BILL REQ. #: Z-0384.1
| State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 01/12/2005. Referred to Committee on Ways & Means.
AN ACT Relating to fiscal matters; amending RCW 66.16.010; amending 2004 c 276 ss 105, 106, 107, 108, 110, 111, 115, 117, 118, 120, 121, 122, 123, 124, 126, 129, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 217, 218, 301, 302, 304, 306, 307, 308, 402, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 513, 514, 515, 516, 701, 702, 703, 709, 802 (uncodified); amending 2003 1st sp.s. c 25 ss 119, 152, and 617 (uncodified); adding new sections to 2003 1st sp.s. c 25 (uncodified); making appropriations; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 101 2004 c 276 s 105 (uncodified) is amended to read as
follows:
FOR THE SUPREME COURT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $5,475,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($5,720,000))
$5,723,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($11,195,000))
$11,198,000
Sec. 102 2004 c 276 s 106 (uncodified) is amended to read as
follows:
FOR THE LAW LIBRARY
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $2,049,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($2,050,000))
$2,089,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,099,000))
$4,138,000
Sec. 103 2004 c 276 s 107 (uncodified) is amended to read as
follows:
FOR THE COURT OF APPEALS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $12,523,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($12,931,000))
$12,971,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($25,454,000))
$25,494,000
Sec. 104 2004 c 276 s 108 (uncodified) is amended to read as
follows:
FOR THE ADMINISTRATOR FOR THE COURTS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $17,374,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($18,036,000))
$18,082,000
Public Safety and Education Account -- State
Appropriation . . . . . . . . . . . . (($43,534,000))
$43,576,000
Judicial Information Systems Account -- State
Appropriation . . . . . . . . . . . . $31,803,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($110,747,000))
$110,835,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The judicial information systems account appropriation shall be
used for the operations and maintenance of technology systems that
improve services provided by the supreme court, the court of appeals,
the office of public defense, and the administrator for the courts.
(2) $750,000 of the general fund -- state appropriation for fiscal
year 2004 and $750,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for court-appointed special
advocates in dependency matters. The administrator for the courts,
after consulting with the association of juvenile court administrators
and the association of court-appointed special advocate/guardian ad
litem programs, shall distribute the funds to volunteer court-appointed
special advocate/guardian ad litem programs. The distribution of
funding shall be based on the number of children who need volunteer
court-appointed special advocate representation and shall be equally
accessible to all volunteer court-appointed special advocate/guardian
ad litem programs. The administrator for the courts shall not retain
more than six percent of total funding to cover administrative or any
other agency costs.
(3) $16,172,000 of the judicial information systems account -- state
appropriation is provided solely for improvements and enhancements to
the judicial information system. Of this amount, $1,100,000 is
provided solely for disaster recovery planning, equipment, and testing
for the judicial information system.
(4) $3,000,000 of the public safety and education account--state
appropriation is provided solely for school district petitions to
juvenile court for truant students as provided in RCW 28A.225.030 and
28A.225.035. The office of the administrator for the courts shall
develop an interagency agreement with the office of the superintendent
of public instruction to allocate the funding provided in this
subsection. Allocation of this money to school districts shall be
based on the number of petitions filed.
(5) $13,224,000 of the public safety and education account--state
appropriation is provided solely for distribution to county juvenile
court administrators to fund the costs of processing truancy, children
in need of services, and at-risk youth petitions. The office of the
administrator for the courts shall not retain any portion of these
funds to cover administrative costs. The office of the administrator
for the courts, in conjunction with the juvenile court administrators,
shall develop an equitable funding distribution formula. The formula
shall neither reward counties with higher than average per-petition
processing costs nor shall it penalize counties with lower than average
per-petition processing costs.
(6) The distributions made under subsection (6) of this section and
distributions from the county criminal justice assistance account made
pursuant to section 801 of this act constitute appropriate
reimbursement for costs for any new programs or increased level of
service for purposes of RCW 43.135.060.
(7) Each fiscal year during the 2003-05 fiscal biennium, each
county shall report the number of petitions processed and the total
actual costs of processing truancy, children in need of services, and
at-risk youth petitions. Counties shall submit the reports to the
administrator for the courts no later than 45 days after the end of the
fiscal year. The administrator for the courts shall electronically
transmit this information to the chairs and ranking minority members of
the house of representatives appropriations committee and the senate
ways and means committee no later than 60 days after a fiscal year
ends. These reports are deemed informational in nature and are not for
the purpose of distributing funds.
(8) $813,000 of the general fund--state appropriation for fiscal
year 2004 and $762,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for billing and related costs for
the office of the administrator for the courts pursuant to Engrossed
Substitute Senate Bill No. 5990 (supervision of offenders).
(9) $1,800,000 of the public safety and education account
appropriation is provided solely for distribution to the county clerks
for the collection of legal financial obligations pursuant to Engrossed
Substitute Senate Bill No. 5990 (supervision of offenders). The
funding shall be distributed by the office of the administrator for the
courts to the county clerks in accordance with the funding formula
determined by the Washington association of county officials pursuant
to Engrossed Substitute Senate Bill No. 5990 (supervision of
offenders).
Sec. 105 2004 c 276 s 110 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF THE GOVERNOR
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $3,773,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($4,011,000))
$4,053,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,140,000
Water Quality Account -- State
Appropriation . . . . . . . . . . . . $3,854,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($12,778,000))
$12,820,000
The appropriations in this section are subject to the following
conditions and limitations: $3,854,000 of the water quality account
appropriation and $1,140,000 of the general fund -- federal appropriation
are provided solely for the Puget Sound water quality action team to
implement the Puget Sound work plan and agency action items PSAT-01
through PSAT-05.
Sec. 106 2004 c 276 s 111 (uncodified) is amended to read as
follows:
FOR THE SECRETARY OF STATE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $24,336,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($17,092,000))
$18,045,000
General Fund--Federal Appropriation . . . . . . . . . . . . $6,967,000
Archives and Records Management Account -- State
Appropriation . . . . . . . . . . . . (($8,414,000))
$8,460,000
Department of Personnel Service Account -- State
Appropriation . . . . . . . . . . . . $699,000
Election Account--State Appropriation . . . . . . . . . . . . (($3,140,000))
$2,360,000
Election Account--Federal Appropriation . . . . . . . . . . . . $33,121,000
Local Government Archives Account--State Appropriation . . . . . . . . . . . . $9,010,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($96,741,000))
$102,998,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $2,296,000 of the general fund -- state appropriation for fiscal
year 2004 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. Counties shall be reimbursed
only for those odd-year election costs that the secretary of state
validates as eligible for reimbursement.
(2) $1,826,000 of the general fund -- state appropriation for fiscal
year 2004 and $2,686,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for the verification of initiative
and referendum petitions, maintenance of related voter registration
records, and the publication and distribution of the voters and
candidates pamphlet.
(3) $125,000 of the general fund -- state appropriation for fiscal
year 2004 and $118,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for legal advertising of state
measures under RCW 29.27.072.
(4)(a) $1,944,004 of the general fund -- state appropriation for
fiscal year 2004 and $1,986,772 of the general fund -- state
appropriation for fiscal year 2005 are provided solely for contracting
with a nonprofit organization to produce gavel-to-gavel television
coverage of state government deliberations and other events of
statewide significance during the 2003-05 biennium. The funding level
for each year of the contract shall be based on the amount provided in
this subsection. The nonprofit organization shall be required to raise
contributions or commitments to make contributions, in cash or in kind,
in an amount equal to forty percent of the state contribution. The
office of the secretary of state may make full or partial payment once
all criteria in (a) and (b) of this subsection have been satisfactorily
documented.
(b) The legislature finds that the commitment of on-going funding
is necessary to ensure continuous, autonomous, and independent coverage
of public affairs. For that purpose, the secretary of state shall
enter into a four-year contract with the nonprofit organization to
provide public affairs coverage through June 30, 2006.
(c) The nonprofit organization shall prepare an annual independent
audit, an annual financial statement, and an annual report, including
benchmarks that measure the success of the nonprofit organization in
meeting the intent of the program.
(d) No portion of any amounts disbursed pursuant to this subsection
may be used, directly or indirectly, for any of the following purposes:
(i) Attempting to influence the passage or defeat of any
legislation by the legislature of the state of Washington, by any
county, city, town, or other political subdivision of the state of
Washington, or by the congress, or the adoption or rejection of any
rule, standard, rate, or other legislative enactment of any state
agency;
(ii) Making contributions reportable under chapter 42.17 RCW; or
(iii) Providing any: (A) Gift; (B) honoraria; or (C) travel,
lodging, meals, or entertainment to a public officer or employee.
(5) $252,000 of the archives and records management account--state
appropriation and $1,504,000 of the local government archives account--state appropriation are provided solely for additional facility capital
costs, digital archive technology architecture costs, and additional
digital archive staff and operational costs, associated with the new
eastern regional archives and digital archives facility.
(6) The entire election account--state appropriation in this
section is provided solely as state match funding for federal moneys
provided under the Help America Vote act (P.L. 107-252). Of the state
match funding provided, the secretary of state may expend only the
amount required to match the federal funding received, and any amount
that is not necessary to match the federal funding shall lapse. After
receipt of the federal moneys, the office of the secretary of state
shall notify the appropriations committee of the house of
representatives and the ways and means committee of the senate of the
amount of federal funding received and the associated required state
match.
(7) $953,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for attorneys' fees and costs associated
with litigation regarding the blanket primary, including costs already
awarded by the U.S. Court of Appeals for the Ninth Circuit.
Sec. 107 2004 c 276 s 115 (uncodified) is amended to read as
follows:
FOR THE ATTORNEY GENERAL
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $4,345,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($4,166,000))
$4,518,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,845,000
Public Safety and Education Account -- State
Appropriation . . . . . . . . . . . . $2,001,000
Tobacco Prevention and Control Account -- State
Appropriation . . . . . . . . . . . . $270,000
New Motor Vehicle Arbitration Account -- State
Appropriation . . . . . . . . . . . . $1,180,000
Legal Services Revolving Account -- State
Appropriation . . . . . . . . . . . . (($166,624,000))
$170,296,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($181,431,000))
$185,455,000
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) Prior to entering into any negotiated settlement of a claim
against the state that exceeds five million dollars, the attorney
general shall notify the director of financial management and the
chairs of the senate committee on ways and means and the house of
representatives committee on appropriations.
(3) $818,000 of the legal services revolving account--state
appropriation is provided solely for legal defense costs associated
with Pacific Sound Resources v. Burlington Northern Santa Fe Railroad
et al.
(4) $70,000 of the legal services revolving account--state
appropriation is provided solely to implement Engrossed Second
Substitute Senate Bill No. 6489 (correctional industries). If the bill
is not enacted by June 30, 2004, the amount provided in this subsection
shall lapse.
Sec. 108 2004 c 276 s 117 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $61,805,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($66,566,000))
$66,656,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $236,264,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $15,075,000
Public Safety and Education Account -- State
Appropriation . . . . . . . . . . . . $10,095,000
Public Works Assistance Account -- State
Appropriation . . . . . . . . . . . . $2,088,000
Building Code Council Account -- State
Appropriation . . . . . . . . . . . . $1,061,000
Administrative Contingency Account -- State
Appropriation . . . . . . . . . . . . $1,776,000
Low-Income Weatherization Assistance Account -- State
Appropriation . . . . . . . . . . . . $8,293,000
Violence Reduction and Drug Enforcement Account --
State Appropriation . . . . . . . . . . . . $9,013,000
Manufactured Home Installation Training Account --
State Appropriation . . . . . . . . . . . . $256,000
Community Economic Development Account --
State Appropriation . . . . . . . . . . . . $1,581,000
Washington Housing Trust Account -- State
Appropriation . . . . . . . . . . . . $((16,740,000))
$16,965,000
Public Facility Construction Loan Revolving
Account -- State Appropriation . . . . . . . . . . . . $622,000
Lead Paint Account--State Appropriation . . . . . . . . . . . . $6,000
Developmental Disabilities Endowment Trust Fund--
State Appropriation . . . . . . . . . . . . $120,000
Homeless Families Services Fund--State
Appropriation . . . . . . . . . . . . $150,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($431,511,000))
$431,826,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $2,838,000 of the general fund -- state appropriation for fiscal
year 2004 and $2,838,000 of the general fund -- state appropriation for
fiscal year 2005 are 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 1995-97
fiscal biennium.
(2) $61,000 of the general fund -- state appropriation for fiscal
year 2004 and $62,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for the implementation of the
Puget Sound work plan and agency action item OCD-01.
(3) $10,180,797 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 2004 as follows:
(a) $3,551,972 to local units of government to continue
multijurisdictional narcotics task forces;
(b) $611,177 to the department to continue the drug prosecution
assistance program in support of multijurisdictional narcotics task
forces;
(c) $1,343,603 to the Washington state patrol for coordination,
investigative, and supervisory support to the multijurisdictional
narcotics task forces and for methamphetamine education and response;
(d) $197,154 to the department for grants to support tribal law
enforcement needs;
(e) $976,897 to the department of social and health services,
division of alcohol and substance abuse, for drug courts in eastern and
western Washington;
(f) $298,246 to the department for training and technical
assistance of public defenders representing clients with special needs;
(g) $687,155 to the department to continue domestic violence legal
advocacy;
(h) $890,150 to the department of social and health services,
juvenile rehabilitation administration, to continue youth violence
prevention and intervention projects;
(i) $60,000 to the department for community-based advocacy services
to victims of violent crime, other than sexual assault and domestic
violence;
(j) $89,705 to the department to continue the governor's council on
substance abuse;
(k) $97,591 to the department to continue evaluation of Byrne
formula grant programs;
(l) $572,919 to the office of financial management for criminal
history records improvement; and
(m) $804,228 to the department for required grant administration,
monitoring, and reporting on Byrne formula grant programs.
These amounts represent the maximum Byrne grant expenditure
authority for each program. No program may expend Byrne grant funds in
excess of the amounts provided in this subsection. If moneys in excess
of those appropriated in this subsection become available, whether from
prior or current fiscal year Byrne grant distributions, the department
shall hold these moneys in reserve and may not expend them without
specific appropriation. These moneys shall be carried forward and
applied to the pool of moneys available for appropriation for programs
and projects in the succeeding fiscal year. As part of its budget
request for the succeeding year, the department shall estimate and
request authority to spend any funds remaining in reserve as a result
of this subsection.
(4) $125,000 of the general fund -- state appropriation for fiscal
year 2004 and $125,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for implementing the industries of
the future strategy.
(5) $200,000 of the general fund -- state appropriation for fiscal
year 2004 and $200,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for a contract with the Washington
manufacturing services.
(6) $205,000 of the general fund--state appropriation for fiscal
year 2004 and $205,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for grants to Washington Columbia
River Gorge counties to implement their responsibilities under the
national scenic area management plan. Of this amount, $390,000 is
provided for Skamania county and $20,000 is provided for Clark county.
(7) $50,000 of the general fund -- state appropriation for fiscal
year 2004 and $50,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for a contract with international
trade alliance of Spokane.
(8) $5,085,000 of the general fund--state appropriation for fiscal
year 2004, $5,085,000 of the general fund--state appropriation for
fiscal year 2005, $4,250,000 of the general fund--federal
appropriation, and $6,145,000 of the Washington housing trust account
are provided solely for providing housing and shelter for homeless
people, including but not limited to grants to operate, repair, and
staff shelters; grants to operate transitional housing; partial
payments for rental assistance; consolidated emergency assistance;
overnight youth shelters; and emergency shelter assistance.
(9) $369,000 of the community economic development account
appropriation and $120,000 of the developmental disabilities endowment
trust fund appropriation are provided solely for support of the
developmental disabilities endowment governing board and costs of the
endowment program. The governing board may use appropriations to
implement a sliding-scale fee waiver for families earning below 150
percent of the state median family income.
(10) $800,000 of the general fund--federal appropriation and $6,000
of the lead paint account--state appropriation are provided solely to
implement Engrossed Substitute Senate Bill No. 5586 (lead-based paint).
If the bill is not enacted by June 30, 2003, the amounts provided in
this subsection shall lapse.
(11) $125,000 of the general fund--state appropriation for fiscal
year 2004 and $475,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for the business retention and
expansion program to fund contracts with locally based development
organizations for local business and job retention activities. In
administering new and existing funding for the business retention and
expansion program, the department shall ensure the existing local
programs are funded at levels that meet or exceed the funding provided
in the 2001-2003 biennium.
(12) $200,000 of the general fund--state appropriation for fiscal
year 2004 and $200,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for the tourism office to market
Washington state as a travel destination to northwest states,
California, and British Columbia. By December 1, 2004, the department
shall report to the relevant legislative policy and fiscal committees
on the effectiveness of these expenditures.
(13) $200,000 of the general fund--state appropriation for fiscal
year 2004 and $200,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for business development
activities to conduct statewide and/or regional business recruitment
and client lead generation services. In administering this funding,
the department shall solicit recommendations from a statewide economic
development organization representing associate development
organizations.
(14) $60,000 of the general fund--state appropriation for fiscal
year 2004 and $60,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for the community services block
grant program for pass-through to community action agencies.
(15) $26,862,000 of the general fund--state appropriation for
fiscal year 2004 and $26,862,000 of the general fund--state
appropriation for fiscal year 2005 are provided solely for providing
early childhood education assistance.
(16) Within the amounts appropriated in this section, funding is
provided for Washington state dues for the Pacific northwest economic
region.
(17) $200,000 of the general fund--state appropriation for fiscal
year 2004 and $200,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for the foreign offices (overseas
representatives) to expand local capacity for China, expand operations
in Shanghai, Beijing and Hong Kong, and in Mexico to assist Washington
exporters in expanding their sales opportunities.
(18) $600,000 of the public safety and education account
appropriation is provided solely for sexual assault prevention and
treatment programs.
(19) $65,000 of the general fund -- state appropriation for fiscal
year 2004 and $65,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for a contract with a food
distribution program for communities in the southwestern portion of the
state and for workers impacted by timber and salmon fishing closures
and reductions. The department may not charge administrative overhead
or expenses to the funds provided in this subsection.
(20) Repayments of outstanding loans granted under RCW 43.63A.600,
the mortgage and rental assistance program, shall be remitted to the
department, including any current revolving account balances. The
department shall contract with a lender or contract collection agent to
act as a collection agent of the state. The lender or contract
collection agent shall collect payments on outstanding loans, and
deposit them into an interest-bearing account. The funds collected
shall be remitted to the department quarterly. Interest earned in the
account may be retained by the lender or contract collection agent, and
shall be considered a fee for processing payments on behalf of the
state. Repayments of loans granted under this chapter shall be made to
the lender or contract collection agent as long as the loan is
outstanding, notwithstanding the repeal of the chapter.
(21) Within amounts provided in this section, sufficient funding is
provided to implement Engrossed House Bill No. 1090 (trafficking of
persons).
(22) $10,208,818 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 2005 as follows:
(a) $3,533,522 to local units of government to continue
multijurisdictional narcotics task forces;
(b) $608,002 to the department to continue the drug prosecution
assistance program in support of multijurisdictional narcotics task
forces;
(c) $1,336,624 to the Washington state patrol for coordination,
investigative, and supervisory support to the multijurisdictional
narcotics task forces and for methamphetamine education and response;
(d) $196,130 to the department for grants to support tribal law
enforcement needs;
(e) $971,823 to the department of social and health services,
division of alcohol and substance abuse, for drug courts in eastern and
western Washington;
(f) $296,697 to the department for training and technical
assistance of public defenders representing clients with special needs;
(g) $683,586 to the department to continue domestic violence legal
advocacy;
(h) $885,526 to the department of social and health services,
juvenile rehabilitation administration, to continue youth violence
prevention and intervention projects;
(i) $59,688 to the department for community-based advocacy services
to victims of violent crime, other than sexual assault and domestic
violence;
(j) $89,239 to the department to continue the governor's council on
substance abuse;
(k) $97,084 to the department to continue evaluation of Byrne
formula grant programs;
(l) $650,846 to the office of financial management for criminal
history records improvement; and
(m) $800,051 to the department for required grant administration,
monitoring, and reporting on Byrne formula grant programs.
These amounts represent the maximum Byrne grant expenditure
authority for each program. No program may expend Byrne grant funds in
excess of the amounts provided in this subsection. If moneys in excess
of those appropriated in this subsection become available, whether from
prior or current fiscal year Byrne grant distributions, the department
shall hold those moneys in reserve and may not expend them without
specific appropriation. These moneys shall be carried forward and
applied to the pool of moneys available for appropriation for programs
and projects in the succeeding fiscal year. As part of its budget
request for the succeeding year, the department shall estimate and
request authority to spend any funds remaining in reserve as a result
of this subsection.
(23) $100,000 of the general fund--state appropriation for fiscal
year 2004 and $400,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for the purpose of grants to
support the base realignment and closure process. The department shall
develop and implement criteria and procedures such as the types of
activities that can be funded by the grants and requirements for local
matching funds for the issuance of grants to one organization within:
Island county, Kitsap county, Pierce county, Snohomish county, and
Spokane county. The department shall use a portion of the funding
provided to support the related activities of state agencies as
identified by the governor.
(24) $163,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for pass through to community voice mail
agencies as identified in this subsection, in order for these agencies
to provide people in crisis and transition free and personalized voice
mail services:
(a) The Opportunity Council, Bellingham, $15,000;
(b) Skagit Community Action, Skagit county, $12,000;
(c) The Opportunity Council, Island county, $11,000;
(d) Volunteers of America, Snohomish county, $10,616;
(e) Fremont Public Association, Seattle, $27,909;
(f) Metropolitan Development Council, Tacoma, $10,475;
(g) Community Voice Mail National, Olympia, $18,000;
(h) Council on Homelessness, Vancouver, $12,500;
(i) Chelan-Douglas Community Action, north central Washington,
$13,000;
(j) Benton-Franklin Community Action, south central Washington,
$17,500; and
(k) SNAP, Spokane, $15,000.
(25) $634,000 of the general fund--state appropriation for fiscal
year 2004, $634,000 of the general fund--state appropriation for fiscal
year 2005, and $1,101,000 of the administrative contingency account
appropriation are provided solely for contracting with associate
development organizations to maintain existing programs.
(26) $150,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely to the department of community, trade, and
economic development for the northwest orthopaedic institute to develop
additional organizational infrastructure to assist community-based
musculoskeletal health research.
(27) $300,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely to the department of community, trade, and
economic development for the youth assessment center in Pierce county
for activities dedicated to reducing the rate of incarceration of
juvenile offenders.
(28) $99,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for the retired senior volunteer program.
(29) $2,000,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for increased civil legal services for the
indigent. Of this amount, $100,000 shall be allocated to a general
farm organization with members in every county of the state to develop
and administer an alternative dispute resolution system for disputes
between farmers and farm workers.
(30) $2,000,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for deposit in the homeless families
services fund created in section 718 of this act.
(31) The entire homeless families services fund--state
appropriation is provided solely to administer the homeless families
fund and program created in section 718 of this act. It is the intent
of the legislature that beginning with the 2005-07 biennium, the
department choose a qualified contractor to administer the homeless
families services fund program.
(32) $421,000 of the general fund--state appropriation for fiscal
year 2004 and $193,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely to coordinate the state's efforts
in siting the 7E7 final assembly plant.
(33) $60,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for a study under (a) through (i) of this
subsection. Expenditure of this amount is contingent upon a $60,000
match from a county with a population exceeding one million. The
department shall conduct a study to:
(a) Detail the progress in each of the buildable land counties to
date in achieving annexation or incorporation of its urban growth area
since adoption of the county's county-wide planning policies to the
present time by documenting:
(i) The number of acres annexed;
(ii) The number of acres incorporated;
(iii) The number of residents annexed, incorporated, and remaining
in urban unincorporated areas; and
(iv) The characteristic of urban land remaining unincorporated in
terms of assessed value, infrastructure deficits, service needs, land
use, commercial development, and residential development;
(b) Determine the characteristics of remaining urban unincorporated
areas and current statutes, and estimate when all urban unincorporated
areas in each county will be annexed or incorporated, based on the rate
of progress to date;
(c) Survey the counties to identify those obstacles which, in their
experience, slow or prohibit annexation;
(d) Survey the cities in each of the subject counties to identify
obstacles, which in their experience, slow or prohibit annexation;
(e) Survey residents of urban unincorporated areas in each of the
subject counties to identify their attitudes towards annexation or
incorporation;
(f) Propose possible changes to city and county taxing authority
which will serve to aid the transfer of annexation of remaining urban
growth areas in a timely manner;
(g) Identify and discuss the need for funding of capital
improvement projects needed to provide urban levels of service;
(h) Assess the role and statutory authority of the boundary review
board and how altering their role and authority might facilitate
annexation; and
(i) Propose possible changes to growth management or annexation
processes which will facilitate annexation.
The department shall report to the local government committees of
the legislature no later than December 1, 2004.
If a county does not wish to participate in this study, the county
administrative officer shall submit those intentions, in writing, to
the department no later than July 1, 2004.
(34) $150,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for deposit in the small business
incubator account to implement Engrossed Substitute House Bill No. 2784
(small business incubator program). If this bill is not enacted by
June 30, 2004, the amount provided in this subsection shall lapse.
(35) $75,000 of the general fund--state appropriation for fiscal
year 2004 is provided solely to implement Substitute Senate Bill No.
6488 (agricultural lands study). If the bill is not enacted by June
30, 2004, the amount provided in this subsection shall lapse.
Sec. 109 2004 c 276 s 118 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $12,617,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($12,860,000))
$12,910,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $23,924,000
Violence Reduction and Drug Enforcement
Account -- State Appropriation . . . . . . . . . . . . $242,000
State Auditing Services Revolving
Account -- State Appropriation . . . . . . . . . . . . $25,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($49,668,000))
$49,718,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $67,000 of the general fund--state appropriation for fiscal
year 2004 and $232,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely to implement Second Substitute
Senate Bill No. 5694 (integrated permit system) and Second Substitute
Senate Bill No. 6217 (regulatory improvement center). If Second
Substitute Senate Bill No. 6217 is not enacted by June 30, 2004,
$50,000 of the general fund--state appropriation for fiscal year 2005
shall lapse.
(2) By November 15, 2003, the office of financial management shall
report to the house of representatives committees on appropriations,
capital budget, and transportation and to the senate committees on ways
and means and highways and transportation on the ten general priorities
of government upon which the 2005-07 biennial budgets will be
structured. Each priority must include a proposed set of cross agency
activities with definitions and outcome measures. For historical
comparisons, the 2001-03 expenditures and 2003-05 appropriations must
be restated in this format and organized by priority, activity, fund
source, and agency.
