CERTIFICATION OF ENROLLMENT

 

              ENGROSSED SUBSTITUTE HOUSE BILL 1410

 

 

                               

 

                    Chapter 18, Laws of 1995

 

                         (partial veto)

 

                        54th Legislature

                    1995 2nd Special Session

 

 

 

                  OPERATING BUDGET, 1995-1997

 

 

EFFECTIVE DATE:  7/1/95 - Except Section 807 which becomes effective 6/16/95

Passed by the House May 24, 1995

  Yeas 54   Nays 42

 

CLYDE BALLARD

 

Speaker of the

      House of Representatives

 

Passed by the Senate May 24, 1995

  Yeas 36   Nays 11

             CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1410 as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

JOEL PRITCHARD

 

President of the Senate

TIMOTHY A. MARTIN

 

                          Chief Clerk

 

 

Approved 6/16/95 with the exception of sections 126(13); 139(4); 146 (lines 11-21); 201(3); 205(5)(d); 205 (5)(e); 206(2); 206(3); 207(1)(c); 207(2)(c)(i); 207(2)(c)(iii); 219(5); 219(6); 303(2); 303(10); 308; 309(3); 311 (beginning with the word "subject" on line 20, and ending with the word "section" on line 28); 914; 916; 917; and 925, which are vetoed. Place Style On Codes above, and Style Off Codes below.

                                FILED          

 

           June 16, 1995 - 11:20 a.m.

 

 

 

    MIKE LOWRY

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

               ENGROSSED SUBSTITUTE HOUSE BILL 1410

          _______________________________________________

 

                     AS AMENDED BY THE SENATE

 

           Passed Legislature - 1995 2nd Special Session

 

State of Washington      54th Legislature     1995 Regular Session

 

By House Committee on Appropriations (originally sponsored by Representatives Silver and Sommers; by request of Office of Financial Management)

 

Read first time 03/24/95.

 

 

 

Making appropriations for the 1995-97 biennium.


 

 

 

 

 


    AN ACT Relating to fiscal matters; making appropriations and authorizing expenditures for the operations of state agencies for the fiscal biennium beginning July 1, 1995, and ending June 30, 1997; amending RCW 19.118.110, 43.08.250, 70.47.030, 70.105D.070, 86.26.007, 43.155.050, 69.50.520, 70.146.020, 70.146.030, 74.14C.065, and 79.24.580; reenacting and amending RCW 41.06.150; creating new sections; providing an effective date; and declaring an emergency.

 

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

 

    NEW SECTION.  Sec. 1.  (1) A budget is hereby adopted and, subject to the provisions set forth in the following sections, the several amounts specified in the following sections, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for salaries, wages, and other expenses of the agencies and offices of the state and for other specified purposes for the fiscal biennium beginning July 1, 1995, and ending June 30, 1997, except as otherwise provided, out of the several funds of the state hereinafter named.

    (2) Unless the context clearly requires otherwise, the definitions in this section apply throughout this act.

    (a) "Fiscal year 1996" or "FY 1996" means the fiscal year ending June 30, 1996.

    (b) "Fiscal year 1997" or "FY 1997" means the fiscal year ending June 30, 1997.

    (c) "FTE" means full time equivalent.

    (d) "Lapse" or "revert" means the amount shall return to an unappropriated status.

    (e) "Provided solely" means the specified amount may be spent only for the specified purpose.  Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose which is unnecessary to fulfill the specified purpose shall lapse.

 

                              PART I

                        GENERAL GOVERNMENT

 

    NEW SECTION.  Sec. 101.  FOR THE HOUSE OF REPRESENTATIVES

General Fund Appropriation (FY 1996)........... $       23,862,000

General Fund Appropriation (FY 1997)........... $       23,685,000

               TOTAL APPROPRIATION............. $       47,547,000

 

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

    (1) $125,000 of the appropriation in this section is for the joint legislative ethics board.

    (2) The legislature shall establish a medical assistance fiscal study group to analyze health care costs and utilization to seek solutions to the rapid increases in medical assistance expenditures.

    (3) The legislature shall study the process and information used to determine eligibility for the general assistance-unemployable program administered by the department of social and health services economic services administration.  The legislature shall:  (a) Seek assistance from medical professionals with experience in assessing physical and mental disabilities; (b) explore options to provide designated training or support services for general assistance-unemployable recipients to enable them to become employable; and (c) propose program changes to meet the funding levels provided in the 1995-97 biennial budget.  Findings and proposed program changes shall be reported to the fiscal committees of the legislature no later than December 20, 1995.

    (4)(a) The respective fiscal committees of the house of representatives and the senate shall evaluate the fiscal notes used by the legislature to inform it of the costs and savings estimated to result from proposed legislation.  The evaluation shall identify:  (i) Whether the process for developing fiscal notes has adequate controls to ensure that the data and methodologies used are current and reliable, and (ii) how the accuracy, reliability and timeliness of fiscal notes can be improved.

    (b) The study shall include:  (i) A review of fiscal notes on legislation pertaining to a variety of state programs; (ii) a survey of fiscal note requirements, systems, and agencies in other states; (iii) an analysis of methods used in the public and private sectors that could be used to improve the reliability and accuracy and timeliness of fiscal notes; (iv) identification of statutes, policies, and rules that should be changed to improve the reliability and accuracy of fiscal notes; (v) recommendations on when fiscal notes should be required; (vi) recommendations on the appropriate assignment of responsibility for the development of fiscal notes; and (vii) recommendations on how the process for developing fiscal notes can be changed to reduce the time it takes to produce a reliable and accurate fiscal note.

    (5) Within the funds provided in this section, the legislature shall review and identify state programs or services that may be competitively contracted to produce cost savings or improvements in the quality or level of services without harm to the public good.  The review will include an evaluation of results obtained in other states that have competitively contracted for these and other programs or services.  The review may include specific information regarding the feasibility of privatizing the construction and operation of correctional institutions and juvenile rehabilitation facilities.  A preliminary report shall be completed by January 1, 1996, and a final report by January 1, 1997.

 

    NEW SECTION.  Sec. 102.  FOR THE SENATE

General Fund Appropriation (FY 1996)........... $       17,397,000

General Fund Appropriation (FY 1997)........... $       19,198,000

               TOTAL APPROPRIATION............. $       36,595,000

 

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

    (1) $125,000 of the appropriation in this section is for the joint legislative ethics board.

    (2) The legislature shall establish a medical assistance fiscal study group to analyze health care costs and utilization to seek solutions to the rapid increases in medical assistance expenditures.

    (3) The legislature shall study the process and information used to determine eligibility for the general assistance-unemployable program administered by the department of social and health services economic services administration.  The legislature shall:  (a) Seek assistance from medical professionals with experience in assessing physical and mental disabilities; (b) explore options to provide designated training or support services for general assistance-unemployable recipients to enable them to become employable; and (c) propose program changes to meet the funding levels provided in the 1995-97 biennial budget.  Findings and proposed program changes shall be reported to the fiscal committees of the legislature no later than December 20, 1995.

    (4)(a) The respective fiscal committees of the house of representatives and the senate shall evaluate the fiscal notes used by the legislature to inform it of the costs and savings estimated to result from proposed legislation.  The evaluation shall identify:  (i) Whether the process for developing fiscal notes has adequate controls to ensure that the data and methodologies used are current and reliable, and (ii) how the accuracy, reliability and timeliness of fiscal notes can be improved.

    (b) The study shall include:  (i) A review of fiscal notes on legislation pertaining to a variety of state programs; (ii) a survey of fiscal note requirements, systems, and agencies in other states; (iii) an analysis of methods used in the public and private sectors that could be used to improve the reliability and accuracy and timeliness of fiscal notes; (iv) identification of statutes, policies, and rules that should be changed to improve the reliability and accuracy of fiscal notes; (v) recommendations on when fiscal notes should be required; (vi) recommendations on the appropriate assignment of responsibility for the development of fiscal notes; and (vii) recommendations on how the process for developing fiscal notes can be changed to reduce the time it takes to produce a reliable and accurate fiscal note.

    (5) Within the funds provided in this section, the legislature shall review and identify state programs or services that may be competitively contracted to produce cost savings or improvements in the quality or level of services without harm to the public good.  The review will include an evaluation of results obtained in other states that have competitively contracted for these and other programs or services.  The review may include specific information regarding the feasibility of privatizing the construction and operation of correctional institutions and juvenile rehabilitation facilities.  A preliminary report shall be completed by January 1, 1996, and a final report by January 1, 1997.

 

    NEW SECTION.  Sec. 103.  FOR THE LEGISLATIVE BUDGET COMMITTEE

General Fund Appropriation (FY 1996)........... $        1,557,000

General Fund Appropriation (FY 1997)........... $        1,268,000

           TOTAL APPROPRIATION................. $        2,825,000

 

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

    (1) $288,000 is provided solely for the legislative budget committee to conduct a performance audit of the office of the superintendent of public instruction and report its finding to the appropriate committees of the legislature by December 31, 1995.  In addition to the standard items reviewed in a performance audit, the committee is directed to provide the following:  (a) A determination of methods to maximize the amount of federal funds received by the state; (b) the identification of potential cost savings from any office programs which could be eliminated or transferred to the private sector; (c) an analysis of gaps and overlaps in office programs; and (d) an evaluation of the efficiency with which the office of the superintendent of public instruction operates the programs under its jurisdiction and fulfills the duties assigned to it by law.  In conducting the performance audit, the legislative budget committee is also directed to use performance measures or standards used by other states or other large education organizations in developing its findings.

    (2) The general fund appropriation contains sufficient funds for the legislative budget committee to perform the study required in Second Substitute Senate Bill No. 5574 regarding the transfer of forest board lands to the counties.

 

    NEW SECTION.  Sec. 104.  FOR THE PERFORMANCE PARTNERSHIP COUNCIL

General Fund Appropriation (FY 1996)........... $          250,000

 

    NEW SECTION.  Sec. 105.  FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE

General Fund Appropriation (FY 1996)........... $        1,162,000

General Fund Appropriation (FY 1997)........... $        1,162,000

               TOTAL APPROPRIATION............. $        2,324,000

 

    NEW SECTION.  Sec. 106.  FOR THE OFFICE OF THE STATE ACTUARY

Department of Retirement Systems Expense Account

    Appropriation.............................. $        1,573,000

 

    NEW SECTION.  Sec. 107.  FOR THE JOINT LEGISLATIVE SYSTEMS COMMITTEE

General Fund Appropriation (FY 1996)........... $        4,450,000

General Fund Appropriation (FY 1997)........... $        4,450,000

               TOTAL APPROPRIATION............. $        8,900,000

 

    The appropriations in this section are subject to the following conditions and limitations:  The appropriations shall be transferred to the legislative systems revolving fund.

 

    NEW SECTION.  Sec. 108.  FOR THE STATUTE LAW COMMITTEE

General Fund Appropriation (FY 1996)........... $        3,076,000

General Fund Appropriation (FY 1997)........... $        3,356,000

               TOTAL APPROPRIATION............. $        6,432,000

 

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

    (1) $55,000 is provided solely for the uniform legislation commission.

    (2) $40,000 is provided for the compilation and publication of a quarterly report on agency rule-making activity pursuant to section 704 of Engrossed Substitute House Bill No. 1010 (regulatory reform).

 

    NEW SECTION.  Sec. 109.  LEGISLATIVE AGENCIES.  In order to implement cost reduction measures required by this act and to achieve operating efficiencies within the financial resources available to the legislative branch, the executive rules committee of the house of representatives and the facilities and operations committee of the senate by joint action may transfer funds among the house of representatives, senate, legislative budget committee, legislative evaluation and accountability program committee, legislative transportation committee, office of the state actuary, joint legislative systems committee, and statute law committee.

 

    NEW SECTION.  Sec. 110.  FOR THE SUPREME COURT

General Fund Appropriation (FY 1996)........... $        4,419,000

General Fund Appropriation (FY 1997)........... $        4,456,000

           TOTAL APPROPRIATION................. $        8,875,000

 

    NEW SECTION.  Sec. 111.  FOR THE LAW LIBRARY

General Fund Appropriation (FY 1996)........... $        1,607,000

General Fund Appropriation (FY 1997)........... $        1,608,000

           TOTAL APPROPRIATION................. $        3,215,000

 

 

    NEW SECTION.  Sec. 112.  FOR THE COURT OF APPEALS

General Fund Appropriation (FY 1996)........... $        8,834,000

General Fund Appropriation (FY 1997)........... $        8,834,000

           TOTAL APPROPRIATION................. $       17,668,000

 

    NEW SECTION.  Sec. 113.  FOR THE COMMISSION ON JUDICIAL CONDUCT

General Fund Appropriation (FY 1996)........... $          595,000

General Fund Appropriation (FY 1997)........... $          606,000

           TOTAL APPROPRIATION................. $        1,201,000

 

 

    NEW SECTION.  Sec. 114.  FOR THE ADMINISTRATOR FOR THE COURTS

General Fund Appropriation (FY 1996)........... $       11,658,000

General Fund Appropriation (FY 1997)........... $       11,728,000

Public Safety and Education Account

    Appropriation.............................. $       41,403,000

Judicial Information Systems Account

    Appropriation.............................. $        6,446,000

           TOTAL APPROPRIATION................. $       71,235,000

 

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

    (1) Funding provided in the judicial information systems account shall be used to fund computer systems for the supreme court, the court of appeals, and the office of the administrator for the courts.  Expanding services to the courts, technology improvements, and criminal justice proposals shall receive priority consideration for the use of these funds.

    (2) $63,000 of the general fund appropriation is provided solely to implement Second Substitute Senate Bill No. 5235 (judgeship for Clark county).  If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.

    (3) $6,510,000 of the public safety 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) $9,326,000 of the public safety and education account is provided solely for the indigent appeals program.

    (5) $26,000 of the public safety and education account and $110,000 of the judicial information systems account are  to implement Engrossed Substitute Senate Bill No. 5219 (domestic violence).  If the bill is not enacted by June 30, 1995, the amounts provided in this subsection shall lapse.

    (6) $138,000 of the public safety and education account is provided solely for Thurston county impact costs.

    (7) $223,000 of the public safety and education account is provided solely for the gender and justice commission.

    (8) $308,000 of the public safety and education account appropriation is provided solely for the minority and justice commission.

    (9) No moneys appropriated in this section may be expended by the administrator for the courts for payments in excess of fifty percent of the employer contribution on behalf of superior court judges for insurance and health care plans and federal social security and medicare and medical aid benefits.  Consistent with Article IV, section 13 of the state Constitution, it is the intent of the legislature that the cost of these employer contributions shall be shared equally between the state and the county or counties in which the judges serve.  The administrator for the courts shall establish procedures for the collection and disbursement of these employer contributions.

 

    NEW SECTION.  Sec. 115.  FOR THE OFFICE OF THE GOVERNOR

General Fund Appropriation (FY 1996)........... $        2,899,000

General Fund Appropriation (FY 1997)........... $        2,898,000

           TOTAL APPROPRIATION ................. $        5,797,000

 

    NEW SECTION.  Sec. 116.  FOR THE LIEUTENANT GOVERNOR

General Fund Appropriation (FY 1996)........... $          242,000

General Fund Appropriation (FY 1997)........... $          243,000

           TOTAL APPROPRIATION................. $          485,000

 

    NEW SECTION.  Sec. 117.  FOR THE PUBLIC DISCLOSURE COMMISSION

General Fund Appropriation (FY 1996)........... $        1,107,000

General Fund Appropriation (FY 1997)........... $        1,045,000

Industrial Insurance Premium Refund Account

    Appropriation.............................. $              725

           TOTAL APPROPRIATION................. $        2,152,725

 

    NEW SECTION.  Sec. 118.  FOR THE SECRETARY OF STATE

General Fund Appropriation (FY 1996)........... $        9,175,000

General Fund Appropriation (FY 1997)........... $        5,924,000

Archives and Records Management Account

    Appropriation.............................. $        4,330,000

Department of Personnel Service Account

    Appropriation.............................. $          647,000

           TOTAL APPROPRIATION................. $       20,076,000

 

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

    (1) $3,859,975 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) $5,183,762 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) $140,000 of the general fund appropriation is provided solely for the state's participation in the United States census block boundary suggestion program.

    (4) The general fund appropriation for fiscal year 1996 shall be reduced by $726,000 if Engrossed Senate Bill No. 5852 (presidential preference primary) is enacted by March 15, 1996.

    (5) $10,000 is provided solely for the purposes of Substitute House Bill No. 1497 (preservation of electronic public records),

 

    NEW SECTION.  Sec. 119.  FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS

General Fund Appropriation (FY 1996)........... $          151,000

General Fund Appropriation (FY 1997)........... $          152,000

           TOTAL APPROPRIATION................. $          303,000

 

    NEW SECTION.  Sec. 120.  FOR THE COMMISSION ON ASIAN-AMERICAN AFFAIRS

General Fund Appropriation (FY 1996)........... $          173,000

General Fund Appropriation (FY 1997)........... $          173,000

           TOTAL APPROPRIATION................. $          346,000

 

    NEW SECTION.  Sec. 121.  FOR THE STATE TREASURER

State Treasurer's Service Account

    Appropriation............ ................. $       10,454,000

 

    NEW SECTION.  Sec. 122.  FOR THE STATE AUDITOR

General Fund Appropriation (FY 1996)........... $           12,000

General Fund Appropriation (FY 1997)........... $           10,000

Municipal Revolving Account

    Appropriation...................... ........ $       24,886,000

Auditing Services Revolving Account

    Appropriation.............................. $       11,814,000

           TOTAL APPROPRIATION................. $       36,722,000

 

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

    (1) Audits of school districts by the division of municipal corporations shall include findings regarding the accuracy of:  (a) Student enrollment data; and (b) the experience and education of the district's certified instructional staff, as reported to the superintendent of public instruction for allocation of state funding.

    (2) The state auditor, in consultation with the legislative budget committee, shall conduct a performance audit of the state investment board.  In conducting the audit, the state auditor shall:  (a) Establish and publish a schedule of the performance audit and shall solicit public comments relative to the operations of the state investment board at least three months prior to conducting the scheduled performance audit; (b) under the provisions of chapter 39.29 RCW, obtain and utilize a private firm to conduct the audit.  The firm selected shall utilize professional staff possessing the education, training, and practical experience in auditing private and governmental entities responsible for the investment of funds necessary to capably conduct the audit required by this subsection.  The firm selected for the audit shall determine the extent to which the state investment board is operating consistently with the performance audit measures developed by the state auditor, acting together with the board, the legislative budget committee, the office of financial management, the state treasurer, and other state agencies, as appropriate.  The audit measures shall incorporate appropriate institutional investment industry criteria for measuring management practices and operations.  The firm shall recommend in its report any actions deemed appropriate that the board can take to operate more consistently with such measures.  The cost of the performance audit conducted shall be paid by the board from nonappropriated investment earnings.

 

    NEW SECTION.  Sec. 123.  FOR THE CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS

General Fund Appropriation (FY 1996)........... $            6,000

General Fund Appropriation (FY 1997)........... $           59,000

           TOTAL APPROPRIATION................. $           65,000

 

    NEW SECTION.  Sec. 124.  FOR THE ATTORNEY GENERAL

General Fund‑-State Appropriation (FY 1996).... $        3,228,000

General Fund‑-State Appropriation (FY 1997).... $        3,225,000

General Fund‑-Federal Appropriation.............                 $.................................. 1,624,000

Public Safety and Education Account

    Appropriation.............................. $        1,250,000

State Investment Board Expense Account

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

New Motor Vehicle Arbitration Account

    Appropriation.............................. $        1,782,000

Legal Services Revolving Account

    Appropriation.............................. $      113,972,000

Health Services Account Appropriation.......... $          300,000

           TOTAL APPROPRIATION................. $      129,381,000

 

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

    (1) The attorney general shall report each fiscal year on actual legal services expenditures and actual attorney staffing levels for each agency receiving legal services.  The report shall be submitted to the office of financial management and the fiscal committees of the senate and house of representatives no later than ninety days after the end of each fiscal year.

    (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) 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.  The attorney general may, with approval of the office of financial management change its billing system to meet the needs of its user agencies.

    (3) $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.

 

    NEW SECTION.  Sec. 125.  FOR THE DEPARTMENT OF FINANCIAL INSTITUTIONS

Securities Regulation Account

    Appropriation.............................. $        4,515,000The text noted in bold italic indicates a partial veto to this section by

the Governor.

 

    *NEW SECTION.  Sec. 126.  FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT

General Fund‑-State Appropriation (FY 1996).... $       48,627,000

General Fund‑-State Appropriation (FY 1997).... $       47,328,000

General Fund‑-Federal Appropriation.............                 $....................... 147,991,000

General Fund‑-Private/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

 

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

    (1) $6,065,000 of the general fund‑-state 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 fund‑-state 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 fund‑-federal 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;

    (c) $456,000 to the department to continue the state-wide drug prosecution assistance program;

    (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 fund‑-state 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 fund‑-state 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;

    (c) Recommendations for reducing the per square foot cost, if possible;

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

    (e) Other relevant information.

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

    (10) $300,000 of the general fund‑-state 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 fund‑-state 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 fund‑-state appropriation is provided solely as a grant to a nonprofit organization for costs associated with development of the Columbia Breaks Fire Interpretive Center.

    (13) $150,000 of the general fund‑-state appropriation is provided solely for operation of the marketplace program and to provide state matching funds for a federal grant.

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

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

    (16) $500,000 of the general fund‑-state 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 fund‑-state 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.

*Sec. 126 was partially vetoed.  See message at end of chapter.

 

    NEW SECTION.  Sec. 127.  FOR THE ECONOMIC AND REVENUE FORECAST COUNCIL

General Fund Appropriation (FY 1996)........... $          410,000

General Fund Appropriation (FY 1997)........... $          410,000

           TOTAL APPROPRIATION................. $          820,000

 

    NEW SECTION.  Sec. 128.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

General Fund‑-State Appropriation (FY 1996).... $        9,482,000

General Fund‑-State Appropriation (FY 1997).... $        9,138,000

General Fund‑-Federal Appropriation.............                 $.................................. 12,432,000

General Fund‑-Private/Local Appropriation...... $          720,000

Health Services Account Appropriation.......... $          330,000

Public Safety and Education Account

    Appropriation.............................. $          200,000

           TOTAL APPROPRIATION................. $       32,302,000

 

    The appropriations in this subsection are subject to the following conditions and limitations:  $300,000 of the general fund‑-state appropriation is provided solely as the state's share of funding for the "Americorps" youth employment program.

 

    NEW SECTION.  Sec. 129.  FOR THE OFFICE OF ADMINISTRATIVE HEARINGS

Administrative Hearings Revolving Account

    Appropriation.............................. $       14,487,000

 

    NEW SECTION.  Sec. 130.  FOR THE DEPARTMENT OF PERSONNEL

General Fund‑-State Appropriation (FY 1996).... $          360,000

General Fund‑-State Appropriation (FY 1997).... $          360,000

General Fund‑-Federal Appropriation.............                 $ 700,000

Personnel Data Revolving Account Appropriation. $          880,000

Department of Personnel Service Account

    Appropriation.............................. $       15,354,000

Higher Education Personnel Services Account

    Appropriation.............................. $        1,656,000

           TOTAL APPROPRIATION................. $       19,310,000

 

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

    (1) The department shall reduce its charge for personnel services to the lowest rate possible.

    (2) $32,000 of the department of personnel service fund appropriation is provided solely for the creation, printing, and distribution of the personal benefits statement for state employees.

    (3) The general fund‑-state appropriation, the general fund‑-federal appropriation, the personnel data revolving account appropriation, and $300,000 of the department of personnel service account appropriation shall be used solely for the establishment of a state-wide human resource information data system and network within the department of personnel and to improve personnel data integrity.  Authority to expend these amounts is conditioned on compliance with section 902 of this act.  The personnel data revolving account is hereby created in the state treasury to facilitate the transfer of moneys from dedicated funds and accounts.  To allocate the appropriation from the personnel data revolving account among the state's dedicated funds and accounts based on each fund or account's pro rata share of the state salary base, the state treasurer is directed to transfer sufficient money from each fund or account to the personnel data revolving account in accordance with schedules provided by the office of financial management.

    (4) The department of personnel shall charge all administrative services costs incurred by the committee for deferred compensation or the department of retirement systems for the deferred compensation program to the deferred compensation administrative account.  Department billings to the committee or the department of retirement systems shall be for actual costs only.

    (5) The department of personnel service fund appropriation contains sufficient funds to continue the employee exchange program with the Hyogo prefecture in Japan.

    (6) $500,000 of the department of personnel service account appropriation is provided solely for a career transition program to assist state employees who are separated or are at risk of lay-off due to reduction-in-force, including employee retraining and career counseling.

    (7) The department of personnel has the authority to charge agencies for expenses resulting from the administration of a benefits contribution plan established by the health care authority.  Fundings to cover these expenses shall be realized from agency FICA tax savings associated with the benefits contributions plan.

 

    NEW SECTION.  Sec. 131.  FOR THE COMMITTEE FOR DEFERRED COMPENSATION

Dependent Care Administrative Account

    Appropriation.............................. $          166,000

 

    NEW SECTION.  Sec. 132.  FOR THE WASHINGTON STATE LOTTERY

Lottery Administrative Account

    Appropriation.............................. $       18,813,000

 

    NEW SECTION.  Sec. 133.  FOR THE WASHINGTON STATE GAMBLING COMMISSION

Industrial Insurance Premium Refund Account

    Appropriation.............................. $           14,000

 

    NEW SECTION.  Sec. 134.  FOR THE COMMISSION ON HISPANIC AFFAIRS

General Fund Appropriation (FY 1996)........... $          195,000

General Fund Appropriation (FY 1997)........... $          195,000

           TOTAL APPROPRIATION................. $          390,000

 

    NEW SECTION.  Sec. 135.  FOR THE COMMISSION ON AFRICAN-AMERICAN AFFAIRS

General Fund Appropriation (FY 1996)........... $          148,000

General Fund Appropriation (FY 1997)........... $          146,000

           TOTAL APPROPRIATION................. $          294,000

 

    NEW SECTION.  Sec. 136.  FOR THE PERSONNEL APPEALS BOARD

Department of Personnel Service Account

    Appropriation.............................. $        1,593,000

 

    NEW SECTION.  Sec. 137.  FOR THE DEPARTMENT OF RETIREMENT SYSTEMS‑-OPERATIONS

Department of Retirement Systems Expense Account

    Appropriation.............................. $       30,152,000

Dependent Care Administrative Account

    Appropriation.............................. $          183,000

               TOTAL APPROPRIATION............. $       30,335,000

 

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

    (1) $857,000 of the department of retirement systems expense account appropriation 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.

    (2) $779,000 of the department of retirement systems expense account appropriation 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.

    (3) $1,900,000 of the department of retirement systems expense account appropriation and the entire dependent care administrative account appropriation are provided solely for the implementation of Substitute House Bill No. 1206 (restructuring retirement systems).  If the bill is not enacted by June 30, 1995, the amount provided in this subsection from the department of retirement systems expense account shall lapse, and the entire dependent care administrative account appropriation shall be transferred to the committee for deferred compensation.

 

    NEW SECTION.  Sec. 138.  FOR THE STATE INVESTMENT BOARD

State Investment Board Expense Account

    Appropriation.............................. $        8,068,000

 

    The appropriation in this section is subject to the following conditions and limitations:  The board shall conduct a feasibility study on the upgrade or replacement of the state-wide investment accounting system and report its findings to the fiscal committees of the legislature by January 1, 1996.The text noted in bold italic indicates a partial veto to this section by the Governor.

 

    *NEW SECTION.  Sec. 139.  FOR THE DEPARTMENT OF REVENUE

General Fund Appropriation (FY 1996)........... $       62,528,000

General Fund Appropriation (FY 1997)........... $       63,139,000

Timber Tax Distribution Account

    Appropriation.............................. $        4,585,000

Waste Reduction, Recycling, and Litter Control

    Account Appropriation...................... $           95,000

State Toxics Control Account

    Appropriation.............................. $           67,000

Solid Waste Management Account

    Appropriation.............................. $           88,000

Oil Spill Administration Account

    Appropriation.............................. $           14,000

Pollution Liability Insurance Program Trust Account

    Appropriation.............................. $          230,000

           TOTAL APPROPRIATION................. $      130,746,000

 

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

    (1) $4,197,000 of the general fund appropriation is provided solely for senior citizen property tax deferral distribution.  $103,000 of this amount is provided solely to reimburse counties for the expansion of the senior citizen property tax deferral program enacted by Substitute House Bill No. 1673.

    (2) $280,000 of the general fund appropriation is provided solely for implementation of 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.

    (3) The general fund appropriation contains sufficient funds for the department of revenue to collect use tax on advertising materials printed outside the state and mailed directly to Washington residents at the direction of an in-state business to promote sales of products or services, pursuant to RCW 82.12.010(5).

    (4) The general fund appropriation contains sufficient funds for the department of revenue to study the feasibility of rewriting Titles 82 and 84 RCW for clarity and ease of understanding, without making substantive changes in the law.  The department may study this issue by redrafting certain sections of the existing law and reviewing with legislators, interest groups, and affected parties whether or not such a project is feasible.  The department shall report the results of this study to the legislature in the 1996 legislative session.

*Sec. 139 was partially vetoed.  See message at end of chapter.

