This subsection shall not preclude the assessment of a flat annual fee for use of all water access facilities and other state park facilities throughout the state)) (1) The state parks and recreation commission is directed to implement fees that provide at least $3,000,000 of additional revenue for the 1993-95 biennium above that generated under fees adopted prior to the effective date of this act.
(((3))) (2) $2,824,000 of the general fund--state appropriation is provided solely to address stewardship needs for state parks. Of this amount, $1,800,000 is provided solely for the Washington conservation corps program established under chapter 43.220 RCW.
(3) The state parks and recreation commission is authorized to raise existing fees in excess of the fiscal growth factor established by Initiative Measure No. 601 in order to meet revenue targets assumed in subsection (1) of this section.
(4) $189,000 of the aquatic lands enhancement account appropriation is provided solely to implement the Puget Sound water quality plan.
(5) $15,000,000 of the general fund--state appropriation is provided solely to acquire trust lands that have been identified in section 459(1)(a), chapter 22, Laws of 1993 sp. sess. All provisions and conditions of section 459, chapter 22, Laws of 1993 sp. sess., as amended, shall apply to expenditure of this amount.
(6) $60,000 of the general fund--state appropriation is provided solely for the implementation and development of the state scenic rivers program.
(7) No later than December 1, 1994, the commission shall provide to the appropriate committees of the legislature a report on alternatives to increase the involvement of nongovernmental organizations in the acquisition, development, and operation of units within the state park system. The report shall include: (a) A review of the public/private partnerships in local park programs, state park programs in other states, and examples in other countries, such as the private, nonprofit British national trust; (b) a review of the existing roles of nonprofit land conservation trusts in providing public recreational opportunities and the conservation of land, and alternatives under which one or more such organizations may enter agreements with the state for the furtherance of the state park system; (c) a review of possible transfer of state parks to local governments, if they are willing, for operation of such parks; and (d) recommended methods to identify and secure the necessary funding for capital development and operating costs when lands are proposed for acquisition as an addition to the state park system. The report shall include recommendations for administrative and legislative action to implement the alternatives identified.
(8) $5,000,000 of the general fund--state appropriation is provided solely for critical park maintenance projects throughout the state. The department shall make every effort to contract locally and to provide local jobs to complete these projects.
Sec. 306. 1993 sp.s. c 24 s 306 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Outdoor Recreation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,541,000
Outdoor Recreation Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((34,000))
50,000
Firearms Range Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 25,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((2,600,000))
2,616,000
Sec. 307. 1993 sp.s. c 24 s 307 (uncodified) is amended to read as follows:
FOR THE ENVIRONMENTAL HEARINGS OFFICE
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((1,205,000))
1,361,000
((The appropriation in this section is subject to the following conditions and limitations: $30,000 is provided solely for the increased costs associated with a half-time administrative law judge.))
Sec. 308. 1993 sp.s. c 24 s 309 (uncodified) is amended to read as follows:
FOR THE CONSERVATION COMMISSION
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((1,670,000))
1,661,000
Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 202,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((1,872,000))
1,863,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Not more than eight percent of the water quality account moneys administered by the commission may be used by the commission for administration and program activities related to the grant and loan program.
(2) $((371,800)) 362,000 of the general fund appropriation is provided solely to implement the Puget Sound water quality management plan.
(3) $750,000 of the general fund appropriation is provided solely for basic operation grants to conservation districts.
(4) $158,000 of the general fund appropriation is provided solely for implementing Engrossed Substitute House Bill No. 1309 (wild salmonid protection).
Sec. 309. 1993 sp.s. c 24 s 310 (uncodified) is amended to read as follows:
FOR THE PUGET SOUND WATER QUALITY AUTHORITY
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((3,059,000))
2,996,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((202,000))
198,000
Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((946,000))
927,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((4,207,000))
4,121,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((320,000)) 313,600 of the general fund--state appropriation is provided solely for an interagency agreement with Washington State University cooperative extension service for field agents to provide technical assistance in implementing the Puget Sound water quality management plan.
(2) $((232,000)) 227,000 of the general fund--state appropriation is provided solely for an interagency agreement with the University of Washington sea grant program for field agents to provide technical assistance in implementing the Puget Sound water quality management plan.
(3) In addition to the amounts provided in subsections (1) and (2) of this section, $681,000 of the general fund--state appropriation is provided solely to implement additional provisions of the Puget Sound water quality management plan.
Sec. 310. 1993 sp.s. c 24 s 311 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISHERIES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((55,740,000))
55,930,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 25,048,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 9,609,000
Aquatic Lands Enhancement Account Appropriation. . . . . . . . . . . . . . . . . . . . . .$ ((4,092,000))
4,269,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 28,000
Oil Spill Administration Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 388,000
Recreational Fish Enhancement--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((4,049,000))
3,749,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((98,926,000))
99,021,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((1,136,418)) 1,049,410 of the general fund--state appropriation is provided to implement the Puget Sound water quality management plan.
(2) $1,441,000 of the aquatic lands enhancement account appropriation is provided solely for wildstock restoration programs for salmon species outside of the Columbia river basin. Work will include the development, implementation and evaluation of specific stock restoration plans. The department of fisheries shall provide a progress report to the governor and appropriate legislative committees by September 6, 1994.
(3) $((546,000)) 723,000 of the aquatic lands enhancement account appropriation is provided solely for shellfish management and enforcement.
(4) $200,000 of the general fund--state appropriation is provided solely for attorney general costs on behalf of the department of fisheries in defending the state and public interest in tribal halibut litigation (United States v. Washington subproceeding 91-1 and Makah v. Mosbacher). The attorney general costs shall be paid as an interagency reimbursement.
(5) $((450,000)) 689,000 of the general fund--state appropriation is provided solely for attorney general costs on behalf of the department of fisheries, department of natural resources, department of health, and the state parks and recreation commission in defending the state and public interest in tribal shellfish litigation (United States v. Washington, subproceeding 89-3). The attorney general costs shall be paid as an interagency reimbursement.
(6) The department of fisheries shall cooperate with the department of community development and shall carry out its responsibilities under the federally required April 20, 1992, flood hazard reduction mitigation plan. Specifically, the department shall implement the duties outlined in the flood reduction matrix dated December 18, 1992, or as amended by federal requirement, in consultation with the office of financial management.
(7) Within the appropriations provided in this section, sufficient funds are provided to implement sections 1 through 6 of Second Engrossed Substitute House Bill No. 1309 (wild salmonids).
(8) $3,200,000 of the general fund--state appropriation is contingent upon the enactment of Substitute Senate Bill No. 5980 (fishing licenses). If Substitute Senate Bill 5980 is not enacted by June 30, 1993, $3,200,000 of the general fund--state appropriation shall lapse.
(9) $115,000 of the general fund--state appropriation is provided solely to maintain the south Puget Sound net pen facility.
(10) $110,000 of the general fund--state appropriation is provided solely for the operation of the Issaquah Hatchery.
(11) $53,000 of the general fund--state appropriation is provided solely to implement Substitute Senate Bill No. 6125 (combined recreational hunting and fishing license). If the bill is not enacted by June 30, 1994, the amount provided in this subsection shall lapse.
Sec. 311. 1993 sp.s. c 24 s 312 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF WILDLIFE
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((10,226,000))
10,021,000
ORV (Off-Road Vehicle) Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 480,000
Aquatic Lands Enhancement Account Appropriation. . . . . . . . . . . . . . . . . . . . . .$ 1,112,000
Warm Water Fish Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 604,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 590,000
Wildlife Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((50,723,000))
50,776,000
Wildlife Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 32,101,000
Wildlife Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,402,000
Game Special Wildlife Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,012,000
Oil Spill Administration Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((548,000))
520,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((109,194,000))
109,618,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $482,145 of the general fund appropriation is provided to implement the Puget Sound water quality management plan.
(2) The department of wildlife shall cooperate with the department of community development and shall carry out its responsibilities under the federally required April 20, 1992, flood hazard reduction mitigation plan. Specifically, the department shall implement the duties outlined in the flood reduction matrix dated December 18, 1992, or as amended by federal requirement, in consultation with the office of financial management.
(3) $((1,000,000)) 920,000 of the general fund appropriation is provided solely to address stewardship needs on state lands. Of this amount, $((900,000)) 820,000 is provided for the Washington conservation corps program established under chapter 43.220 RCW.
(4) $140,000 of the general fund appropriation is provided for a cooperative effort with the department of agriculture for research and eradication of purple loosestrife on state lands.
(5) $53,000 of the wildlife fund--state appropriation and $604,000 of the warm water fish account appropriation are provided solely to implement Substitute Senate Bill No. 6125 (combined recreational hunting and fishing license and warm water fish enhancement). If the bill is not enacted by June 30, 1994, the amount provided in this subsection shall lapse.
Sec. 312. 1993 sp.s. c 24 s 313 (uncodified) is amended to read as follows:
DEPARTMENT OF FISH AND WILDLIFE. On July 1, 1994, all appropriations and all conditions and limitations in this act for the department of fisheries and the department of wildlife shall be provided for the department of fish and wildlife. ((If Substitute House Bill No. 2055 or substantially similar legislation creating a department of fish and wildlife is not enacted by July 1, 1994, this section shall have no effect.)) If either House Bill No. 2678 or Senate Bill No. 6346 (fish and wildlife) or substantially similar legislation is enacted by the 1994 session of the legislature, then all appropriations and all conditions and limitations in this act for the department of fisheries and the department of wildlife shall be provided for the department of fish and wildlife on the date specified for the merger of the two departments in that legislation.
Sec. 313. 1993 sp.s. c 24 s 314 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((49,394,000))
46,994,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 906,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 264,000
ORV (Off-Road Vehicle) Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,092,000
Forest Development Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((37,652,000))
37,614,000
Survey and Maps Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 1,519,000
Aquatic Lands Enhancement Account Appropriation. . . . . . . . . . . . . . . . . . . . . .$ 2,524,000
Surface Mining Reclamation Account Appropriation. . . . . . . . . . . . . . . . . . . . . .$ 1,271,000
Resource Management Cost Account Appropriation. . . . . . . . . . . . . . . . . . . . . . $ ((82,107,000))
81,990,000
Aquatic Land Dredged Material Disposal Site
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((830,000))
738,000
Air Pollution Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((1,252,000))
852,000
Natural Resources Conservation Areas Stewardship
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,119,000
Oil Spill Administration Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . $ ((130,000))
65,000
Litter Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 506,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((98,000))
76,000
Watershed Restoration Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((182,664,000))
189,530,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((8,072,000)) 7,072,000 of the general fund--state appropriation is provided solely for the emergency fire suppression subprogram.
(2) $993,000 of the appropriations in this section are provided to implement the Puget Sound water quality management plan.
(3) $((500,000)) 450,000 of the general fund--state appropriation and $((1,000,000)) 900,000 of the resource management cost account appropriation are provided solely for the displaced forest-products worker program under chapter 50.70 RCW.
(4) $((1,500,000)) 1,400,000 of the general fund--state appropriation is provided solely to address stewardship needs on state lands. Of this amount, $((1,350,000)) 1,250,000 shall be expended for the Washington conservation corps program established under chapter 43.220 RCW.
(5) $1,271,000 of the surface mining reclamation account is provided solely for surface mining regulation activities.
(6) $1,200,000 of the general fund--state appropriation is provided solely for cooperative monitoring, evaluation, and research projects related to implementation of the timber-fish-wildlife agreement.
(7) $((3,250,000)) 2,000,000 of the general fund--state appropriation ((is)) and $2,000,000 of the amount referenced in subsection (13) of this section are provided solely to fund labor-intensive natural resource and forest restoration projects. In providing forest related employment opportunities, the department shall give first priority to hiring workers unemployed as a result of reduced timber supply. If the governor convenes an environmental restoration task force, then projects funded from the amount provided in this subsection shall be subject to review by the task force.
(8) The department of natural resources shall cooperate with the department of community development and shall carry out its responsibilities under the federally required April 20, 1992, flood hazard reduction mitigation plan. Specifically, the department shall implement the duties outlined in the flood reduction matrix dated December 18, 1992, or as amended by federal requirement, in consultation with the office of financial management.
(9) $60,000 of the general fund--state appropriation is provided solely for the department to contract for increased development of the Mount Tahoma cross-country ski trails system.