(3) $40,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for the office of financial management to
contract for an evaluation of the costs and benefits of additional
efforts aimed at encouraging K-12 employee collective bargaining units
to elect coverage under public employee benefits board (PEBB)
administered health care plans. This evaluation will include, but is
not limited to, the following: A review of current processes for the
procurement of health benefit coverage by K-12 employees; an assessment
of the costs and benefits for the state, local school districts, and K-12 employees of moving to PEBB administered health care plans; and
options for creating incentives for K-12 employee collective bargaining
units moving to PEBB administered plans. The office of financial
management shall report regarding the results of this study to the
governor and the fiscal committees of the legislature by December 1,
2004.
(4)(a) $75,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for a task force on noneconomic damages.
On or before October 31, 2005, the task force shall prepare a study and
develop, for consideration by the legislature, a proposed plan for
implementation of an advisory schedule of noneconomic damages in
actions for injuries resulting from health care under chapter 7.70 RCW.
Implementation of any proposed plan is contingent upon statutory
authorization by the legislature.
(b) The task force shall develop a proposed plan for use of an
advisory schedule of noneconomic damages, as defined in RCW 4.56.250,
that will increase the predictability and proportionality of
settlements and awards for noneconomic damages in actions for injuries
resulting from health care. The task force shall consider:
(i) The information that can most appropriately be used to provide
guidance to the trier of fact regarding noneconomic damage awards,
giving consideration to past noneconomic damage awards for similar
injuries, considering severity and duration of the injuries, and other
factors deemed appropriate by the task force; past noneconomic damage
awards for similar claims for damages; and such other information the
task force finds appropriate;
(ii) The most appropriate format in which to present the
information to the trier of fact; and
(iii) When and under what circumstances an advisory schedule should
be utilized in alternative dispute resolution settings and presented to
the trier of fact at trial.
(c) A proposed implementation plan shall include, at a minimum:
(i) The information developed under subsection (b) of this section;
(ii) Identification of statutory, regulatory, or court rule changes
necessary to implement the advisory schedule, as well as forms or other
documents necessary to implement the schedule; and
(iii) Identification of the time required to implement an advisory
schedule authorized by the legislature.
(d) The task force is composed of fourteen members, as follows:
(i) One member from each of the two largest caucuses in the senate, to
be appointed by the president of the senate, and one member from each
of the two largest caucuses in the house of representatives, to be
appointed by the speaker of the house of representatives; (ii) one
health care ethicist; (iii) one economist; (iv) one actuary; (v) two
attorneys with expertise or significant experience in medical
malpractice actions, one representing the plaintiff's bar and one
representing the insurance defense bar; (vi) two superior court judges;
(vii) one representative of a hospital; (viii) one physician; (ix) one
representative of a medical malpractice insurer; and (x) two consumers.
The governor shall appoint the nonlegislative members of the task force
and select a chair.
(e) Legislative members of the task force shall be reimbursed for
travel expenses under RCW 44.04.120. Nonlegislative members of the
task force shall be reimbursed for travel expenses as provided in RCW
43.03.050 and 43.03.060.
(f) The office of financial management shall provide support to the
task force with the assistance of staff from the administrative office
of the courts, the house of representatives office of program research,
and senate committee services.
(5) $252,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for the office to study land use and local
government finance and make recommendations on the impact that current
trends in city and county revenue sources and expenditures may have on
land use decisions made by counties and cities and meeting goals of the
growth management act. Among the areas to be studied: Local
government revenue sources and expenditures over the past decade; the
relationship between local government finances and land use decisions
including commercial, residential, and industrial development;
cooperation or competition of adjoining jurisdictions over land use and
annexation; the relationship new development has to existing commercial
and residential areas and its effect on a community's infrastructure
and quality of life. The study shall include recommendations for state
and local government fiscal partnerships that encourage cooperation
among jurisdictions to meet the goals of the growth management act, and
how the state and local government fiscal structure can better meet the
responsibilities of providing services to citizens and meeting the
goals of the growth management act.
Sec. 110 2003 1st sp.s. c 25 s 119 (uncodified) is amended to
read as follows:
FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $228,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($239,000))
$250,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($467,000))
$478,000
Sec. 111 2004 c 276 s 120 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF PERSONNEL
Department of Personnel Service Account -- State
Appropriation . . . . . . . . . . . . (($16,247,000))
$18,854,000
Higher Education Personnel Services Account -- State
Appropriation . . . . . . . . . . . . $1,612,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($17,859,000))
$20,466,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department is authorized to enter into a financing contract
for up to $38,911,000, plus necessary financing expenses and required
reserves, pursuant to chapter 39.94 RCW. The contract shall be to
purchase, develop, and implement a new statewide payroll system and
shall be for a term of not more than twelve years. The legislature
recognizes the critical nature of the human resource management system
and its relationship to successful implementation of civil service
reform, collective bargaining, and the ability to permit contracting
out of services to the private sector. Projects of this size and
complexity have many risks associated with their successful and timely
completion, therefore, to help ensure project success, the department
of personnel and the office of financial management shall jointly
report to the legislature by January 15, 2004, on progress toward
implementing the human resource management system. The report shall
include a description of mitigation strategies employed to address the
risks related to: Business requirements not fully defined at the
project outset; short time frame for system implementation; and delays
experienced by other states. The report shall assess the probability
of meeting the system implementation schedule and recommend contingency
strategies as needed. The report shall establish the timelines, the
critical path, and the dependencies for realizing each of the benefits
articulated in the system feasibility study.
(2) The department shall coordinate with the governor's office of
Indian affairs on providing one-day government to government training
sessions for federal, state, local, and tribal government employees.
The training sessions must cover tribal historical perspectives, legal
issues, tribal sovereignty, and tribal governments. Costs of the
training sessions shall be recouped through a fee charged to the
participants of each session.
Sec. 112 2004 c 276 s 121 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF REVENUE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $82,644,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($82,036,000))
$82,606,000
Timber Tax Distribution Account -- State
Appropriation . . . . . . . . . . . . $5,327,000
Waste Education/Recycling/Litter Control -- State
Appropriation . . . . . . . . . . . . $101,000
State Toxics Control Account -- State
Appropriation . . . . . . . . . . . . $67,000
Oil Spill Administration Account -- State
Appropriation . . . . . . . . . . . . $14,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($170,189,000))
$170,759,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $120,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely to implement Senate Bill No. 5034 (senior
citizen property tax exemption). If the bill is not enacted by June
30, 2004, the amount provided in this subsection shall lapse.
(2) $136,000 of the timber tax distribution account appropriation
is provided solely to implement Engrossed Substitute House Bill No.
2693 (taxation of timber). If the bill is not enacted by June 30,
2004, the amount provided in this subsection shall lapse.
Sec. 113 2004 c 276 s 122 (uncodified) is amended to read as
follows:
FOR THE BOARD OF TAX APPEALS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,186,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($1,033,000))
$1,055,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,219,000))
$2,241,000
Sec. 114 2004 c 276 s 123 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
OMWBE Enterprises Account -- State
Appropriation . . . . . . . . . . . . (($1,990,000))
$2,409,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) The office's revolving fund charges to state agencies may not
exceed $1,534,000.
(2) During the 2003-05 biennium, the office may receive gifts,
grants, or endowments from public or private sources that are made from
time to time, in trust or otherwise, for the use and benefit of the
purposes of the office and spend gifts, grants, or endowments or income
from the public or private sources according to their terms, unless the
receipt of the gifts, grants, or endowments violates RCW 42.17.710.
(3) During the 2003-05 biennium, the office may raise fees in
excess of the fiscal growth factor.
Sec. 115 2004 c 276 s 124 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $235,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $233,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $3,865,000
General Administration Services Account -- State
Appropriation . . . . . . . . . . . . (($38,856,000))
$39,216,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($43,189,000))
$43,549,000
Sec. 116 2004 c 276 s 126 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF INFORMATION SERVICES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,000,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($1,650,000))
$1,771,000
Data Processing Revolving Account -- State Appropriation . . . . . . . . . . . . $3,569,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($6,219,000))
$6,340,000
The appropriations in this section are subject to the following
conditions and limitations: $1,000,000 of the general fund--state
appropriation for fiscal year 2004 and (($1,650,000)) $1,771,000 of the
general fund--state appropriation for fiscal year 2005 are provided
solely for the digital learning commons to create a demonstration
project, in collaboration with schools, which will provide a web-based
portal where students, parents, and teachers from around the state will
have access to digital curriculum resources, learning tools, and online
classes. The intent is to establish a clearinghouse of high quality
online courses and curriculum materials that are aligned with the
state's essential learning requirements. The clearinghouse shall be
designed for ease of use and shall pool the purchasing power of the
state so that these resources and courses are affordable and accessible
to schools, teachers, students, and parents. These appropriations are
subject to the following conditions and limitations:
(1) The funding provided in this section shall be expended
primarily for acquiring online courses and curriculum materials that
are aligned with the state "essential learning requirements" and that
meet standards of quality. No more than ten percent of the funds
provided in this subsection shall be used for administrative expenses
of the digital learning commons.
(2) To the maximum extent possible, funds shall be used on
demonstration projects that utilize online course materials and
curricula that are already available. The commons may also consider
utilizing existing products in establishing the entire digital learning
commons.
(3) By September 1, 2003, the digital learning commons shall begin
offering access to and reimbursement for online courses and services.
(4) In consultation with the department of information services,
the office of financial management shall monitor compliance with these
conditions and limitations. By February 1, 2004, the digital learning
commons shall submit a report to the governor and the appropriate
legislative committees detailing the types of courses and services
offered and the number of students served through the digital learning
commons.
Sec. 117 2004 c 276 s 129 (uncodified) is amended to read as
follows:
FOR THE LIQUOR CONTROL BOARD
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,454,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $1,455,000
Liquor Control Board Construction and Maintenance
Account -- State Appropriation . . . . . . . . . . . . (($5,717,000))
$10,217,000
Liquor Revolving Account -- State
Appropriation . . . . . . . . . . . . (($135,303,000))
$135,635,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($143,929,000))
$148,761,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $2,000,000 of the liquor revolving account appropriation is
provided solely for the costs associated with the merchandising
business system, with priority placed on the point-of-sale component of
the system. Actual expenditures are limited to the balance of funds
remaining from the $4,803,000 appropriation provided for the
merchandise business system in the 2001-03 budget.
(2) $1,309,000 of the liquor revolving account appropriation is
provided solely for the costs associated with the merchandising
business system solution, with priority placed on the point-of-sale
component of the system. These costs include hiring system-related
staff and procuring system-related hardware and software.
(3) As required under RCW 66.16.010, the liquor control board shall
add an equivalent surcharge of $0.42 per liter on all retail sales of
spirits, excluding licensee, military and tribal sales, effective no
later than September 1, 2003. The intent of this surcharge is to raise
(($14,000,000 in)) additional revenue for the 2003-05 biennium. ((To
the extent that a lesser surcharge is sufficient to raise $14,000,000,
the board may reduce the amount of the surcharge. The board shall
remove the surcharge once it generates $14,000,000, but no later than
June 30, 2005.))
(4) During the 2003-2005 fiscal biennium, the board may increase
the fee for the certificate of approval in excess of the fiscal growth
factor under RCW 43.135.055 if the increase is necessary to fully fund
the costs of administering the certificate of approval program under
Substitute Senate Bill No. 6655, as amended. If the bill is not
enacted by June 30, 2004, this subsection is null and void.
(5) $385,000 of the liquor revolving account--state appropriation
is provided solely to implement Engrossed Substitute Senate Bill No.
6655 (beer/wine manufacturers). If the bill is not enacted by June 30,
2004, the amount provided in this subsection shall lapse.
(6) $4,500,000 of the liquor control board construction and
maintenance account is provided solely for a three-level pick module,
a pick module conveyor, additional deck lanes, associated material
handling system equipment, and architectural and engineering/project
management consulting fees to increase the liquor distribution center's
shipping capacity.
Sec. 118 2004 c 276 s 131 (uncodified) is amended to read as
follows:
FOR THE MILITARY DEPARTMENT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $8,578,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($8,466,000))
$8,494,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($143,243,000))
$143,305,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $371,000
Enhanced 911 Account -- State Appropriation . . . . . . . . . . . . $33,955,000
Disaster Response Account -- State Appropriation . . . . . . . . . . . . (($3,387,000))
$2,723,000
Disaster Response Account--Federal Appropriation . . . . . . . . . . . . (($7,857,000))
$7,062,000
Worker and Community Right to Know Fund -- State
Appropriation . . . . . . . . . . . . $290,000
Nisqually Earthquake Account -- State
Appropriation . . . . . . . . . . . . (($17,869,000))
$15,000,000
Nisqually Earthquake Account -- Federal
Appropriation . . . . . . . . . . . . (($62,103,000))
$48,256,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($286,119,000))
$268,034,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $190,000 of the disaster response account--state appropriation
is provided solely to develop and implement a disaster grant management
system. The military department shall also submit a report quarterly
to the office of financial management and the legislative fiscal
committees detailing information on the disaster response account,
including: (a) The amount and type of deposits into the account; (b)
the current available fund balance as of the reporting date; and (c)
the projected fund balance at the end of the 2003-05 biennium based on
current revenue and expenditure patterns.
(2) $14,869,000 of the Nisqually earthquake account--state
appropriation and $62,103,000 of the Nisqually earthquake account--federal appropriation are provided solely for response and recovery
costs associated with the February 28, 2001, earthquake. The military
department shall submit a report quarterly to the office of financial
management and the legislative fiscal committees detailing earthquake
recovery costs, including: (a) Estimates of total costs; (b)
incremental changes from the previous estimate; (c) actual
expenditures; (d) estimates of total remaining costs to be paid; and
(e) estimates of future payments by biennium. This information shall
be displayed by fund, by type of assistance, and by amount paid on
behalf of state agencies or local organizations. The military
department shall also submit a report quarterly to the office of
financial management and the legislative fiscal committees detailing
information on the Nisqually earthquake account, including: (a) The
amount and type of deposits into the account; (b) the current available
fund balance as of the reporting date; and (c) the projected fund
balance at the end of the 2003-05 biennium based on current revenue and
expenditure patterns.
(3) $3,000,000 of the Nisqually earthquake account--state
appropriation is provided solely to cover other response and recovery
costs associated with the Nisqually earthquake that are not eligible
for federal emergency management agency reimbursement. Prior to
expending funds provided in this subsection, the military department
shall obtain prior approval of the director of financial management.
Prior to approving any single project of over $1,000,000, the office of
financial management shall notify the fiscal committees of the
legislature. The military department is to submit a quarterly report
detailing the costs authorized under this subsection to the office of
financial management and the legislative fiscal committees.
(4) $200,000 of the general fund--state appropriation for fiscal
year 2004, $200,000 of the general fund--state appropriation for fiscal
year 2005, and $105,952,000 of the general fund--federal appropriation
are provided solely for homeland security, to be distributed as
follows:
(a) $9,469,000 of the general fund--federal appropriation to units
of local government for homeland security purposes. Any communications
equipment purchased shall be consistent with standards set by the
Washington state interoperability executive committee;
(b) $200,000 of the general fund--state appropriation for fiscal
year 2004, $200,000 of the general fund--state appropriation for fiscal
year 2005, and $2,713,000 of the general fund--federal appropriation to
the department to conduct the terrorism consequence management program;
(c) $100,000 of the general fund--federal appropriation to the
department to conduct a critical infrastructure assessment;
(d) $674,000 of the general fund--federal appropriation to the
office of financial management for the citizen corps and the community
emergency response teams;
(e) $1,384,000 of the general fund--federal appropriation to the
department to provide homeland security exercise and training
opportunities to state and local governments, and to develop, monitor,
coordinate, and manage statewide homeland security programs, including
required grant administration, monitoring, and reporting;
(f) $89,677,000 of the general fund--federal appropriation for
other anticipated homeland security needs. This amount shall not be
allotted until a spending plan is approved by the governor's domestic
security advisory group and the office of financial management;
(g) The remaining general fund--federal appropriation may be
expended according to federal requirements;
(h) Federal moneys shall be carried forward and applied to the pool
of moneys available for appropriation for programs and projects in the
succeeding fiscal year. Funding is contingent upon receipt of federal
awards. As part of its budget request in each year, the department
shall estimate and request authority to spend any federal funds
remaining available as a result of this subsection;
(i) The department shall submit a quarterly report to the office of
financial management and the legislative fiscal committees detailing
the governor's domestic security advisory group recommendations;
homeland security revenues and expenditures, including estimates of
total federal funding for Washington state; incremental changes from
the previous estimate, planned and actual homeland security
expenditures by the state and local governments with this federal
funding; and matching or accompanying state or local expenditures.
Sec. 119 2004 c 276 s 132 (uncodified) is amended to read as
follows:
FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $2,362,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($2,437,000))
$2,396,000
Department of Personnel Service Account -- State
Appropriation . . . . . . . . . . . . $2,542,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($7,341,000))
$7,300,000
((The appropriations in this section are subject to the following
conditions and limitations: $41,000 of the general fund--state
appropriation for fiscal year 2005 is provided solely for the
implementation of Second Substitute House Bill No. 2295 or Second
Engrossed Substitute Senate Bill No. 5012 (charter schools). If
neither bill is enacted by June 30, 2004, the amount provided in this
subsection shall lapse.))
Sec. 120 2003 1st sp.s. c 25 s 152 (uncodified) is amended to
read as follows:
FOR THE GROWTH PLANNING HEARINGS BOARD
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,536,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($1,467,000))
$1,522,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,003,000))
$3,058,000
Sec. 201 2004 c 276 s 201 (uncodified) is amended to read as
follows:
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 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)(a) The appropriations to the department of social and health
services in this act shall be expended for the programs and in the
amounts specified in this act. However, after May 1, 2004, unless
specifically prohibited by this act, the department may transfer
general fund -- state appropriations for fiscal year 2004 among programs
after approval by the director of financial management; and after May
1, 2005, unless specifically prohibited by this act, the department may
transfer general fund--state appropriations for fiscal year 2005 among
programs after approval by the director of financial management.
However, the department shall not transfer state moneys that are
provided solely for a specified purpose except as expressly provided in
subsection (3)(b) of this section.
(b) To the extent that transfers under subsection (3)(a) of this
section are insufficient to fund actual expenditures in excess of
fiscal year 2004 caseload forecasts and utilization assumptions in the
medical assistance, long-term care, foster care, adoption support, and
child support programs, the department may transfer state moneys that
are provided solely for a specified purpose after approval by the
director of financial management.
(c) The director of financial management shall notify the
appropriate fiscal committees of the senate and house of
representatives in writing prior to approving any allotment
modifications or transfers under this subsection.
(4) After consultation and coordination with local elected
officials and community groups to assure there will be no degradation
in existing services as a result of implementing the Washington
medicaid integration project, the department shall report its progress
to the appropriate committees of the legislature during the 2004
September committee assembly days and is authorized to develop an
integrated health care program designed to slow the progression of
illness and disability and better manage Medicaid expenditures for the
aged and disabled population. Under this Washington medicaid
integration partnership (WMIP) the department may combine and transfer
such Medicaid funds appropriated under sections 204, 206, 208, and 209
of this act as may be necessary to finance a unified health care plan
for the WMIP program enrollment. The WMIP pilot projects shall not
exceed a daily enrollment of 6,000 persons during the 2003-05 biennium.
The amount of funding assigned to the pilot projects from each program
may not exceed the average per capita cost assumed in this act for
individuals covered by that program, actuarially adjusted for the
health condition of persons enrolled in the pilot, times the number of
clients enrolled in the pilot. In implementing the WMIP pilot
projects, the department may: (a) Withhold from calculations of
"available resources" as set forth in RCW 71.24.025 a sum equal to the
capitated rate for individuals enrolled in the pilots; and (b) employ
capitation financing and risk-sharing arrangements in collaboration
with health care service contractors licensed by the office of the
insurance commissioner and qualified to participate in both the
medicaid and medicare programs. The department shall conduct an
evaluation of the WMIP, measuring changes in participant health
outcomes, changes in patterns of service utilization, participant
satisfaction, participant access to services, and the state fiscal
impact.
Sec. 202 2004 c 276 s 202 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- CHILDREN AND FAMILY
SERVICES PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $219,291,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($229,924,000))
$226,779,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($422,870,000))
$422,254,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $400,000
Public Safety and Education Account --
State Appropriation . . . . . . . . . . . . $21,488,000
Violence Reduction and Drug Enforcement Account --
State Appropriation . . . . . . . . . . . . $1,488,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($895,461,000))
$891,700,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $2,271,000 of the fiscal year 2004 general fund--state
appropriation, $2,271,000 of the fiscal year 2005 general fund--state
appropriation, and $1,584,000 of the general fund--federal
appropriation are provided solely for the category of services titled
"intensive family preservation services."
(2) $701,000 of the general fund--state fiscal year 2004
appropriation and $701,000 of the general fund--state fiscal year 2005
appropriation are provided to contract for the operation of one
pediatric interim care facility. The facility shall provide
residential care for up to thirteen 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 shall also 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.
(3) $375,000 of the general fund--state fiscal year 2004
appropriation, $375,000 of the general fund--state fiscal year 2005
appropriation, and $322,000 of the general fund--federal appropriation
are provided 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 that have successfully performed under the existing
pediatric interim care program.
(4) The providers for the 31 HOPE beds shall be paid a $1,000 base
payment per bed per month, and reimbursed for the remainder of the bed
cost only when the beds are occupied.
(5) $125,000 of the general fund--state appropriation for fiscal
year 2004 and $125,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for a foster parent retention
program. This program is directed at foster parents caring for
children who act out sexually.
(6) Within funding provided for the foster care and adoption
support programs, the department shall control reimbursement decisions
for foster care and adoption support cases such that the aggregate
average cost per case for foster care and for adoption support does not
exceed the amounts assumed in the projected caseload expenditures. The
department shall adjust adoption support benefits to account for the
availability of the new federal adoption support tax credit for special
needs children.
(7) $50,000 of the fiscal year 2004 general fund--state
appropriation and $50,000 of the fiscal year 2005 general fund--state
appropriation are provided solely for a street youth program in
Spokane.
(8) $2,000,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely to increase shelter and other services for
victims of domestic violence, including $65,000 for domestic violence
shelter operating costs in Shelton.
(9) $1,773,000 of the general fund--state appropriation for fiscal
year 2005 and $531,000 of the general fund--federal appropriation are
provided solely to implement Engrossed Substitute Senate Bill No. 6642
(case conferences), CAMIS user interface improvements, and family team
decision meetings, as part of the department's program improvement plan
implementation.
(10) The department shall convene regional and local department
staff and community-based agency staff to develop recommended policies
and protocols concerning collaborative decision making, including
contracting, referrals, and resource allocation. The department shall
submit these recommendations to the governor and the appropriate
committees of the legislature by December 1, 2004.
Sec. 203 2004 c 276 s 203 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- JUVENILE
REHABILITATION PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $72,362,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($72,697,000))
$75,425,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($6,260,000))
$6,343,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,098,000
Juvenile Accountability Incentive
Account -- Federal Appropriation . . . . . . . . . . . . $7,300,000
Violence Reduction and Drug Enforcement Account --
State Appropriation . . . . . . . . . . . . $37,699,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($195,284,000))
$200,227,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $695,000 of the violence reduction and drug enforcement account
appropriation is provided solely for deposit in the county criminal
justice assistance account for costs to the criminal justice system
associated with the implementation of chapter 338, Laws of 1997
(juvenile code revisions). The amounts provided in this subsection are
intended to provide funding for county adult court costs associated
with the implementation of chapter 338, Laws of 1997 and shall be
distributed in accordance with RCW 82.14.310.
(2) $6,065,000 of the violence reduction and drug enforcement
account appropriation is provided solely for the implementation of
chapter 338, Laws of 1997 (juvenile code revisions). The amounts
provided in this subsection are intended to provide funding for county
impacts associated with the implementation of chapter 338, Laws of 1997
and shall be distributed to counties as prescribed in the current
consolidated juvenile services (CJS) formula.
(3) $1,204,000 of the general fund -- state appropriation for fiscal
year 2004, $1,204,000 of the general fund -- state appropriation for
fiscal year 2005, and $5,262,000 of the violence reduction and drug
enforcement account appropriation are provided solely to implement
community juvenile accountability grants pursuant to chapter 338, Laws
of 1997 (juvenile code revisions). Funds provided in this subsection
may be used solely for community juvenile accountability grants,
administration of the grants, and evaluations of programs funded by the
grants.
(4) $2,544,000 of the violence reduction and drug enforcement
account appropriation is provided solely to implement alcohol and
substance abuse treatment programs for locally committed offenders.
The juvenile rehabilitation administration shall award these moneys on
a competitive basis to counties that submitted a plan for the provision
of services approved by the division of alcohol and substance abuse.
The juvenile rehabilitation administration shall develop criteria for
evaluation of plans submitted and a timeline for awarding funding and
shall assist counties in creating and submitting plans for evaluation.
(5) $16,000 of the general fund -- state appropriation for fiscal
year 2004 and $16,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for the implementation of chapter
167, Laws of 1999 (firearms on school property). The amounts provided
in this subsection are intended to provide funding for county impacts
associated with the implementation of chapter 167, Laws of 1999, and
shall be distributed to counties as prescribed in the current
consolidated juvenile services (CJS) formula.
(6) $16,000 of the violence reduction and drug enforcement account
appropriation is provided solely for the evaluation of the juvenile
offender co-occurring disorder pilot program.
(7) For the purposes of a pilot project recommended by the family
policy council, the juvenile rehabilitation administration shall
provide a block grant, rather than categorical funding, for
consolidated juvenile services, community juvenile accountability act
grants, the chemically dependent disposition alternative, and the
special sex offender disposition alternative to the Pierce county
juvenile court. To evaluate the effect of decategorizing funding for
youth services, the juvenile court shall do the following:
(a) Develop intermediate client outcomes according to the risk
assessment tool (RAT) currently used by juvenile courts and in
coordination with the juvenile rehabilitation administration and the
family policy council;
(b) Track the number of youth participating in each type of
service, intermediate outcomes, and the incidence of recidivism within
twenty-four months of completion of services;
(c) Track similar data as in (b) of this subsection with an
appropriate control group, selected in coordination with the juvenile
rehabilitation administration and the family policy council;
(d) Document the process for managing block grant funds on a
quarterly basis, and provide this report to the juvenile rehabilitation
administration and the family policy council; and
(e) Provide an initial process evaluation to the juvenile
rehabilitation administration and the family policy council by January
30, 2004, and an intermediate evaluation by December 31, 2004. The
court shall develop this evaluation in consultation with the juvenile
rehabilitation administration, the family policy council, and the
Washington state institute for public policy.
