5127-S2 AMH FIN H3150

5127-S2 AMH FIN H3150.1

2SSB 5127 - H COMM AMD ADOPTED AS AMD 4-11-97

By Committee on Finance

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 70.168 RCW to read as follows:

The department shall establish by rule a grant program for designated trauma care services. The grants shall be made from the emergency medical services and trauma care system trust account and shall require regional matching funds. The trust account funds and regional match will be in a seventy-five to twenty-five percent ratio.

Sec. 2. RCW 70.168.040 and 1990 c 269 s 17 are each amended to read as follows:

The emergency medical services and trauma care system trust account is hereby created in the state treasury. Moneys shall be transferred to the emergency medical services and trauma care system trust account from the public safety education account or other sources as appropriated, and as collected under section 3 of this act and RCW 46.61.5054(3) and 46.63.110(6). Disbursements shall be made by the department subject to legislative appropriation. Expenditures may be made only for the purposes of the state trauma care system under this chapter, including emergency medical services, trauma care services, rehabilitative services, and the planning and development of related services under this chapter.

NEW SECTION. Sec. 3. A new section is added to chapter 46.61 RCW to read as follows:

In addition to any other fees, fines, or penalties imposed under this chapter, any person who is convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating any provision of this chapter other than RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, shall be assessed a fee of forty-five dollars. Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040. The public safety and education assessment imposed under RCW 3.62.090 does not apply to the fee imposed under this section.

Sec. 4. RCW 46.61.5054 and 1995 c 398 s 15 and 1995 c 332 s 13 are each reenacted and amended to read as follows:

(1)(a) In addition to penalties set forth in RCW 46.61.5051 through 46.61.5053 until September 1, 1995, and RCW 46.61.5055 thereafter, a one hundred twenty-five dollar fee shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522. This fee is for the purpose of funding the Washington state toxicology laboratory and the Washington state patrol for grants and activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs.

(b) Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay.

(c) When a minor has been adjudicated a juvenile offender for an offense which, if committed by an adult, would constitute a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, the court shall assess the one hundred twenty-five dollar fee under (a) of this subsection. Upon a verified petition by a minor assessed the fee, the court may suspend payment of all or part of the fee if it finds that the minor does not have the ability to pay the fee.

(2) The fee assessed under subsection (1) of this section shall be collected by the clerk of the court and distributed as follows:

(a) Forty percent shall be subject to distribution under RCW 3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040, or 10.82.070.

(b) The remainder of the fee shall be forwarded to the state treasurer who shall, through June 30, 1997, deposit: Fifty percent in the death investigations' account to be used solely for funding the state toxicology laboratory blood or breath testing programs; and fifty percent in the state patrol highway account to be used solely for funding activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs. Effective July 1, 1997, the remainder of the fee shall be forwarded to the state treasurer who shall deposit: Fifteen percent in the death investigations' account to be used solely for funding the state toxicology laboratory blood or breath testing programs; and eighty-five percent in the state patrol highway account to be used solely for funding activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs.

(3) In addition to the fee imposed under subsection (1) of this section and the penalties imposed under RCW 46.61.5055, a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, shall be assessed a seventy-five dollar fee. Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040. The public safety and education assessment imposed under RCW 3.62.090 does not apply to the fee imposed under this subsection.

(4) Subsections (1) and (2) of this section ((~~applies~~)) apply to any offense committed on or after July 1, 1993. Subsection (3) of this section applies to any offense committed after the effective date of this section.

Sec. 5. RCW 46.63.110 and 1993 c 501 s 11 are each amended to read as follows:

(1) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this chapter or title.

(2) The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions. This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penalties for traffic infractions. The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation.

(3) There shall be a penalty of twenty-five dollars for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed twenty-five dollars for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body.

(4) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter.

(5) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may, in its discretion, grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment the court shall notify the department of the failure to pay the penalty, and the department shall suspend the person's driver's license or driving privilege until the penalty has been paid and the penalty provided in subsection (3) of this section has been paid.

(6) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction shall be assessed a penalty of twenty dollars. Revenue from this penalty shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040. The public safety and education assessment imposed under RCW 3.62.090 does not apply to the penalty imposed under this subsection.

NEW SECTION. Sec. 6. The legislature finds as follows:

Emergency medical services and trauma care are provided to all residents of the state regardless of a person's ability to pay. Historically, hospitals and health care providers have been able to recover some of their financial losses incurred in caring for an uninsured or underinsured person by charging persons able to pay more. In recent years, the health care industry has undergone substantial changes. With the advent of managed health care programs and the adoption of new cost control measures, some hospitals and health care providers assert that it is difficult to shift costs for uninsured and underinsured patients onto insured patients.

In 1990 the legislature established a coordinated trauma care system. Part of the 1990 legislation included funding for a study to determine the extent to which trauma care is uncompensated and undercompensated. This study focused exclusively on trauma care. The legislature finds that, as a prerequisite to determining the amount of state aid that may be necessary to assist health care providers and facilities, it is necessary to examine trauma care losses within the context of a health care provider or facility's total financial operations.

NEW SECTION. Sec. 7. The department of health shall conduct a financial study of health care facilities, physicians, and surgeons who provide trauma care.

(1) For health care facilities providing trauma care, the study shall:

(a) Examine costs, charges, actual expenses, and levels of reimbursement associated with all services provided by health care facilities.

(b) Analyze which types of services generate income for health care facilities and which types of services result in an income loss.

(c) Review grants, contributions, and other income received by health care facilities that are not fee-for-service revenues.

(d) Compare and contrast financial statements for health care facilities providing trauma care to determine if the overall financial condition of such facilities has worsened, improved, or held constant over the last five years.

(2) For physicians and surgeons providing trauma care, the study shall:

(a) Determine whether total salaries and other compensation paid to physicians and surgeons providing trauma care has increased, decreased, or held the same over the last five years.

(b) Compare if salary and compensation trends over the last five years differ for physicians and surgeons providing trauma care from salary and compensation trends for the state's physicians and surgeons as an entire group.

NEW SECTION. Sec. 8. (1) To perform this study, the department shall form an advisory committee. The advisory committee shall include two members of the house of representatives to be appointed by the speaker of the house of representatives and two members of the senate to be appointed by the president of the senate. The advisory committee may also include members of the emergency medical services and trauma care steering committee, as well as health care financial experts from the academic, financial, and medical communities, to be appointed by the department of health.

(2) The department of health shall provide staff for the purpose of the study.

(3) The department of health shall present a final report of the findings of the study to the committees of the legislature that deal with health and revenue matters by December 31, 1997.

NEW SECTION. Sec. 9. Sections 1 through 5 of this act take effect January 1, 1998."

Correct the title accordingly.