 

    NEW SECTION.  Sec. 140.  FOR THE BOARD OF TAX APPEALS

General Fund Appropriation (FY 1996)........... $          993,000

General Fund Appropriation (FY 1997)........... $          996,000

           TOTAL APPROPRIATION................. $        1,989,000

 

    NEW SECTION.  Sec. 141.  FOR THE MUNICIPAL RESEARCH COUNCIL

General Fund Appropriation (FY 1996)........... $        1,593,000

General Fund Appropriation (FY 1997)........... $        1,637,000

           TOTAL APPROPRIATION................. $        3,230,000

 

    NEW SECTION.  Sec. 142.  FOR THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES

OMWBE Enterprises Account

    Appropriation.............................. $        2,121,000

 

    NEW SECTION.  Sec. 143.  FOR THE DEPARTMENT OF GENERAL ADMINISTRATION

General Fund‑-State Appropriation (FY 1996).... $          284,000

General Fund‑-State Appropriation (FY 1997).... $          283,000

General Fund‑-Federal Appropriation.............                 $.................................. 1,304,000

General Fund‑-Private/Local Appropriation...... $          388,000

Motor Transport Account Appropriation.......... $       10,814,000

Industrial Insurance Premium Refund Account

    Appropriation.............................. $          140,000

Air Pollution Control Account

    Appropriation.............................. $          111,000

Department of General Administration Facilities

    and Services Revolving Account

    Appropriation.............................. $       21,271,000

Central Stores Revolving Account

    Appropriation.............................. $        3,056,000

Risk Management Account Appropriation.......... $        2,033,000

           TOTAL APPROPRIATION................. $       39,684,000

 

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

    (1) $1,776 of the industrial insurance premium refund account appropriation is provided solely for the Washington school directors association.

    (2) The cost of purchasing and material control operations may be recovered by the department through charging agencies utilizing these services.  The department must begin directly charging agencies utilizing the services on September 1, 1995.  Amounts charged may not exceed the cost of purchasing and contract administration.  Funds collected may not be used for purposes other than cost recovery and must be separately accounted for within the central stores revolving fund.

 

    NEW SECTION.  Sec. 144.  FOR THE DEPARTMENT OF INFORMATION SERVICES

Data Processing Revolving Account

    Appropriation.............................. $        3,847,000

 

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

    (1) 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.

    (2) $364,000 of the data processing revolving account appropriation is provided solely for maintenance and support of the WIN Network.  The department is authorized to recover the costs through billings to affected agencies.

 

    NEW SECTION.  Sec. 145.  FOR THE INSURANCE COMMISSIONER

General Fund‑-Federal Appropriation.............                 $ 104,000

Insurance Commissioner's Regulatory Account

    Appropriation.............................. $       20,126,000

           TOTAL APPROPRIATION................. $       20,230,000

 

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

    (1) The insurance commissioner shall obtain the approval of the department of information services for any feasibility plan for proposed technology improvements.

    (2) $895,000 of the insurance commissioner's regulatory account appropriation is provided solely for implementing 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.The text noted in bold italic indicates a partial veto to this section by the Governor.

 

    *NEW SECTION.  Sec. 146.  FOR THE BOARD OF ACCOUNTANCY

Certified Public Accountants' Account

    Appropriation.............................. $        1,293,000

 

    The appropriation in this section is subject to the following conditions and limitations:  $50,000 of the certified public accountants' account appropriation is provided solely to conduct a study in conjunction with the higher education coordinating board of the financial impact on public and private higher education institutions of any increase in the education requirements for CPA certification.  Such study shall include impacts on enrollment and access of other students to higher education.  No rule to increase education requirements may be implemented until such study has been completed and reported to the higher education and fiscal committees of both houses of the legislature.

*Sec. 146 was partially vetoed.  See message at end of chapter.

 

    NEW SECTION.  Sec. 147.  FOR THE DEATH INVESTIGATION COUNCIL

Death Investigations Account Appropriation..... $           12,000

 

    NEW SECTION.  Sec. 148.  FOR THE HORSE RACING COMMISSION

Horse Racing Commission Account Appropriation...                 $........................................... 4,733,000

 

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

    (1) None of this appropriation may be used for the purpose of certifying Washington-bred horses under RCW 67.16.075.

    (2) The commission shall conduct a complete examination of Playfair racecourse, identifying problems and offering possible solutions that are designed to resolve the continuing decline in parimutuel racing at that track.

 

    NEW SECTION.  Sec. 149.  FOR THE LIQUOR CONTROL BOARD

Liquor Revolving Account Appropriation......... $      113,461,000

 

    NEW SECTION.  Sec. 150.  FOR THE UTILITIES AND TRANSPORTATION COMMISSION

Public Service Revolving Account‑-State

    Appropriation.............................. $       25,802,000

Public Service Revolving Account‑-Federal

    Appropriation.............................. $          200,000

           TOTAL APPROPRIATION................. $       26,002,000

 

    NEW SECTION.  Sec. 151.  FOR THE BOARD FOR VOLUNTEER FIRE FIGHTERS

Volunteer Fire Fighters' Relief and Pension

    Administrative Account Appropriation........                 $ 442,000

 

    NEW SECTION.  Sec. 152.  FOR THE MILITARY DEPARTMENT

General Fund‑-State Appropriation (FY 1996)......... $   7,474,000

General Fund‑-State Appropriation (FY 1997)......... $   7,477,000

General Fund‑-Federal Appropriation..................            $.................................. 28,293,000

General Fund‑-Private/Local Appropriation........... $     237,000

Enhanced 911 Account Appropriation.................. $  18,541,000

Industrial Insurance Premium Refund Account

    Appropriation................................... $      34,000

           TOTAL APPROPRIATION...................... $  62,056,000

 

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

    (1) $205,238 of the total appropriation is provided solely to pay loan obligations on the energy partnership contract number 90-07-01.  This obligation includes unpaid installments from September 1993 through June 1997.  This amount may be reduced by any payments made in the 1993-95 Biennium on installments made in the 1993-95 Biennium on installments due between September 1993 and June 1995.

    (2) $70,000 of the general fund‑-state appropriation is provided solely for the north county emergency medical service.

 

    NEW SECTION.  Sec. 153.  FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

General Fund Appropriation (FY 1996)........... $        1,647,000

General Fund Appropriation (FY 1997)........... $        1,667,000

           TOTAL APPROPRIATION................. $        3,314,000

 

    NEW SECTION.  Sec. 154.  FOR THE GROWTH PLANNING HEARINGS BOARD

General Fund Appropriation (FY 1996)........... $        1,331,000

General Fund Appropriation (FY 1997)........... $        1,334,000

           TOTAL APPROPRIATION................. $        2,665,000

 

    NEW SECTION.  Sec. 155.  FOR THE STATE CONVENTION AND TRADE CENTER

State Convention and Trade Center Operations

    Account Appropriation...................... $       25,606,000

 

                           (End of part)


 

 

                              PART II

                          HUMAN SERVICESThe text noted in bold italic indicates a partial veto to this section by

the Governor.

 

    *NEW SECTION.  Sec. 201.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES.  (1) Appropriations made in this act to the department of social and health services shall initially be allotted as required by this act. Subsequent allotment modifications shall not include transfers of moneys between sections of this act except as expressly provided in this act, nor shall allotment modifications permit moneys that are provided solely for a specified purpose to be used for other than that purpose.

    (2) The department of social and health services shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law.  The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act.  If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation providing appropriation authority, and an equal amount of appropriated state general fund moneys shall lapse.  Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees.  As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.

    (3) The department of social and health services is prohibited from requiring special authorization for nonmedical reasons for prescription drugs and medications for medicaid-eligible recipients.

*Sec. 201 was partially vetoed.  See message at end of chapter.

 

    NEW SECTION.  Sec. 202.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-CHILDREN AND FAMILY SERVICES PROGRAM

General Fund‑-State Appropriation (FY 1996).... $      144,801,000

General Fund‑-State Appropriation (FY 1997).... $      151,569,000

General Fund‑-Federal Appropriation.............                 $.................................. 263,843,000

General Fund‑-Private/Local Appropriation...... $          400,000

Violence Reduction and Drug Enforcement Account

    Appropriation.............................. $        5,719,000

           TOTAL APPROPRIATION................. $      566,332,000

 

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

    (1) $1,660,000 of the general fund‑-state appropriation for fiscal year 1996 and $10,086,000 of the general fund‑-federal appropriation are provided solely for the modification of the case and management information system (CAMIS).  Authority to expend these funds is conditioned on compliance with section 902 of this act.

    (2) $5,524,000 of the general fund‑-state appropriation is provided solely to implement the division's responsibilities under Engrossed Second Substitute Senate Bill No. 5439 (nonoffender at-risk youth).  Of this amount:

    (a) $150,000 of the general fund‑-state appropriation is provided in fiscal year 1996 to develop a plan for children at risk.  The department shall work with a variety of service providers and community representatives, including the community public health and safety networks, and shall present the plan to the legislature and the governor by December 1, 1995.  The plan shall contain a strategy for the development of an intensive treatment system with outcome-based information on the level of services that are achievable under an annual appropriation of $5,000,000, $7,000,000, and $9,000,000; address the issue of chronic runaways; and determine caseload impacts.

    (b) $219,000 of the general fund‑-state appropriation is provided in fiscal year 1996 and $4,678,000 of the general fund‑-state appropriation is provided in fiscal year 1997 for crisis residential center training and administrative duties and secure crisis residential center contracts.

    (c) $266,000 of the general fund‑-state appropriation is provided for the multidisciplinary teams and $211,000 of the general fund‑-state appropriation is provided in fiscal year 1997 for family reconciliation services.

    (d) The state may enter into agreements with the counties to provide residential and treatment services to runaway youth at a rate of reimbursement to be negotiated by the state and county.

    (3) $1,997,000 of the violence reduction and drug enforcement account appropriation and $8,421,000 of the general fund--federal appropriation are provided solely for the operation of the family policy council, the community public health and safety networks, and delivery of services authorized under the federal family preservation and support act.  Of these amounts:

    (a) $1,060,000 of the violence reduction and drug enforcement account appropriation is provided solely for distribution to the community public health and safety networks for planning in fiscal year 1996.

    (b) $937,000 of the violence reduction and drug enforcement account appropriation is provided for staff in the children and family services division of the department of social and health services to support family policy council activities.  The family policy council is directed to provide training, design, technical assistance, consultation, and direct service dollars to the networks.  Of this amount, $300,000 is provided for the evaluation activities outlined in RCW 70.190.050, to be conducted exclusively by the Washington state institute for public policy.  To the extent that private funds can be raised for the evaluation activities, the state funding may be retained by the department to support the family policy council activities.

    (c) $8,421,000 of the general fund‑-federal appropriation is provided solely for the delivery of services authorized by the federal family preservation and support act.

    (4) $2,575,000 of the general fund‑-state appropriation is provided solely to implement Engrossed Substitute Senate Bill No. 5885 (family preservation services).  If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.  Of this amount:

    (a) $75,000 is provided in fiscal year 1996 to develop an implementation and evaluation plan for providing intensive family preservation services and family preservation services.  The department shall present the plan to the legislature and the governor no later than December 1, 1995.  The plan shall contain outcome based information on the level of services that are achievable under an annual appropriation of $3,000,000, $5,000,000, and $7,000,000; and

    (b) $2,500,000 is provided in fiscal year 1997 for additional family preservation services based upon the report.

    (5) $4,646,000 of the general fund‑-state is provided solely to increase payment rates to contracted social services providers.  It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.

    (6) $2,672,000 of the general fund‑-state is provided solely to increase payment rates to contracted social services child care providers.  It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.

    (7) $854,000 of the violence reduction and drug enforcement 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.

    (8) $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.

 

    NEW SECTION.  Sec. 203.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-JUVENILE REHABILITATION PROGRAM

    (1) COMMUNITY SERVICES

General Fund‑-State Appropriation (FY 1996).... $       24,944,000

General Fund‑-State Appropriation (FY 1997).... $       25,771,000

General Fund‑-Federal Appropriation.............                 $.................................. 20,167,000

General Fund‑-Private/Local Appropriation...... $          286,000

Violence Reduction and Drug Enforcement Account

    Appropriation.............................. $        5,695,000

           TOTAL APPROPRIATION................. $       76,863,000

 

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

    (a) $650,000 of the general fund--state appropriation for fiscal year 1996 and $650,000 of the general fund--state appropriation for fiscal year 1997 are provided solely for operation of learning and life skills centers established pursuant to chapter 152, Laws of 1994.

    (b) $1,379,000 of the general fund--state appropriation and $134,000 of the violence reduction and drug enforcement account appropriation are provided solely to increase payment rates to contracted social services providers.  It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.

    (2) INSTITUTIONAL SERVICES

General Fund‑-State Appropriation (FY 1996).... $       25,701,000

General Fund‑-State Appropriation (FY 1997).... $       29,120,000

General Fund--Federal Appropriation.............                 $.................................. 23,011,000

General Fund‑-Private/Local Appropriation...... $          830,000

Violence Reduction and Drug Enforcement Account

    Appropriation.............................. $       10,634,000

           TOTAL APPROPRIATION................. $       89,296,000

    (3) PROGRAM SUPPORT

General Fund‑-State Appropriation (FY 1996).... $        1,021,000

General Fund‑-State Appropriation (FY 1997).... $        1,024,000

General Fund‑-Federal Appropriation.............                 $ 881,000

Violence Reduction and Drug Enforcement Account

    Appropriation.............................. $          421,000

           TOTAL APPROPRIATION................. $        3,347,000

    (4) SPECIAL PROJECTS

General Fund‑-Federal Appropriation.............                 $ 107,000

Violence Reduction and Drug Enforcement Account

    Appropriation.............................. $        1,177,000

           TOTAL APPROPRIATION................. $        1,284,000

 

    NEW SECTION.  Sec. 204.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-MENTAL HEALTH PROGRAM

    (1) COMMUNITY SERVICES/REGIONAL SUPPORT NETWORKS

General Fund‑-State Appropriation (FY 1996).... $      162,878,000

General Fund‑-State Appropriation (FY 1997).... $      169,206,000

General Fund‑-Federal Appropriation.............                 $.................................. 241,564,000

General Fund‑-Private/Local Appropriation...... $        9,000,000

Health Services Account Appropriation.......... $       19,647,000

           TOTAL APPROPRIATION................. $      602,295,000

 

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

    (a) $8,160,000 of the general fund--state appropriation and $279,000 of the health services account appropriation are provided solely to increase payment rates to contracted social services providers.  It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.

    (b) 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.

    (c) From the general fund--state appropriation in this section, the secretary of social and health services shall assure that regional support networks reimburse the aging and adult services program for the general fund‑-state cost of medicaid personal care services that are used by enrolled regional support network consumers by reason of their psychiatric disability.  The secretary of social and health services shall convene representatives from the aging and adult services program, the mental health division, and the regional support networks to establish an equitable and efficient mechanism for accomplishing this reimbursement.

    (d) The appropriations in this section assume that expenditures for voluntary psychiatric hospitalization total $23,600,000 from the general fund--state appropriation and $4,300,000 from the health services account appropriation in fiscal year 1996, and $26,200,000 from the general fund--state appropriation and $4,600,000 from the health services account appropriation in fiscal year 1997.  To the extent that regional support networks succeed in reducing hospitalization costs below these levels, one-half of the funds saved shall be provided as bonus payments to regional support networks for delivery of additional community mental health services, and one-half shall revert to the state treasury.  Actual expenditures and bonus payments shall be calculated at the end of each biennial quarter, except for the final quarter, when expenditures and bonuses shall be projected based on actual experience through the end of April 1997.

    (e) $1,000,000 of the general fund‑-state appropriation is provided solely to implement the division's responsibilities under Engrossed Second Substitute Senate Bill No. 5439 (nonoffender at-risk youth).

    (2) INSTITUTIONAL SERVICES

General Fund‑-State Appropriation (FY 1996).... $       56,033,000

General Fund‑-State Appropriation (FY 1997).... $       56,579,000

General Fund‑-Federal Appropriation.............                 $.................................. 112,097,000

General Fund‑-Private/Local Appropriation...... $       42,512,000

Industrial Insurance Premium Refund Account

    Appropriation.............................. $          747,000

           TOTAL APPROPRIATION................. $      267,968,000

 

    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) The state mental hospitals may use funds appropriated in this subsection to purchase goods and supplies through hospital group purchasing organizations, when it is cost-effective to do so.

    (3) CIVIL COMMITMENT

General Fund Appropriation (FY 1996)........... $        3,378,000

General Fund Appropriation (FY 1997)........... $        3,378,000

           TOTAL APPROPRIATION................. $        6,756,000

    (4) SPECIAL PROJECTS

General Fund‑-Federal Appropriation.............                 $.................................. 6,341,000

    (5) PROGRAM SUPPORT

General Fund‑-State Appropriation (FY 1996).... $        2,549,000

General Fund‑-State Appropriation (FY 1997).... $        2,544,000

General Fund‑-Federal Appropriation.............                 $.................................. 1,511,000

           TOTAL APPROPRIATION................. $        6,604,000The text noted in bold italic indicates a partial veto to this section by

the Governor.

 

    *NEW SECTION.  Sec. 205.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-DEVELOPMENTAL DISABILITIES PROGRAM

    (1) COMMUNITY SERVICES

General Fund‑-State Appropriation (FY 1996).... $      117,802,000

General Fund‑-State Appropriation (FY 1997).... $      121,580,000

General Fund‑-Federal Appropriation.............                 $.................................. 165,632,000

Health Services Account Appropriation.......... $        4,699,000

           TOTAL APPROPRIATION................. $      409,713,000

    (2) INSTITUTIONAL SERVICES

General Fund‑-State Appropriation (FY 1996).... $       62,357,000

General Fund‑-State Appropriation (FY 1997).... $       62,953,000

General Fund‑-Federal Appropriation.............                 $.................................. 139,600,000

General Fund‑-Private/Local Appropriation...... $        9,100,000

           TOTAL APPROPRIATION................. $      274,010,000

    (3) PROGRAM SUPPORT

General Fund‑-State Appropriation (FY 1996).... $        2,837,000

General Fund‑-State Appropriation (FY 1997).... $        2,848,000

General Fund‑-Federal Appropriation.............                 $ 777,000

           TOTAL APPROPRIATION................. $        6,462,000

    (4) SPECIAL PROJECTS

General Fund‑-Federal Appropriation.............                 $.................................. 7,878,000

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

    (a) $6,569,000 of the general fund--state appropriation and $19,000 of the health services account appropriation and $4,298,000 of the general fund‑-federal appropriation are provided solely to increase payment rates to contracted social services providers.  It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.

    (b) $1,447,000 of the general fund--state appropriation is provided solely for employment or other day programs for eligible persons who complete a high school curriculum during the 1995-97 biennium.

    (c) $500,000 of the health services account appropriation is provided solely for fiscal year 1996 and $3,500,000 of the health services account appropriation is provided solely for fiscal year 1997 for family support services for families who need but are currently unable to receive such services because of funding limitations.  The fiscal year 1996 amount shall be prioritized for unserved families who have the most critical need for assistance.  The fiscal year 1997 amount shall be distributed among unserved families according to priorities developed in consultation with organizations representing families of people with developmental disabilities.

    (d) The secretary of social and health services shall work with provider organizations and advocacy groups to plan and implement strategies for increasing the efficiency of community residential services funded under this section.  As a result of those efforts, the average number of persons receiving out-of-home community residential care, on a full-time rather than respite basis, shall be increased by at least 50 persons during fiscal year 1996 over the June 1995 level, and by at least 100 more during fiscal year 1997.  Priority for such services shall be given to persons who are residing with elderly parents or relatives.  The secretary shall report on plans and progress to the appropriate fiscal and policy committees of the legislature by November 15, 1995, and November 15, 1996.

    (e) If, at the end of any biennial quarter, either the total expenditures or the average cost per recipient for medicaid personal care services exceed allotted levels, the secretary of social and health services shall immediately take action in accordance with RCW 74.09.520 to adjust functional eligibility standards and/or service levels sufficiently to bring expenditures back within appropriated levels, except to the extent that such over-expenditures are offset by under-expenditures elsewhere within the program's general fund‑-state appropriation.

    (f) The secretary of social and health services shall investigate and by November 15, 1995, report to the appropriations committee of the house of representatives and the ways and means committee of the senate on the feasibility of obtaining a federal managed-care waiver under which growth which would otherwise occur in state and federal spending for the medicaid personal care and targeted case management programs is instead capitated and used to provide a flexible array of employment, day program, and in-home supports.

    (g) $1,015,000 of the program support general fund‑-state appropriation is provided solely for distribution among the five regional deaf centers for services for the deaf and hard of hearing.

*Sec. 205 was partially vetoed.  See message at end of chapter.The text noted in bold italic indicates a partial veto to this section by the Governor.

 

    *NEW SECTION.  Sec. 206.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-AGING AND ADULT SERVICES PROGRAM

General Fund‑-State Appropriation (FY 1996).... $      378,972,000

General Fund‑-State Appropriation (FY 1997).... $      393,491,000

General Fund‑-Federal Appropriation.............                 $.................................. 793,250,000

Health Services Account‑-State Appropriation... $        9,885,000

           TOTAL APPROPRIATION................. $    1,575,598,000

 

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

    (1) $6,492,000 of the general fund--state appropriation is provided solely to increase payment rates to contracted social services providers.  It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.

    (2) If, at the end of any biennial quarter, either the total expenditures or the average cost per recipient for medicaid personal care services exceed allotted levels, the secretary of social and health services shall immediately take action in accordance with RCW 74.09.520 to adjust functional eligibility standards and/or service levels sufficiently to bring expenditures back within appropriated levels, except to the extent that such over-expenditures are offset by under-expenditures elsewhere within the program's general fund‑-state appropriation.

    (3) If, at the end of any biennial quarter, either the total expenditures or the average cost per recipient for the community options program entry system exceed allotted levels, the secretary of social and health services shall immediately take action to adjust functional eligibility standards, service levels, and/or the terms of the medicaid waiver sufficiently to bring expenditures back within appropriated levels, except to the extent that such over-expenditures are offset by under-expenditures elsewhere within the program's general fund‑-state appropriation.

    (4) The department shall seek a federal plan amendment to increase the home maintenance needs allowance for unmarried COPES recipients only to 100 percent of the federal poverty level.  No changes shall be implemented in COPES home maintenance needs allowances until the amendment has been approved.

    (5) The secretary of social and health services shall transfer funds appropriated under section 207(2) of this act to this section for the purpose of integrating and streamlining programmatic and financial eligibility determination for long-term care services.

    (6) A maximum of $2,603,000 of the general fund‑-state appropriation and $2,670,000 of the general fund‑-federal appropriation for fiscal year 1996 and $5,339,000 of the general fund‑-state appropriation and $5,380,000 of the general fund‑-federal appropriation for fiscal year 1997 are provided to fund the medicaid share of any prospective payment rate adjustments as may be necessary in accordance with RCW 74.46.460.

    (7) The health services account appropriation is to be used solely for the enrollment of home care workers employed through state contracts in the basic health plan.

*Sec. 206 was partially vetoed.  See message at end of chapter.The text noted in bold italic indicates a partial veto to this section by the Governor.

 

    *NEW SECTION.  Sec. 207.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-ECONOMIC SERVICES PROGRAM

    (1) GRANTS AND SERVICES TO CLIENTS

General Fund‑-State Appropriation (FY 1996).... $      403,859,000

General Fund‑-State Appropriation (FY 1997).... $      405,332,000

General Fund‑-Federal Appropriation.............                 $.................................. 677,127,000

           TOTAL APPROPRIATION................. $    1,486,318,000

 

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

    (a) 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

 

    (b) $18,000 of the general fund--state appropriation for fiscal year 1996 and $37,000 of the general fund--state appropriation for fiscal year 1997 are provided solely to increase payment rates to contracted social services providers.  It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.

    (c) Not more than $7,700,000 of the general fund‑-state appropriation may be expended to provide cash assistance through the general assistance for pregnancy program as specified in RCW 74.04.005 as amended (Substitute House Bill No. 2083).

    (2) PROGRAM SUPPORT

General Fund‑-State Appropriation (FY 1996).... $      113,329,000

General Fund‑-State Appropriation (FY 1997).... $      110,137,000

General Fund‑-Federal Appropriation.............                 $.................................. 202,152,000

Health Services Account Appropriation.......... $          750,000

           TOTAL APPROPRIATION................. $      426,368,000

 

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

    (a) $16,000 of the general fund‑-state appropriation for fiscal year 1996 and $34,000 of the general fund‑-state appropriation for fiscal year 1997 are provided solely to increase payment rates to contracted social service providers.  It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.

    (b) The department shall report to the fiscal committees of the legislature no later than December 20, 1995, concerning the number and dollar value of contracts for services provided as part of the job opportunities and basic skills program.  This report shall indicate the criteria used in the choice of state agencies or private entities for a particular contract, the total value of contracts with state agencies, and the total value of contracts with private entities.  The report shall also indicate what, if any, performance criteria are included in job opportunities and basic skills program contracts.

    (c) The department shall:

    (i) Reinstate the SAVE program by September 30, 1995, and report to the fiscal committees of the house of representatives and senate by December 1, 1995, regarding the progress of implementation and outcomes by region of the program;

    (ii) Coordinate with other state agencies, including but not limited to the employment security department, to ensure that persons receiving federal or state funds are eligible in terms of citizenship and residency status;

    (iii) Post at every community service office a sign letting applicants and recipients know that illegal aliens will be reported to the United States immigration and naturalization service and that the systematic alien verification for entitlements system is in use in the office; and

    (iv) Systematically use all processes available to verify eligibility in terms of the citizenship and residency status of applicants and recipients for public assistance.

*Sec. 207 was partially vetoed.  See message at end of chapter.

 

    NEW SECTION.  Sec. 208.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-ALCOHOL AND SUBSTANCE ABUSE PROGRAM

General Fund‑-State Appropriation (FY 1996).... $        8,199,000

General Fund‑-State Appropriation (FY 1997).... $        8,736,000

General Fund‑-Federal Appropriation.............                 $.................................. 76,400,000

Violence Reduction and Drug Enforcement Account

    Appropriation.............................. $       71,900,000

Health Services Account Appropriation.......... $          969,000

           TOTAL APPROPRIATION................. $      166,204,000

 

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

    (1) $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.

    (2) $400,000 of the health services account appropriation is provided solely to implement Second Substitute Senate bill No. 5688 (fetal alcohol syndrome).  If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.

    (3) $502,000 of the general fund‑-state appropriation and $435,000 of the violence reduction and drug enforcement account appropriation for fiscal year 1996 and $1,015,000 of the general fund‑-state appropriation and $1,023,000 of the violence reduction and drug enforcement account appropriation for fiscal year 1997 are provided solely to increase payment rates to contracted and subcontract social services providers.  It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.

    (4) $552,000 of the general fund‑-state appropriation is provided solely to implement the division's responsibilities under Engrossed Second Substitute Senate Bill No. 5439 (nonoffender at-risk youth).

 

    NEW SECTION.  Sec. 209.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-MEDICAL ASSISTANCE PROGRAM

General Fund‑-State Appropriation (FY 1996).... $      670,792,000

General Fund‑-State Appropriation (FY 1997).... $      692,015,000

General Fund‑-Federal Appropriation.............                 $.................................. 1,761,005,000

General Fund‑-Private/Local Appropriation...... $      242,525,000

Health Services Account Appropriation.......... $      199,571,000

           TOTAL APPROPRIATION................. $    3,565,908,000

 

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

    (1) The department shall continue to make use of the special eligibility category created for children through age 18 and in households with incomes below 200 percent of the federal poverty level made eligible for medicaid as of July 1, 1994.  The department shall also continue to provide consistent reporting on other medicaid children served through the basic health plan.

    (2) 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.

    (3) 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.

    (4) $3,682,000 of the general fund‑-state appropriation for fiscal year 1996 and $7,844,000 of the general fund‑-state appropriation for fiscal year 1997 are provided solely to increase payment rates to contracted medical services providers.

    (5)(a) Pursuant to RCW 74.09.700, the medically needy program shall be limited to include only the following groups:  Those persons who, except for income and resources, would be eligible for the medicaid categorically needy aged, blind, or disabled programs and medically needy persons under age 21 or over age 65 in institutions for mental diseases or in intermediate care facilities for the mentally retarded.  Existing departmental rules concerning income, resources, and other aspects of eligibility for the medically needy program shall continue to apply to these groups.  The medically needy program will not provide coverage for caretaker relatives of medicaid-eligible children or for adults in families with dependent children who, except for income and resources, would be eligible for the medicaid categorically needy aid to families with dependent children program.

    (b) Notwithstanding (a) of this subsection, the medically needy program shall provide coverage until December 31, 1995, to those persons who, except for income and resources, would be eligible for the medicaid aid to families with dependent children program.  Not more than $2,020,000 of the general fund‑-state appropriation may be expended for this purpose.

    (6) These appropriations may not be used for any purpose related to a supplemental discount drug program or agreement created under WAC 388-91-007 and 388-91-010.

    (7) 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.

    (8) $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.

    (9) $3,128,000 of the general fund‑-state appropriation is provided solely for treatment of low-income kidney dialysis patients.

    (10) Funding is provided in this section to fund payment of insurance premiums for persons with human immunodeficiency virus who are not eligible for medicaid.

    (11) Not more than $11,410,000 of the general fund‑-state appropriation may be expended for the purposes of operating the medically indigent program during fiscal year 1996.  Funding is provided solely for emergency transportation and acute emergency hospital services, including emergency room physician services and related inpatient hospital physician services.  Funding for such services is to be provided to an eligible individual for a maximum of three months following a hospital admission and only after $2,000 of emergency medical expenses have been incurred in any twelve-month period.