(10) $450,000, of which $225,000 is from the resource management cost account appropriation and $225,000 is from the aquatic lands enhancement account appropriation, is provided solely for the control and eradication of Spartina.
(11) $1,555,000 of the general fund--state appropriation is provided solely for increased workload associated with forest practice compliance and watershed management.
(12) The department of natural resources shall provide its quarterly trust revenue forecast to the office of financial management and the legislature on a timetable which is consistent with the submission of the state economic and revenue forecast to the governor and the legislature by the economic and revenue forecast council. In preparing its forecasts and to the extent feasible, the department shall use economic assumptions that are consistent with those used by the economic and revenue forecast council.
(13) The full amount of the watershed restoration account appropriation in this section is provided solely for the watershed recovery partnership program established in Engrossed Substitute Senate Bill No. 6344 (omnibus capital budget).
(14) $50,000 of the general fund--state appropriation is provided solely on a one-time basis for the implementation of Engrossed Substitute House Bill No. 2521 (metals mining and milling). If the bill is not enacted by June 30, 1994, the amount provided in this subsection shall lapse. Consistent with section 27 of Engrossed Substitute House Bill No. 2521, the metals mining advisory group shall recommend to the legislature by January 1, 1995, a fee schedule that fully supports all provisions of Engrossed Substitute House Bill No. 2521.
(15) $5,000 of the general fund--state appropriation is provided solely to implement Substitute Senate Bill No. 6556 (public lands rental/TV districts). If the bill is not enacted by June 30, 1994, the amount provided in this subsection shall lapse.
Sec. 314. 1993 sp.s. c 24 s 315 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF AGRICULTURE
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((13,462,000))
14,523,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((4,320,000))
4,186,000
State Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,103,000
Weights and Measures Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 864,000
State Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 74,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((19,749,000))
20,750,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $71,000 of the general fund--state appropriation is provided solely to implement the Puget Sound water quality management plan element NP-6. The department shall provide technical assistance to local governments in the process of developing watershed management plans.
(2) $300,000 of the general fund--state appropriation and the entire weights and measures account appropriation are provided solely for the department's weights and measures program.
(3) $493,000 of the general fund--state appropriation is provided solely to promote international trade.
(4) The department shall report to the governor and the appropriate fiscal committees of the legislature, by November 15, 1994, regarding administrative costs of the agency and how such costs are being allocated between programs and funds sources within the agency.
Sec. 315. 1993 sp.s. c 24 s 317 (uncodified) is amended to read as follows:
FOR THE OFFICE OF MARINE SAFETY
Oil Spill Administration Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((4,198,000))
3,992,000
State Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 298,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((4,496,000))
4,290,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $963,000 of the oil spill administration account appropriation is provided solely for the implementation of a field operations program in accordance with Substitute House Bill No. 1144. The marine oversight board shall provide an assessment of the work plan to implement the office of marine safety's field operations program. A report containing the marine oversight board's assessment of the field operations program, including recommendations for the allocation of resources, shall be submitted to the office of financial management, the office of marine safety, and appropriate committees of the legislature by August 1, 1993.
(2) ((The marine oversight board shall prepare a report that prioritizes state agencies' spill prevention and response activities on the marine waters of the state. The report shall be submitted to the office of financial management and the appropriate committees of the legislature by October 1, 1994.)) $224,000 of the oil spill administration account appropriation is provided solely for the implementation of a field operations program on the Columbia river. This funding level assumes that the state of Oregon will provide office space and other forms of in-kind support.
(3) $153,000 of the oil spill administration account appropriation is provided solely for the marine oversight board. After July 1, 1994, funding provided in this subsection is for meeting-related costs only.
PART IV
TRANSPORTATION
Sec. 401. 1993 sp.s. c 24 s 401 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((6,536,000))
7,440,000
Architects' License Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((1,040,000))
1,063,000
Cemetery Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((216,000))
198,000
((Health Professions Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 521,000))
Funeral Directors and Embalmers Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((521,000))
482,000
((Mortgage Broker Licensing Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 187,000))
Professional Engineers' Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((2,509,000))
2,545,000
Real Estate Commission Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((7,155,000))
6,956,000
Uniform Commercial Code Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((5,246,000))
5,785,000
Real Estate Education Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 618,000
Master Licensing Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((6,747,000))
6,266,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((30,755,000))
31,353,000
The appropriations in this section are subject to the following conditions and limitations:
(1) If House Bill No. 2119 (professional athletic commission) is not enacted by June 30, 1993, the general fund appropriation shall be reduced by $54,000.
(2) $33,000 of the uniform commercial code account appropriation is provided solely to implement revisions to the uniform commercial code article governing bulk sales. If Substitute House Bill No. 1013 is not enacted by June 30, 1993, $33,000 of the uniform commercial code account appropriation shall lapse.
(3) $9,000 of the general fund appropriation is provided solely to implement registration of employment listing agencies. If Engrossed Substitute House Bill No. 1496 is not enacted by June 30, 1993, $9,000 of the general fund appropriation shall lapse.
(4) $87,000 of the general fund appropriation is provided solely to implement bail bond agent licensing. If Substitute House Bill No. 1870 is not enacted by June 30, 1993, $87,000 of the general fund appropriation shall lapse.
(5) ((If Substitute Senate Bill No. 5026 is not enacted by June 30, 1993, the entire funeral directors and embalmers account appropriation is null and void. If Substitute Senate Bill No. 5026 is enacted by June 30, 1993, the entire health professions account appropriation is null and void.
(6))) $47,000 of the architects' license account appropriation is provided solely for implementing revised architect experience requirements. If Engrossed Senate Bill No. 5545 is not enacted by June 30, 1993, $47,000 of the architects' license account appropriation shall lapse.
(((7) $187,000 of the mortgage broker licensing account appropriation is provided solely to implement a temporary licensing program for mortgage brokers. If Substitute Senate Bill No. 5829 is not enacted by June 30, 1993, $187,000 of the mortgage broker licensing account appropriation shall lapse.))
Sec. 402. 1993 sp.s. c 24 s 402 (uncodified) is amended to read as follows:
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((14,223,000))
10,625,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 1,037,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 184,000
Death Investigations Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 24,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,000,000))
4,500,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 28,000
Transportation Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 200,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((16,468,000))
16,598,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((802,000)) 602,000 of the general fund--state appropriation is provided solely for the lease purchased upgrade and capacity increase of the Automated Fingerprint Identification System subject to office of financial management approval of a completed feasibility study. The feasibility study will include: The steps and costs required to achieve interoperability with local government fingerprint systems, compliance with the proposed federal bureau of investigation fingerprint standards, a discussion of the issues and costs associated with the potential adoption of "live scan" technology as they relate to the proposed upgrade, the interruption of service that may occur during conversion to the proposed new system, and the long term stability of maintenance contract charges.
(2) $30,000 of the general fund--state appropriation is provided solely for DNA testing of juveniles under Substitute Senate Bill No. 6007 (crime provisions). If the bill is not enacted by June 30, 1994, the amount provided in this subsection shall lapse.
(3) The agency shall assist the Washington criminal justice training commission in developing a written model policy on vehicular pursuits, as provided in this act.
PART V
EDUCATION
Sec. 501. 1993 sp.s. c 24 s 501 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR STATE ADMINISTRATION
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((34,414,000))
35,848,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 33,106,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 338,000
Drug Enforcement and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,197,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((71,055,000))
72,489,000
The appropriations in this section are subject to the following conditions and limitations:
(1) AGENCY OPERATIONS
(a) $304,000 of the general fund--state appropriation is provided solely to upgrade the student data collection capability of the superintendent of public instruction.
(b) $423,000 of the general fund--state appropriation is provided solely for certification investigation activities of the office of professional practices.
(c) $((770,000)) 800,000 of the general fund--state appropriation is provided solely for the operation and expenses of the state board of education, including basic education assistance activities.
(((e))) (d) The entire public safety and education account appropriation is provided solely for administration of the traffic safety education program, including in-service training related to instruction in the risks of driving while under the influence of alcohol and other drugs.
(((f))) (e) $10,000 of the general fund--state appropriation is provided solely for a contract through the Washington State Institute for Public Policy at The Evergreen State College for a bilingual education conference to disseminate information on best practices in bilingual instruction, including model programs from other states, and to develop strategies for incorporating the most effective instructional methods into the state's bilingual curriculum.
(f) The superintendent of public instruction shall provide staffing and research assistance as appropriate to fiscal studies initiated by the legislature of special education, learning assistance, vocational education, and inservice education.
(2) STATE-WIDE PROGRAMS
(a) $((100,000)) 75,000 of the general fund--state appropriation is provided for state-wide curriculum development.
(b) $((62,000)) 93,000 of the general fund--state appropriation is provided for operation of a K-2 education program at Pt. Roberts by the Blaine school district.
(c) $2,415,000 of the general fund--state appropriation is provided for in-service training and educational programs conducted by the Pacific science center.
(d) $70,000 of the general fund--state appropriation is provided for operation of the Cispus environmental learning center.
(e) $2,949,000 of the general fund--state appropriation is provided for educational clinics, including state support activities.
(f) $3,437,000 of the general fund--state appropriation is provided for grants for magnet schools to be distributed as recommended by the superintendent of public instruction pursuant to chapter 232, section 516(13), Laws of 1992.
(g) $4,855,000 of the general fund--state appropriation is provided for complex need grants. Grants shall be provided according to funding ratios established in LEAP Document 30B as developed on May 4, 1993, at 11:00 a.m.
(h) $3,050,000 of the drug enforcement and education account appropriation is provided solely for matching grants to enhance security in secondary schools. Not more than seventy-five percent of a district's total expenditures for school security in any school year may be paid from a grant under this subsection. The grants shall be expended solely for the costs of employing or contracting for building security monitors in secondary schools during school hours and school events. Of the amount provided in this subsection, at least $2,850,000 shall be spent for grants to districts that, during the 1988-89 school year, employed or contracted for security monitors in schools during school hours. However, these grants may be used only for increases in school district expenditures for school security over expenditure levels for the 1988-89 school year.
(i) Districts receiving allocations from subsection (2) (f) and (g) of this section shall submit an annual report to the superintendent of public instruction on the use of all district resources to address the educational needs of at-risk students in each school building.
(j) $50,000 of the general fund--state appropriation is provided solely for allocation to the primary coordinators of the state geographic alliance for the purpose of improving the teaching of geography in the common school system.
(k) $25,000 of the general fund--state appropriation is provided solely for allocation to the Washington state holocaust education resource center for the purpose of reproducing the videotape and teachers guide, "Never Again, I Hope: The Holocaust", developed by the surviving generations of the holocaust oral history project.
(l) $1,000,000 of the general fund--state appropriation is provided solely for start-up grants to provide extended day school-to-work transition options for secondary students who are at risk of academic failure, as follows:
(i) $572,000 is provided to vocational skill centers;
(ii) $286,000 is provided for award to organizations in urban areas not served by skill centers that are capable of providing programs in the manner of current extended day school-to-work programs at vocational skill centers, and;
(iii) $142,000 is provided to the state board for community and technical colleges to provide programs in urban areas not served by skill centers in the manner of existing extended day school-to-work programs at vocational skill centers. The state board, after consultation with the superintendent of public instruction, shall develop program guidelines consistent with programs offered at vocational skill centers.
(m) $403,000 is provided solely for media productions by students at up to 40 sites to focus on issues and consequences of teenage pregnancy and child rearing.
(n) A maximum of $70,000 is provided for development, in conjunction with the department of health, of best management practices for implementation by local school districts to improve indoor air quality in newly constructed or modernized school facilities. To the extent feasible, the state board of education and department of health shall utilize existing practices developed by other agencies to improve indoor air quality.
Sec. 502. 1993 sp.s. c 24 s 502 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR GENERAL APPORTIONMENT (BASIC EDUCATION)
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((6,019,646,000))
6,007,518,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The general fund appropriation includes such funds as are necessary for the remaining months of the 1992-93 school year.