(8) $158,000 of the general fund--state appropriation for fiscal
year 2004 and $580,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely to reimburse counties for local
juvenile disposition alternatives implemented pursuant to Senate Bill
No. 5903 (juvenile offender sentencing). The juvenile rehabilitation
administration, in consultation with the juvenile court administrators,
shall develop an equitable distribution formula for the funding
provided in this subsection. The juvenile rehabilitation
administration may adjust this funding level in the event that
utilization rates of the disposition alternatives are lower than the
level anticipated by the total appropriations to the juvenile
rehabilitation administration in this section. If the bill is not
enacted by June 30, 2003, the amounts provided in this subsection shall
lapse.
(9) $1,416,000 of the general fund--state appropriation for fiscal
year 2004 and $1,417,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for additional research-based
services to the juvenile parole population, including quality control
efforts to ensure appropriate implementation of research-based
services. The juvenile rehabilitation administration shall consult
with the Washington state institute for public policy in deciding which
interventions to provide to the parole population and appropriate
levels of quality control. Of the total general fund--state
appropriation for fiscal year 2004, up to $55,000 may be used for
additional suicide precaution training for staff.
Sec. 204 2004 c 276 s 204 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- MENTAL HEALTH
PROGRAM
(1) COMMUNITY SERVICES/REGIONAL SUPPORT NETWORKS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $200,251,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($214,010,000))
$211,750,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($405,549,000))
$403,288,000
General Fund -- Local Appropriation . . . . . . . . . . . . $1,970,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($821,780,000))
$836,659,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) Regional support networks shall use portions of the general
fund -- state appropriation for implementation of working agreements with
the vocational rehabilitation program that will maximize the use of
federal funding for vocational programs.
(b) From the general fund -- state appropriations in this subsection,
the secretary of social and health services shall assure that regional
support networks reimburse the aging and disability services
administration for the general fund -- state cost of medicaid personal
care services that enrolled regional support network consumers use
because of their psychiatric disability.
(c) $4,222,000 of the general fund -- state appropriation for fiscal
year 2004, $4,222,000 of the general fund -- state appropriation for
fiscal year 2005, and $8,444,000 of the general fund -- federal
appropriation are provided solely for the continued operation of
community residential and support services for persons whose treatment
needs constitute substantial barriers to community placement and who no
longer require active psychiatric treatment at an inpatient hospital
level of care, no longer meet the criteria for inpatient involuntary
commitment, and have been discharged from a state psychiatric hospital.
Primary responsibility and accountability for provision of appropriate
community support for persons placed with these funds shall reside with
the mental health program and the regional support networks, with
partnership and active support from the alcohol and substance abuse
division and from the aging and disability services administration.
The department shall continue performance-based incentive contracts to
provide appropriate community support services for individuals leaving
the state hospitals under this subsection. The department shall first
seek to contract with regional support networks before offering a
contract to any other party. The funds appropriated in this subsection
shall not be considered "available resources" as defined in RCW
71.24.025 and are not subject to the standard allocation formula
applied in accordance with RCW 71.24.035(13)(a).
(d) At least $902,000 of the federal block grant funding
appropriated in this subsection shall be used for the continued
operation of the mentally ill offender pilot program.
(e) Within funds appropriated in this subsection, the department
shall contract with the Clark county regional support network for
development and operation of a project demonstrating collaborative
methods for providing intensive mental health services in the school
setting for severely emotionally disturbed children who are medicaid
eligible. Project services are to be delivered by teachers and
teaching assistants who qualify as, or who are under the supervision
of, mental health professionals meeting the requirements of chapter
275-57 WAC. The department shall increase medicaid payments to the
regional support network by the amount necessary to cover the necessary
and allowable costs of the demonstration, not to exceed the upper
payment limit specified for the regional support network in the
department's medicaid waiver agreement with the federal government
after meeting all other medicaid spending requirements assumed in this
subsection. The regional support network shall provide the department
with (i) periodic reports on project service levels, methods, and
outcomes; and (ii) an intergovernmental transfer equal to the state
share of the increased medicaid payment provided for operation of this
project.
(f) The department shall assure that each regional support network
increases spending on direct client services in fiscal years 2004 and
2005 by at least the same percentage as the total state, federal, and
local funds allocated to the regional support network in those years
exceed the amounts allocated to it in fiscal year 2003.
(2) INSTITUTIONAL SERVICES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $86,607,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($87,592,000))
$90,793,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($146,945,000))
$146,194,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($29,063,000))
$28,419,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($350,207,000))
$352,013,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) 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.
(b) The mental health program at Western state hospital shall
continue to use labor provided by the Tacoma prerelease program of the
department of corrections.
(c) $124,000 of the general fund--state appropriation for fiscal
year 2005, $19,000 of the general fund--private/local appropriation,
and $17,000 of the general fund--federal appropriation are provided
solely for implementation of Senate Bill No. 6358 (treatment orders).
If Senate Bill No. 6358 is not enacted by June 30, 2004, the amount
provided in this subsection shall lapse.
(3) CIVIL COMMITMENT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $29,194,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($34,400,000))
$39,914,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($63,594,000))
$69,108,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) $300,000 of the general fund--state appropriation for fiscal
year 2004 and $300,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for public safety mitigation
funding for jurisdictions affected by the placement of the secure
community transition facility on McNeil Island. Of this amount,
$45,000 per year shall be provided to the city of Lakewood on September
1, 2003, and September 1, 2004, for police protection services provided
by the city at Western State Hospital and adjacent areas. Of the
remaining $255,000 per year, the department shall reimburse the
affected jurisdictions for their documented costs that have been
negotiated in an interagency agreement between the department and each
jurisdiction, as follows:
(i) Up to $125,000 per year shall be provided to Pierce county for
its additional public safety costs as defined in RCW 71.09.344(2).
(ii) Up to $45,000 per year shall be provided to affected
jurisdictions other than Pierce county for the costs of training their
law enforcement and administrative personnel as defined in RCW
71.09.344(2)(a).
(iii) The remaining amounts are for affected jurisdictions other
than Pierce county for reimbursement of their documented public safety
costs as defined in RCW 71.09.344(2) (b), (c), and (d).
(b) $4,000 of the general fund--state appropriation for fiscal year
2004 and $354,000 of the general fund--state appropriation for fiscal
year 2005 are provided solely for mitigation costs associated with the
development and occupancy of the secure community transition facility
in Seattle, as described in the settlement agreement dated February 3,
2004, between the department and the city of Seattle. If City of
Seattle v. DSHS, King County Superior Court Cause No. 03-2-37882-SEA is
not dismissed with prejudice by July 1, 2004, this appropriation shall
lapse. If the proceeding requested by the city under RCW 71.09.342(5)
is not withdrawn or dismissed with prejudice by July 1, 2004, this
appropriation shall lapse.
(c) $1,212,000 of the general fund--state appropriation for fiscal
year 2004 and $1,260,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for legal fees charged to the
special commitment program, including increased hourly rates.
(4) SPECIAL PROJECTS
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,082,000
(5) PROGRAM SUPPORT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $3,124,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($3,208,000))
$3,485,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($5,918,000))
$5,539,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($12,250,000))
$12,722,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) $113,000 of the general fund -- state appropriation for fiscal
year 2004, $125,000 of the general fund -- state appropriation for fiscal
year 2005, and $164,000 of the general fund -- federal appropriation are
provided solely for the institute for public policy to evaluate the
impacts of chapter 214, Laws of 1999 (mentally ill offenders), chapter
297, Laws of 1998 (commitment of mentally ill persons), and chapter
334, Laws of 2001 (mental health performance audit).
(b) $50,000 of the general fund -- state appropriation for fiscal
year 2004 and $50,000 of the general fund -- federal appropriation are
provided solely for a study of the prevalence of mental illness among
the state's regional support networks. The study shall examine how
reasonable estimates of the prevalence of mental illness relate to the
incidence of persons enrolled in medical assistance programs in each
regional support network area. In conducting this study, the
department shall consult with the joint legislative audit and review
committee, regional support networks, community mental health
providers, and mental health consumer representatives. The department
shall submit a final report on its findings to the fiscal, health care,
and human services committees of the legislature by November 1, 2003.
(c) $53,000 of the general fund--state appropriation and $47,000 of
the general fund--federal appropriation for fiscal year 2005 are
provided solely for development of a plan for maintaining and
increasing the number of beds available for treatment of persons
experiencing acute psychiatric emergencies. The plan is to provide an
estimate of the number of state hospital and community acute care beds
needed in different areas of the state, and to estimate the
construction and operating cost of meeting that need under alternative
operating arrangements.
Sec. 205 2004 c 276 s 205 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- DEVELOPMENTAL
DISABILITIES PROGRAM
(1) COMMUNITY SERVICES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $250,633,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($274,414,000))
$271,369,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($453,434,000))
$449,765,000
Health Services Account -- State
Appropriation . . . . . . . . . . . . $971,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($979,452,000))
$972,738,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) Any new funding for family support and high school transition
along with a portion of existing funding for these programs shall be
provided as supplemental security income (SSI) state supplemental
payments for persons with developmental disabilities in families with
taxable incomes at or below 150 percent of median family income.
Individuals receiving family support or high school transition payments
shall not become eligible for medical assistance under RCW 74.09.510
due solely to the receipt of SSI state supplemental payments.
(b) The health services account appropriation and $971,000 of the
general fund -- federal appropriation are provided solely for health care
benefits for home care workers with family incomes below 200 percent of
the federal poverty level who are employed through state contracts for
twenty hours per week or more.
(i) Premium payments for individual provider home care workers
shall be made only to the subsidized basic health plan.
(ii) Home care agencies may obtain coverage either through the
basic health plan or through an alternative plan with substantially
equivalent benefits. Premium payments made to home care agencies shall
be limited to home care workers who are employed at least twenty hours
per week to serve state-funded clients. It is the intent of the
legislature to fund the purchase of health care benefits for agency
home care providers in a more fiscally prudent manner. The legislature
encourages agency providers to purchase more cost-effective health care
benefits, including increasing participation in the basic health plan
or purchasing substantially equivalent benefits with substantially
equivalent costs.
(c) $562,000 of the general fund -- state appropriation for fiscal
year 2004, $1,767,000 of the general fund -- state appropriation for
fiscal year 2005, and $2,266,000 of the general fund -- federal
appropriation are provided solely for community residential and support
services. Funding in this subsection shall be prioritized for (i)
residents of residential habilitation centers who are able to be
adequately cared for in community settings and who choose to live in
those community settings; (ii) clients without residential services who
are at immediate risk of institutionalization or in crisis; (iii)
children who are aging out of other state services; and (iv) current
home and community-based waiver program clients who have been assessed
as having an immediate need for increased services. The department
shall ensure that the average cost per day for all program services
other than start-up costs shall not exceed $300. In order to maximize
the number of clients served and ensure the cost-effectiveness of the
waiver programs, the department will strive to limit new client
placement expenditures to 90 percent of the budgeted daily rate. If
this can be accomplished, additional clients may be served with excess
funds provided the total projected carry-forward expenditures do not
exceed the amounts estimated. The department shall implement the four
new waiver programs such that decisions about enrollment levels and the
amount, duration, and scope of services maintain expenditures within
appropriations. The department shall electronically report to the
appropriate committees of the legislature, within 45 days following
each fiscal year quarter, the number of residents moving into community
settings and the actual expenditures for all community services to
support those residents.
(d) $563,000 of the general fund -- state appropriation for fiscal
year 2004, $1,390,000 of the general fund -- state appropriation for
fiscal year 2005, and $1,905,000 of the general fund -- federal
appropriation are provided solely for expanded community services for
persons with developmental disabilities who also have community
protection issues. Funding in this subsection shall be prioritized for
(i) clients being diverted or discharged from the state psychiatric
hospitals; (ii) clients participating in the dangerous mentally ill
offender program; (iii) clients participating in the community
protection program; and (iv) mental health crisis diversion
outplacements. The department shall ensure that the average cost per
day for all program services other than start-up costs shall not exceed
$300. In order to maximize the number of clients served and ensure the
cost-effectiveness of the waiver programs, the department will strive
to limit new client placement expenditures to 90 percent of the
budgeted daily rate. If this can be accomplished, additional clients
may be served with excess funds provided the total projected carry-forward expenditures do not exceed the amounts estimated. The
department shall implement the four new waiver programs such that
decisions about enrollment levels and the amount, duration, and scope
of services maintain expenditures within appropriations. The
department shall electronically report to the appropriate committees of
the legislature, within 45 days following each fiscal year quarter, the
number of persons served with these additional community services,
where they were residing, what kinds of services they were receiving
prior to placement, and the actual expenditures for all community
services to support these clients.
(e) The department shall provide a status report on the transition,
implementation, and operation of the four home and community-based
waivers that will replace the community alternatives program waiver.
The department shall electronically report to the appropriate
committees of the legislature, within 45 days following each fiscal
year quarter for the quarters through December 2004, the following
information for each home and community-based waiver: Total projected
state and federal fiscal year expenditures, year-to-date actual
expenditures compared to projected expenditures, year-to-date
unduplicated clients compared to projected clients, actual average per
capita costs compared to projected per capita costs, number of
transfers between waivers, amount of emergency funds spent to date
compared to projected emergency costs, state and federal funds
transferred from the medicaid personal care program to the four home
and community-based waiver programs, and the year-to-date number of new
clients added to a waiver program.
(f) The department may transfer funding provided in this subsection
to meet the purposes of subsection (2) of this section to the extent
that fewer residents of residential habilitation centers choose to move
to community placements than was assumed in this appropriation.
(g) $3,202,000 of the general fund--state appropriation for fiscal
year 2004, $4,472,000 of the general fund--state appropriation for
fiscal year 2005, and $7,633,000 of the general fund--federal
appropriation are provided solely for the purpose of providing a wage
increase effective October 1, 2003, for individual home care workers
providing state-funded services. The amounts in this subsection also
include the funds needed for the employer share of unemployment and
social security taxes on the amount of the increase.
(h) $213,000 of the general fund--state appropriation for fiscal
year 2004, $289,000 of the general fund--state appropriation for fiscal
year 2005, and $500,000 of the general fund--federal appropriation are
provided solely to increase payments to agency home care providers from
$13.44 per hour to $14.27 per hour effective October 1, 2003. The
amounts in this subsection shall be used to increase compensation for
direct care workers by 75 cents per hour. The amounts in this
subsection also include the funds needed for the employer share of
unemployment and social security taxes on the amount of the increase.
(i) $1,000,000 of the general fund--state appropriation for fiscal
year 2005 and $300,000 of the general fund--federal appropriation are
provided solely for employment and day services. Priority
consideration for this new funding shall be young adults with
developmental disabilities living with their family who need employment
opportunities and assistance after high school graduation. Services
shall be provided proportionately between waiver and nonwaiver clients.
Federal funds may be used to enhance this funding only to the extent
that a client is already on a home and community-based waiver. This
funding shall not be used to add new clients to a home and community-based waiver.
(j) $312,000 of the general fund--state appropriation for fiscal
year 2005 and $290,000 of the general fund--federal appropriation are
provided solely to increase payments to agency home care providers from
$14.27 per hour to $14.93 per hour, effective October 1, 2004. The
amounts in this subsection shall be used to increase compensation for
direct care workers by 50 cents per hour. The amounts in this
subsection also include the funds needed for the employer share of
unemployment and social security taxes on the amount of the increase.
(2) INSTITUTIONAL SERVICES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $67,708,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($70,794,000))
$70,958,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($148,998,000))
$149,161,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $11,228,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($298,728,000))
$299,055,000
The appropriations in this subsection are subject to the following
conditions and limitations: The department may transfer funding
provided in this subsection to meet the purposes of subsection (1) of
this section to the extent that more residents of residential
habilitation centers choose to move to community placements than was
assumed in this appropriation.
(3) PROGRAM SUPPORT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $2,474,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $3,208,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $4,209,000
Telecommunications Devices for the Hearing and
Speech Impaired Account Appropriation . . . . . . . . . . . . $891,000
TOTAL APPROPRIATION . . . . . . . . . . . . $10,782,000
The appropriation in this subsection is subject to the following
conditions and limitations: $245,000 of the general fund--state
appropriation for fiscal year 2004, $996,000 of the general fund--state
appropriation for fiscal year 2005, and $1,258,000 of the general
fund--federal appropriation are provided solely for the purpose of
developing and implementing a consistent needs assessment instrument
for use on all clients with developmental disabilities. In developing
the instrument, the department shall develop a process for collecting
data on family income for minor children with developmental
disabilities who are clients of the department and shall ensure that
this information is captured as part of the client assessment process.
(4) SPECIAL PROJECTS
General Fund -- Federal Appropriation . . . . . . . . . . . . $13,604,000
Sec. 206 2004 c 276 s 206 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- AGING AND ADULT
SERVICES PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $523,896,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($578,270,000))
$564,005,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,187,250,000))
$1,175,553,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $18,644,000
Health Services Account -- State
Appropriation . . . . . . . . . . . . $4,888,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,312,948,000))
$2,286,986,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The entire health services account appropriation, $1,476,000 of
the general fund -- state appropriation for fiscal year 2004,
(($1,043,000)) $3,838,000 of the general fund -- state appropriation for
fiscal year 2005, and (($6,851,000)) $9,924,000 of the general fund--federal appropriation are provided solely for health care benefits for
home care workers who are employed through state contracts for at least
twenty hours per week.
(a) Premium payments for individual provider home care workers
shall be made only to the subsidized basic health plan, and only for
persons with incomes below 200 percent of the federal poverty level.
(b) Home care agencies may obtain coverage either through the basic
health plan or through an alternative plan with substantially
equivalent benefits. Premium payments made to home care agencies shall
be limited to home care workers who are employed at least twenty hours
per week to serve state-funded clients. It is the intent of the
legislature to fund the purchase of health care benefits for agency
home care providers in a more fiscally prudent manner. The legislature
encourages agency providers to purchase more cost-effective health care
benefits, including increasing participation in the basic health plan
or purchasing substantially equivalent benefits with substantially
equivalent costs.
(2) $1,768,000 of the general fund -- state appropriation for fiscal
year 2004 and $1,768,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for operation of the volunteer
chore services program.
(3) For purposes of implementing chapter 74.46 RCW, the weighted
average nursing facility payment rate shall be no more than $142.04 for
fiscal year 2004, and no more than $148.11 for fiscal year 2005. For
all facilities, the direct care, therapy care, support services, and
operations component rates established in accordance with chapter 74.46
RCW shall be adjusted for economic trends and conditions by 3.0 percent
effective July 1, 2003, and by an additional 2.4 percent effective July
1, 2004.
(4) In accordance with chapter 74.46 RCW, the department shall
issue certificates of capital authorization that result in up to $32
million of increased asset value completed and ready for occupancy in
fiscal year 2004; up to $32 million of increased asset value completed
and ready for occupancy in fiscal year 2005; and up to $32 million of
increased asset value completed and ready for occupancy in fiscal year
2006.
(5) Adult day health services shall not be considered a duplication
of services for persons receiving care in long-term care settings
licensed under chapter 18.20, 72.36, or 70.128 RCW.
(6) In accordance with chapter 74.39 RCW, the department may
implement two medicaid waiver programs for persons who do not qualify
for such services as categorically needy, subject to federal approval
and the following conditions and limitations:
(a) One waiver program shall include coverage of care in community
residential facilities. Enrollment in the waiver shall not exceed 600
persons at any time.
(b) The second waiver program shall include coverage of in-home
care. Enrollment in this second waiver shall not exceed 200 persons at
any time.
(c) The department shall identify the number of medically needy
nursing home residents, and enrollment and expenditures on each of the
two medically needy waivers, on monthly management reports.
(d) The department shall track and electronically report to health
care and fiscal committees of the legislature by November 15, 2004, on
the types of long-term care support a sample of waiver participants
were receiving prior to their enrollment in the waivers, how those
services were being paid for, and an assessment of their adequacy.
(e) If it is necessary to establish a waiting list for either
waiver because the budgeted number of enrollment opportunities has been
reached, the department shall track how the long-term care needs of
applicants assigned to the waiting list are met.
(7) $118,000 of the general fund--state appropriation for fiscal
year 2004, $118,000 of the general fund--state appropriation for fiscal
year 2005, and $236,000 of the general fund--federal appropriation are
provided solely for the department to assess at least annually each
elderly resident residing in residential habilitation centers and
state-operated living alternatives to determine if the resident can be
more appropriately served in a less restrictive setting.
(a) The department shall consider the proximity to the resident of
the family, friends, and advocates concerned with the resident's
well-being in determining whether the resident should be moved from a
residential habilitation center to a different facility or program.
(b) In assessing an elderly resident under this section and to
ensure appropriate placement, the department shall identify the special
needs of the resident, the types of services that will best meet those
needs, and the type of facility that will best provide those services.
(c) The appropriate interdisciplinary team shall conduct the
evaluation.
(d) If appropriate, the department shall coordinate with the local
mental health authority.
(e) The department may explore whether an enhanced rate is needed
to serve this population.
(8) Within funds appropriated in this section, the department may
expand the number of boarding home beds participating in the dementia
pilot project by up to 200. These additional beds shall provide
persons with Alzheimer's disease or related dementias who might
otherwise require nursing home care accommodation in licensed boarding
home facilities that specialize in caring for such conditions.
(9) The department shall establish waiting lists to the extent
necessary to assure that annual expenditures on the community options
program entry systems (COPES) program do not exceed appropriated
levels. In establishing and managing any such waiting list, the
department shall assure priority access to persons with the greatest
unmet needs, as determined by department assessment processes.
(10) $6,418,000 of the general fund--state appropriation for fiscal
year 2004, $8,620,000 of the general fund--state appropriation for
fiscal year 2005, and $15,038,000 of the general fund--federal
appropriation are provided solely for the purpose of providing a wage
increase effective October 1, 2003, for individual home care workers
providing state-funded services. The amounts in this subsection also
include the funds needed for the employer share of unemployment and
social security taxes on the amount of the increase.
(11) $2,294,000 of the general fund--state appropriation for fiscal
year 2004, $3,266,000 of the general fund--state appropriation for
fiscal year 2005, and $5,560,000 of the general fund--federal
appropriation are provided solely to increase payments to agency home
care providers from $13.44 per hour to $14.27 per hour effective
October 1, 2003. The amounts in this subsection shall be used to
increase compensation for direct care workers by 75 cents per hour.
The amounts in this subsection also include the funds needed for the
employer share of unemployment and social security taxes on the amount
of the increase.
(12) $1,952,000 of the general fund--state appropriation for fiscal
year 2005 and $1,941,000 of the general fund--federal appropriation are
provided solely to increase payments to agency home care providers from
$14.27 per hour to $14.93 per hour, effective October 1, 2004. The
amounts in this subsection shall be used to increase compensation for
direct care workers by 50 cents per hour. The amounts in this
subsection also include the funds needed for the employer share of
unemployment and social security taxes on the amount of the increase.
(13) $500,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for area agencies on aging, or entities
with which area agencies on aging contract, to provide support services
for grandparents and other formal and informal kinship caregivers of
children throughout the state.
(a) Support services shall include but not be limited to assistance
in gaining access to those services, counseling, organization of
support groups, and respite care.
(b) In providing support services under the kinship caregivers
support program, area agencies on aging shall give priority to kinship
caregivers who are at the greatest risk of being unable to maintain the
caregiving role.
(c) In carrying out the kinship caregivers support program, each
area agency on aging shall coordinate the activities of the agency, or
entities with which the agency contracts, with the activities of other
public and private agencies or organizations providing similar services
for kinship caregivers.
Sec. 207 2004 c 276 s 207 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- ECONOMIC SERVICES
PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $445,968,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($437,720,000))
$452,695,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,208,746,000))
$1,216,706,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($33,891,000))
$32,673,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,126,325,000))
$2,148,042,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $273,652,000 of the general fund--state appropriation for
fiscal year 2004, $273,695,000 of the general fund--state appropriation
for fiscal year 2005, and $1,000,222,000 of the general fund--federal
appropriation are provided solely for all components of the WorkFirst
program. Within the amounts provided for the WorkFirst program, the
department shall:
(a) Continue to implement WorkFirst program improvements that are
designed to achieve progress against outcome measures specified in RCW
74.08A.410. Valid outcome measures of job retention and wage
progression shall be developed and reported quarterly to appropriate
fiscal and policy committees of the legislature for families who leave
assistance, measured after 12 months, 24 months, and 36 months. The
department shall also report the percentage of families who have
returned to temporary assistance for needy families after 12 months, 24
months, and 36 months;
(b) Submit a report by October 1, 2003, to the fiscal committees of
the legislature containing a spending plan for the WorkFirst program.
The plan shall identify how spending levels in the 2003-2005 biennium
will be adjusted to stay within available federal grant levels and the
appropriated state-fund levels; and
(2) $57,547,000 of the general fund -- state appropriation for fiscal
year 2004 and (($59,953,000)) $73,424,357 of the general fund -- state
appropriation for fiscal year 2005 are provided solely for cash
assistance and other services to recipients in the general assistance--unemployable program. Within these amounts, the department may expend
funds for services that assist recipients to reduce their dependence on
public assistance, provided that expenditures for these services and
cash assistance do not exceed the funds provided.
(3) $936,000 of the general fund--state appropriation for fiscal
year 2004 and $936,000 of the general fund--state appropriation for
fiscal year 2005 are provided for the department to assist in
naturalization efforts for legal aliens whose eligibility for federal
supplemental security income has expired. The department shall use
funding previously spent on general assistance employment supports for
these naturalization services.
(4) $3,940,000 of the general fund--state appropriation for fiscal
year 2004 and $3,940,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for the food assistance program
for legal immigrants. The level of benefits shall be equivalent to the
benefits provided by the federal food stamp program.
(5) $9,142,000 of the general fund--federal appropriation is
provided solely for increased reimbursement of county legal-clerk
services for child support enforcement. The department shall ensure
this increase in cost does not reduce federal incentive payments.
(6) In reviewing the budget for the division of child support, the
legislature has conducted a review of the Washington state child
support schedule, chapter 26.19 RCW, and supporting documentation as
required by federal law. The legislature concludes that the
application of the support schedule continues to result in the correct
amount of child support to be awarded. No further changes will be made
to the support schedule or the economic table at this time.
(7) $1,250,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for the department to maintain specialized
employment services through the WorkFirst/LEP pathway program for
refugees and other limited-English-proficient (LEP) families and
individuals that receive temporary assistance for needy families, state
family assistance, or refugee cash assistance benefits. These
employment services include but are not limited to English as a second
language (ESL), job placement assistance, and work support services.
(8) $96,000 of the general fund--state appropriation for fiscal
year 2005, $16,000 of the general fund--federal appropriation, and
$11,000 of the general fund--local appropriation are provided solely
for the implementation of Engrossed Senate Bill No. 6411 (reducing
hunger), including section 2 of the act. If the bill is not enacted by
June 30, 2004, the amounts provided in this section shall lapse.
(9) $500,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for a subsidy rate increase for child care
providers in urban areas of region 1.