    (12) Not more than $10,000,000 of the health services account appropriation may be expended for the purposes of providing reimbursement during fiscal year 1997 to those hospitals and physicians most adversely affected by the provision of uncompensated emergency room and uncompensated inpatient hospital care.  The department shall develop rules stating the conditions for and rates of compensation.

    (13) $21,525,000 of the health services account appropriation and $21,031,000 of the general fund‑-federal appropriation are provided solely to increase access to dental services and to increase the use of preventative dental services for title XIX categorically eligible children.

    (14) After considering administrative and cost factors, the department shall adopt measures to realize savings in the purchase of prescription drugs, hearing aids, home health services, wheelchairs and other durable medical equipment, and disposable supplies.  Such measures may include, but not be limited to, point-of-sale pharmacy adjudication systems, modification of reimbursement methodologies or payment schedules, selective contracting, and inclusion of such services in managed care rates.

    (15) As part of the long-term care reforms contained in Engrossed Second Substitute House Bill No. 1908, after receiving acute inpatient hospital care, eligible clients shall be transferred from the high cost institutional setting to the least restrictive, least costly, and most appropriate facility as soon as medically reasonable.  Physical medicine and rehabilitation services (acute rehabilitation) shall take place in the least restrictive environment, at the least cost and in the most appropriate facility as determined by the department in coordination with appropriate health care professionals and facilities.  Facilities providing physical medicine and rehabilitation services must meet the quality care certification standards required of acute rehabilitation hospitals and rehabilitation units of hospitals.

    (16) The department is authorized to provide no more than five chiropractic service visits per person per year for those eligible recipients with acute conditions.

 

    NEW SECTION.  Sec. 210.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-VOCATIONAL REHABILITATION PROGRAM

General Fund‑-State Appropriation (FY 1996).... $        7,741,000

General Fund‑-State Appropriation (FY 1997).... $        7,846,000

General Fund‑-Federal Appropriation.............                 $.................................. 73,180,000

General Fund‑-Private/Local Appropriation...... $        2,904,000

           TOTAL APPROPRIATION................. $       91,671,000

 

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

    (1) $39,000 of the general fund--state appropriation is provided solely to increase payment rates to contracted social services providers.  It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in the direct delivery of service to clients.

    (2) The division of vocational rehabilitation shall negotiate cooperative interagency agreements with local organizations, including higher education institutions, mental health regional support networks, and county developmental disabilities programs to improve and expand employment opportunities for people with severe disabilities served by those local agencies.

    (3) $310,000 of the general fund--state appropriation and $1,144,000 of the general fund--federal appropriation are provided solely for vocational rehabilitation services for individuals with developmental disabilities who complete a high school curriculum during the 1995-97 biennium.

 

    NEW SECTION.  Sec. 211.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-ADMINISTRATION AND SUPPORTING SERVICES PROGRAM

General Fund‑-State Appropriation (FY 1996).... $       25,933,000

General Fund‑-State Appropriation (FY 1997).... $       25,934,000

General Fund‑-Federal Appropriation.............                 $.................................. 41,503,000

General Fund‑-Private/Local Appropriation...... $          270,000

           TOTAL APPROPRIATION................. $       93,640,000

 

    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 appropriate fiscal and policy committees of the legislature by July 1, 1995, and every six months thereafter, on the measurable changes in employee injury and time-loss rates that have occurred in the state developmental disabilities, juvenile rehabilitation, and mental health institutions as a result of the upfront loss-control discount agreement between the agencies.

    (2) $500,000 of the general fund‑-state appropriation and $300,000 of the general fund‑-federal appropriation are provided solely to implement Engrossed Substitute House Bill No. 1010 (regulatory reform).  The department may transfer all or a portion of these amounts to the appropriate divisions of the department for this purpose.  If Engrossed Substitute House Bill No. 1010 (regulatory reform) is not enacted by June 30, 1995, the amounts provided in this subsection shall lapse.

 

    NEW SECTION.  Sec. 212.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-CHILD SUPPORT PROGRAM

General Fund‑-State Appropriation (FY 1996).... $       18,058,000

General Fund‑-State Appropriation (FY 1997).... $       18,169,000

General Fund‑-Federal Appropriation.............                 $.................................. 135,488,000

General Fund‑-Local Appropriation.............. $       33,232,000

           TOTAL APPROPRIATION................. $      204,947,000

 

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

    (1) The department shall contract with private collection agencies to pursue collection of AFDC child support arrearages in cases that might otherwise consume a disproportionate share of the department's collection efforts.  The department's child support collection staff shall determine which cases are appropriate for referral to private collection agencies.  In determining appropriate contract provisions, the department shall consult with other states that have successfully contracted with private collection agencies to the extent allowed by federal support enforcement regulations.

    (2) The department shall request a waiver from federal support enforcement regulations to replace the current program audit criteria, which is process-based, with performance measures based on program outcomes.

    (3) The amounts appropriated in this section for child support legal services shall only be expended by means of contracts with local prosecutor's offices.

 

    NEW SECTION.  Sec. 213.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-PAYMENTS TO OTHER AGENCIES PROGRAM

General Fund‑-State Appropriation (FY 1996).... $       21,112,000

General Fund‑-State Appropriation (FY 1997).... $       20,668,000

General Fund‑-Federal Appropriation.............                 $.................................. 16,281,000

           TOTAL APPROPRIATION................. $       58,061,000

 

    NEW SECTION.  Sec. 214.  FOR THE STATE HEALTH CARE POLICY BOARD

General Fund‑-Private/Local Appropriation...... $          110,000

Health Services Account Appropriation.......... $        4,229,000

           TOTAL APPROPRIATION................. $        4,339,000

 

    NEW SECTION.  Sec. 215.  FOR THE STATE HEALTH CARE AUTHORITY

General Fund--State Appropriation (FY 1996).... $        3,403,000

General Fund--State Appropriation (FY 1997).... $        3,403,000

State Health Care Authority Administrative

    Account Appropriation...................... $       15,744,000

Health Services Account Appropriation.......... $      249,642,000

           TOTAL APPROPRIATION................. $      272,192,000

 

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

    (1) $6,806,000 of the general fund appropriation and $5,590,000 of the health services account appropriation are provided solely for health care services provided through local community clinics.

    (2) $1,268,000 of the health care authority administrative fund appropriation is provided to accommodate additional enrollment from school districts that voluntarily choose to purchase employee benefits through public employee benefits board programs.  The office of financial management is directed to monitor K-12 enrollment in PEBB plans and to reduce allotments proportionally if the number of K-12 active employees enrolled after January 1995 is less than 11,837.

 

    NEW SECTION.  Sec. 216.  FOR THE HUMAN RIGHTS COMMISSION

General Fund‑-State Appropriation (FY 1996).... $        1,905,000

General Fund‑-State Appropriation (FY 1997).... $        1,912,000

General Fund‑-Federal Appropriation.............                 $.................................. 1,344,000

General Fund‑-Private/Local Appropriation...... $          402,000

           TOTAL APPROPRIATION................. $        5,563,000

 

    NEW SECTION.  Sec. 217.  FOR THE BOARD OF INDUSTRIAL INSURANCE APPEALS

Worker and Community Right-to-Know Account

    Appropriation.............................. $           20,000

Accident Account Appropriation..................                 $............................. 9,806,000

Medical Aid Account Appropriation.............. $        9,807,000

           TOTAL APPROPRIATION................. $       19,633,000

 

    NEW SECTION.  Sec. 218.  FOR THE CRIMINAL JUSTICE TRAINING COMMISSION

Death Investigations Account Appropriation..... $           38,000

Public Safety and Education Account

    Appropriation.............................. $       10,654,000

Violence Reduction and Drug Enforcement Account

    Appropriation.............................. $          344,000

           TOTAL APPROPRIATION................. $       11,036,000

 

    The appropriations in this section are subject to the following conditions and limitations:  $28,000 of the public safety and education account is provided solely to implement Engrossed Second Substitute Senate Bill No. 5219 (domestic violence).  If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.The text noted in bold italic indicates a partial veto to this section by the Governor.

 

    *NEW SECTION.  Sec. 219.  FOR THE DEPARTMENT OF LABOR AND INDUSTRIES

General Fund Appropriation (FY 1996)........... $        5,270,000

General Fund Appropriation (FY 1997)........... $        5,311,000

Public Safety and Education Account‑-State

    Appropriation.............................. $       19,547,000

Public Safety and Education Account‑-Federal

    Appropriation.............................. $        6,002,000

Public Safety and Education Account‑-Private/Local

    Appropriation.............................. $          972,000

Electrical License Account Appropriation........                 $...................................... 19,321,000

Farm Labor Revolving Account‑-Private/Local

    Appropriation.............................. $           28,000

Worker and Community Right-to-Know Account

    Appropriation.............................. $        2,138,000

Public Works Administration Account

    Appropriation.............................. $        1,928,000

Accident Account‑-State Appropriation.......... $      137,909,000

Accident Account‑-Federal Appropriation........ $        9,112,000

Medical Aid Account‑-State Appropriation........                 $...................................... 148,204,000

Medical Aid Account‑-Federal Appropriation..... $        1,592,000

Plumbing Certificate Account Appropriation..... $          682,000

Pressure Systems Safety Account Appropriation...                 $........................................... 2,053,000

           TOTAL APPROPRIATION................. $      360,069,000

 

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

    (1) Expenditures of funds appropriated in this section for the information systems projects identified in agency budget requests as "crime victims--prime migration" and "document imaging--field offices" are conditioned upon compliance with section 902 of this act.  In addition, funds for the "document imaging--field offices" project shall not be released until the required components of a feasibility study are completed and approved by the department of information services.

    (2) Pursuant to RCW 7.68.015, the department shall operate the crime victims compensation program within the public safety and education account 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; and (c) coordinate with the department of social and health services to use public safety and education account funds as matching funds for federal Title XIX reimbursement, to the extent this maximizes total funds available for services to crime victims.

    (3) $108,000 of the general fund appropriation is provided solely for an interagency agreement to reimburse the board of industrial insurance appeals for crime victims appeals.

    (4) The secretary of social and health services and the director of labor and industries shall report to the appropriate fiscal and policy committees of the legislature by July 1, 1995, and every six months thereafter, on the measurable changes in employee injury and time-loss rates that have occurred in the state developmental disabilities, juvenile rehabilitation, and mental health institutions as a result of the upfront loss-control discount agreement between the agencies.

    (5) By November 1, 1995, the director of labor and industries shall report to the appropriate policy and fiscal committees of the legislature with a plan for establishing within existing resources a designated claims unit to specialize in claims by state employees.

    (6)(a) The appropriations in this section may not be used to implement or enforce rules that are not in compliance with the regulatory fairness act, under chapter 19.85 RCW.

    (b) The appropriations in this section may not be used to implement or enforce rules that the joint administrative rules review committee finds are not within the intent of the legislature as expressed by the statute that the rule implements.

    (7) $450,000 of the accident account‑-state appropriation and $450,000 of the medical aid account‑-state appropriation are provided solely to implement an on-line claims data access system that will include all employers in the retrospective rating plan program.

    (8) Within the appropriations provided in this section, the department shall implement an integrated state-wide on-line verification system for pharmacy providers.  The system shall be implemented by means of contracts that are competitively bid.  Until this system is implemented, no department rules may take effect that reduce the dispensing fee for industrial insurance pharmacy services in effect on January 1, 1995.

*Sec. 219 was partially vetoed.  See message at end of chapter.

 

    NEW SECTION.  Sec. 220.  FOR THE INDETERMINATE SENTENCE REVIEW BOARD

General Fund Appropriation (FY 1996)........... $        1,199,000

General Fund Appropriation (FY 1997)........... $        1,086,000

           TOTAL APPROPRIATION................. $        2,285,000

 

    NEW SECTION.  Sec. 221.  FOR THE DEPARTMENT OF VETERANS AFFAIRS

    (1) HEADQUARTERS

General Fund Appropriation (FY 1996)........... $        1,227,000

General Fund Appropriation (FY 1997)........... $        1,226,000

Industrial Insurance Refund Account

    Appropriation.............................. $           25,000

Charitable, Educational, Penal, and Reformatory

    Institutions Account Appropriation......... $            4,000

               TOTAL APPROPRIATION............. $        2,482,000

    (2) FIELD SERVICES

General Fund‑-State Appropriation (FY 1996).... $        1,853,000

General Fund‑-State Appropriation (FY 1997).... $        1,852,000

General Fund‑-Federal Appropriation.............                 $ 736,000

General Fund‑-Private/Local Appropriation...... $           85,000

               TOTAL APPROPRIATION............. $        4,526,000

    (3) VETERANS HOME

General Fund‑-State Appropriation (FY 1996).... $        4,127,000

General Fund‑-State Appropriation (FY 1997).... $        3,984,000

General Fund‑-Federal Appropriation.............                 $.................................. 10,703,000

General Fund‑-Private/Local Appropriation...... $        7,527,000

               TOTAL APPROPRIATION............. $       26,341,000

    (4) SOLDIERS HOME

General Fund‑-State Appropriation (FY 1996).... $        3,135,000

General Fund‑-State Appropriation (FY 1997).... $        3,049,000

General Fund‑-Federal Appropriation.............                 $.................................. 6,158,000

General Fund‑-Private/Local Appropriation...... $        4,667,000

               TOTAL APPROPRIATION............. $       17,009,000

 

    NEW SECTION.  Sec. 222.  FOR THE DEPARTMENT OF HEALTH

General Fund‑-State Appropriation (FY 1996).... $       44,314,000

General Fund‑-State Appropriation (FY 1997).... $       44,313,000

General Fund‑-Federal Appropriation.............                 $.................................. 233,122,000

General Fund‑-Private/Local Appropriation...... $       25,476,000

Hospital Commission Account Appropriation...... $        3,019,000

Medical Disciplinary Account Appropriation..... $        1,798,000

Health Professions Account Appropriation........                 $...................................... 32,592,000

Safe Drinking Water Account Appropriation...... $        2,751,000

Public Health Services Account Appropriation... $       23,753,000

Waterworks Operator Certification

    Appropriation.............................. $          605,000

Water Quality Account Appropriation.............                 $.................................. 3,079,000

State Toxics Control Account Appropriation..... $        2,824,000

Violence Reduction and Drug Enforcement Account

    Appropriation.............................. $          469,000

Medical Test Site Licensure Account

    Appropriation.............................. $        1,822,000

Youth Tobacco Prevention Account Appropriation. $        1,412,000

Health Services Account Appropriation...... ... $       16,516,000

State and Local Improvements Revolving

    Account--Water Supply Facilities

    Appropriation.............................. $           40,000

           TOTAL APPROPRIATION................. $      437,905,000

 

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

    (1) $2,466,000 of the general fund‑-state appropriation is provided for the implementation of the Puget Sound water quality management plan.

    (2) $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.

    (3) $4,750,000 of the public health account appropriation is provided solely for distribution to local health departments for capacity building and community assessment and mobilization.

    (4) $2,000,000 of the health services account appropriation is provided solely for public health information systems development.  Authority to expend this amount is conditioned on compliance with section 902 of this act.

    (5) $1,000,000 of the health services account appropriation is provided solely for state level capacity building.

    (6) $1,000,000 of the health services account appropriation is provided solely for training of public health professionals.

    (7) $200,000 of the health services account appropriation is provided solely for the American Indian health plan.

    (8) $1,640,000 of the health services account appropriation is provided solely for health care quality assurance and health care data standards activities as required by Engrossed Substitute House Bill No. 1589 (health care quality assurance).

    (9) $1,000,000 of the health services account appropriation is provided solely for development of a youth suicide prevention program at the state level, including a state-wide public educational campaign to increase knowledge of suicide risk and ability to respond and provision of twenty-four hour crisis hotlines, staffed to provide suicidal youth and caregivers a source of instant help.

    (10) The department of health shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law.  The department 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.

    (11) $981,000 of the general fund‑-state appropriation and $3,873,000 of the general fund‑-private/local appropriation are provided solely for implementing Engrossed Substitute House Bill No. 1010 (regulatory reform).  If the bill is not enacted by June 30, 1995, the amounts provided in this subsection shall lapse.

    (12) The department is authorized to raise existing fees for nursing assistants and hypnotherapists in excess of the fiscal growth factor established by Initiative 601, if necessary, in order to meet the actual costs of investigative and legal services due to disciplinary activities.

 

    NEW SECTION.  Sec. 223.  FOR THE DEPARTMENT OF CORRECTIONS

    (1) ADMINISTRATION AND PROGRAM SUPPORT

General Fund Appropriation (FY 1996)........... $       12,269,000

General Fund Appropriation (FY 1997)........... $       12,047,000

           TOTAL APPROPRIATION................. $       24,316,000

 

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

    (a) $211,000 of the general fund appropriation is provided solely to implement Second Substitute Senate Bill No. 5088 (sexually violent predators).  If the bill is not enacted by June 30, 1995, the amount provided in this subsection (a) shall lapse.

    (b) The department may expend funds generated by contractual agreements entered into for mitigation of severe overcrowding in local jails.  If any funds are generated in excess of actual costs, they shall be deposited in the state general fund.  Expenditures shall not exceed revenue generated by such agreements and shall be treated as recovery of costs.

    (c) The department of corrections shall accomplish personnel reductions with the least possible impact on correctional custody staff, community custody staff, and correctional industries.  For the purposes of this subsection, correctional custody staff means employees responsible for the direct supervision of offenders.

    (d) Appropriations in this section provide sufficient funds to implement the provisions of Second Engrossed Second Substitute House Bill 2010 (corrections cost-efficiency and inmate responsibility omnibus act).

    (e) In treating sex offenders at the Twin Rivers corrections center, the department of corrections shall prioritize treatment services to reduce recidivism and shall develop and implement an evaluation tool that:  (i) States the purpose of the treatment; (ii) measures the amount of treatment provided; (iii) identifies the measure of success; and (iv) determines the level of successful and unsuccessful outcomes.  The department shall report to the legislature by December 1, 1995, on how treatment services were prioritized among categories of offenses and provide a description of the evaluation tool and its incorporation into the treatment program.

    (2) INSTITUTIONAL SERVICES

General Fund‑-State Appropriation (FY 1996).... $      265,008,000

General Fund‑-State Appropriation (FY 1997).... $      270,221,000

General Fund‑-Federal Appropriation.............                 $.................................. 2,000,000

Violence Reduction and Drug Enforcement Account

    Appropriation.............................. $        1,214,000

           TOTAL APPROPRIATION................. $      538,443,000

    (3) COMMUNITY CORRECTIONS

General Fund Appropriation (FY 1996)........... $       80,068,000

General Fund Appropriation (FY 1997)........... $       81,226,000

Violence Reduction and Drug Enforcement Account

    Appropriation.............................. $          400,000

           TOTAL APPROPRIATION................. $      161,694,000

    (4) CORRECTIONAL INDUSTRIES

General Fund Appropriation (FY 1996)........... $        3,330,000

General Fund Appropriation (FY 1997)........... $        3,503,000

               TOTAL APPROPRIATION............. $        6,833,000

    (5) INTERAGENCY PAYMENTS

General Fund Appropriation (FY 1996)........... $        6,223,000

General Fund Appropriation (FY 1997)........... $        6,223,000

               TOTAL APPROPRIATION............. $       12,446,000

 

    NEW SECTION.  Sec. 224.  FOR THE DEPARTMENT OF SERVICES FOR THE BLIND

General Fund‑-State Appropriation (FY 1996).... $        1,466,000

General Fund‑-State Appropriation (FY 1997).... $        1,123,000

General Fund‑-Federal Appropriation.............                 $.................................. 9,683,000

General Fund‑-Private/Local Appropriation...... $           80,000

           TOTAL APPROPRIATION................. $       12,352,000

 

    NEW SECTION.  Sec. 225.  FOR THE SENTENCING GUIDELINES COMMISSION

General Fund Appropriation (FY 1996)........... $          517,000

General Fund Appropriation (FY 1997)........... $          469,000

               TOTAL APPROPRIATION............. $          986,000

 

    NEW SECTION.  Sec. 226.  FOR THE EMPLOYMENT SECURITY DEPARTMENT

General Fund‑-State Appropriation (FY 1996).... $          334,000

General Fund‑-State Appropriation (FY 1997).... $          334,000

General Fund‑-Federal Appropriation.............                 $.................................. 190,936,000

General Fund‑-Private/Local Appropriation...... $       21,965,000

Unemployment Compensation Administration

     Account‑-Federal Appropriation.............                 $    177,891,000

Administrative Contingency Account‑-Federal

    Appropriation.............................. $        8,146,000

Employment Services Administrative Account‑-

    Federal Appropriation...................... $       12,294,000

Employment and Training Trust Account

    Appropriation.............................. $        9,294,000

           TOTAL APPROPRIATION................. $      421,194,000

 

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

    (1) The employment security department shall spend no more than $25,049,511 of the unemployment compensation administration account‑-federal appropriation for the general unemployment insurance development effort (GUIDE) project.  Authority to expend this amount is conditioned on compliance with section 902 of this act.

    (2) The employment and training trust account appropriation shall not be expended until a plan for such expenditure is reviewed and approved by the workforce training and education coordinating board for consistency with chapter 226, Laws of 1993 (employment and training for unemployed workers), and the comprehensive plan for workforce training provided in RCW 28C.18.060(4).

    (3) $95,000 of the employment services administrative account‑-federal appropriation is provided solely for a study of the financing provisions of the state's unemployment insurance law pursuant to Engrossed Senate Bill No. 5925.

 

                           (End of part)


 

 

                             PART III

                         NATURAL RESOURCES

 

    NEW SECTION.  Sec. 301.  FOR THE STATE ENERGY OFFICE

General Fund‑-State Appropriation (FY 1996).... $          508,000

General Fund‑-Federal Appropriation.............                 $.................................. 8,896,000

General Fund‑-Private/Local Appropriation...... $        3,417,000

Geothermal Account Appropriation............... $           21,000

Industrial Insurance Premium Refund

    Appropriation.............................. $            2,000

Building Code Council Account Appropriation.... $           10,000

Air Pollution Control Account Appropriation.... $        3,138,000

Energy Efficiency Services Account

    Appropriation.............................. $          493,000

               TOTAL APPROPRIATION............. $       16,485,000

 

    The appropriations in this section are subject to the following conditions and limitations:  $25,000 of the general fund‑-state appropriation is provided solely for the public policy institute, in consultation with the office of financial management and the state energy office, to review options regarding the distribution of energy-related functions to other entities and develop an implementation plan for the closure of the state energy office.  The plan shall include but not be limited to:  (1) The feasibility of providing energy-related services through a nonprofit organization or organizations; (2) recommendations for the distribution of energy-related functions to other entities; (3) corresponding recommendations regarding statutory changes necessary to distribute functions and implement the plan; and (4) a time schedule for eliminating functions or transferring functions to other entities.  The public policy institute shall submit the plan to the appropriate committees of the house of representatives and the senate by November 1, 1995.  It is the intent of the legislature that the state continue to receive oil overcharge restitution funds for the citizens of the state and that every effort be made to maximize federal funds available for energy conservation purposes.  To this end, the state energy office or its successor organizations may enter into contracts with appropriate entities to carry out energy conservation programs.

 

    NEW SECTION.  Sec. 302.  FOR THE COLUMBIA RIVER GORGE COMMISSION

General Fund‑-State Appropriation (FY 1996).... $          287,000

General Fund‑-State Appropriation (FY 1997).... $          290,000

General Fund‑-Private/Local Appropriation...... $          524,000

               TOTAL APPROPRIATION............. $        1,101,000

 

    The appropriations in this section are subject to the following conditions and limitations:  State agencies shall provide to the commission, without charge, all available data and information necessary to complete its review of the Columbia River Gorge management plan.The text noted in bold italic indicates a partial veto to this section by the Governor.

 

    *NEW SECTION.  Sec. 303.  FOR THE DEPARTMENT OF ECOLOGY

General Fund‑-State Appropriation (FY 1996) ... $       22,125,000

General Fund‑-State Appropriation (FY 1997).... $       20,639,000

General Fund‑-Federal Appropriation.............                 $.................................. 42,131,000

General Fund‑-Private/Local Appropriation...... $        1,385,000

Special Grass Seed Burning Research Account

    Appropriation.............................. $           42,000

Reclamation Revolving Account Appropriation.... $        2,664,000

Flood Control Assistance Account Appropriation. $        4,000,000

State Emergency Water Projects Revolving Account

    Appropriation.............................. $          312,000

Waste Reduction, Recycling, and Litter Control

    Account Appropriation...................... $        5,461,000

State and Local Improvements Revolving Account‑-

    Waste Disposal Appropriation............... $        1,000,000

State and Local Improvements Revolving Account‑-

    Water Supply Facilities Appropriation...... $        1,344,000

Basic Data Account Appropriation...... ........ $          182,000

Vehicle Tire Recycling Account Appropriation... $        3,283,000

Water Quality Account Appropriation.............                 $.................................. 3,420,000

Worker and Community Right to Know Account

    Appropriation.............................. $          408,000

State Toxics Control Account Appropriation..... $       49,924,000

Local Toxics Control Account Appropriation..... $        3,342,000

Water Quality Permit Account Appropriation..... $       19,600,000

Underground Storage Tank Account

    Appropriation.............................. $        2,336,000

Solid Waste Management Account Appropriation... $        3,631,000

Hazardous Waste Assistance Account

    Appropriation.............................. $        3,476,000

Air Pollution Control Account Appropriation.... $       13,458,000

Oil Spill Administration Account Appropriation. $        2,939,000

Water Right Permit Processing Account

    Appropriation.............................. $          500,000

Wood Stove Education Account Appropriation..... $        1,251,000

Air Operating Permit Account Appropriation..... $        4,548,000

Freshwater Aquatic Weeds Account Appropriation. $        1,187,000

Oil Spill Response Account Appropriation........                 $...................................... 7,060,000

Metals Mining Account Appropriation.............                 $ 300,000

Water Pollution Control Revolving Account‑-State

    Appropriation.............................. $          165,000

Water Pollution Control Revolving Account‑-Federal

    Appropriation.............................. $        1,019,000

               TOTAL APPROPRIATION............. $      223,132,000

 

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

    (1) $6,324,000 of the general fund‑-state appropriation is provided solely for the implementation of the Puget Sound water quality management plan.  In addition, $394,000 of the general fund‑-federal appropriation, $819,000 of the state toxics control account appropriation, $3,591,000 of the water quality permit fee account appropriation, $883,000 of the water quality account appropriation, and $2,715,000 of the oil spill administration account appropriation may be used for the implementation of the Puget Sound water quality management plan.

    (2) $200,000 of the general fund‑-state appropriation is provided solely for implementing Substitute House Bill No. 1327 or substantially similar legislation (water rights claims filing).  If the bill or substantially similar legislation is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.

    (3) $150,000 of the state toxics control account appropriation and $150,000 of the local toxics control account appropriation are provided solely for implementing Engrossed Substitute House Bill No. 1810 (hazardous substance cleanup).  If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.

    (4) $581,000 of the general fund‑-state appropriation, $170,000 of the air operating permit account appropriation, $80,000 of the water quality permit account appropriation, and $63,000 of the state toxics control account appropriation are provided solely for implementing 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.

    (5) $2,000,000 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.

    (6) $250,000 of the flood control assistance account is provided solely for a grant or contract to the lead local entity 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.

    (7) $70,000 of the general fund‑-state appropriation, $90,000 of the state toxics control account appropriation, and $55,000 of the air pollution control account appropriation are provided solely to implement Engrossed Substitute House Bill No. 1724 (growth management).  If the bill is not enacted by June 30, 1995, the amounts provided in this subsection shall lapse.

    (8) If Engrossed Substitute House Bill No. 1125 (dam safety inspections), or substantially similar legislation, is not enacted by June 30, 1995, then the department shall not expend any funds appropriated in this section for any regulatory activity authorized under RCW 90.03.350 with respect to hydroelectric facilities which require a license under the federal power act, 16 U.S.C.S. Sec. 791a et seq.  If Engrossed Substitute House Bill No. 1125, or substantially similar legislation, is enacted by June 30, 1995, then the department may apply all available funds appropriated under this section for regulatory activity authorized under RCW 90.03.350 for the purposes of inspecting and regulating the safety of dams under the exclusive jurisdiction of the state.

    (9) $425,000 of the general fund‑-state appropriation and $525,000 of the general fund‑-federal appropriation are provided solely for the Padilla Bay national estuarine research reserve and interpretive center.

    (10) $500,000 of the water right permit processing account appropriation and $1,854,000 of the general fund‑-state appropriation are provided solely for continuing the department's participation in the Yakima adjudicative process.

    (11) The water right permit processing account is hereby created in the state treasury.  Moneys in the account may be spent only after appropriation.  Expenditures from the account may be used solely for water right permit processing, regional water planning, and implementation of regional water plans.

    (12) $1,298,000 of the general fund--state appropriation, $188,000 of the general fund--federal appropriation, and $883,000 of the water quality account appropriation are provided solely to coordinate and implement the activities required by the Puget Sound water quality management plan and to perform the powers and duties under chapter 90.70 RCW.

*Sec. 303 was partially vetoed.  See message at end of chapter.