(2) Allocations for certificated staff salaries for the 1993-94 and 1994-95 school years shall be determined using formula-generated staff units calculated pursuant to this subsection. Staff allocations for small school enrollments in grades K-6 shall be the greater of that generated under (a) of this subsection, or under (d) and (e) of this subsection. Certificated staffing allocations shall be as follows:
(a) On the basis of each 1,000 average annual full time equivalent enrollments, excluding full time equivalent enrollment otherwise recognized for certificated staff unit allocations under (c) through (f) of this subsection:
(i) Four certificated administrative staff units for grades K-12, excluding full time equivalent handicapped enrollment recognized for funding purposes under section 507 of this act;
(ii) 49 certificated instructional staff units, as required in RCW 28A.150.260(2)(b), for grades K-3, excluding full time equivalent handicapped students ages six through eight;
(iii) An additional 5.3 certificated instructional staff units for grades K-3;
(A) Funds provided under this subsection (2)(a)(iii) in excess of the amount required to maintain the statutory minimum ratio established under RCW 28A.150.260(2)(b) shall be allocated only if the district documents an actual ratio equal to or greater than 54.3 certificated instructional staff per thousand full time equivalent students in grades K-3. For any school district documenting a lower certificated instructional staff ratio, the allocation shall be based on the district's actual grades K-3 certificated instructional staff ratio achieved in that school year, or the statutory minimum ratio established under RCW 28A.150.260(2)(b), if greater.
(B) Districts at or above 51.0 certificated instructional staff per one thousand full time equivalent students in grades K-3 may dedicate up to 1.3 of the 54.3 funding ratio to employ additional classified instructional assistants assigned to basic education classrooms in grades K-3. For purposes of documenting a district's staff ratio under this section, funds used by the district to employ additional classified instructional assistants shall be converted to a certificated staff equivalent and added to the district's actual certificated instructional staff ratio. Additional classified instructional assistants, for the purposes of this subsection, shall be determined using the 1989-90 school year as the base year.
(C) Any district maintaining a ratio equal to or greater than 54.3 certificated instructional staff per thousand full time equivalent students in grades K-3 may use allocations generated under this subsection (2)(a)(iii) in excess of that required to maintain the minimum ratio established under RCW 28A.150.260(2)(b) to employ additional basic education certificated instructional staff or classified instructional assistants in grades 4-6. Funds allocated under this subsection (2)(a)(iii) shall only be expended to reduce class size in grades K-6. No more than 1.3 of the certificated instructional funding ratio amount may be expended for provision of classified instructional assistants; and
(iv) Forty-six certificated instructional staff units for grades 4-12, excluding full time equivalent handicapped students ages nine and above; and
(b) For school districts with a minimum enrollment of 250 full time equivalent students whose full time equivalent student enrollment count in a given month exceeds the first of the month full time equivalent enrollment count by 5 percent, an additional state allocation of 110 percent of the share that such increased enrollment would have generated had such additional full time equivalent students been included in the normal enrollment count for that particular month;
(c) On the basis of full time equivalent enrollment in vocational education programs and skill center programs approved by the superintendent of public instruction, 0.92 certificated instructional staff units and 0.08 certificated administrative staff units for each 16.67 full time equivalent vocational students;
(d) For districts enrolling not more than twenty-five average annual full time equivalent students in grades K-8, and for small school plants within any school district which have been judged to be remote and necessary by the state board of education and enroll not more than twenty-five average annual full time equivalent students in grades K-8:
(i) For those enrolling no students in grades seven and eight, 1.76 certificated instructional staff units and 0.24 certificated administrative staff units for enrollment of not more than five students, plus one-twentieth of a certificated instructional staff unit for each additional student enrolled; and
(ii) For those enrolling students in grades 7 or 8, 1.68 certificated instructional staff units and 0.32 certificated administrative staff units for enrollment of not more than five students, plus one-tenth of a certificated instructional staff unit for each additional student enrolled.
(e) For specified enrollments in districts enrolling more than twenty-five but not more than one hundred average annual full time equivalent students in grades K-8, and for small school plants within any school district which enroll more than twenty-five average annual full time equivalent students in grades K-8 and have been judged to be remote and necessary by the state board of education:
(i) For enrollment of up to sixty annual average full time equivalent students in grades K-6, 2.76 certificated instructional staff units and 0.24 certificated administrative staff units; and
(ii) For enrollment of up to twenty annual average full time equivalent students in grades 7 and 8, 0.92 certificated instructional staff units and 0.08 certificated administrative staff units.
(f) For districts operating no more than two high schools with enrollments of less than three hundred average annual full time equivalent students, for enrollment in grades 9-12 in each such school, other than alternative schools:
(i) For remote and necessary schools enrolling students in any grades 9-12 but no more than twenty-five average annual full time equivalent students in grades K-12, four and one-half certificated instructional staff units and one-quarter of a certificated administrative staff unit;
(ii) For all other small high schools under this subsection, nine certificated instructional staff units and one-half of a certificated administrative staff unit for the first sixty average annual full time equivalent students, and additional staff units based on a ratio of 0.8732 certificated instructional staff units and 0.1268 certificated administrative staff units per each additional forty-three and one-half average annual full time equivalent students.
Units calculated under (f)(ii) of this subsection shall be reduced by certificated staff units at the rate of forty-six certificated instructional staff units and four certificated administrative staff units per thousand vocational and handicapped full time equivalent students.
(g) For each nonhigh school district having an enrollment of more than seventy annual average full time equivalent students and less than one hundred eighty students, operating a grades K-8 program or a grades 1-8 program, an additional one-half of a certificated instructional staff unit;
(h) For each nonhigh school district having an enrollment of more than fifty annual average full time equivalent students and less than one hundred eighty students, operating a grades K-6 program or a grades 1-6 program, an additional one-half of a certificated instructional staff unit.
(3) Allocations for classified salaries for the 1993-94 and 1994-95 school years shall be calculated using formula-generated classified staff units determined as follows:
(a) For enrollments generating certificated staff unit allocations under subsection (2) (d) through (h) of this section, one classified staff unit for each three certificated staff units allocated under such subsections.
(b) For all other enrollment in grades K-12, including vocational but excluding handicapped full time equivalent enrollments, one classified staff unit for each sixty average annual full time equivalent students.
(c) For each nonhigh school district with an enrollment of more than fifty annual average full time equivalent students and less than one hundred eighty students, an additional one-half of a classified staff unit.
(4) Fringe benefit allocations shall be calculated at a rate of 21.29 percent in the 1993-94 school year and 21.29 percent in the 1994-95 school year of certificated salary allocations provided under subsection (2) of this section, and a rate of 18.73 percent in the 1993-94 school year and 18.73 percent in the 1994-95 school year of classified salary allocations provided under subsection (3) of this section.
(5) Insurance benefit allocations shall be calculated at the rates specified in section 504 of this act, based on:
(a) The number of certificated staff units determined in subsection (2) of this section; and
(b) The number of classified staff units determined in subsection (3) of this section multiplied by 1.152. This factor is intended to adjust allocations so that, for the purposes of distributing insurance benefits, full time equivalent classified employees may be calculated on the basis of 1440 hours of work per year, with no individual employee counted as more than one full time equivalent.
(6)(a) For nonemployee-related costs associated with each certificated staff unit allocated under subsection (2) (a), (b), and (d) through (h) of this section, there shall be provided a maximum of $7,251 per certificated staff unit in the 1993-94 school year and a maximum of (($7,468)) $7,439 per certificated staff unit in the 1994-95 school year.
(b) For nonemployee-related costs associated with each certificated staff unit allocated under subsection (2)(c) of this section, there shall be provided a maximum of $13,817 per certificated staff unit in the 1993-94 school year and a maximum of (($14,231)) $14,176 per certificated staff unit in the 1994-95 school year.
(7) Allocations for substitute costs for classroom teachers shall be distributed at a maximum rate of $341 for the 1993-94 school year and $341 per year for the 1994-95 school year for allocated classroom teachers. Solely for the purposes of this subsection, allocated classroom teachers shall be equal to the number of certificated instructional staff units allocated under subsection (2) of this section, multiplied by the ratio between the number of actual basic education certificated teachers and the number of actual basic education certificated instructional staff reported state-wide for the 1992-93 school year.
(8) Any school district board of directors may petition the superintendent of public instruction by submission of a resolution adopted in a public meeting to reduce or delay any portion of its basic education allocation for any school year. The superintendent of public instruction shall approve such reduction or delay if it does not impair the district's financial condition. Any delay shall not be for more than two school years. Any reduction or delay shall have no impact on levy authority pursuant to RCW 84.52.0531 and local effort assistance pursuant to chapter 28A.500 RCW.
(9) The superintendent may distribute a maximum of (($4,945,000)) $4,953,000 outside the basic education formula during fiscal years 1994 and 1995 as follows:
(a) For fire protection for school districts located in a fire protection district as now or hereafter established pursuant to chapter 52.04 RCW, a maximum of $409,000 may be expended in fiscal year 1994 and a maximum of (($410,000)) $419,000 may be expended in fiscal year 1995.
(b) For summer vocational programs at skills centers, a maximum of $1,905,000 may be expended in fiscal year 1994 and a maximum of $1,924,000 may be expended in fiscal year 1995.
(c) A maximum of (($297,000)) $296,000 may be expended for school district emergencies.
(10) The superintendent shall distribute a maximum of $18,750,000 outside the basic education formula for the purchase of instructional materials and technology related investments to improve learning for all students. The superintendent shall allocate the funds at a maximum rate of $20.61 per full time equivalent student, beginning September 1, 1994, and ending June 30, 1995, except that each skill center shall be allocated $40,000 instead of receiving a per student allocation from participating school districts. The expenditure of the funds shall be determined at each school site by the school building staff, parents, and the community where site-based decision-making has been adopted or, where not adopted, by the building staff including itinerant teachers. Expenditures on technology investments by a school site should, to the greatest extent possible, be consistent with the district's technology plan. School districts shall distribute all funds received without deduction for indirect costs. Funds provided by this subsection do not fall within the definition of basic education under Article IX of the state Constitution.
(11) For the purposes of RCW 84.52.0531, the increase per full time equivalent student in state basic education appropriations provided under this act, including appropriations for salary and benefits increases, is 1.0 percent from the 1992-93 school year to the 1993-94 school year, and 1.0 percent from the 1993-94 school year to the 1994-95 school year.
(((11))) (12) If two or more school districts consolidate and each district was receiving additional basic education formula staff units pursuant to subsection (2) (b) through (h) of this section, the following shall apply:
(a) For three school years following consolidation, the number of basic education formula staff units shall not be less than the number of basic education formula staff units received by the districts in the school year prior to the consolidation; and
(b) For the fourth through eighth school years following consolidation, the difference between the basic education formula staff units received by the districts for the school year prior to consolidation and the basic education formula staff units after consolidation pursuant to subsection (2) (a) through (h) of this section shall be reduced in increments of twenty percent per year.
Sec. 503. 1993 sp.s. c 24 s 504 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SCHOOL EMPLOYEE INSURANCE BENEFIT ADJUSTMENTS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((22,570,000))
3,539,000
The appropriation in this section is subject to the following conditions and limitations:
(1) Allocations for insurance benefits from general fund appropriations provided under section 502 of this act shall be calculated at a rate of $317.79 per month for each certificated staff unit, and for each classified staff unit adjusted pursuant to section 502(5)(b) of this act.
(2) The appropriation in this section is provided solely to increase insurance benefit allocations for state-funded certificated and classified staff for the 1994-95 school year, effective October 1, 1994, to a rate of (($350.25)) $322.90 as distributed pursuant to this section. The rates specified in this section are subject to revision each year by the legislature.
(a) Effective October 1, 1994, for the 1994-95 school year, an increase of (($32.46)) $5.11 in insurance benefit allocations per month is provided for state-funded staff units in the following programs: General apportionment under section 502(5) of this act; handicapped program under section 507 of this act; educational service districts under section 509 of this act; and institutional education under section 512 of this act.
(b) The increases in insurance benefit allocations for the following categorical programs shall be calculated by increasing the annual state funding rates by the amounts specified in this subsection. Effective October 1, 1994, the maximum rate adjustments provided on an annual basis under this section for the 1994-95 school year are:
(i) For pupil transportation, an increase of (($.30)) $.05 per weighted pupil-mile for the 1994-95 school year;
(ii) For learning assistance, an increase of (($8.11)) $1.28 per pupil for the 1994-95 school year;
(iii) For education of highly capable students, an increase of (($2.06)) $.32 per pupil for the 1994-95 school year;
(iv) For transitional bilingual education, an increase of (($5.25)) $.83 per pupil for the 1994-95 school year.
