BP BHEAD INT H

AN ACT Relating to funds provided for the benefit of counties and cities planning under the growth management act; and amending 1995 2nd sp.s. c 18 s 126 (uncodified).

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

Sec. 1. 1995 2nd sp.s. c 18 s 126 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND

ECONOMIC DEVELOPMENT

General FundCState Appropriation (FY 1996)....................... $ 48,627,000

General FundCState Appropriation (FY 1997).................. $ ((~~47,328,000~~))

87,328,000

General FundCFederal Appropriation............................... $ 147,991,000

General FundCPrivate/Local Appropriation......................... $ 1,676,000

Public Safety and Education Account

Appropriation................................................ $ 8,764,000

Waste Reduction, Recycling, and Litter Control

Account Appropriation........................................ $ 2,006,000

Washington Marketplace Program Account

Appropriation................................................ $ 150,000

Public Works Assistance Account

Appropriation................................................ $ 1,068,000

Building Code Council Account

Appropriation................................................ $ 1,289,000

Administrative Contingency Account

Appropriation................................................ $ 1,776,000

Low-Income Weatherization Assistance Account

Appropriation................................................ $ 923,000

Violence Reduction and Drug Enforcement Account

Appropriation................................................ $ 6,027,000

Manufactured Home Installation Training Account

Appropriation................................................ $ 150,000

Washington Housing Trust Account

Appropriation................................................ $ 4,686,000

Public Facility Construction Revolving Account

Appropriation................................................ $ 238,000

Solid Waste Management Account Appropriation..................... $ 700,000

Growth Management Planning and Environmental

Review Fund Appropriation.................................... $ 3,000,000

TOTAL APPROPRIATION........................... $ ((~~276,399,000~~))

316,399,000

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

(1) $6,065,000 of the general fundCstate appropriation is provided solely for a contract with the Washington technology center. For work essential to the mission of the Washington technology center and conducted in partnership with universities, the center shall not pay any increased indirect rate nor increases in other indirect charges above the absolute amount paid during the 1993-95 biennium.

(2) $538,000 of the general fundCstate appropriation is provided solely to implement Substitute House Bill No. 1724 (growth management).

(3) In order to offset reductions in federal community services block grant funding for community action agencies, the department shall set aside $4,800,000 of federal community development block grant funds for distribution to local governments to allocate to community action agencies state-wide.

(4) $8,915,000 of the general fundCfederal appropriation is provided solely for the drug control and system improvement formula grant program, to be distributed in state fiscal year 1996 as follows:

(a) $3,603,250 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;

(d) $93,000 to the department 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 to continue the youth violence prevention and intervention projects;

(f) $240,000 to the department for grants to support tribal law enforcement needs;

(g) $495,000 is provided to the Washington state patrol for a state-wide integrated narcotics system;

(h) $538,000 to the department for grant administration and program evaluation, monitoring, and reporting, pursuant to federal requirements;

(i) $51,000 to the Washington state patrol for data collection;

(j) $445,750 to the office of financial management for the criminal history records improvement program;

(k) $42,000 to the department to support local services to victims of domestic violence;

(l) $300,000 to the department of community, trade, and economic development for domestic violence legal advocacy;

(m) $300,000 to the department of community, trade, and economic development for grants to provide a defender training program; and

(n) $673,000 to the department of corrections for the expansion of correctional industries projects that place inmates in a realistic working and training environment.

(5) $3,960,000 of the public safety and education account appropriation is provided solely for the office of crime victims' advocacy.

(6) $216,000 of the general fundCstate appropriation is provided solely to implement Engrossed Substitute House Bill No. 1010 (regulatory reform). If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.

(7) $200,000 of the general fundCstate appropriation is provided solely as a grant for the community connections program in Walla Walla county.

(8) $30,000 of the Washington housing trust account appropriation is provided solely for the department to conduct an assessment of the per square foot cost associated with constructing or rehabilitating buildings financed by the housing trust fund for low-income housing. The department may contract with specially trained teams to conduct this assessment. The department shall report to the legislature by December 31, 1995. The report shall include:

(a) The per square foot cost of each type of housing unit financed by the housing trust fund;

(b) An assessment of the factors that affect the per square foot cost;

(d) Guidelines for housing costs per person assisted; and

(e) Other relevant information.

(9) $350,000 of the general fundCstate appropriation is provided solely for the retired senior volunteer program.

(10) $300,000 of the general fundCstate appropriation is provided solely to implement House Bill No. 1687 (court-appointed special advocates). If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.