 

    NEW SECTION.  Sec. 304.  FOR THE STATE PARKS AND RECREATION COMMISSION

General Fund‑-State Appropriation (FY 1996).... $       18,020,000

General Fund‑-State Appropriation (FY 1997).... $       17,877,000

General Fund‑-Federal Appropriation.............                 $.................................. 1,930,000

General Fund‑-Private/Local Appropriation...... $        1,463,000

Winter Recreation Program Account

    Appropriation.............................. $          725,000

Off Road Vehicle Account Appropriation......... $          241,000

Snowmobile Account Appropriation............... $        2,174,000

Aquatic Lands Enhancement Account

    Appropriation.............................. $          313,000

Public Safety and Education Account

    Appropriation.............................. $           48,000

Industrial Insurance Premium Refund Account

    Appropriation.............................. $           10,000

Waste Reduction, Recycling, and Litter Control

    Account Appropriation...................... $           34,000

Water Trail Program Account Appropriation...... $           26,000

Parks Renewal and Stewardship Account

    Appropriation....... ...................... $       22,461,000

               TOTAL APPROPRIATION............. $       65,322,000

 

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

    (1) $189,000 of the aquatic lands enhancement account appropriation is provided solely to implement the Puget Sound water quality plan.

    (2) The general fund‑-state appropriation and the parks renewal and stewardship account appropriation are provided to maintain full funding and continued operation of all state parks and state parks facilities.

    (3) $1,800,000 of the general fund‑-state appropriation is provided solely for the Washington conservation corps program established under chapter 43.220 RCW.

    (4) $3,591,000 of the parks renewal and stewardship account appropriation is provided for operation of a centralized reservation system.

    (5) $100,000 of the general fund‑-state appropriation is provided solely for a state match to local funds to prepare a master plan for Mt. Spokane state park.

 

    NEW SECTION.  Sec. 305.  FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION

Firearms Range Account Appropriation........... $          108,000

Recreation Resources Account‑-State

    Appropriation.............................. $        2,387,000

Recreation Resources Account‑-Federal

    Appropriation.............................. $          200,000

NOVA Appropriation............................. $          524,000

               TOTAL APPROPRIATION............. $        3,219,000

 

    The appropriations in this section are subject to the following conditions and limitations:  $338,000 of the recreation resources account‑-state appropriation, $150,000 of the recreation resources account‑-federal appropriation, and $82,000 of the firearms range account appropriation are provided solely for the development and implementation of a grant tracking and management system.

 

    NEW SECTION.  Sec. 306.  FOR THE ENVIRONMENTAL HEARINGS OFFICE

General Fund Appropriation (FY 1996)........... $          715,000

General Fund Appropriation (FY 1997)........... $          713,000

               TOTAL APPROPRIATION............. $        1,428,000

 

    NEW SECTION.  Sec. 307.  FOR THE CONSERVATION COMMISSION

General Fund Appropriation (FY 1996).. ........ $          852,000

General Fund Appropriation (FY 1997)........... $          810,000

Water Quality Account Appropriation.............                 $ 202,000

               TOTAL APPROPRIATION............. $        1,864,000

 

    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) $362,000 of the general fund appropriation is provided solely to implement the Puget Sound water quality management plan.  In addition, $130,000 of the water quality account appropriation is provided for the implementation of the Puget Sound water quality management plan.

    (3) $42,000 of the general fund appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5616 (watershed restoration projects).  If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.

    (4) $750,000 of the general fund appropriation is provided solely for grants to local conservation districts.The text of the following section has been vetoed by the Governor.  It is noted in bold italic.

 

    *NEW SECTION.  Sec. 308.  FOR THE OFFICE OF MARINE SAFETY

State Toxics Control Account

    Appropriation.............................. $          276,000

Oil Spill Administrative Account

    Appropriation.............................. $        3,506,000

           TOTAL APPROPRIATION................. $        3,782,000

 

    The appropriations in this section are subject to the following conditions and limitations:  $170,000 of the oil spill administration account appropriation is provided solely for a contract with the University of Washington's SeaGrant program in order to develop an education program that targets small spills from commercial fishing vessels, ferries, cruise ships, ports, and marinas.  This funding is available for the implementation of the Puget Sound water quality management plan by the University of Washington.

*Sec. 308 was vetoed.  See message at end of chapter.The text noted in bold italic indicates a partial veto to this section by the Governor.

 

    *NEW SECTION.  Sec. 309.  FOR THE DEPARTMENT OF FISH AND WILDLIFE

General Fund‑-State Appropriation (FY 1996).... $       32,380,000

General Fund‑-State Appropriation (FY 1997).... $       32,339,000

General Fund‑-Federal Appropriation.............                 $.................................. 54,098,000

General Fund‑-Private/Local Appropriation...... $       15,986,000

Off Road Vehicle Account Appropriation......... $          476,000

Aquatic Lands Enhancement Account

    Appropriation.............................. $        5,412,000

Public Safety and Education Account

    Appropriation.............................. $          590,000

Industrial Insurance Premium Refund Account

    Appropriation.............................. $          156,000

Recreational Fisheries Enhancement Account

    Appropriation.............................. $        2,200,000

Wildlife Account Appropriation..................                 $............................. 49,741,000

Special Wildlife Account Appropriation......... $        1,884,000

Oil Spill Administration Account

    Appropriation.............................. $          831,000

               TOTAL APPROPRIATION............. $      196,093,000

 

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

    (1) $1,532,000 of the general fund‑-state appropriation is provided solely to implement the Puget Sound water quality management plan.

    (2) $250,000 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 interests in tribal shellfish litigation (United States v. Washington, subproceeding 89-3).  The attorney general costs shall be paid as an interagency reimbursement.

    (3) $500,000 of the general fund‑-state appropriation is provided solely to implement Engrossed Second Substitute Senate Bill No. 5632 (flood damage reduction).  If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.

    (4) $350,000 of the wildlife account appropriation is provided solely for control and eradication of class B designate weeds on department owned and managed lands.

    (5) $250,000 of the general fund‑-state appropriation is provided solely for costs associated with warm water fish production.  Expenditure of this amount shall be consistent with the goals established under RCW 77.12.710 for development of a warm water fish program.  No portion of this amount may be expended for any type of feasibility study.

    (6) $634,000 of the general fund‑-state appropriation and $50,000 of the wildlife account appropriation are 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) $2,000,000 of the general fund‑-state appropriation is provided solely for implementation of Second Substitute Senate Bill No. 5157 (mass marking), chapter 372, Laws of 1995, under the following conditions:

    (a) If, by October 1, 1995, the state reaches agreement with Canada on a marking and detection program, implementation will begin with the 1994 Puget Sound brood coho.

    (b) If, by October 1, 1995, the state does not reach agreement with Canada on a marking and detection program, a pilot project shall be conducted with 1994 Puget Sound brood coho.

    (c) Full implementation will begin with the 1995 brood coho.

    (d) $700,000 of the department's equipment funding and $300,000 of the department's administration funding will be redirected toward implementation of Second Substitute Senate Bill No. 5157 during the 1995-97 biennium.

    (8) The department shall request a reclassification study be conducted by the personnel resources board for hatchery staff.  Any implementation of the study, if approved by the board, shall be pursuant to section 911 of this act.

    (9) Within the appropriations in this section, the department shall maintain the Issaquah hatchery at the current 1993-95 operational level.

    (10) $140,000 of the wildlife account appropriation is provided solely for a cooperative effort with the department of agriculture for research and eradication of purple loosestrife on state lands.

    (11) $110,000 of the aquatic lands enhancement account appropriation may be used for publishing a brochure concerning hydraulic permit application requirements for the control of spartina and purple loosestrife.

*Sec. 309 was partially vetoed.  See message at end of chapter.

 

    NEW SECTION.  Sec. 310.  FOR THE DEPARTMENT OF NATURAL RESOURCES

General Fund‑-State Appropriation (FY 1996).... $       20,300,000

General Fund‑-State Appropriation (FY 1997).... $       20,299,000

General Fund‑-Federal Appropriation.............                 $.................................. 3,024,000

General Fund‑-Private/Local Appropriation...... $          414,000

Forest Development Account Appropriation........                 $...................................... 37,946,000

Off Road Vehicle Account Appropriation......... $        3,074,000

Surveys and Maps Account Appropriation......... $        1,788,000

Aquatic Lands Enhancement Account Appropriation $        2,512,000

Resource Management Cost Account Appropriation. $       11,624,000

Waste Reduction, Recycling, and Litter Control

    Account Appropriation...................... $          440,000

Surface Mining Reclamation Account

    Appropriation.............................. $        1,273,000

Wildlife Account Appropriation..................                 $............................. 1,300,000

Water Quality Account Appropriation.............                 $.................................. 2,000,000

Aquatic Land Dredged Material Disposal Site

    Account Appropriation...................... $          734,000

Natural Resources Conservation Areas Stewardship

    Account Appropriation...................... $        1,003,000

Air Pollution Control Account Appropriation.... $          921,000

Watershed Restoration Account Appropriation.... $        5,000,000

Metals Mining Account Appropriation.............                 $ 41,000

               TOTAL APPROPRIATION............. $      113,693,000

 

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

    (1) $7,998,000 of the general fund‑-state appropriation is provided solely for the emergency fire suppression subprogram.

    (2) $36,000 of the general fund‑-state  appropriations is provided solely for the implementation of the Puget Sound water quality management plan.  In addition, $957,000 of the aquatics lands enhancement account is provided for the implementation of the Puget Sound water quality management plan.

    (3) $450,000 of the resource management cost account appropriation is provided solely for the control and eradication of class B designate weeds on state lands.

    (4) $22,000 of the general fund‑-state appropriation is provided solely to implement Substitute House Bill No. 1437 (amateur radio repeater sites).  If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.

    (5) $49,000 of the air pollution control account appropriation is provided solely to implement Substitute House Bill No. 1287 (silvicultural burning).  If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.

    (6) $290,000 of the general fund‑-state appropriation, $10,000 of the surface mining reclamation account appropriation, and $29,000 of the air pollution control account appropriation are provided solely to implement Engrossed Substitute House Bill No. 1010 (regulatory reform).  If this bill is not enacted by June 30, 1995, the amounts provided in this subsection shall lapse.

    (7) By September 30, 1995, the agency shall report to the appropriate fiscal committees of the legislature on fire suppression costs incurred during the 1993-95 biennium.  The report shall provide the following information:  (a) An object breakdown of costs for the 1993-95 fire suppression subprogram; (b) the amount of reimbursement provided for personnel, services, and equipment outside the agency; (c) FTE levels and salary amounts by fund of positions backfilled as a result of the fires; (d) overtime costs paid to agency personnel; (e) equipment replacement costs, and (f) final allocation of costs for the Hatchery and Tyee fires between the United States forest service, local governments, and the state.

    (8) By December 1, 1995, the department shall report to the house committee on natural resources and the senate committee on natural resources on measures taken to improve the health of the Loomis state forest.

    (9) $13,000 of the general fund‑-state appropriation is provided solely to pay a portion of the rent charged to nonprofit television reception improvement districts pursuant to chapter 294, Laws of 1994.

    (10) $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.

    (11) Up to $572,000 of the general fund‑-state appropriation may be expended for the natural heritage program.

    (12) $13,000,000, of which $5,000,000 is from the watershed restoration account appropriation, $1,300,000 is from the wildlife account appropriation, $2,500,000 is from the resource management cost account appropriation, $500,000 is from the forest development account appropriation, $2,000,000 is from the water quality account appropriation, and $1,700,000 is from the general fund‑-federal appropriation, is provided solely for the jobs in the environment program and/or the watershed restoration partnership program.

    (a) These funds shall be used to:

    (i) Restore and protect watersheds in accordance with priorities established to benefit fish stocks in critical or depressed condition as determined by the watershed coordinating council;

    (ii) Conduct watershed restoration and protection projects primarily on state lands in coordination with federal, local, tribal, and private sector efforts; and

    (iii) Create market wage jobs in environmental restoration for displaced natural resource impact area workers, as defined under Second Substitute Senate Bill No. 5342 (rural natural resource impact areas).

    (b) Except as provided in subsection (c) of this section, these amounts are solely for projects jointly selected by the department of natural resources and the department of fish and wildlife.  Funds may be expended for planning, design, and engineering for projects that restore and protect priority watersheds identified by the watershed coordinating council and conform to priorities for fish stock recovery developed through watershed analysis conducted by the department of natural resources and the department of fish and wildlife.  Funds expended shall be used for specific projects and not for on-going operational costs.  Eligible projects include, but are not limited to, closure or improvement of forest roads, repair of culverts, clean-up of stream beds, removal of fish barriers, installation of fish screens, fencing of streams, and construction and planting of fish cover.

    (c) The department of natural resources and the department of fish and wildlife, in consultation with the watershed coordinating council, the office of financial management, and other appropriate agencies, shall report to the appropriate committees of the legislature on January 1, 1996, and annually thereafter, on any expenditures made from these amounts and a plan for future use of the moneys provided in this subsection.  The plan shall include a prioritized list of watersheds and future watershed projects.  The plan shall also consider future funding needs, the availability of federal funding, and the integration and coordination of existing watershed and protection programs.

    (d) All projects shall be consistent with any development regulations or comprehensive plans adopted under the growth management act for the project areas.  No funds shall be expended to acquire land through condemnation.

    (e) Funds from the wildlife account appropriation shall be available only to the extent that the department of fish and wildlife sells surplus property.

    (f) Funds from the resource management cost account appropriation shall only be used for projects on trust lands.  Funds from the forest development account shall only be used for projects on county forest board lands.

    (g) Projects under contract as of June 1, 1995 will be given first priority.The text noted in bold italic indicates a partial veto to this section by the Governor.

 

    *NEW SECTION.  Sec. 311.  RESOURCE MANAGEMENT.  There is hereby appropriated from the resource management cost account for the operations of the department of natural resources, subject to the requirement that the department of natural resources shall not expend any moneys from any source to implement any habitat conservation plan or other agreement or commitment intended to induce the issuance of a permit from the federal government that affects more than ten thousand acres of public and/or state forest land for five or more years without a specific appropriation for that purpose and prior report to the legislative committees on natural resources as provided in this section, seventy-one million dollars for the biennium ending June 30, 1997.

    (1) The department of natural resources shall report to the standing committees on natural resources of the legislature before entering into any agreement or making any commitment intended to induce the issuance of a permit from the federal government which, individually or together with any other agreement or commitment, affects more than ten thousand acres of public and/or state forest land for five or more years.  Agreements and commitments to which this section applies include but are not limited to conservation plans and incidental take permits under 16 U.S.C. sec. 1539, and all other agreements, management plans, and "no-take" or similar letters relating to the federal endangered species act.  The department shall provide the standing committees with copies of all proposed plans, agreements, and commitments, together with an analysis demonstrating that the proposed agreement or commitment is in the best interests of the trust beneficiaries.

    (2) The department shall submit the following with each biennial budget request:

    (a) An analysis of the impacts of any agreement or contract on state lands;

    (b) Detailed funding requirements to implement the agreement or contract in the next biennium; and

    (c) An accounting of expenditures during the current biennium with respect to any agreement or contract.

    (3) The legislature shall review the department's funding request and funds appropriated shall be separate budget items.  The legislature shall ensure that the appropriations made to implement any agreements or contracts are in conformity with Article 8, section 4 of the state Constitution and chapter 43.88 RCW.

*Sec. 311 was partially vetoed.  See message at end of chapter.

 

    NEW SECTION.  Sec. 312.  FOR THE DEPARTMENT OF AGRICULTURE

General Fund‑-State Appropriation (FY 1996).... $        6,770,000

General Fund‑-State Appropriation (FY 1997).... $        6,572,000

General Fund‑-Federal Appropriation.............                 $.................................. 4,278,000

General Fund‑-Private/Local Appropriation...... $          406,000

Aquatic Lands Enhancement Account

    Appropriation.............................. $          800,000

Industrial Insurance Premium Refund Account

    Appropriation.............................. $          178,000

State Toxics Control Account Appropriation..... $        1,088,000

               TOTAL APPROPRIATION............. $       20,092,000

 

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

    (1) $300,000 of the general fund‑-state appropriation is provided solely for consumer protection activities of the department's weights and measures program.   Moneys provided in this subsection may not be used for device inspection of the weights and measures program.

    (2) $142,000 of the general fund‑-state appropriation is provided solely for the implementation of 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.

    (3) $100,000 of the general fund‑-state appropriation is provided solely for grasshopper and mormon cricket control.

    (4) $200,000 of the general fund‑-state appropriation is provided solely for the agricultural showcase.

 

    NEW SECTION.  Sec. 313.  FOR THE WASHINGTON POLLUTION LIABILITY REINSURANCE PROGRAM

Pollution Liability Insurance Program Trust

    Account Appropriation...................... $          966,000

 

    The appropriation in this section is subject to the following conditions and limitations:  $60,000 of the pollution liability insurance program trust account appropriation is provided solely to conduct a study of privatization of the functions performed by the pollution liability insurance program.  The study will be conducted by the pollution liability insurance program management.  Results of the study shall be reported to the financial institutions and housing committees of the legislature by November 30, 1995.

 

                           (End of part)


 

 

                              PART IV

                          TRANSPORTATION

 

    NEW SECTION.  Sec. 401.  FOR THE DEPARTMENT OF LICENSING

General Fund Appropriation (FY 1996)........... $        4,229,000

General Fund Appropriation (FY 1997).. ........ $        4,257,000

Architects' License Account Appropriation...... $          872,000

Cemetery Account Appropriation..................                 $ 167,000

Professional Engineers' Account

    Appropriation.............................. $        2,235,000

Real Estate Commission Account

    Appropriation.............................. $        6,172,000

Master License Account Appropriation........... $        5,800,000

Uniform Commercial Code Account

    Appropriation.............................. $        4,929,000

Real Estate Education Account

    Appropriation.............................. $          606,000

Funeral Directors and Embalmers Account

    Appropriation.............................. $          400,000

               TOTAL APPROPRIATION............. $       29,667,000

 

    The appropriations in this section are subject to the following conditions and limitations:  $637,000 of the general fund appropriation is provided solely to implement sections 1001 through 1007 of Engrossed Substitute House Bill No. 1010 (regulatory reform).  If the bill is not enacted by June 30, 1995, the amounts provided in this subsection shall lapse.

 

    NEW SECTION.  Sec. 402.  FOR THE STATE PATROL

General Fund--State Appropriation (FY 1996).... $        7,198,000

General Fund--State Appropriation (FY 1997).... $        7,883,000

General Fund--Federal Appropriation.............                 $.................................. 1,035,000

General Fund--Private/Local Appropriation...... $          254,000

Public Safety and Education Account

    Appropriation.............................. $        4,492,000

County Criminal Justice Assistance

    Appropriation.............................. $        3,572,000

Municipal Criminal Justice Assistance Account

    Appropriation.............................. $        1,430,000

Fire Services Trust Account Appropriation...... $           90,000

Fire Services Training Account Appropriation... $        1,740,000

State Toxics Control Account Appropriation..... $          425,000

Violence Reduction and Drug Enforcement

    Account Appropriation...................... $        2,133,000

               TOTAL APPROPRIATION............. $       30,252,000

 

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

    (1) Expenditures from the nonappropriated fingerprint identification account for the automation of pre-employment background checks for public and private employers and background checks for firearms dealers and firearm purchasers are subject to office of financial management approval of a completed feasibility study.

    (2) Expenditures from the county criminal justice assistance account appropriation and municipal criminal justice assistance account appropriation in this section shall be expended solely for enhancements to crime lab services.

    (3) The Washington state patrol shall report to the department of information services and office of financial management by October 30, 1995, on the implementation and financing plan for the state-wide integrated narcotics system.

    (4) $300,000 of the violence reduction and drug enforcement account appropriation is provided solely for enhancements to the organized crime intelligence unit.

 

                           (End of part)


 

 

                              PART V

                             EDUCATION

 

    NEW SECTION.  Sec. 501.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION‑-FOR STATE ADMINISTRATION

General Fund‑-State Appropriation (FY 1996).... $       18,341,000

General Fund‑-State Appropriation (FY 1997).... $       17,819,000

General Fund‑-Federal Appropriation.............                 $.................................. 39,791,000

Health Services Account Appropriation.......... $          400,000

Public Safety and Education Account

    Appropriation.. ........................... $          338,000

Violence Reduction and Drug Enforcement Account

    Appropriation.............................. $        3,122,000

           TOTAL APPROPRIATION................. $       79,811,000

 

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

    (1) AGENCY OPERATIONS

    (a) $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.

    (b) $659,000 of the general fund‑-state appropriation is provided solely for investigation activities of the office of professional practices.

    (c) $1,700,000 of the general fund‑-state appropriation is provided solely to reprogram computer applications for collecting and processing school fiscal, personnel, and student data and for calculating apportionment payments and to upgrade agency computer hardware.  A maximum of $600,000 of this amount shall be used for computer hardware.

    By December 15, 1995, and before implementation of a new state-wide data system, the superintendent shall present a plan to the house of representatives and senate education and fiscal committees which identifies state data base uses that could involve potentially sensitive data on students and parents.  The plan shall detail methods that the superintendent shall employ internally and recommend to school organizations to insure integrity and proper use of data in any student data base, with particular attention to eliminating unnecessary and intrusive data about nonschool related information.

    (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.

    (2) STATE-WIDE PROGRAMS

    (a) $2,174,000 of the general fund‑-state appropriation is provided for in-service training and educational programs conducted by the Pacific Science Center.

    (b) $63,000 of the general fund‑-state appropriation is provided for operation of the Cispus environmental learning center.

    (c) $2,654,000 of the general fund‑-state appropriation is provided for educational centers, including state support activities.

    (d) $3,093,000 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.

    (e) $4,370,000 of the general fund‑-state appropriation is provided for complex need grants.  Grants shall be provided according to funding ratios established in LEAP Document 30C as developed on May 21, 1995, at 23:46 hours.

    (f) $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.

    (g) Districts receiving allocations from subsections (2) (d) and (e) 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.  The superintendent of public instruction shall make copies of the reports available to the office of financial management and the legislature.

    (h) $500,000 of the general fund‑-federal appropriation is provided for plan development and coordination as required by the federal goals 2000:  Educate America Act.  The superintendent shall collaborate with the commission on student learning for the plan development and coordination and submit quarterly reports on the plan development to the education committees of the legislature.

    (i) $400,000 of the health services account appropriation 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.  The projects shall be consistent with the provisions of Engrossed Second Substitute House Bill No. 2798 as passed by the 1994 legislature, including a local/private or public sector match equal to fifty percent of the state grant; and shall be awarded to schools or consortia not granted funds in 1993-94.

    (j) $7,000 of the general fund‑-state appropriation is provided to the state board of education to establish teacher competencies in the instruction of braille to legally blind and visually impaired students.

    (k) $50,000 of the general fund‑-state appropriation is provided solely for matching grants to school districts for analysis of budgets for classroom-related activities as specified in chapter 230, Laws of 1995.

    (l) $3,050,000 of the general fund‑-state appropriation is provided solely to implement Engrossed Second Substitute Senate Bill No. 5439 (nonoffender at-risk youth).  Of that amount, $50,000 is provided for a contract in fiscal year 1996 to the Washington state institute for public policy to conduct an evaluation and review as outlined in section 81 of Engrossed Second Substitute Senate Bill No. 5439.  Allocation of the remaining amount shall be based on the number of petitions filed in each district.

 

    NEW SECTION.  Sec. 502.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION‑-FOR GENERAL APPORTIONMENT (BASIC EDUCATION)

General Fund Appropriation (FY 1996)........... $    3,174,826,000

General Fund Appropriation (FY 1997)........... $    3,284,918,000

               TOTAL APPROPRIATION............. $    6,459,744,000

 

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

    (1) The appropriation includes such funds as are necessary for the remaining months of the 1994-95 school year.

    (2) Allocations for certificated staff salaries for the 1995-96 and 1996-97 school years shall be determined using formula‑generated staff units calculated pursuant to this subsection.  Staff allocations for small school enrollments in (d) through (f) of this subsection shall be reduced for vocational full-time equivalent enrollments.  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 per thousand full-time equivalent students in grades K-12;

    (ii) 49 certificated instructional staff units per thousand full-time equivalent students in grades K-3; and

    (iii) An additional 5.3 certificated instructional staff units for grades K-3.  Any funds allocated for these additional certificated units shall not be considered as basic education funding;

    (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 per thousand full-time equivalent students in grades 4-12; 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:

    (i) Vocational education programs approved by the superintendent of public instruction, 0.92 certificated instructional staff units and 0.08 certificated administrative staff units for each 18.3 full-time equivalent vocational students;

    (ii) Skills center programs approved by the superintendent of public instruction, 0.92 certificated instructional staff units and 0.08 certificated administrative units for each 16.67 full-time equivalent vocational students; and

    (iii) Indirect cost charges to vocational-secondary programs shall not exceed 10 percent;

    (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 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 1995‑96 and 1996‑97 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 full-time equivalent enrollments, one classified staff unit for each sixty average annual full-time equivalent students; and

    (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 20.71 percent in the 1995‑96 school year and 20.71 percent in the 1996-97 school year of certificated salary allocations provided under subsection (2) of this section, and a rate of 18.77 percent in the 1995‑96 school year and 18.77 percent in the 1996-97 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(2) of this act, based on the number of benefit units determined as follows:

    (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 $7,656 per certificated staff unit in the 1995‑96 school year and a maximum of $7,893 per certificated staff unit in the 1996-97 school year.

    (b) For nonemployee-related costs associated with each vocational certificated staff unit allocated under subsection (2)(c) of this section, there shall be provided a maximum of $14,587 per certificated staff unit in the 1995‑96 school year and a maximum of $15,039 per certificated staff unit in the 1996-97 school year.

    (7) Allocations for substitute costs for classroom teachers shall be distributed at a maximum rate of $341 for the 1995‑96 school year and $341 per year for the 1996‑97 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 1994-95 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 $3,122,000 outside the basic education formula during fiscal years 1996 and 1997 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 $431,000 may be expended in fiscal year 1996 and a maximum of $444,000 may be expended in fiscal year 1997;

    (b) For summer vocational programs at skills centers, a maximum of $1,938,000 may be expended in the 1995-96 school year; and

    (c) A maximum of $309,000 may be expended for school district emergencies.

    (10) 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 2.2 percent from the 1994‑95 school year to the 1995‑96 school year, and 1.5 percent from the 1995‑96 school year to the 1996‑97 school year.

    (11) 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.

 

    NEW SECTION.  Sec. 503.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION‑-BASIC EDUCATION EMPLOYEE COMPENSATION

    (1) The following calculations determine the salaries used in the general fund allocations for certificated instructional, certificated administrative, and classified staff units under section 502 of this act:

    (a) Salary allocations for certificated instructional staff units shall be determined for each district by multiplying the district's certificated instructional derived base salary shown on LEAP Document 12C, by the district's average staff mix factor for basic education certificated instructional staff in that school year, computed using LEAP Document 1A; and

    (b) Salary allocations for certificated administrative staff units and classified staff units for each district shall be based on the district's certificated administrative and classified salary allocation amounts shown on LEAP Document 12C.

    (2) For the purposes of this section:

    (a) "Basic education certificated instructional staff" is defined as provided in RCW 28A.150.100;

    (b) "LEAP Document 1A" means the computerized tabulation establishing staff mix factors for basic education certificated instructional staff according to education and years of experience,  as developed by the legislative evaluation and accountability program committee on April 8, 1991, at 13:35 hours; and

    (c) "LEAP Document 12C" means the computerized tabulation of 1995-96 and 1996-97 school year salary allocations for basic education certificated administrative staff and basic education classified staff and derived base salaries for basic education certificated instructional staff as developed by the legislative evaluation and accountability program committee on May 21, 1995, at 23:35 hours.

    (3) Incremental fringe benefit factors shall be applied to salary adjustments at a rate of 20.07 percent for certificated staff and 15.27 percent for classified staff for both years of the biennium.

    (4)(a) Pursuant to RCW 28A.150.410, the following state‑wide salary allocation schedules for certificated instructional staff are established for basic education salary allocations:

 

           STATE-WIDE SALARY ALLOCATION SCHEDULE

           FOR SCHOOL YEARS 1995-96 AND 1996-97

 

Years of                          

Service        BA        BA+15     BA+30     BA+45     BA+90

 

   0           22,282    22,884    23,508    24,131    26,137

   1           23,012    23,633    24,277    24,942    27,007

   2           23,757    24,398    25,060    25,790    27,889

   3           24,539    25,200    25,881    26,651    28,787

   4           25,336    26,037    26,738    27,549    29,740

   5           26,169    26,889    27,609    28,482    30,709

   6           27,037    27,754    28,515    29,450    31,710

   7           27,919    28,654    29,434    30,429    32,745

   8           28,814    29,590    30,388    31,465    33,813

   9                     30,559    31,396    32,512    34,915

  10                               32,417    33,613    36,048

  11                                        34,746    37,235

  12                                        35,843    38,452

  13                                                  39,700

  14                                                  40,955

  15 or more                                          42,020

 

Years of                                    MA+90

Service        BA+135    MA        MA+45     or PHD

 

   0           27,429    26,715    28,720    30,012

   1           28,316    27,526    29,590    30,899

   2           29,238    28,374    30,472    31,820

   3           30,195    29,235    31,370    32,779

   4           31,188    30,133    32,324    33,771

   5           32,214    31,065    33,292    34,797

   6           33,253    32,033    34,294    35,837

   7           34,347    33,013    35,329    36,931

   8           35,473    34,048    36,397    38,057

   9           36,632    35,095    37,499    39,215

  10           37,822    36,196    38,632    40,405

  11           39,044    37,329    39,818    41,627

  12           40,316    38,508    41,036    42,900

  13           41,620    39,726    42,284    44,203

  14           42,972    40,981    43,619    45,556

  15 or more   44,089    42,046    44,753    46,740

 

    (b) As used in this subsection, the column headings "BA+(N)" refer to the number of credits earned since receiving the baccalaureate degree.