Sec. 504. 1993 sp.s. c 24 s 505 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PUPIL TRANSPORTATION
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((351,143,000))
344,886,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation includes such funds as are necessary for the remaining months of the 1992-93 school year.
(2) ((A maximum of $795,000 may be expended for regional transportation coordinators. However, to the extent practicable, the superintendent of public instruction shall consolidate the functions of the regional transportation coordinators and regional traffic safety education coordinators in order to increase efficiency in the delivery of services state-wide.)) A maximum of $1,072,000 may be expended for regional transportation coordinators and related activities. The transportation coordinators shall:
(a) Ensure that data submitted by school districts for state transportation funding shall, to the greatest extent practical, reflect the actual transportation activity of each district;
(b) Prepare a catalog of hazardous walking conditions submitted for state funding by each school district by category such as: Type of hazard; number of years the hazard has been submitted for reimbursement (to the extent known); potential for mitigation; entity that would be responsible for mitigation; and status of mitigation effort, if any;
(c) Regarding small schools receiving bonus units under section 502 of this act, for comparison purposes, prepare an analysis of travel times for students to contiguous school districts. The analysis shall be submitted to the office of financial management and the fiscal committees of the legislature by December 1, 1994; and
(d) Prepare an analysis of the small fleet rate contained in the state transportation allocation formula. The analysis shall be submitted to the office of financial management and the fiscal committees of the legislature by December 1, 1994.
The superintendent of public instruction shall, to the extent possible, consolidate the functions of regional transportation coordinators and regional traffic safety education coordinators in order to increase efficiency in the delivery of services state-wide.
(3) For eligible school districts, the small-fleet maintenance factor shall be funded at a rate of $1.74 in the 1993-94 school year and (($1.80)) $1.79 in the 1994-95 school year per weighted pupil-mile.
(4) $180,000 is provided solely for the transportation of students enrolled in "choice" programs. Transportation shall be limited to low-income students who are transferring to "choice" programs solely for educational reasons. The superintendent shall provide a report to the appropriate policy and fiscal committees of the legislature concerning the use of these moneys by November 1, 1993.
(5) The superintendent of public instruction shall evaluate current and alternative methods of purchasing school buses and propose the most efficient and effective method for purchasing school buses. The superintendent shall submit a report to the house appropriations committee and the senate ways and means committee by December 15, 1993. Any future proposals for purchasing school buses for schools in the state of Washington shall incorporate the most cost effective method found as a result of this evaluation.
Sec. 505. 1993 sp.s. c 24 s 507 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR HANDICAPPED EDUCATION PROGRAMS
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((867,311,000))
870,001,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 98,684,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((965,995,000))
968,685,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The general fund--state appropriation includes such funds as are necessary for the remaining months of the 1992-93 school year.
(2) The superintendent of public instruction shall distribute state funds for the 1993-94 and 1994-95 school years in accordance with districts' handicapped enrollments and the allocation model established in LEAP Document 13 as developed on ((March 22, 1993, at 13:13)) January 31, 1994, at 15:30 hours, and in accordance with Substitute Senate Bill No. 5727 (Title XIX funding), if enacted.
(3) A maximum of $678,000 may be expended from the general fund--state appropriation to fund 5.43 full time equivalent teachers and 2.1 full time equivalent aides at Children's orthopedic hospital and medical center. This amount is in lieu of money provided through the home and hospital allocation and the handicapped program.
(4) $1,000,000 of the general fund--federal appropriation is provided solely for projects to provide handicapped students with appropriate job and independent living skills, including work experience where possible, to facilitate their successful transition out of the public school system. The funds provided by this subsection shall be from federal discretionary grants.
(5) The superintendent of public instruction shall distribute salary and fringe benefit allocations for state supported staff units in the handicapped education program in the same manner as is provided for basic education program staff.
Sec. 506. 1993 sp.s. c 24 s 509 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR EDUCATIONAL SERVICE DISTRICTS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((9,891,000))
10,016,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The educational service districts shall continue to furnish financial services required by the superintendent of public instruction and RCW 28A.310.190 (3) and (4).
(2) (($250,000)) $375,000 of the general fund appropriation is provided solely for student teaching centers as provided in RCW 28A.415.100.
(3) $400,000 of the general fund appropriation is provided solely to implement Substitute Senate Bill No. 5889 (collaborative development school projects). If the bill is not enacted by June 30, 1993, the amount provided in this subsection shall lapse.
(4) $400,000 in savings is assumed from implementation of the efficiency and boundary study as provided in section 521 of this act and RCW 28A.500.010.
Sec. 507. 1993 sp.s. c 24 s 512 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR INSTITUTIONAL EDUCATION PROGRAMS
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((22,869,000))
26,318,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 8,548,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((31,417,000))
34,866,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The general fund--state appropriation includes such funds as are necessary for the remaining months of the 1992-93 school year.
(2) State funding provided under this section is based on salaries and other expenditures for a 220-day school year. The superintendent of public instruction shall monitor school district expenditure plans for institutional education programs to ensure that districts plan for a full-time summer program.
(3) Average staffing ratios for each category of institution shall not exceed the rates specified in the legislative budget notes.
Sec. 508. 1993 sp.s. c 24 s 513 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PROGRAMS FOR HIGHLY CAPABLE STUDENTS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((8,983,000))
8,939,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation includes such funds as are necessary for the remaining months of the 1992-93 school year.
(2) Allocations for school district programs for highly capable students shall be distributed for up to one and one-half percent of each district's full time equivalent basic education act enrollment.
(3) $435,000 of the appropriation is for the Centrum program at Fort Worden state park.
Sec. 509. 1993 sp.s. c 24 s 515 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR TRANSITIONAL BILINGUAL PROGRAMS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((46,940,000))
47,057,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation provides such funds as are necessary for the remaining months of the 1992-93 school year.
(2) The superintendent shall distribute a maximum of $628.90 per eligible bilingual student in the 1993-94 and the 1994-95 school years.
Sec. 510. 1993 sp.s. c 24 s 516 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR THE LEARNING ASSISTANCE PROGRAM
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((108,456,000))
107,913,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation provides such funds as are necessary for the remaining months of the 1992-93 school year.
(2) For making the calculation of the percentage of students scoring in the lowest quartile as compared with national norms, beginning with the 1991-92 school year, the superintendent shall multiply each school district's 4th and 8th grade test results by 0.86.
(3) Funding for school district learning assistance programs serving kindergarten through grade nine shall be distributed during the 1993-94 and 1994-95 school years at a maximum rate of $470 per student eligible for learning assistance programs.
(4) The superintendent of public instruction shall develop a new allocation formula as required under section 520 of this act.
Sec. 511. 1993 sp.s. c 24 s 517 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--LOCAL ENHANCEMENT FUNDS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((47,832,000))
47,587,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation provides such funds as are necessary for the remaining months of the 1992-93 school year.
(2) School districts receiving moneys pursuant to this section shall expend such moneys to meet educational needs as identified by the school district. Program enhancements funded pursuant to this section do not fall within the definition of basic education for purposes of Article IX of the state Constitution and the state's funding duty thereunder, nor shall such funding constitute levy reduction funds for purposes of RCW 84.52.0531.
(3) Allocations to school districts shall be calculated on the basis of full time enrollment at an annual rate of up to $26.30 per student. For school districts enrolling not more than one hundred average annual full time equivalent students, and for small school plants within any school district designated as remote and necessary schools, the allocations shall be as follows:
(a) Enrollment of not more than 60 average annual full time equivalent students in grades kindergarten through six shall generate funding based on sixty full time equivalent students;
(b) Enrollment of not more than 20 average annual full time equivalent students in grades seven and eight shall generate funding based on twenty full time equivalent students; and
(c) Enrollment of not more than 60 average annual full time equivalent students in grades nine through twelve shall generate funding based on sixty full time equivalent students.
(4) Receipt by a school district of one-fourth of the district's allocation of funds under this section for the 1994-95 school year, as determined by the superintendent of public instruction, shall be conditioned on a finding by the superintendent that the district is enrolled as a medicaid service provider and is actively pursuing federal matching funds for medical services provided through special education programs, pursuant to Substitute Senate Bill No. 5727 (Title XIX funding). If Substitute Senate Bill No. 5727 is not enacted by June 30, 1993, the limitations imposed by this subsection shall not take effect.
Sec. 512. 1993 sp.s. c 24 s 518 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--EDUCATIONAL REFORM PROGRAMS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((57,990,000))
76,174,000
The appropriation in this section is subject to the following conditions and limitations:
(1) (($23,000,000 is provided solely for resources and planning time for the 1994-95 school year for certificated staff to implement education reform under the requirements of Engrossed Substitute House Bill No. 1209 (education reform).)) $39,934,000 is provided for student learning improvement grants for the 1994-95 school year to implement education reform under RCW 28A.300.138. The grants shall be allocated based on the number of full time equivalent certificated staff employed in eligible schools of a district. The allocation shall not exceed $800 per full time equivalent certificated staff and shall be allocated in fiscal year 1995, beginning September 1, 1994.
(2) $2,190,000 is provided solely for ((paraprofessional training for classified staff. Resources and planning time for classified staff will be provided through the paraprofessional training program funded in this act)) training of paraprofessional classroom assistants and classroom teachers to whom the assistants are assigned.
(3) $3,900,000 is provided solely for the twenty-first century pilot programs for the remaining months of the 1992-93 school year and for the 1993-94 school year.
(4) $3,317,000 is provided solely for the operation of the commission on student learning under Engrossed Substitute House Bill No. 1209 (education reform). The commission on student learning shall report on a regular basis regarding proposed activities and expenditures of the commission.
(5) $1,683,000 is provided solely for development of assessments as required in Engrossed Substitute House Bill No. 1209 (education reform).
(6) (($1,800,000)) $2,550,000 is provided for school-to-work transition projects in the common schools, including state support activities, under Engrossed Substitute House Bill No. 1209 (education reform) and Engrossed Substitute House Bill No. 1820 (school-to-work transition).
(7) $3,300,000 is provided for mentor teacher assistance, including state support activities, under Engrossed Substitute House Bill No. 1209 (education reform). Of this amount, $400,000 is provided to establish one to three pilot projects pairing full-time mentor teachers with experienced teachers who are having difficulties and full-time mentor teachers with beginning teachers, as authorized under section 402 of Engrossed Substitute House Bill No. 1209.
(8) $900,000 is provided for superintendent and principal internships, including state support activities, under Engrossed Substitute House Bill No. 1209 (education reform).
(9) $4,500,000 is provided for improvement of technology infrastructure and educational technology support centers, including state support activities, under Engrossed Substitute House Bill No. 1209 (education reform).
(10) $8,000,000 is provided for grants to school districts to provide a continuum of care for children and families to help children become ready to learn. Grant proposals from school districts shall contain local plans designed collaboratively with community service providers. If a continuum of care program exists in the area in which the school district is located, the local plan shall provide for coordination with existing programs to the greatest extent possible. Grant funds shall be allocated pursuant to part IX of Engrossed Substitute House Bill No. 1209 (education reform).
(11) $5,000,000 is provided solely for the meals for kids program under Substitute Senate Bill No. 5971 (school meals) and shall be distributed as follows:
(a) $442,000 is provided solely for start-up grants for schools not eligible for federal start-up grants and for summer food service programs.
(b) $4,558,000 is provided solely to increase the state subsidy for free and reduced-price breakfasts.
(12) (($400,000)) $900,000 is provided for technical assistance related to education reform through the office of the superintendent of public instruction, in consultation with the commission on student learning, as specified in ((section 501 of Engrossed Substitute House Bill No. 1209)) RCW 28A.300.130 (center for the improvement of student learning).