(11) $50,000 of the general fundCstate appropriation is provided solely for the purpose of a feasibility study of the infrastructure, logistical, and informational needs for the region involving Washington, Oregon, and British Columbia to host the summer Olympic Games in the year 2004 or 2008. The feasibility study shall be conducted using the services of a nonprofit corporation currently pursuing and having shown progress toward this purpose. The amount provided in this subsection may be expended only to the extent that it is matched on a dollar-for-dollar basis by funds for the same purpose from nonstate sources.

(12) $100,000 of the general fundCstate appropriation is provided solely as a grant to a nonprofit organization for costs associated with development of the Columbia Breaks Fire Interpretive Center.

(13) $40,000,000 of the general fundCstate appropriation for fiscal year 1997 that is added by chapter ..., Laws of 1996 (this act) is provided for the following purposes:

(a) $15,000,000 is provided solely for grants to counties and cities for costs incurred in meeting the requirements of chapter 36.70A RCW and RCW 36.70B.050;

(b) $1,000,000 is provided solely for technical assistance to counties and cities planning under RCW 36.70A.040, including the development of model ordinances for innovative land use techniques; and

(c) $24,000,000 is provided solely to provide geographic information system computer hardware and software, and related staff training, for counties planning under RCW 36.70A.040 that will enable the creation of data on each parcel of property in the county, including its assessed valuation, the applicable land use regulations, structures, and improvements on the parcel, the existence of wetlands, whether the parcel is included in a critical area, and other relevant information. The system for a county shall include a terminal in the planning department and/or building department of the county, and each city in the county, and in the county assessor's office, and provide access to the data by appropriate state agencies.

(14) $100,000 of the general fundCstate appropriation is provided solely for the Pierce county long-term care ombudsman program.

(15) $60,000 of the general fundCstate appropriation is provided solely for the Pacific Northwest economic region.

(16) $500,000 of the general fundCstate appropriation is provided solely for distribution to the city of Burien for analysis of the proposed Port of Seattle third runway including preparation of a draft environmental impact statement and other technical studies. The amount provided in this subsection shall not be expended directly or indirectly for litigation, public relations, or any form of consulting services for the purposes of opposing the construction of the proposed third runway.

(17) Not more than $458,000 of the general fundCstate appropriation may be expended for the operation of the Pacific northwest export assistance project. The department will continue to implement a plan for assessing fees for services provided by the project. 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 and seventy-five percent of the expenditures in fiscal year 1997. Beginning in fiscal year 1998, the legislature intends that this program will be fully self-supporting.

(18) $4,804,000 of the public safety and education account appropriation is provided solely for contracts with qualified legal aid programs for civil indigent legal representation pursuant to RCW 43.08.260. It is the intent of the legislature to ensure that legal aid programs receiving funds appropriated in this act pursuant to RCW 43.08.260 comply with all applicable restrictions on use of these funds. To this end, during the 1995-97 fiscal biennium the department shall monitor compliance with the authorizing legislation, shall oversee the implementation of this subsection, and shall report directly to the appropriations committee of the house of representatives and the ways and means committee of the senate.

(a) It is the intent of the legislature to improve communications between legal aid programs and persons affected by the activities of legal aid programs. There is established for the 1995-97 fiscal biennium a task force on agricultural interests/legal aid relations. The task force shall promote better understanding and cooperation between agricultural interests and legal aid programs and shall provide a forum for discussion of issues of common concern. The task force shall not involve itself in pending litigation.

(i) The task force shall consist of the following sixteen members: Four representatives of agricultural organizations, to be appointed by the legislator members; two individuals who represent the corresponding interests of legal clients, to be appointed by organizations designated by the three legal services programs; two representatives of Evergreen Legal Services, to be appointed by its board of directors; one representative each from Puget Sound Legal Assistance Foundation and Spokane Legal Services Center, each to be appointed by its directors; one member from each of the majority and minority caucuses of the house of representatives, to be appointed by the speaker of the house of representatives; one member from each of the majority and minority caucuses of the senate, to be appointed by the president of the senate; and two members of the supreme court-appointed access to justice board, to be appointed by the board. During fiscal year 1996, the task force shall be chaired by a legislative member, to be selected by the task force members. During fiscal year 1997, the committee shall be chaired by a nonlegislator member, to be selected by the task force members.

(ii) All costs associated with the meetings shall be borne by the individual task force members or by the organizations that the individuals represent. No task force member shall be eligible for reimbursement of expenses under RCW 43.03.050 or 43.03.060. Nothing in this subsection prevents the legal aid programs from using funds appropriated in this act to reimburse their representatives or the individuals representing legal clients.

(iii) The task force will meet at least four times during the first year of the biennium and as frequently as necessary thereafter at mutually agreed upon times and locations. Any member of the task force may place items on meeting agendas. Members present at the first two task force meetings shall agree upon a format for subsequent meetings.

(b) The legislature recognizes that farmworkers have the right to receive basic information and to consult with attorneys at farm labor camps without fear of intimidation or retaliation. It is the intent of the legislature and in the interest of the public to ensure the safety of all persons affected by legal aid programs' farm labor camp outreach activities. Legal aid program employees have the legal right to enter the common areas of a labor camp or to request permission of employees to enter their dwellings. Employees living in grower supplied housing have the right to refuse entry to anyone including attorneys unless they have a warrant. Individual employees living in employer supplied housing do not have the right to force legal aid program employees to leave common areas of housing (outside) as long as one person who resides in the associated dwellings wants that person to be there. Any legal aid program employee wishing to visit employees housed on grower property has the right to enter the driveway commonly used by the housing occupants. This means that if agricultural employees must use a grower's personal driveway to get to their housing, legal aid program employees also may use that driveway to access the housing without a warrant so long as at least some of the housing is occupied. When conducting outreach activities that involve entry onto labor camps, legal aid programs shall establish and abide by policies regarding conduct of outreach activities. The policies shall include a requirement that legal aid program employees identify themselves to persons whom they encounter at farm labor camps. The legal aid programs shall provide copies of their current outreach policies to known agricultural organizations and shall provide copies upon request to any owner of property on which farmworkers are housed. Legal aid program employees involved in outreach activities shall attempt to inform operators of licensed farm labor camps or their agents, and known grower organizations of the approximate time frame for outreach activities and shall cooperate with operators of farm labor camps at which farmworkers are housed in assuring compliance with all pertinent laws and ordinances, including those related to trespass and harassment. Employers who believe that Evergreen Legal Services Outreach Guidelines have been violated shall promptly provide all available information on the alleged violation to the director of Evergreen Legal Services and to the chair of the Task Force on Agricultural Interests/Legal Aid Relations. Evergreen Legal Services will promptly investigate any alleged violations of the outreach guidelines and inform the complaining party of the result. If the resolution of the investigation is not satisfactory to the complainant, the matter shall be placed on the Task Force agenda for discussion at the next scheduled meeting. Employers who believe that Evergreen Legal Services staff members have trespassed should immediately contact local law enforcement authorities.

(c) It is the intent of the legislature to provide the greatest amount of legal services to the largest number of clients by discouraging inefficient use of state funding for indigent legal representation. To this end, it is the intent of the legislature that, prior to the commencement of litigation against any private employer relating to the terms and conditions of employment legal aid programs receiving funds appropriated in this act make good faith written demand for the requested relief, a good faith offer of settlement or an offer to submit to nonbinding arbitration prior to filing a lawsuit, unless the making of the offer is, in the opinion of the director of the legal services program or his/her designee, clearly prejudicial to: (i) The health, safety, or security of the client; or (ii) the timely availability of judicial relief. The director of the legal aid program may designate not more than two persons for purposes of making the determination of prejudice permitted by this section.

(d)(i) The legislature encourages legal aid programs to devote their state and nonstate funding to the basic, daily legal needs of indigent persons. No funds appropriated under this act may be used for legal representation and activities outside the scope of RCW 43.08.260.

(ii) No funds appropriated in this act may be used for lobbying as defined in RCW 43.08.260(3). Legal aid programs receiving funds appropriated in this act shall comply with all restrictions on lobbying contained in Federal Legal Services Corporation Act (P.L. 99-951) and regulations promulgated thereunder.

(e) No funds appropriated in this act may be used by legal aid programs for representation of undocumented aliens.

(f) The legislature recognizes the duty of legal aid programs to preserve inviolate and prevent the disclosure of, in the absence of knowing and voluntary client consent, client information protected by the United States Constitution, the Washington Constitution, the attorney-client privilege, or any applicable attorney rule of professional conduct. However, to the extent permitted by applicable law, legal aid programs receiving funds appropriated in this act shall, upon request, provide information on their activities to the department and to legislators for purposes of monitoring compliance with authorizing legislation and this subsection.

(g) Nothing in this subsection is intended to limit the authority of existing entities, including but not limited to the Washington state bar association, the public disclosure commission, and the Federal Legal Services Corporation, to resolve complaints or disputes within their jurisdiction.