    (c) For credits earned after the baccalaureate degree but before the masters degree, any credits in excess of forty‑five credits may be counted after the masters degree.  Thus, as used in this subsection, the column headings "MA+(N)" refer to the total of:

    (i) Credits earned since receiving the masters degree; and

    (ii) Any credits in excess of forty‑five credits that were earned after the baccalaureate degree but before the masters degree.

    (5) For the purposes of this section:

    (a) "BA" means a baccalaureate degree.

    (b) "MA" means a masters degree.

    (c) "PHD" means a doctorate degree.

    (d) "Years of service" shall be calculated under the same rules used by the superintendent of public instruction for salary allocations in the 1994‑95 school year.

    (e) "Credits" means college quarter hour credits and equivalent in-service credits computed in accordance with RCW 28A.415.020 or as hereafter amended.

    (6) No more than ninety college quarter-hour credits received by any employee after the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in this act, or any replacement schedules and documents, unless:

    (a) The employee has a masters degree; or

    (b) The credits were used in generating state salary allocations before January 1, 1992.

    (7)(a) Credits earned by certificated instructional staff after September 1, 1995, shall be counted only if the content of the course:  (i) Is consistent with the school district's strategic plan for improving student learning; (ii) is consistent with a school-based plan for improving student learning developed under section 520(2) of this act for the school in which the individual is assigned; (iii) pertains to the individual's current assignment or expected assignment for the following school year; (iv) is necessary for obtaining an endorsement as prescribed by the state board of education; (v) is specifically required for obtaining advanced levels of certification; or (vi) is included in a college or university degree program that pertains to the individual's current assignment, or potential future assignment, as a certificated instructional staff.

    (b) Once credits earned by certificated instructional staff have been determined to meet one or more of the criteria in (a) of this subsection, the credits shall be counted even if the individual transfers to other school districts.

    (8) The salary allocation schedules established in this section are for allocation purposes only except as provided in RCW 28A.400.200(2).

 

    NEW SECTION.  Sec. 504.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION‑-FOR SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTS

General Fund Appropriation (FY 1996)........... $       96,500,000

General Fund Appropriation (FY 1997)........... $      123,377,000

                TOTAL APPROPRIATION............. $      219,877,000

 

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

    (1) $218,748,000 is provided for cost of living adjustments of 4.0 percent effective September 1, 1995, for state-formula staff units.  The appropriation includes associated incremental fringe benefit allocations for both years at rates 20.07 percent for certificated staff and 15.27 percent for classified staff.

    (a) The appropriation in this section includes the increased portion of salaries and incremental fringe benefits for all relevant state funded school programs in PART V of this act.  Salary adjustments for state employees in the office of superintendent of public instruction and the education reform program are provided in the Special Appropriations sections of this act.  Increases for general apportionment (basic education) are based on the salary allocation schedules and methodology in section 503 of this act.  Increases for special education result from increases in each district's basic education allocation per student. Increases for educational service districts and institutional education programs are determined by the superintendent of public instruction using the methodology for general apportionment salaries and benefits in section 503 of this act.

    (b) The appropriation in this section provides salary increase and incremental fringe benefit allocations for the following programs based on formula adjustments as follows:

    (i) For pupil transportation, an increase of $0.77 per weighted pupil‑mile for the 1995‑96 school year and maintained for the 1996-97 school year;

    (ii) For learning assistance, an increase of $11.24 per eligible student for the 1995‑96 school year and maintained for the 1996-97 school year;

    (iii) For education of highly capable students, an increase of $8.76 per formula student for the 1995‑96 school year and maintained for the 1996-97 school year; and

    (iv) For transitional bilingual education, an increase of $22.77 per eligible bilingual student for the 1995‑96 school year and maintained for the 1996-97 school year.

    (2) The maintenance rate for insurance benefits shall be $313.95 for the 1995-96 school year and $314.51 for the 1996-97 school year.  Funding for insurance benefits is included within appropriations made in other sections of Part V of this act.

    (3) Effective September 1, 1995, a maximum of $1,129,000 is provided for a 4 percent increase in the state allocation for substitute teachers in the general apportionment programs.

    (4) The rates specified in this section are subject to revision each year by the legislature.

 

    NEW SECTION.  Sec. 505.  INCREMENT SALARY INCREASES  The appropriations in sections 502 through 519 of this act contain $27,880,000 in fiscal year 1996 and $63,950,000 in fiscal year 1997 for funding of experience and education increments for certificated instructional staff.  This provides an average salary increase of 1.55 percent per year.

 

    NEW SECTION.  Sec. 506.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION‑-FOR PUPIL TRANSPORTATION

General Fund Appropriation (FY 1996)........... $      155,970,000

General Fund Appropriation (FY 1997)........... $      164,511,000

               TOTAL APPROPRIATION............. $      320,481,000

 

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

    (1) The appropriation includes such funds as are necessary for the remaining months of the 1994‑95 school year.

    (2) A maximum of $1,347,000 may be expended for regional transportation coordinators and related activities.  The transportation coordinators shall ensure that data submitted by school districts for state transportation funding shall, to the greatest extent practical, reflect the actual transportation activity of each district.  The 1994 travel time to contiguous school district study shall be continued and a report submitted to the fiscal committees of the legislature by December 1, 1995.

    (3) A maximum of $40,000 is provided to complete the computerized state map project containing school bus routing information.  This information and available data on school buildings shall be consolidated.  Data formats shall be compatible with the geographic information system (GIS) and included insofar as possible in the GIS system.

    (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.

    (5) Beginning with the 1995-96 school year, the superintendent of public instruction shall implement a state bid process for the purchase of school buses pursuant to Engrossed Substitute Senate Bill No. 5408.

    (6) Of this appropriation, a maximum of $8,807,000 may be allocated in the 1995-96 school year and a maximum of $8,894,000 may be allocated in the 1996-97 school year for hazardous walking conditions.  The superintendent shall ensure that the conditions specified in RCW 28A.160.160(4) for state funding of hazardous walking conditions for any district are fully and strictly adhered to, and that no funds are allocated in any instance in which a district is not actively and to the greatest extent possible engaged in efforts to mitigate hazardous walking conditions.

 

    NEW SECTION.  Sec. 507.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION‑-FOR SCHOOL FOOD SERVICE PROGRAMS

General Fund‑-State Appropriation (FY 1996).... $        3,000,000

General Fund‑-State Appropriation (FY 1997).... $        3,000,000

General Fund‑-Federal Appropriation.............                 $.................................. 183,619,000

           TOTAL APPROPRIATION................. $      189,619,000

 

    NEW SECTION.  Sec. 508.  SUPERINTENDENT OF PUBLIC INSTRUCTION‑-FOR SPECIAL EDUCATION PROGRAMS

General Fund‑-State Appropriation (FY 1996).... $      380,179,000

General Fund‑-State Appropriation (FY 1997).... $      373,289,000

General Fund‑-Federal Appropriation.............                 $.................................. 98,684,000

           TOTAL APPROPRIATION................. $      852,152,000

 

    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 1994‑95 school year.

    (2) In recognition of the need for increased flexibility at the local district level to facilitate the provision of appropriate education to children with disabilities, and the need for substantive educational reform for a significant portion of the school population, the funding formula for special education is modified.  These changes result from a 1994 study and recommendations by the institute for public policy and the legislative budget committee, aided by the office of the superintendent of public instruction and the statewide task force for the development of special education funding alternatives.  The new formula is for allocation purposes only and is not intended to prescribe or imply any particular pattern of special education service delivery other than that contained in a properly formulated, locally determined, individualized education program.

    (3) The superintendent of public instruction shall distribute state funds to school districts based on two categories, the mandatory special education program for special education students ages three to twenty-one and the optional birth through age two program for developmentally delayed infants and toddlers.  The superintendent shall review current state eligibility criteria for the fourteen special education categories and consider changes which would reduce assessment time and administrative costs associated with the special education program.

    (4) For the 1995-96 and 1996-97 school years, the superintendent shall distribute state funds to each district based on the sum of:

    (a) A district's annual average headcount enrollment of  developmentally delayed infants and toddlers ages birth through two, times the district's average basic education allocation per full-time equivalent student, times 1.15; and

    (b) A district's annual average full-time equivalent basic education enrollment times the enrollment percent, times the district's average basic education allocation per full-time equivalent student times 0.9309.

    (5) The definitions in this subsection apply throughout this section.

    (a) "Average basic education allocation per full-time equivalent student" for a district shall be based on the staffing ratios required by RCW 28A.150.260 (i.e., 49/1000 certificated instructional staff in grades K-3, and 46/1000 in grades 4-12), and shall not include enhancements for K-3, secondary vocational education, or small schools.

    (b) "Annual average full-time equivalent basic education enrollment" means the resident enrollment including students enrolled through choice (RCW 28A.225.225) and students from nonhigh districts (RCW 28A.225.210) and excluding students residing in another district enrolled as part of an interdistrict cooperative program (RCW 28A.225.250).

    (c) "Enrollment percent" shall mean the district's resident special education annual average enrollment including those students counted under the special education demonstration projects, excluding the birth through age two enrollment, as a percent of the district's annual average full-time equivalent basic education enrollment.  For the 1995-96 and the 1996-97 school years, each district's enrollment percent shall be:

    (i) For districts whose enrollment percent for 1994-95 was at or below 12.7 percent, the lesser of the district's actual enrollment percent for the school year for which the allocation is being determined or 12.7 percent.

    (ii) For districts whose enrollment percent for 1994-95 was above 12.7 percent, the lesser of:

    (A) The district's actual enrollment percent for the school year for which the special education allocation is being determined; or

    (B) The district's actual enrollment percent for the school year immediately prior to the school year for which the special education allocation is being determined; or

    (C) For 1995-96, the 1994-95 enrollment percent reduced by 25 percent of the difference between the district's 1994-95 enrollment percent and 12.7.  For 1996-97, the 1994-95 enrollment percent reduced by 50 percent of the difference between the district's 1994-95 enrollment percent and 12.7.

    (6) A minimum of $4.5 million of the general fund‑-federal appropriation shall be expended for safety net funding to meet the extraordinary needs of individual special education students.

    (7) From the general fund‑-state appropriation, $14,600,000 is provided for the 1995-96 school year, and $19,575,000 for the 1996-97 school year, for safety net purposes for districts with demonstrable funding needs for special education beyond the combined amounts provided in subsection (4) of this section.  The superintendent of public instruction shall, by rule, establish procedures and standards for allocation of safety net funds.  School districts shall submit their requests for safety net funds to the appropriate regional committee established by the superintendent of public instruction.  Regional committees shall make recommendations to the state oversight committee for approval.  The following conditions and limitations shall be applicable to school districts requesting safety net funds:

    (a) For a school district requesting state safety net funds due to special characteristics of the district and costs of providing services which differ significantly from the assumptions contained in the funding formula, the procedures and standards shall permit relief only if a district can demonstrate at a minimum that:

    (i) Individualized education plans are appropriate and are properly and efficiently prepared and formulated;

    (ii) The district is making a reasonable effort to provide appropriate program services for special education students utilizing state funds generated by the apportionment and special education funding formulas;

    (iii) The district's programs are operated in a reasonably efficient manner and that the district has adopted a plan of action to contain or eliminate any unnecessary, duplicative, or inefficient practices;

    (iv) Indirect costs charged to this program do not exceed the allowable percent for the federal special education program;

    (v) Any available federal funds are insufficient to address the additional needs; and

    (vi) The costs of any supplemental contracts are not charged to this program for purposes of making these determinations.

    (b) For districts requesting safety net funds due to federal maintenance of effort requirements, the procedures and standards shall permit relief only if a district can demonstrate at a minimum that:

    (i) Individualized education plans are appropriate and are properly and efficiently prepared and formulated;

    (ii) The district is making a reasonable effort to provide appropriate program services for special education students utilizing state funds generated by the apportionment and special education funding formulas; and

    (iii) Calculations made in accordance with subsection (8) of this section with respect to state fund allocations justify a need for additional funds for compliance with federal maintenance of effort requirements.

    (8)(a) For purposes of making safety net determinations pursuant to subsection (7) of this section, the superintendent shall make available to each school district, from available data, prior to June 1st of each year:

    (i) The district's 1994-95 enrollment percent;

    (ii) For districts with a 1994-95 enrollment percent over 12.7 percent, the maximum 1995-96 enrollment percent, and prior to 1996-97 the maximum 1996-97 enrollment percent;

    (iii) The estimate to be used for purposes of subsection (7) of this section of each district's 1994-95 special education allocation showing the excess cost and the basic education portions; and

    (iv) If necessary, a process for each district to estimate the 1995-96 school year excess cost allocation for special education and the portion of the basic education allocation formerly included in the special education allocation.  This process may utilize the allocations generated pursuant to subsection (4) of this section, each district's 1994-95 estimated basic education backout percent for the 1994-95 school year, and state compensation increases for 1995-96.

    (b) The superintendent, in consultation with the state auditor, shall take all necessary steps to successfully transition to the new formula and minimize paperwork at the district level associated with maintenance of effort calculations. The superintendent shall develop such rules and procedures as are necessary to implement this process for the 1995-96 school year, and may use the same process for the 1996-97 school year if found necessary for federal maintenance of effort calculations.

    (9) Prior to adopting any standards, procedures, or processes required to implement this section, the superintendent shall consult with the office of financial management and the fiscal committees of the legislature.

    (10) Membership of the regional committees may include, but not be limited to:

    (a) A representative of the superintendent of public instruction;

    (b) One or more representatives from school districts including board members, superintendents, special education directors, and business managers; and

    (c) One or more staff from an educational service district.

    (11) The state oversight committee appointed by the superintendent of public instruction shall consist of:

    (a) Staff of the office of superintendent of public instruction;

    (b) Staff of the office of the state auditor;

    (c) Staff from the office of the financial management; and

    (d) One or more representatives from school districts or educational service districts knowledgeable of special education programs and funding.

    (12) The institute for public policy, in cooperation with the superintendent of public instruction, the office of financial management, and the fiscal committees of the legislature, shall evaluate the operation of the safety nets under subsections (6) and (7) of this section and shall prepare an interim report by December 15, 1995, and a final report on the first school year of operation by October 15, 1996.

    (13) 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 special education program.

    (14) $1,000,000 of the general fund‑-federal appropriation is provided solely for projects to provide special education 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.

    (15) Not more than $80,000 of the general fund‑-federal appropriation shall be expended for development of an inservice training program to identify students with dyslexia who may be in need of special education.

 

    NEW SECTION.  Sec. 509.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION‑-FOR TRAFFIC SAFETY EDUCATION PROGRAMS

Public Safety and Education Account

    Appropriation.............................. $       17,488,000

 

    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 1994-95 school year.

    (2) A maximum of $507,000 shall be expended for regional traffic safety education coordinators.

    (3) The maximum basic state allocation per student completing the program shall be $137.16 in the 1995-96 and 1996-97 school years.

    (4) Additional allocations to provide tuition assistance for students from low-income families who complete the program shall be a maximum of $66.81 per eligible student in the 1995-96 and 1996-97 school years.

 

    NEW SECTION.  Sec. 510.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION‑-FOR EDUCATIONAL SERVICE DISTRICTS

General Fund Appropriation (FY 1996)........... $        4,411,000

General Fund Appropriation (FY 1997)........... $        4,410,000

               TOTAL APPROPRIATION............. $        8,821,000

 

    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) $225,000 of the general fund appropriation is provided solely for student teaching centers as provided in RCW 28A.415.100.

    (3) $360,000 of the general fund appropriation is provided solely to continue implementation of chapter 109, Laws of 1993 (collaborative development school projects).

 

    NEW SECTION.  Sec. 511.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION‑-FOR LOCAL EFFORT ASSISTANCE

General Fund Appropriation (FY 1996)........... $       75,408,000

General Fund Appropriation (FY 1997)........... $       79,592,000

               TOTAL APPROPRIATION............. $      155,000,000

 

    NEW SECTION.  Sec. 512.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION‑-FOR PROGRAMS FUNDED UNDER THE ELEMENTARY AND SECONDARY SCHOOL IMPROVEMENT ACT

General Fund‑-Federal Appropriation.............                 $.................................. 222,376,000

 

    NEW SECTION.  Sec. 513.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION‑-FOR EDUCATION OF INDIAN CHILDREN

General Fund‑-Federal Appropriation.............                 $ 370,000

 

    NEW SECTION.  Sec. 514.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION‑-FOR INSTITUTIONAL EDUCATION PROGRAMS

General Fund‑-State Appropriation (FY 1996).... $       15,417,000

General Fund‑-State Appropriation (FY 1997).... $       15,795,000

General Fund‑-Federal Appropriation.............                 $.................................. 8,548,000

           TOTAL APPROPRIATION................. $       39,760,000

 

    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 1994‑95 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) State funding for each institutional education program shall be based on the institution's annual average full-time equivalent student enrollment.  Staffing ratios for each category of institution and other state funding assumptions shall be those specified in the legislative budget notes.

 

    NEW SECTION.  Sec. 515.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION‑-FOR PROGRAMS FOR HIGHLY CAPABLE STUDENTS

General Fund Appropriation (FY 1996)........... $        4,254,000

General Fund Appropriation (FY 1997)........... $        4,277,000

               TOTAL APPROPRIATION............. $        8,531,000

 

    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 1994‑95 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) $436,000 of the appropriation is for the Centrum program at Fort Worden state park.

 

    NEW SECTION.  Sec. 516.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION‑-EDUCATION REFORM PROGRAMS

General Fund‑-State Appropriation (FY 1996).... $       17,904,000

General Fund‑-State Appropriation (FY 1997).... $       18,062,000

General Fund‑-Federal Appropriation.............                 $.................................. 12,500,000

           TOTAL APPROPRIATION................. $       48,466,000

 

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

    (1) $3,819,000 of the general fund‑-state appropriation is provided solely for the operation of the commission on student learning under RCW 28A.630.883 through 28A.630.953.  The commission on student learning shall report on a regular basis regarding proposed activities and expenditures of the commission.

    (2) $4,890,000 of the general fund‑-state appropriation and $800,000 of the general fund‑-federal appropriation are provided solely for development of assessments as required in RCW 28A.630.885 as amended by House Bill No. 1249.

    (3) $2,190,000 of the general fund‑-state appropriation is provided solely for training of paraprofessional classroom assistants and certificated staff who work with classroom assistants as provided in RCW 28A.415.310.

    (4) $2,970,000 of the general fund‑-state appropriation is provided for school-to-work transition projects in the common schools, including state support activities, under RCW 28A.630.861 through 28A.630.880.

    (5) $2,970,000 of the general fund‑-state appropriation is provided for mentor teacher assistance, including state support activities, under RCW 28A.415.250 and 28A.415.260.  Funds for the teacher assistance program shall be allocated to school districts based on the number of beginning teachers.

    (6) $1,620,000 of the general fund‑-state appropriation is provided for superintendent and principal internships, including state support activities, under RCW 28A.415.270 through 28A.415.300.

    (7) $4,050,000 of the general fund‑-state appropriation is provided for improvement of technology infrastructure, the creation of a student database, and educational technology support centers, including state support activities, under chapter 28A.650 RCW.

    (8) $7,200,000 of the general fund‑-state appropriation 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 RCW 70.190.040.

    (9) $5,000,000 of the general fund‑-state appropriation is provided solely for the meals for kids program under RCW 28A.235.145 through 28A.235.155 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; and

    (b) $4,558,000 of the general fund‑-state appropriation is provided solely to increase the state subsidy for free and reduced-price breakfasts.

    (10) $1,260,000 of the general fund‑-state appropriation 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 RCW 28A.300.130 (center for the improvement of student learning).

    (11) $1,700,000 of the general fund‑-federal appropriation is provided for professional development grants.

    (12) $10,000,000 of the general fund‑-federal appropriation is provided solely for competitive grants to school districts for implementation of education reform.  To the extent that additional federal goals 2000 funds become available, the superintendent shall also allocate such additional funds for the same purpose.

 

    NEW SECTION.  Sec. 517.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION‑-FOR ENCUMBRANCES OF FEDERAL GRANTS

General Fund‑-Federal Appropriation.............                 $.................................. 51,216,000

 

    NEW SECTION.  Sec. 518.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION‑-FOR TRANSITIONAL BILINGUAL PROGRAMS

General Fund Appropriation (FY 1996)........... $       27,286,000

General Fund Appropriation (FY 1997)........... $       29,566,000

               TOTAL APPROPRIATION............. $       56,852,000

 

    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 1994-95 school year.

    (2) The superintendent shall distribute a maximum of $623.21 per eligible bilingual student in the 1995-96 school year and $623.31 in the 1996-97 school year.

 

    NEW SECTION.  Sec. 519.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION‑-FOR THE LEARNING ASSISTANCE PROGRAM

General Fund Appropriation (FY 1996)........... $       56,293,000

General Fund Appropriation (FY 1997)........... $       57,807,000

               TOTAL APPROPRIATION............. $      114,100,000

 

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

    (1) The appropriation provides such funds as are necessary for the remaining months of the 1994‑95 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 shall be allocated at a maximum rate of $366.74 per unit for the 1995-96 school year and a maximum of $366.81 per unit in the 1996-97 school year.  School districts may carryover up to 10 percent of funds allocated under this program; however, carryover funds shall be expended for the learning assistance program.

    (a) A school district's units for the 1995-96 school year shall be the sum of the following:

    (i) The 1995-96 full-time equivalent enrollment in kindergarten through 6th grade, times the 5-year average 4th grade test result as adjusted pursuant to subsection (2) of this section, times 0.96; and

    (ii) The 1995-96 full-time equivalent enrollment in grades 7 through 9, times the 5-year average 8th grade test result as adjusted pursuant to subsection (2) of this section, times 0.96; and

    (iii) If the district's percentage of October 1994 headcount enrollment in grades K-12 eligible for free and reduced price lunch exceeds the state average, subtract the state average percentage of students eligible for free and reduced price lunch from the district's percentage and multiply the result by the district's 1995-96 K-12 annual average full-time equivalent enrollment times 11.68 percent.

    (b) A school district's units for the 1996-97 school year shall be the sum of the following:

    (i) The 1996-97 full-time equivalent enrollment in kindergarten through 6th grade, times the 5-year average 4th grade test result as adjusted pursuant to subsection (2) of this section, times 0.92; and

    (ii) The 1996-97 full-time equivalent enrollment in grades 7 through 9, times the 5-year average 8th grade test result as adjusted pursuant to subsection (2) of this section, times 0.92; and

    (iii) If the district's percentage of October 1995 headcount enrollment in grades K-12 eligible for free and reduced price lunch exceeds the state average, subtract the state average percentage of students eligible for free and reduced price lunch from the district's percentage and multiply the result by the district's 1996-97 K-12 annual average full-time equivalent enrollment times 22.30 percent.

 

    NEW SECTION.  Sec. 520.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION‑-LOCAL ENHANCEMENT FUNDS

General Fund Appropriation (FY 1996)............ $      57,126,000

General Fund Appropriation (FY 1997)............ $      58,429,000

               TOTAL APPROPRIATION.............. $     115,555,000

 

    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 1994-95 school year.

    (2) School districts receiving moneys pursuant to this section shall expend at least fifty-eight percent of such moneys in school buildings for building based planning, staff development, and other activities to improve student learning, consistent with the student learning goals in RCW 28A.150.210 and RCW 28A.630.885.  Districts receiving the moneys shall have a policy regarding the involvement of school staff, parents, and community members in instructional decisions.  Each school using the moneys shall, by the end of the 1995-96 school year, develop and keep on file a building plan to attain the student learning goals and essential academic learning requirements and to implement the assessment system as it is developed.  The remaining forty-two percent of such moneys may be used to meet other 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) Forty-two percent of the allocations to school districts shall be calculated on the basis of full-time enrollment at an annual rate per student of up to $26.30 for the 1995-96 and 1996-97 school years.  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) Fifty-eight percent of the allocations to school districts shall be calculated on the basis of full-time enrollment at an annual rate per student of up to $36.69 for the 1995-96 and 1996-97 fiscal years.  The state schools for the deaf and the blind may qualify for allocations of funds under this subsection.  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.

    (5) Beginning with the 1995-96 school year, to provide parents, the local community, and the legislature with information on the student learning improvement block grants, schools receiving funds for such purpose shall include, in the annual performance report required in RCW 28A.320.205, information on how the student learning improvement block grant moneys were spent and what results were achieved.  Each school district shall submit the reports to the superintendent of public instruction and the superintendent shall provide the legislature with an annual report.

    (6) Receipt by a school district of one-fourth of the district's allocation of funds under this section, 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 RCW 74.09.5241 through 74.09.5256 (Title XIX funding).

 

    NEW SECTION.  Sec. 521.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION.  The appropriations in sections 502, 504, 506, 508, 510, 514, 515, 518, and 519 of this act include amounts to pay increased state retirement system contributions resulting from enactment of Substitute Senate Bill No. 5119 (uniform COLA).

 

                           (End of part)


 

 

                              PART VI

                         HIGHER EDUCATION

 

    NEW SECTION.  Sec. 601.  The appropriations in sections 603 through 609 of this act are subject to the following conditions and limitations:

    (1) "Institutions" means the institutions of higher education receiving appropriations under sections 603 through 609 of this act.

    (2) Operating resources that are not used to meet authorized salary increases and other mandated expenses shall be invested in measures that (a) reduce the time-to-degree, (b) provide additional access to postsecondary education, (c) improve the quality of undergraduate education, (d) provide improved access to courses and programs that meet core program requirements and are consistent with needs of the state labor market, (e) provide up-to-date equipment and facilities for training in current technologies, (f) expand the integration between the K-12 and postsecondary systems and among the higher education institutions, (g) provide additional access to postsecondary education for place-bound and remote students, and (h) improve teaching and research capability through the funding of distinguished professors.  The institutions shall establish, in consultation with the board, measurable goals for increasing the average scheduled course contact hours by type of faculty, and shall report to the appropriate policy and fiscal committees of the legislature each December 1st as to performance on such goals.

    To reduce the time it takes students to graduate, the institutions shall establish policies and reallocate resources as necessary to increase the number of undergraduate degrees granted per full-time equivalent instructional faculty.

    (3) The salary increases provided or referenced in this subsection shall be the maximum allowable salary increases provided at institutions of higher education, excluding increases associated with normally occurring promotions and increases related to faculty and professional staff retention, and excluding increases associated with employees under the jurisdiction of chapter 41.56 RCW pursuant to the provisions of RCW 28B.16.015.

    (a) No more than $300,000 of the appropriations provided in sections 602 through 608 of this act may be expended for purposes designated in section 911 of this act.

    (b) Each institution of higher education shall provide to each classified staff employee as defined by the office of financial management a salary increase of 4.0 percent on July 1, 1995.  Each institution of higher education shall provide to instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants as classified by the office of financial management and all other nonclassified staff, including those employees under RCW 28B.16.015, an average salary increase of 4.0 percent on July 1, 1995.  For employees under the jurisdiction of chapter 41.56 RCW pursuant to the provisions of RCW 28B.16.015, distribution of the salary increases will be in accordance with the applicable collective bargaining agreement.

    (c) Funds under section 717 of this act are in addition to any increases provided in (a) and (b) of this subsection.  Specific salary increases authorized in sections 603 and 604 of this act are in addition to any salary increase provided in this subsection.

 

    NEW SECTION.  Sec. 602.  The appropriations in sections 603 through 609 of this act provide state general fund support or employment and training trust account support for student full-time equivalent enrollments at each institution of higher education. Listed below are the annual full-time equivalent student enrollments by institution assumed in this act.

 

                                       1995‑96            1996-97

                                       Annual              Annual

                                       Average            Average

                                         FTE                FTE

University of Washington

 

Main campus........................... 29,857             29,888

Evening Degree Program.................. 571                617

Tacoma branch........................... 588                687

Bothell branch.......................... 533                617

 

Washington State University

 

Main campus........................... 16,205             16,419

Spokane branch.......................... 283                308

Tri-Cities branch....................... 624                707

Vancouver branch........................ 723                851

 

Central Washington University......... 6,903              6,997

Eastern Washington University......... 7,656              7,739

The Evergreen State College........... 3,278              3,298

Western Washington University......... 9,483              9,606

State Board for Community and

    Technical Colleges................. 111,986            113,586

Higher Education Coordinating

    Board................................ 50                 50

 

    NEW SECTION.  Sec. 603.  FOR THE STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES

General Fund‑-State Appropriation (FY 1996).... $      345,763,000

General Fund‑-State Appropriation (FY 1997).... $      348,728,000

General Fund‑-Federal Appropriation.............                 $.................................. 11,404,000

Employment and Training Trust Account

    Appropriation.............................. $       58,575,000

           TOTAL APPROPRIATION................. $      764,470,000

 

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

    (1) $2,883,000 of the general fund appropriation is provided solely for 500 supplemental FTE enrollment slots to implement RCW 28B.50.259 (timber-dependent communities).

    (2) $58,575,000 of the employment and training trust account appropriation is provided solely for training and related support services specified in chapter 226, Laws of 1993 (employment and training for unemployed workers).  Of this amount:

    (a) $41,090,000 is to provide enrollment opportunity for 6,100 full-time equivalent students in fiscal year 1996 and 7,200 full-time equivalent students in fiscal year 1997.  The state board for community and technical colleges shall submit to the workforce training and education coordinating board for review and approval a plan for the allocation of the full-time equivalents provided in this subsection.

    (b) $8,403,000 is to provide child care assistance, transportation, and financial aid for the student enrollments funded in (a) of this subsection.