Sec. 208 2004 c 276 s 208 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- ALCOHOL AND SUBSTANCE
ABUSE PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $39,979,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $41,201,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($94,105,000))
$98,359,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $630,000
Public Safety and Education Account -- State
Appropriation . . . . . . . . . . . . $2,060,000
Criminal Justice Treatment Account--State
Appropriation . . . . . . . . . . . . $8,950,000
Violence Reduction and Drug Enforcement Account --
State Appropriation . . . . . . . . . . . . $49,142,000
((Problem Gambling Treatment Account--State))
Appropriation . . . . . . . . . . . . $500,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($236,567,000))
$240,321,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $966,197 of the general fund--state appropriation for fiscal
year 2004 and $966,197 of the general fund--state appropriation for
fiscal year 2005 are provided solely for the parent child assistance
program. The department shall contract with the University of
Washington and community-based providers in Spokane and Yakima for the
provision of this program. For all contractors, indirect charges for
administering the program shall not exceed ten percent of the total
contract amount.
(2) $250,000 of the general fund--state appropriation for fiscal
year 2005 is provided for the Washington state mentoring partnership.
(((3) $500,000 of the problem gambling treatment account
appropriation is provided solely to implement Second Substitute House
Bill No. 2776 (problem gambling). If the bill is not enacted by June
30, 2004, the amount provided in this subsection shall lapse.))
Sec. 209 2004 c 276 s 209 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- MEDICAL ASSISTANCE
PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,119,073,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($1,248,580,000))
$1,331,727,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($3,892,248,000))
$3,892,387,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($278,296,000))
$289,940,000
Emergency Medical Services and Trauma Care Systems
Trust Account -- State Appropriation . . . . . . . . . . . . $14,004,000
Health Services Account -- State Appropriation . . . . . . . . . . . . (($708,854,000))
$672,947,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($7,261,055,000))
$7,320,078,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Based on quarterly expenditure reports and caseload forecasts,
if the department estimates that expenditures for the medical
assistance program will exceed the appropriations, the department shall
take steps including but not limited to reduction of rates or
elimination of optional services to reduce expenditures so that total
program costs do not exceed the annual appropriation authority.
(2) The department shall continue to extend medicaid eligibility to
children through age 18 residing in households with incomes below 200
percent of the federal poverty level.
(3) In determining financial eligibility for medicaid-funded
services, the department is authorized to disregard recoveries by
Holocaust survivors of insurance proceeds or other assets, as defined
in RCW 48.104.030.
(4) $493,000 of the health services account appropriation for
fiscal year 2004, (($748,000)) $4,054,000 of the health services
account appropriation for fiscal year 2005, and (($1,241,000))
$5,041,000 of the general fund -- federal appropriation are provided
solely for implementation of a "ticket to work" medicaid buy-in program
for working persons with disabilities, operated in accordance with the
following conditions:
(a) To be eligible, a working person with a disability must have
total income which is less than 450 percent of poverty;
(b) Participants shall participate in the cost of the program by
paying (i) a monthly enrollment fee equal to fifty percent of any
unearned income in excess of the medicaid medically needy standard; and
(ii) a monthly premium equal to 5 percent of all unearned income, plus
5 percent of all earned income after disregarding the first sixty-five
dollars of monthly earnings, and half the remainder;
(c) The department shall establish more restrictive eligibility
standards than specified in this subsection to the extent necessary to
operate the program within appropriated funds; and
(d) The department may require point-of-service copayments as
appropriate, except that copayments shall not be so high as to
discourage appropriate service utilization, particularly of
prescription drugs needed for the treatment of psychiatric conditions.
(5) Sufficient funds are appropriated in this section for the
department to continue podiatry services for medicaid-eligible adults.
(6) Sufficient funds are appropriated in this section for the
department to provide an adult dental benefit equivalent to
approximately 75 percent of the dental benefit provided during the
2001-03 biennium. The department shall establish the scope of services
to be provided within the available funds in consultation with dental
providers and consumer representatives.
(7) The legislature reaffirms that it is in the state's interest
for Harborview medical center to remain an economically viable
component of the state's health care system.
(8) In accordance with RCW 74.46.625, $35,953,000 of the fiscal
year 2004 health services account appropriation, $20,577,000 of the
fiscal year 2005 health services account appropriation, and $61,037,000
of the general fund -- federal appropriation are provided solely for
supplemental payments to nursing homes operated by rural public
hospital districts. The payments shall be conditioned upon (a) a
contractual commitment by the association of public hospital districts
and participating rural public hospital districts to make an
intergovernmental transfer to the state treasurer, for deposit into the
health services account, equal to at least 91.9 percent of the
supplemental payments; (b) a contractual commitment by the association
of public hospital districts to return at least 8.1 percent of the
supplemental payments to the participating rural hospital districts;
and (c) a contractual commitment by the participating districts to not
allow expenditures covered by the supplemental payments to be used for
medicaid nursing home rate setting. A hospital which does not
participate in the supplemental payment intergovernmental transfer
budgeted for fiscal year 2003 shall not be eligible to participate in
the supplemental payments budgeted in this subsection for fiscal year
2004. The participating districts shall retain no more than a total of
$9,600,000 for the 2003-05 biennium.
(9) $12,318,000 of the health services account appropriation for
fiscal year 2004, $10,738,000 of the health services account
appropriation for fiscal year 2005, and $23,056,000 of the general
fund -- federal appropriation are provided solely for additional
disproportionate share and medicare upper payment limit payments to
public hospital districts and to the state's teaching hospitals. The
payments shall be conditioned upon a contractual commitment by the
participating public hospitals to make an intergovernmental transfer to
the health services account equal to at least 91 percent of the
additional payments. The state's teaching hospitals shall retain at
least 28 percent of the amounts retained by hospitals under these
programs, or the maximum allowable under the teaching hospitals' limits
as established under federal rule, whichever is less.
(10) $3,178,000 of the health services account appropriation,
$4,208,000 of the general fund--local appropriation, and $7,308,000 of
the general fund--federal appropriation are provided solely for grants
to rural hospitals. The department shall distribute the funds under a
formula that provides a relatively larger share of the available
funding to hospitals that (a) serve a disproportionate share of low-income and medically indigent patients and (b) have relatively smaller
net financial margins, to the extent allowed by the federal medicaid
program.
(11) $36,002,000 of the health services account appropriation and
$26,080,000 of the general fund--federal appropriation are provided
solely for grants to nonrural hospitals. The department shall
distribute the funds under a formula that provides a relatively larger
share of the available funding to hospitals that (a) serve a
disproportionate share of low-income and medically indigent patients
and (b) have relatively smaller net financial margins, to the extent
allowed by the federal medicaid program.
(12) $302,000 of the general fund--state appropriation for fiscal
year 2004, (($1,671,000)) $1,969,000 of the general fund--state
appropriation for fiscal year 2005, and (($17,757,000)) $19,921,000 of
the general fund--federal appropriation are provided solely for
development and implementation of a replacement system for the existing
medicaid management information system. The medicaid management
information system replacement project shall comply with section 902,
chapter 25, Laws of 2003 1st sp. sess.
(13) The department shall implement a combination of cost
containment and utilization strategies sufficient to reduce general
fund--state costs for durable medical equipment and supplies in fiscal
year 2005 by approximately 5 percent below the level projected for
fiscal year 2005 in the February 2003 forecast. In designing
strategies, the primary strategy considered shall be selective or
direct contracting with durable medical equipment and supplies vendors
or manufacturers.
(14) The department shall, within available resources, design and
implement a medical care services care management pilot project for
clients receiving general assistance benefits. The pilot project shall
be operated in at least two of the counties with the highest
concentration of general assistance clients, and may use a full or
partial capitation model. In designing the project, the department
shall consult with the mental health division and its managed care
contractors that include community and migrant health centers in their
provider network. The pilot project shall be designed to maximize care
coordination, high-risk medical management, and chronic care management
to achieve better health outcomes. The pilot project shall begin
enrollment on July 1, 2004.
(15) Within available resources and to the extent possible, the
department shall evaluate and pilot a nurse consultant services program
to assist fee-for-service clients in accessing medical information,
with the goal of reducing administrative burdens on physicians and
unnecessary emergency room utilization.
(16) The department shall include in any pending medicaid reform
section 1115 waiver application, or in any existing section 1115
waiver, a request for authorization to provide optional medicaid
services that have been eliminated in this act to American Indian and
Alaska Native persons as defined in relevant federal law who are
eligible for medicaid only to the extent that such services are
provided through the American Indian health system and are financed
with one hundred percent federal medicaid matching funds.
(17) The department shall establish managed care rates within
available funds, in a manner that promotes health plan efficiency,
encourages continuity of service, and assures access in underserved
areas.
(18) The department of social and health services, the office of
the superintendent of public instruction, and the department of health
should jointly identify opportunities for early intervention and
prevention activities that can help prevent disease and reduce oral
health issues among children. Disease prevention among infants at the
age of one year and among children entering the K-12 education system
provides cost-effective ways to avoid higher health care spending later
in life.
(19) The department shall secure a federal waiver, effective no
later than September 1, 2003, which will enable it to charge ((co-))
premiums for medical and dental coverage of children whose family
incomes exceed the federal poverty level.
(20) ((For purposes of RCW 74.09.800(2), $8,017,000 of the general
fund--state appropriation for fiscal year 2004, $8,454,000 of the
general fund--state appropriation for fiscal year 2005, and $30,588,000
of the general fund--federal appropriation are provided solely to
provide prenatal care services to low-income women who are not eligible
to receive such services under the medical assistance program, Title
XIX of the federal social security act. If the department is unable to
secure federal matching funds under Title XXI of the social security
act, the department shall take all actions necessary to manage the
program within these appropriated levels.)) $13,588,000 of the health services account appropriation for
fiscal year 2004, $11,008,000 of the health services account
appropriation for fiscal year 2005, and $24,595,000 of the general
fund--federal appropriation are provided solely for additional
disproportionate share hospital payments to public hospital districts.
The payments shall be conditioned upon a contractual commitment by the
participating hospital districts to make an intergovernmental transfer
to the health services account equal to at least 86.5 percent of the
additional disproportionate share payment. The participating districts
shall retain no more than $6,607,000 of the total additional amount
paid.
(21)
(((22) $10,000,000)) (21) $20,000,000 of the general fund--federal
and (($10,000,000)) $20,000,000 of the general fund--local funds are
provided solely to increase payments in the inpatient upper payment
limit program for the state's teaching hospitals. Payments shall be
made to the extent allowable under federal medicaid rule and law. The
department shall work with the teaching hospitals to identify allowable
sources of funding for the required match and to assure that the
teaching hospitals are responsible for repayment of any disallowed
federal matching funds.
Sec. 210 2004 c 276 s 211 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- ADMINISTRATION AND
SUPPORTING SERVICES PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $37,620,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($29,382,000))
$29,417,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($52,580,000))
$52,599,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $810,000
Public Safety and Education Account--State
Appropriation . . . . . . . . . . . . $2,444,000
Violence Reduction and Drug Enforcement Account--
State Appropriation . . . . . . . . . . . . $4,152,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($126,988,000))
$127,042,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $467,000 of the general fund--state appropriation for fiscal
year 2004, $769,000 of the general fund--state appropriation for fiscal
year 2005, and $1,236,000 of the general fund--federal appropriation
are provided solely for transition costs associated with the downsizing
effort at Fircrest school. The department shall organize the
downsizing effort so as to minimize disruption to clients, employees,
and the developmental disabilities program. The employees responsible
for the downsizing effort shall report to the assistant secretary of
the aging and disability services administration. Within the funds
provided in this subsection, the department shall:
(a) Determine appropriate ways to maximize federal reimbursement
during the downsizing process;
(b) Meet and confer with representatives of affected employees on
how to assist employees who need help to relocate to other state jobs
or to transition to private sector positions;
(c) Review opportunities for state employees to continue caring for
clients by assisting them in developing privately operated community
residential alternatives. In conducting the review, the department
will examine efforts in this area pursued by other states as part of
institutional downsizing efforts;
(d) Keep appropriate committees of the legislature apprised,
through regular reports and periodic e-mail updates, of the development
of and revisions to the work plan regarding this downsizing effort; and
(e) Provide a preliminary transition plan to the fiscal and policy
committees of the legislature by January 1, 2004. The transition plan
shall include recommendations on ways to continue to provide some of
the licensed professional services offered at Fircrest school to
clients being served in community settings.
(2) $10,000,000 of the general fund--state appropriation for fiscal
year 2004 is provided solely for one-time expenditures needed to meet
the federally required level for state supplemental payments (SSP).
The department shall transfer appropriate portions of this amount to
other programs within the agency to accomplish this purpose. The
department shall not initiate new services with this funding that will
cause total future SSP expenditures to exceed the required annual
maintenance-of-effort level.
(3) $100,000 of the general fund--state appropriation for fiscal
year 2004 and $100,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for a contract for expanded
services of the teamchild project.
(4) $900,000 of the general fund--state appropriation for fiscal
year 2004 and $900,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for the continued implementation
of the juvenile violence prevention grant program established in
section 204, chapter 309, Laws of 1999.
Sec. 211 2004 c 276 s 212 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- PAYMENTS TO OTHER
AGENCIES PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $43,454,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($43,493,000))
$45,175,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($43,321,000))
$43,981,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($130,268,000))
$132,610,000
Sec. 212 2004 c 276 s 213 (uncodified) is amended to read as
follows:
FOR THE STATE HEALTH CARE AUTHORITY
State Health Care Authority Administrative
Account -- State Appropriation . . . . . . . . . . . . (($18,942,000))
$19,570,000
Health Services Account -- State Appropriation . . . . . . . . . . . . (($417,890,000))
$417,333,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($3,875,000))
$3,804,000
Medical Aid Account--State Appropriation . . . . . . . . . . . . $213,000
TOTAL APPROPRIATION . . . . . . . . . . . . $440,920,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $2,500,000 of the health services account--state appropriation
is provided solely to increase funding for health care services
provided through local community clinics.
(2) The health services account--state appropriation contains
funding to provide dental care at community clinics for persons who are
not current medicaid recipients, and for interpreter services to
support dental and medical services for persons for whom interpreters
are not available from any other source.
(3) $50,000 of the health services account--state appropriation is
provided solely to support the operation of an innovative clinic model
for the delivery of health services to uninsured or publicly insured
persons that is located in an urban underserved area and operated as a
department or subsidiary of a hospital located in that underserved
area; has been in operation for fewer than six months as of the
effective date of this act; utilizes an innovative service delivery
model that relies upon midlevel practitioners, volunteers, and students
enrolled in health education programs and offers group visits for
common conditions; and has a sliding fee schedule that assumes that
every patient of the clinic will make some contribution towards the
cost of his or her care.
(4) In order to maximize the number of enrollees who can be
supported within appropriated amounts, the health care authority is
directed to make modifications that will reduce the actuarial value of
the basic health plan benefit by approximately 18 percent effective
January 1, 2004. Modifications may include changes in enrollee premium
obligations, enrollee cost-sharing, benefits, and incentives to access
preventative services. To the extent that additional actions are
needed in order to operate within appropriated funds, new enrollments
to the program shall be limited in a manner consistent with the
authority's September 6, 2001, administrative policy on basic health
plan enrollment management.
(5) Within funds appropriated in this section and sections 205 and
206 of this act, the health care authority shall continue to provide an
enhanced basic health plan subsidy for foster parents licensed under
chapter 74.15 RCW and workers in state-funded home care programs.
Under this enhanced subsidy option, foster parents and home care
workers with family incomes below 200 percent of the federal poverty
level shall be allowed to enroll in the basic health plan at the
minimum premium amount charged to enrollees with incomes below sixty-five percent of the federal poverty level.
(6) The health care authority shall require organizations and
individuals which are paid to deliver basic health plan services and
which choose to sponsor enrollment in the subsidized basic health plan
to pay 133 percent of the premium amount which would otherwise be due
from the sponsored enrollees.
(7) The administrator shall take at least the following actions to
assure that persons participating in the basic health plan are eligible
for the level of assistance they receive: (a) Require submission of
(i) income tax returns, and recent pay history, from all applicants, or
(ii) other verifiable evidence of earned and unearned income from those
persons not required to file income tax returns; (b) check employment
security payroll records at least once every twelve months on all
enrollees; (c) require enrollees whose income as indicated by payroll
records exceeds that upon which their subsidy is based to document
their current income as a condition of continued eligibility; (d)
require enrollees for whom employment security payroll records cannot
be obtained to document their current income at least once every six
months; (e) not reduce gross family income for self-employed persons by
noncash-flow expenses such as, but not limited to, depreciation,
amortization, and home office deductions, as defined by the United
States internal revenue service; and (f) pursue repayment and civil
penalties from persons who have received excessive subsidies, as
provided in RCW 70.47.060(9).
(8) To decrease administrative burdens for providers and plans
participating in state purchased health care programs, the
administrator, the assistant secretary for the medical assistance
administration of the department of social and health services, and the
director of the department of labor and industries, in collaboration
with health carriers, health care providers, and the office of the
insurance commissioner shall, within available resources:
(a) Improve the timeliness of claims processing and the
distribution of medical assistance program fee schedules, and more
clearly define the scope of coverage under managed care contracts;
(b) Improve the capacity for electronic billing and claims
submission and provide electronic access to eligibility, benefits, and
exclusion information;
(c) Develop clear audit and data requirements for contracting
managed health care plans and improve consistency between claims
processing and published fee schedules;
(d) Conform billing codes with providers and between agencies with
national and regional standards wherever possible; and
(e) Take steps to implement cost-effective measures pursuant to
this section by December 2004, and on or before December 1, 2003,
provide a progress report to the relevant policy and fiscal committees
of the legislature on the feasibility of implementation and any fiscal
constraints or regulatory or statutory barriers.
Sec. 213 2004 c 276 s 214 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF LABOR AND INDUSTRIES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $5,863,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $6,145,000
Public Safety and Education Account -- State
Appropriation . . . . . . . . . . . . (($22,391,000))
$25,165,000
Public Safety and Education Account -- Federal
Appropriation . . . . . . . . . . . . $8,462,000
Asbestos Account -- State Appropriation . . . . . . . . . . . . $717,000
Electrical License Account -- State
Appropriation . . . . . . . . . . . . $29,589,000
Farm Labor Revolving Account -- Private/Local
Appropriation . . . . . . . . . . . . $28,000
Worker and Community Right-to-Know Account -- State
Appropriation . . . . . . . . . . . . $2,557,000
Public Works Administration Account -- State
Appropriation . . . . . . . . . . . . $2,477,000
Accident Account -- State Appropriation . . . . . . . . . . . . $188,181,000
Accident Account -- Federal Appropriation . . . . . . . . . . . . $13,396,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $186,408,000
Medical Aid Account -- Federal Appropriation . . . . . . . . . . . . $2,960,000
Plumbing Certificate Account -- State
Appropriation . . . . . . . . . . . . $1,490,000
Pressure Systems Safety Account -- State
Appropriation . . . . . . . . . . . . $2,878,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($473,542,000))
$476,316,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $90,000 of the electrical license account--state appropriation
and $206,000 of the plumbing certificate account--state appropriation
are provided solely to implement Engrossed Substitute Senate Bill No.
5713 (electrical contractors). If the bill is not enacted by June 30,
2003, the amounts provided in this subsection shall lapse.
(2) $578,000 of the accident account--state appropriation is
provided solely for the purpose of contracting with medical
laboratories, health care providers, and other appropriate entities to
provide cholinesterase medical monitoring of farm workers who handle
cholinesterase-inhibiting pesticides, and to collect and analyze data
related to such monitoring.
(3) $453,000 of the accident account--state appropriation is
provided solely for the purpose of reimbursing agricultural employers
for the costs of training, record-keeping, and travel related to
cholinesterase medical monitoring of farm workers who handle
cholinesterase-inhibiting pesticides.
(4) The department shall report to the office of financial
management and the appropriate fiscal and policy committees of the
legislature detailed information regarding administrative staffing
levels and services by October 1, 2004, and prior to implementing phase
II of the indirect cost study.
(5) $399,000 of the accident account--state appropriation and
$399,000 of the medical aid account--state appropriation are provided
solely for the expansion of workers' compensation fraud investigation
activities. The department shall report quarterly to the office of
financial management and the appropriate policy and fiscal committees
of the legislature regarding the cost effectiveness of fraud
activities, including the total dollars expended compared to total
dollars recovered.
Sec. 214 2004 c 276 s 215 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
(1) HEADQUARTERS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,531,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($1,536,000))
$1,537,000
Charitable, Educational, Penal, and Reformatory
Institutions Account -- State
Appropriation . . . . . . . . . . . . $11,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,078,000))
$3,079,000
(2) FIELD SERVICES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $2,588,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $2,596,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $309,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,668,000
TOTAL APPROPRIATION . . . . . . . . . . . . $7,161,000
(3) INSTITUTIONAL SERVICES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $7,380,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($6,020,000))
$6,135,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($27,365,000))
$28,952,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($27,822,000))
$26,388,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($68,587,000))
$68,855,000
Sec. 215 2004 c 276 s 217 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF HEALTH
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $57,853,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $60,346,000
Health Services Account -- State Appropriation . . . . . . . . . . . . $36,989,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($392,762,000))
$398,095,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($93,601,000))
$100,612,000
Hospital Commission Account -- State
Appropriation . . . . . . . . . . . . $2,490,000
Health Professions Account -- State
Appropriation . . . . . . . . . . . . $40,285,000
Emergency Medical Services and Trauma Care Systems
Trust Account -- State Appropriation . . . . . . . . . . . . $12,558,000
Safe Drinking Water Account -- State
Appropriation . . . . . . . . . . . . $2,728,000
Drinking Water Assistance Account -- Federal
Appropriation . . . . . . . . . . . . $15,654,000
Waterworks Operator Certification -- State
Appropriation . . . . . . . . . . . . $1,053,000
Drinking Water Assistance Administrative Account--
State Appropriation . . . . . . . . . . . . $326,000
Water Quality Account -- State Appropriation . . . . . . . . . . . . $3,359,000
Accident Account -- State Appropriation . . . . . . . . . . . . $258,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $46,000
State Toxics Control Account -- State
Appropriation . . . . . . . . . . . . $2,761,000
Medical Test Site Licensure Account -- State
Appropriation . . . . . . . . . . . . $1,718,000
Youth Tobacco Prevention Account -- State
Appropriation . . . . . . . . . . . . $1,806,000
Tobacco Prevention and Control Account -- State
Appropriation . . . . . . . . . . . . $52,510,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($779,103,000))
$791,447,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department or any successor agency is authorized to raise
existing fees charged for health care assistants, commercial shellfish
paralytic shellfish poisoning, commercial shellfish licenses, newborn
screening programs, psychiatrically impaired children and youth
residential treatment, and in-home services in excess of the fiscal
growth factor established by Initiative Measure No. 601, if necessary,
to meet the actual costs of conducting business and the appropriation
levels in this section.
(2) $1,337,000 of the general fund -- state fiscal year 2004
appropriation and $1,338,000 of the general fund -- state fiscal year
2005 appropriation are provided solely for the implementation of the
Puget Sound water work plan and agency action items, DOH-01, DOH-02,
DOH-03, and DOH-04.
(3) 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.
(4) $24,350,000 of the health services account -- state appropriation
is provided solely for the state's program of universal access to
essential childhood vaccines. The department shall utilize all
available federal funding before expenditure of these funds.
(5) $2,984,000 of the general fund--local appropriation is provided
solely for development and implementation of an internet-based system
for preparing and retrieving death certificates as provided in
Substitute Senate Bill No. 5545 (chapter 241, Laws of 2003, web-based
vital records).
(6) The department of social and health services, the office of the
superintendent of public instruction, and the department of health
should jointly identify opportunities for early intervention and
prevention activities that can help prevent disease and reduce oral
health issues among children. Disease prevention among infants at the
age of one year and among children entering the K-12 education system
provides cost-effective ways to avoid higher health care spending later
in life.
(7) $92,000 of the general fund--state appropriation for fiscal
year 2004, $19,000 of the general fund--state appropriation for fiscal
year 2005, and $987,000 of the general fund--local appropriation are
provided solely for implementation of Substitute House Bill No. 1338
(municipal water rights). If Substitute House Bill No. 1338 is not
enacted by June 30, 2003, the amounts provided in this subsection shall
lapse.
(8) $188,000 of the health professions account--state appropriation
is provided solely to increase the regulation of sales of precursor
drugs that are often used to illegally manufacture methamphetamine to
implement Senate Bill No. 6478 (ephedrine). If the bill is not enacted
by June 30, 2004, the amount provided in this subsection shall lapse.
(9) $25,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely to develop and implement best practices in
preventative health care for children. The department and the kids get
care program of public health - Seattle and King county will work in
collaboration with local health care agencies to disseminate strategic
interventions that are focused on evidence-based best practices for
improving health outcomes in children and saving health care costs. A
report shall be provided to the appropriate committees of the
legislature by June 30, 2005, on the program effectiveness and cost
savings. This funding shall be matched by an equal amount of local
funding.
(10) $250,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for the department to implement a
multiyear pilot project in Yakima county for persons with household
income at or below 200 percent of the federal poverty level who are
ineligible for family planning services through the medicaid program.
Individuals who will be served under the pilot include women who have
never been pregnant, are not currently pregnant, or are beyond the
family planning extension period allowed for first steps program
eligibility. It is anticipated that the pilot project will serve
approximately 1,000 women annually. The department will provide a
preliminary report to the appropriate committees of the legislature by
December 1, 2005.
Sec. 216 2004 c 276 s 218 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF CORRECTIONS. The appropriations to the
department of corrections in this act shall be expended for the
programs and in the amounts specified herein. However, after May 1,
2004, after approval by the director of financial management and unless
specifically prohibited by this act, the department may transfer
general fund -- state appropriations for fiscal year 2004 between
programs. The director of financial management shall notify the
appropriate fiscal committees of the senate and house of
representatives in writing prior to approving any deviations from
appropriation levels.
(1) ADMINISTRATION AND SUPPORT SERVICES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $36,534,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($38,835,000))
$41,746,000
Public Safety and Education Account -- State
Appropriation . . . . . . . . . . . . $3,657,000
Violence Reduction and Drug Enforcement
Account Appropriation . . . . . . . . . . . . $26,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($79,052,000))
$81,963,000
The appropriations in this subsection are subject to the following
conditions and limitations: $700,000 of the general fund--state
appropriation for fiscal year 2004 and $2,550,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the
continuation of phase two of the department's offender-based tracking
system replacement project. These amounts are conditioned on the
department satisfying the requirements of section 902 of this act.
(2) CORRECTIONAL OPERATIONS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $458,402,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($477,061,000))
$490,447,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($4,090,000))
$4,507,000
Violence Reduction and Drug Enforcement Account --
State Appropriation . . . . . . . . . . . . $3,008,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($942,561,000))
$956,364,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) The department may expend funds generated by contractual
agreements entered into for mitigation of severe overcrowding in local
jails. Any funds generated in excess of actual costs 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.