Sec. 513. RCW 28A.310.020 and 1993 sp.s. c 24 s 522 are each amended to read as follows:
The state board of education upon its own initiative, or upon petition of any educational service district board, or upon petition of at least half of the district superintendents within an educational service district, or upon request of the superintendent of public instruction, may make changes in the number and boundaries of the educational service districts, including an equitable adjustment and transfer of any and all property, assets, and liabilities among the educational service districts whose boundaries and duties and responsibilities are increased and/or decreased by such changes, consistent with the purposes of RCW 28A.310.010: PROVIDED, That no reduction in the number of educational service districts will take effect after June 30, 1995, without a majority approval vote by the affected school directors voting in such election by mail ballot. Prior to making any such changes, the state board shall hold at least one public hearing on such proposed action and shall consider any recommendations on such proposed action.
The state board in making any change in boundaries shall give consideration to, but not be limited by, the following factors: (((1))) Size, population, topography, and climate of the proposed district((; and (2) costs associated with the governance, administration, and operation of the educational service district system in whole or part)).
The superintendent of public instruction shall furnish personnel, material, supplies, and information necessary to enable educational service district boards and superintendents to consider the proposed changes.
NEW SECTION. Sec. 514. A new section is added to 1993 sp.s. c 24 (uncodified) to read as follows:
Section 513 of this 1994 act is intended to restore RCW 28A.310.020 to its status prior to its amendment by chapter 24, Laws of 1993 sp. sess.
NEW SECTION. Sec. 515. 1993 sp.s. c 24 s 521 (uncodified) is amended to read as follows:
EDUCATIONAL SERVICE DISTRICTS. It is the intent of the legislature that the superintendent of public instruction in conjunction with the state board of education conduct a study of educational service district boundaries. The purpose of the study shall be to develop a more cost effective and efficient service delivery system for educational service district programs. As soon as practicable, the superintendent of public instruction shall develop and submit a reorganization proposal to the state board of education for implementation by July 1, ((1994)) 1995.
NEW SECTION. Sec. 516. A new section is added to 1993 sp.s. c 24 (uncodified) to read as follows:
FOR THE STATE BOARD OF EDUCATION--COMMON SCHOOL CONSTRUCTION
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 15,250,000
The appropriation in this section is subject to the following conditions and limitations: The state board of education shall verify that projects authorized for state matching funds under the state omnibus capital budget are completed according to the purposes for which the state matching funds are provided.
NEW SECTION. Sec. 517. A new section is added to 1993 sp.s. c 24 (uncodified) to read as follows:
COMPACT FOR EDUCATION. By June 30, 1994, the governor shall give notice pursuant to RCW 28A.695.010 of the state's intention to withdraw from the compact for education under chapter 28A.695 RCW. For the purposes of completing the state's obligation under chapter 28A.695 RCW (chapter 83, Laws of 1967, as amended), which is hereby repealed, $119,000 from the state general fund is appropriated for the biennium ending June 30, 1995.
PART VI
HIGHER EDUCATION
Sec. 601. 1993 sp.s. c 24 s 601 (uncodified) is amended to read as follows:
The appropriations in sections 602 through 610 of this act are subject to the following conditions and limitations:
(1) "Institutions of higher education" means the institutions receiving appropriations under sections 602 through 608 of this act.
(2) The general fund--state appropriations in sections 602 through 608 of this act represent significant reductions in current funding levels. In order to provide each institution of higher education with the capability of effectively managing within their unique requirements, some flexibility in implementing these reductions is permitted. This will assure the continuation of the highest quality higher education system possible within available resources. In establishing spending plans for the next biennium, each institution shall address the needs of its students in keeping with the following directives: (a) Establishing reductions of a permanent nature by avoiding short term solutions; (b) not reducing enrollments below budgeted levels; (c) maintaining the current resident to nonresident student proportions; (d) protecting undergraduate programs and support services; (e) protecting assessment activities; (f) protecting minority recruitment and retention efforts; (g) protecting the state's investment in facilities; (h) using institutional strategic plans as a guide for reshaping institutional expenditures; and (i) increasing efficiencies through administrative reductions, program consolidation, the elimination of duplication, the use of other resources, and productivity improvements. Each institution of higher education and the state board for community and technical colleges shall submit a report to the legislative fiscal committees by July 1, 1993, on their spending plans for the 1993-95 biennium. The report should address the approach taken with respect to each of the directives in this subsection. A second report responding to the same directives shall be submitted by November 1, 1993, which describes the implementation of the spending plan and its effects.
(3) For the 1995-97 biennium, it is the intent of the legislature to make further efficiency reductions in higher education. Related savings will go toward funding compensation increases. Reductions will be two and four-tenths percent of 1993-95 general fund--state appropriations for four-year institutions and two percent for the community and technical college system. Institutions will be given maximum flexibility in implementing these reductions. However, each institution shall address the needs of its students by not reducing enrollments below budgeted levels. In order to accomplish this, institutions are encouraged to begin a review of instructional programs to identify duplicative and low-productivity programs for possible consolidation or termination.
(4) The appropriations in sections 602 through 608 of this act provide state general fund support for student full time equivalent enrollments at each institution of higher education. The state general fund budget is further premised on a level of specific student tuition revenue collected into and expended from the institutions of higher education--general local accounts. Listed below are the annual full time equivalent student enrollments by institution assumed in this act.
1993-94 1994-95
Annual Annual
Average Average
FTE FTE
University of Washington
Main campus. . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 29,762 29,826
Evening Degree Program. . . . . . .. . . . . . .. . . . . . .. . . . . . . 465 525
Tacoma branch. . . . . . . .. . . . . . .. . . . . . .. . . . . . . 450 490
Bothell branch. .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 427 449
Washington State University
Main campus. . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 15,965 15,991
Spokane branch.. . . . . . .. . . . . . .. . . . . . .. . . . . . . 248 258
Tri-Cities branch. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 519 541
Vancouver branch. . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 511 595
Central Washington University. . . . . . . . .. . . . . . .. . . . . . . 6,666 6,810
Eastern Washington University. . . . . . . . .. . . . . . .. . . . . . . 7,429 7,573
The Evergreen State College. . . . . . . . . . .. . . . . . .. . . . . . . 3,226 3,258
Western Washington University. .. . . . . . .. . . . . . . 9,216 9,360
State Board for Community and
Technical Colleges. . . . .. . . . . . .. . . . . . .. . . . . . . 107,670 110,386
Higher Education Coordinating
Board. . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . . 50 50
Sec. 602. 1993 sp.s. c 24 s 602 (uncodified) is amended to read as follows:
FOR THE STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((676,763,000))
674,899,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 11,403,000
Industrial Insurance Premium Refund
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12,000
Employment and Training Trust
Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 35,120,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((723,298,000))
721,434,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,883,000 of the general fund--state appropriation is provided solely for 500 supplemental FTE enrollment slots to implement section 17, chapter 315, Laws of 1991 (timber-dependent communities).
(2) $35,120,000 of the employment and training trust fund appropriation is provided solely for training and related support services specified in Engrossed Substitute House Bill No. 1988 (employment and training). Of this amount:
(a) $27,630,000 shall provide enrollment opportunity for 3,500 full time equivalent students in fiscal year 1994 and 5,000 full time equivalent students in fiscal year 1995. The state board for community and technical colleges shall allocate the enrollments, with a minimum of 225 each year to Grays Harbor College;
(b) (($3,245,000 shall provide child care for the children of the student enrollments funded in (a) of this subsection;
(c) $500,000 shall provide transportation funding for the student enrollments funded in (a) of this subsection;
(d) $3,745,000 shall provide financial aid for the student enrollments funded in (a) of this subsection)) $7,490,000 shall provide child care assistance, transportation, and financial aid for the student enrollments funded in (a) of this subsection.
If Engrossed Substitute House Bill No. 1988 is not enacted by June 30, 1993, this appropriation shall lapse.
(3) $((3,425,000)) 3,725,000 of the general fund--state appropriation is provided solely for assessment of student outcomes at community and technical colleges.
(4) $1,412,000 of the general fund--state appropriation is provided solely to recruit and retain minorities.
(5) For purposes of RCW 28B.15.515(2), there is no upper enrollment variance limit and college districts may enroll students above the general fund--state level.
(6) For fiscal year 1994, the appropriations in this section shall not be used for salary increases including increments, but may be used for increments required to be paid under chapter 41.56 or 41.06 RCW except as restricted under section 913 of this act.
(7) For fiscal year 1995, colleges allocated funds from appropriations in this section shall not grant salary increases from any fund source, but may grant increments to classified staff and full-time faculty whose annual base salary is less than $45,000. Faculty increments shall be effective during the first month of the academic year. Funding of increments for faculty is limited to savings available from full-time faculty turnover and a maximum of $1,140,000 of the general fund--state appropriation. Section 915, chapter 224, Laws of 1993 sp. sess. does not apply to the increases authorized under this subsection.
(8) $((150,000)) 297,000 of the general fund--state appropriation is provided solely for the two-plus-two program at Olympic College.
(((8))) (9) $3,364,000 of the general fund--state appropriation is provided solely for instructional equipment for technical colleges.
(10) For fiscal year 1995, technical colleges may increase tuition and fees to conform with the percentage increase in community college operating fees authorized in chapter 18, Laws of 1993 sp. sess., notwithstanding RCW 43.135.055.
(11) $225,000 of the general fund--state appropriation is provided solely to implement Substitute House Bill No. 2210 (creating a new community college district). If the bill is not enacted by June 30, 1994, the amount provided in this subsection shall lapse.
(12) $1,000,000 of the general fund--state appropriation is provided for instructional equipment purchases for community and technical colleges. Each college district shall match its allocation of this appropriation with an equal amount of funds from private or other noncollege sources.
Sec. 603. 1993 sp.s. c 24 s 603 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((507,618,000))
504,130,000
Medical Aid Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ ((3,756,000))
4,083,000
Accident Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((3,762,000))
3,840,000
Death Investigations Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,282,000))
1,427,000
Oil Spill Administration Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((236,000))
100,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 5,800,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((522,454,000))
519,380,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((10,004,000)) 7,201,000 of the general fund appropriation is provided solely to operate upper-division and graduate level courses offered at the Tacoma branch campus.
(2) $((10,499,000)) 7,713,000 of the general fund appropriation is provided solely to operate upper-division and graduate level courses offered at the Bothell branch campus.
(3) The University of Washington shall prepare a plan to identify and remedy the cause of disparate market gaps in compensation for professional/exempt employees and librarians. The plan to remedy the causes shall be presented to the legislative fiscal and policy committees by ((January)) July 1, 1994. The plan will delineate what corrective actions the university will implement, independent of legislative action, in both the short-term and long-term.
(4) $2,300,000 of the health services account appropriation is provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5304 (health care reform) to increase the supply of primary health care providers. If Engrossed Second Substitute Senate Bill No. 5304 is not enacted by June 30, 1993, this appropriation shall lapse.
(5) $300,000 of the health services account appropriation is provided solely to expand community-based training for physician assistants. If Engrossed Second Substitute Senate Bill No. 5304 is not enacted by June 30, 1993, this appropriation shall lapse.
(6) $300,000 of the health services account appropriation is provided solely for the advanced registered nurse program. If Engrossed Second Substitute Senate Bill No. 5304 is not enacted by June 30, 1993, this appropriation shall lapse.
(7) $2,900,000 of the health services account appropriation is provided solely for health benefits for teaching and research assistants pursuant to Engrossed House Bill No. 2123.
(8) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.
(9) $648,000 of the general fund appropriation is provided solely to recruit and retain minorities.
(10) The University of Washington shall maintain essential requirements level funding for the family practice residency network within the school of medicine.
(11) $25,000 of the general fund appropriation is provided solely for the Thomas Burke Memorial Washington State Museum for meeting obligations created by the federal Native American Graves Protection and Repatriation Act of 1991, and for assistance in preparing rare Oligocene period whale fossils found on the Olympic Peninsula.
(12) The Death Investigation Council, in consultation with the Washington state toxicology laboratory, shall prepare a plan for billing clients for services. The plan is to be implemented in 1995-97, and revenue from client billings shall be sufficient to cover the projected budget deficit for 1995-97.
Sec. 604. 1993 sp.s. c 24 s 604 (uncodified) is amended to read as follows:
FOR WASHINGTON STATE UNIVERSITY
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((292,460,000))
290,469,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 1,400,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((293,860,000))
291,869,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((8,338,000)) 7,811,000 of the general fund appropriation is provided solely to operate upper-division and graduate level courses and other educational services offered at the Vancouver branch campus.
(2) $((6,420,000)) 5,697,000 of the general fund appropriation is provided solely to operate upper-division and graduate level courses and other educational services offered at the Tri-Cities branch campus.
(3) $((7,062,000)) 6,748,000 of the general fund appropriation is provided solely to operate graduate and professional level courses and other educational services offered at the Spokane branch campus.
(4) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.
(5) $280,000 of the general fund appropriation is provided solely to recruit and retain minorities.
(6) $((85,000)) 1 of the general fund appropriation is provided solely for the implementation of section 7 of Second Engrossed Substitute House Bill No. 1309 or substantially similar legislation.
(7) $1,400,000 of the health services account appropriation is provided solely for health benefits for teaching and research assistants pursuant to Engrossed House Bill No. 2123.
(8) $262,000 of the general fund appropriation is provided solely for the poultry diagnostic lab.
(9) $120,000 of the general fund appropriation is provided solely for the aquaculture certification center.
(10)(a) To protect children and adults from inappropriate pesticide exposure in public schools, the cooperative extension service shall make available upon request a model integrated pest management program for use by local public school districts. The model program shall maximize reliance on natural pest controls least harmful to people and the environment.
(b) School district implementation of model integrated pest management programs shall involve parents, teachers, and staff.
Sec. 605. 1993 sp.s. c 24 s 605 (uncodified) is amended to read as follows:
FOR EASTERN WASHINGTON UNIVERSITY
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((72,813,000))
72,252,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 200,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((73,013,000))
72,452,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.
(2) $186,000 of the general fund appropriation is provided solely to recruit and retain minorities.
(3) $200,000 of the health services account appropriation is provided solely for health benefits for teaching and research assistants pursuant to Engrossed House Bill No. 2123.
Sec. 606. 1993 sp.s. c 24 s 606 (uncodified) is amended to read as follows:
FOR CENTRAL WASHINGTON UNIVERSITY
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((66,482,000))
66,003,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 10,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 140,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((66,622,000))
66,153,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.
(2) $140,000 of the general fund appropriation is provided solely to recruit and retain minorities.
(3) $140,000 of the health services account appropriation is provided solely for health for benefits teaching and research assistants pursuant to Engrossed House Bill No. 2123.
Sec. 607. 1993 sp.s. c 24 s 607 (uncodified) is amended to read as follows:
FOR THE EVERGREEN STATE COLLEGE
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((37,207,000))
36,899,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.
(2) $94,000 of the general fund appropriation is provided solely to recruit and retain minorities.
(3) $410,000 of the general fund((--state)) appropriation is provided solely for the public schools partnership program.
(4) $976,000 of the general fund appropriation is provided solely for the Washington state institute for public policy to conduct studies requested by the legislature.
Sec. 608. 1993 sp.s. c 24 s 608 (uncodified) is amended to read as follows:
FOR WESTERN WASHINGTON UNIVERSITY
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((81,618,000))
81,088,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 200,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((81,818,000))
81,288,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.
(2) $186,000 of the general fund appropriation is provide solely to recruit and retain minorities.
(3) $200,000 of the health services account appropriation is provided solely for health benefits for teaching and research assistants pursuant to Engrossed House Bill No. 2123.
Sec. 609. 1993 sp.s. c 24 s 609 (uncodified) is amended to read as follows:
FOR THE HIGHER EDUCATION COORDINATING BOARD--POLICY COORDINATION AND ADMINISTRATION
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((4,018,000))
7,319,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 265,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((4,283,000))
7,584,000
The appropriations in this section are provided to carry out the policy coordination, planning, studies, and administrative functions of the board and are subject to the following conditions and limitations:
(1) $717,000 of the general fund--state appropriation is provided solely for enrollment to implement sections 18 through 21, chapter 315, Laws of 1991 (timber dependent communities). The number of students served shall be 50 full time equivalent students per fiscal year.
(2) $2,500,000 of the general fund--state appropriation is provided for transfer to the Washington distinguished professorship trust fund.
(a) For the biennium ending June 30, 1995, all appropriations to the Washington distinguished professorship trust fund shall be allocated as provided in this subsection. The state treasurer shall reserve the following amounts in the trust fund for distribution to four-year higher education institutions at such time as qualifying gifts for distinguished professorships have been deposited pursuant to RCW 28B.10.866 through 28B.10.874:
(i) $750,000 of the appropriation for the University of Washington;
(ii) $750,000 of the appropriation for Washington State University;
(iii) $250,000 of the appropriation for Eastern Washington University;
(iv) $250,000 of the appropriation for Central Washington University;
(v) $250,000 of the appropriation for Western Washington University;
(vi) $250,000 of the appropriation for The Evergreen State College.
(b) As of June 30, 1995, if any funds reserved in (a) of this subsection have not been designated as matching funds for qualifying gifts, any four-year institution of higher education that has otherwise fully utilized the professorships allocated to it by this subsection may be eligible for such funds under rules established by the higher education coordinating board.
(3) $900,000 of the general fund--state appropriation is provided solely for transfer to the Washington graduate fellowship trust fund.
(a) For the biennium ending June 30, 1995, all appropriations to the Washington graduate fellowship trust fund shall be allocated as provided in this subsection. The state treasurer shall reserve the following amounts in the trust fund for distribution to four-year higher education institutions at such time as qualifying gifts for graduate fellows have been deposited:
(i) $100,000 of the appropriation for Eastern Washington University;
(ii) $100,000 of the appropriation for Central Washington University;
(iii) $100,000 of the appropriation for Western Washington University;
(iv) $100,000 of the appropriation for The Evergreen State College;
(v) $250,000 of the appropriation for the University of Washington;
(vi) $250,000 of the appropriation for Washington State University.
(b) As of June 30, 1995, if any funds reserved in (a) of this subsection have not been designated as matching funds for qualifying gifts, any four-year institution of higher education that has otherwise fully utilized the fellowships allocated to it by this subsection may be eligible for such funds under rules established by the higher education coordinating board.
Sec. 610. 1993 sp.s. c 24 s 610 (uncodified) is amended to read as follows:
FOR THE HIGHER EDUCATION COORDINATING BOARD--FINANCIAL AID AND GRANT PROGRAMS
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((126,315,000))
126,607,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 6,381,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 2,230,000
State Education Grant Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 40,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((134,966,000))
135,258,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,044,000 of the general fund--state appropriation is provided solely for the displaced homemakers program.
(2) $2,000,000 of the health services account appropriation is provided solely for scholarships and loans under chapter 28B.115 RCW, health professional conditional scholarship program. If Engrossed Second Substitute Senate Bill No. 5304 (health care reform) is not enacted by June 30, 1993, this appropriation shall lapse.
(3) $230,000 of the health services account appropriation is provided solely for the health personnel resources plan. If Engrossed Second Substitute Senate Bill No. 5304 is not enacted by June 30, 1993, this appropriation shall lapse.
(4) $431,000 of the general fund--state appropriation is provided solely for the western interstate commission for higher education.
(5) $((124,840,000)) 124,770,000 of the general fund--state appropriation is provided solely for student financial aid, including all administrative costs. Of this amount:
(a) $95,039,000 is provided solely for the state need grant program. Of this amount, a maximum of $249,000 may be expended to establish postsecondary education resources centers through the early intervention scholarship program to the extent that an equal amount of federal matching funds are also provided. The board shall, to the best of its ability, rank and serve students eligible for the state need grant and the early intervention scholarship program in order from the lowest family income to the highest family income. Any state need grant moneys not awarded by April 1st of each year may be transferred to the state work study program.
(b) $24,200,000 is provided solely for the state work study program.
(c) $1,000,000 is provided solely for educational opportunity grants.
(d) A maximum of $((2,698,000)) 2,628,000 may be expended for financial aid administration.
(((5) $2,800,000 of the general fund--federal appropriation is provided solely for state need grants for students participating in the federal job opportunities and basic skills program (JOBS).
(6))) (e) $50,000 ((of the general fund--state appropriation)) is provided solely for a demonstration project that matches money raised for scholarships by new local chapters of the Citizen's Scholarship Foundation of America. To be eligible to receive a state matching grant, the new chapter must be created after June 30, 1993. Each chapter is limited to one matching grant and must raise at least $2,000 before receiving matching funds.
(((7) $288,000 of the general fund--state appropriation)) (f) $650,000 is provided solely for the educator's excellence awards, which includes $53,000 transferred from the office of the superintendent of public instruction. $61,000 of the amount provided in this subsection is provided solely to implement Senate Bill No. 6074 (award for excellence in education). If the bill is not enacted by June 30, 1994, $61,000 of the general fund--state appropriation shall lapse.
(6) $2,800,000 of the general fund--federal appropriation is provided solely for state need grants for students participating in the federal job opportunities and basic skills program (JOBS).
Sec. 611. 1993 sp.s. c 24 s 611 (uncodified) is amended to read as follows:
FOR THE JOINT CENTER FOR HIGHER EDUCATION
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((711,000))
917,000
Sec. 612. 1993 sp.s. c 24 s 612 (uncodified) is amended to read as follows:
FOR THE WORK FORCE TRAINING AND EDUCATION COORDINATING BOARD
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((3,517,000))
3,447,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 34,651,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((38,168,000))
38,098,000
The appropriations in this section are subject to the following conditions and limitations: In order for the agency to accomplish both its federally assigned and state responsibilities under chapter 28C.18 RCW, it may, with the concurrence of the office of financial management, exercise discretion in restructuring its general fund--state and general fund--federal resources within allowed FTE staff totals.
Sec. 613. 1993 sp.s. c 24 s 614 (uncodified) is amended to read as follows:
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((14,062,000))
14,172,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 4,796,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 46,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((18,904,000))
19,014,000
The appropriations in this section are subject to the following conditions and limitations: $2,385,516 of the general fund--state appropriation and $54,000 from federal funds are provided solely for a contract with the Seattle public library for library services for the blind and physically handicapped.
Sec. 614. 1993 sp.s. c 24 s 615 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE ARTS COMMISSION
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((4,274,000))
4,296,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 934,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((5,208,000))
5,230,000
The appropriations in this section are subject to the following conditions and limitations: The portion of the general fund appropriation provided for the institutional and organizational support programs shall be awarded to applicants that have not added to any accumulated deficit in the most recently completed fiscal year. Applicants that provide artistic services to communities that are otherwise artistically underserved, are integral to the arts community in which they are based, or that have budgets of less than $250,000 shall be exempt from this requirement.
Sec. 615. 1993 sp.s. c 24 s 616 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE HISTORICAL SOCIETY
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((2,321,000))
2,325,000
Sec. 616. 1993 sp.s. c 24 s 617 (uncodified) is amended to read as follows:
FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((873,000))
891,000
Sec. 617. 1993 sp.s. c 24 s 618 (uncodified) is amended to read as follows:
FOR THE STATE SCHOOL FOR THE DEAF
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((12,566,000))
12,557,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 40,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 9,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 12,606,000
Sec. 618. 1993 sp.s. c 24 s 619 (uncodified) is amended to read as follows:
FOR THE STATE SCHOOL FOR THE BLIND
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((6,862,000))
6,855,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 26,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 7,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 6,888,000PART VII
SPECIAL APPROPRIATIONS
Sec. 701. 1993 sp.s. c 24 s 710 (uncodified) is amended to read as follows:
FOR THE GOVERNOR--EMERGENCY TRAVEL FUND
General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((3,553,000))
463,000
The appropriation in this section is subject to the following conditions and limitations: The appropriation shall be used solely for providing for the cost of travel, lodgings, and related expenses for agencies that demonstrate a critical agency-related need as a result of the reductions in travel funding made by this act. Allocations from this appropriation shall be reported quarterly to the legislative fiscal committees.
NEW SECTION. Sec. 702. A new section is added to 1993 sp.s. c 24 (uncodified) to read as follows:
FOR THE GOVERNOR--MAINFRAME REPROGRAMMING COSTS
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 656,000
Forest Development Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 97,000
Resource Management Cost Account Appropriation. . . . . . . . . . . . . . . . . . . . . . $ 236,000
Unemployment Compensation Administration
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 732,000
Department of Retirement Systems Expense
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 407,000
Accident Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ 471,000
Medical Aid Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 470,000
Liquor Revolving Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 456,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 3,525,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations are provided for reprogramming mainframe and other computer applications of the department of personnel, department of natural resources, department of information services, employment security department, department of retirement systems, liquor control board, and department of labor and industries.