    (c) $7,632,000 is to provide financial assistance for student enrollments funded in (a) of this subsection in order to enhance program completion for those enrolled students whose unemployment benefit eligibility will be exhausted before their training program is completed.  The state board for community and technical colleges shall submit to the workforce training and education coordinating board for review and approval a plan for eligibility and disbursement criteria to be used in determining the award of moneys provided in this subsection.

    (d) $750,000 is provided solely for an interagency agreement with the workforce training and education coordinating board for an independently contracted net-impact study to determine the overall effectiveness and outcomes of retraining and other services provided under chapter 226, Laws of 1993, (employment and training for unemployed workers).  The net-impact study shall be completed and delivered to the legislature no later than December 31, 1996.

    (e) $700,000 is to provide the operating resources for seven employment security department job service centers located on community and technical college campuses.

    (3) $3,725,000 of the general fund appropriation is provided solely for assessment of student outcomes at community and technical colleges.

    (4) $1,412,000 of the general fund appropriation is provided solely to recruit and retain minority students and faculty.

    (5) $3,296,720 of the general fund appropriation is provided solely for instructional equipment.

    (6) $688,000 of the general fund appropriation is provided for new building operations and maintenance and shall be placed in reserve and expended only pursuant to allotment authority provided by the office of financial management.

    (7) Up to $4,200,000 of the appropriations in this section may be used in combination with salary and benefit savings from faculty turnover to provide faculty salary increments.

    (8) The technical colleges may increase tuition and fees to conform with the percentage increase in community college operating fees authorized in Substitute Senate Bill No. 5325.

    (9) Up to $6,000,000 of general operating funds may be used to address accreditation issues at the technical colleges.

    (10) Up to $50,000, if matched by an equal amount from private sources, may be used to initiate an international trade education consortium, composed of selected community colleges, to fund and promote international trade education and training services in a variety of locations throughout the state, which services shall include specific business skills needed to develop and sustain international business opportunities that are oriented toward vocational, applied skills.  The board shall report to appropriate legislative committees on these efforts at each regular session of the legislature.

 

    NEW SECTION.  Sec. 604.  FOR THE UNIVERSITY OF WASHINGTON

General Fund Appropriation (FY 1996)........... $      263,981,000

General Fund Appropriation (FY 1997)........... $      258,321,000

Death Investigations Account Appropriation..... $        1,685,000

Accident Account Appropriation..................                 $............................. 4,335,000

Medical Aid Account Appropriation.............. $        4,330,000

Health Services Account Appropriation.......... $        6,244,000

           TOTAL APPROPRIATION................. $      538,896,000

 

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

    (1) $9,516,000 of the general fund appropriation is provided solely to operate upper-division and graduate level courses offered at the Tacoma branch campus.  Of this amount, $237,000 is provided solely for continuation of the two-plus-two program operated jointly with the Olympic Community College.

    (2) $9,438,000 of the general fund appropriation is provided solely to operate upper-division and graduate level courses offered at the Bothell branch campus.

    (3) $2,300,000 of the health services account appropriation is provided solely for the implementation of chapter 492, Laws of 1993 (health care reform) to increase the supply of primary health care providers.

    (4) $300,000 of the health services account appropriation is provided solely to expand community-based training for physician assistants.

    (5) $300,000 of the health services account appropriation is provided solely for the advanced registered nurse program.

    (6) $2,909,000 of the health services account appropriation is provided solely for health benefits for teaching and research assistants pursuant to RCW 28B.10.660 (graduate service appointment health insurance).

    (7) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.

    (8) $648,000 of the general fund appropriation is provided solely to recruit and retain minority students and faculty.

    (9) $1,471,000 of the general fund appropriation is provided for new building operations and maintenance and shall be placed in reserve and expended only pursuant to allotment authority provided by the office of financial management.

    (10) $500,000 of the general fund appropriation is provided solely for enhancements to the mathematics, engineering and science achievement (MESA) program.

    (11) $227,000 of the general fund appropriation is provided solely for implementation of the Puget Sound water quality management plan.

    (12) The university shall begin implementation of the professional staff and librarian market gap remedy plan II, which was submitted to the legislature in response to section 603(3), chapter 24, Laws of 1993 sp. sess. and section 603(3), chapter 6, Laws of 1994 sp. sess.  As part of the implementation of the plan, an average salary increase of 5.0 percent may be provided to librarians and professional staff on July 1, 1995, to meet salary gaps as described in the plan.

    (13) $184,000 of the health services account appropriation is provided solely for participation of the University of Washington dental school in migrant/community health centers in the Yakima valley.

    (14) At least $50,000 of the general fund appropriation shall be used for research at the Olympic natural resources center.

 

    NEW SECTION.  Sec. 605.  FOR WASHINGTON STATE UNIVERSITY

General Fund Appropriation (FY 1996)........... $      150,520,000

General Fund Appropriation (FY 1997)........... $      153,906,000

Industrial Insurance Premium Refund Account

    Appropriation.............................. $           33,000

Health Services Account Appropriation.......... $        1,400,000

           TOTAL APPROPRIATION......... ........ $      305,859,000

 

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

    (1) $12,008,000 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.  $1,198,000 of this amount is provided for new building operations and maintenance and shall be placed in reserve and expended only pursuant to allotment authority provided by the office of financial management.

    (2) $7,534,000 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.  $53,000 of this amount is provided for new building operations and maintenance and shall be placed in reserve and expended only pursuant to allotment authority provided by the office of financial management.

    (3) $7,691,000 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 minority students and faculty.

    (6) $1,400,000 of the health services account appropriation is provided solely for health benefits for teaching and research assistants pursuant to RCW 28B.10.660 (graduate service appointment health insurance).

    (7) $2,167,000 of the general fund appropriation is provided for new building operations and maintenance on the main campus and shall be placed in reserve and expended only pursuant to allotment authority provided by the office of financial management.

    (8) $525,000 of the general fund appropriation is provided solely to implement House Bill No. 1741 (wine and wine grape research).  If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.

    (9) $1,000,000 of the general fund appropriation is provided solely to implement Engrossed Second Substitute House Bill No. 1009 (pesticide research).  If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.

    (10) $314,000 of the general fund appropriation is provided solely for implementation of the Puget Sound water quality management plan.

 

    NEW SECTION.  Sec. 606.  FOR EASTERN WASHINGTON UNIVERSITY

General Fund Appropriation (FY 1996)........... $       36,741,000

General Fund Appropriation (FY 1997)........... $       37,084,000

Health Services Account Appropriation.......... $          200,000

           TOTAL APPROPRIATION................. $       74,025,000

 

    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 minority students and faculty.

    (3) $200,000 of the health services account appropriation is provided solely for health benefits for teaching and research assistants pursuant to RCW 28B.10.660 (graduate service appointment health insurance).

 

    NEW SECTION.  Sec. 607.  FOR CENTRAL WASHINGTON UNIVERSITY

General Fund Appropriation (FY 1996)........... $       33,683,000

General Fund Appropriation (FY 1997)........... $       34,055,000

Industrial Insurance Premium Refund Account

    Appropriation.............................. $           10,000

Health Services Account Appropriation.......... $          140,000

           TOTAL APPROPRIATION................. $       67,888,000

 

    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 minority students and faculty.

    (3) $140,000 of the health services account appropriation is provided solely for health benefits for teaching and research assistants pursuant to RCW 28B.10.660 (graduate service appointment health insurance).

 

    NEW SECTION.  Sec. 608.  FOR THE EVERGREEN STATE COLLEGE

General Fund Appropriation (FY 1996)........... $       18,436,000

General Fund Appropriation (FY 1997)........... $       18,504,000

           TOTAL APPROPRIATION................. $       36,940,000

 

    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 minority students and faculty.

    (3) $58,000 of the general fund appropriation is provided for new building operations and maintenance and shall be placed in reserve and expended only pursuant to allotment authority provided by the office of financial management.

 

    NEW SECTION.  Sec. 609.  FOR WESTERN WASHINGTON UNIVERSITY

General Fund Appropriation (FY 1996)........... $       42,533,000

General Fund Appropriation (FY 1997)........... $       43,173,000

Health Services Account Appropriation.......... $          200,000

           TOTAL APPROPRIATION................. $       85,906,000

 

    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 minority students and faculty.

    (3) $200,000 of the health services account appropriation is provided solely for health benefits for teaching and research assistants pursuant to RCW 28B.10.660 (graduate service appointment health insurance).

    (4) $275,000 of the general fund appropriation is provided for new building operations and maintenance and shall be placed in reserve and expended only pursuant to allotment authority provided by the office of financial management.

 

    NEW SECTION.  Sec. 610.  FOR THE HIGHER EDUCATION COORDINATING BOARD‑-POLICY COORDINATION AND ADMINISTRATION

General Fund‑-State Appropriation (1996)........                 $...................................... 1,933,000

General Fund‑-State Appropriation (1997)........                 $...................................... 1,811,000

General Fund‑-Federal Appropriation.............                 $.................................. 1,073,000

           TOTAL APPROPRIATION................. $        4,817,000

 

    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:  $560,000 of the general fund‑-state appropriation is provided solely for enrollment to implement RCW 28B.80.570 through 28B.80.580 (timber dependent communities).  The number of students served shall be 50 full-time equivalent students per fiscal year.  The higher education coordinating board (HECB) in cooperation with the state board for community and technical college education (SBCTC) shall review the outcomes of the timber program and report to the governor and legislature by November 1, 1995.  The review should include programs administered by the HECB and SBCTC. The review should address student satisfaction, academic success, and employment success resulting from expenditure of these funds.  The boards should consider a broad range of recommendations, from strengthening the program with existing resources to terminating the program.

 

    NEW SECTION.  Sec. 611.  FOR THE HIGHER EDUCATION COORDINATING BOARD‑-FINANCIAL AID AND GRANT PROGRAMS

General Fund‑-State Appropriation (1996)........                 $...................................... 71,412,000

General Fund‑-State Appropriation (1997)........                 $...................................... 71,613,000

General Fund‑-Federal Appropriation.............                 $.................................. 3,579,000

State Educational Grant Account Appropriation...                 $ 40,000

Health Services Account Appropriation.......... $        2,230,000

           TOTAL APPROPRIATION................. $      148,874,000

 

    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) $431,000 of the general fund‑-state appropriation is provided solely for the western interstate commission for higher education.

    (3) $230,000 of the health services account appropriation is provided solely for the health personnel resources plan.

    (4) $2,000,000 of the health services account appropriation is provided solely for scholarships and loans under chapter 28B.115 RCW, the health professional conditional scholarship program.  This amount shall be deposited to the health professional loan repayment and scholarship trust fund to carry out the purposes of the program.

    (5) $140,543,000 of the general fund‑-state appropriation is provided solely for student financial aid, including all administrative costs.  Of this amount:

    (a) $110,504,000 is provided solely for the state need grant 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 $2,650,000 may be expended for financial aid administration, excluding the four percent state work study program administrative allowance provision;

    (e) $633,000 is provided solely for the educator's excellence awards;

    (f) $876,000 is provided solely to implement the Washington scholars program pursuant to Second Substitute House Bill No. 1318 or substantially similar legislation (Washington scholars program); and

    (g) $680,000 is provided solely to implement Substitute House Bill No. 1814 (Washington award for vocational excellence).  If the bill is not enacted by June 30, 1995, the amount provided in this subsection (g) shall lapse.

 

    NEW SECTION.  Sec. 612.  FOR THE JOINT CENTER FOR HIGHER EDUCATION

General Fund Appropriation (FY 1996)........... $        1,127,000

General Fund Appropriation (FY 1997)........... $        1,311,000

           TOTAL APPROPRIATION................. $        2,438,000

 

    The appropriation in this section is subject to the following conditions and limitations:  $765,000 of the general fund appropriation is provided for new building operations and maintenance and shall be placed in reserve and expended only pursuant to allotment authority provided by the office of financial management.

 

    NEW SECTION.  Sec. 613.  FOR THE WORK FORCE TRAINING AND EDUCATION COORDINATING BOARD

General Fund‑-State Appropriation (FY 1996).... $        1,634,000

General Fund‑-State Appropriation (FY 1997).... $        1,634,000

General Fund‑-Federal Appropriation.............                 $.................................. 34,641,000

           TOTAL APPROPRIATION................. $       37,909,000

 

    NEW SECTION.  Sec. 614.  FOR WASHINGTON STATE LIBRARY

General Fund‑-State Appropriation (FY 1996)......... $   7,069,000

General Fund‑-State Appropriation (1997)........                 $...................................... 7,071,000

General Fund‑-Federal Appropriation.............                 $.................................. 4,799,000

General Fund‑-Private/Local Appropriation...... $           46,000

Industrial Insurance Premium Refund Account

    Appropriation.............................. $            7,000

           TOTAL APPROPRIATION................. $       18,992,000

 

    The appropriations in this section are subject to the following conditions and limitations:  $2,439,516 of the general fund‑-state appropriation and federal funds are provided for a contract with the Seattle public library for library services for the Washington book and braille library.

 

    NEW SECTION.  Sec. 615.  FOR THE WASHINGTON STATE ARTS COMMISSION

General Fund‑-State Appropriation (1996)........                 $...................................... 2,236,000

General Fund‑-State Appropriation (1997)........                 $...................................... 1,929,000

General Fund‑-Federal Appropriation.............                 $ 934,000

Industrial Insurance Premium Refund Account

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

           TOTAL APPROPRIATION................. $        5,100,000

 

    NEW SECTION.  Sec. 616.  FOR THE WASHINGTON STATE HISTORICAL SOCIETY

General Fund Appropriation (FY 1996)........... $        1,965,000

General Fund Appropriation (FY 1997)........... $        2,186,000

           TOTAL APPROPRIATION................. $        4,151,000

 

    The appropriation in this section is subject to the following conditions and limitations:  $1,731,000 is provided solely for the new Washington state historical society operations and maintenance located in Tacoma.

 

    NEW SECTION.  Sec. 617.  FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY

General Fund Appropriation (FY 1996)........... $          473,000

General Fund Appropriation (FY 1997)........... $          473,000

           TOTAL APPROPRIATION................. $          946,000

 

    NEW SECTION.  Sec. 618.  FOR THE STATE SCHOOL FOR THE BLIND

General Fund‑-State Appropriation (1996)........                 $...................................... 3,421,000

General Fund‑-State Appropriation (1997)........                 $...................................... 3,440,000

Industrial Insurance Premium Refund Account

    Appropriation.............................. $            7,000

           TOTAL APPROPRIATION................. $        6,868,000

 

    NEW SECTION.  Sec. 619.  FOR THE STATE SCHOOL FOR THE DEAF

General Fund‑-State Appropriation (1996)........                 $...................................... 6,182,000

General Fund‑-State Appropriation (1997)........                 $...................................... 6,215,000

Industrial Insurance Premium Refund Account

    Appropriation....... ...................... $           15,000

           TOTAL APPROPRIATION................. $       12,412,000

 

                           (End of part)


 

 

                             PART VII

                      SPECIAL APPROPRIATIONS

 

    NEW SECTION.  Sec. 701.  FOR THE STATE TREASURER‑-BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES:  FOR GENERAL FUND BOND DEBT

General Fund Appropriation..................... $      852,281,000

State Building and Construction Account

    Appropriation.............................. $       21,500,000

               TOTAL APPROPRIATION............. $      873,781,000

 

    The general fund appropriation is for deposit into the account listed in section 801 of this act.

 

    NEW SECTION.  Sec. 702.  FOR THE STATE TREASURER‑-BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES:  FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED BY ENTERPRISE ACTIVITIES

State Convention and Trade Center Account

    Appropriation.............................. $       24,179,000

Accident Account Appropriation..................                 $............................. 5,548,000

Medical Account Appropriation.................. $        5,548,000

               TOTAL APPROPRIATION............. $       35,275,000

 

    NEW SECTION.  Sec. 703.  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..................... $       37,031,000

Higher Education Reimbursable Construction Account

     Appropriation............................. $          197,000

Community College Capital Construction Bond

     Retirement Fund 1975 Appropriation........ $          450,000

Higher Education Bond Retirement Fund 1979

     Appropriation............................. $        2,887,000

               TOTAL APPROPRIATION............. $       40,565,000

 

    NEW SECTION.  Sec. 704.  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.............................. $        6,923,000

State Building and Parking Bond Redemption

    Fund 1969 Appropriation.................... $        2,453,000

               TOTAL APPROPRIATION............. $        9,376,000

 

    NEW SECTION.  Sec. 705.  FOR THE STATE TREASURER‑-BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES:  FOR BOND SALE EXPENSES

General Fund Appropriation..................... $        1,535,000

State Convention and Trade Center Account

    Appropriation.............................. $           15,000

State Building Construction Account

    Appropriation.............................. $          364,000

Higher Education Reimbursable Construction

    Account Appropriation...................... $            3,000

               TOTAL APPROPRIATION............. $        1,917,000

 

Total Bond Retirement and Interest Appropriations

    contained in sections 701 through 705 of this

    act........................................ $      960,914,000

 

    NEW SECTION.  Sec. 706.  FOR THE GOVERNOR‑-FOR TRANSFER TO THE TORT CLAIMS REVOLVING FUND

General Fund Appropriation (FY 1996)........... $        1,815,000

General Fund Appropriation (FY 1997)........... $        1,815,000

Wildlife Fund Appropriation.................... $           78,000

               TOTAL APPROPRIATION............. $        3,708,000

 

    NEW SECTION.  Sec. 707.  FOR THE GOVERNOR‑-AMERICANS WITH DISABILITIES ACT

Americans with Disabilities Special Revolving Fund

    Appropriation.............................. $          426,000

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

    (1) The appropriation shall be used solely to fund requests from state agencies complying with the program requirements of the federal Americans with disabilities act.  This appropriation will be administered by the office of financial management and will be apportioned to agencies meeting distribution criteria.

    (2) To facilitate payment from special funds dedicated to agency programs receiving allocations under this section, the state treasurer is directed to transfer sufficient moneys from the special funds to the Americans with disabilities special revolving fund, hereby created in the state treasury, in accordance with schedules provided by the office of financial management.

 

    NEW SECTION.  Sec. 708.  FOR THE GOVERNOR‑-TORT DEFENSE SERVICES

General Fund Appropriation (FY 1996)........... $          965,000

General Fund Appropriation (FY 1997)........... $          966,000

           TOTAL APPROPRIATION................. $                

Special Fund Agency Tort Defense Services

    Revolving Fund Appropriation....... ........ $        1,287,000

               TOTAL APPROPRIATION ............ $        3,218,000

 

    The appropriations in this section are subject to the following conditions and limitations:  To facilitate payment of tort defense services from special funds, the state treasurer is directed to transfer sufficient moneys from each special fund to the special fund agency tort defense services revolving fund, in accordance with schedules provided by the office of financial management.  The governor shall distribute the moneys appropriated in this section to agencies to pay  for tort defense services.

 

    NEW SECTION.  Sec. 709.  FOR THE OFFICE OF FINANCIAL MANAGEMENT‑-EMERGENCY FUND

General Fund Appropriation (FY 1996)........... $          850,000

General Fund Appropriation (FY 1997)........... $          850,000

           TOTAL APPROPRIATION................. $        1,700,000

 

    The appropriation in this section is for the governor's emergency fund for the critically necessary work of any agency.

 

    NEW SECTION.  Sec. 710.  BELATED CLAIMS.  The agencies and institutions of the state may expend moneys appropriated in this act, upon approval of the office of financial management, for the payment of supplies and services furnished to the agency or institution in prior fiscal biennia.

 

    NEW SECTION.  Sec. 711.  FOR THE GOVERNOR‑-COMPENSATION‑-INSURANCE BENEFITS

General Fund‑-State Appropriation (FY 1996).... $        2,390,000

General Fund‑-State Appropriation (FY 1997).... $        2,561,000

General Fund‑-Federal Appropriation.............                 $.................................. 1,835,000

General Fund‑-Private/Local Appropriation...... $          136,000

Salary and Insurance Increase Revolving Account

    Appropriation.............................. $        4,105,000

    TOTAL APPROPRIATION........................ $       11,027,000

 

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

    (1)(a) The monthly contribution for insurance benefit premiums shall not exceed $308.14 per eligible employee for fiscal year 1996, and $308.96 for fiscal year 1997.

    (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 $5.81 per eligible employee for fiscal year 1996, and $5.55 for fiscal year 1997.

    (c) Surplus moneys accruing to the public employees' and retirees' insurance account due to lower-than-projected insurance costs or due to employee waivers of coverage may not be reallocated by the health care authority to increase the actuarial value of public employee insurance plans.  Such funds shall be held in reserve in the public employees' and retirees' insurance account and may not be expended without subsequent legislative authorization.

    (d) In order to achieve the level of funding provided for health benefits, the public employees' benefits board may require employee premium co-payments, increase point-of-service cost sharing, and/or implement managed competition.

    (2) 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.

    (3) The health care authority, subject to the approval of the public employees' benefits board, shall provide subsidies for health benefit premiums to eligible retired or disabled public employees and school district employees who are eligible for parts A and B of medicare, pursuant to RCW 41.05.085.  From July 1, 1995, through December 31, 1995, the subsidy shall be $34.20 per month.  From January 1, 1996, through December 31, 1996, the subsidy shall be $36.77 per month.  Starting January 1, 1997, the subsidy shall be $39.52 per month.

    (4) Technical colleges, school districts, and educational service districts shall remit to the health care authority for deposit in the public employees' and retirees' insurance account established in RCW 41.05.120:

    (a) For each full-time employee, $14.79 per month beginning October 1, 1995, and $14.80 per month beginning September 1, 1996;

    (b) For each part-time employee who, at the time of the remittance, is employed in an eligible position as defined in RCW 41.32.010 or 41.40.010 and is eligible for employer fringe benefit contributions for basic benefits, $14.79 each month beginning October 1, 1995, and $14.80 each month beginning September 1, 1996, prorated by the proportion of employer fringe benefit contributions for a full-time employee that the part-time employee receives.

    The remittance requirements specified in this subsection shall not apply to employees of a technical college, school district, or educational service district who purchase insurance benefits through contracts with the health care authority.

    (5) The salary and insurance increase revolving account appropriation includes funds sufficient to fund health benefits for ferry workers at the premium levels specified in subsection (1) of this section, consistent with the 1995-97 transportation appropriations act.

    (6) Rates charged to school districts voluntarily purchasing employee benefits through the health care authority shall be equivalent to the actual insurance costs of benefits and administration costs for state and higher education employees except:

    (a) The health care authority is authorized to reduce rates charged to school districts for up to 10,000 new subscribers by applying surplus funds accumulated in the public employees' and retirees' insurance account.  Rates may be reduced up to a maximum of $10.93 per subscriber per month in fiscal year 1996 and a maximum of $7.36 per subscriber per month in fiscal year 1997; and

    (b) For employees who first begin receiving benefits through the health care authority after September 1, 1995, districts shall remit the additional costs of health care authority administration resulting from their enrollment.  The additional health care authority administration costs shall not exceed $.30 per month per subscriber.

 

    NEW SECTION.  Sec. 712.  FOR THE DEPARTMENT OF RETIREMENT SYSTEMS‑-CONTRIBUTIONS TO RETIREMENT SYSTEMS

    The appropriations in this section are subject to the following conditions and limitations:  The appropriations shall be made on a quarterly basis.

    (1) There is appropriated for state contributions to the law enforcement officers' and fire fighters' retirement system:

                                       FY 1996            FY 1997

General Fund Appropriation........ $    87,500,000       87,500,000

 

    (2) There is appropriated for contributions to the judicial retirement system:

                                       FY 1996            FY 1997

General Fund Appropriation........ $    6,500,000         6,500,000

 

    (3) There is appropriated for contributions to the judges retirement system:

                                       FY 1996            FY 1997

General Fund Appropriation........ $    800,000             800,000

 

    NEW SECTION.  Sec. 713.  FOR THE OFFICE OF FINANCIAL MANAGEMENT‑-CONTRIBUTIONS TO RETIREMENT SYSTEMS

                                        FY 1996            FY 1997

General Fund‑-State

    Appropriation................. $    1,007,000         1,224,000

General Fund‑-Federal

    Appropriation................. $      367,000           447,000

Special Account Retirement Contribution

    Increase Revolving Account

    Appropriation................. $      904,000         1,089,000

           TOTAL APPROPRIATION.... $                      5,038,000

 

    The appropriations in this section are subject to the following conditions and limitations:  The appropriations in this section are provided solely to pay the increased retirement contributions resulting from enactment of Substitute Senate Bill No. 5119 (uniform COLA).  If the bill is not enacted by June 30, 1995, the amounts provided in this section shall lapse.

 

    NEW SECTION.  Sec. 714.  SALARY COST OF LIVING ADJUSTMENT

General Fund‑-State Appropriation (FY 1996).... $       36,020,000

General Fund‑-State Appropriation (FY 1997).... $       36,590,000

General Fund‑-Federal Appropriation.............                 $.................................. 29,603,000

Salary and Insurance Increase Revolving Account

    Appropriation.............................. $       60,213,000

               TOTAL APPROPRIATION............. $      162,426,000

 

    The appropriations in this section shall be expended solely for the purposes designated in this section and are subject to the conditions and limitations in this section.

    (1) In addition to the purposes set forth in subsections (2), (3), and (4) of this section, appropriations in this section are provided solely for a 4.0 percent salary increase effective July 1, 1995, for all classified employees (including those employees in the Washington management service) and exempt employees under the jurisdiction of the personnel resources board.

    (2) The appropriations in this section are sufficient to fund a 4.0 percent salary increase for general government, legislative, and judicial employees exempt from merit system rules whose salaries are not set by the commission on salaries for elected officials.

    (3) The salary and insurance increase revolving account appropriation in this section includes funds sufficient to fund a 4.0 percent cost-of-living adjustment, effective July 1, 1995, for ferry workers consistent with the 1995-97 transportation appropriations act.

    (4) The appropriations in this section include funds sufficient to fund the salary increases approved by the commission on salaries for elected officials for legislators and judges.

    (5) No salary increase may be paid under this section to any person whose salary has been Y-rated pursuant to rules adopted by the personnel resources board.

 

    NEW SECTION.  Sec. 715.  FOR THE ATTORNEY GENERAL‑-SALARY ADJUSTMENTS

General Fund Appropriation (FY 1996)........... $        1,129,000

General Fund Appropriation (FY 1997)........... $        1,129,000

Attorney General Salary Increase Revolving

    Account Appropriation...................... $        1,542,000

               TOTAL APPROPRIATION............. $        3,800,000

 

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

    (1) The appropriations are provided solely for increases in salaries and related benefits of assistant attorneys general.  The attorney general shall distribute these funds in a manner that will maintain or increase the quality and experience of the attorney general's staff.  Market value, specialization, retention, and merit (including billable hours) shall be the factors in determining the distribution of these funds.

    (2) 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 attorney general salary increase revolving account, hereby created in the state treasury, in accordance with schedules provided by the office of financial management.

 

    NEW SECTION.  Sec. 716.  SALARY INCREMENT INCREASES.  General government and higher education general service employees whose salaries were frozen in the 1993-95 biennium and who are below the top step of their salary range will receive a step increase on their next periodic increment date on or after July 1, 1995.  Thereafter, periodic increments will occur on the subsequent increment dates.  Affected Washington management service (WMS) employees may receive increments as provided in the pertinent WMS rules on or after July 1, 1995.  Civil service exempt employees who are below the top step may receive an increase at the discretion of the relevant appointing authority.

 

    NEW SECTION.  Sec. 717.  INCREMENT SALARY INCREASES.  The appropriations in Parts I through VI of this act to the agencies and institutions of the state contain $28,000,000 from the general fund‑-state and $34,000,000 from other funds for the purposes of providing increment salary increases for longevity to employees of the state pursuant to RCW 41.06.150(18), chapter 41.56 RCW, and other statutes.  This amount will provide average salary increases of 1.0 percent during the 1995-97 biennium.

 

    NEW SECTION.  Sec. 718.  FOR THE OFFICE OF FINANCIAL MANAGEMENT‑-COMPENSATION ACTIONS OF PERSONNEL RESOURCES BOARD

General Fund Appropriation (FY 1997)........... $        5,000,000

Salary and Insurance Increase Revolving

    Account Appropriation (FY 1997).............                 $    5,000,000

               TOTAL APPROPRIATION............. $       10,000,000

 

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

    (1) The appropriations in this section shall be expended solely for the purposes designated in section 911 of this act.

    (2) In addition to the moneys appropriated in this section, state agencies may expend up to an additional $2,500,000 from other general fund‑-state appropriations in this act and $2,500,000 from appropriations from other funds and accounts for the purposes and under the procedures designated in section 911 of this act.

 

                           (End of part)


 

 

                             PART VIII

                OTHER TRANSFERS AND APPROPRIATIONS

 

    NEW SECTION.  Sec. 801.  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

State General Obligation Bond Retirement Fund 1979

    Fund Appropriation......................... $      852,281,000

 

    The total expenditures from the state treasury under the appropriation in this section and the general fund appropriation in section 701 of this act shall not exceed the total appropriation in this section.

 

    NEW SECTION.  Sec. 802.  FOR THE STATE TREASURER‑-BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES:  FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED BY AS PRESCRIBED BY STATUTE

State General Obligation Bond Retirement Fund 1979

    Appropriation................. ............ $       37,031,000

 

    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.