(b) The department shall provide funding for the pet partnership
program at the Washington corrections center for women at a level at
least equal to that provided in the 1995-97 biennium.
(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) During the 2003-05 biennium, when contracts are established or
renewed for offender pay phone and other telephone services provided to
inmates, the department shall select the contractor or contractors
primarily based on the following factors: (i) The lowest rate charged
to both the inmate and the person paying for the telephone call; and
(ii) the lowest commission rates paid to the department, while
providing reasonable compensation to cover the costs of the department
to provide the telephone services to inmates and provide sufficient
revenues for the activities funded from the institutional welfare
betterment account.
(e) For the acquisition of properties and facilities, the
department of corrections is authorized to enter into financial
contracts, paid for from operating resources, for the purposes
indicated and in not more than the principal amounts indicated, plus
financing expenses and required reserves pursuant to chapter 39.94 RCW.
This authority applies to the following: Lease-develop with the option
to purchase or lease-purchase approximately 50 work release beds in
facilities throughout the state for $3,500,000.
(f) $7,272,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for the purposes of settling all claims in
Stamey, et. al. v. State of Washington Department of Corrections,
Pierce County Superior Court Cause No. 03-2-06201-1. The expenditure
of this appropriation is contingent on the release of all claims in the
case, and total settlement costs shall not exceed the appropriation in
this subsection (f). If settlement is not executed by June 30, 2005,
the appropriation in this subsection (f) shall lapse.
(g) $810,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for the purposes of settling all claims in
Arrasmith, et. al. v. State of Washington Department of Corrections,
Pierce County Superior Court Cause No. 04-2-07177-7. The expenditure
of this appropriation is contingent on the release of all claims in the
case, and total settlement costs shall not exceed the appropriation in
this subsection (g). If settlement is not executed by June 30, 2005,
the appropriation in this subsection (g) shall lapse.
(3) COMMUNITY SUPERVISION
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $87,626,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($88,564,000))
$85,296,000
Public Safety and Education
Account -- State Appropriation . . . . . . . . . . . . $15,492,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($191,682,000))
$188,414,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) 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.
(b) $75,000 of the general fund -- state appropriation for fiscal
year 2004 and $75,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for the department of corrections
to contract with the institute for public policy for responsibilities
assigned in chapter 196, Laws of 1999 (offender accountability act) and
sections 7 through 12 of chapter 197, Laws of 1999 (drug offender
sentencing).
(c) $100,000 of the general fund--state appropriation for fiscal
year 2004 is provided solely for a pilot project to test the
availability, reliability, and effectiveness of an electronic
monitoring system based on passive data logging global positioning
system technology for monitoring sex offenders.
(i) The department of corrections shall work with the Washington
association of sheriffs and police chiefs and the department of social
and health services to establish the pilot project.
(ii) The pilot project shall be of sufficient size to test the
reliability of the technology in a variety of geographical
circumstances including both urban and rural locations.
(iii) The pilot project shall test the system using sex or
kidnapping offenders under the jurisdiction of the department of
corrections and persons civilly committed under chapter 71.09 RCW under
a variety of supervision circumstances. Offenders included in the
pilot project shall be offenders who have been classified as level
three offenders by the end of sentence review committee and over whom
the department of corrections has authority to establish conditions of
supervision or persons who have been ordered to be electronically
monitored by the court in a proceeding under chapter 71.09 RCW and who
have been classified as level three offenders by the end of sentence
review committee.
(iv) The pilot project shall specifically examine the feasibility
of electronic monitoring for level three sex offenders or kidnapping
offenders who register as homeless or transient.
(v) The Washington association of sheriffs and police chiefs shall
report to the appropriate committees of the legislature and the
governor on the results of the pilot project by January 31, 2004. The
report must include, but is not limited to:
(A) The availability of the technology, including a description of
the system used and a discussion of the various types of global
positioning system-based monitoring available and appropriate for a sex
offender population;
(B) Any geographic or weather-related limitations posed by the
technology;
(C) The reliability, including the false alarm rate of the
technology;
(D) Any training requirements for department of corrections staff
or supervised persons;
(E) Any distinctions in effectiveness or feasibility for different
supervision populations;
(F) Costs, including equipment costs, monitoring fees, and any
changes to department of corrections staffing levels;
(G) The ability of the subjects of the pilot to pay for daily
and/or equipment costs;
(H) The rate of loss or damage to equipment used by the subjects of
the pilot project; and
(I) Limitations in the pilot project to determining the answers to
the items in this subsection (3)(c)(v).
The association shall make a recommendation in the report about the
frequency and timing of monitoring reports, and the need for further
study of the issue to determine efficacy and reliability.
(4) CORRECTIONAL INDUSTRIES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $626,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $626,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,252,000
The appropriations in this subsection are subject to the following
conditions and limitations: $110,000 of the general fund -- state
appropriation for fiscal year 2004 and $110,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for
transfer to the jail industries board. The board shall use the amounts
provided only for administrative expenses, equipment purchases, and
technical assistance associated with advising cities and counties in
developing, promoting, and implementing consistent, safe, and efficient
offender work programs.
(5) INTERAGENCY PAYMENTS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $26,259,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $26,288,000
TOTAL APPROPRIATION . . . . . . . . . . . . $52,547,000
The appropriations in this subsection are subject to the following
conditions and limitations: $70,000 of the general fund--state
appropriation for fiscal year 2005 is provided solely for the
implementation of Engrossed Second Substitute Senate Bill No. 6489
(correctional industries). If the bill is not enacted by June 30,
2004, the amount provided in this subsection shall lapse.
Sec. 301 2004 c 276 s 301 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF ECOLOGY
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $35,828,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($35,911,000))
$36,334,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $57,143,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $3,696,000
Special Grass Seed Burning Research Account --
State Appropriation . . . . . . . . . . . . $14,000
Reclamation Revolving Account -- State
Appropriation . . . . . . . . . . . . $2,760,000
Flood Control Assistance Account --
State Appropriation . . . . . . . . . . . . $2,159,000
State Emergency Water Projects Revolving Account --
State Appropriation . . . . . . . . . . . . $725,000
Waste Reduction/Recycling/Litter Control Account --
State Appropriation . . . . . . . . . . . . $13,714,000
State Drought Preparedness Account -- State
Appropriation . . . . . . . . . . . . $1,858,000
State and Local Improvements Revolving Account
(Water Supply Facilities) -- State
Appropriation . . . . . . . . . . . . $593,000
Site Closure Account--State Appropriation . . . . . . . . . . . . (($629,000))
$653,000
Water Quality Account -- State Appropriation . . . . . . . . . . . . $25,252,000
Wood Stove Education and Enforcement Account --
State Appropriation . . . . . . . . . . . . $356,000
Worker and Community Right-to-Know Account --
State Appropriation . . . . . . . . . . . . $3,348,000
State Toxics Control Account -- State
Appropriation . . . . . . . . . . . . (($59,427,000))
$60,039,000
State Toxics Control Account -- Private/Local
Appropriation . . . . . . . . . . . . $353,000
Local Toxics Control Account -- State
Appropriation . . . . . . . . . . . . $4,878,000
Water Quality Permit Account -- State
Appropriation . . . . . . . . . . . . $25,741,000
Underground Storage Tank Account -- State
Appropriation . . . . . . . . . . . . $2,710,000
Environmental Excellence Account -- State
Appropriation . . . . . . . . . . . . $504,000
Biosolids Permit Account -- State Appropriation . . . . . . . . . . . . $784,000
Hazardous Waste Assistance Account -- State
Appropriation . . . . . . . . . . . . $4,535,000
Air Pollution Control Account -- State
Appropriation . . . . . . . . . . . . $1,654,000
Oil Spill Prevention Account -- State
Appropriation . . . . . . . . . . . . $7,889,000
Air Operating Permit Account -- State
Appropriation . . . . . . . . . . . . $3,693,000
Freshwater Aquatic Weeds Account -- State
Appropriation . . . . . . . . . . . . $2,503,000
Oil Spill Response Account -- State
Appropriation . . . . . . . . . . . . $7,078,000
Metals Mining Account -- State Appropriation . . . . . . . . . . . . $19,000
Water Pollution Control Revolving Account --
State Appropriation . . . . . . . . . . . . $387,000
Water Pollution Control Revolving Account --
Federal Appropriation . . . . . . . . . . . . $1,901,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($308,042,000))
$309,101,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $2,757,696 of the general fund--state appropriation for fiscal
year 2004, $2,757,696 of the general fund--state appropriation for
fiscal year 2005, $394,000 of the general fund--federal appropriation,
$2,581,000 of the state toxics account--state appropriation, $217,830
of the water quality account--state appropriation, $322,976 of the
state drought preparedness account--state appropriation, $3,748,220 of
the water quality permit account--state appropriation, and $704,942 of
the oil spill prevention account are provided solely for the
implementation of the Puget Sound work plan and agency action items
DOE-01, DOE-02, DOE-04, DOE-05, DOE-06, DOE-07, DOE-08, and DOE-09.
(2) $4,059,000 of the state toxics control account appropriation is
provided solely for methamphetamine lab clean-up activities.
(3) $170,000 of the oil spill prevention account appropriation is
provided solely for implementation of the Puget Sound work plan action
item UW-02 through a contract with the University of Washington's sea
grant program to develop an educational program targeted to small
spills from commercial fishing vessels, ferries, cruise ships, ports,
and marinas.
(4) $730,000 of the general fund--state appropriation for fiscal
year 2004 and (($1,270,000)) $1,543,000 of the general fund--state
appropriation for fiscal year 2005 are provided solely for shoreline
grants to local governments to implement Substitute Senate Bill No.
6012 (shoreline management), chapter 262, Laws of 2003.
(5) Fees approved by the department of ecology in the 2003-05
biennium are authorized to exceed the fiscal growth factor under RCW
43.135.055.
(6) $200,000 of the water quality account--state appropriation is
provided solely for the department to contract with Washington State
University cooperative extension program to provide statewide
coordination and support for coordinated resource management.
(7) $100,000 of the state toxics control account--state
appropriation is provided solely to implement Engrossed Substitute
House Bill No. 1002 (mercury), chapter 260, Laws of 2003. If the bill
is not enacted by June 30, 2003, the amount provided in this subsection
shall lapse.
(8) The department of ecology is authorized to take one of the
following actions related to the grant awarded in the 2001-03 biennium
to Lincoln county for the Negro Creek flood control project, flood
control assistance account program grant G0200049: (a) Carry forward
to the 2003-05 biennium any unspent portion of the grant, or (b) extend
the time of performance for the grant contract to the end of the 2003-2005 biennium.
(9) $144,000 of the oil spill prevention account--state
appropriation is provided solely to implement the provisions of
Substitute Senate Bill No. 6641 (oil spills). If the bill is not
enacted by June 30, 2004, the amount provided in this subsection shall
lapse.
(10) $536,000 of the water quality permit account--state
appropriation is provided solely to implement the provisions of
Engrossed Substitute Senate Bill No. 6415 (storm water discharge
permits). If the bill is not enacted by June 30, 2004, the amount
provided in this subsection shall lapse.
(11) $218,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely to implement the provisions of Engrossed
Second Substitute Senate Bill No. 5957 (water quality data). If the
bill is not enacted by June 30, 2004, the amounts provided in this
subsection shall lapse.
(12) $100,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely to support the initial phase of the
federal United States Geological Survey study of the Spokane
Valley-Rathdrum Prairie aquifer.
(13) $65,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely to implement Engrossed Substitute House
Bill No. 2488 (electronic products). If the bill is not enacted by
June 30, 2004, the amounts provided in this subsection shall lapse.
(14) $1,043,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for (a) establishing instream flows by
rule for main stem rivers and their key tributaries. In watersheds
where planning is not being conducted pursuant to chapter 90.82 RCW,
the department shall follow the procedures and applicable requirements
of chapters 90.22 and 90.54 RCW, and shall create a process of public
involvement similar to that of a watershed planning unit under the
provisions of chapter 90.82 RCW, in order to ensure that citizens are
informed and afforded the opportunity to participate in the development
of instream flow recommendations in collaboration with the department;
(b) working with counties that have existing geographic information
systems to map existing water rights and document current ownership and
evaluating alternative administrative systems for determining existing
water rights; and (c) assigning one water master to a basin that has
been adjudicated.
(15) $2,500,000 of the general fund--state appropriation for fiscal
year 2004 is provided solely for a one-time payment to settle all
claims in a suit against the state in the Envirotest v. Department of
Ecology, Thurston Co. Sup. Ct. Case No. 02-2-00255-0.
(16) $350,000 of the hazardous waste assistance account
appropriation is provided solely for rulemaking to require closure
plans, liability coverage, and financial assurances for hazardous waste
management facilities.
(17) $300,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely to assist in watershed planning efforts.
Of this amount, $200,000 is provided solely for mediation efforts with
the Lummi nation to pursue resolution of federal and tribal rights to
water in Washington state consistent with comprehensive state water
resources planning under chapter 90.54 RCW and $100,000 is provided
solely for coordination and staff support for the Nisqually river
council watershed initiative program.
(18)(a) $166,000 of the general fund--state appropriation for
fiscal year 2005 is provided solely for rulemaking and development of
chemical action plans for persistent bioaccumulative toxins. Of this
amount:
(i) $83,000 is provided solely for the development of a chemical
action plan for the chemical compounds known as PBDE (polybrominated
diphenyl ethers); and
(ii) $83,000 is provided solely for rulemaking to develop specific
criteria by which chemicals may be included on a persistent
bioaccumulative toxins list, develop a specific list of persistent
bioaccumulative toxins and establish criteria for selecting chemicals
for chemical action plans. The department shall develop the criteria
and list consistent with the administrative procedure act provided
under chapter 34.05 RCW and shall not adopt the rule prior to the
adjournment of the 2005 legislative session. The department shall make
recommendations to the legislature by December 31, 2004, regarding
future funding alternatives to address persistent bioaccumulative
toxins.
(b) $159,000 of the state toxics control account appropriation is
provided solely to implement the mercury chemical action plan. Of this
amount: (i) $84,000 is provided for development of a memorandum of
understanding with the Washington state hospital association and the
auto recyclers of Washington to ensure the safe removal and disposal of
products containing mercury; and (ii) $75,000 is provided for ongoing
fluorescent lamp recycling.
Any pesticide with a valid registration on or after the effective
date of this act issued by the environmental protection agency under
the federal insecticide, fungicide and rodenticide act, 7 U.S.C. 136 et
seq., or any fertilizer regulated under the Washington fertilizer act,
chapter 15.54 RCW, shall not be included in a persistent
bioaccumulative toxin rulemaking process, list, or chemical action plan
undertaken by the department of ecology.
(19) $120,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for a wetland mitigation banking pilot
project. The department shall work with representatives from involved
state agencies, the army corps of engineers, business, mitigation
banking organizations, and environmental organizations to develop and
implement a wetland banking rule. The department shall report to the
appropriate committees of the legislature on the progress of the rule
by December 2004.
(20) Within the amounts appropriated in this section the department
shall convene and provide staff support for a water resources
administration and funding task force. The task force shall develop
proposals for and recommend several options for funding the state's
water resource programs, including both operating programs and capital
costs for water program implementation. The task force must report its
findings and recommendations to the governor and the appropriate
committees of the legislature by December 15, 2004. The task force
shall include representatives of each of the following interests,
selected by the associations representing those interests:
(i) One representative from each of the following interests:
Agriculture, industry, environmental, fisheries, water utilities, and
power utilities;
(ii) One representative of cities and one representative of
counties;
(iii) Two representatives of Indian tribes, one from eastern
Washington and one from western Washington;
(iv) Three representatives of the executive branch of state
government; and
(v) The department of ecology shall invite a representative of the
United States bureau of reclamation to participate as a member of the
task force.
Sec. 302 2004 c 276 s 302 (uncodified) is amended to read as
follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $30,015,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($30,034,000))
$31,026,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,666,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $63,000
Winter Recreation Program Account -- State
Appropriation . . . . . . . . . . . . $1,079,000
Off Road Vehicle Account -- State Appropriation . . . . . . . . . . . . $285,000
Snowmobile Account -- State Appropriation . . . . . . . . . . . . $4,790,000
Aquatic Lands Enhancement Account -- State
Appropriation . . . . . . . . . . . . $332,000
Public Safety and Education Account -- State
Appropriation . . . . . . . . . . . . $47,000
Parks Renewal and Stewardship Account--
Private/Local Appropriation . . . . . . . . . . . . $300,000
Parks Renewal and Stewardship Account --
State Appropriation . . . . . . . . . . . . (($34,431,000))
$34,856,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($104,042,000))
$105,459,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Fees approved by the state parks and recreation commission in
the 2003-05 biennium are authorized to exceed the fiscal growth factor
under RCW 43.135.055.
(2) $79,000 of the general fund -- state appropriation for fiscal
year 2004, $79,000 of the general fund -- state appropriation for fiscal
year 2005, and $8,000 of the winter recreation program account -- state
appropriation are provided solely for a grant for the operation of the
Northwest avalanche center.
(3) $191,000 of the aquatic lands enhancement account appropriation
is provided solely for the implementation of the Puget Sound work plan
and agency action item P+RC-02.
(4) At each state park at which a parking fee is collected, the
state parks and recreation commission shall provide notice that the
revenue collected from the parking fee shall be used to fund
expenditures to maintain and improve the state park system.
(5) $72,000 of the parks renewal and stewardship account--state
appropriation is provided solely for one-time and ongoing computer
system improvements and technical support.
(6) $462,000 of the general fund--state appropriation for fiscal
year 2005 and $198,000 of the parks renewal and stewardship account--state appropriation are provided solely for employee retirement buyout
costs.
(7) $160,000 of the general fund--state appropriation for fiscal
year 2005 and $69,000 of the parks renewal and stewardship account--state appropriation are provided solely for revenue modeling and
development of business plans.
Sec. 303 2004 c 276 s 304 (uncodified) is amended to read as
follows:
FOR THE ENVIRONMENTAL HEARINGS OFFICE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $934,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($998,000))
$1,021,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,932,000))
$1,955,000
The appropriations in this section are subject to the following
conditions and limitations: $30,000 of the general fund--state
appropriation for fiscal year 2004 and (($20,000)) $43,000 of the
general fund--state appropriation for fiscal year 2005 are provided
solely to implement Engrossed Substitute Senate Bill No. 5776 (review
of permit decisions), chapter 393, Laws of 2003.
Sec. 304 2004 c 276 s 306 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $41,600,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($40,584,000))
$40,868,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $40,316,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($29,420,000))
$34,345,000
Off Road Vehicle Account -- State
Appropriation . . . . . . . . . . . . $501,000
Aquatic Lands Enhancement Account -- State
Appropriation . . . . . . . . . . . . $5,620,000
Public Safety and Education Account -- State
Appropriation . . . . . . . . . . . . $562,000
Recreational Fisheries Enhancement Account --
State Appropriation . . . . . . . . . . . . (($3,467,000))
$3,692,000
Warm Water Game Fish Account -- State
Appropriation . . . . . . . . . . . . $2,568,000
Eastern Washington Pheasant Enhancement Account --
State Appropriation . . . . . . . . . . . . $750,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . (($58,922,000))
$59,221,000
Wildlife Account -- Federal Appropriation . . . . . . . . . . . . $29,532,000
Wildlife Account -- Private/Local
Appropriation . . . . . . . . . . . . $10,038,000
Special Wildlife Account -- State
Appropriation . . . . . . . . . . . . $2,068,000
Special Wildlife Account -- Federal
Appropriation . . . . . . . . . . . . (($8,720,000))
$7,720,000
Special Wildlife Account -- Private/Local
Appropriation . . . . . . . . . . . . (($450,000))
$1,450,000
Environmental Excellence Account -- State
Appropriation . . . . . . . . . . . . $15,000
Regional Fisheries Salmonid Recovery Account --
Federal Appropriation . . . . . . . . . . . . $1,750,000
Oil Spill Prevention Account -- State
Appropriation . . . . . . . . . . . . $981,000
Oyster Reserve Land Account -- State
Appropriation . . . . . . . . . . . . $411,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($278,275,000))
$284,008,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,355,714 of the general fund -- state appropriation for fiscal
year 2004, $1,355,713 of the general fund -- state appropriation for
fiscal year 2005, and $402,000 of the wildlife account--state
appropriation are provided solely for the implementation of the Puget
Sound work plan and agency action items DFW-01 through DFW-06.
(2) $225,000 of the general fund -- state appropriation for fiscal
year 2004, $225,000 of the general fund -- state appropriation for fiscal
year 2005, and $550,000 of the wildlife account--state appropriation
are provided solely for the implementation of hatchery reform
recommendations defined by the hatchery scientific review group.
(3) $1,016,000 of the wildlife account--state appropriation is
provided solely for stewardship and maintenance needs on agency-owned
lands and water access sites.
(4) $900,000 of the wildlife fund--state appropriation is provided
solely for wetland restoration activities for migratory waterfowl by
providing landowner incentives to create or maintain waterfowl habitat
and management activities.
(5) $2,000,000 of the aquatic lands enhancement account
appropriation is provided for cooperative volunteer projects.
(6) The department shall support the activities of the aquatic
nuisance species coordination committee to foster state, federal,
tribal, and private cooperation on aquatic nuisance species issues.
The committee shall strive to prevent the introduction of nonnative
aquatic species and to minimize the spread of species that are
introduced.
(7) The department shall develop and implement an activity-based
costing system. The system shall be operational no later than January
1, 2004.
(8) $400,000 of the wildlife account--state appropriation is
provided solely to implement the department's information systems
strategic plan to include continued implementation of a personal
computer leasing plan, an upgrade of computer back-up systems, systems
architecture assessment, and network security analysis.
(9) Within funds provided, the department shall make available
enforcement and biological staff to respond and take appropriate action
to ensure public safety in response to public complaints regarding bear
and cougar.
(10) $43,000 of the general fund--state appropriation for fiscal
year 2004 and $42,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for staffing and operation of the
Tennant Lake interpretive center.
(11) $80,000 of the general fund--state appropriation for fiscal
year 2004 and $77,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely to implement Second Substitute
House Bill No. 1095 (small forest landowners), chapter 311, Laws of
2003.
(12) $25,000 of the general fund--state appropriation for fiscal
year 2004 and $25,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely to implement Engrossed Second
Substitute House Bill No. 1338 (municipal water rights). If the bill
is not enacted by June 30, 2003, the amounts provided in this
subsection shall lapse.
(13) $110,000 of the general fund--state appropriation for fiscal
year 2004 and $110,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for economic adjustment assistance
to fishermen pursuant to the 1999 Pacific salmon treaty agreement.
(14) The department shall emphasize enforcement of laws related to
protection of fish habitat and the illegal harvest of salmon and
steelhead. Within the amount provided for the agency, the department
shall provide support to the department of health to enforce state
shellfish harvest laws.
(15) $75,000 of the recreational fisheries enhancement account and
$75,000 of the state wildlife account--state appropriation are provided
solely to implement additional selective recreational fisheries to
include one additional fishery each in eastern and western Washington.
The department shall determine the eastern Washington fishery, and the
western Washington fishery shall be for Lake Washington sockeye.
(16) $16,000 of the wildlife account--state appropriation is
provided solely for implementation of Substitute House Bill No. 2621
(razor clam license). If the bill is not enacted by June 30, 2004, the
amount provided in this subsection shall lapse.
(17) $417,000 of the wildlife account--state appropriation is
provided solely to implement Substitute House Bill No. 2431 (Dungeness
crab card). If the bill is not enacted by June 30, 2004, the amount
provided in this subsection shall lapse.
(18) $112,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely to buy back purse seine fishing licenses.
(19) $180,000 of the wildlife account--state appropriation is
provided solely to test deer and elk for chronic wasting disease and to
document the extent of swan lead poisoning. Of this amount, $65,000 is
provided solely to document the extent of swan lead poisoning and to
begin environmental cleanup.
(20) (($122,000 of the wildlife account--state appropriation is
provided solely to reimburse the department of natural resources for
fire suppression costs incurred on department of fish and wildlife
lands.)) $249,000 of the general fund--state appropriation for fiscal
year 2005 and $122,000 of the wildlife account--state appropriation are
provided solely to reimburse the department for fire suppression
activities on department of fish and wildlife lands.
(21)
(21) $75,000 of the wildlife account--state appropriation is
provided solely for emergency winter-feeding operations for deer and
elk to mitigate the damage to habitat destroyed by fire.
(22) $150,000 of the general fund--state appropriation for fiscal
year 2005 and $150,000 of the wildlife account--state appropriation are
provided solely to complete phase II of the contract management system
(CAPS). The CAPS system phase II shall be operational no later than
June 30, 2005.
(((22))) (23) From within existing funding, the department shall
provide a report to the appropriate committees of the legislature
identifying options for reducing future allocations for the harvest of
salmon in the event that a group's actual catch exceeds a current
allocation. The report shall identify any statutory changes that would
be required to implement such an accountability system.
(((23))) (24) $50,000 of the general fund--state appropriation for
fiscal year 2005 is provided solely for lease payments for the
Vancouver hatchery staff residence and for the development of plans for
an educational facility in cooperation with the Columbia Springs
environmental education center.
Sec. 305 2004 c 276 s 307 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $54,189,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($36,554,000))
$45,253,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $5,116,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $2,482,000
Forest Development Account -- State
Appropriation . . . . . . . . . . . . $52,075,000
Off Road Vehicle Account -- State
Appropriation . . . . . . . . . . . . $4,029,000
Surveys and Maps Account -- State
Appropriation . . . . . . . . . . . . $2,761,000
Aquatic Lands Enhancement Account -- State
Appropriation . . . . . . . . . . . . $8,925,000
Resources Management Cost Account -- State
Appropriation . . . . . . . . . . . . $70,418,000
Surface Mining Reclamation Account -- State
Appropriation . . . . . . . . . . . . $2,293,000
Disaster Response Account -- State Appropriation . . . . . . . . . . . . $7,200,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . (($750,000))
$890,000
Water Quality Account -- State Appropriation . . . . . . . . . . . . $2,479,000
Aquatic Land Dredged Material Disposal Site
Account -- State Appropriation . . . . . . . . . . . . $1,311,000
Natural Resource Conservation Areas Stewardship
Account Appropriation . . . . . . . . . . . . $83,000
Air Pollution Control Account -- State
Appropriation . . . . . . . . . . . . $526,000
Agricultural College Trust Management Account
Appropriation . . . . . . . . . . . . $1,868,000
Derelict Vessel Removal Account -- State
Appropriation . . . . . . . . . . . . $1,130,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($254,189,000))
$263,028,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $18,000 of the general fund -- state appropriation for fiscal
year 2004, $18,000 of the general fund -- state appropriation for fiscal
year 2005, and $1,006,950 of the aquatic lands enhancement account
appropriation are provided solely for the implementation of the Puget
Sound work plan and agency action items DNR-01, DNR-02, and DNR-04.