(2) Funds shall not be expended until agency work plans are approved by the department of information services and the office of financial management.
(3) The appropriations in this section assume expenditure of $404,000 from nonappropriated funds in the data processing revolving account. No more than this amount shall be expended by the department of personnel's human resources information services division.
NEW SECTION. Sec. 703. A new section is added to 1993 sp.s. c 24 (uncodified) to read as follows:
FOR THE GOVERNOR--REGULATORY REFORM
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 200,000
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for allocation to assist state agencies in implementing Engrossed Second Substitute House Bill No. 2510 (regulatory reform).
Sec. 704. 1993 sp.s. c 24 s 701 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL FUND BOND DEBT
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((736,118,685))
698,685,618
This appropriation is for deposit into the accounts listed in section 801 of this act.
Sec. 705. 1993 sp.s. c 24 s 703 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED AS PRESCRIBED BY STATUTE
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((28,156,178))
35,218,846
Community College Refunding Bond Retirement
Fund 1974 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 9,856,110
Community College Capital Construction Bond
Retirement Fund 1975, 1976, 1977
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 10,304,798
Higher Education Bond Retirement Fund 1979
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 6,354,922
Washington State University Bond Redemption
Fund 1977 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 516,452
Higher Education Refunding Bond Redemption
Fund 1977 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 6,245,701
State General Obligation Bond Retirement
1979 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((65,033,822))
71,822,089
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((126,467,983))
140,318,918
Sec. 706. 1993 sp.s. c 24 s 705 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR DEBT TO BE PAID BY STATUTORILY PRESCRIBED REVENUE
Common School Building Bond Redemption Fund
1967 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,923,625
((State Building Bond Redemption Fund 1967
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 654,200))
State Building and Parking Bond Redemption
Fund 1969 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 2,456,980
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((10,034,805))
9,380,605
Sec. 707. 1993 sp.s. c 24 s 706 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((1,258,314))
2,453,714
Higher Education Construction Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 185,130
State Convention and Trade Center Appropriation. . . . . . . . . . . . . . . . . . . . . . . .$ 88,050
((Excess Earnings Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 1,195,400))
State Building Construction Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 35,298,012
Economic Development Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 162,000
Puget Sound Capital Construction Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,716,792
Motor Vehicle Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 2,849,751
Special Category C Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 974,359
Energy Efficiency Construction Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 515,362
Common School Reimbursable Construction Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 5,666,853
Higher Education Reimbursable Construction Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,312,476
Energy Efficiency Services Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 51,282
State and Local Improvements Revolving Account
Appropriation--Waste Disposal Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,808
State and Local Improvements Revolving Account
Appropriation--Waste Disposal Facilities,
1980. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 7,370
State and Local Improvements Revolving Account
Appropriation--Water Supply Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 6,285
Fruit Commission Facilities Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 500
State Higher Education Bond Retirement Account
Appropriation, 1988. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((55,273,781))
55,292,744
Total Bond Retirement and Interest
Appropriations contained in sections 701
through 706 of this act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ 1,181,971,582
NEW SECTION. Sec. 708. A new section is added to 1993 sp.s. c 24 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--BELATED CLAIMS
The following sums, or so much thereof as shall severally be found necessary, are hereby appropriated and authorized to be expended out of several accounts indicated, for the period from the effective date of this act to June 30, 1995, in order to reimburse the general fund for expenditures from belated claims, to be disbursed on vouchers approved by the office of financial management:
Hospital Commission Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 37
Archives and Records Management Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,005
Winter Recreation Program Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75
Snowmobile Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 226
Institutional Impact Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15,428
Forest Development Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,034
Health Professions Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,952
Flood Control Assistance Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,460
Aquatic Lands Enhancement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 110
Public Safety and Education Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,408
Real Estate Commission Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 17,829
Reclamation Revolving Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 104
State Investment Board Expense Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,330
State Emergency Water Projects Revolving Account. . . . . . . . . . . . . . . . . . . . . . . $ 16
State Capitol Historical Association Museum Account. . . . . . . . . . . . . . . . . . . . $ 37
Resource Management Cost Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,734
Charitable, Educational, Penal (CEP), and
Reformatory Institutions (RI) Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,384
Litter Control Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,564
State and Local Improvement Revolving Account--
Waste Disposal Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 461
Grade Crossing Protective Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,791
State Patrol Highway Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 121,716
State Wildlife Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,800
Highway Safety Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 99,707
Motor Vehicle Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 84,214
Puget Sound Ferry Operations Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 429
Special Wildlife Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 868
Public Service Revolving Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,408
Vehicle Tire Recycling Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 149
Insurance Commissioner's Regulatory Account. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,712
Water Quality Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 89,017
High Capacity Transportation Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,110
Basic Health Plan Trust Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 462
State Toxics Control Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 233,859
Local Toxics Control Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 51,879
Water Quality Permit Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12
Drug Enforcement and Education Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400
Solid Waste Management Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,127
Hazardous Waste Assistance Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 98
State Treasurer's Service Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 546
Legal Services Revolving Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,362
Municipal Revolving Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,512
Department of Personnel Service Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,931
Auditing Services Revolving Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,044
Liquor Revolving Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,029
State Convention and Trade Center Operations Account. . . . . . . . . . . . . . . . . . . $ 4,037
Department of Retirement Systems Expense Account. . . . . . . . . . . . . . . . . . . . . . $ 4,537
Accident Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,289
Medical Aid Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,289
NEW SECTION. Sec. 709. A new section is added to 1993 sp.s. c 24 (uncodified) to read as follows:
FOR SUNDRY CLAIMS. The following sums, or so much thereof as may be necessary, are appropriated from the general fund, unless otherwise indicated, for relief of various individuals, firms, and corporations for sundry claims. These appropriations are to be disbursed on vouchers approved by the director of general administration, except as otherwise provided as follows:
(1) Reimbursement of self-defense claims under RCW 9A.16.110:
(a) Gregory Johnson, for payment of claim
number SCJ-93-10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10,993.52
(b) Dale G. Horton, Jr., for payment of claim
number SCJ-93-11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,279.00
(c) Joseph Flarity, for payment of claim
number SCJ-93-12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,754.47
(d) Loren Mann, for payment of claim
number SCJ-93-16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14,462.62
(2) Payment from the state wildlife account of claims for damage to crops by wildlife:
(a) Joe C. Grentz, claim number
SCG-91-01A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,491.00
(b) Mark Heuett, claim number
SCG-93-03. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 4,471.00
(c) Stan P. Stout, claim number
SCG-93-08. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 8,456.00
(d) Ray M. Beller, claim number
SCG-93-09. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 2,000.00
(e) Rudy E. Etzkorn, claim number
SCG-93-10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 27,643.00
(f) Lowell A. Scott, claim number
SCG-93-11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 24,061.00
Sec. 710. 1993 sp.s. c 24 s 716 (uncodified) is amended to read as follows:
FOR THE GOVERNOR--COMPENSATION--INSURANCE BENEFITS
((General Fund--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 8,960,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 3,216,000
Special Fund Salary and Insurance Contribution
Increase Revolving Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,871,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 19,047,000
The appropriations in this section, or so much thereof as may be necessary, shall be expended solely for the purposes designated in this section and are subject to the conditions and limitations specified in this section.))
(1) The ((appropriations in this section shall be distributed by the)) office of financial management ((to)) shall reduce the allotments of state agencies, excluding institutions of higher education, to ((fund the 1993-95 increased)) reflect decreased costs of health care benefits, administration, and margin in the self-insured medical and dental plans. In making these allotment revisions, the office of financial management shall reduce general fund--state expenditures by $14,009,000, general fund--federal expenditures by $5,192,000, and all other fund expenditures by $11,911,000.
(2)(a) The monthly contributions for insurance benefit premiums shall not exceed $317.79 per eligible employee for fiscal year 1994, and $((350.25)) 299.57 for fiscal year 1995.
(b) The monthly contributions for the margin in the self-insured medical and dental plans and for the operating costs of the health care authority shall not exceed $5.91 per eligible employee for fiscal year 1994, and $((6.21)) 5.75 for fiscal year 1995.
(c) Any returns of funds to the health care authority resulting from favorable claims experienced during the 1993-95 biennium shall be held in reserve within the state employees insurance account until appropriated by the legislature.
(d) Funds provided ((under this section)) for insurance benefits, including funds resulting from dividends or refunds, shall not be used to increase employee insurance benefits over the level of services provided on the effective date of this act. Contributions by any county, municipal, or other political subdivision, except any school district or any bargaining unit within a school district, to which coverage is extended after ((the effective date of this act)) January 1, 1994, shall not receive the benefit of any surplus funds attributable to premiums paid prior to the date on which coverage is extended. Use of such surplus funds by school districts or bargaining units within a school district shall be limited by the conditions in subsection (4) of this section.
(3) To facilitate the transfer of moneys from dedicated funds and accounts, the state treasurer is directed to transfer sufficient moneys from each dedicated fund or account to the special fund salary and insurance contribution increase revolving fund in accordance with schedules provided by the office of financial management.
(4) ((A maximum of $587,000 of the special fund salary and insurance contribution increase revolving fund appropriation in this section may be expended for benefit increases for ferry workers consistent with the 1993-95 transportation appropriations act.)) School districts or bargaining units within a school district that are currently enrolled in a health care authority plan, or that newly enroll in a plan for the 1994/1995 plan year, shall purchase benefits at a rate of $322.90 per month per active employee. The rate of $322.90 includes health care authority administration and margin for self-insured medical and dental plans, and the remittance for the retiree subsidy. The health care authority shall limit the number of enrollees from school districts to the extent necessary to ensure that a deficit in the public employees' and retirees' insurance account does not occur as a result of increased enrollments.
(5) The health care authority, subject to the approval of the public employees benefits board, shall provide the following subsidies for health benefit premiums provided to retirees pursuant to RCW 41.05.080 and 41.05.260 and Senate Bill No. 6605 (retiree health benefits):
(a) From July 1, 1994, through December 31, 1994, the health benefit subsidy for eligible retired or disabled school employees who are eligible for parts A and B of medicare shall be $34.20 per month.
(b) From July 1, 1994, through December 31, 1994, the health benefit subsidy for eligible retired or disabled school employees who are under age 65 shall be $85.50 per month.
(c) From January 1, 1995, to June 30, 1995, the health benefit subsidy for eligible retired or disabled school employees who are eligible for parts A and B of medicare shall be $34.20 per month from the public employees and retirees insurance account in accordance with Senate Bill No. 6605 (retiree health benefits). If the bill is not enacted by June 30, 1994, this subsection (5)(c) shall lapse.
(d) From January 1, 1995, to June 30, 1995, the health benefit subsidy for eligible retired state employees who are eligible for parts A and B of medicare shall be $34.20 per month from the public employees and retirees insurance account in accordance with Senate Bill No. 6605 (retiree health benefits). If the bill is not enacted by June 30, 1994, this subsection (5)(d) shall lapse.
The public employees' benefits board may adjust the subsidy amounts in this subsection (5) based on actual retiree enrollments.
Sec. 711. 1993 sp.s. c 24 s 721 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--LOANS
((General Fund Appropriation—-For transfer to the
Convention and Trade Center Operating Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,830,000))
General Fund Appropriation—For transfer to the
Community College Capital Projects Account. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,550,000
((TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ 7,380,000))PART VIII
OTHER TRANSFERS AND APPROPRIATIONS
Sec. 801. 1993 sp.s. c 24 s 801 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER—BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT SUBJECT TO THE STATUTORY DEBT LIMIT
Fisheries Bond Redemption Fund 1977
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,369,050
Water Pollution Control Facilities Bond Redemption
Fund 1967 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 640,313
State Building (Expo 74) Bond Redemption Fund 1973A
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((374,968))
158,287
State Building Bond Redemption Fund 1973
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((3,815,320))
843,556
State Higher Education Bond Redemption Fund 1973
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((4,395,023))
621,187
((State Building Authority Bond Redemption Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 9,397,425))
Community College Capital Improvement Bond
Redemption Fund 1972 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((7,528,400))
923,167
State Higher Education Bond Redemption Fund 1974
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,187,200))
94,125
Waste Disposal Facilities Bond Redemption Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((50,473,075))
34,146,747
Water Supply Facilities Bond Redemption Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 11,109,893
Recreation Improvements Bond Redemption Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((6,033,190))
253,800
Social and Health Services Facilities 1972 Bond
Redemption Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((3,713,865))
323,900
Outdoor Recreation Bond Redemption Fund 1967
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,593,098
Indian Cultural Center Construction Bond
Redemption Fund 1976 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 127,231
((Fisheries Bond Redemption Fund 1976
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 760,015
Higher Education Bond Redemption Fund 1975
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,168,025
State Building Bond Retirement Fund 1975
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 422,360))
Social and Health Services Bond Redemption Fund
1976 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,464,773
Emergency Water Projects Bond Retirement Fund 1977
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,639,480
Higher Education Bond Redemption Fund 1977
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 13,296,100
Salmon Enhancement Bond Redemption Fund 1977
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,706,950
Fire Service Training Center Bond Retirement Fund
1977 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 745,706
State General Obligation Bond Retirement Bond 1979
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((601,579,585))
616,628,255
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((736,118,685))
698,685,618
The total expenditures from the state treasury under the appropriations in this section and in section 701 of this act shall not exceed the total appropriation in this section.
Sec. 802. 1993 sp.s. c 24 s 802 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED AS PRESCRIBED BY STATUTE
State General Obligation Bond Retirement
1979 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 28,156,178
The total expenditures from the state treasury under the appropriation in this section and the general fund appropriation in section 703 of this act shall not exceed the total appropriation in this section.
Sec. 803. 1993 sp.s. c 24 s 803 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION
General Fund Appropriation for fire insurance
premiums tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((4,382,550))
4,369,500
General Fund Appropriation for public utility
district excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((29,254,986))
27,050,294
General Fund Appropriation for prosecuting
attorneys' salaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,300,000
General Fund Appropriation for motor vehicle
excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ ((96,445,099))
96,797,347
General Fund Appropriation for local mass
transit assistance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((294,186,744))
297,185,157
General Fund Appropriation for camper and
travel trailer excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((3,112,351))
2,817,271
General Fund Appropriation for boating
safety/education and law enforcement
distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((789,528))
2,623,676
Aquatic Lands Enhancement Account Appropriation
for harbor improvement revenue distribution. . . . . . . . . . . . . . . . . . . . . . . . .$ 154,000
Liquor Excise Tax Fund Appropriation for
liquor excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((24,307,934))
22,875,500
Motor Vehicle Fund Appropriation for motor
vehicle fuel tax and overload penalties
distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((552,082,000))
410,702,520
Liquor Revolving Fund Appropriation for liquor
profits distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((53,570,000))
44,296,710
Timber Tax Distribution Account Appropriation
for distribution to "Timber" counties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((121,724,800))
139,375,055
Municipal Sales and Use Tax Equalization Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((51,882,670))
51,035,317
County Sales and Use Tax Equalization Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((17,476,268))
15,717,879
Death Investigations Account Appropriation
for distribution to counties for publicly
funded autopsies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,400,000
County Criminal Justice Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((16,145,834))
58,818,768
Municipal Criminal Justice Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ ((6,458,226))
23,896,400
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((1,276,672,990))
1,202,415,394
The total expenditures from the state treasury under the appropriations in this section shall not exceed the funds available under statutory distributions for the stated purposes.
Sec. 804. 1993 sp.s. c 24 s 805 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--TRANSFERS
Flood Control Assistance Account: For transfer to
the General Fund--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ ((300,000))
0
State Convention and Trade Center Account: For
transfer to the State Convention and Trade
Center Operations Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ ((5,699,000))
9,587,000
Water Quality Account: For transfer to the water
pollution revolving fund. Transfers shall be made
at intervals coinciding with deposits of federal
capitalization grant money into the revolving fund.
The amounts transferred shall not exceed the match
required for each federal deposit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 21,500,000
Trust Land Purchase Account: For transfer to the
General Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((24,000,000))
22,300,000
General Government Special Revenue Fund--State
Treasurer's Service Account: For transfer to the
General Fund on or before ((July 20)) June 30, 1995,
an amount up to $((7,400,000)) 8,400,000 in excess of
the cash requirements of the state treasurer's
service account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((7,400,000))
8,400,000
Public Works Assistance Account:
For transfer to the General Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 35,000,000
Health Services Account:
For transfer to the Public Health Services
account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 20,000,000
Economic Development Finance Authority Account:
For transfer to the General Fund--Federal an
amount to include but not exceed all total
federal equity in the account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 458,000
Oil Spill Response Account:
For transfer to the Oil Spill Administration
Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 955,000
Air Pollution Control Account:
For transfer to the General Fund pursuant
to Senate Bill No. 5918 (ride sharing
incentives). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 404,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((113,899,000))
118,604,000
PART IX
MISCELLANEOUS
Sec. 901. RCW 22.09.830 and 1989 c 354 s 52 are each amended to read as follows:
(1) All moneys collected as warehouse license fees, fees for weighing, grading, and inspecting commodities and all other fees collected under the provisions of this chapter, except as provided in subsection (2) of this section, shall be deposited in the grain inspection revolving fund, which is hereby established. The state treasurer is the custodian of the revolving fund. Disbursements from the revolving fund shall be on authorization of the director of the department of agriculture. The revolving fund is subject to the allotment procedure provided in chapter 43.88 RCW, but no appropriation is required for disbursements from the fund. The fund shall be used for all expenses directly incurred by the commodity inspection division in carrying out the provisions of this chapter and for departmental administrative expenses during the 1993-95 biennium. The department may use so much of such fund not exceeding five percent thereof as the director of agriculture may determine necessary for research and promotional work, including rate studies, relating to wheat and wheat products.
(2) All fees collected for the inspection, grading, and testing of hops shall be deposited into the hop inspection fund, which is hereby established, and shall be retained by the department for the purpose of inspecting, grading, and testing hops. Any moneys in any fund retained by the department on July 1, 1963, and derived from hop inspection and grading shall be deposited to this hop inspection fund. For the purposes of research which would contribute to the development of superior hop varieties and to improve hop production and harvest practices, the department may expend up to twenty percent of the moneys deposited in the hop inspection fund during the fiscal year ending June 30th immediately preceding the year in which such expenditures are to be made. No expenditures shall be made under the provisions of this subsection when the hop inspection fund is, or the director may reasonably anticipate that it will be, reduced below twenty thousand dollars as the result of such expenditure or other necessary expenditures made to carry out the inspection, grading, and testing of hops.
Sec. 902. RCW 70.146.080 and 1993 sp.s. c 24 s 924 are each amended to read as follows:
Within thirty days after June 30, 1987, and within thirty days after each succeeding fiscal year thereafter, the state treasurer shall determine the tax receipts deposited into the water quality account for the preceding fiscal year. If the tax receipts deposited into the account in each of the fiscal years 1988 and 1989 are less than forty million dollars, the state treasurer shall transfer sufficient moneys from general state revenues into the water quality account to bring the total receipts in each fiscal year up to forty million dollars.
For the biennium ending June 30, 1991, if the tax receipts deposited into the water quality account and the earnings on investment of balances credited to the account are less than ninety million dollars, the treasurer shall transfer sufficient moneys from general state revenues into the water quality account to bring the total revenue up to ninety million dollars. The determination and transfer shall be made by July 31, 1991.
For fiscal year((s)) 1992 ((and 1993)) and for fiscal years 1995 and 1996 and thereafter, if the tax receipts deposited into the water quality account for each fiscal year are less than forty-five million dollars, the treasurer shall transfer sufficient moneys from general state revenues into the water quality account to bring the total revenue up to forty-five million dollars. Determinations and transfers shall be made by July 31 for the preceding fiscal year.
Sec. 903. RCW 90.56.510 and 1993 c 162 s 2 are each amended to read as follows:
(1) The oil spill administration account is created in the state treasury. All receipts from RCW 82.23B.020(2) shall be deposited in the account. Moneys from the account may be spent only after appropriation. The account is subject to allotment procedures under chapter 43.88 RCW. On July 1 of each odd-numbered year, if receipts deposited in the account from the tax imposed by RCW 82.23B.020(2) for the previous fiscal biennium exceed the amount appropriated from the account for the previous fiscal biennium, the state treasurer shall transfer the amount of receipts exceeding the appropriation to the oil spill response account. If, on the first day of any calendar month, the balance of the oil spill response account is greater than twenty-five million dollars and the balance of the oil spill administration account exceeds the unexpended appropriation for the current biennium, then the tax under RCW 82.23B.020(2) shall be suspended on the first day of the next calendar month until the beginning of the following biennium, provided that the tax shall not be suspended during the last six months of the biennium. If the tax imposed under RCW 82.23B.020(2) is suspended during two consecutive biennia, the department shall by November 1st after the end of the second biennium, recommend to the appropriate standing committees an adjustment in the tax rate. For the ((period 1991-93)) biennium ending June 30, 1995, the state treasurer may transfer funds from the oil spill response account to the oil spill administration account in amounts necessary to support appropriations made from the oil spill administration account in the omnibus appropriations act adopted not later than June 30, 1994.
(2) Expenditures from the oil spill administration account shall be used exclusively for the administrative costs related to the purposes of this chapter, and chapters 90.48, 88.40, and 88.46 RCW. Starting with the 1995-1997 biennium, the legislature shall give activities of state agencies related to prevention of oil spills priority in funding from the oil spill administration account. Costs of administration include the costs of:
(a) Routine responses not covered under RCW 90.56.500;
(b) Management and staff development activities;
(c) Development of rules and policies and the state-wide plan provided for in RCW 90.56.060;
(d) Facility and vessel plan review and approval, drills, inspections, investigations, enforcement, and litigation;
(e) Interagency coordination and public outreach and education;
(f) Collection and administration of the tax provided for in chapter 82.23B RCW; and
(g) Appropriate travel, goods and services, contracts, and equipment.
NEW SECTION. Sec. 904. 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. 905. 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 shall take effect immediately.
On page 1, line 1 of the title, after "matters;" strike the remainder of the title and insert "amending RCW 28A.310.020, 22.09.830, 70.146.080, and 90.56.510; amending 1993 sp.s. c 24 ss 101, 102, 103, 104, 106, 107, 109, 111, 112, 113, 114, 117, 118, 119, 120, 116, 121, 123, 124, 125, 217, 218, 127, 128, 129, 131, 132, 133, 134, 135, 138, 139, 140, 141, 142, 143, 145, 146, 147, 149, 150, 152, 308, 151, 318, 316, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301, 302, 303, 304, 305, 306, 307, 309, 310, 311, 312, 313, 314, 315, 317, 401, 402, 501, 502, 504, 505, 507, 509, 512, 513, 515, 516, 517, 518, 521, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 614, 615, 616, 617, 618, 619, 710, 701, 703, 705, 706, 716, 721, 801, 802, 803, and 805 (uncodified); adding new sections to 1993 sp.s. c 24 (uncodified); repealing 1993 sp.s. c 24 s 613 (uncodified); repealing chapter 28A.695 RCW; making appropriations; and declaring an emergency."
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Rinehart, Quigley; Representatives Sommers, Peery.
MOTION
Representative Sommers moved that the House adopt the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6244 and pass the bill as recommended by the Conference Committee.
With the consent of the House, the House deferred further consideration of Engrossed Substitute Senate Bill No. 6244.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
MESSAGE FROM THE SENATE
March 11, 1994
Mr. Speaker:
The Senate has passed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2699,
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
March 11, 1994
Mr. Speaker:
The Senate has adopted:
SENATE CONCURRENT RESOLUTION NO. 8431,
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2319,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2699,
HOUSE CONCURRENT RESOLUTION NO. 4438,
SENATE CONCURRENT RESOLUTION NO. 8432,
SENATE CONCURRENT RESOLUTION NO. 8433,
There being no objection, the House advanced to the eleventh order of business.
MOTION
On motion of Representative Peery, the House adjourned until 10:00 a.m., Monday, March 14, 1994.
BRIAN EBERSOLE, Speaker
MARILYN SHOWALTER, Chief Clerk