 

    NEW SECTION.  Sec. 803.  FOR THE STATE TREASURER‑-STATE REVENUES FOR DISTRIBUTION

General Fund Appropriation for fire insurance

    premiums distribution...................... $        6,025,000

General Fund Appropriation for public utility

    district excise tax distribution........... $       29,885,000

General Fund Appropriation for prosecuting

    attorneys’ salaries........................ $        2,800,000

General Fund Appropriation for motor vehicle

    excise tax distribution.................... $       72,684,000

General Fund Appropriation for local mass

    transit assistance......................... $      335,869,000

General Fund Appropriation for camper and

    travel trailer excise tax distribution..... $        3,554,000

General Fund Appropriation for boating

    safety/education and law enforcement

    distribution............................... $        3,224,000

General Fund Appropriation for public health

    distribution............................... $       36,465,000

Aquatic Lands Enhancement Account Appropriation

    for harbor improvement revenue

    distribution............................... $          130,000

Liquor Excise Tax Account Appropriation for

    liquor excise tax distribution............. $       22,185,000

Liquor Revolving Fund Appropriation for liquor

    profits distribution....................... $       42,778,000

Timber Tax Distribution Account Appropriation

    for distribution to "Timber" counties...... $      115,950,000

Municipal Sales and Use Tax Equalization Account

    Appropriation.............................. $       58,181,000

County Sales and Use Tax Equalization Account

    Appropriation.............................. $       12,940,000

Death Investigations Account Appropriation

    for distribution to counties for publicly

    funded autopsies........................... $        1,200,000

County Criminal Justice Account Appropriation...                 $........................................... 69,940,000

Municipal Criminal Justice Account

    Appropriation.............................. $       27,972,000

County Public Health Account Appropriation..... $       29,709,000

               TOTAL APPROPRIATION............. $      871,491,000

 

    The total expenditures from the state treasury under the appropriations in this section shall not exceed the funds available under statutory distributions for the stated purposes.

 

    NEW SECTION.  Sec. 804.  FOR THE STATE TREASURER‑-FEDERAL REVENUES FOR DISTRIBUTION

Forest Reserve Fund Appropriation for federal

    forest reserve fund distribution........... $       50,740,000

General Fund Appropriation for federal flood

    control funds distribution..................                 $ 48,000

General Fund Appropriation for federal grazing 

    fees distribution.......................... $           73,000

General Fund Appropriation for distribution of

    federal funds to counties in conformance with

    P.L. 97-99 Federal Aid to Counties......... $          220,000

               TOTAL APPROPRIATION............. $       51,081,000

 

    The total expenditures from the state treasury under the appropriations in this section shall not exceed the funds available under statutory distributions for the stated purposes.

 

    NEW SECTION.  Sec. 805.  FOR THE STATE TREASURER‑-TRANSFERS

Public Works Assistance Account:  For transfer to the

    Flood Control Assistance Account........... $        4,000,000

General Fund:  For transfer to the Natural Resources

New Motor Vehicle Arbitration Account:  For transfer to

    the Public Safety and Education Account.... $        3,200,000

    Fund‑-Water Quality Account................ $       18,471,000

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.................................... $       25,000,000

Water Quality Account:  For transfer to the Water

    Right Permit Processing Account.............                 $ 500,000

Trust Land Purchase Account:  For transfer to the Parks

    Renewal and Stewardship Account.............                 $    1,304,000

General Government Special Revenue Fund‑-State

    Treasurer's Service Account:  For transfer to

    the general fund on or before June 30, 1997,

    an amount up to $7,361,000 in excess of the

    cash requirements of the state treasurer’s

    service account............................ $        7,361,000

Health Services Account:  For transfer to the

    Public Health Services Account............. $       26,003,000

Public Health Services Account:  For transfer to

    the County Public Health Account........... $        2,250,000

Public Works Assistance Account:  For transfer to the

    Growth Management Planning and Environmental

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

Basic Health Plan Trust Account:  For transfer to

    the General Fund‑-State Account (FY 1996)...                 $    2,664,778

Basic Health Plan Trust Account:  For transfer to

    the General Fund‑-State Account (FY 1997)...                 $    2,664,778

Oil Spill Response Account:  For transfer to

    the Oil Spill Administration Account........                 $    1,718,000

 

    NEW SECTION.  Sec. 806.  FOR THE DEPARTMENT OF RETIREMENT SYSTEMS‑-TRANSFERS

General Fund Appropriation:  For transfer to

    the department of retirement systems expense

    fund............................... ........ $           18,000

 

 

    NEW SECTION.  Sec. 807.  FOR COMMON SCHOOL CONSTRUCTION.  The sum of one hundred and ten million dollars is appropriated from the general fund to the common school construction fund for the purposes under RCW 28A.515.320.

    This section 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.

 

                           (End of part)


 

 

                              PART IX

                           MISCELLANEOUS

 

    NEW SECTION.  Sec. 901.  EXPENDITURE AUTHORIZATIONS.  The appropriations contained in this act are maximum expenditure authorizations.  Pursuant to RCW 43.88.037, moneys disbursed from the treasury on the basis of a formal loan agreement shall be recorded as loans receivable and not as expenditures for accounting purposes.  To the extent that moneys are disbursed on a loan basis, the corresponding appropriation shall be reduced by the amount of loan moneys disbursed from the treasury during the 1995-97 biennium.

 

    NEW SECTION.  Sec. 902.  INFORMATION SYSTEMS PROJECTS.  Agencies shall comply with the following requirements regarding information systems projects when specifically directed to do so by this act.

    (1) The agency shall produce a feasibility study for each information systems project in accordance with published department of information services instructions.  In addition to department of information services requirements, the study shall examine and evaluate the costs and benefits of maintaining the status quo and the costs and benefits of the proposed project.  The study shall identify when and in what amount any fiscal savings will accrue, and what programs or fund sources will be affected.

    (2) The agency shall produce a project management plan for each project.  The plan or plans shall address all factors critical to successful completion of each project.  The plan shall include, but is not limited to, the following elements:  A description of the problem or opportunity that the information systems project is intended to address; a statement of project objectives and assumptions; definition of phases, tasks, and activities to be accomplished and the estimated cost of each phase; a description of how the agency will facilitate responsibilities of oversight agencies; a description of key decision points in the project life cycle; a description of variance control measures; a definitive schedule that shows the elapsed time estimated to complete the project and when each task is to be started and completed; and a description of resource requirements to accomplish the activities within specified time, cost, and functionality constraints.

    (3) A copy of each feasibility study and project management plan shall be provided to the department of information services, the office of financial management, and legislative fiscal committees.  Authority to expend any funds for individual information systems projects is conditioned on approval of the relevant feasibility study and project management plan by the department of information services and the office of financial management.

    (4) A project status report shall be submitted to the department of information services, the office of financial management, and legislative fiscal committees for each project prior to reaching key decision points identified in the project management plan.  Project status reports shall examine and evaluate project management, accomplishments, budget, action to address variances, risk management, costs and benefits analysis, and other aspects critical to completion of a project.

    Work shall not commence on any task in a subsequent phase of a project until the status report for the preceding key decision point has been approved by the department of information services and the office of financial management.

    (5) If a project review is requested in accordance with department of information services policies, the reviews shall examine and evaluate:  System requirements specifications; scope; system architecture; change controls; documentation; user involvement; training; availability and capability of resources; programming languages and techniques; system inputs and outputs; plans for testing, conversion, implementation, and postimplementation; and other aspects critical to successful construction, integration, and implementation of automated systems.  Copies of project review written reports shall be forwarded to the office of financial management and appropriate legislative committees by the agency.

    (6) A written postimplementation review report shall be prepared by the agency for each information systems project in accordance with published department of information services instructions.  In addition to the information requested pursuant to the department of information services instructions, the postimplementation report shall evaluate the degree to which a project accomplished its major objectives including, but not limited to, a comparison of original cost and benefit estimates to actual costs and benefits achieved.  Copies of the postimplementation review report shall be provided to the department of information services, the office of financial management, and appropriate legislative committees.

 

    NEW SECTION.  Sec. 903.  VIDEO TELECOMMUNICATIONS.  The department of information services shall act as lead agency in coordinating video telecommunications services for state agencies.  As lead agency, the department shall develop standards and common specifications for leased and purchased telecommunications equipment and assist state agencies in developing a video telecommunications expenditure plan.  No agency may spend any portion of any appropriation in this act for new video telecommunication equipment, new video telecommunication transmission, or new video telecommunication programming, or for expanding current video telecommunication systems without first complying with chapter 43.105 RCW, including but not limited to, RCW 43.105.041(2), and without first submitting a video telecommunications expenditure plan, in accordance with the policies of the department of information services, for review and assessment by the department of information services under RCW 43.105.052.  Prior to any such expenditure by a public school, a video telecommunications expenditure plan shall be approved by the superintendent of public instruction.  The office of the superintendent of public instruction shall submit the plans to the department of information services in a form prescribed by the department.  The office of the superintendent of public instruction shall coordinate the use of video telecommunications in public schools by providing educational information to local school districts and shall assist local school districts and educational service districts in telecommunications planning and curriculum development.  Prior to any such expenditure by a public institution of postsecondary education, a telecommunications expenditure plan shall be approved by the higher education coordinating board.  The higher education coordinating board shall coordinate the use of video telecommunications for instruction and instructional support in postsecondary education, including the review and approval of instructional telecommunications course offerings.

 

    NEW SECTION.  Sec. 904.  EMERGENCY FUND ALLOCATIONS.  Whenever allocations are made from the governor's emergency fund appropriation to an agency that is financed in whole or in part by other than general fund moneys, the director of financial management may direct the repayment of such allocated amount to the general fund from any balance in the fund or funds which finance the agency.  No appropriation shall be necessary to effect such repayment.

 

    NEW SECTION.  Sec. 905.  STATUTORY APPROPRIATIONS.  In addition to the amounts appropriated in this act for revenues for distribution, state contributions to the law enforcement officers' and fire fighters' retirement system, and bond retirement and interest including ongoing bond registration and transfer charges, transfers, interest on registered warrants, and certificates of indebtedness, there is also appropriated such further amounts as may be required or available for these purposes under any statutory formula or under chapter 39.96 RCW or any proper bond covenant made under law.

 

    NEW SECTION.  Sec. 906.  BOND EXPENSES.  In addition to such other appropriations as are made by this act, there is hereby appropriated to the state finance committee from legally available bond proceeds in the applicable construction or building funds and accounts such amounts as are necessary to pay the expenses incurred in the issuance and sale of the subject bonds.

 

    NEW SECTION.  Sec. 907.  LEGISLATIVE FACILITIES.  Notwithstanding RCW 43.01.090, the house of representatives, the senate, and the permanent statutory committees shall pay expenses quarterly to the department of general administration facilities and services revolving fund for services rendered by the department for operations, maintenance, and supplies relating to buildings, structures, and facilities used by the legislature for the biennium beginning July 1, 1995.

 

    NEW SECTION.  Sec. 908.  AGENCY RECOVERIES.  Except as otherwise provided by law, recoveries of amounts expended pursuant to an appropriation, including but not limited to, payments for material supplied or services rendered under chapter 39.34 RCW, may be expended as part of the original appropriation of the fund to which such recoveries belong, without further or additional appropriation.  Such expenditures shall be subject to conditions and procedures prescribed by the director of financial management.  The director may authorize expenditure with respect to recoveries accrued but not received, in accordance with generally accepted accounting principles, except that such recoveries shall not be included in revenues or expended against an appropriation for a subsequent fiscal period.  This section does not apply to the repayment of loans, except for loans between state agencies.

 

    NEW SECTION.  Sec. 909.  GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.  The appropriations of moneys and the designation of funds and accounts by this and other acts of the 1995 legislature shall be construed in a manner consistent with legislation enacted by the 1985, 1987, 1989, 1991, and 1993 legislatures to conform state funds and accounts with generally accepted accounting principles.

 

    Sec. 910.  RCW 19.118.110 and 1995 c . . . s 7 (ESSB 5629) are each amended to read as follows:

    A three-dollar arbitration fee shall be collected by either the new motor vehicle dealer or vehicle lessor from the consumer upon execution of a retail sale or lease agreement.  The fee shall be forwarded to the department of licensing at the time of title application for deposit in the new motor vehicle arbitration account hereby created in the state treasury.  Moneys in the account shall be used for the purposes of this chapter, subject to appropriation.  During the 1995-97 fiscal biennium, the legislature may transfer moneys from the account to the extent that the moneys are not necessary for the purposes of this chapter.

    At the end of each fiscal year, the attorney general shall prepare a report listing the annual revenue generated and the expenses incurred in implementing and operating the arbitration program under this chapter.

 

    Sec. 911.  RCW 41.06.150 and 1993 sp.s. c 24 s 913 and 1993 c 281 s 27 are each reenacted and amended to read as follows:

    The board shall adopt rules, consistent with the purposes and provisions of this chapter, as now or hereafter amended, and with the best standards of personnel administration, regarding the basis and procedures to be followed for:

    (1) The reduction, dismissal, suspension, or demotion of an employee;

    (2) Certification of names for vacancies, including departmental promotions, with the number of names equal to six more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists:  PROVIDED, That when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;

    (3) Examinations for all positions in the competitive and noncompetitive service;

    (4) Appointments;

    (5) Training and career development;

    (6) Probationary periods of six to twelve months and rejections of probationary employees, depending on the job requirements of the class, except that entry level state park rangers shall serve a probationary period of twelve months;

    (7) Transfers;

    (8) Sick leaves and vacations;

    (9) Hours of work;

    (10) Layoffs when necessary and subsequent reemployment, both according to seniority;

    (11) Determination of appropriate bargaining units within any agency:  PROVIDED, That in making such determination the board shall consider the duties, skills, and working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among the employees, and the desires of the employees;

    (12) Certification and decertification of exclusive bargaining representatives:  PROVIDED, That after certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal:  PROVIDED FURTHER, That no more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment:  PROVIDED FURTHER, That for purposes of this clause, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights:  AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his or her individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;

    (13) Agreements between agencies and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the appropriate bargaining unit of such agency may lawfully exercise discretion;

    (14) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the appointing authority and the employee organization:  PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his or her official duties;

    (15) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position.  ((However, beginning July 1, 1993, through June 30, 1995,)) The board shall not adopt job classification revisions or class studies unless implementation of the proposed revision or study will result in net cost savings, increased efficiencies, or improved management of personnel or services, and the proposed revision or study has been approved by the director of financial management in accordance with chapter 43.88 RCW.  Beginning July 1, 1995, through June 30, 1997:

    (a) The board may approve the implementation of salary increases resulting from adjustments to the classification plan during the 1995-97 fiscal biennium only if:

    (i) The implementation will not result in additional net costs and the proposed implementation has been approved by the director of financial management in accordance with chapter 43.88 RCW;

    (ii) The implementation will take effect on July 1, 1996, and the total net cost of all such actions approved by the board for implementation during the 1995-97 fiscal biennium does not exceed the amounts specified by the legislature specifically for this purpose; or

    (iii) The implementation is a result of emergent conditions.  Emergent conditions are defined as newly mandated programs for which moneys are not appropriated, establishment of positions necessary for the preservation of the public health, safety, or general welfare, and related issues which do not exceed $250,000 of the moneys identified in section 718(2) of this act.

    (b) The board may approve the implementation of salary increases resulting from adjustments to the classification plan for implementation in the 1997-99 fiscal biennium only if the implementation will not result in additional net costs or the implementation has been approved by the legislature in the omnibus appropriations act or other legislation.

    (c) The board shall approve only those salary increases resulting from adjustments to the classification plan if they are due to documented recruitment and retention difficulties, salary compression or inversion, increased duties and responsibilities, or inequities.  For these purposes, inequities are defined as similar work assigned to different job classes with a salary disparity greater than 7.5 percent.

    (d) Adjustments made to the higher education hospital special pay plan are exempt from (a) through (c) of this subsection;

    (16) Allocation and reallocation of positions within the classification plan;

    (17) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155 and that, for institutions of higher education and related boards, shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located, such adoption and revision subject to approval by the director of financial management in accordance with the provisions of chapter 43.88 RCW;

    (18) Increment increases within the series of steps for each pay grade based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service.  ((However, beginning July 1, 1993, through June 30, 1995, increment increases shall not be provided to any classified or exempt employees under the jurisdiction of the board whose monthly salary on or after July 1, 1993, exceeds three thousand seven hundred fifty dollars;))

    (19) Providing for veteran's preference as required by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their surviving spouses by giving such eligible veterans and their surviving spouses additional credit in computing their seniority by adding to their unbroken state service, as defined by the board, the veteran's service in the military not to exceed five years.  For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given:  PROVIDED, HOWEVER, That the surviving spouse of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service:  PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;

    (20) Permitting agency heads to delegate the authority to appoint, reduce, dismiss, suspend, or demote employees within their agencies if such agency heads do not have specific statutory authority to so delegate:  PROVIDED, That the board may not authorize such delegation to any position lower than the head of a major subdivision of the agency;

    (21) Assuring persons who are or have been employed in classified positions ((under chapter 28B.16 RCW)) before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter;

    (22) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress against those goals and timetables.

    The board shall consult with the human rights commission in the development of rules pertaining to affirmative action.  The department of personnel shall transmit a report annually to the human rights commission which states the progress each state agency has made in meeting affirmative action goals and timetables.

 

    Sec. 912.  RCW 43.08.250 and 1993 sp.s. c 24 s 917 are each amended to read as follows:

    The money received by the state treasurer from fees, fines, forfeitures, penalties, reimbursements or assessments by any court organized under Title 3 or 35 RCW, or chapter 2.08 RCW, shall be deposited in the public safety and education account which is hereby created in the state treasury.  The legislature shall appropriate the funds in the account to promote traffic safety education, highway safety, criminal justice training, crime victims' compensation, judicial education, the judicial information system, civil representation of indigent persons, winter recreation parking, and state game programs.  During the fiscal biennium ending June 30, ((1995)) 1997, the legislature may appropriate moneys from the public safety and education account for purposes of appellate indigent defense, the criminal litigation unit of the attorney general's office, the treatment alternatives to street crimes program, crime victims advocacy programs, justice information network telecommunication planning, sexual assault treatment, operations of the office of administrator for the courts, and Washington state patrol criminal justice activities.

 

    Sec. 913.  RCW 70.47.030 and 1993 c 492 s 210 are each amended to read as follows:

    (1) The basic health plan trust account is hereby established in the state treasury.  Any nongeneral fund-state funds collected for this program shall be deposited in the basic health plan trust account and may be expended without further appropriation.  Moneys in the account shall be used exclusively for the purposes of this chapter, including payments to participating managed health care systems on behalf of enrollees in the plan and payment of costs of administering the plan.

    During the 1995-97 fiscal biennium, the legislature may transfer funds from the basic health plan trust account to the state general fund.

    (2) The basic health plan subscription account is created in the custody of the state treasurer.  All receipts from amounts due from or on behalf of nonsubsidized enrollees shall be deposited into the account.  Funds in the account shall be used exclusively for the purposes of this chapter, including payments to participating managed health care systems on behalf of nonsubsidized enrollees in the plan and payment of costs of administering the plan.  The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

    (3) The administrator shall take every precaution to see that none of the funds in the separate accounts created in this section or that any premiums paid either by subsidized or nonsubsidized enrollees are commingled in any way, except that the administrator may combine funds designated for administration of the plan into a single administrative account.The text of the following section has been vetoed by the Governor.  It is noted in bold italic.

 

    *Sec. 914.  RCW 70.105D.070 and 1994 c 252 s 5 are each amended to read as follows:

    (1) The state toxics control account and the local toxics control account are hereby created in the state treasury.

    (2) The following moneys shall be deposited into the state toxics control account:  (a) Those revenues which are raised by the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-three one-hundredths of one percent; (b) the costs of remedial actions recovered under this chapter or chapter 70.105A RCW; (c) penalties collected or recovered under this chapter; and (d) any other money appropriated or transferred to the account by the legislature.  Moneys in the account may be used only to carry out the purposes of this chapter, including but not limited to the following activities:

    (i) The state's responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.105 RCW;

    (ii) The state's responsibility for solid waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.95 RCW;

    (iii) The hazardous waste cleanup program required under this chapter;

    (iv) State matching funds required under the federal cleanup law;

    (v) Financial assistance for local programs in accordance with chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;

    (vi) State government programs for the safe reduction, recycling, or disposal of hazardous wastes from households, small businesses, and agriculture;

    (vii) Hazardous materials emergency response training;

    (viii) Water and environmental health protection and monitoring programs;

    (ix) Programs authorized under chapter 70.146 RCW;

    (x) A public participation program, including regional citizen advisory committees;

    (xi) Public funding to assist potentially liable persons to pay for the costs of remedial action in compliance with cleanup standards under RCW 70.105D.030(2)(d) but only when the amount and terms of such funding are established under a settlement agreement under RCW 70.105D.040(4) and when the director has found that the funding will achieve both (A) a substantially more expeditious or enhanced cleanup than would otherwise occur, and (B) the prevention or mitigation of unfair economic hardship; and

    (xii) Development and demonstration of alternative management technologies designed to carry out the top two hazardous waste management priorities of RCW 70.105.150.

    (3) The following moneys shall be deposited into the local toxics control account:  Those revenues which are raised by the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-seven one-hundredths of one percent.

    (a) Moneys deposited in the local toxics control account shall be used by the department for grants or loans to local governments for the following purposes in descending order of priority:  (i) Remedial actions; (ii) hazardous waste plans and programs under chapter 70.105 RCW; and (iii) solid waste plans and programs under chapters 70.95, 70.95C, 70.95I, and 70.105 RCW.  Funds for plans and programs shall be allocated consistent with the priorities and matching requirements established in chapters 70.105, 70.95C, 70.95I, and 70.95 RCW.

    (b) Funds may also be appropriated to the department of health to implement programs to reduce testing requirements under the federal safe drinking water act for public water systems.  The department of health shall reimburse the account from fees assessed under RCW 70.119A.115 by June 30, 1995.

    (4) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the state and local toxics control accounts may be spent only after appropriation by statute.

    (5) One percent of the moneys deposited into the state and local toxics control accounts shall be allocated only for public participation grants to persons who may be adversely affected by a release or threatened release of a hazardous substance and to not-for-profit public interest organizations.  The primary purpose of these grants is to facilitate the participation by persons and organizations in the investigation and remedying of releases or threatened releases of hazardous substances and to implement the state's solid and hazardous waste management priorities.  No grant may exceed fifty thousand dollars though it may be renewed annually.  Moneys appropriated for public participation from either account which are not expended at the close of any biennium shall revert to the state toxics control account.  During the 1995-97 fiscal biennium no moneys deposited into the state and local toxics control accounts may be committed to public participation grants, except in the case where public participation grants assist in the implementation of the pilot projects established pursuant to Engrossed Substitute House Bill No. 1810.

    (6) No moneys deposited into either the state or local toxics control account may be used for solid waste incinerator feasibility studies, construction, maintenance, or operation.

    (7) The department shall adopt rules for grant or loan issuance and performance.

*Sec. 914 was vetoed.  See message at end of chapter.

 

    Sec. 915.  RCW 86.26.007 and 1993 sp.s. c 24 s 928 are each amended to read as follows:

    The flood control assistance account is hereby established in the state treasury.  At the beginning of the ((1995-97)) 1997-99 fiscal biennium and each biennium thereafter the state treasurer shall transfer from the general fund to the flood control assistance account an amount of money which, when combined with money remaining in the account from the previous biennium, will equal four million dollars.  Moneys in the flood control assistance account may be spent only after appropriation for purposes specified under this chapter.  To the extent that moneys in the flood control assistance account are not appropriated during the ((1993-95)) 1995-97 fiscal biennium for flood control assistance, the legislature may direct their transfer to the state general fund.The text of the following section has been vetoed by the Governor.  It is noted in bold italic.

 

    *NEW SECTION.  Sec. 916.  No funding appropriated in this act shall be expended to support efforts to establish the northwest marine straits sanctuary.

*Sec. 916 was vetoed.  See message at end of chapter.The text of the following section has been vetoed by the Governor.  It is noted in bold italic.

 

    *NEW SECTION.  Sec. 917.  No funding appropriated in this act shall be expended to establish or publish rules which exceed federal requirements for providing habitat protection for northern spotted owls.

*Sec. 917 was vetoed.  See message at end of chapter.

 

    Sec. 918.  RCW 43.155.050 and 1993 sp.s. c 24 s 921 are each amended to read as follows:

    The public works assistance account is hereby established in the state treasury.  Money may be placed in the public works assistance account from the proceeds of bonds when authorized by the legislature or from any other lawful source.  Money in the public works assistance account shall be used to make loans and to give financial guarantees to local governments for public works projects.  During the ((1993-95)) 1995-97 fiscal biennium, moneys in the public works assistance account may be appropriated for transfer to the flood control assistance account to be used for flood control assistance, including grants under chapter 86.26 RCW.   To the extent that moneys in the public works assistance account are not appropriated during the ((1993-95)) 1995-97 fiscal biennium for public works or flood control assistance, the legislature may direct their transfer to the state general fund.  In awarding grants under chapter 86.26 RCW, the department of ecology shall give strong preference to local governments that have:  (1) Implemented, or are in the process of implementing, an ordinance that establishes a flood plain policy that is substantially more stringent than minimum federal requirements; (2) completed a comprehensive flood control plan meeting the requirements of RCW 86.12.200; or (3) constructed, or are in the process of constructing, a system of overtopping dikes or levees that allow public access.

 

    Sec. 919.  RCW 69.50.520 and 1994 sp.s. c 7 s 910 are each amended to read as follows:

    The violence reduction and drug enforcement account is created in the state treasury.  All designated receipts from RCW 9.41.110(((5)))(7), 66.24.210(4), 66.24.290(3), 69.50.505(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 chapter 271, Laws of 1989 and chapter 7, Laws of 1994 ((1st)) sp. sess., including state incarceration costs.  After July 1, 1997, 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.

 

    Sec. 920.  RCW 70.146.020 and 1993 sp.s. c 24 s 923 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Account" means the water quality account in the state treasury.

    (2) "Department" means the department of ecology.

    (3) "Eligible cost" means the cost of that portion of a water pollution control facility that can be financed under this chapter excluding any portion of a facility's cost attributable to capacity that is in excess of that reasonably required to address one hundred ten percent of the applicant's needs for water pollution control existing at the time application is submitted for assistance under this chapter.

    (4) "Water pollution control facility" or "facilities" means any facilities or systems for the control, collection, storage, treatment, disposal, or recycling of wastewater, including but not limited to sanitary sewage, storm water, residential, commercial, industrial, and agricultural wastes, which are causing water quality degradation due to concentrations of conventional, nonconventional, or toxic pollutants.  Water pollution control facilities include all equipment, utilities, structures, real property, and interests in and improvements on real property necessary for or incidental to such purpose.  Water pollution control facilities also include such facilities, equipment, and collection systems as are necessary to protect federally designated sole source aquifers.

    (5) "Water pollution control activities" means actions taken by a public body for the following purposes:  (a) To prevent or mitigate pollution of underground water; (b) to control nonpoint sources of water pollution; (c) to restore the water quality of fresh water lakes; and (d) to maintain or improve water quality through the use of water pollution control facilities or other means.  During the ((1993-1995)) 1995-1997 fiscal biennium, "water pollution control activities" includes activities by state agencies to protect public drinking water supplies and sources.

    (6) "Public body" means the state of Washington or any agency, county, city or town, conservation district, other political subdivision, municipal corporation, quasi-municipal corporation, and those Indian tribes now or hereafter recognized as such by the federal government.

    (7) "Water pollution" means such contamination, or other alteration of the physical, chemical, or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.

    (8) "Nonpoint source water pollution" means pollution that enters any waters of the state from any dispersed water-based or land-use activities, including, but not limited to, atmospheric deposition, surface water runoff from agricultural lands, urban areas, and forest lands, subsurface or underground sources, and discharges from boats or other marine vessels.

    (9) "Sole source aquifer" means the sole or principal source of public drinking water for an area designated by the administrator of the environmental protection agency pursuant to Public Law 93-523, Sec. 1424(b).

 

    Sec. 921.  RCW 70.146.030 and 1991 sp.s. c 13 s 61 are each amended to read as follows:

    (1) The water quality account is hereby created in the state treasury.  Moneys in the account may be used only in a manner consistent with this chapter.  Moneys deposited in the account shall be administered by the department of ecology and shall be subject to legislative appropriation.  Moneys placed in the account shall include tax receipts as provided in RCW 82.24.027, 82.26.025, and 82.32.390, principal and interest from the repayment of any loans granted pursuant to this chapter, and any other moneys appropriated to the account by the legislature.

    (2) The department may use or permit the use of any moneys in the account to make grants or loans to public bodies, including grants to public bodies as cost-sharing moneys in any case where federal, local, or other funds are made available on a cost-sharing basis, for water pollution control facilities and activities, or for purposes of assisting a public body to obtain an ownership interest in water pollution control facilities and/or to defray a part of the payments made by a public body to a service provider under a service agreement entered into pursuant to RCW 70.150.060, within the purposes of this chapter and for related administrative expenses.  No more than three percent of the moneys deposited in the account may be used by the department to pay for the administration of the grant and loan program authorized by this chapter.

    (3) The department shall present a progress report each biennium on the use of moneys from the account to the chairs of the committees on ways and means of the senate and house of representatives, including one copy to the staff of each of the committees.

    (4) During the fiscal biennium ending June 30, 1997, moneys in the account may be transferred by the legislature to the water right permit processing account.

 

    Sec. 922.  RCW 74.14C.065 and 1992 c 214 s 11 are each amended to read as follows:

    Any federal funds made available under RCW 74.14C.060 shall be used to supplement and shall not supplant state funds to carry out the purposes of this chapter.  However, during the 1995-97 fiscal biennium, federal funds made available under RCW 74.14C.060 may be used to supplant state funds to carry out the purposes of this chapter.

 

    Sec. 923.  RCW 79.24.580 and 1994 c 219 s 12 are each amended to read as follows:

    After deduction for management costs as provided in RCW 79.64.040 and payments to towns under RCW 79.92.110(2), all moneys received by the state from the sale or lease of state-owned aquatic lands and from the sale of valuable material from state-owned aquatic lands shall be deposited in the aquatic lands enhancement account which is hereby created in the state treasury.  After appropriation, these funds shall be used solely for aquatic lands enhancement projects; for the purchase, improvement, or protection of aquatic lands for public purposes; for providing and improving access to such lands; and for volunteer cooperative fish and game projects.  During the fiscal biennium ending June 30, 1995, the funds may be appropriated for shellfish management, enforcement, and enhancement and for developing and implementing plans for population monitoring and restoration of native wild salmon stock.  During the fiscal biennium ending June 30, 1997, the funds may be appropriated for shellfish management, enforcement, and enhancement and for developing and implementing plans for population monitoring and restoration of native wild salmon stock.

 

    NEW SECTION.  Sec. 924.  FISCAL YEAR EXPENDITURE LIMITS.  An agency's total general fund‑-state expenditures by fiscal year shall not exceed the amount approved by the office of financial management (OFM) in expenditure plans authorized under RCW 43.88.070 and 43.88.110.  OFM shall ensure that these plans conform with fiscal year expenditures in the OFM budget database as updated to reflect legislative appropriations and governor's vetoes.  In no case shall the state-wide total of agency allotments exceed the Initiative 601 expenditure limit.  The allotments of elected officials must match the GFS fiscal year split contained in the updated OFM database.The text of the following section has been vetoed by the Governor.  It is noted in bold italic.

 

    *NEW SECTION.  Sec. 925.  Unless otherwise required by law, no moneys appropriated in this act may be expended for mandatory diversity training for state employees.  No moneys appropriated in this act may be expended for voluntary diversity training offered to state employees where a record is made of attendance or nonattendance or where state employees may be subject to reprimand or other disciplinary action for participating or not participating.

*Sec. 925 was vetoed.  See message at end of chapter.

 

    NEW SECTION.  Sec. 926.  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. 927.  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.  Section 807 of this act shall take effect immediately.  The remainder of the act shall take effect July 1, 1995.

 

                           (End of part)


                               INDEX

                                                            Page #

 

ADMINISTRATOR FOR THE COURTS.................................... 7

ATTORNEY GENERAL............................................... 11

ATTORNEY GENERAL:  Salary Adjustments......................... 121

BOARD FOR VOLUNTEER FIRE FIGHTERS.............................. 28

BOARD OF ACCOUNTANCY........................................... 27

BOARD OF INDUSTRIAL INSURANCE APPEALS.......................... 48

BOARD OF TAX APPEALS........................................... 25

CENTRAL WASHINGTON UNIVERSITY................................. 109

CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS......... 11

COLUMBIA RIVER GORGE COMMISSION................................ 58

COMMISSION ON AFRICAN-AMERICAN AFFAIRS......................... 22

COMMISSION ON ASIAN-AMERICAN AFFAIRS........................... 10

COMMISSION ON HISPANIC AFFAIRS................................. 22

COMMISSION ON JUDICIAL CONDUCT.................................. 7

COMMITTEE FOR DEFERRED COMPENSATION............................ 22

COMMON SCHOOL CONSTRUCTION.................................... 127

CONSERVATION COMMISSION........................................ 63

COURT OF APPEALS................................................ 7

CRIMINAL JUSTICE TRAINING COMMISSION........................... 48

DEATH INVESTIGATION COUNCIL.................................... 27

DEPARTMENT OF AGRICULTURE...................................... 70

DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT....... 12

DEPARTMENT OF CORRECTIONS...................................... 54

DEPARTMENT OF ECOLOGY.......................................... 58

DEPARTMENT OF FINANCIAL INSTITUTIONS........................... 12

DEPARTMENT OF FISH AND WILDLIFE................................ 64

DEPARTMENT OF GENERAL ADMINISTRATION........................... 25

DEPARTMENT OF HEALTH........................................... 51

DEPARTMENT OF INFORMATION SERVICES............................. 26

DEPARTMENT OF LABOR AND INDUSTRIES............................. 49

DEPARTMENT OF LICENSING........................................ 72

DEPARTMENT OF NATURAL RESOURCES................................ 66

DEPARTMENT OF PERSONNEL........................................ 20

DEPARTMENT OF RETIREMENT SYSTEMS: Contributions to Retirement Systems............................................. 120

DEPARTMENT OF RETIREMENT SYSTEMS: Operations................... 22

DEPARTMENT OF RETIREMENT SYSTEMS: Transfers................... 127

DEPARTMENT OF REVENUE.......................................... 23

DEPARTMENT OF SERVICES FOR THE BLIND........................... 55

DEPARTMENT OF SOCIAL AND HEALTH SERVICES....................... 30

DEPARTMENT OF SOCIAL AND HEALTH SERVICES: Administration and Supporting Services Program.......................... 46

DEPARTMENT OF SOCIAL AND HEALTH SERVICES: Aging and Adult Svcs. 38

DEPARTMENT OF SOCIAL AND HEALTH SERVICES: Alcohol and Substance Abuse Program........................................ 42

DEPARTMENT OF SOCIAL AND HEALTH SERVICES: Child Support........ 46

DEPARTMENT OF SOCIAL AND HEALTH SERVICES: Children and Family Services Program..................................... 30

DEPARTMENT OF SOCIAL AND HEALTH SERVICES: Developmental Disabilities Program.............................................. 36

DEPARTMENT OF SOCIAL AND HEALTH SERVICES: Economic Services.... 40

DEPARTMENT OF SOCIAL AND HEALTH SERVICES: Juvenile Rehabilitation Program.............................................. 33

DEPARTMENT OF SOCIAL AND HEALTH SERVICES: Medical Assistance Program..................................................... 42

DEPARTMENT OF SOCIAL AND HEALTH SERVICES: Mental Health Program 34

DEPARTMENT OF SOCIAL AND HEALTH SERVICES: Payments to Other Agencies Program.............................................. 47

DEPARTMENT OF SOCIAL AND HEALTH SERVICES: Vocational Rehabilitation Program.............................................. 45

DEPARTMENT OF VETERANS AFFAIRS................................. 51

EASTERN WASHINGTON STATE HISTORICAL SOCIETY................... 113

EASTERN WASHINGTON UNIVERSITY................................. 108

ECONOMIC AND REVENUE FORECAST COUNCIL.......................... 20

EMPLOYMENT SECURITY DEPARTMENT................................. 55

ENVIRONMENTAL HEARINGS OFFICE.................................. 63

GOVERNOR........................................................ 9

GOVERNOR: American with Disabilities Act...................... 116

GOVERNOR: Compensation--Insurance Benefits.................... 118

GOVERNOR: Office of Indian Affairs............................. 10

GOVERNOR: Office of the Governor................................ 9

GOVERNOR: Tort Defense Services............................... 117

GOVERNOR: Transfer to the Tort Claims Revolving Fund.......... 116

GROWTH PLANNING HEARINGS BOARD................................. 29

HIGHER EDUCATION COORDINATING BOARD: Financial Aid and Grant.. 111

HIGHER EDUCATION COORDINATING BOARD: Policy Coordination and Administration...................................... 110

HORSE RACING COMMISSION........................................ 27

HOUSE OF REPRESENTATIVES........................................ 2

HUMAN RIGHTS COMMISSION........................................ 48

INCREMENT SALARY INCREASES.................................... 122

INDETERMINATE SENTENCE REVIEW BOARD............................ 51

INSURANCE COMMISSIONER......................................... 26

INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION................... 62

JOINT CENTER FOR HIGHER EDUCATION............................. 112

JOINT LEGISLATIVE SYSTEMS COMMITTEE............................. 6

LAW LIBRARY..................................................... 7

LEGISLATIVE BUDGET COMMITTEE.................................... 5

LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE..... 6

LIEUTENANT GOVERNOR............................................. 9

LIQUOR CONTROL BOARD........................................... 27

MILITARY DEPARTMENT............................................ 28

MUNICIPAL RESEARCH COUNCIL..................................... 25

OFFICE OF ADMINISTRATIVE HEARINGS.............................. 20

OFFICE OF FINANCIAL MANAGEMENT................................. 20

OFFICE OF FINANCIAL MANAGEMENT: Compensation Actions.......... 122

OFFICE OF FINANCIAL MANAGEMENT: Contributions to Retirement Systems.................................................... 120

OFFICE OF FINANCIAL MANAGEMENT: Emergency Fund................ 117

OFFICE OF MARINE SAFETY........................................ 63

OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES............ 25

PERFORMANCE PARTNERSHIP COUNCIL................................. 6

PERSONNEL APPEALS BOARD........................................ 22

PUBLIC DISCLOSURE COMMISSION.................................... 9

PUBLIC EMPLOYMENT RELATIONS COMMISSION......................... 28

SALARY COST OF LIVING ADJUSTMENT.............................. 121

SALARY INCREMENT INCREASES.................................... 122

SECRETARY OF STATE.............................................. 9

SENATE.......................................................... 3

SENTENCING GUIDELINES COMMISSION............................... 55

STATE ACTUARY................................................... 6

STATE AUDITOR.................................................. 10

STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES.............. 104

STATE CONVENTION AND TRADE CENTER.............................. 29

STATE ENERGY OFFICE............................................ 57

STATE HEALTH CARE AUTHORITY.................................... 47

STATE HEALTH CARE POLICY BOARD................................. 47

STATE INVESTMENT BOARD......................................... 23

STATE PARKS AND RECREATION COMMISSION.......................... 61

STATE PATROL................................................... 72

STATE SCHOOL FOR THE BLIND.................................... 113

STATE SCHOOL FOR THE DEAF..................................... 114

STATE TREASURER................................................ 10

STATE TREASURER: Bond Retirement and Interest....... 115, 116, 124

STATE TREASURER: Federal Revenues for Distribution............ 125

STATE TREASURER: State Revenues for Distribution.............. 124

STATE TREASURER: Transfers.................................... 126

STATUTE LAW COMMITTEE........................................... 6

SUPERINTENDENT OF PUBLIC INSTRUCTION.......................... 101

SUPERINTENDENT OF PUBLIC INSTRUCTION: Basic Ed Employee Comp... 82

SUPERINTENDENT OF PUBLIC INSTRUCTION: Education Reform Program. 95

SUPERINTENDENT OF PUBLIC INSTRUCTION: Educational Service Districts..................................................... 94

SUPERINTENDENT OF PUBLIC INSTRUCTION: Elem/Sec Sch Impr Act.... 94

SUPERINTENDENT OF PUBLIC INSTRUCTION: Encumbrances............. 97

SUPERINTENDENT OF PUBLIC INSTRUCTION: General Apportionment (Basic Education)........................................... 76

SUPERINTENDENT OF PUBLIC INSTRUCTION: Indian Children.......... 94

SUPERINTENDENT OF PUBLIC INSTRUCTION: Institutional Education Programs............................................. 95

SUPERINTENDENT OF PUBLIC INSTRUCTION: Learning Assistance Program 98

SUPERINTENDENT OF PUBLIC INSTRUCTION: Local Effort Assistance.. 94

SUPERINTENDENT OF PUBLIC INSTRUCTION: Local Enhancement Funds.. 99

SUPERINTENDENT OF PUBLIC INSTRUCTION: Programs for Highly Capable Students............................................. 95

SUPERINTENDENT OF PUBLIC INSTRUCTION: Pupil Transportation..... 87

SUPERINTENDENT OF PUBLIC INSTRUCTION: Sch Emp Comp Adjustments. 86

SUPERINTENDENT OF PUBLIC INSTRUCTION: School Food Service Programs 88

SUPERINTENDENT OF PUBLIC INSTRUCTION: Special Education........ 88

SUPERINTENDENT OF PUBLIC INSTRUCTION: State Administration..... 74

SUPERINTENDENT OF PUBLIC INSTRUCTION: Traffic Safety Education Programs............................................. 93

SUPERINTENDENT OF PUBLIC INSTRUCTION: Transitional Bilingual Programs............................................. 97

SUPREME COURT................................................... 7

THE EVERGREEN STATE COLLEGE................................... 109

UNIVERSITY OF WASHINGTON...................................... 106

UTILITIES AND TRANSPORTATION COMMISSION........................ 28

WASHINGTON POLLUTION LIABILITY REINSURANCE PROGRAM............. 71

WASHINGTON STATE ARTS COMMISSION.............................. 113

WASHINGTON STATE GAMBLING COMMISSION........................... 22

WASHINGTON STATE HISTORICAL SOCIETY........................... 113

WASHINGTON STATE LIBRARY...................................... 112

WASHINGTON STATE LOTTERY....................................... 22

WASHINGTON STATE UNIVERSITY................................... 107

WESTERN WASHINGTON UNIVERSITY................................. 110

WORK FORCE TRAINING AND EDUCATION COORDINATING BOARD.......... 112

 

    Passed the House May 24, 1995.

    Passed the Senate May 24, 1995.

Approved by the Governor June 16, 1995, with the exception of certain items which were vetoed.

    Filed in Office of Secretary of State June 16, 1995.

 

    Note: Governor's explanation of partial veto is as follows:

 

    "I am returning herewith, without my approval as to sections 126(13); 139(4); 146 (lines 11-21); 201(3); 205(5)(d); 205(5)(e); 206(2); 206(3); 207(1)(c); 207(2)(c)(i); 207(2)(c)(iii); 219(5); 219(6); 303(2); 303(10); 308; 309(3); 311 (beginning with the word "subject" on line 20, and ending with the word "section" on line 28); 914; 916; 917; and 925, Engrossed Substitute House Bill No. 1410 entitled:

 

"AN ACT Relating to fiscal matters; making appropriations and authorizing expenditures for the operations of state agencies for the fiscal biennium beginning July 1, 1995 and ending June 30, 1997;"

 

    Engrossed Substitute House Bill No. 1410, the state operating budget, will fund public schools, colleges, universities and other important public services for the next two years.  The legislature deserves great credit for working through their differences and coming to agreement on some very difficult issues.  Nonetheless, I am very concerned with certain items included in this budget.

 

 

 

Section 126(13), page 16, Marketplace Program (Department of Community, Trade, and Economic Development)

 

    This provision would require the Department of Community, Trade, and Economic Development to invest $150,000 General Fund‑-State in the Marketplace program.  While I believe this to be a worthwhile program, I am concerned that this level of expenditure would require reductions in other important trade activities conducted by the Department.  I have asked the agency to report to me on the performance of the Marketplace program and recommend an expenditure plan for the 1995-97 Biennium.

 

 

 

Section 139(4), page 24, Study the Feasibility of Rewriting Titles 82 and 84 RCW (Department of Revenue)

 

    This subsection directs the Department of Revenue to study the feasibility of rewriting Titles 82 and 84 RCW "for clarity and ease of understanding" and report its findings to the legislature in the 1996 session.  The Department did not, however, receive "sufficient funds" to conduct this study, as stated in this provision.  While both the Department and I think this is a very important project and goal, it is unreasonable to expect the Department to undertake this additional task along with the other increased responsibilities mandated by regulatory reform, without funding for this purpose.

 

 

 

Section 146, lines 11-21, page 27, Certified Public Accountants' Account (Board of Accountancy)

 

    This section requires the Board of Accountancy to spend $50,000 of the Certified Public Accountants' appropriation to study the financial and enrollment impact of a Board proposal to increase the educational requirements for CPA certification.  The Board of Accountancy proposed the new requirements to keep Washington accountants competitive and properly educated.  While that proposal has merit, I share the legislature's concern that imposing additional educational requirements on students seeking to qualify for professional certification will cost students and the state additional money and potentially reduce access to higher education.  The budget proviso prohibits the Board from implementing the proposed rule until a study is completed of its likely effect on public and private higher education institutions and presented to the higher education and fiscal committees of the legislature.  The study is to be conducted in cooperation with the Higher Education Coordinating Board (HECB).

 

    While I agree with the intent of this proviso, I am vetoing it because the required study will not cost $50,000.  The HECB estimates that the study can be done for about $20,000.  The amount not spent on the study can be used for giving CPA exams.  Because I think the study is important, I will ask the Board of Accountancy to delay implementation of the increased educational requirements until the HECB and the Board of Accountancy complete a study of the financial and enrollment impact of the proposed changes to CPA certification requirements.  The study should provide the legislature and Board of Accountancy with objective information regarding costs and enrollments associated with this important decision.

 

 

 

Section 201(3), page 30, Special Authorization for Prescription Drugs and Medications (Department of Social and Health Services)

 

    This subsection prohibits the Department of Social and Health Services (DSHS) from requiring special authorization before prescription drugs and medications can be prescribed to Medicaid eligible recipients for non-medical reasons.  This language would limit the state's ability to curb the growth of health care costs, while also causing serious problems for those charged with ensuring that medications with high risk of abuse and misuse are distributed appropriately.  Retaining the ability to require authorization for certain drugs will help control costs and is an important tool in preventing drug abuse.

 

    I believe the original intent of this proviso was to terminate the Washington State Supplemental Drug Discount (WSSDD) program.  However, this goal is achieved in section 209(6) of this act, which I have approved.  Therefore, as of July 1, 1995, the Supplemental Drug Discount Program is discontinued.

 

 

 

Section 205(5)(d), pages 37 and 38, Out of Home Services (Department of Social and Health Services, Developmental Disabilities)

 

    This section requires DSHS to serve an additional 150 persons in out-of-home community residential care during the 1995-97 Biennium, with service priority given to those currently residing with elderly parents or relatives.  The provision of expanded services at a reduced cost is a laudable goal; in fact, my budget included a similar expectation.  However, the stipulation that these services must be "out-of-home" conflicts with parental choice and personal preferences.  I am vetoing this section; however, I am directing the Department to provide either out-of-home or in-home community residential services to at least 150 additional persons, with due consideration given to personal and family choices and priority given to those residing with elderly parents or relatives.

 

 

 

Section 205(5)(e), page 38, and Section 206(2), page 39, Medicaid Personal Care Services (Department of Social and Health Services: Developmental Disabilities, and Aging and Adult Services Administration)

 

    These sections attempt to control growth in the Medicaid Personal Care program through adjustments to eligibility standards and service levels.  While I agree that Personal Care growth must be managed, the Department must take a more flexible and coordinated approach than limiting expenditures within individual programs.  The Department is unable to adjust eligibility criteria within one program without affecting clients and services in another program.  Section 205(5)(f) of the operating budget bill requires DSHS to evaluate the feasibility of redesigning the Medicaid Personal Care program for the developmental disabilities community.  This study should provide the Department and the legislature with enough information to generate viable options in addressing the future of the Personal Care program.

 

 

 

Sections 206(3), page 39, Community Options Program Entry System (Department of Social and Health Services, Aging and Adult Services Administration)

 

    This section limits growth in the Community Options Program Entry System (COPES) through adjustments to eligibility standards and service levels or the terms of the federal waiver.  This proviso would limit the Department's ability to implement the reforms of the Long Term Care system embodied in E2SHB 1908.  Furthermore, adjusting the eligibility standards within COPES would similarly affect the rules for eligibility within nursing homes.

 

 

 

Section 207(1)(c), page 40, General Assistance for Pregnancy Program (Department of Social and Health Services, Economic Services)

 

    This proviso limits the General Assistance for Pregnancy program (GA-S) to $7.7 million as specified in RCW 74.04.005 as amended by Substitute House Bill No. 2083.  This bill was not approved by the legislature and the proviso alone, without statutory change, offers neither sufficient specificity nor legal authority to limit program eligibility.  Therefore, the Department of Social and Health Services will continue to provide assistance to all eligible pregnant women as specified in current statute.

 

 

 

Section 207(2)(c)(i) and (iii), page 41, Systematic Alien Verification for Entitlements System (SAVE) (Department of Social and Health Services, Economic Services Program)

 

    These subsections require DSHS to reinstate the Systematic Alien Verification for Entitlements System (SAVE) program by September 30, 1995.  There is also a requirement to post signs at every community service office letting applicants and recipients know that illegal aliens will be reported to the United States Immigration and Naturalization Services and that SAVE is in use in the office.  The Department's past experience with the SAVE program has established that it is an inefficient and costly method of identifying fraudulent applications for assistance.  The federal government has also come to the conclusion that the SAVE program costs twice as much as is saved.

 

    This administration in no way supports granting benefits to persons who are not eligible for assistance.  The Department has effective mechanisms currently in place to ensure that benefits are delivered to those truly in need, and not to those who are intent on defrauding the state.

 

 

 

Section 219 (5), page 50, Claims Unit for State Employees (Department of Labor and Industries)

 

    Section 219(5) directs the Department of Labor and Industries (L&I) to report to the appropriate policy and fiscal committees of the legislature with a plan for establishing within existing resources a designated claims unit to specialize in claims by state employees.

 

    This proviso is in conflict with the agency's efforts to decentralize claims management.  The agency has just started to implement the Long-Term Disability and Managed Care pilot projects as directed by the legislature.  The results from these two pilot projects will be used to improve the Department's overall claims programs.

 

    Additionally, creating a claims unit for state employees would foster a perception that a worker's compensation program managed by state government is planning to give special preference to government agencies at the expense of private industry ratepayers.  I believe that any improvements made to the claims program should benefit all workers and employers, not just state employees.

 

 

 

Section 219(6), page 50, Regulatory Reform (Department of Labor and Industries)

 

    Section 219(6) prohibits L&I from spending its appropriated funds to implement rules that do not comply with the Regulatory Fairness Act under RCW 19.85 or that have been determined by the Joint Administrative Rules Review Committee to be outside of legislative intent.

 

    As with section 504 of ESHB 1010, which I just recently vetoed, this proviso is unconstitutional.  It violates the state constitutional provisions requiring legislative acts to be passed by the entire legislature with presentment to the Governor for approval.  By restricting funds for rule enforcement and ignoring the statutory judicial review process, this proviso violates the separation of power doctrine by unduly encroaching upon those constitutional powers reserved for the executive and judicial branches of government.

 

 

 

Section 303(2), page 59, Water Rights Claims Filing (Department of Ecology)

 

    Section 303(2) provides funding for the implementation of SHB 1327, which was not passed by the legislature.  I am directing the Department of Ecology to use these funds for the Water Resources program.

 

 

 

Section 303(10), page 61, Yakima Adjudication (Department of Ecology)

 

    Section 303(10) provides an additional $500,000 from the Water Right Permit Processing Account for additional staff and resources for the Yakima adjudication of water rights.  Although I recognize the importance of the Yakima adjudication, there are currently $1,854,000 in General Fund‑-State resources devoted to this effort.  The Department was provided woefully inadequate resources to address critical water quantity issues throughout the state.  Therefore, I am directing the Department of Ecology to use $500,000 of the Water Right Permit Processing Account for the Water Resources program.  The remaining $1,854,000 of the General Fund‑-State appropriation shall be used to continue the Yakima Adjudication.

 

 

 

Section 308, page 63-64, Office of Marine Safety

 

    I am vetoing this section because funding for the Office of Marine Safety (OMS) has been included in the transportation budget.  The transportation budget, 2ESHB 2080, contains statutory language that would merge OMS into the Department of Ecology (DOE) on January 1, 1996.  In accordance with that merger, the transportation budget provides funding for OMS from July 1, 1995 through December 31, 1995 and funding for the Department of Ecology to sustain the merged oil spill prevention program for the remainder of the biennium.

 

    Although the OMS will be merged into DOE, I am committed to maintaining a strong and viable program aimed at preventing oil spills on our marine waters.  I support maintaining a high level, visible and priority focus on these issues through a division of oil spill prevention and response at the Department of Ecology.  Moreover, I am committed to ensuring that full funding be available for the program, pending legislative remedy, should any situation arise placing appropriations for this program in jeopardy.

 

 

 

Section 309(3), page 64, Flood Damage Reduction (Department of Fish and Wildlife)

 

    This appropriation to the Department of Fish and Wildlife is for the implementation of E2SSB 5632 regarding flood damage reduction.  Although I have signed this legislation, I have vetoed the sections for which this funding was intended.  Since no additional funding was provided to the Department for this activity, I am vetoing this budget proviso.

 

 

 

Section 311, beginning with the word "subject" on line 20 and ending with the word "section" on line 28, page 69, Resource Management (Department of Natural Resources)

 

    The limiting language in this section places a condition upon the Department of Natural Resources' (DNR) appropriation from the Resource Management Cost Account (RMCA) that prohibits the agency from expending any moneys, from any source, to implement a long-term management agreement with the federal government such as a Habitat Conservation Plan (HCP), without a specific appropriation for that purpose and a prior report to the legislative committees on natural resources.  Although requiring a report is a proper legislative prerogative, this language constrains the vast majority of the agency's RMCA appropriation, which supports the preponderance of agency activities upon state trust land.  Expenditures from this account should not be dependent upon what the agency does or does not do with respect to just one of those activities, such as implementation of a long-term management agreement with the federal government.  An HCP is an important tool that can be used to protect species while allowing predictable and stable timber harvest on state trust lands.  This limiting condition presents an overly broad constraint upon an agency's operations.

 

 

 

Section 914, pages 138-140, Prohibition on the Use of Toxics Control Accounts for Public Participation Grants (Department of Ecology)

 

    This section prohibits the expenditure of funds for public participation grants, except for those assisting in the implementation of ESHB 1810.  I am vetoing this section because I believe it is important to maintain public financial support for non-governmental entities engaged in local environmental projects.  This program has proven its value in sustaining citizen oversight activities at sites ranging from the Hanford and Commencement Bay cleanups to the Everett Smelter site.  It also provides funding for industry associations to educate their members about pollution prevention and waste reduction practices.  In restoring funds for public participation grants, I want to ensure that citizens continue to have a strong voice in this era of changing environmental challenges.

 

 

 

Section 916, page 141, Prohibition on Expenditures for the Northwest Marine Straits Sanctuary

 

    In 1988, Congress directed the National Oceanographic and Atmospheric Agency (NOAA) to conduct a study on whether the Northwest Straits area of Washington should be considered for inclusion in the federal Marine Sanctuary program.  The state has insisted that it be an equal partner with NOAA in any such study, in part to ensure that the interests of those in the study area are included in the process.  This study is long overdue and the state and NOAA are now working closely in this study process.  A study on feasibility and options is quite distinct from any decision to include the Northwest Straits in the Marine Sanctuary program.  The study should be allowed to move forward.  The state's role in participating in this process is essential and for this reason I am vetoing section 916.

 

 

 

Section 917, page 141, Rules for Spotted Owl Protection

 

    This section prevents any state agency from spending any funds appropriated in this act to establish or publish rules that exceed federal requirements for habitat protection for northern spotted owls.  This limitation would prevent the Forest Practices Board or the Board of Natural Resources from taking legitimate actions that they may deem appropriate for the protection of owls or other species.  If the Legislature wishes to prohibit either the Forest Practices Board or the Board of Natural Resources from taking such action, it should provide such instruction directly.  Limiting action through the budget bill is not appropriate.

 

 

 

Section 925, page 145, Mandatory Diversity Training Prohibition

 

    This section prohibits the use of appropriated funds for mandatory diversity training of state employees.  This prohibition is inconsistent with the tenets of my Executive Order 93-07 in that it fails to recognize the reality of today's increasingly diverse workforce, clientele and population and the corresponding training needs and requirements.  As an employer, Washington State is responsible for ensuring that our employees have the necessary training to do their jobs.  This provision would present serious obstacles to agencies' ability to carry out essential human resource management obligations.

 

    In addition to noting those provisions I have vetoed, I would like to comment on a troubling provision I have determined appropriate to approve.  Section 209(16) of this bill authorizes the Department of Social and Health Services to provide no more than five chiropractic service visits per person per year for those eligible recipients with acute conditions.  This language is troubling in that the legislature provided no additional funding to the Department for chiropractic services.  Moreover, this proviso appears to be in conflict with federal statutes which do not permit states to impose such specific limits on services.

 

    I have decided to not veto this language because I do not wish to definitely preclude DSHS from offering chiropractic services to eligible recipients.  However, I feel there needs to be work done to clarify several issues.  I am directing the Department of Social and Health Services to work with chiropractors and other medical providers to develop an approach which would provide cost-effective chiropractic services for medical assistance recipients.  I would like the results of this study by December 1995 so, if necessary, additional funding could be provided by the 1996 Legislature.

 

    For these reasons, I have vetoed sections 126(13); 139(4); 146 (lines 11-21); 201(3); 205(5)(d); 205(5)(e); 206(2); 206(3); 207(1)(c); 207(2)(c)(i); 207(2)(c)(iii); 219(5); 219(6); 303(2); 303(10); 308; 309(3); 311 (beginning with the word "subject" on line 20, and ending with the word "section" on line 28); 914; 916; 917; and 925 of Engrossed Substitute House Bill No. 1410.

 

    With the exception of sections 126(13); 139(4); 146 (lines 11-21); 201(3); 205(5)(d); 205(5)(e); 206(2); 206(3); 207(1)(c); 207(2)(c)(i); 207(2)(c)(iii); 219(5); 219(6); 303(2); 303(10); 308; 309(3); 311 (beginning with the word "subject" on line 20, and ending with the word "section" on line 28); 914; 916; 917; and 925, Engrossed Substitute House Bill No. 1410 is approved."