(2) $908,000 of the general fund -- state appropriation for fiscal
year 2004 and $910,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for deposit into the agricultural
college trust management account and are provided solely to manage
approximately 70,700 acres of Washington State University's
agricultural college trust lands.
(3) $24,674,000 of the general fund -- state appropriation for fiscal
year 2004, (($8,358,000)) $16,957,000 of the general fund -- state
appropriation for fiscal year 2005, and $7,200,000 of the disaster
response account--state appropriation are provided solely for emergency
fire suppression. These funds shall not be allocated to cover any
portion of agency indirect and administrative expenses. The
legislature finds that general fund and disaster response account
support for emergency fire suppression is a significant and direct
subsidy of the costs to administer and manage various trust lands. It
would be an unintended additional subsidy if a portion of the general
fund and disaster response account amounts provided in this subsection
were used to fund agency indirect and administrative expenses. To
avoid this unintended additional subsidy, agency indirect and
administrative costs shall be allocated among the agency's remaining
accounts and appropriations.
(4) $582,000 of the aquatic lands enhancement account appropriation
is provided solely for spartina control.
(5) Fees approved by the board of natural resources in the 2003-05
biennium are authorized to exceed the fiscal growth factor under RCW
43.135.055.
(6) The department shall prepare a report of actual and planned
expenditures by task and activity from all fund sources for all aspects
of the forest and fish program for the 2001-03 and 2003-05 biennia.
The report shall be submitted to the director of financial management
and the legislative fiscal committees by August 31, 2003.
(7) Authority to expend funding for acquisition of technology
equipment and software associated with development of a new revenue
management system is conditioned on compliance with section 902 of this
act.
(8) $1,000,000 of the aquatic lands enhancement account--state
appropriation ((is)) and $140,000 of the state toxics control account--state appropriation are provided solely for the department to meet its
obligations with the U.S. environmental protection agency for the
clean-up of Commencement Bay.
(9) The department of natural resources shall provide a report to
the appropriate committees of the legislature, the office of financial
management, and the board of natural resources concerning the costs and
effectiveness of the contract harvesting program as authorized by
Second Substitute Senate Bill No. 5074 (contract harvesting), chapter
313, Laws of 2003. The report shall be submitted by December 31, 2006,
and shall include the following information:
(a) Number of sales conducted through contract harvesting;
(b) For each sale conducted, the (i) number of board feet sold;
(ii) stumpage and pond prices; (iii) difference in revenues received
compared to revenues that would have accrued through noncontract
harvest sales, and the distribution of revenues to the contract
harvesting revolving account, and to applicable management and trust
accounts; and (iv) total cost to conduct the contract harvest, by fund
and object of expenditure; and
(c) Other costs and benefits attributable to contract harvesting.
(10) $208,000 of the general fund--state appropriation of fiscal
year 2004 and $70,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely to implement Second Substitute
House Bill No. 1095 (small forest landowners), chapter 311, Laws of
2003.
(11) The department of natural resources shall not close Sahara
Creek facility, campground, or trailhead. The appropriations in this
section are deemed sufficient to provide service for these recreational
opportunities.
(12) $4,000 of the general fund--state appropriation for fiscal
year 2004 and $4,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely to compensate the forest board
trust for a portion of the lease to the Crescent television improvement
district consistent with RCW 79.12.055.
(13) $2,700,000 of the general fund--state appropriation for fiscal
year 2004 is provided solely to the department of natural resources to
acquire approximately 232 acres of land and timber in Klickitat county
from the SDS lumber company. Expenditure of the moneys provided in
this subsection shall not be made until the SDS lumber company accepts
the land and timber acquisition as full and complete settlement of the
current litigation brought by the SDS lumber company against the state
and the litigation is dismissed, with prejudice. The land and timber
acquired with the funding in this subsection shall be managed for the
benefit of the common schools. By June 30, 2004, if the department has
not recovered through trust asset management the state's capital
investment from the land acquisition provided in this subsection, the
department shall seek reimbursement from the federal government.
(14) $265,000 of the aquatic lands enhancement account
appropriation is provided solely for developing a pilot project to
study the feasibility of geoduck aquaculture on both intertidal and
subtidal lands in the state of Washington.
(15) $60,000 of the general fund--state appropriation for fiscal
year 2004 is provided solely for habitat restoration work in the Loomis
natural resource area.
(16) $200,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for providing public access to camp sites
and trails maintained by the department. This additional funding,
along with existing funding from the off road vehicle account is
intended to fully fund current access to camp sites and trails. If
additional funding is required to avoid closures to camp sites and
trails during the 2003-05 biennium, the department shall reduce
expenditures for agency administration by five percent and redeploy
those general fund resources to the recreation program prior to closing
any camp sites or trails.
(17) $40,000 of the aquatic lands enhancement account appropriation
is provided solely for the department to (a) calculate the rent for
DNR-leased marinas based on a percentage of a marina's income and (b)
recommend an appropriate formula to the 2005 legislature.
(18)(a) $2,000,000 of the general fund--state appropriation for
fiscal year 2005, $750,000 of the state toxics control account--state
appropriation, and $2,000,000 of the aquatic lands enhancement
account--state appropriation are provided solely for the purpose of
settling Pacific Sound Resources v. Burlington Northern Santa Fe
Railroad, et al. In the event: (i) A final settlement agreement is
not signed by the port of Seattle, Pacific Sound Resources, and the
department of natural resources by March 25, 2004; or (ii) the U.S.
environmental protection agency, or the department of justice if
necessary, fail to settle with the state and the department and provide
a covenant not to sue and contribution protection with no additional
consideration required, then $550,000 of the general fund--state
appropriation for fiscal year 2005 shall be available to use to fund
the existing PSR litigation and the remainder of the amounts provided
in this subsection (a) shall lapse.
(b) $300,000 of the general fund--state appropriation for fiscal
year 2004 is provided solely for legal defense costs in Pacific Sound
Resources v. Burlington Northern Santa Fe Railroad et al.
Sec. 306 2004 c 276 s 308 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF AGRICULTURE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $7,636,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($10,941,000))
$11,019,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $10,068,000
General fund -- Private/Local Appropriation . . . . . . . . . . . . $1,110,000
Aquatic Lands Enhancement Account -- State
Appropriation . . . . . . . . . . . . (($2,027,000))
$2,149,000
Water Quality Account--State Appropriation . . . . . . . . . . . . $692,000
State Toxics Control Account -- State
Appropriation . . . . . . . . . . . . $2,780,000
Water Quality Permit Account--State Appropriation . . . . . . . . . . . . $165,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($35,419,000))
$35,619,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $37,000 of the general fund -- state appropriation for fiscal
year 2004 and $37,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for implementation of the Puget
Sound work plan and agency action item WSDA-01.
(2) Fees and assessments approved by the department in the 2003-05
biennium are authorized to exceed the fiscal growth factor under RCW
43.135.055.
(3) $165,000 of the water quality permit account--state
appropriation and $692,000 of the water quality account--state
appropriation are provided solely to implement Engrossed Substitute
Senate Bill No. 5889 (animal feeding operations), chapter 325, Laws of
2003.
(4) $53,000 of the general fund--state appropriation for fiscal
year 2004 and $15,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely to implement Engrossed Substitute
House Bill No. 1754 (chickens), chapter 397, Laws of 2003.
(5) $42,000 of the general fund--state appropriation for fiscal
year 2004 and $287,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for animal identification, food
safety, and commercial feed inspection programs.
(6) $150,000 of the general fund--state appropriation for fiscal
year 2004 is provided solely for response costs to the discovery of
bovine spongiform encephalopathy in a Washington dairy cow.
(7) $630,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for the "from the heart of Washington"
campaign, southeast Asia/China trade representatives, domestic
marketing/economic development, food and agriculture industry security,
and for the small farm and direct marketing program.
(8) $85,000 of the aquatic lands enhancement account appropriation
is provided solely for spartina eradication efforts in Willapa Bay and
Grays Harbor.
(9) $330,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely to contract with Washington State
University for research and development activities related to asparagus
harvesting and automation technology.
(10) $1,500,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for the purchase of agricultural products
packing equipment. The department shall negotiate an appropriate
agreement with the agricultural industry for the use of the equipment.
(11) $500,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for control of Japanese knotweed in
Washington state.
Sec. 401 2004 c 276 s 402 (uncodified) is amended to read as
follows:
FOR THE STATE PATROL
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $20,005,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($18,855,000))
$21,721,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $4,240,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $378,000
Death Investigations Account -- State
Appropriation . . . . . . . . . . . . $4,489,000
Public Safety and Education Account -- State
Appropriation . . . . . . . . . . . . (($21,969,000))
$21,973,000
Enhanced 911 Account -- State Appropriation . . . . . . . . . . . . $612,000
County Criminal Justice Assistance Account -- State
Appropriation . . . . . . . . . . . . $2,649,000
Municipal Criminal Justice Assistance Account --
State Appropriation . . . . . . . . . . . . $1,087,000
Fire Service Trust Account -- State
Appropriation . . . . . . . . . . . . $125,000
Fire Service Training Account -- State
Appropriation . . . . . . . . . . . . $7,374,000
State Toxics Control Account -- State
Appropriation . . . . . . . . . . . . $436,000
Violence Reduction and Drug Enforcement Account --
State Appropriation . . . . . . . . . . . . $286,000
Fingerprint Identification Account -- State
Appropriation . . . . . . . . . . . . $5,393,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($87,898,000))
$90,768,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $750,000 of the fire service training account--state
appropriation is provided solely for the implementation of Senate Bill
No. 5176 (fire fighting training). If the bill is not enacted by June
30, 2003, the amount provided in this subsection shall lapse.
(2) $200,000 of the fire service training account--state
appropriation is provided solely for two FTE's in the office of state
fire marshal to exclusively review K-12 construction documents for fire
and life safety in accordance with the state building code. It is the
intent of this appropriation to provide these services only to those
districts that are located in counties without qualified review
capabilities.
(3) $376,000 of the public safety and education account--state
appropriation is provided solely for additional DNA testing kits.
(4) $276,000 of the fingerprint identification account--state
appropriation is provided solely for the implementation of Substitute
House Bill No. 2532 (modifying commercial driver's license provisions).
If the bill is not enacted by June 30, 2004, the amount provided in
this subsection shall lapse.
Sec. 501 2004 c 276 s 501 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
(1) STATE AGENCY OPERATIONS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $11,615,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($11,846,000))
$12,166,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($26,968,000))
$28,635,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($50,429,000))
$52,416,000
The appropriations in this section are subject to the following
conditions and limitations:
(a) $10,771,000 of the general fund -- state appropriation for fiscal
year 2004 and $10,768,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for the operation and expenses of
the office of the superintendent of public instruction. Within the
amounts provided in this subsection, the superintendent shall recognize
the extraordinary accomplishments of four students who have
demonstrated a strong understanding of the civics essential learning
requirements to receive the Daniel J. Evans civic education award. The
students selected for the award must demonstrate understanding through
completion of at least one of the classroom-based civics assessment
models developed by the superintendent of public instruction, and
through leadership in the civic life of their communities. The
superintendent shall select two students from eastern Washington and
two students from western Washington to receive the award, and shall
notify the governor and legislature of the names of the recipients.
(b) $428,000 of the general fund -- state appropriation for fiscal
year 2004 and $428,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for the operation and expenses of
the state board of education, including basic education assistance
activities.
(c) $416,000 of the general fund -- state appropriation for fiscal
year 2004 and $476,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for the operation and expenses of
the Washington professional educator standards board. Within the
amounts provided, the Washington professional educator standards board
(WPESB) shall submit a report regarding specific implementation
strategies to strengthen mathematics initiatives by improving teacher
knowledge and skill development including: (i) Teacher preparation
program approval standard changes; (ii) teacher certification
requirement changes and the development of new expertise credentials;
(iii) state-established standards to guide the approval of professional
development providers and offerings related to mathematics; and (iv)
other related recommendations. The WPESB shall base the
recommendations on determinations of the status of teacher preparation
and professional development opportunities and work with appropriate
parties. The WPESB shall submit the report to the governor,
superintendent of public instruction, state board of education, and the
education and fiscal committees of the legislature by November 1, 2004.
(d) (($130,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for the implementation of Second Engrossed
Substitute Senate Bill No. 5012 or Second Substitute House Bill No.
2295 (charter schools). If neither bill is enacted by June 30, 2004,
the amount provided in this subsection shall lapse.)) The department of social and health services, the office of
the superintendent of public instruction, and the department of health
should work together to identify opportunities for early intervention
and prevention activities that can help prevent disease and reduce oral
health issues among children. Disease prevention among infants at the
age of one year and among children entering the K-12 education system
provide cost-effective ways to avoid higher health spending later in
life.
(e)
(((f))) (e) $44,000 of the general fund--state appropriation for
fiscal year 2005 is provided solely to implement Substitute Senate Bill
No. 6171 (complaints against school employees) or Second Substitute
Senate Bill No. 5533 (disclosure of misconduct). If neither bill is
enacted by June 30, 2004, the amount provided in this subsection shall
lapse.
(f) $450,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for increased attorney general fees
related to School Districts' Alliance for Adequate Funding of Special
Education et al. v State of Washington et al., Thurston County Superior
Court Cause No. 04-2-02000-7.
(2) STATEWIDE PROGRAMS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $8,676,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $9,885,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($61,656,000))
$63,394,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($80,217,000))
$81,955,000
The appropriations in this subsection are provided solely for the
statewide programs specified in this subsection and are subject to the
following conditions and limitations:
(a) HEALTH AND SAFETY
(i) A maximum of $2,541,000 of the general fund -- state
appropriation for fiscal year 2004 and a maximum of $2,541,000 of the
general fund -- state appropriation for fiscal year 2005 are provided for
a corps of nurses located at educational service districts, as
determined by the superintendent of public instruction, to be
dispatched to the most needy schools to provide direct care to
students, health education, and training for school staff.
(ii) A maximum of $96,000 of the general fund -- state appropriation
for fiscal year 2004 and a maximum of $96,000 of the general fund--state appropriation for fiscal year 2005 are provided for the school
safety center in the office of the superintendent of public instruction
subject to the following conditions and limitations:
(A) The safety center shall: Disseminate successful models of
school safety plans and cooperative efforts; provide assistance to
schools to establish a comprehensive safe school plan; select models of
cooperative efforts that have been proven successful; act as an
information dissemination and resource center when an incident occurs
in a school district either in Washington or in another state;
coordinate activities relating to school safety; review and approve
manuals and curricula used for school safety models and training; and
develop and maintain a school safety information web site.
(B) The superintendent of public instruction shall participate in
a school safety center advisory committee that includes representatives
of educators, classified staff, principals, superintendents,
administrators, the American society for industrial security, the state
criminal justice training commission, and others deemed appropriate and
approved by the school safety center advisory committee. Members of
the committee shall be chosen by the groups they represent. In
addition, the Washington association of sheriffs and police chiefs
shall appoint representatives of law enforcement to participate on the
school safety center advisory committee. The advisory committee shall
select a chair.
(C) The school safety center advisory committee shall develop a
training program, using the best practices in school safety, for all
school safety personnel.
(iii) A maximum of $100,000 of the general fund--state
appropriation for fiscal year 2004 and a maximum of $100,000 of the
general fund--state appropriation for fiscal year 2005 are provided for
a school safety training program provided by the criminal justice
training commission subject to the following conditions and
limitations:
(A) The criminal justice training commission with assistance of the
school safety center advisory committee established in section
2(b)(iii) of this section shall develop manuals and curricula for a
training program for all school safety personnel.
(B) The Washington state criminal justice training commission, in
collaboration with the advisory committee, shall provide the school
safety training for all school administrators and school safety
personnel, including school safety personnel hired after the effective
date of this section.
(iv) $12,917,000 of the general fund--federal appropriation is
provided for safe and drug free schools and communities grants for drug
and violence prevention activities and strategies.
(v) A maximum of $146,000 of the general fund--state appropriation
for fiscal year 2004 and a maximum of $146,000 of the general fund--state appropriation for fiscal year 2005 are provided for a nonviolence
and leadership training program provided by the institute for community
leadership. The program shall provide the following:
(A) Statewide nonviolence leadership coaches training program for
certification of educational employees and community members in
nonviolence leadership workshops;
(B) Statewide leadership nonviolence student exchanges, training,
and speaking opportunities for student workshop participants; and
(C) A request for proposal process, with up to 80 percent funding,
for nonviolence leadership workshops serving at least 12 school
districts with direct programming in 36 elementary, middle, and high
schools throughout Washington state.
(b) TECHNOLOGY
A maximum of $1,939,000 of the general fund -- state appropriation
for fiscal year 2004 and a maximum of $1,939,000 of the general fund--state appropriation for fiscal year 2005 are provided for K-20
telecommunications network technical support in the K-12 sector to
prevent system failures and avoid interruptions in school utilization
of the data processing and video-conferencing capabilities of the
network. These funds may be used to purchase engineering and advanced
technical support for the network.
(c) GRANTS AND ALLOCATIONS
(i) $16,000 of the fiscal year 2004 appropriation and $689,000 of
the fiscal year 2005 appropriation are provided solely for the special
services pilot projects provided by Second Substitute House Bill No.
2012 (special services pilot program). The office of the
superintendent of public instruction shall allocate these funds to the
district or districts participating in the pilot program according to
the provisions of section 2 subsection (4) of Second Substitute House
Bill No. 2012, chapter 33, Laws of 2003.
(ii) A maximum of $761,000 of the general fund -- state appropriation
for fiscal year 2004 and a maximum of $1,097,000 of the general fund--state appropriation for fiscal year 2005 are provided for alternative
certification routes. Funds may be used by the professional educator
standards board to continue existing alternative-route grant programs
and to create new alternative-route programs in regions of the state
with service shortages.
(iii) A maximum of $31,000 of the general fund -- state appropriation
for fiscal year 2004 and a maximum of $31,000 of the general fund--state appropriation for fiscal year 2005 are provided for operation of
the Cispus environmental learning center.
(iv) A maximum of $1,224,000 of the general fund -- state
appropriation for fiscal year 2004 and a maximum of $1,224,000 of the
general fund -- state appropriation for fiscal year 2005 are provided for
in-service training and educational programs conducted by the Pacific
Science Center.
(v) A maximum of $1,079,000 of the general fund -- state
appropriation for fiscal year 2004 and a maximum of $1,079,000 of the
general fund -- state appropriation for fiscal year 2005 are provided for
the Washington state leadership assistance for science education reform
(LASER) regional partnership coordinated at the Pacific Science Center.
(vi) A maximum of $97,000 of the general fund -- state appropriation
for fiscal year 2004 and a maximum of $97,000 of the general fund--state appropriation for fiscal year 2005 are provided to support
vocational student leadership organizations.
(vii) A maximum of $146,000 of the general fund -- state
appropriation for fiscal year 2004 and a maximum of $146,000 of the
general fund -- state appropriation for fiscal year 2005 are provided for
the Washington civil liberties education program.
(viii) $500,000 of the general fund--state appropriation for fiscal
year 2004 and $500,000 of the general fund--state appropriation for
fiscal year 2005 are provided solely for the Washington state achievers
scholarship program. The funds shall be used to support community
involvement officers that recruit, train, and match community volunteer
mentors with students selected as achievers scholars.
(ix) $25,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for the school safety center advisory
committee to identify instructional materials and resources for
students, parents, and teachers that are designed to prevent the
abduction of children.
(x) $75,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for deposit in the natural science,
wildlife, and environmental partnership account--state for the grant
program established in chapter 22, Laws of 2003 (ESHB 1466).
(xi) $100,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely as one-time funding for the Washington
virtual classroom consortium administered by the Quillayute valley
school district.
(xii) $1,650,000 of the general fund -- federal appropriation is
provided for the advanced placement fee program to increase
opportunities for low-income students and under-represented populations
to participate in advanced placement courses and to increase the
capacity of schools to provide advanced placement courses to students.
(xiii) $9,953,000 of the general fund -- federal appropriation is
provided for comprehensive school reform demonstration projects to
provide grants to low-income schools for improving student achievement
through adoption and implementation of research-based curricula and
instructional programs.
(xiv) (($12,941,000)) $14,679,000 of the general fund -- federal
appropriation is provided for 21st century learning center grants,
providing after-school and inter-session activities for students.
Sec. 502 2004 c 276 s 502 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR GENERAL
APPORTIONMENT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $3,976,507,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($3,988,649,000))
$3,987,572,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($7,965,156,000))
$7,964,079,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds
as are necessary to complete the school year ending in the fiscal year
and for prior fiscal year adjustments.
(2) Allocations for certificated staff salaries for the 2003-04 and
2004-05 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;
(iii) Forty-six certificated instructional staff units per thousand
full-time equivalent students in grades 4-12; and
(iv) An additional 4.2 certificated instructional staff units for
grades K-3 and an additional 7.2 certificated instructional staff units
for grade 4. Any funds allocated for the additional certificated units
provided in this subsection (iv) shall not be considered as basic
education funding;
(v) For class size reduction and expanded learning opportunities
under the better schools program, an additional 0.8 certificated
instructional staff units for the 2003-04 school year for grades K-4
per thousand full-time equivalent students. Funds allocated for these
additional certificated units shall not be considered as basic
education funding. The allocation may be used for reducing class sizes
in grades K-4 or to provide additional classroom contact hours for
kindergarten, before-and-after-school programs, weekend school
programs, summer school programs, and intercession opportunities to
assist elementary school students in meeting the essential academic
learning requirements and student assessment performance standards.
For purposes of this subsection, additional classroom contact hours
provided by teachers beyond the normal school day under a supplemental
contract shall be converted to a certificated full-time equivalent by
dividing the classroom contact hours by 900.
(A) Funds provided under this subsection (2)(a)(iv) and (v) 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 in grades K-4 equal to or greater
than 54.0 certificated instructional staff per thousand full-time
equivalent students in the 2003-04 school year and 53.2 certificated
instructional staff per thousand full-time equivalent students in the
2004-05 school year. For any school district documenting a lower
certificated instructional staff ratio, the allocation shall be based
on the district's actual grades K-4 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-4 may dedicate
up to 1.3 of the 54.0 funding ratio in the 2003-04 school year, and up
to 1.3 of the 53.2 funding ratio in the 2004-05 school year, to employ
additional classified instructional assistants assigned to basic
education classrooms in grades K-4. 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 in grades K-4 equal to or
greater than 54.0 certificated instructional staff per thousand full-time equivalent students in the 2003-04 school year and 53.2
certificated instructional staff per thousand full-time equivalent
students in the 2004-05 school year may use allocations generated under
this subsection (2)(a)(iv) and (v) 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 5-6. Funds allocated
under this subsection (2)(a)(iv) and (v) 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;
(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)(i) On the basis of full-time equivalent enrollment in:
(A) Vocational education programs approved by the superintendent of
public instruction, a maximum of 0.92 certificated instructional staff
units and 0.08 certificated administrative staff units for each 19.5
full-time equivalent vocational students; and
(B) Skills center programs meeting the standards for skills center
funding established in January 1999 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;
(ii) Vocational full-time equivalent enrollment shall be reported
on the same monthly basis as the enrollment for students eligible for
basic support, and payments shall be adjusted for reported vocational
enrollments on the same monthly basis as those adjustments for
enrollment for students eligible for basic support; and
(iii) Indirect cost charges by a school district to vocational-secondary programs shall not exceed 15 percent of the combined basic
education and vocational enhancement allocations of state funds;
(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 7 and 8, 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; and
(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 2003-04 and 2004-05
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
9.68 percent in the 2003-04 school year and ((9.69)) 9.66 percent in
the 2004-05 school year for certificated salary allocations provided
under subsection (2) of this section, and a rate of 12.25 percent in
the 2003-04 school year and ((12.25)) 12.22 percent in the 2004-05
school year for classified salary allocations provided under subsection
(3) of this section.
(5) Insurance benefit allocations shall be calculated at the
maintenance rate 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
$8,785 per certificated staff unit in the 2003-04 school year and a
maximum of $8,855 per certificated staff unit in the 2004-05 school
year.
(b) For nonemployee-related costs associated with each vocational
certificated staff unit allocated under subsection (2)(c)(i)(A) of this
section, there shall be provided a maximum of $21,573 per certificated
staff unit in the 2003-04 school year and a maximum of $21,746 per
certificated staff unit in the 2004-05 school year.
(c) For nonemployee-related costs associated with each vocational
certificated staff unit allocated under subsection (2)(c)(i)(B) of this
section, there shall be provided a maximum of $16,739 per certificated
staff unit in the 2003-04 school year and a maximum of $16,873 per
certificated staff unit in the 2004-05 school year.
(7) Allocations for substitute costs for classroom teachers shall
be distributed at a maintenance rate of $531.09 for the 2003-04 and
2004-05 school years per allocated classroom teachers exclusive of
salary increase amounts provided in section 504 of this act. 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 statewide for the prior 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 $6,385,000
outside the basic education formula during fiscal years 2004 and 2005
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 $495,000 may be expended in fiscal year 2004
and a maximum of $499,000 may be expended in fiscal year 2005;
(b) For summer vocational programs at skills centers, a maximum of
$2,035,000 may be expended for the 2004 fiscal year and a maximum of
$2,035,000 for the 2005 fiscal year;
(c) A maximum of $351,000 may be expended for school district
emergencies; and
(d) A maximum of $485,000 each fiscal year may be expended for
programs providing skills training for secondary students who are
enrolled in extended day school-to-work programs, as approved by the
superintendent of public instruction. The funds shall be allocated at
a rate not to exceed $500 per full-time equivalent student enrolled in
those programs.
(10) For purposes of RCW 84.52.0531, the increase per full-time
equivalent student is 3.4 percent from the 2002-03 school year to the
2003-04 school year and 2.5 percent from the 2003-04 school year to the
2004-05 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.
(((12) $401,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for the implementation of Second Engrossed
Substitute Senate Bill No. 5012 or Second Substitute House Bill No.
2295 (charter schools). If neither bill is enacted by June 30, 2004,
the amount provided in this subsection shall lapse.))
Sec. 503 2004 c 276 s 503 (uncodified) is amended to read as
follows:
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 total base salary shown on LEAP Document 12E
by the district's average staff mix factor for certificated
instructional staff in that school year, computed using LEAP Document
1Sa for the 2003-04 school year and LEAP Document 1Sb for the 2004-05
school year; 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 12E.
(2) For the purposes of this section:
(a) "LEAP Document 1Sa" means the computerized tabulation
establishing staff mix factors for certificated instructional staff for
the 2003-04 school year according to education and years of experience,
as developed by the legislative evaluation and accountability program
committee on March 31, 2003, at 09:06 hours;
(b) "LEAP Document 1Sb" means the computerized tabulation
establishing staff mix factors for certificated instructional staff for
the 2004-05 school year according to education and years of experience,
as developed by the legislative evaluation and accountability program
committee on March 31, 2003, at 09:06 hours; and
(c) "LEAP Document 12E" means the computerized tabulation of 2003-04 and 2004-05 school year salary allocations for certificated
administrative staff and classified staff and derived and total base
salaries for certificated instructional staff as developed by the
legislative evaluation and accountability program committee on March
31, 2003, at 09:06 hours.
(3) Incremental fringe benefit factors shall be applied to salary
adjustments at a rate of 9.04 percent for school year 2003-04 and
((9.05)) 9.02 percent for school year 2004-05 for certificated staff
and for classified staff 8.75 percent for school year 2003-04 and
((8.75)) 8.72 percent for the 2004-05 school year.
(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:
| K-12 Salary Allocation Schedule For Certificated Instructional Staff | ||||||||||
| 2003-04 School Year | ||||||||||
| Years of | MA+90 | |||||||||
| Service | BA | BA+15 | BA+30 | BA+45 | BA+90 | BA+135 | MA | MA+45 | or PHD | |
| 0 | 29,149 | 29,936 | 30,752 | 31,568 | 34,192 | 35,881 | 34,947 | 37,570 | 39,262 | |
| 1 | 29,540 | 30,339 | 31,165 | 32,019 | 34,669 | 36,350 | 35,335 | 37,985 | 39,665 | |
| 2 | 30,060 | 30,870 | 31,709 | 32,633 | 35,289 | 36,995 | 35,901 | 38,556 | 40,262 | |
| 3 | 30,747 | 31,574 | 32,429 | 33,392 | 36,069 | 37,833 | 36,630 | 39,306 | 41,071 | |
| 4 | 31,285 | 32,151 | 33,017 | 34,018 | 36,724 | 38,510 | 37,208 | 39,914 | 41,701 | |
| 5 | 31,840 | 32,716 | 33,594 | 34,655 | 37,365 | 39,196 | 37,798 | 40,509 | 42,340 | |
| 6 | 32,251 | 33,108 | 34,016 | 35,131 | 37,827 | 39,667 | 38,213 | 40,910 | 42,750 | |
| 7 | 33,139 | 34,012 | 34,937 | 36,118 | 38,868 | 40,769 | 39,185 | 41,934 | 43,836 | |
| 8 | 34,202 | 35,122 | 36,069 | 37,348 | 40,135 | 42,106 | 40,414 | 43,202 | 45,172 | |
| 9 | 36,272 | 37,266 | 38,591 | 41,443 | 43,481 | 41,656 | 44,510 | 46,548 | ||
| 10 | 38,477 | 39,898 | 42,788 | 44,894 | 42,964 | 45,855 | 47,960 | |||
| 11 | 41,243 | 44,196 | 46,344 | 44,309 | 47,263 | 49,410 | ||||
| 12 | 42,545 | 45,642 | 47,854 | 45,707 | 48,708 | 50,921 | ||||
| 13 | 47,123 | 49,401 | 47,154 | 50,189 | 52,467 | |||||
| 14 | 48,611 | 51,006 | 48,644 | 51,775 | 54,073 | |||||
| 15 | 49,876 | 52,333 | 49,908 | 53,121 | 55,479 | |||||
| 16 or More | 50,873 | 53,379 | 50,906 | 54,183 | 56,588 | |||||
| K-12 Salary Allocation Schedule For Certificated Instructional Staff | ||||||||||
| 2004-05 School Year | ||||||||||
| Years of | MA+90 | |||||||||
| Service | BA | BA+15 | BA+30 | BA+45 | BA+90 | BA+135 | MA | MA+45 | or PHD | |
| 0 | 30,023 | 30,834 | 31,674 | 32,516 | 35,218 | 36,958 | 35,995 | 38,697 | 40,439 | |
| 1 | 30,427 | 31,249 | 32,100 | 32,979 | 35,709 | 37,440 | 36,395 | 39,125 | 40,855 | |
| 2 | 30,812 | 31,642 | 32,502 | 33,449 | 36,171 | 37,920 | 36,798 | 39,520 | 41,269 | |
| 3 | 31,209 | 32,047 | 32,916 | 33,893 | 36,610 | 38,401 | 37,180 | 39,895 | 41,687 | |
| 4 | 31,598 | 32,473 | 33,347 | 34,358 | 37,091 | 38,895 | 37,580 | 40,313 | 42,118 | |
| 5 | 32,000 | 32,879 | 33,762 | 34,829 | 37,552 | 39,392 | 37,987 | 40,711 | 42,551 | |
| 6 | 32,413 | 33,273 | 34,186 | 35,306 | 38,016 | 39,866 | 38,404 | 41,114 | 42,963 | |
| 7 | 33,139 | 34,012 | 34,937 | 36,118 | 38,868 | 40,769 | 39,185 | 41,934 | 43,836 | |
| 8 | 34,202 | 35,122 | 36,069 | 37,348 | 40,135 | 42,106 | 40,414 | 43,202 | 45,172 | |
| 9 | 36,272 | 37,266 | 38,591 | 41,443 | 43,481 | 41,656 | 44,510 | 46,548 | ||
| 10 | 38,477 | 39,898 | 42,788 | 44,894 | 42,964 | 45,855 | 47,960 | |||
| 11 | 41,243 | 44,196 | 46,344 | 44,309 | 47,263 | 49,410 | ||||
| 12 | 42,545 | 45,642 | 47,854 | 45,707 | 48,708 | 50,921 | ||||
| 13 | 47,123 | 49,401 | 47,154 | 50,189 | 52,467 | |||||
| 14 | 48,611 | 51,006 | 48,644 | 51,775 | 54,073 | |||||
| 15 | 49,876 | 52,333 | 49,908 | 53,121 | 55,479 | |||||
| 16 or More | 50,873 | 53,379 | 50,906 | 54,183 | 56,588 | |||||
Sec. 504 2004 c 276 s 504 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR SCHOOL EMPLOYEE
COMPENSATION ADJUSTMENTS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $28,604,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($132,202,000))
$132,261,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($663,000))
$655,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($161,469,000))
$161,520,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $8,944,000 of the general fund--state appropriation for fiscal
year 2004 and (($20,339,000)) $20,350,000 of the general fund--state
appropriation for fiscal year 2005 are provided solely to provide a
salary adjustment for state formula certificated instructional staff
units in their first seven years of service. Consistent with the
statewide certificated instructional staff salary allocation schedule
in section 503 of this act, sufficient funding is provided to increase
the salary of certificated instructional staff units in the 2003-04
school year and the 2004-05 school year by the following percentages:
Three percent for certificated instructional staff in their first and
second years of service; two and one-half percent for certificated
instructional staff in their third year of service; one and one-half
percent for certificated instructional staff in their fourth year of
service; one percent for certificated instructional staff in their
fifth year of service; and one-half of a percent for certificated
instructional staff in their sixth and seventh years of service. These
increases will take effect September 1, 2003 and September 1, 2004.
(a) In order to receive funding provided in this subsection, school
districts shall certify to the office of superintendent of public
instruction that they will provide the percentage increases in the
amounts specified in this subsection. In cases where a school district
providing the increases in the amounts specified in this subsection
would cause that school district to be out of compliance with RCW
28A.400.200, they may provide salary increases in different amounts but
only to the extent necessary to come into compliance with RCW
28A.400.200. Funds provided in this subsection shall be used
exclusively for providing the percentage increases specified in this
subsection to the certificated staff units in their first seven years
of service and shall not be used to supplant any other state or local
funding for compensation for these staff.
(b) The appropriations include associated incremental fringe
benefit allocations at rates of 9.04 percent for school year 2003-04
and ((9.05)) 9.02 percent for school year 2004-05 for certificated
staff. Increases for general apportionment (basic education) are based
on the salary allocation schedules and methodology in sections 502 and
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 sections
502 and 503 of this act.
(2) (($5,452,000)) $5,455,000 of the general fund--state
appropriation is provided solely to provide a salary adjustment for
state formula classified units of one percent effective September 1,
2004, and (($126,598,000)) $126,639,000 is provided solely for
adjustments to insurance benefit allocations.
(a)(i) In order to receive funding provided in this subsection for
salary adjustments for state formula classified units, school districts
shall certify to the office of superintendent of public instruction
that they will provide the percentage increases in the amounts
specified in this subsection. Funds provided in this subsection for
this purpose shall be used exclusively for providing the percentage
increases specified in this subsection to classified staff units and
shall not be used to supplant any other state or local funding for
compensation for these staff.
(ii) The appropriations include associated incremental fringe
benefit allocations at rates of ((8.75)) 8.72 percent for the 2004-05
school year for classified staff. The appropriations in this section
include the increased portion of salaries and incremental fringe
benefits for all relevant state-funded school programs in this part V
of this act. Increases for general apportionment (basic education) are
based on the salary allocation schedules and methodology in sections
502 and 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 sections 502 and 503 of this act.
(b) The maintenance rate for insurance benefit allocations is
$457.07 per month for the 2003-04 and 2004-05 school years. The
appropriations in this section provide for a rate increase to $481.31
per month for the 2003-04 school year and $582.47 per month for the
2004-05 school year.
(3) The appropriations in this section provide salary adjustments
and incremental fringe benefit allocations based on formula adjustments
as follows:
| School Year | ||||
| 2003-04 | 2004-05 | |||
| Pupil Transportation (per weighted pupil mile) | $0.00 | $0.22 | ||
| Highly Capable (per formula student) | $0.93 | $1.89 | ||
| Transitional Bilingual Education (per eligible bilingual student) | $2.45 | $4.97 | ||
| Learning Assistance (per entitlement unit) | $0.69 | $2.94 | ||
| School Year | ||||
| 2003-04 | 2004-05 | |||
| Pupil Transportation (per weighted pupil mile) | $0.22 | $1.14 | ||
| Highly Capable (per formula student) | $1.52 | $7.72 | ||
| Transitional Bilingual Education (per eligible bilingual student) | $3.92 | $20.30 | ||
| Learning Assistance (per entitlement unit) | $3.08 | $15.95 | ||
Sec. 505 2004 c 276 s 505 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR PUPIL TRANSPORTATION
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $215,454,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($219,899,000))
$234,543,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($435,353,000))
$449,997,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds
as are necessary to complete the school year ending in the fiscal year
and for prior fiscal year adjustments.
(2) A maximum of $768,000 of this fiscal year 2004 appropriation
and a maximum of $774,000 of the fiscal year 2005 appropriation 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.
(3) $5,000 of the fiscal year 2004 appropriation and $5,000 of the
fiscal year 2005 appropriation are 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.
(4) Allocations for transportation of students shall be based on
reimbursement rates of $39.21 per weighted mile in the 2003-04 school
year and $39.30 per weighted mile in the 2004-05 school year exclusive
of salary and benefit adjustments provided in section 504 of this act.
Allocations for transportation of students transported more than one
radius mile shall be based on weighted miles as determined by
superintendent of public instruction multiplied by the per mile
reimbursement rates for the school year pursuant to the formulas
adopted by the superintendent of public instruction. Allocations for
transportation of students living within one radius mile shall be based
on the number of enrolled students in grades kindergarten through five
living within one radius mile of their assigned school multiplied by
the per mile reimbursement rate for the school year multiplied by 1.29.
(5) For busses purchased between July 1, 2003, and June 30, 2004,
the office of superintendent of public instruction shall provide
reimbursement funding to a school district only after the
superintendent of public instruction determines that the school bus was
purchased from the list established pursuant to RCW 28A.160.195(2) or
a comparable competitive bid process based on the lowest price quote
based on similar bus categories to those used to establish the list
pursuant to RCW 28A.160.195. The competitive specifications shall meet
federal motor vehicle safety standards, minimum state specifications as
established by rule by the superintendent, and supported options as
determined by the superintendent in consultation with the regional
transportation coordinators of the educational service districts.
Sec. 506 2004 c 276 s 506 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR SCHOOL FOOD SERVICE
PROGRAMS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $3,100,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $3,100,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($252,128,000))
268,293,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($258,328,000))
$274,493,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $3,000,000 of the general fund -- state appropriation for fiscal
year 2004 and $3,000,000 of the general fund -- state appropriation for
fiscal year 2005 are provided for state matching money for federal
child nutrition programs.
(2) $100,000 of the general fund -- state appropriation for fiscal
year 2004 and $100,000 of the 2005 fiscal year appropriation are
provided for summer food programs for children in low-income areas.
Sec. 507 2004 c 276 s 507 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR SPECIAL EDUCATION
PROGRAMS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $435,061,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($426,802,000))
$429,370,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($426,450,000))
$426,208,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,288,313,000))
$1,290,639,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Funding for special education programs is provided on an excess
cost basis, pursuant to RCW 28A.150.390. School districts shall ensure
that special education students as a class receive their full share of
the general apportionment allocation accruing through sections 502 and
504 of this act. To the extent a school district cannot provide an
appropriate education for special education students under chapter
28A.155 RCW through the general apportionment allocation, it shall
provide services through the special education excess cost allocation
funded in this section.
(2)(a) The superintendent of public instruction shall use the
excess cost methodology developed and implemented for the 2001-02
school year using the S-275 personnel reporting system and all related
accounting requirements to ensure that:
(i) Special education students are basic education students first;
(ii) As a class, special education students are entitled to the
full basic education allocation; and
(iii) Special education students are basic education students for
the entire school day.
(b) The S-275 and accounting changes in effect since the 2001-02
school year shall supercede any prior excess cost methodologies and
shall be required of all school districts.
(3) Each fiscal year appropriation includes such funds as are
necessary to complete the school year ending in the fiscal year and for
prior fiscal year adjustments.
(4) The superintendent of public instruction shall distribute state
and federal funds to school districts based on two categories: The
optional birth through age two program for special education eligible
developmentally delayed infants and toddlers, and the mandatory special
education program for special education eligible students ages three to
twenty-one. A "special education eligible student" means a student
receiving specially designed instruction in accordance with a properly
formulated individualized education program.
(5)(a) For the 2003-04 and 2004-05 school years, the superintendent
shall make allocations to each district based on the sum of:
(i) A district's annual average headcount enrollment of
developmentally delayed infants and toddlers ages birth through two,
multiplied by the district's average basic education allocation per
full-time equivalent student, multiplied by 1.15; and
(ii) A district's annual average full-time equivalent basic
education enrollment multiplied by the funded enrollment percent
determined pursuant to subsection (6)(b) of this section, multiplied by
the district's average basic education allocation per full-time
equivalent student multiplied by 0.9309.
(b) For purposes of this subsection, "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 and shall not
include enhancements, secondary vocational education, or small schools.
(6) The definitions in this subsection apply throughout this
section.
(a) "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).
(b) "Enrollment percent" means the district's resident special
education annual average enrollment, excluding the birth through age
two enrollment, as a percent of the district's annual average full-time
equivalent basic education enrollment.
Each district's general fund -- state funded special education
enrollment shall be the lesser of the district's actual enrollment
percent or 12.7 percent. Increases in enrollment percent from 12.7
percent to 13.0 percent shall be funded from the general fund -- federal
appropriation.
(7) At the request of any interdistrict cooperative of at least 15
districts in which all excess cost services for special education
students of the districts are provided by the cooperative, the maximum
enrollment percent shall be calculated in accordance with subsection
(6)(b) of this section, and shall be calculated in the aggregate rather
than individual district units. For purposes of this subsection, the
average basic education allocation per full-time equivalent student
shall be calculated in the aggregate rather than individual district
units.
(8) To the extent necessary, $25,746,000 of the general fund--federal appropriation is provided for safety net awards for districts
with demonstrated needs for state special education funding beyond the
amounts provided in subsection (5) of this section. If safety net
awards exceed the amount appropriated in this subsection (8), the
superintendent shall expend all available federal discretionary funds
necessary to meet this need. Safety net funds shall be awarded by the
state safety net oversight committee subject to the following
conditions and limitations:
(a) The committee shall consider unmet needs for districts that can
convincingly demonstrate that all legitimate expenditures for special
education exceed all available revenues from state funding formulas.
In the determination of need, the committee shall also consider
additional available revenues from federal and local sources.
Differences in program costs attributable to district philosophy,
service delivery choice, or accounting practices are not a legitimate
basis for safety net awards.
(b) The committee shall then consider the extraordinary high cost
needs of one or more individual special education students.
Differences in costs attributable to district philosophy, service
delivery choice, or accounting practices are not a legitimate basis for
safety net awards.
(c) The maximum allowable indirect cost for calculating safety net
eligibility may not exceed the federal restricted indirect cost rate
for the district plus one percent.
(d) Safety net awards shall be adjusted based on the percent of
potential medicaid eligible students billed as calculated by the
superintendent in accordance with chapter 318, Laws of 1999.
(e) Safety net awards must be adjusted for any audit findings or
exceptions related to special education funding.
(9) The superintendent of public instruction may adopt such rules
and procedures as are necessary to administer the special education
funding and safety net award process. Prior to revising any standards,
procedures, or rules, the superintendent shall consult with the office
of financial management and the fiscal committees of the legislature.
(10) The safety net oversight committee appointed by the
superintendent of public instruction shall consist of:
(a) One staff from the office of superintendent of public
instruction;
(b) Staff of the office of the state auditor; and
(c) One or more representatives from school districts or
educational service districts knowledgeable of special education
programs and funding.
(11) A maximum of $678,000 may be expended from the general fund--state appropriations 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.
(12) $1,000,000 of the general fund -- federal appropriation is
provided 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.
(13) The superintendent shall maintain the percentage of federal
flow-through to school districts at 85 percent. In addition to other
purposes, school districts may use increased federal funds for high-cost students, for purchasing regional special education services from
educational service districts, and for staff development activities
particularly relating to inclusion issues.
(14) A maximum of $1,200,000 of the general fund -- federal
appropriation may be expended by the superintendent for projects
related to use of inclusion strategies by school districts for
provision of special education services. The superintendent shall
prepare an information database on laws, best practices, examples of
programs, and recommended resources. The information may be
disseminated in a variety of ways, including workshops and other staff
development activities.
(15) A school district may carry over from one year to the next
year up to 10 percent of the general fund -- state funds allocated under
this program; however, carry over funds shall be expended in the
special education program.
Sec. 508 2004 c 276 s 508 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR EDUCATIONAL SERVICE
DISTRICTS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $3,538,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($3,538,000))
$3,537,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($7,076,000))
$7,075,000
The appropriations in this section are 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) The educational service districts, at the request of the state
board of education pursuant to RCW 28A.310.010 and 28A.310.340, may
receive and screen applications for school accreditation, conduct
school accreditation site visits pursuant to state board of education
rules, and submit to the state board of education post-site visit
recommendations for school accreditation. The educational service
districts may assess a cooperative service fee to recover actual plus
reasonable indirect costs for the purposes of this subsection.
Sec. 509 2004 c 276 s 509 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR LOCAL EFFORT
ASSISTANCE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $163,049,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($165,578,000))
$164,841,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($328,627,000))
$327,890,000
Sec. 510 2004 c 276 s 510 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR INSTITUTIONAL
EDUCATION PROGRAMS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $18,207,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($18,176,000))
$18,395,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($36,383,000))
$36,602,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Each general fund -- state fiscal year appropriation includes
such funds as are necessary to complete the school year ending in the
fiscal year and for prior fiscal year adjustments.
(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 shall
remain the same as those funded in the 1995-97 biennium.
(4) The funded staffing ratios for education programs for juveniles
age 18 or less in department of corrections facilities shall be the
same as those provided in the 1997-99 biennium.
(5) $190,000 of the general fund -- state appropriation for fiscal
year 2004 and $142,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely to maintain at least one
certificated instructional staff and related support services at an
institution whenever the K-12 enrollment is not sufficient to support
one full-time equivalent certificated instructional staff to furnish
the educational program. The following types of institutions are
included: Residential programs under the department of social and
health services for developmentally disabled juveniles, programs for
juveniles under the department of corrections, and programs for
juveniles under the juvenile rehabilitation administration.
(6) Ten percent of the funds allocated for each institution may be
carried over from one year to the next.
Sec. 511 2004 c 276 s 511 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR PROGRAMS FOR HIGHLY
CAPABLE STUDENTS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $6,620,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($6,632,000))
$6,667,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($13,252,000))
$13,287,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds
as are necessary to complete the school year ending in the fiscal year
and for prior fiscal year adjustments.
(2) Allocations for school district programs for highly capable
students shall be distributed at a maximum rate of $334.89 per funded
student for the 2003-04 school year and (($334.91)) $334.85 per funded
student for the 2004-05 school year, exclusive of salary and benefit
adjustments pursuant to section 504 of this act. The number of funded
students shall be a maximum of two percent of each district's full-time
equivalent basic education enrollment.
(3) $170,000 of the fiscal year 2004 appropriation and $170,000 of
the fiscal year 2005 appropriation are provided for the centrum program
at Fort Worden state park.
(4) $90,000 of the fiscal year 2004 appropriation and $90,000 of
the fiscal year 2005 appropriation are provided for the Washington
destination imagination network and future problem-solving programs.
Sec. 512 2004 c 276 s 513 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- EDUCATION REFORM
PROGRAMS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $38,417,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($37,709,000))
$37,270,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($164,087,000))
$128,906,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($240,213,000))
$204,593,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $310,000 of the general fund -- state appropriation for fiscal
year 2004 and $310,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for the academic achievement and
accountability commission.
(2) $15,486,000 of the general fund -- state appropriation for fiscal
year 2004, $13,103,000 of the general fund -- state appropriation for
fiscal year 2005, and (($12,310,000)) $14,009,000 of the general fund--federal appropriation are provided solely for development and
implementation of the Washington assessments of student learning
(WASL), including development and implementation of retake assessments
for high school students who are not successful in one or more content
areas of the WASL, development of alternative assessments or appeals
procedures to implement the certificate of academic achievement, and
independent research on the alignment and technical review of reading,
writing, and science.
(3) $548,000 of the fiscal year 2004 general fund -- state
appropriation and $548,000 of the fiscal year 2005 general fund -- state
appropriation are provided solely for training of paraprofessional
classroom assistants and certificated staff who work with classroom
assistants as provided in RCW 28A.415.310.
(4) $2,348,000 of the general fund -- state appropriation for fiscal
year 2004 and $2,348,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for mentor teacher assistance,
including state support activities, under RCW 28A.415.250 and
28A.415.260, and for a mentor academy. Up to $200,000 of the amount in
this subsection may be used each fiscal year to operate a mentor
academy to help districts provide effective training for peer mentors.
Funds for the teacher assistance program shall be allocated to school
districts based on the number of first year beginning teachers.
(a) A teacher assistance program is a program that provides to a
first year beginning teacher peer mentor services that include but are
not limited to:
(i) An orientation process and individualized assistance to help
beginning teachers who have been hired prior to the start of the school
year prepare for the start of a school year;
(ii) The assignment of a peer mentor whose responsibilities to the
beginning teacher include but are not limited to constructive feedback,
the modeling of instructional strategies, and frequent meetings and
other forms of contact;
(iii) The provision by peer mentors of strategies, training, and
guidance in critical areas such as classroom management, student
discipline, curriculum management, instructional skill, assessment,
communication skills, and professional conduct. A district may provide
these components through a variety of means including one-on-one
contact and workshops offered by peer mentors to groups, including
cohort groups, of beginning teachers;
(iv) The provision of release time, substitutes, mentor training in
observation techniques, and other measures for both peer mentors and
beginning teachers, to allow each an adequate amount of time to observe
the other and to provide the classroom experience that each needs to
work together effectively;
(v) Assistance in the incorporation of the essential academic
learning requirements into instructional plans and in the development
of complex teaching strategies, including strategies to raise the
achievement of students with diverse learning styles and backgrounds;
and
(vi) Guidance and assistance in the development and implementation
of a professional growth plan. The plan shall include a professional
self-evaluation component and one or more informal performance
assessments. A peer mentor may not be involved in any evaluation under
RCW 28A.405.100 of a beginning teacher whom the peer mentor has
assisted through this program.
(b) In addition to the services provided in (a) of this subsection,
an eligible peer mentor program shall include but is not limited to the
following components:
(i) Strong collaboration among the peer mentor, the beginning
teacher's principal, and the beginning teacher;
(ii) Stipends for peer mentors and, at the option of a district,
for beginning teachers. The stipends shall not be deemed compensation
for the purposes of salary lid compliance under RCW 28A.400.200 and are
not subject to the continuing contract provisions of Title 28A RCW; and
(iii) To the extent that resources are available for this purpose
and that assistance to beginning teachers is not adversely impacted,
the program may serve second year and more experienced teachers who
request the assistance of peer mentors.
(5) $1,959,000 of the general fund -- state appropriation for fiscal
year 2004 and $1,959,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for improving technology
infrastructure, monitoring and reporting on school district technology
development, promoting standards for school district technology,
promoting statewide coordination and planning for technology
development, and providing regional educational technology support
centers, including state support activities, under chapter 28A.650 RCW.
The superintendent of public instruction shall coordinate a process to
facilitate the evaluation and provision of online curriculum courses to
school districts which includes the following: Creation of a general
listing of the types of available online curriculum courses; a survey
conducted by each regional educational technology support center of
school districts in its region regarding the types of online curriculum
courses desired by school districts; a process to evaluate and
recommend to school districts the best online courses in terms of
curriculum, student performance, and cost; and assistance to school
districts in procuring and providing the courses to students.
(6) $3,594,000 of the general fund -- state appropriation for fiscal
year 2004 and $3,594,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely 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.
(7) $2,500,000 of the general fund -- state appropriation for fiscal
year 2004 and $2,500,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for the meals for kids program
under RCW 28A.235.145 through 28A.235.155.
(8) $705,000 of the general fund -- state appropriation for fiscal
year 2004 and $705,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for the leadership internship
program for superintendents, principals, and program administrators.
(9) A maximum of $250,000 of the general fund -- state appropriation
for fiscal year 2004 and a maximum of $250,000 of the general fund--state appropriation for fiscal year 2005 are provided for summer
accountability institutes offered by the superintendent of public
instruction and the academic achievement and accountability commission.
The institutes shall provide school district staff with training in the
analysis of student assessment data, information regarding successful
district and school teaching models, research on curriculum and
instruction, and planning tools for districts to improve instruction in
reading, mathematics, language arts, social studies, including civics,
and guidance and counseling.
(10) $3,713,000 of the general fund -- state appropriation for fiscal
year 2004 and $3,713,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for the Washington reading corps
subject to the following conditions and limitations:
(a) Grants shall be allocated to schools and school districts to
implement proven, research-based mentoring and tutoring programs in
reading that may include research-based reading skills development
software for low-performing students in grades K-6. If the grant is
made to a school district, the principals of schools enrolling targeted
students shall be consulted concerning design and implementation of the
program.
(b) The programs may be implemented before, after, or during the
regular school day, or on Saturdays, summer, intercessions, or other
vacation periods.
(c) Two or more schools may combine their Washington reading corps
programs.
(d) A program is eligible for a grant if it meets the following
conditions:
(i) The program employs methods of teaching and student learning
based on reliable reading/literacy research and effective practices;
(ii) The program design is comprehensive and includes instruction,
on-going student assessment, professional development,
parental/community involvement, and program management aligned with the
school's reading curriculum;
(iii) It provides quality professional development and training for
teachers, staff, and volunteer mentors and tutors;
(iv) It has measurable goals for student reading aligned with the
essential academic learning requirements;
(v) It contains an evaluation component to determine the
effectiveness of the program; and
(vi) The program may include a software-based solution to increase
the student/tutor ratio to a minimum of 5:1. The selected software
program shall be scientifically researched-based.
(e) Funding priority shall be given to low-performing schools.
(f) Beginning and end-of-program testing data shall be available to
determine the effectiveness of funded programs and practices. Common
evaluative criteria across programs, such as grade-level improvements
shall be available for each reading corps program. The superintendent
of public instruction shall provide program evaluations to the governor
and the appropriate committees of the legislature. Administrative and
evaluation costs may be assessed from the annual appropriation for the
program.
(g) Grants provided under this section may be used by schools and
school districts for expenditures from September 2003 through August
31, 2005.
(11) $1,313,000 of the general fund -- state appropriation for fiscal
year 2004 and (($2,473,000)) $2,034,000 of the general fund -- state
appropriation for fiscal year 2005 are provided solely for salary
bonuses for teachers who attain certification by the national board for
professional teaching standards, subject to the following conditions
and limitations:
(a) Teachers who hold a valid certificate from the national board
during the 2003-04 or 2004-05 school years shall receive an annual
bonus not to exceed $3,500 in each of these school years in which they
hold a national board certificate.
(b) The annual bonus shall be paid in a lump sum amount and shall
not be included in the definition of "earnable compensation" under RCW
41.32.010(10).
(12) $313,000 of the general fund -- state appropriation for fiscal
year 2004 and $313,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for a principal support program.
The office of the superintendent of public instruction may contract
with an independent organization to administer the program. The
program shall include: (a) Development of an individualized
professional growth plan for a new principal or principal candidate;
and (b) participation of a mentor principal who works over a period of
between one and three years with the new principal or principal
candidate to help him or her build the skills identified as critical to
the success of the professional growth plan.
(13) $126,000 of the general fund -- state appropriation for fiscal
year 2004 and $126,000 of the general fund -- state appropriation for
fiscal year 2005 are provided for the development and posting of web-based instructional tools, assessment data, and other information that
assists schools and teachers implementing higher academic standards.
(14) $3,046,000 of the general fund -- state appropriation for fiscal
year 2004 and $3,046,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely to the office of the
superintendent of public instruction for focused assistance. The
office of the superintendent of public instruction shall conduct
educational audits of low-performing schools and enter into performance
agreements between school districts and the office to implement the
recommendations of the audit and the community. Each educational audit
shall include recommendations for best practices and ways to address
identified needs and shall be presented to the community in a public
meeting to seek input on ways to implement the audit and its
recommendations.
(15) $1,764,000 of the general fund -- state appropriation for fiscal
year 2004 and $1,764,000 of the general fund -- state appropriation for
fiscal year 2005 are provided solely for the mathematics helping corps
subject to the following conditions and limitations:
(a) In order to increase the availability and quality of technical
mathematics assistance statewide, the superintendent of public
instruction shall employ mathematics school improvement specialists to
provide assistance to schools and districts. The specialists shall be
hired by and work under the direction of a statewide school improvement
coordinator. The mathematics improvement specialists shall not be
permanent employees of the superintendent of public instruction.
(b) The school improvement specialists shall provide the following:
(i) Assistance to schools to disaggregate student performance data
and develop improvement plans based on those data;
(ii) Consultation with schools and districts concerning their
performance on the Washington assessment of student learning and other
assessments emphasizing the performance on the mathematics assessments;
(iii) Consultation concerning curricula that aligns with the
essential academic learning requirements emphasizing the academic
learning requirements for mathematics, the Washington assessment of
student learning, and meets the needs of diverse learners;
(iv) Assistance in the identification and implementation of
research-based instructional practices in mathematics;
(v) Staff training that emphasizes effective instructional
strategies and classroom-based assessment for mathematics;
(vi) Assistance in developing and implementing family and community
involvement programs emphasizing mathematics; and
(vii) Other assistance to schools and school districts intended to
improve student mathematics learning.
(16) $125,000 of the general fund--state appropriation for fiscal
year 2004 and $125,000 of the general fund--state appropriation for
fiscal year 2005 are provided for the Tukwila school district and the
Selah school district for a two-year project designed to improve the
districts' performance in reading and math and to close the achievement
gap within the district, subject to the following conditions and
limitations:
(a) Funds shall be allocated to all schools within the Tukwila
school district and Selah school district to implement proven,
research-based reading and math intervention software for low-performing students in grades K-12.
(b) The programs may be implemented before, during, or after the
regular school day, on Saturdays, or summer intercessions.
(c) A program is eligible for funding if it meets the following
conditions:
(i) The program employs methods of teaching and student learning
based on reliable research and best practices;
(ii) The program design is comprehensive and includes instruction,
ongoing student assessment, professional development, and program
management aligned with the district's reading and math curriculum;
(iii) The program provides quality professional development and
training for teachers, staff, and volunteer mentors or tutors;
(iv) The program contains an evaluation component to determine the
effectiveness of the program, which will be reported to the legislature
and the superintendent of public instruction on an annual basis for the
duration of the project.
(d) Beginning and end-of-program testing data shall be available to
determine the effectiveness of funded programs and practices. Common
evaluative criteria across programs, such as grade-level improvements,
shall be available for each program.
(e) All materials related to the project shall be retained by the
district at the end of the two-year term.
(17) $515,000 of the general fund--state appropriation for fiscal
year 2005 is provided solely for the math initiative. The office of
the superintendent of public instruction shall evaluate textbooks and
other instructional materials for math to determine the extent to which
they are aligned with the state standards. A scorecard of the analysis
shall be made available to school districts. The superintendent shall
also develop and disseminate information on essential components of
comprehensive, school-based math programs and shall work with mentor
teachers from around the state to develop guidelines for eligibility,
training, and professional development for mentor math teachers.
(18) (($87,901,000)) $88,942,000 of the general fund -- federal
appropriation is provided for preparing, training, and recruiting high
quality teachers and principals under Title II of the no child left
behind act.
(19) $25,955,000 of the general fund -- federal appropriation is
provided for the reading first program under Title I of the no child
left behind act.
Sec. 513 2004 c 276 s 514 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR TRANSITIONAL
BILINGUAL PROGRAMS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $50,678,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($54,050,000))
$53,856,000
General Fund -- Federal Appropriation (FY 2005) . . . . . . . . . . . . $44,544,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($149,272,000))
$149,078,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds
as are necessary to complete the school year ending in the fiscal year
and for prior fiscal year adjustments.
(2) The superintendent shall distribute a maximum of $725.11 per
eligible bilingual student in the 2003-04 school year and (($725.17))
$724.99 in the 2004-05 school year, exclusive of salary and benefit
adjustments provided in section 504 of this act.
(3) The superintendent may withhold up to $700,000 in school year
2003-04 and up to $700,000 in school year 2004-05, and adjust the per
eligible pupil rates in subsection (2) of this section accordingly, for
the central provision of assessments as provided in RCW 28A.180.090 (1)
and (2).
(4) $70,000 of the amounts appropriated in this section are
provided solely to develop a system for the tracking of current and
former transitional bilingual program students.
(5) The general fund -- federal appropriation in this section is
provided for migrant education under Title I Part C and English
language acquisition, and language enhancement grants under Title III
of the elementary and secondary education act.
Sec. 514 2004 c 276 s 515 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR THE LEARNING
ASSISTANCE PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $64,366,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($62,929,000))
$62,995,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($301,322,000))
$310,314,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($428,617,000))
$437,675,000
(1) The general fund -- state appropriations in this section are
subject to the following conditions and limitations:
(a) Each general fund -- state fiscal year appropriation includes
such funds as are necessary to complete the school year ending in the
fiscal year and for prior fiscal year adjustments.
(b) Funding for school district learning assistance programs shall
be allocated at maximum rates of $432.15 per funded unit for the 2003-04 school year and (($432.53)) $432.44 per funded unit for the 2004-05
school year exclusive of salary and benefit adjustments provided under
section 504 of this act.
(c) For purposes of this section, "test results" refers to the
district results from the norm-referenced test administered in the
specified grade level. The norm-referenced test results used for the
third and sixth grade calculations shall be consistent with the third
and sixth grade tests required under RCW 28A.230.190 and 28A.230.193.
(d) A school district's general fund -- state funded units shall be
the sum of the following:
(i) The district's full-time equivalent enrollment in grades K-6,
multiplied by the 5-year average 4th grade lowest quartile test results
as adjusted for funding purposes in the school years prior to 1999-2000, multiplied by 0.82. As the 3rd grade test becomes available, it
shall be phased into the 5-year average on a 1-year lag;
(ii) The district's full-time equivalent enrollment in grades 7-9,
multiplied by the 5-year average 8th grade lowest quartile test results
as adjusted for funding purposes in the school years prior to 1999-2000, multiplied by 0.82. As the 6th grade test becomes available, it
shall be phased into the 5-year average for these grades on a 1-year
lag;
(iii) The district's full-time equivalent enrollment in grades 10-11 multiplied by the 5-year average 11th grade lowest quartile test
results, multiplied by 0.82. As the 9th grade test becomes available,
it shall be phased into the 5-year average for these grades on a 1-year
lag;
(iv) If, in the prior school year, the district's percentage of
October headcount enrollment in grades K-12 eligible for free and
reduced price lunch exceeded 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 K-12 annual average full-time equivalent enrollment for the
current school year multiplied by 22.3 percent; and
(v) In addition to amounts allocated under (d) of this subsection,
for school districts in which the effective Title I Part A (basic
program) increase is insufficient to cover the formula change in the
multiplier from .92 to .82, a state allocation shall be provided that,
when combined with the effective increase in federal Title I Part A
(basic program) funds from the 2001-02 school year, is sufficient to
cover this amount. The effective Title I Part A (basic program)
increase is the current school year federal Title I Part A (basic
program) allocation minus the 2001-02 school year federal Title I Part
A (basic program) allocation, after the 2001-02 Title I Part A
allocation has been inflated by three percent.
(2) The general fund -- federal appropriation in this section is
provided for Title I Part A allocations of the no child left behind act
of 2001.
(3) A school district may carry over from one year to the next up
to 10 percent of the general fund--state funds allocated under this
program; however, carryover funds shall be expended for the learning
assistance program.
Sec. 515 2004 c 276 s 516 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR STUDENT ACHIEVEMENT
PROGRAM
Student Achievement Fund -- State
Appropriation (FY 2004) . . . . . . . . . . . . $214,107,000
Student Achievement Fund -- State
Appropriation (FY 2005) . . . . . . . . . . . . (($195,535,000))
$195,512,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($409,642,000))
$409,619,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Funding for school district student achievement programs shall
be allocated at a maximum rate of $219.32 per FTE student for the 2003-04 school year and $254.00 per FTE student for the 2004-05 school year.
For the purposes of this section and in accordance with RCW 84.52.068,
FTE student refers to the annual average full-time equivalent
enrollment of the school district in grades kindergarten through twelve
for the prior school year.
(2) The appropriation is allocated for the following uses as
specified in RCW 28A.505.210:
(a) To reduce class size by hiring certificated elementary
classroom teachers in grades K-4 and paying nonemployee-related costs
associated with those new teachers;
(b) To make selected reductions in class size in grades 5-12, such
as small high school writing classes;
(c) To provide extended learning opportunities to improve student
academic achievement in grades K-12, including, but not limited to,
extended school year, extended school day, before-and-after-school
programs, special tutoring programs, weekend school programs, summer
school, and all-day kindergarten;
(d) To provide additional professional development for educators
including additional paid time for curriculum and lesson redesign and
alignment, training to ensure that instruction is aligned with state
standards and student needs, reimbursement for higher education costs
related to enhancing teaching skills and knowledge, and mentoring
programs to match teachers with skilled, master teachers. The funding
shall not be used for salary increases or additional compensation for
existing teaching duties, but may be used for extended year and
extended day teaching contracts;
(e) To provide early assistance for children who need
prekindergarten support in order to be successful in school; or
(f) To provide improvements or additions to school building
facilities which are directly related to the class size reductions and
extended learning opportunities under (a) through (c) of this
subsection (2).
(3) For the 2003-04 school year, the office of the superintendent
of public instruction shall distribute ten percent of the school year
allocation to districts each month for the months of September through
June. For the 2004-05 school year, the superintendent of public
instruction shall distribute the school year allocation according to
the monthly apportionment schedule defined in RCW 28A.510.250.
NEW SECTION. Sec. 516 A new section is added to 2003 1st sp.s.
c 25 (uncodified) to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION. (1) Appropriations
made in this act to the office of superintendent of public instruction
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 subsection (2) of
this section.
(2) The appropriations to the office of superintendent of public
instruction in this act shall be expended for the programs and amounts
specified in this act. However, after May 1, 2005, unless specifically
prohibited by this act and after approval by the director of financial
management, the superintendent of public instruction may transfer state
general fund appropriations for fiscal year 2005 among the following
programs to meet the apportionment schedule for a specified formula in
another of these programs: General apportionment; employee
compensation adjustments; pupil transportation; special education
programs; institutional education programs; transitional bilingual
programs; and learning assistance programs.
(3) The director of financial management shall notify the
appropriate legislative fiscal committees in writing prior to approving
any allotment modifications or transfers under this section.
Sec. 601 2003 1st sp.s. c 25 s 617 (uncodified) is amended to
read as follows:
FOR THE STATE SCHOOL FOR THE BLIND
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $4,614,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($4,641,000))
$4,656,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,335,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($10,590,000))
$10,605,000
Sec. 701 2004 c 276 s 701 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING
BOND REGISTRATION AND TRANSFER CHARGES: FOR DEBT SUBJECT TO THE DEBT
LIMIT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $655,886,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($528,766,000))
$527,566,000
Debt-Limit General Fund Bond Retirement Account--
State Appropriation . . . . . . . . . . . . $17,300,000
State Building Construction Account -- State
Appropriation . . . . . . . . . . . . (($8,922,000))
$7,922,000
Debt-Limit Reimbursable Bond Retirement Account --
State Appropriation . . . . . . . . . . . . $2,587,000
State Taxable Building Construction Account --
State Appropriation . . . . . . . . . . . . $465,000
Gardner-Evans Higher Education Construction Account--
State Appropriation . . . . . . . . . . . . $2,087,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,216,013,000))
$1,213,813,000
The appropriations in this section are subject to the following
conditions and limitations: The general fund appropriations are for
deposit into the debt-limit general fund bond retirement account. The
appropriation for fiscal year 2004 shall be deposited in the debt-limit
general fund bond retirement account by June 30, 2004.
Sec. 702 2004 c 276 s 702 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING
BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO
BE REIMBURSED AS PRESCRIBED BY STATUTE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $26,394,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . (($24,805,000))
$24,605,000
Capitol Historic District Construction
Account -- State Appropriation . . . . . . . . . . . . $323,000
Higher Education Construction Account -- State
Appropriation . . . . . . . . . . . . $238,000
State Vehicle Parking Account -- State
Appropriation . . . . . . . . . . . . $102,000
Nondebt-Limit Reimbursable Bond Retirement Account --
State Appropriation . . . . . . . . . . . . (($128,375,000))
$126,775,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($180,237,000))
$178,437,000
The appropriations in this section are subject to the following
conditions and limitations: The general fund appropriation is for
deposit into the nondebt-limit general fund bond retirement account.
Sec. 703 2004 c 276 s 703 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING
BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $526,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $526,000
Higher Education Construction Account -- State
Appropriation . . . . . . . . . . . . $35,000
State Building Construction Account -- State
Appropriation . . . . . . . . . . . . (($2,083,000))
$1,083,000
State Vehicle Parking Account -- State
Appropriation . . . . . . . . . . . . $17,000
Capitol Historic District Construction
Account -- State Appropriation . . . . . . . . . . . . $45,000
State Taxable Building Construction Account --
State Appropriation . . . . . . . . . . . . $60,000
Gardner-Evans Higher Education Construction Account--
State Appropriation . . . . . . . . . . . . $180,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,472,000))
$2,472,000
Sec. 704 2004 c 276 s 709 (uncodified) is amended to read as
follows:
FOR SUNDRY CLAIMS. The following sums, or so much thereof as may
be necessary, are appropriated from the general fund, unless otherwise
indicated, for relief of various individuals, firms, and corporations
for sundry claims. These appropriations are to be disbursed on
vouchers approved by the director of the office of financial
management, except as otherwise provided, as follows:
(1) Reimbursement of criminal defendants acquitted on the basis of
self-defense, pursuant to RCW 9A.16.110:
(a) Kelly C. Schwartz, claim number SCJ 03-10 . . . . . . . . . . . . $18,250
(b) Clinton Johnston, claim number SCJ 04-02 . . . . . . . . . . . . $8,225
(c) Johnny Riley, claim number SCJ 04-05 . . . . . . . . . . . . $1,500
(d) Gregory Nichols, claim number SCJ 04-06 . . . . . . . . . . . . $3,995
(e) William Poll, claim number SCJ 04-07 . . . . . . . . . . . . $31,106
(f) John Obert, claim number SCJ 04-09 . . . . . . . . . . . . $15,957
(g) David McCown, claim number SCJ 04-10 . . . . . . . . . . . . $2,900
(h) Frank Leyendekker, claim number SCJ 05-01 . . . . . . . . . . . . $2,325
(i) Todd Richardson, claim number SCJ 05-02 . . . . . . . . . . . . $32,934
(j) Jason Fakih, claim number SCJ 05-03 . . . . . . . . . . . . $100,774
(2) Payment from the state wildlife account for damage to crops by
wildlife, pursuant to RCW 77.36.050:
(a) Circle S Landscape Supplies, claim number
SCG 03-05 . . . . . . . . . . . . $49,380
(b) Marilyn Lund Farms, claim number SCG 03-08 . . . . . . . . . . . . $17,175
(c) Paul Gibbons, claim number SCG 03-09 . . . . . . . . . . . . $12,414
(d) Bud Hamilton, claim number SCG 03-10 . . . . . . . . . . . . $15,591
(e) Richard Anderson, claim number SCG 03-11 . . . . . . . . . . . . $75,933
(f) Neil Ice, claim number SCG 03-12 . . . . . . . . . . . . $73,474
(g) Carl Anderson, claim number SCG 03-13 . . . . . . . . . . . . $120,943
(h) Lafe Wilson, claim number SCG 04-02 . . . . . . . . . . . . $626
(i) Richard Anderson, claim number SCG 04-04 . . . . . . . . . . . . $28,998
(j) Circle S Landscape, claim number SCG-04-05 . . . . . . . . . . . . $20,000
NEW SECTION. Sec. 705 A new section is added to 2003 1st sp.s.
c 25 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--PUBLIC SAFETY AND EDUCATION
ACCOUNT
General Fund--State Appropriation (FY 2005) . . . . . . . . . . . . $9,000,000
The appropriation in this section is subject to the following
conditions and limitations: The appropriation in this section is
provided solely for deposit in the public safety and education account.
Sec. 801 2004 c 276 s 802 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- TRANSFERS. For transfers in this section
to the state general fund, pursuant to RCW 43.135.035(5), the state
expenditure limit shall be increased by the amount of the transfer.
The increase shall occur in the fiscal year in which the transfer
occurs.
State Convention and Trade Center Account:
For transfer to the state general fund . . . . . . . . . . . . $10,000,000
County Sale/Use Tax Equalization Account:
For transfer to the state general fund for
fiscal year 2004 . . . . . . . . . . . . $74,000
Financial Services Regulation Fund: For transfer
to the state general fund at the beginning
of fiscal year 2005 . . . . . . . . . . . . $7,285,000
Municipal Sale/Use Tax Equalization Account:
For transfer to the state general fund for
fiscal year 2004 . . . . . . . . . . . . $374,000
Asbestos Account: For transfer to the state
general fund . . . . . . . . . . . . $200,000
Electrical License Account: For transfer
to the state general fund . . . . . . . . . . . . $7,000,000
Local Toxics Control Account: For transfer
to the state toxics control account . . . . . . . . . . . . $4,059,000
Pressure Systems Safety Account: For transfer
to the state general fund . . . . . . . . . . . . $1,000,000
Health Services Account: For transfer
to the water quality account . . . . . . . . . . . . $8,182,000
State Treasurer's Service Account: For
transfer to the general fund . . . . . . . . . . . . $14,000,000
Public Works Assistance Account: For
transfer to the drinking water
assistance account . . . . . . . . . . . . $8,387,000
Tobacco Settlement Account: For transfer
to the health services account, in an
amount not to exceed the actual balance
of the tobacco settlement account . . . . . . . . . . . . $181,000,000
Health Service Account: For transfer
to the violence reduction and drug
enforcement account . . . . . . . . . . . . $7,789,000
Nisqually Earthquake Account: For transfer to
the disaster response account . . . . . . . . . . . . $6,200,000
Industrial Insurance Premium Refund Account:
For transfer to the state general fund . . . . . . . . . . . . $577,000
Public Service Revolving Account: For transfer
to the state general fund . . . . . . . . . . . . $1,600,000
State Forest Nursery Revolving Account: For transfer
to the state general fund, $250,000 for fiscal
year 2004 and $250,000 for fiscal year 2005 . . . . . . . . . . . . $500,000
Flood Control Assistance Account: For transfer
to the state general fund, $1,350,000 for
fiscal year 2004 and $1,350,000 for fiscal
year 2005 . . . . . . . . . . . . $2,700,000
Water Quality Account: For transfer to the water
pollution control account . . . . . . . . . . . . (($14,034,513))
$9,000,000
General Fund: For transfer to the water quality
account, $3,870,000 for fiscal year 2004 and
$4,557,000 for fiscal year 2005 . . . . . . . . . . . . $8,427,000
Insurance Commissioner's Regulatory Account:
For transfer to the state general fund . . . . . . . . . . . . $2,500,000
Health Services Account: For transfer to the
tobacco prevention and control account . . . . . . . . . . . . $23,796,000
From the Emergency Reserve Fund: For transfer
to the state general fund, not to exceed
the actual balance of the emergency reserve fund.
This transfer is intended to liquidate the
emergency reserve fund . . . . . . . . . . . . $58,100,000
Department of Retirement Systems Expense Account:
For transfer to the state general fund . . . . . . . . . . . . $5,500,000
Woodstove Education and Enforcement Account:
For transfer to the air pollution control account . . . . . . . . . . . . $600,000
Multimodal Transportation Account: For transfer
to the air pollution control account for
fiscal year 2004. The amount transferred
shall be deposited into the segregated
subaccount of the air pollution control
account created in Engrossed Substitute
Senate Bill No. 6072, chapter 264, Laws of
2003. The state treasurer shall perform the
transfer from the multimodal transportation
account to the air pollution control subaccount
on a quarterly basis . . . . . . . . . . . . $4,170,726
Multimodal Transportation Account: For transfer
to the vessel response account for fiscal
year 2004 . . . . . . . . . . . . $1,213,704
Resource Management Cost Account: For transfer
to the contract harvesting revolving account . . . . . . . . . . . . $250,000
Forest Development Account: For transfer to the
contract harvesting revolving account . . . . . . . . . . . . $250,000
Site Closure Account: For transfer to the
state general fund . . . . . . . . . . . . $13,800,000
Health Services Account: For transfer to the
general fund--state for fiscal year 2005 . . . . . . . . . . . . $46,250,000
K-20 Technology Account: For transfer to the state
general fund . . . . . . . . . . . . $1,281
Gambling Revolving Fund, Nontribal Sources: For
transfer to the state general fund . . . . . . . . . . . . $2,500,000
State Building Construction Account: For transfer
to the conservation assistance revolving account . . . . . . . . . . . . $500,000
Wildlife Account: For transfer to the special
wildlife account, $250,000 in fiscal year 2004
and $250,000 in fiscal year 2005 . . . . . . . . . . . . $500,000
Education Technology Revolving Account: For transfer
to the data processing revolving account . . . . . . . . . . . . $296,000
Digital Government Revolving Account: For transfer
to the data processing revolving account . . . . . . . . . . . . $154,000
Election Account: For transfer
to the state general fund . . . . . . . . . . . . $780,000
Drinking Water Assistance Account: For transfer
to the drinking water assistance repayment
account, not to exceed the actual loan
repayments to this account . . . . . . . . . . . . $20,000,000
Sec. 901 RCW 66.16.010 and 2003 1st sp.s. c 25 s 928 are each
amended to read as follows:
(1) There shall be established at such places throughout the state
as the liquor control board, constituted under this title, shall deem
advisable, stores to be known as "state liquor stores," for the sale of
liquor in accordance with the provisions of this title and the
regulations: PROVIDED, That the prices of all liquor shall be fixed by
the board from time to time so that the net annual revenue received by
the board therefrom shall not exceed thirty-five percent. Effective no
later than September 1, 2003, the liquor control board shall add an
equivalent surcharge of $0.42 per liter on all retail sales of spirits,
excluding licensee, military, and tribal sales. The intent of this
surcharge is to raise (($14,000,000 in additional)) revenue for the
general fund-state ((revenue)) for the 2003-2005 biennium. ((To the
extent that a lesser surcharge is sufficient to raise $14,000,000, the
board may reduce the amount of the surcharge. The board shall remove
the surcharge once it generates $14,000,000, but no later than June 30,
2005.))
(2) The liquor control board may, from time to time, fix the
special price at which pure ethyl alcohol may be sold to physicians and
dentists and institutions regularly conducted as hospitals, for use or
consumption only in such hospitals; and may also fix the special price
at which pure ethyl alcohol may be sold to schools, colleges and
universities within the state for use for scientific purposes.
Regularly conducted hospitals may have right to purchase pure ethyl
alcohol on a federal permit.
(3) The liquor control board may also fix the special price at
which pure ethyl alcohol may be sold to any department, branch or
institution of the state of Washington, federal government, or to any
person engaged in a manufacturing or industrial business or in
scientific pursuits requiring alcohol for use therein.
(4) The liquor control board may also fix a special price at which
pure ethyl alcohol may be sold to any private individual, and shall
make regulations governing such sale of alcohol to private individuals
as shall promote, as nearly as may be, the minimum purchase of such
alcohol by such persons.
NEW SECTION. Sec. 902 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. 903 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately.