| Passed by the Senate April 12, 2010 YEAS 25 BRAD OWEN ________________________________________ President of the Senate Passed by the House April 12, 2010 YEAS 54 FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 6444 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
| Approved May 4, 2010, 12:26 p.m., with
the exception of Sections 109; 117, page
17, lines 10-11; 127(27); 127(28);
127(31); 127(36); 127(38); 127(39); 129,
page 35, lines 19-20; 129(3); 129(6);
131(2); 201(7); 204(3)(f); 205(1)(m);
205(1)(n); 205(1)(o); 205(1)(p);
205(1)(r); 205(1)(s); 206(20); 206(21);
207(2); 207(11); 209(14); 209(35);
209(38); 209(39); 209(40); 209(41);
209(42); 209(47); 212(6); 212(7);
214(7); 214(8); 221(21); 221(28);
223(2)(h); 303(3); 303(4); 304(4);
306(2); 308(15); 501(1)(b);
501(1)(f)(iv); 604(7); 605(5); 708; 717;
803, page 281, line 38, and page 282,
lines 1-11; 803, page 283, lines 20-22,
803, page 283, lines 23-27, 803, page
285, lines 28-31; 902; 908; 920; 926;
937; and 939 which are vetoed. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 5, 2010 Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 02/27/10.
AN ACT Relating to fiscal matters; amending RCW 13.06.050, 15.76.115, 28A.300.380, 28B.50.837, 28B.76.565, 28B.76.610, 28B.102.080, 38.52.105, 43.17.390, 43.20A.725, 43.43.839, 43.43.944, 43.60A.185, 43.131.406, 43.70.110, 43.78.030, 43.79.460, 43.79.465, 43.89.010, 43.105.080, 43.155.050, 43.320.110, 43.320.165, 48.02.190, 66.08.170, 67.70.044, 67.70.230, 70.105D.070, 74.31.030, 74.31.060, 70.93.180, 70.105D.130, 70.146.100, 79.105.150, 80.01.080, 80.36.430, 82.14.495, and 83.100.230; amending 2010 c 3 ss 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 301, 302, 303, 304, 305, 306, 401, 402, 501, and 601; amending 2009 c 564 ss 101, 102, 103, 104, 105, 106, 107, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121, 122, 123, 124, 131, 132, 133, 134, 135, 136, 138, 140, 141, 142, 144, 145, 147, 148, 150, 149, 152, 155, 201, 213, 214, 216, 217, 218, 220, 224, 226, 221, 301, 304, 305, 308, 310, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 514, 515, 516, 518, 601, 602, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 701, 703, 704, 708, 710, 717, 720, 801, 805, and 914; amending 2010 c 247 ss 502, 407, and 503; reenacting and amending RCW 28B.105.110, 46.09.170, and 67.40.040; adding a new section to chapter 43.215 RCW; adding a new section to chapter 43.79 RCW; adding new sections to 2009 c 564 (uncodified); making appropriations; providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 101 2009 c 564 s 101 (uncodified) is amended to read as
follows:
FOR THE HOUSE OF REPRESENTATIVES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($33,500,000))
$33,505,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($33,379,000))
$32,146,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($66,879,000))
$65,651,000
Sec. 102 2009 c 564 s 102 (uncodified) is amended to read as
follows:
FOR THE SENATE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($24,957,000))
$24,960,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($27,182,000))
$25,631,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($52,139,000))
$50,591,000
Sec. 103 2009 c 564 s 103 (uncodified) is amended to read as
follows:
FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE
General Fund--State Appropriation (FY 2010) . . . . . . . . . . . . $2,874,000
General Fund--State Appropriation (FY 2011) . . . . . . . . . . . . (($2,884,000))
$3,152,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($5,758,000))
$6,026,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Notwithstanding the provisions of this section, the joint
legislative audit and review committee may adjust the due dates for
projects included on the committee's 2009-11 work plan as necessary to
efficiently manage workload.
(2) Within the amounts appropriated in this section, the committee
shall conduct a review of the effect of risk management practices on
tort payouts. This review shall include an analysis of the state's
laws, policies, procedures, and practices as they relate to the conduct
of post-incident reviews and the impact of such reviews on the state's
conduct and liability.
(3) Within the amounts appropriated in this section, the committee
shall conduct a review of the state's workplace safety and health
program. The review shall examine workplace safety inspection,
enforcement, training, and outreach efforts compared to other states
and federal programs; analyze workplace injury and illness rates and
trends in Washington; identify factors that may influence workplace
safety and health; and identify practices that may improve workplace
safety and health and/or impact insurance costs.
(4) Within the amounts appropriated in this section, the committee
shall prepare an evaluation of the implementation of legislation
designed to improve communication, collaboration, and expedited
medicaid attainment with regard to persons released from confinement
who have mental health or chemical dependency disorders. The review
shall evaluate the implementation of: (a) Chapter 166, Laws of 2004
(E2SSB 6358); (b) sections 507 and 508 of chapter 504, Laws of 2005
(E2SSB 5763); (c) sections 12 and 13 of chapter 503, Laws of 2005
(E2SHB 1290); and (d) section 8 of chapter 359, Laws of 2007 (2SHB
1088). The departments of corrections and social and health services,
the administrative office of the courts, institutions for mental
disease, city and county jails, city and county courts, county clerks,
and mental health and chemical dependency treatment providers shall
provide the committee with information necessary for the study.
(5) Within the amount appropriated in this section, the joint
legislative audit and review committee shall conduct a review of the
state's recreational boating programs. This review shall include
examination of the following:
(a) Revenue sources for state recreational boating programs;
(b) Expenditures for state boating programs;
(c) Methods of administrating state recreational boating programs,
including the roles of both state and local government entities; and
(d) Approaches other states have taken to funding and administering
their recreational boating programs.
The committee shall complete the review by October 31, 2010.
(((7))) (6) Within the amount appropriated in this section, the
joint legislative audit and review committee shall examine the
operations of employment and day services as provided by the department
of social and health services, division of developmental disabilities
and administered by the counties. The examination shall include a
thorough review of the contracts for all services including, but not
limited to, employment services, day services, child development
services and other uses of state dollars for county administration of
services to the developmentally disabled. In its final report, due to
the legislature by September 1, 2010, the joint legislative audit and
review committee shall provide: A description of how funds are used
and the rates paid to vendors, and a recommendation on best practices
the agency may use for the development of a consistent, outcome-based
contract for services provided under contract with the counties.
(((8))) (7) Within the amount appropriated in this section, the
joint legislative audit and review committee shall conduct a study of
the relationship between the cost of school districts and their
enrollment size. The study shall be completed by June 2010 and shall
include:
(a) An analysis of how categories of costs vary related to size,
including but not limited to facility costs, transportation costs,
educational costs, and administrative costs;
(b) A review of other factors that may impact costs, such as
revenues available from local levies and other sources, geographic
dispersion, demographics, level of services received from educational
service districts, and whether districts operate a high school;
(c) Case studies on the change in cost patterns occurring after
school district consolidations and for school districts operating under
state oversight condition specified in RCW 28A.505.110; and
(d) A review of available research on nonfinancial benefits and
impacts associated with school and school district size.
(8) $200,000 of the general fund--state appropriation for fiscal
year 2011 is provided for the committee to contract with a consultant
specializing in medicaid programs nationwide to review Washington
state's medicaid program and report on cost containment strategies for
the 2011-13 biennial budget. The report is due to the fiscal
committees of the legislature by June 1, 2011.
(9) $50,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the joint legislative audit and review
committee to complete a report that includes the following: (a) An
analysis of the availability within eastern Washington of helicopters
that are privately owned or owned by nonstate governmental entities
that are sufficiently outfitted to participate in wildfire suppression
efforts of the department of natural resources; (b) a comparison of the
costs to the department of natural resources for maintaining the
existing helicopter fleet versus entering into exclusive use contracts
with the helicopters noted in (a) of this subsection; and (c) an
analysis that compares the use and funding of helicopters utilized for
wildfire suppression in the states of California, Oregon, Idaho, and
Montana. The committee shall submit the report to the appropriate
fiscal committees of the legislature and the office of financial
management no later than December 1, 2010.
(10)(a) The task force for reform of executive and legislative
procedures dealing with tax preferences is hereby established. The
task force must:
(i) Review current executive and legislative budget and policy
practices and procedures associated with the recommendation,
development, and consideration of tax preferences, assess the
effectiveness of budgeting requirements and practices, the general
rigor of justifications and evaluations typically provided during
legislative consideration of tax preferences, and the role and value of
methodologies currently used to measure the public benefits and costs,
including opportunity costs, of tax preferences, as defined in RCW
43.136.021.
(ii) Consider but not be limited to, the factors listed in RCW
43.136.055.
(b) The task force may make recommendations to improve the
effectiveness of the review process conducted by the citizen commission
on performance measurement of tax preferences process as described in
chapter 43.136 RCW. The task force may also recommend changes or
improvements in the manner in which both the executive branch and
legislative branch of state government address tax preferences
generally, including those in effect as well as those that may be
hereafter proposed, in order to protect the public interest and assure
transparency, fairness, and equity in the state tax code.
(c) The task force may recommend structural or procedural changes
that it feels will enhance both executive and legislative procedures
and ensure consistent and rigorous examination of such preferences.
(d) The task force must report its recommendations to the governor
and legislative fiscal committees by November 15, 2010.
(e) The task force has eleven voting members as follows:
(i) One member is the state treasurer;
(ii) One member is the chair of the joint legislative audit and
review committee;
(iii) One member is the director of financial management;
(iv) A member, four in all, of each of the two largest caucuses of
the senate and the two largest caucuses of the house of
representatives, appointed by the chair of each caucus; and
(v) An appointee who is not a legislator, four in all, of each of
the two largest caucuses of the senate and the two largest caucuses of
the house of representatives, appointed by the chair of each caucus.
(f) Persons appointed by the caucus chairs under (e)(v) of this
subsection should be individuals who have a basic understanding of
state tax policy, government operations, and public services.
(g) The task force must elect a chair from among its members.
Decisions of the task force must be made using the sufficient consensus
model. For the purposes of this subsection, "sufficient consensus"
means the point at which the substantial majority of the commission
favors taking a particular action. The chair may determine when a vote
must be taken. The task force must allow a minority report to be
included with a decision of the task force if requested by a member of
the task force.
(h) The joint legislative audit and review committee must provide
clerical, technical, and management personnel to the task force to
serve as the task force's staff. The staff of the legislative fiscal
committees, legislative counsel, and the office of financial management
must also provide technical assistance to the task force. The
department of revenue must provide necessary support and information to
the joint task force.
(i) The task force must meet at least once a quarter and may hold
additional meetings at the call of the chair or by a majority vote of
the members of the task force. The members of the task force must be
compensated in accordance with RCW 43.03.220 and reimbursed for travel
expenses in accordance with RCW 43.03.050 and 43.03.060.
Sec. 104 2009 c 564 s 104 (uncodified) is amended to read as
follows:
FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
General Fund--State Appropriation (FY 2010) . . . . . . . . . . . . $1,748,000
General Fund--State Appropriation (FY 2011) . . . . . . . . . . . . (($1,927,000))
$1,916,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,675,000))
$3,664,000
Sec. 105 2009 c 564 s 105 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF THE STATE ACTUARY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $200,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($25,000))
$20,000
((Health Care Authority Administrative Account--State))
Appropriation . . . . . . . . . . . . $735,000
Department of Retirement Systems Expense
Account -- State Appropriation . . . . . . . . . . . . (($3,309,000))
$3,305,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,269,000))
$3,525,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $25,000 of the department of retirement systems--state
appropriation is provided solely for the continued study of local
government liabilities for postretirement medical benefits for members
of plan 1 of the law enforcement officers' and firefighters' retirement
system.
(2) $51,000 of the department of retirement systems expense
account--state appropriation is provided solely for the state actuary
to contract with the Washington state institute for public policy for
a study of the disability benefits provided to the plan 2 and plan 3
members of the public employees' retirement system, the teachers'
retirement system, and the school employees' retirement system. Among
the options the institute shall examine include statutory changes to
the retirement systems and insurance products. The institute shall
report its findings and recommendations to the select committee on
pension policy by November 1, 2009.
(3) $30,000 of the department of retirement systems expense
account--state appropriation is provided solely for the state actuary
to contract with the Washington state institute for public policy to
continue the study of long-term disability benefits for public
employees as authorized by subsection (2) of this section during the
2010 legislative interim. The purpose of the study is to develop the
options identified in the 2009 legislative interim disability benefit
study, including options related to the public employees' benefits
board programs, other long-term disability insurance programs, and
public employee retirement system benefits. The institute shall report
no later than November 17, 2010, new findings and any additional
recommendations on the options to the select committee on pension
policy, the senate committee on ways and means, and the house committee
on ways and means. The Washington state institute for public policy
shall work with the health care authority to coordinate analysis and
recommendations with its contracted disability vendor and appropriate
stakeholders.
(4) $175,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for the office of the state actuary to
conduct an independent assessment of alternatives for assuring the
long-term financial solvency of the guaranteed education tuition
program including suspension of the program. In conducting this
review, the office may contract for assistance, and shall consult with
the higher education coordinating board, the operating budget
committees of the legislature, the office of financial management, and
the state's public colleges and universities. The office shall report
findings, an assessment of the major alternatives, and suggested
actions to the governor and to the relevant legislative committees by
November 15, 2009.
Sec. 106 2009 c 564 s 106 (uncodified) is
amended to read as
follows:
FOR THE JOINT LEGISLATIVE SYSTEMS COMMITTEE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($8,651,000))
$8,652,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($8,519,000))
$8,506,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($17,170,000))
$17,158,000
Sec. 107 2009 c 564 s 107 (uncodified) is amended to read as
follows:
FOR THE STATUTE LAW COMMITTEE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($4,610,000))
$4,611,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($5,029,000))
$4,864,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($9,639,000))
$9,475,000
Sec. 108 2009 c 564 s 108 (uncodified) is amended to read as
follows:
FOR THE REDISTRICTING COMMISSION
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($610,000))
$1,115,000
The appropriations in this section are subject to the following
conditions and limitations: $505,000 of the general fund--state
appropriation for fiscal year 2011 is provided solely for the support
of legislative redistricting efforts. Prior to the appointment of the
redistricting commission, the secretary of the senate and chief clerk
of the house of representatives may jointly authorize the expenditure
of these funds to facilitate preparations for the 2012 redistricting
effort. Following the appointment of the commission, the house of
representatives and senate shall enter into an interagency agreement
with the commission authorizing the continued expenditure of these
funds for legislative redistricting support.
*Sec. 109 2009 c 564 s 110 (uncodified) is amended to read as
follows:
FOR THE SUPREME COURT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($6,912,000))
$6,891,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($6,948,000))
$6,795,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($13,860,000))
$13,686,000
The appropriations in this section are subject to the following
conditions and limitations: It is the intent of the legislature that
the reductions in appropriations in this section shall be achieved, to
the greatest extent possible, by reducing those state government
administrative costs that do not affect direct client services or
direct service delivery or programs. The agency shall, to the greatest
extent possible, reduce spending in those areas that shall have the
least impact on implementing its mission.
*Sec. 109 was vetoed. See message at end of chapter.
Sec. 110 2009 c 564 s 111 (uncodified) is amended to read as
follows:
FOR THE LAW LIBRARY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($1,924,000))
$1,925,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,922,000))
$1,659,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,846,000))
$3,584,000
The appropriations in this section are subject to the following
conditions and limitations: It is the intent of the legislature that
the reductions in appropriations in this section shall be achieved, to
the greatest extent possible, by reducing those state government
administrative costs that do not affect direct client services or
direct service delivery or programs. The agency shall, to the greatest
extent possible, reduce spending in those areas that shall have the
least impact on implementing its mission.
Sec. 111 2009 c 564 s 112 (uncodified) is amended to read as
follows:
FOR THE COURT OF APPEALS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($15,793,000))
$15,632,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($15,895,000))
$15,969,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($31,688,000))
$31,601,000
The appropriations in this section are subject to the following
conditions and limitations: It is the intent of the legislature that
the reductions in appropriations in this section shall be achieved, to
the greatest extent possible, by reducing those state government
administrative costs that do not affect direct client services or
direct service delivery or programs. The agency shall, to the greatest
extent possible, reduce spending in those areas that shall have the
least impact on implementing its mission.
Sec. 112 2009 c 564 s 113 (uncodified) is amended to read as
follows:
FOR THE COMMISSION ON JUDICIAL CONDUCT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($1,032,000))
$1,043,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,082,000))
$1,064,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,114,000))
$2,107,000
The appropriations in this section are subject to the following
conditions and limitations: It is the intent of the legislature that
the reductions in appropriations in this section shall be achieved, to
the greatest extent possible, by reducing those state government
administrative costs that do not affect direct client services or
direct service delivery or programs. The agency shall, to the greatest
extent possible, reduce spending in those areas that shall have the
least impact on implementing its mission.
Sec. 113 2009 c 564 s 114 (uncodified) is amended to read as
follows:
FOR THE ADMINISTRATOR FOR THE COURTS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($53,607,000))
$52,644,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($51,812,000))
$52,562,000
General Fund--Federal Appropriation . . . . . . . . . . . . $979,000
Judicial Information Systems Account -- State
Appropriation . . . . . . . . . . . . (($29,676,000))
$33,406,000
Judicial Stabilization Trust Account--State
Appropriation . . . . . . . . . . . . $6,598,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($141,693,000))
$146,189,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,800,000 of the general fund--state appropriation for fiscal
year 2010 and $1,800,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for school districts for 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 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. This funding includes amounts school
districts may expend on the cost of serving petitions filed under RCW
28A.225.030 by certified mail or by personal service or for the
performance of service of process for any hearing associated with RCW
28A.225.030.
(2)(a) $8,252,000 of the general fund--state appropriation for
fiscal year 2010 and $8,253,000 of the general fund--state
appropriation for fiscal year 2011 are 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 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.
(b) Each fiscal year during the 2009-11 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.
(3) The distributions made under this subsection 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.
(4) $5,700,000 of the judicial information systems account--state
appropriation is provided solely for modernization and integration of
the judicial information system.
(a) Of this amount, $1,700,000 is for the development of a
comprehensive enterprise-level information technology strategy and
detailed business and operational plans in support of that strategy,
and $4,000,000 is to continue to modernize and integrate current
systems and enhance case management functionality on an incremental
basis.
(b) The amount provided in this subsection may not be expended
without prior approval by the judicial information system committee
((in consultation with the information services board)). The
administrator shall regularly submit project plan updates for approval
to the judicial information system committee ((and the information
services board)).
(c) The judicial information system committee ((and the information
services board)) shall review project progress on a regular basis and
may require quality assurance plans. The judicial information systems
committee ((and the information services board)) shall provide a report
to the appropriate committees of the legislature no later than November
1, 2011, on the status of the judicial information system modernization
and integration, and the consistency of the project with the state's
architecture, infrastructure and statewide enterprise view of service
delivery.
(d) $100,000 of the judicial information systems account--state
appropriation is provided solely for the administrative office of the
courts, in coordination with the judicial information system committee,
to conduct an independent third-party executive-level review of the
judicial information system. This review shall examine, at a minimum,
the scope of the current project plan, governance structure, and
organizational change management procedures. The review will also
benchmark the system plans against similarly sized projects in other
states or localities, review the large scale program risks, and
estimate life cycle costs, including capital and on-going operational
expenditures.
(5) $3,000,000 of the judicial information systems account--state
appropriation is provided solely for replacing computer equipment at
state courts, and at state judicial agencies. The administrator for
the courts shall prioritize equipment replacement purchasing and shall
fund those items that are most essential or critical. By October 1,
2010, the administrative office of the courts shall report to the
appropriate legislative fiscal committees on expenditures for equipment
under this subsection.
(6) $12,000 of the judicial information systems account--state
appropriation is provided solely to implement Engrossed Substitute
House Bill No. 1954 (sealing juvenile records). If the bill is not
enacted by June 30, 2009, the amount provided in this subsection shall
lapse.
(7) $106,000 of the general fund--state appropriation for fiscal
year 2010 and $106,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the twenty-third superior
court judge position in Pierce county. The funds appropriated in this
subsection shall be expended only if the judge is appointed and serving
on the bench.
(8) It is the intent of the legislature that the reductions in
appropriations in this section shall be achieved, to the greatest
extent possible, by reducing those state government administrative
costs that do not affect direct client services or direct service
delivery or programs. The agency shall, to the greatest extent
possible, reduce spending in those areas that shall have the least
impact on implementing its mission.
(9) $44,000 of the judicial information systems account--state
appropriation is provided solely to implement chapter 272, Laws of 2010
(SHB 2680; guardianship).
(10) $274,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the office of public guardianship to
provide guardianship services for low-income incapacitated persons.
(11) $3,797,000 of the judicial information systems account--state
appropriation is provided solely for continued planning and
implementation of improvements to the court case management system.
Sec. 114 2009 c 564 s 115 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF PUBLIC DEFENSE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $25,385,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($24,592,000))
$24,591,000
Judicial Stabilization Trust Account--State
Appropriation . . . . . . . . . . . . $2,923,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($52,900,000))
$52,899,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) It is the intent of the legislature that the reductions in
appropriations in this section shall be achieved, to the greatest
extent possible, by reducing those state government administrative
costs that do not affect direct client services or direct service
delivery or programs. The agency shall, to the greatest extent
possible, reduce spending in those areas that shall have the least
impact on implementing its mission.
(2) The amounts provided include funding for expert and
investigative services in death penalty personal restraint petitions.
Sec. 115 2009 c 564 s 116 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF CIVIL LEGAL AID
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $11,175,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($11,105,000))
$10,984,000
Judicial Stabilization Trust Account--State
Appropriation . . . . . . . . . . . . (($1,160,000))
$1,155,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($23,440,000))
$23,314,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) An amount not to exceed $40,000 of the general fund--state
appropriation for fiscal year 2010 and an amount not to exceed $40,000
of the general fund--state appropriation for fiscal year 2011 may be
used to provide telephonic legal advice and assistance to otherwise
eligible persons who are sixty years of age or older on matters
authorized by RCW 2.53.030(2) (a) through (k) regardless of household
income or asset level.
(2) It is the intent of the legislature that the reductions in
appropriations in this section shall be achieved, to the greatest
extent possible, by reducing those state government administrative
costs that do not affect direct client services or direct service
delivery or programs. The agency shall, to the greatest extent
possible, reduce spending in those areas that shall have the least
impact on implementing its mission.
Sec. 116 2009 c 564 s 117 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF THE GOVERNOR
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($5,880,000))
$5,836,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($5,876,000))
$5,705,000
Economic Development Strategic Reserve Account--State
Appropriation . . . . . . . . . . . . $1,500,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($13,256,000))
$13,041,000
The appropriations in this section are subject to the following
conditions and limitations: (((1))) $1,500,000 of the economic
development strategic reserve account appropriation is provided solely
for efforts to assist with currently active industrial recruitment
efforts that will bring new jobs to the state or will retain
headquarter locations of major companies currently housed in the state.
*Sec. 117 2009 c 564 s 118 (uncodified) is amended to read as
follows:
FOR THE LIEUTENANT GOVERNOR
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($770,000))
$752,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($788,000))
$765,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($90,000))
$88,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,648,000))
$1,605,000
*Sec. 117 was partially vetoed. See message at end of chapter.
Sec. 118 2009 c 564 s 119 (uncodified) is amended to read as
follows:
FOR THE PUBLIC DISCLOSURE COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($2,267,000))
$2,249,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($2,264,000))
$2,212,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,531,000))
$4,461,000
Sec. 119 2010 c 3 s 101 (uncodified) is amended to read as
follows:
FOR THE SECRETARY OF STATE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($20,649,000))
$21,105,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($17,733,000))
$14,869,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($8,121,000))
$8,082,000
Archives and Records Management Account -- State
Appropriation . . . . . . . . . . . . (($8,863,000))
$8,990,000
Charitable Organization Education Account--State
Appropriation . . . . . . . . . . . . $76,000
Department of Personnel Service Account -- State
Appropriation . . . . . . . . . . . . (($760,000))
$757,000
Election Account--State Appropriation . . . . . . . . . . . . $77,000
Local Government Archives Account -- State
Appropriation . . . . . . . . . . . . (($11,777,000))
$11,515,000
Election Account -- Federal Appropriation . . . . . . . . . . . . (($29,715,000))
$31,163,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($97,618,000))
$96,634,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $4,101,000 of the general fund -- state appropriation for fiscal
year 2010 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)(a) $1,897,000 of the general fund -- state appropriation for
fiscal year 2010 and $2,076,000 of the general fund -- state
appropriation for fiscal year 2011 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 2009-2011 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 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 contract with the nonprofit organization to provide public
affairs coverage.
(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.
(3) The appropriations in this section are based upon savings
assumed from the implementation of Senate Bill No. 6122 (election
costs).
(4) ((The secretary of state shall not reduce the services provided
by the talking book and Braille library below the service level
provided in fiscal year 2008.)) In implementing budget reductions, the office of the
secretary of state must make its first priority to maintain funding for
the elections division.
(5)
(5) $76,000 of the charitable organization education account--state
appropriation for fiscal year 2011 is provided solely to implement
Second Substitute House Bill No. 2576 (corporation and charity fees).
If the bill is not enacted by June 30, 2010, the amount provided in
this subsection shall lapse.
(6) $77,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for deposit to the election account.
Sec. 120 2009 c 564 s 121 (uncodified) is amended to read as
follows:
FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($266,000))
$275,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($276,000))
$262,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($542,000))
$537,000
The appropriations in this section are subject to the following
conditions and limitations: The office shall assist the department of
personnel on providing the government-to-government training sessions
for federal, state, local, and tribal government employees. The
training sessions shall 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. The department of personnel shall be
responsible for all of the administrative aspects of the training,
including the billing and collection of the fees for the training.
Sec. 121 2009 c 564 s 122 (uncodified) is amended to read as
follows:
FOR THE COMMISSION ON ASIAN PACIFIC AMERICAN AFFAIRS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($236,000))
$216,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($224,000))
$236,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($460,000))
$452,000
Sec. 122 2009 c 564 s 123 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER
State Treasurer's Service Account -- State
Appropriation . . . . . . . . . . . . (($14,802,000))
$14,686,000
Sec. 123 2009 c 564 s 124 (uncodified) is amended to read as
follows:
FOR THE STATE AUDITOR
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $722,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($729,000))
$717,000
State Auditing Services Revolving
Account -- State Appropriation . . . . . . . . . . . . (($12,061,000))
$10,749,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($13,512,000))
$12,188,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Audits of school districts by the division of municipal
corporations shall include findings regarding the accuracy of: (a)
Student enrollment data; and (b) the experience and education of the
district's certified instructional staff, as reported to the
superintendent of public instruction for allocation of state funding.
(2) $722,000 of the general fund--state appropriation for fiscal
year 2010 and (($729,000)) $717,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for staff and
related costs to verify the accuracy of reported school district data
submitted for state funding purposes; conduct school district program
audits of state funded public school programs; establish the specific
amount of state funding adjustments whenever audit exceptions occur and
the amount is not firmly established in the course of regular public
school audits; and to assist the state special education safety net
committee when requested.
(3) Within the amounts appropriated in this section, the state
auditor shall continue to complete the annual audit of the state's
comprehensive annual financial report and the annual federal single
audit consistent with the auditing standards generally accepted in the
United States and the standards applicable to financial audits
contained in government auditing standards, issued by the comptroller
general of the United States, and OMB circular A-133, audits of states,
local governments, and nonprofit organizations.
(4) The legislature finds that the major changes in personnel
funding in this budget and the long term effects of the ongoing
economic recession combine with structural changes in the nature of
work and employment in many state agencies to require a continuing
review of the workforce examination begun under chapter 534, Laws of
2009 (exempt employment practices). The legislature notes the ongoing
management reforms of the Washington management service being
undertaken by the department of personnel, and anticipates a continuing
legislative committee examination of the architecture and cost of the
state's career and executive workforce. To that end, the office of
state auditor is invited to provide by September 1, 2010, a general
survey of new and best practices for executive and career workforce
management now in use by other states and relevant industries.
Sec. 124 2010 c 3 s 102 (uncodified) is amended to read as
follows:
FOR THE CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $168,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($209,000))
$206,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($377,000))
$374,000
Sec. 125 2010 c 3 s 103 (uncodified) is amended to read as
follows:
FOR THE ATTORNEY GENERAL
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($5,285,000))
$5,732,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($5,614,000))
$5,848,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $4,026,000
New Motor Vehicle Arbitration Account -- State
Appropriation . . . . . . . . . . . . (($1,346,000))
$1,350,000
Legal Services Revolving Account -- State
Appropriation . . . . . . . . . . . . (($221,515,000))
$220,909,000
Tobacco Prevention and Control Account -- State
Appropriation . . . . . . . . . . . . $270,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($238,056,000))
$238,135,000
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. As part of its by agency report to the
legislative fiscal committees and the office of financial management,
the office of the attorney general shall include information detailing
the agency's expenditures for its agency-wide overhead and a breakdown
by division of division administration expenses.
(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 ways and means.
(3) The office of the attorney general is authorized to expend
$2,100,000 from the Zyprexa and other cy pres awards towards consumer
protection costs in accordance with uses authorized in the court
orders.
(4) The attorney general shall annually report to the fiscal
committees of the legislature all new cy pres awards and settlements
and all new accounts, disclosing their intended uses, balances, the
nature of the claim or account, proposals, and intended timeframes for
the expenditure of each amount. The report shall be distributed
electronically and posted on the attorney general's web site. The
report shall not be printed on paper or distributed physically.
(5) The executive ethics board must produce a report by the end of
the calendar year for the legislature regarding performance measures on
the efficiency and effectiveness of the board, as well as on
performance measures to measure and monitor the ethics and integrity of
all state agencies.
(6) $53,000 of the legal services revolving account--state
appropriation is provided solely to implement Engrossed Second
Substitute House Bill No. 3026 (school district compliance with state
and federal civil rights laws).
Sec. 126 2010 c 3 s 104 (uncodified) is amended to read as
follows:
FOR THE CASELOAD FORECAST COUNCIL
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $766,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($759,000))
$742,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,525,000))
$1,508,000
The appropriations in this section are subject to the following
conditions and limitations: $13,000 of the general fund--state
appropriation for fiscal year 2010 and $7,000 of the general fund--state appropriation for fiscal year 2011 are for the implementation of
Second Substitute House Bill No. 2106 (improving child welfare outcomes
through the phased implementation of strategic and proven reforms). If
the bill is not enacted by June 30, 2009, the amounts provided in this
subsection shall lapse.
*Sec. 127 2010 c 3 s 105 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF COMMERCE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($51,015,000))
$49,670,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($51,813,000))
$40,577,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($384,540,000))
$381,918,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($16,266,000))
$10,622,000
Public Works Assistance Account -- State
Appropriation . . . . . . . . . . . . (($2,990,000))
$2,974,000
Tourism Development and Promotion Account -- State
Appropriation . . . . . . . . . . . . $1,003,000
Drinking Water Assistance Administrative
Account -- State Appropriation . . . . . . . . . . . . (($439,000))
$433,000
Lead Paint Account -- State Appropriation . . . . . . . . . . . . (($18,000))
$35,000
Building Code Council Account -- State Appropriation . . . . . . . . . . . . (($1,286,000))
$688,000
Home Security Fund Account -- State Appropriation . . . . . . . . . . . . (($23,498,000))
$25,486,000
Affordable Housing for All Account -- State
Appropriation . . . . . . . . . . . . (($11,900,000))
$11,896,000
Washington Auto Theft Prevention Authority
Account--State Appropriation . . . . . . . . . . . . $300,000
Independent Youth Housing Account -- State
Appropriation . . . . . . . . . . . . (($80,000))
$220,000
County Research Services Account--State Appropriation . . . . . . . . . . . . $469,000
Community Preservation and Development Authority
Account--State Appropriation . . . . . . . . . . . . $350,000
Financial Fraud and Identity Theft Crimes Investigation
and Prosecution Account -- State Appropriation . . . . . . . . . . . . $1,166,000
Low-Income Weatherization Assistance Account -- State
Appropriation . . . . . . . . . . . . (($8,382,000))
$6,882,000
City and Town Research Services Account--State
Appropriation . . . . . . . . . . . . $2,246,000
Manufacturing Innovation and Modernization
Account -- State Appropriation . . . . . . . . . . . . (($246,000))
$230,000
Community and Economic Development Fee
Account -- State Appropriation . . . . . . . . . . . . (($1,833,000))
$6,922,000
Washington Housing Trust Account -- State
Appropriation . . . . . . . . . . . . (($15,372,000))
$15,348,000
Prostitution Prevention and Intervention Account--
State Appropriation . . . . . . . . . . . . $125,000
Public Facility Construction Loan Revolving
Account -- State Appropriation . . . . . . . . . . . . (($755,000))
$754,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($573,252,000))
$560,314,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) (($2,520,000)) $2,378,000 of the general fund -- state
appropriation for fiscal year 2010 and (($2,521,000)) $2,379,000 of the
general fund -- state appropriation for fiscal year 2011 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.
(2) 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 collect payments on outstanding loans, and deposit
them into the state general fund. Repayments of funds owed under the
program shall be remitted to the department according to the terms
included in the original loan agreements.
(3) $100,000 of the general fund--state appropriation for fiscal
year 2010 and $100,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to implement section 2(7) of
Engrossed Substitute House Bill No. 1959 (land use and transportation
planning for marine container ports).
(4) $102,000 of the building code council account--state
appropriation is provided solely for the implementation of sections 3
and 7 of Engrossed Second Substitute Senate Bill No. 5854 (built
environment pollution). If sections 3 and 7 of the bill are not
enacted by June 30, 2009, the amounts provided in this subsection shall
lapse.
(5)(a) $10,500,000 of the general fund--federal appropriation is
provided for training and technical assistance associated with low
income weatherization programs. Subject to federal requirements, the
department shall provide: (i) Up to $4,000,000 to the state board for
community and technical colleges to provide workforce training related
to weatherization and energy efficiency; (ii) up to $3,000,000 to the
Bellingham opportunity council to provide workforce training related to
energy efficiency and weatherization; and (iii) up to $3,500,000 to
community-based organizations and to community action agencies
consistent with the provisions of Engrossed Second Substitute House
Bill No. 2227 (evergreen jobs act). Any funding remaining shall be
expended in project 91000013, weatherization, in the omnibus capital
appropriations act, Substitute House Bill No. 1216 (capital budget).
(b) $6,787,000 of the general fund--federal appropriation is
provided solely for the state energy program, including not less than
$5,000,000 to provide credit enhancements consistent with the
provisions of Engrossed Second Substitute Senate Bill No. 5649 (energy
efficiency in buildings).
(c) Of the general fund--federal appropriation the department shall
provide: $14,500,000 to the Washington State University for the
purpose of making grants for pilot projects providing community-wide
urban, residential, and commercial energy efficiency upgrades
consistent with the provisions of Engrossed Second Substitute Senate
Bill No. 5649 (energy efficiency in buildings); $500,000 to Washington
State University to conduct farm energy assessments. In contracting
with the Washington State University for the provision of these
services, the total administration of Washington State University and
the department shall not exceed 3 percent of the amounts provided.
(d) $38,500,000 of the general fund--federal appropriation is
provided for deposit in the energy recovery act account to establish a
revolving loan program, consistent with the provisions of Engrossed
Substitute House Bill No. 2289 (expanding energy freedom program).
(e) $10,646,000 of the general fund--federal appropriation is
provided pursuant to the energy efficiency and conservation block grant
under the American reinvestment and recovery act. The department may
use up to $3,000,000 of the amount provided in this subsection to
provide technical assistance for energy programs administered by the
agency under the American reinvestment and recovery act.
(6) $14,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for the implementation of Engrossed Second
Substitute Senate Bill No. 5560 (state agency climate leadership). If
the bill is not enacted by June 30, 2009, the amount provided in this
subsection shall lapse.
(7) $22,400,000 of the general fund--federal appropriation is
provided solely for the justice assistance grant program and is
contingent upon the department transferring: $1,200,000 to the
department of corrections for security threat mitigation, $2,336,000 to
the department of corrections for offender reentry, $1,960,000 to the
Washington state patrol for law enforcement activities, $2,087,000 to
the department of social and health services, division of alcohol and
substance abuse for drug courts, and $428,000 to the department of
social and health services for sex abuse recognition training. The
remaining funds shall be distributed by the department to local
jurisdictions.
(8) $20,000 of the general fund--state appropriation for fiscal
year 2010 and $20,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for a grant to KCTS public
television to support Spanish language programming and the V-me Spanish
language channel.
(9) $500,000 of the general fund--state appropriation for fiscal
year 2010 and $500,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for a grant to resolution
Washington to building statewide capacity for alternative dispute
resolution centers and dispute resolution programs that guarantee that
citizens have access to low-cost resolution as an alternative to
litigation.
(10) $30,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for implementation of Engrossed Second
Substitute Senate Bill No. 6015 (commercialization of technology). If
the bill is not enacted by June 30, 2009, the amount provided in this
subsection shall lapse.
(11) By June 30, 2011, the department shall request information
that describes what jurisdictions have adopted, or are in the process
of adopting, plans that address RCW 36.70A.020 and helps achieve the
greenhouse gas emission reductions established in RCW 70.235.020. This
information request in this subsection applies to jurisdictions that
are required to review and if necessary revise their comprehensive
plans ((by December 1, 2011,)) in accordance with RCW 36.70A.130.
(12) During the 2009-11 fiscal biennium, the department shall allot
all of its appropriations subject to allotment by object, account, and
expenditure authority code to conform with the office of financial
management's definition of an option 2 allotment. For those funds
subject to allotment but not appropriation, the agency shall submit
option 2 allotments to the office of financial management.
(13) $50,000 of the general fund--state appropriation for fiscal
year 2010 and $50,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for a grant for the state's
participation in the Pacific Northwest economic region.
(14) $712,000 of the general fund--state appropriation for fiscal
year 2010 and $712,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to the office of crime victims
advocacy. These funds shall be contracted with the 39 county
prosecuting attorneys' offices to support victim-witness services. The
funds must be prioritized to ensure a full-time victim-witness
coordinator in each county. The office may retain only the amount
currently allocated for this activity for administrative costs.
(15) $306,000 of the general fund--state appropriation for fiscal
year 2010 and $306,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for a grant to the retired senior
volunteer program.
(16) $65,000 of the general fund--state appropriation for fiscal
year 2010 ((and $65,000 of the general fund--state appropriation for
fiscal year 2011 are)) is 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.
(17) $371,000 of the general fund--state appropriation for fiscal
year 2010 and $371,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to the northwest agriculture
business center.
(18) The department shall administer its growth management act
technical assistance so that smaller cities receive proportionately
more assistance than larger cities or counties. ((Pass-through grants
shall continue to be funded under 2007-09 policy.))
(19) $212,000 of the general fund--federal appropriation is
provided solely for implementation of Second Substitute House Bill No.
1172 (development rights transfer). If the bill is not enacted by June
30, 2009, the amount provided in this subsection shall lapse.
(20) $69,000 of the general fund--state appropriation for fiscal
year 2010 and $66,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for implementation of Engrossed
Second Substitute House Bill No. 2227 (evergreen jobs act). If the
bill is not enacted by June 30, 2009, the amounts provided in this
subsection shall lapse.
(21) $350,000 of the community development and preservation
authority account--state appropriation is provided solely for a grant
to a community development authority established under chapter 43.167
RCW. The community preservation and development's board of directors
may contract with nonprofit community organizations to aid in
mitigating the effects of increased public impact on urban
neighborhoods due to events in stadia that have a capacity of over
50,000 spectators.
(22) $300,000 of the Washington auto theft prevention authority
account--state appropriation is provided solely for a contract with a
community group to build local community capacity and economic
development within the state by strengthening political relationships
between economically distressed communities and governmental
institutions. The community group shall identify opportunities for
collaboration and initiate activities and events that bring community
organizations, local governments, and state agencies together to
address the impacts of poverty, political disenfranchisement, and
economic inequality on communities of color. These funds must be
matched by other nonstate sources on an equal basis.
(23) $1,800,000 of the home security fund--state appropriation is
provided for transitional housing assistance or partial payments for
rental assistance under the independent youth housing program.
(24) $5,000,000 of the home security fund--state appropriation is
provided solely for the operation, repair, and staffing of shelters in
the homeless family shelter program.
(25) $253,000 of the general fund--state appropriation for fiscal
year 2010 and $283,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the Washington new Americans
program.
(26) $438,000 of the general fund--state appropriation for fiscal
year 2010 and $438,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the Washington asset building
coalitions.
(27) Funding provided to microenterprise development organizations
for fiscal year 2011 shall not be reduced by more than ten percent from
funding levels in the 2009-11 operating budget.
(28) Within existing resources, the department of commerce shall
convene a work group that includes a representative designated by each
of the following: The department, the economic development commission,
the Washington technology center, the Spokane intercollegiate research
and technology institute, the University of Washington center for
commercialization and Washington State University's office of economic
development and global engagement. To better align the missions of
state supported entities conducting commercialization, the work group
shall prepare and submit a report to the legislature no later than
December 1, 2010, that identifies gaps and overlaps in programs,
evaluates strategies to reduce administrative overhead expenses, and
recommends changes which would amplify and accelerate innovation-driver
job creation in the state.
(29) $3,231,000 of the general fund--state appropriation for fiscal
year 2010 and $3,231,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for associate development
organizations.
(30) $5,400,000 of the community and economic development fee
account is provided as follows: $1,000,000 is provided solely for the
department of commerce for services for homeless families through the
Washington families fund; $2,600,000 is provided solely for housing
trust fund operations and maintenance; $800,000 is provided solely for
housing trust fund portfolio management; $500,000 is provided solely
for foreclosure counseling and support; and $500,000 is provided solely
for use as a reserve in the account.
(31)(a) The economic development commission must develop a biennial
budget request for approval by the office of financial management. The
commission must adopt an annual budget and work plan in accordance with
the omnibus appropriations bill approved by the legislature.
(b) Of state appropriated funds for the operation of the
commission, the state agency serving as the commission's fiscal agent
may use no more than ten percent of funds appropriated for commission
personnel costs and no more than three percent of funds in the
Washington state economic development commission account to cover
administrative expenses.
(c) The commission may accept gifts, grants, donations,
sponsorships, or contributions from any federal, state, or local
governmental agency or program, or any private source, and expend the
same for any purpose consistent with this chapter.
(d) The Washington state economic development commission account is
created in the custody of the state treasurer. All receipts from
gifts, grants, donations, sponsorships, or contributions must be
deposited into the account. State appropriated funds may not be
deposited into the account. The account is subject to the allotment
procedures under chapter 43.88 RCW, but an appropriation is not
required
for expenditures. Expenditures from the account may be used
only for purposes related to carrying out the mission, roles, and
responsibilities of the commission. Only the commission, or the
commission's designee, may authorize expenditures from the account.
(32) $250,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the department to administer a
competitive grant program to fund economic development activities
designed to further regional cluster growth and to integrate its
sector-based and cluster-based strategies with its support for the
development of innovation partnership zones. Grant recipients must
provide matching funds equal to the size of the grant. Grants may be
awarded to support the formation of sector associations or cluster
associations, the identification of the technology and
commercialization needs of a sector or cluster, facilitating working
relationships between a sector association or cluster association and
an innovation partnership zone, expanding the operations of an
innovation partnership zone, and developing and implementing plans to
meet the technology development and commercialization needs of industry
sectors, industry clusters, and innovation partnership zones. The
projects receiving grants must not duplicate the purpose or efforts of
industry skill panels but priority must be given to applicants that
complement industry skill panels and will use the grant funds to build
linkages and joint projects.
(33) $100,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely to:
(a) Develop a rural manufacturer export outreach program in
conjunction with impact Washington. The program must provide outreach
services to rural manufacturers in Washington to inform them of the
importance of and opportunities in international trade, and to inform
them of the export assistance programs available to assist these
businesses to become exporters; and
(b) Develop export loan or loan guarantee programs in conjunction
with the Washington economic development finance authority and the
appropriate federal and private entities.
(34) $1,000,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely to implement the provisions of chapter 13,
Laws of 2010 (global health program).
(35) $50,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the creation of the Washington
entrepreneurial development and small business reference service in the
department of commerce.
(a) The department must:
(i) In conjunction with and drawing on information compiled by the
work force training and education coordinating board and the Washington
economic development commission:
(A) Establish and maintain an inventory of the public and private
entrepreneurial training and technical assistance services, programs,
and resources available in the state;
(B) Disseminate information about available entrepreneurial
development and small business assistance services, programs, and
resources via in-person presentations and electronic and printed
materials and undertake other activities to raise awareness of
entrepreneurial training and small business assistance offerings; and
(C) Evaluate the extent to which existing entrepreneurial training
and technical assistance programs in the state are effective and
represent a consistent, integrated approach to meeting the needs of
start-up and existing entrepreneurs;
(ii) Assist providers of entrepreneurial development and small
business assistance services in applying for federal and private
funding to support the entrepreneurial development and small business
assistance activities in the state;
(iii) Distribute awards for excellence in entrepreneurial training
and small business assistance; and
(iv) Report to the governor, the economic development commission,
the work force training and education coordinating board, and the
appropriate legislative committees its recommendations for statutory
changes necessary to enhance operational efficiencies or enhance
coordination related to entrepreneurial development and small business
assistance.
(b) In carrying out the duties under this section, the department
must seek the advice of small business owners and advocates, the
Washington economic development commission, the work force training and
education coordinating board, the state board for community and
technical colleges, the employment security department, the Washington
state microenterprise association, associate development organizations,
impact Washington, the Washington quality award council, the Washington
technology center, the small business export finance assistance center,
the Spokane intercollegiate research and technology institute,
representatives of the University of Washington business school and the
Washington State University college of business and economics, the
office of minority and women's business enterprises, the Washington
economic development finance authority, and staff from small business
development centers.
(c) The director may appoint an advisory board or convene such
other individuals or groups as he or she deems appropriate to assist in
carrying out the department's duties under this section.
(36) The investing in innovation account is created in the custody
of the state treasurer. Funds may be directed to the account from
federal, state, and private sources. Expenditures from the account may
be used only to carry out the investing in innovation grants program
established under RCW 70.210.030, and other innovation and
commercialization purposes consistent with the federal, state, or
private and other funding guidelines that apply to the funds deposited
in the account. Only the executive director of the Washington
technology center or the executive director's designee may authorize
expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but an appropriation is not
required for expenditures.
(37) $50,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for a grant to HistoryLink.
(38) $50,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the Washington quality award council
created in RCW 43.06.335 to provide training to small manufacturers and
other businesses as well as to technical assistance providers from the
department of commerce, impact Washington, small business development
centers, associate development organizations, and other organizations.
The training shall be in continuous quality improvement, performance
measurement, strategic planning, and other approaches designed to
reduce operating costs, improve effectiveness, and increase
productivity in businesses receiving assistance.
(39) $50,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the manufacturing innovation and
modernization account created in RCW 43.338.030.
*Sec. 127 was partially vetoed. See message at end of chapter.
Sec. 128 2010 c 3 s 106 (uncodified) is amended to read as
follows:
FOR THE ECONOMIC AND REVENUE FORECAST COUNCIL
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $711,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($785,000))
$772,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,496,000))
$1,483,000
The appropriations in this section are subject to the following
conditions and limitations: The economic and revenue forecast council,
in its quarterly revenue forecasts, shall forecast the total revenue
for the state lottery.
*Sec. 129 2010 c 3 s 107 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($21,599,000))
$21,189,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($20,670,000))
$20,152,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($23,597,000))
$27,103,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,270,000
State Auditing Services Revolving
Account -- State Appropriation . . . . . . . . . . . . $25,000
Economic Development Strategic Reserve Account--
State Appropriation . . . . . . . . . . . . (($280,000))
$278,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($67,441,000))
$70,017,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $188,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for the implementation of Second
Substitute Senate Bill No. 5945 (Washington health partnership plan).
If the bill is not enacted by June 30, 2009, the amount provided in
this subsection shall lapse.
(2) The office of financial management shall conduct a study on
alternatives for consolidating or transferring activities and
responsibilities of the state lottery commission, state horse racing
commission, state liquor control board, and the state gambling
commission to achieve cost savings and regulatory efficiencies. In
conducting the study, the office of financial management shall consult
with the legislative fiscal committees. Further, the office of
financial management shall establish an advisory group to include, but
not be limited to, representatives of affected businesses, state
agencies or entities, local governments, and stakeholder groups. The
office of financial management shall submit a final report to the
governor and the legislative fiscal committees by November 15, 2009.
(3) (($500,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for a study of the feasibility of closing
state institutional facilities and a plan on eliminating beds in the
state institutional facility inventory. The office of financial
management shall contract with consultants with expertise related to
the subject matters included in this study. The office of financial
management and the consultants shall consult with the department of
social and health services, the department of corrections, stakeholder
groups that represent the people served in these institutions, labor
organizations that represent employees who work in these institutions
and other persons or entities with expertise in the areas being
studied.)) $25,000 of the general
fund--state appropriation for fiscal year 2011 is provided solely for
the office to contract with the Washington state quality award program
to provide training for state managers and employees.
(a) For the purposes of this study, "state institutional
facilities" means facilities operated by the department of corrections
to house persons convicted of a criminal offense, Green Hill school and
Maple Lane school operated by the department of social and health
services juvenile rehabilitation administration, and residential
habilitation centers operated by the department of social and health
services.
(b) In conducting this study, the consultants shall consider the
following factors as appropriate:
(i) The availability of alternate facilities including alternatives
and opportunities for consolidation with other facilities, impacts on
those alternate facilities, and any related capital costs;
(ii) The cost of operating the facility, including the cost of
providing services and the cost of maintaining or improving the
physical plant of the facility;
(iii) The geographic factors associated with the facility,
including the impact of the facility on the local economy and the
economic impact of its closure, and alternative uses for a facility
recommended for closure;
(iv) The costs associated with closing the facility, including the
continuing costs following the closure of the facility;
(v) Number and type of staff and the impact on the facility staff
including other employment opportunities if the facility is closed;
(vi) The savings that will accrue to the state from closure or
consolidation of a facility and the impact any closure would have on
funding the associated services; and
(vii) For the residential habilitation centers, the impact on
clients in the facility being recommended for closure and their
families, including ability to get alternate services and impact on
being moved to another facility.
(c) The office of financial management shall submit a final report
to the governor and the ways and means committees of the house of
representatives and senate by November 1, 2009. The report shall
provide a recommendation and a plan to eliminate 1,580 beds in the
department of corrections facilities, 235 beds from juvenile
rehabilitation facilities, and 250 funded beds in the residential
habilitation centers through closure or consolidation of facilities.
The report shall include an assessment of each facility studied, where
and how the services should be provided, and any costs or savings
associated with each recommendation. In considering the
recommendations of the report, the governor and the legislature shall
not consider closure of any state institutional facility unless the
report recommended the facility for closure.
(4) $110,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely to implement Second Substitute Senate Bill
No. 6578 (multiagency permitting teams). If the bill is not enacted by
June 30, 2010, the amount provided in this subsection shall lapse.
(5) The office of financial management shall, with the assistance
of the natural resources cabinet as created in executive order 09-07,
reduce the number of facilities being leased by the state by
consolidating, wherever possible, regional offices and storage
facilities of the natural resource agencies. The office of financial
management and the natural resources cabinet shall submit a report on
the progress of this effort and the associated savings to the
appropriate fiscal committees of the legislature no later than December
1, 2010.
(6) $100,000 of the general fund--state appropriation for fiscal
year 2010 and $100,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the office of financial
management to hire an independent consultant to conduct an assessment.
The consultant shall be agreed upon by a wide range of interested
stakeholders including organization leaders representing residents of
residential habilitation centers. The assessment shall include
interviews with all residential habilitation center residents or
guardians of residents to determine the optimum setting for these
individuals and shall include the option and choice to remain in a
residential habilitation center. The assessment shall note when the
recommendation of the consultant differs from the choice of the
individual. The assessment shall also determine service and placements
that are underfunded or underserved in community settings and determine
resources and options for funding sources necessary to adequately fund
community-based services for people with developmental disabilities.
The resulting report will be due to the legislature on December 1,
2010.
(7)(a) $50,000 of the general fund--state appropriation for fiscal
year 2010 and $150,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the purposes of the office of
financial management:
(i) Conducting a technical and financial analysis of the state's
plan for the consolidated state data center and office building; and
(ii) Developing a strategic business plan outlining the various
options for use of the site that maximize taxpayer value consistent
with the terms of the finance lease and related agreements.
(b) The analysis required in (a)(i) of this subsection must consist
of, at a minimum, an assessment of the following issues:
(i) The total capital and operational costs for the proposed data
center and office building;
(ii) The occupancy rate for the consolidated state data center, as
compared to total capacity, that will result in revenue exceeding total
capital and operating expenses;
(iii) The potential reallocation of resources that could result
from the consolidation of state data centers and office space; and
(iv) The potential return on investment for the consolidated state
data center and office building that may be realized without impairing
any existing contractual rights under the terms of the financing lease
and related agreements.
(c) This review must build upon the analysis and migration strategy
for the consolidated state data center being prepared for the
department of information services.
(d) The strategic plan must be submitted to the governor and the
legislature by December 1, 2010.
(8) Appropriations in this section include amounts sufficient to
implement Engrossed Substitute House Bill No. 3178 (technology
efficiencies).
*Sec. 129 was partially vetoed. See message at end of chapter.
Sec.130 2009 c 564 s 131 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF ADMINISTRATIVE HEARINGS
Administrative Hearings Revolving
Account -- State Appropriation . . . . . . . . . . . . (($33,473,000))
$33,978,000
The appropriation in this section is subject to the following
conditions and limitations: $725,000 of the administrative hearings
revolving account--state appropriation is provided solely to implement
Engrossed Second Substitute House Bill No. 2782 (security lifeline
act). If the bill is not enacted by June 30, 2010, the amount provided
in this subsection shall lapse.
*Sec. 131 2009 c 564 s 132 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF PERSONNEL
Department of Personnel Service Account -- State
Appropriation . . . . . . . . . . . . (($22,025,000))
$20,057,000
Higher Education Personnel Services Account -- State
Appropriation . . . . . . . . . . . . (($1,716,000))
$1,578,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($23,741,000))
$21,635,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department shall coordinate with the governor's office of
Indian affairs on providing the government-to-government training
sessions for federal, state, local, and tribal government employees.
The training sessions shall 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. The department shall be responsible for
all of the administrative aspects of the training, including the
billing and collection of the fees for the training.
(2) In coordination with efforts under section 119(4) of this act,
the department of personnel shall provide, by September 1, 2010, a
synopsis of current and recent survey data regarding employee
satisfaction and the department's overall assessment of career and
executive workforce management concerns.
*Sec. 131 was partially vetoed. See message at end of chapter.
Sec. 132 2009 c 564 s 133 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE LOTTERY
Lottery Administrative Account -- State
Appropriation . . . . . . . . . . . . (($27,776,000))
$26,777,000
Sec. 133 2009 c 564 s 134 (uncodified) is amended to read as
follows:
FOR THE COMMISSION ON HISPANIC AFFAIRS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($253,000))
$250,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($260,000))
$255,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($513,000))
$505,000
Sec. 134 2009 c 564 s 135 (uncodified) is amended to read as
follows:
FOR THE COMMISSION ON AFRICAN-AMERICAN AFFAIRS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $243,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($244,000))
$236,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($487,000))
$479,000
Sec. 135 2009 c 564 s 136 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--OPERATIONS
Department of Retirement Systems Expense
Account -- State Appropriation . . . . . . . . . . . . (($49,504,000))
$48,332,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $148,000 of the department of retirement systems--state
appropriation is provided solely for the administrative costs
associated with implementation of Senate Bill No. 5303 (transferring
members of retirement systems). If the bill is not enacted by June 30,
2009, the amount provided in this subsection shall lapse.
(2) $66,000 of the department of retirement systems expense
account--state appropriation is provided for the department of
retirement systems to make revisions to various administrative
processes as necessary to implement Engrossed Second Substitute Senate
Bill No. 5688 (registered domestic partners). If the bill is not
enacted by June 30, 2009, the amount provided in this subsection shall
lapse.
(3) $12,000 of the department of retirement systems--state
appropriation is provided solely for the administrative costs
associated with implementation of Senate Bill No. 5542 or House Bill
No. 1678 (minimum disability benefits). If neither bill is enacted by
June 30, 2009, the amount provided in this subsection shall lapse.
(4) $45,000 of the department of retirement systems expense
account--state appropriation is provided solely to implement Engrossed
Substitute House Bill No. 1445 (Washington state patrol retirement
system domestic partners). If the bill is not enacted by June 30,
2009, the amount provided in this subsection shall lapse.
(5) $45,000 of the department of retirement systems expense
account--state appropriation is provided solely to implement Engrossed
House Bill No. 1616 (law enforcement officers' and firefighters'
retirement system plan 2 domestic partners). If the bill is not
enacted by June 30, 2009, the amount provided in this subsection shall
lapse.
(6) $56,000 of the department of retirement systems expense
account--state appropriation is provided solely to implement House Bill
No. 1548 (military service credit purchases). If the bill is not
enacted by June 30, 2009, the amount provided in this subsection shall
lapse.
(7) $35,000 of the department of retirement systems expense
account--state appropriation is provided solely to implement Substitute
House Bill No. 1953 (department of fish and wildlife enforcement
officers' past service credit). If the bill is not enacted by June 30,
2009, the amount provided in this subsection shall lapse.
(8) $58,000 of the department of retirement systems expense
account--state appropriation is provided solely to implement House Bill
No. 1541 (plan 2/3 half-time educational employee service credit). If
the bill is not enacted by June 30, 2010, the amount provided in this
subsection shall lapse.
(9) $31,000 of the department of retirement systems expense
account--state appropriation is provided solely to implement Engrossed
House Bill No. 2519 (public safety death benefits). If the bill is not
enacted by June 30, 2010, the amount provided in this subsection shall
lapse.
Sec. 136 2010 c 3 s 108 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF REVENUE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($108,215,000))
$109,472,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($106,995,000))
$112,319,000
Timber Tax Distribution Account -- State
Appropriation . . . . . . . . . . . . (($5,904,000))
$5,933,000
Waste Reduction/Recycling/Litter
Control -- State Appropriation . . . . . . . . . . . . $130,000
Waste Tire Removal Account -- State Appropriation . . . . . . . . . . . . $2,000
Real Estate Excise Tax Grant Account -- State
Appropriation . . . . . . . . . . . . (($1,050,000))
$3,429,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $87,000
Oil Spill Prevention Account -- State Appropriation . . . . . . . . . . . . $19,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($222,402,000))
$231,391,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $469,000 of the general fund--state appropriation for fiscal
year 2010 and $374,000 of the general fund--state appropriation for
fiscal year 2011 are for the implementation of Substitute Senate Bill
No. 5368 (annual property revaluation). If the bill is not enacted by
June 30, 2009, the amounts in this subsection shall lapse.
(2) $4,653,000 of the general fund--state appropriation for fiscal
year 2010 and (($4,424,000)) $4,242,000 of the general fund--state
appropriation for fiscal year 2011 are for the implementation of
revenue enhancement strategies. The strategies must include increased
out-of-state auditing and compliance, the purchase of third party data
sources for enhanced audit selection, and increased traditional
auditing and compliance efforts.
(3) $3,127,000 of the general fund--state appropriation for fiscal
year 2010 and $1,737,000 of the general fund--state appropriation for
fiscal year 2011 are for the implementation of Senate Bill No. 6173
(sales tax compliance). If the bill is not enacted by June 30, 2009,
the amounts provided in this subsection shall lapse.
(4) $1,294,000 of the general fund--state appropriation for fiscal
year 2010 and $3,085,000 of the general fund--state appropriation for
fiscal year 2011 are for the implementation of Second Engrossed
Substitute Senate Bill No. 6143 (excise tax law modifications). If the
bill is not enacted by June 30, 2010, the amounts provided in this
subsection shall lapse.
(5) $163,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely to implement Substitute Senate Bill No.
6846 (enhanced 911 services). If the bill is not enacted by June 30,
2010, the amount provided in this subsection shall lapse.
(6) $1,200,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for making the necessary preparations for
implementation of the working families tax exemption pursuant to RCW
82.08.0206 in 2012.
Sec. 137 2009 c 564 s 138 (uncodified) is amended to read as
follows:
FOR THE STATE INVESTMENT BOARD
State Investment Board Expense Account -- State
Appropriation . . . . . . . . . . . . (($29,581,000))
$29,352,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $2,471,000 of the state investment board expense account--state
appropriation is provided solely for development of a risk management
information system, with the intent that further expenditures for this
project be made only by appropriation.
(2) The state investment board shall include funding for any future
salary increases authorized under RCW 43.33A.100 in the agency's budget
request submitted in accordance with chapter 43.88 RCW in advance of
granting related salary increases. The biennial salary survey required
under RCW 43.33A.100 shall also be provided to the office of financial
management and to the fiscal committees of the legislature as part of
the state investment board's biennial budget submittal, and shall
include the total amount of compensation increases proposed, as well as
recommended salary ranges.
Sec. 138 2010 c 3 s 109 (uncodified) is amended to read as
follows:
FOR THE BOARD OF TAX APPEALS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($1,342,000))
$1,346,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,346,000))
$1,318,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,688,000))
$2,664,000
Sec. 139 2009 c 564 s 140 (uncodified) is amended to read as
follows:
FOR THE MUNICIPAL RESEARCH COUNCIL
County Research Services Account -- State Appropriation . . . . . . . . . . . . (($940,000))
$471,000
City and Town Research Services -- State
Appropriation . . . . . . . . . . . . (($4,515,000))
$2,258,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($5,455,000))
$2,729,000
Sec. 140 2009 c 564 s 141 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
OMWBE Enterprises Account -- State Appropriation . . . . . . . . . . . . (($3,622,000))
$3,674,000
Sec. 141 2009 c 564 s 142 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $815,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($811,000))
$3,963,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($5,738,000))
$2,956,000
Building Code Council Account--State
Appropriation . . . . . . . . . . . . $593,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $84,000
General Administration Service Account -- State
Appropriation . . . . . . . . . . . . (($35,044,000))
$31,748,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($42,408,000))
$40,159,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $28,000 of the general fund--state appropriation for fiscal
year 2010 and $28,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the purposes of section 8 of
Engrossed Second Substitute Senate Bill No. 5854 (built environment
pollution). If section 8 of the bill is not enacted by June 30, 2009,
the amounts provided in this subsection shall lapse.
(2) $3,545,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the payment of facilities and services
charges, utilities and contracts charges, public and historic
facilities charges, and capital projects surcharges allocable to the
senate, house of representatives, statute law committee, and joint
legislative systems committee. The department shall allocate charges
attributable to these agencies among the affected revolving funds. The
department shall enter into an interagency agreement with these
agencies by July 1, 2010, to establish performance standards,
prioritization of preservation and capital improvement projects, and
quality assurance provisions for the delivery of services under this
subsection. The agencies named in this subsection shall continue to
enjoy all of the same rights of occupancy, support, and space use on
the capitol campus as historically established.
(3) $84,000 of the general fund--private/local appropriation and
$593,000 of the building code council account--state appropriation are
provided solely to implement Engrossed Second Substitute House Bill No.
2658 (refocusing the department of commerce, including transferring
programs). If the bill is not enacted by June 30, 2010, the amounts
provided in this subsection shall lapse.
Sec. 142 2010 c 3 s 110 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF INFORMATION SERVICES
General Fund--State Appropriation (FY 2010) . . . . . . . . . . . . $1,086,000
General Fund--State Appropriation (FY 2011) . . . . . . . . . . . . (($1,086,000))
$1,080,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $701,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $178,000
Data Processing Revolving Account -- State
Appropriation . . . . . . . . . . . . (($7,824,000))
$7,601,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($10,697,000))
$10,646,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $100,000 of the general fund--state appropriation for fiscal
year 2010 and $100,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the purposes of Engrossed
Second Substitute House Bill No. 1701 (high-speed internet), including
expenditure for deposit to the community technology opportunity
account. If the bill is not enacted by June 30, 2009, the amounts
provided in this subsection shall lapse.
(2) The department shall implement some or all of the following
strategies to achieve savings on information technology expenditures
through: (a) Holistic virtualization strategies; (b) wide-area network
optimization strategies; (c) replacement of traditional telephone
communications systems with alternatives; and (d) migration of external
voice mail systems to internal voice mail systems coordinated by the
department. The department shall report to the office of financial
management and the fiscal committees of the legislature semiannually on
progress made towards the implementation of savings strategies and the
savings realized to date. No later than June 30, 2011, the department
shall submit a final report on its findings and savings realized to the
office of financial management and the fiscal committees of the
legislature.
(3) $178,000 of the general fund--private/local appropriation is
provided solely for the implementation of the opportunity portal under
Second Substitute House Bill No. 2782 (security lifeline act). If the
bill is not enacted by June 30, 2010, the amount provided in this
subsection shall lapse.
(4) Appropriations in this section include amounts sufficient to
implement Engrossed Substitute House Bill No. 3178 (technology
efficiencies).
Sec. 143 2009 c 564 s 144 (uncodified) is amended to read as
follows:
FOR THE INSURANCE COMMISSIONER
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,943,000))
$1,939,000
Insurance Commissioners Regulatory Account -- State
Appropriation . . . . . . . . . . . . (($47,978,000))
$48,452,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($49,921,000))
$50,391,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $410,000 of the insurance commissioner's regulatory account
appropriation is provided solely to implement Substitute Senate Bill
No. 5480 (discount health plans). If the bill is not enacted by June
30, 2009, the amount provided in this subsection shall lapse.
(2) $598,000 of the insurance commissioner's regulatory account
appropriation is provided solely to implement Substitute Senate Bill
No. 5195 (life settlements model act). If the bill is not enacted by
June 30, 2009, the amount provided in this subsection shall lapse.
(3) $551,000 of the insurance commissioner's regulatory account
appropriation is provided solely to implement Second Substitute Senate
Bill No. 5346 (health care administration simplification). If the bill
is not enacted by June 30, 2009, the amount provided in this subsection
shall lapse.
(4) $40,000 of the insurance commissioner's regulatory account
appropriation is to implement Engrossed Substitute House Bill No. 2560
(joint underwriting associations).
(5) $227,000 of the insurance commissioner's regulatory account
appropriation is provided solely to implement Engrossed Substitute
House Bill No. 1714 (association health plans).
Sec. 144 2009 c 564 s 145 (uncodified) is amended to read as
follows:
FOR THE BOARD OF ACCOUNTANCY
Certified Public Accountants' Account -- State
Appropriation . . . . . . . . . . . . (($3,016,000))
$3,649,000
The appropriation in this section is subject to the following
conditions and limitations: $150,000 of the certified public
accountants' account appropriation is provided solely for the board to
contract with a consultant or consultants to conduct an independent
investigation. Each consultant must be a governmental entity or an
independent firm of legal consultants. Each consultant must be
familiar with the administrative procedure act, chapter 34.05 RCW. The
consultant or consultants shall produce a report that includes, but is
not limited to, an evaluation of the efficiency and effectiveness of
the board's practices, policies, and procedures, and an evaluation of
the efficacy, economy, and accountability of merging the board into the
department of licensing. The consultant or consultants shall deliver
a report to the appropriate committees of the legislature on or before
December 1, 2010.
Sec. 145 2009 c 564 s 147 (uncodified) is amended to read as
follows:
FOR THE HORSE RACING COMMISSION
Horse Racing Commission Operating Account -- State
Appropriation . . . . . . . . . . . . (($5,123,000))
$4,830,000
The appropriation in this section is subject to the following
conditions and limitations: Pursuant to RCW 43.135.055, the commission
is authorized to increase licensing fees during the 2009-2011 fiscal
biennium as necessary to support the appropriation in this section.
Sec. 146 2009 c 564 s 148 (uncodified) is amended to read as
follows:
FOR THE LIQUOR CONTROL BOARD
Liquor Control Board Construction and Maintenance
Account -- State Appropriation . . . . . . . . . . . . $8,817,000
Liquor Revolving Account -- State Appropriation . . . . . . . . . . . . (($200,506,000))
$156,580,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($209,323,000))
$165,397,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,306,000 of the liquor revolving account--state appropriation
is provided solely for the liquor control board to open five new state
stores.
(2) $40,000 of the liquor revolving account--state appropriation is
provided solely for the liquor control board to open ten new contract
stores.
(3) $3,059,000 of the liquor revolving account--state appropriation
is provided solely for the liquor control board to increase state and
local revenues from new retail strategies including opening nine state
stores on Sunday, opening state liquor stores on seven holidays,
opening six mall locations during the holiday season, and increasing
lottery sales.
(4) $173,000 of the liquor revolving account--state appropriation
is provided solely for the Engrossed House Bill No. 2040 (beer and wine
regulation commission). If the bill is not enacted by June 30, 2009,
the amount provided in this subsection shall lapse.
(5) $130,000 of the liquor revolving account appropriation is
provided to implement chapter 141, Laws of 2010 (SSB 6329).
(6) Within the amounts appropriated in this section, the liquor
control board shall monitor the tasting endorsement authorized by
chapter 141, Laws of 2010 (SSB 6329) and report to the appropriate
committees of the legislature by June 30, 2011, on the enforcement of
the endorsement. The report must include the number of compliance
checks conducted by the liquor board during tasting activities, whether
the checks were conducted with the knowledge of the licensee, the
number of compliance checks passed, the number and type of notices of
violation issued, the penalties imposed for the violations, the number
of complaints received about tasting activities, and other information
related to the enforcement of the endorsement. If the bill is not
enacted by June 30, 2010, the requirements of this subsection shall be
null and void.
(7) The board shall prepare a plan to transition selected state
liquor stores to contract stores. The plan must identify stores for
transition that the board determines will result in the greatest
efficiency and cost-effectiveness for the state. The plan must provide
for the conversion of at least twenty state liquor stores to contract
liquor stores and for that conversion to occur between July 1, 2011,
and July 1, 2013. The plan must also include an analysis of the
revenue generating capacity and costs for the stores before and after
the conversion as well as an analysis of access to liquor by
intoxicated and underage persons. The board shall submit the plan to
the appropriate policy and fiscal committees of the legislature by
November 1, 2010.
Sec. 147 2009 c 564 s 150 (uncodified) is
amended to read as
follows:
FOR THE UTILITIES AND TRANSPORTATION COMMISSION
General Fund--Federal Appropriation . . . . . . . . . . . . $267,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $5,547,000
Public Service Revolving Account -- State
Appropriation . . . . . . . . . . . . (($31,306,000))
$31,200,000
Pipeline Safety Account -- State Appropriation . . . . . . . . . . . . (($3,194,000))
$3,187,000
Pipeline Safety Account -- Federal Appropriation . . . . . . . . . . . . (($1,536,000))
$1,518,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($36,036,000))
$41,719,000
The appropriations in this section are subject to the following
conditions and limitations: Pursuant to RCW 43.135.055, the commission
is authorized to increase solid waste regulatory fees to the extent
necessary to raise $100,000 in fiscal year 2011 for enforcement
activities under RCW 81.77.080.
Sec. 148 2010 c 3 s 111 (uncodified) is amended to read as
follows:
FOR THE MILITARY DEPARTMENT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($10,084,000))
$9,350,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($10,190,000))
$8,874,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($149,101,000))
$168,599,000
Enhanced 911 Account -- State Appropriation . . . . . . . . . . . . (($39,598,000))
$44,508,000
Disaster Response Account -- State Appropriation . . . . . . . . . . . . (($28,194,000))
$28,350,000
Disaster Response Account -- Federal Appropriation . . . . . . . . . . . . (($91,263,000))
$114,496,000
Military Department Rent and Lease Account -- State
Appropriation . . . . . . . . . . . . (($615,000))
$612,000
Military Department Active State Service Account -- Federal
Appropriation . . . . . . . . . . . . (($200,000))
$592,000
Worker and Community Right-to-Know Account -- State
Appropriation . . . . . . . . . . . . $341,000
Nisqually Earthquake Account -- State Appropriation . . . . . . . . . . . . (($144,000))
$307,000
Nisqually Earthquake Account -- Federal Appropriation . . . . . . . . . . . . (($856,000))
$1,067,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($330,586,000))
$377,096,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) (($28,194,000)) $28,326,000 of the disaster response account -- state appropriation and (($91,263,000)) $114,496,000 of the disaster
response account -- federal appropriation may be spent only on disasters
declared by the governor and with the approval of the office of
financial management. The military department shall submit a report
((quarterly)) to the office of financial management and the legislative
fiscal committees on October 1st and February 1st of each year
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 2009-2011 biennium based on current
revenue and expenditure patterns.
(2) (($144,000)) $307,000 of the Nisqually earthquake account -- state appropriation and (($856,000)) $1,067,000 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 on October 1st and February 1st of each year
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 2009-2011 biennium based on current revenue
and expenditure patterns.
(3) $85,000,000 of the general fund -- federal appropriation is
provided solely for homeland security, subject to the following
conditions:
(a) Any communications equipment purchased by local jurisdictions
or state agencies shall be consistent with standards set by the
Washington state interoperability executive committee; and
(b) The department shall submit ((a quarterly)) an annual 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 the state; and 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; and)).
(c) The department shall submit a report by December 1st of each
year to the office of financial management and the legislative fiscal
committees detailing homeland security revenues and expenditures for
the previous fiscal year by county and legislative district
(4) $500,000 of the general fund--state appropriation for fiscal
year 2010 ((and $500,000 of the general fund--state appropriation for
fiscal year 2011 are)) is provided solely for the military department
to contract with the Washington information network 2-1-1 to operate a
statewide 2-1-1 system. The department shall provide the entire amount
for 2-1-1 and ((shall)) may not use any of the funds for administrative
purposes.
Sec. 149 2009 c 564 s 149 (uncodified) is amended to read as
follows:
FOR THE BOARD FOR VOLUNTEER FIREFIGHTERS
Volunteer Firefighters' and Reserve Officers'
Administrative Account -- State Appropriation . . . . . . . . . . . . (($1,044,000))
$1,052,000
Sec. 150 2009 c 564 s 152 (uncodified) is amended to read as
follows:
FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($3,128,000))
$2,667,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($3,130,000))
$2,635,000
Higher Education Personnel Services Account--State
Appropriation . . . . . . . . . . . . $250,000
Department of Personnel Service Account -- State
Appropriation . . . . . . . . . . . . (($3,290,000))
$3,263,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($9,548,000))
$8,815,000
The appropriations in this section are subject to the following
conditions and limitations: $50,000 of the general fund--state
appropriation for fiscal year 2011 is provided solely for
implementation of Engrossed Substitute Senate Bill No. 6726 (language
access provider bargaining).
Sec. 151 2010 c 3 s 112 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,371,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,349,000))
$1,382,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,653,000))
$2,293,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $14,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,387,000))
$5,060,000
The appropriations in this section are subject to the following
conditions and limitations: $44,000 of the general fund--state
appropriation for fiscal year 2011 is provided for implementation of
Substitute House Bill No. 2704 (Washington main street program). If
the bill is not enacted by June 30, 2010, the amount provided in this
subsection shall lapse.
Sec. 152 2010 c 3 s 113 (uncodified) is amended to read as
follows:
FOR THE GROWTH MANAGEMENT HEARINGS BOARD
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($1,623,000))
$1,642,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,549,000))
$1,424,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,172,000))
$3,066,000
The appropriations in this section are subject to the following
conditions and limitations: $13,000 of the general fund--state
appropriation for fiscal year 2011 is provided solely for Substitute
House Bill No. 2935 (hearings boards/environment and land use). If the
bill is not enacted by June 30, 2010, the amount provided in this
subsection shall lapse.
Sec. 153 2009 c 564 s 155 (uncodified) is amended to read as
follows:
FOR THE STATE CONVENTION AND TRADE CENTER
State Convention and Trade Center Account -- State
Appropriation . . . . . . . . . . . . $60,127,000
State Convention and Trade Center Operating
Account -- State Appropriation . . . . . . . . . . . . (($56,995,000))
$56,694,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($117,122,000))
$116,821,000
*Sec. 201 2009 c 564 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) 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.
(4) The department 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, nor expand beyond one county, during the
2009-2011 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 project, times the number of clients enrolled in the pilot
project. 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.
(5)(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, 2010, unless
specifically prohibited by this act, the department may transfer
general fund--state appropriations for fiscal year 2010 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 (b) of this
subsection.
(b) To the extent that transfers under (a) of this subsection are
insufficient to fund actual expenditures in excess of fiscal year 2010
caseload forecasts and utilization assumptions in the medical
assistance, long-term care, foster care, adoptions support, and child
support programs, the department may transfer state moneys that are
provided solely for a specified purpose. The department shall not
transfer funds, and the director of financial management shall not
approve the transfer, unless the transfer is consistent with the
objective of conserving, to the maximum extent possible, the
expenditure of state funds. The director of financial management shall
notify the appropriate fiscal committees of the senate and house of
representatives in writing seven days prior to approving any allotment
modifications or transfers under this subsection. The written
notification shall include a narrative explanation and justification of
the changes, along with expenditures and allotments by budget unit and
appropriation, both before and after any allotment modifications or
transfers.
(6) The legislature finds that medicaid payment rates, as
calculated by the department pursuant to the appropriations in this
act, bear a reasonable relationship to the costs incurred by
efficiently and economically operated facilities for providing quality
services and will be sufficient to enlist enough providers so that care
and services are available to the extent that such care and services
are available to the general population in the geographic area. The
legislature finds that cost reports, payment data from the federal
government, historical utilization, economic data, and clinical input
constitute reliable data upon which to determine the payment rates.
(7) With the objective of improving and enhancing the efficiency
and effectiveness of the audit and oversight program, the department
shall identify streamlining opportunities in the areas described in (a)
through (d) of this subsection. The goals of these activities are to
leverage department resources to better fulfill the obligations of all
aspects of audit and oversight programs in an era of resource
constraints and to assure that the burden of audits and other oversight
activities on the state's businesses, organizations, and individuals is
as minimal as practical.
(a) The department shall complete an assessment of expanding the
use of technology and automated data matches for identification and
recovery of third party resources, including data matches with pharmacy
benefit managers (PBM). The department shall submit a report to the
governor and the relevant fiscal and policy committees of the
legislature by September 1, 2010, that identifies resources needed to
implement the enhanced data matching capability and the actions and
timelines necessary for implementation of automated production data
matching capability.
(b) The department shall complete a comprehensive review of
multiple licensing and certification reviews, onsite surveys, and
contract oversight obligations that require provider site visits or
require provider response. The department shall identify all related
oversight and review activities and identify opportunities for
consolidation of multiple clinical and business management review
activities as appropriate with a view to minimizing the cost of both
conducting and receiving the audits or other review or oversight
activities.
(c) The department shall expand its provider audit capacity through
its provider one payment system. The department shall identify
medicaid payment system enhancements that will maximize new technical
capabilities. The department shall explore new technical capabilities
of its fraud and abuse detection system to identify more efficient ways
to correlate audit efforts to the levels of risk and materiality.
Results of focused audits must be used to enhance educational
materials. The department shall report to the governor and legislature
by December 1, 2010, on the status of developing this audit capacity.
(d) The department shall conduct a review and assessment of audit
processes and timeframes. The department shall review audit outcomes
from the past three fiscal years and will concentrate on identifying
opportunities to shorten timeframes between the various stages of an
audit, including the letter of intent to audit, records collection to
issuance of the draft audit, dispute resolution activities, issuance of
the final audit, and administrative hearings. The department shall
initiate a provider outreach and education program to include
communication materials that clearly identify expectations of the
department and the provider being audited. The department must develop
and publish an orientation to medicaid audits publication by October 1,
2010, that includes audit requirements, expectations of providers and
the department, and associated timelines. The department shall report
to the governor and relevant policy and fiscal committees of the
legislature by December 1, 2010, on the status of these activities.
*Sec. 201 was partially vetoed. See message at end of chapter.
Sec. 202 2010 c 3 s 201 (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 2010) . . . . . . . . . . . . (($314,698,000))
$315,002,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($316,181,000))
$306,947,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($494,889,000))
$506,248,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($828,000))
$3,320,000
Home Security Fund Appropriation . . . . . . . . . . . . (($8,389,000))
$10,183,000
Domestic Violence Prevention Account--State
Appropriation . . . . . . . . . . . . $1,154,000
Education Legacy Trust Account--State Appropriation . . . . . . . . . . . . $725,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,136,864,000))
$1,143,579,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) (($5,563,000 of the general fund--state appropriation for
fiscal year 2010 and $5,563,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for intensive
family preservation services as defined in RCW 74.14C.010 and for
evidence-based services that prevent out-of-home placement and reduce
length of stay in the child welfare system.)) $937,000 of the general fund--state appropriation
for fiscal year 2010 and ((
(2) $993,000$993,000)) $742,000 of the general fund--state appropriation for fiscal year 2011 are provided solely to
contract for the operation of one pediatric interim care facility. The
facility shall provide residential care for up to ((seventeen))
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)) (2) $369,000 of the general fund--state
appropriation for fiscal year 2010, (($375,000)) $366,000 of the
general fund--state appropriation for fiscal year 2011, and
(($322,000)) $316,000 of the general fund--federal appropriation are
provided solely for up to three nonfacility-based programs for the
training, consultation, support, and recruitment of biological, foster,
and adoptive parents of children through age three in need of special
care as a result of substance abuse by their mothers, except that each
program may serve up to three medically fragile nonsubstance-abuse-affected children. In selecting nonfacility-based programs, preference
shall be given to programs whose federal or private funding sources
have expired or that have successfully performed under the existing
pediatric interim care program.
(((4))) (3) $2,500,000 of the general fund--state appropriation for
fiscal year 2010 and (($2,500,000)) $93,000 of the general fund--state
appropriation for fiscal year 2011, and $2,407,000 of the home security
fund--state appropriation are provided solely for secure crisis
residential centers. Within appropriated amounts, the department shall
collaborate with providers to maintain no less than forty-five beds
that are geographically representative of the state. The department
shall examine current secure crisis residential staffing requirements,
flexible payment options, center specific waivers, and other
appropriate methods to accomplish this outcome.
(((5))) (4) A maximum of (($76,831,000)) $73,209,000 of the general
fund--state appropriations and (($56,901,000)) $54,596,000 of the
general fund--federal appropriations for the 2009-11 biennium shall be
expended for behavioral rehabilitative services and these amounts are
provided solely for this purpose. The department shall work with
behavioral rehabilitative service providers to safely keep youth with
emotional, behavioral, or medical needs at home, with relatives, or
with other permanent placement resources and decrease the length of
((stay)) service through improved emotional, behavioral, or medical
outcomes for children in behavioral rehabilitative services in order to
achieve the appropriated levels.
(a) Contracted providers shall act in good faith and accept the
hardest to ((place)) serve children, to the greatest extent possible,
in order to improve their emotional, behavioral, or medical conditions.
(b) The department and the contracted provider shall mutually agree
and establish an exit date for when the child is to exit the behavioral
rehabilitative service provider. The department and the contracted
provider should mutually agree, to the greatest extent possible, on a
viable placement for the child to go to once the child's treatment
process has been completed. The child shall exit only when the
emotional, behavioral, or medical condition has improved or if the
provider has not shown progress toward the outcomes specified in the
signed contract at the time of exit. This subsection (b) does not
prevent or eliminate the department's responsibility for removing the
child from the provider if the child's emotional, behavioral, or
medical condition worsens or is threatened.
(c) The department is encouraged to use performance-based contracts
with incentives directly tied to outcomes described in this section.
The contracts should incentivize contracted providers to accept the
hardest to ((place)) serve children and incentivize improvement in
children's emotional, mental, and medical well-being within the
established exit date. The department is further encouraged to
increase the use of behavioral rehabilitative service group homes, wrap
around services to facilitate and support placement of youth at home
with relatives, or other permanent resources, and other means to
control expenditures.
(d) The total foster care per capita amount shall not increase more
than four percent in the 2009-11 biennium and shall not include
behavioral rehabilitative service.
(((6))) (5) Within amounts 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.
(((7) Within amounts appropriated in this section,)) (6)
$14,460,000 of the general fund--state appropriation for fiscal year
2011 and $6,231,000 of the general fund--federal appropriation are
provided solely for the department to provide contracted prevention and
early intervention services. The legislature recognizes the need for
flexibility as the department transitions to performance-based
contracts. The following services are included in the prevention and
early intervention block grant: Crisis family intervention services,
family preservation services, intensive family preservation services,
evidence-based programs, public health nurses, and early family support
services. The legislature intends for the department to maintain and
build on existing evidence-based and research-based programs with the
goal of utilizing contracted prevention and intervention services to
keep children safe at home and to safely reunify families. Priority
shall be given to proven intervention models, including evidence-based
prevention and early intervention programs identified by the Washington
state institute for public policy and the department. The department
shall include information on the number, type, and outcomes of the
evidence-based programs being implemented in its reports on child
welfare reform efforts and shall provide the legislature and governor
a report regarding the allocation of resources in this subsection by
September 30, 2010. The department shall expend federal funds under
this subsection in compliance with federal regulations.
(((8) $37,000)) (7) $36,000 of the general fund--state
appropriation for fiscal year 2010, (($37,000)) $36,000 of the general
fund--state appropriation for fiscal year 2011, and (($32,000)) $31,000
of the general fund--federal appropriation are provided solely for the
implementation of chapter 465, Laws of 2007 (child welfare).
(((9))) (8) $125,000 of the general fund--state appropriation for
fiscal year 2010 and $125,000 of the general fund--state appropriation
for fiscal year 2011 are provided solely for continuum of care
services. $100,000 of this amount is for Casey family partners and
$25,000 of this amount is for volunteers of America crosswalk in fiscal
year 2010. $100,000 of this amount is for Casey family partners and
$25,000 of this amount is for volunteers of America crosswalk in fiscal
year 2011.
(((10) $616,000)) (9) $1,904,000 of the general fund--state
appropriation for fiscal year 2010, (($616,000)) $1,832,000 of the
general fund--state appropriation for fiscal year 2011, and
(($368,000)) $357,000 of the general fund--federal appropriation are
provided solely to contract with medical professionals for
comprehensive safety assessments of high-risk families and for foster
care assessments. The safety assessments will use validated assessment
tools to guide intervention decisions through the identification of
additional safety and risk factors. (($800,000 of this amount is for))
The department will maintain the availability of comprehensive foster
care assessments and follow up services for children in out-of-home
care who do not have permanent plans, comprehensive safety assessments
for families receiving in-home child protective services or family
voluntary services((. $800,000 of this amount is for)), and
comprehensive safety assessments ((of)) for families with an infant age
birth to fifteen days where the infant was, at birth, diagnosed as
substance exposed and the department received an intake referral
related to the infant due to the substance exposure. The department
must consolidate contracts, streamline administration, and explore
efficiencies to achieve savings.
(((11) $7,970,000)) (10) $7,679,000 of the general fund--state
appropriation for fiscal year 2010, (($7,711,000)) $6,643,000 of the
general fund--state appropriation for fiscal year 2011, and
(($5,177,000)) $4,971,000 of the general fund--federal appropriation
are provided solely for court-ordered supervised visits between parents
and dependent children and for sibling visits. The department shall
work collaboratively with the juvenile dependency courts and revise the
supervised visit reimbursement procedures to stay within appropriations
without impeding reunification outcomes between parents and dependent
children. The department shall report to the legislative fiscal
committees ((quarterly)) on September 30, 2010, and December 30, 2010,
the number of children in foster care who receive supervised visits,
their frequency, length of time of each visit, and whether
reunification is attained.
(((12) $1,789,000)) (11) $145,000 of the general fund--state
appropriation for fiscal year 2010, $871,000 of the general fund--state
appropriation for fiscal year 2011, and $773,000 of the home security
fund--state appropriation is provided solely for street youth program
services.
(((13) $1,584,000)) (12) $1,522,000 of the general fund--state
appropriation for fiscal year 2010, (($1,584,000)) $1,340,000 of the
general fund--state appropriation for fiscal year 2011, and
(($1,586,000)) $1,464,000 of the general fund--federal appropriation
are provided solely for the department to recruit foster parents. The
recruitment efforts shall include collaborating with community-based
organizations and current or former foster parents to recruit foster
parents.
(((14))) (13) $493,000 of the general fund--state appropriation for
fiscal year 2010, $303,000 of the general fund--state appropriation for
fiscal year 2011, $466,000 of the general fund--private/local
appropriation, and $725,000 of the education legacy trust account--
state appropriation ((is)) are provided solely for children's
administration to contract with an educational advocacy provider with
expertise in foster care educational outreach. Funding is provided
solely for contracted education coordinators to assist foster children
in succeeding in K-12 and higher education systems. Funding shall be
prioritized to regions with high numbers of foster care youth and/or
regions where backlogs of youth that have formerly requested
educational outreach services exist. The department shall utilize
private matching funds to maintain educational advocacy services.
(((15) $1,300,000)) (14) $1,677,000 of the home security fund
account--state appropriation is provided solely for HOPE beds.
(((16) $5,300,000)) (15) $5,193,000 of the home security fund
account--state appropriation is provided solely for the crisis
residential centers.
(((17))) (16) The appropriations in this section reflect reductions
in the appropriations for the children's administration administrative
expenses. It is the intent of the legislature that these reductions
shall be achieved, to the greatest extent possible, by reducing those
administrative costs that do not affect direct client services or
direct service delivery or programs.
(((18))) (17) Within the amounts appropriated in this section, the
department shall contract for a pilot project with family and community
networks in Whatcom county and up to four additional counties to
provide services. The pilot project shall be designed to provide a
continuum of services that reduce out-of-home placements and the
lengths of stay for children in out-of-home placement. The department
and the community networks shall collaboratively select the additional
counties for the pilot project and shall collaboratively design the
contract. Within the framework of the pilot project, the contract
shall seek to maximize federal funds. The pilot project in each county
shall include the creation of advisory and management teams which
include members from neighborhood-based family advisory committees,
residents, parents, youth, providers, and local and regional department
staff. The Whatcom county team shall facilitate the development of
outcome-based protocols and policies for the pilot project and develop
a structure to oversee, monitor, and evaluate the results of the pilot
projects. The department shall report the costs and savings of the
pilot project to the appropriate committees of the legislature by
November 1 of each year.
(((19))) (18) $157,000 of the general fund--state appropriation for
fiscal year 2010 and $157,000 of the general fund--state appropriation
for fiscal year 2011 are provided solely for the department to contract
with a nonprofit entity for a reunification pilot project in Whatcom
and Skagit counties. The contract for the reunification pilot project
shall include a rate of $46.16 per hour for evidence-based
interventions, in combination with supervised visits, to provide 3,564
hours of services to reduce the length of stay for children in the
child welfare system. The contract shall also include evidence-based
intensive parenting skills building services and family support case
management services for 38 families participating in the reunification
pilot project. The contract shall include the flexibility for the
nonprofit entity to subcontract with trained providers.
(((20))) (19) $303,000 of the general fund--state appropriation for
fiscal year 2010, $418,000 of the general fund--state appropriation for
fiscal year 2011, and $257,000 of the general fund--federal
appropriation are provided solely to implement Engrossed Substitute
House Bill No. 1961 (increasing adoptions act). If the bill is not
enacted by June 30, 2009, the amounts provided in this subsection shall
lapse.
(((21) $100,000)) (20) $98,000 of the general fund--state
appropriation for fiscal year 2010 and (($100,000)) $98,000 of the
general fund--state appropriation for fiscal year 2011 are provided
solely for the department to contract with an agency that is working in
partnership with, and has been evaluated by, the University of
Washington school of social work to implement promising practice
constellation hub models of foster care support.
(((22))) (21) The legislature intends for the department to reduce
the time a child remains in the child welfare system. The department
shall establish a measurable goal and report progress toward meeting
that goal to the legislature by January 15 of each fiscal year of the
2009- 11 fiscal biennium. To the extent that actual caseloads exceed
those assumed in this section, it is the intent of the legislature to
address those issues in a manner similar to all other caseload
programs.
(22) $715,000 of the general fund--state appropriation for fiscal
year 2010 and $715,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for services provided through
children's advocacy centers.
(23) $11,000 of the general fund--state appropriation for fiscal
year 2011 and $3,000 of the general fund--federal appropriation are
provided solely for implementation of chapter 224, Laws of 2010
(confinement alternatives). If the bill is not enacted by June 30,
2010, the amounts provided in this subsection shall lapse.
(24) $1,867,000 of the general fund--state appropriation for fiscal
year 2010, $1,790,000 of the general fund--state appropriation for
fiscal year 2011, and $4,673,000 of the general fund--federal
appropriation are provided solely for the department to contract for
medicaid treatment child care (MTCC) services. Children's
administration case workers, local public health nurses and case
workers from the temporary assistance for needy families program shall
refer children to MTCC services, as long as the children meet the
eligibility requirements as outlined in the Washington state plan for
the MTCC services.
(25) The department shall contract for at least one pilot project
with adolescent services providers to deliver a continuum of short-term
crisis stabilization services. The pilot project shall include
adolescent services provided through secure crisis residential centers,
crisis residential centers, and hope beds. The department shall work
with adolescent service providers to maintain availability of
adolescent services and maintain the delivery of services in a
geographically representative manner. The department shall examine
current staffing requirements, flexible payment options, center-specific licensing waivers, and other appropriate methods to achieve
savings and streamline the delivery of services. The legislature
intends for the pilot project to provide flexibility to the department
to improve outcomes and to achieve more efficient utilization of
existing resources, while meeting the statutory goals of the adolescent
services programs. The department shall provide an update to the
appropriate legislative committees and governor on the status of the
pilot project implementation by December 1, 2010.
(26) To ensure expenditures remain within available funds
appropriated in this section as required by RCW 74.13A.005 and
74.13A.020, the secretary shall not set the amount of any adoption
assistance payment or payments, made pursuant to RCW 26.33.320 and
74.13A.005 through 74.13A.080, to more than ninety percent of the
foster care maintenance payment for that child had he or she remained
in a foster family home during the same period. This subsection does
not apply to adoption assistance agreements in existence on the
effective date of this section.
(27) Receipts from fees per chapter 289, Laws of 2010, as deposited
into the prostitution prevention and intervention account for services
provided to sexually exploited children as defined in RCW 13.32A.030 in
secure and semi-secure crisis residential centers with access to staff
trained to meet their specific needs shall be used to expand capacity
for secure crisis residential centers and not supplant existing
funding.
Sec. 203 2010 c 3 s 202 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- JUVENILE
REHABILITATION PROGRAM
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($104,185,000))
$103,437,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($92,392,000))
$97,761,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($6,565,000))
$1,715,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($1,900,000))
$1,899,000
Washington Auto Theft Prevention Authority Account--
State Appropriation . . . . . . . . . . . . $3,896,000
Juvenile Accountability Incentive Account -- Federal
Appropriation . . . . . . . . . . . . (($2,801,000))
$2,805,000
State Efficiency and Restructuring Account--State
Appropriation . . . . . . . . . . . . $4,958,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($211,739,000))
$216,471,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $353,000 of the general fund--state appropriation for fiscal
year 2010 and $353,000 of the general fund--state appropriation for
fiscal year 2011 are 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) (($3,578,000)) $3,408,000 of the general fund--state
appropriation for fiscal year 2010 and (($3,578,000)) $2,898,000 of the
general fund--state appropriation for fiscal year 2011 are 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) $3,716,000 of the general fund--state appropriation for fiscal
year 2010 and $3,716,000 of the general fund--state appropriation for
fiscal year 2011 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) (($1,506,000)) $1,427,000 of the general fund--state
appropriation for fiscal year 2010 and (($1,506,000)) $1,206,000 of the
general fund--state appropriation for fiscal year 2011 are 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) $3,066,000 of the general fund--state appropriation for fiscal
year 2010 and $3,066,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for grants to county juvenile
courts for the following programs identified by the Washington state
institute for public policy (institute) in its October 2006 report:
"Evidence-Based Public Policy Options to Reduce Future Prison
Construction, Criminal Justice Costs and Crime Rates": Functional
family therapy, multi-systemic therapy, aggression replacement training
and interagency coordination programs, or other programs with a
positive benefit-cost finding in the institute's report. County
juvenile courts shall apply to the juvenile rehabilitation
administration for funding for program-specific participation and the
administration shall provide grants to the courts consistent with the
per-participant treatment costs identified by the institute.
(6) $1,287,000 of the general fund--state appropriation for fiscal
year 2010 and $1,287,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for expansion of the following
treatments and therapies in juvenile rehabilitation administration
programs identified by the Washington state institute for public policy
in its October 2006 report: "Evidence-Based Public Policy Options to
Reduce Future Prison Construction, Criminal Justice Costs and Crime
Rates": Multidimensional treatment foster care, family integrated
transitions, and aggression replacement training. The administration
may concentrate delivery of these treatments and therapies at a limited
number of programs to deliver the treatments in a cost-effective
manner.
(7)(a) ((For the fiscal year ending June 30, 2010, the juvenile
rehabilitation administration shall administer a block grant, rather
than categorical funding, of consolidated juvenile service funds,
community juvenile accountability act grants, the chemical dependency
disposition alternative funds, the special sex offender disposition
alternative funds, the mental health disposition alternative,
sentencing disposition alternative, and evidence-based program
expansion grants to juvenile courts for the purpose of serving youth
adjudicated in the juvenile justice system. Evidence-based programs,
based on the criteria established by the Washington state institute for
public policy, and disposition alternatives will be funding priorities.
Funds may be used for promising practices when approved by juvenile
rehabilitation administration, based on criteria established in
consultation with Washington state institute for public policy and the
juvenile courts.)) For the fiscal year ending
June 30, 2011, the juvenile rehabilitation administration shall
administer a block grant, rather than categorical funding, of
consolidated juvenile service funds, community juvenile accountability
act grants, the chemical dependency disposition alternative funds, the
mental health disposition alternative, and the sentencing disposition
alternative for the purpose of serving youth adjudicated in the
juvenile justice system. In making the block grant, the juvenile
rehabilitation administration shall follow the following formula and
will prioritize evidence-based programs and disposition alternatives
and take into account juvenile courts program-eligible youth in
conjunction with the number of youth served in each approved evidence-based program or disposition alternative: (i) Thirty-seven and one-half percent for the at-risk population of youth ten to seventeen years
old; (ii) fifteen percent for moderate and high-risk youth; (iii)
twenty-five percent for evidence-based program participation; (iv)
seventeen and one-half percent for minority populations; (v) three
percent for the chemical dependency disposition alternative; and (vi)
two percent for the mental health and sentencing dispositional
alternatives. Funding for the special sex offender disposition
alternative (SSODA) shall not be included in the block grant, but
allocated on the average daily population in juvenile courts. Funding
for the evidence-based expansion grants shall be excluded from the
block grant formula. Funds may be used for promising practices when
approved by the juvenile rehabilitation administration and juvenile
courts, through the community juvenile accountability act committee,
based on the criteria established in consultation with Washington state
institute for public policy and the juvenile courts.
By September 1, 2009, a committee with four members, in
consultation with Washington state institute for public policy, shall
develop a funding formula that takes into account the juvenile courts
average daily population of program eligible youth in conjunction with
the number of youth served in each approved evidence-based program or
disposition alternative. The committee shall have one representative
from the juvenile rehabilitation administration, one representative
from the office of financial management, one representative from the
office of the administrator of the courts, and one representative from
the juvenile courts. Decision making will be by majority rule.
By September 1, 2010, the Washington state institute for public
policy shall provide a report to the office of financial management and
the legislature on the administration of the block grant authorized in
this subsection. The report shall include the criteria used for
allocating the funding as a block grant and the participation targets
and actual participation in the programs subject to the block grant.
(b) By December 1, 2009, the committee established in (a) of this
subsection, in consultation with Washington state institute for public
policy, shall propose to the office of financial management and the
legislature changes in the process of funding and managing, including
accountability and information collection and dissemination, grants to
juvenile courts for serving youth adjudicated in the juvenile court
system use in the fiscal year ending June 30, 2011. The proposal shall
include, but is not limited to: A process of making a block grant of
funds consistent with (a) of this subsection; a program of data
collection and measurement criteria for receiving the funds which will
include targets of the number of youth served in identified evidence-based programs and disposition alternatives in which the juvenile
courts and office of the administrator of the courts will have
responsibility for collecting and distributing information and
providing access to the data systems to the juvenile rehabilitation
administration and the Washington state institute for public policy
related to program and outcome data; and necessary changes to the
Washington administrative code.
(c) Within the funds provided for criminal justice analysis in
section 610(4) of this act, the Washington state institute for public
policy shall conduct an analysis of the costs per participant of
evidence-based programs by the juvenile courts and by December 1, 2009,
shall report the results of this analysis to the juvenile
rehabilitation administration, the juvenile courts, office of the
administrator of the courts, the office of financial management, and
the fiscal committees of the legislature
(b) It is the intent of the legislature that the juvenile
rehabilitation administration phase the implementation of the formula
provided in subsection (1) of this section by including a stop-loss
formula of three percent in fiscal year 2011, five percent in fiscal
year 2012, and five percent in fiscal year 2013. It is further the
intent of the legislature that the evidence-based expansion grants be
incorporated into the block grant formula by fiscal year 2013 and SSODA
remain separate unless changes would result in increasing the cost
benefit savings to the state as identified in (c) of this subsection.
(c) The juvenile rehabilitation administration and the juvenile
courts shall establish a block grant funding formula oversight
committee with equal representation from the juvenile rehabilitation
administration and the juvenile courts. The purpose of this committee
is to assess the ongoing implementation of the block grant funding
formula, utilizing data-driven decision making and the most current
available information. The committee will be cochaired by the juvenile
rehabilitation administration and the juvenile courts, who will also
have the ability to change members of the committee as needed to
achieve its purpose. Initial members will include one juvenile court
representative from the finance committee, the community juvenile
accountability act committee, the risk assessment quality assurance
committee, the executive board of the Washington association of
juvenile court administrators, the Washington state center for court
research, and a representative of the superior court judges
association; two representatives from the juvenile rehabilitation
administration headquarters program oversight staff, two
representatives of the juvenile rehabilitation administration regional
office staff, one representative of the juvenile rehabilitation
administration fiscal staff and a juvenile rehabilitation
administration division director. The committee may make changes to
the formula categories other than the evidence-based program and
disposition alternative categories if it is determined the changes will
increase statewide service delivery or effectiveness of evidence-based
program or disposition alternative resulting in increased cost benefit
savings to the state. Long-term cost benefit must be considered.
Percentage changes may occur in the evidence-based program or
disposition alternative categories of the formula should it be
determined the changes will increase evidence-based program or
disposition alternative delivery and increase the cost benefit to the
state. These outcomes will also be considered in determining when
evidence-based expansion or special sex offender disposition
alternative funds should be included in the block grant or left
separate.
(d) The juvenile courts and administrative office of the courts
shall be responsible for collecting and distributing information and
providing access to the data systems to the juvenile rehabilitation
administration and the Washington state institute for public policy
related to program and outcome data. The juvenile rehabilitation
administration and the juvenile courts will work collaboratively to
develop program outcomes that reinforce the greatest cost benefit to
the state in the implementation of evidence-based practices and
disposition alternatives.
(e) By December 1, 2010, the Washington state institute for public
policy shall report to the office of financial management and
appropriate committees of the legislature on the administration of the
block grant authorized in this subsection. The report shall include
the criteria used for allocating the funding as a block grant and the
participation targets and actual participation in the programs subject
to the block grant.
(8) $3,700,000 of the Washington auto theft prevention authority
account--state appropriation is provided solely for competitive grants
to community-based organizations to provide at-risk youth intervention
services, including but not limited to, case management, employment
services, educational services, and street outreach intervention
programs. Projects funded should focus on preventing, intervening, and
suppressing behavioral problems and violence while linking at-risk
youth to pro-social activities. The department may not expend more
than $1,850,000 per fiscal year. The costs of administration must not
exceed four percent of appropriated funding for each grant recipient.
Each entity receiving funds must report to the juvenile rehabilitation
administration on the number and types of youth served, the services
provided, and the impact of those services upon the youth and the
community.
(9) The appropriations in this section assume savings associated
with the transfer of youthful offenders age eighteen or older whose
sentences extend beyond age twenty-one to the department of corrections
to complete their sentences. Prior to transferring an offender to the
department of corrections, the juvenile rehabilitation administration
shall evaluate the offender to determine the offender's physical and
emotional suitability for transfer.
*Sec. 204 2010 c 3 s 203
(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 2010) . . . . . . . . . . . . (($266,677,000))
$273,648,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($296,619,000))
$278,530,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($463,180,000))
$519,456,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($14,868,000))
$16,674,000
Hospital Safety Net Assessment Fund--State
Appropriation . . . . . . . . . . . . $3,476,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,041,344,000))
$1,091,784,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) $113,689,000 of the general fund--state appropriation for
fiscal year 2010 and $113,689,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for persons and
services not covered by the medicaid program. This is a reduction of
$11,606,000 each fiscal year from the nonmedicaid funding that was
allocated for expenditure by regional support networks during fiscal
year 2009 prior to supplemental budget reductions. This $11,606,000
reduction shall be distributed among regional support networks
proportional to each network's share of the total state population. To
the extent possible, levels of regional support network spending shall
be maintained in the following priority order: (i) Crisis and
commitment services; (ii) community inpatient services; and (iii)
residential care services, including personal care and emergency
housing assistance.
(b) (($16,900,000)) $10,400,000 of the general fund--state
appropriation for fiscal year 2010 ((and $16,900,000)), $9,100,000 of
the general fund--state appropriation for fiscal year 2011, and
$1,300,000 of the general fund--federal appropriation are provided
solely for the department and regional support networks to contract for
implementation of high-intensity program for active community treatment
(PACT) teams((, and other proven program approaches that the department
concurs will enable the regional support network to achieve significant
reductions in the number of beds the regional support network would
otherwise need to use at the state hospitals)). The department shall
work with regional support networks and the center for medicare and
medicaid services to integrate eligible components of the PACT service
delivery model into medicaid capitation rates no later than January
2011, while maintaining consistency with all essential elements of the
PACT evidence-based practice model.
(c) $6,500,000 of the general fund--state appropriation for fiscal
year 2010 and $6,500,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the western Washington
regional support networks to provide either community- or hospital
campus-based services for persons who require the level of care
provided by the program for adaptive living skills (PALS) at western
state hospital.
(d) The number of nonforensic beds allocated for use by regional
support networks at eastern state hospital shall be 192 per day. The
number of nonforensic beds allocated for use by regional support
networks at western state hospital shall be 617 per day during the
first quarter of fiscal year 2010, and 587 per day thereafter. Beds in
the program for adaptive living skills (PALS) are not included in the
preceding bed allocations. The department shall separately charge
regional support networks for persons served in the PALS program.
(((d))) (e) 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.
(((e))) (f) $4,582,000 of the general fund--state appropriation for
fiscal year 2010 and $4,582,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for mental
health services for mentally ill offenders while confined in a county
or city jail and for facilitating access to programs that offer mental
health services upon release from confinement.
(((f))) (g) The department is authorized to continue to contract
directly, rather than through contracts with regional support networks,
for children's long-term inpatient facility services.
(((g))) (h) $750,000 of the general fund--state appropriation for
fiscal year 2010 and $750,000 of the general fund--state appropriation
for fiscal year 2011 are provided solely to continue performance-based
incentive contracts to provide appropriate community support services
for individuals with severe mental illness who were discharged from the
state hospitals as part of the expanding community services initiative.
These funds will be used to enhance community residential and support
services provided by regional support networks through other state and
federal funding.
(((h))) (i) $1,500,000 of the general fund--state appropriation for
fiscal year 2010 and $1,500,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for the Spokane
regional support network to implement services to reduce utilization
and the census at eastern state hospital. Such services shall include:
(i) High intensity treatment team for persons who are high
utilizers of psychiatric inpatient services, including those with co-occurring disorders and other special needs;
(ii) Crisis outreach and diversion services to stabilize in the
community individuals in crisis who are at risk of requiring inpatient
care or jail services;
(iii) Mental health services provided in nursing facilities to
individuals with dementia, and consultation to facility staff treating
those individuals; and
(iv) Services at the sixteen-bed evaluation and treatment facility.
At least annually, the Spokane regional support network shall
assess the effectiveness of these services in reducing utilization at
eastern state hospital, identify services that are not optimally
effective, and modify those services to improve their effectiveness.
(((i))) (j) The department shall return to the Spokane regional
support network fifty percent of the amounts assessed against the
network during the last six months of calendar year 2009 for state
hospital utilization in excess of its contractual limit. The regional
support network shall use these funds for operation during its initial
months of a new sixteen-bed evaluation and treatment facility that will
enable the network to reduce its use of the state hospital, and for
diversion and community support services for persons with dementia who
would likely otherwise require care at the state hospital.
(((j))) (k) The department is directed to identify and implement
program efficiencies and benefit changes in its delivery of medicaid
managed-care services that are sufficient to operate within the state
and federal appropriations in this section. Such actions may include
but are not limited to methods such as adjusting the care access
standards; improved utilization management of ongoing, recurring, and
high-intensity services; and increased uniformity in provider payment
rates. The department shall ensure that the capitation rate
adjustments necessary to accomplish these efficiencies and changes are
distributed uniformly and equitably across all regional support
networks statewide. The department is directed to report to the
relevant legislative fiscal and policy committees at least thirty days
prior to implementing rate adjustments reflecting these changes.
(((k))) (l) In developing the new medicaid managed care rates under
which the public mental health managed care system will operate during
the five years beginning in fiscal year 2011, the department should
seek to estimate the reasonable and necessary cost of efficiently and
effectively providing a comparable set of medically necessary mental
health benefits to persons of different acuity levels regardless of
where in the state they live. Actual prior period spending in a
regional administrative area shall not be a key determinant of future
payment rates. The department shall report to the office of financial
management and to the relevant fiscal and policy committees of the
legislature on its proposed new waiver and mental health managed care
rate-setting approach by October 1, 2009, and again at least sixty days
prior to implementation of new capitation rates.
(m) In implementing the new public mental health managed care
payment rates for fiscal year 2011, the department shall to the maximum
extent possible within each regional support network's allowable rate
range establish rates so that there is no increase or decrease in the
total state and federal funding that the regional support network would
receive if it were to continue to be paid at its October 2009 through
June 2010 rates. The department shall additionally revise the draft
rates issued January 28, 2010, to more accurately reflect the lower
practitioner productivity inherent in the delivery of services in
extremely rural regions in which a majority of the population reside in
frontier counties, as defined and designated by the national center for
frontier communities.
(((l))) (n) $1,529,000 of the general fund--state appropriation for
fiscal year 2010 and $1,529,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely to reimburse
Pierce and Spokane counties for the cost of conducting 180-day
commitment hearings at the state psychiatric hospitals.
(((m))) (o) The legislature intends and expects that regional
support networks and contracted community mental health agencies shall
make all possible efforts to, at a minimum, maintain current
compensation levels of direct care staff. Such efforts shall include,
but not be limited to, identifying local funding that can preserve
client services and staff compensation, achieving administrative
reductions at the regional support network level, and engaging
stakeholders on cost-savings ideas that maintain client services and
staff compensation. For purposes of this section, "direct care staff"
means persons employed by community mental health agencies whose
primary responsibility is providing direct treatment and support to
people with mental illness, or whose primary responsibility is
providing direct support to such staff in areas such as client
scheduling, client intake, client reception, client records-keeping,
and facilities maintenance.
(p) Regional support networks may use local funds to earn
additional federal medicaid match, provided the locally matched rate
does not exceed the upper-bound of their federally allowable rate
range, and provided that the enhanced funding is used only to provide
medicaid state plan or waiver services to medicaid clients.
Additionally, regional support networks may use a portion of the state
funds allocated in accordance with (a) of this subsection to earn
additional medicaid match, but only to the extent that the application
of such funds to medicaid services does not diminish the level of
crisis and commitment, community inpatient, residential care, and
outpatient services presently available to persons not eligible for
medicaid.
(2) INSTITUTIONAL SERVICES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($120,637,000))
$119,423,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($124,995,000))
$123,012,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($151,160,000))
$153,425,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($65,868,000))
$64,614,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($462,660,000))
$460,474,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) The state psychiatric 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) $231,000 of the general fund--state appropriation for fiscal
year 2008 and $231,000 of the general fund--state appropriation for
fiscal year 2009 are provided solely for a community partnership
between western state hospital and the city of Lakewood to support
community policing efforts in the Lakewood community surrounding
western state hospital. The amounts provided in this subsection (2)(b)
are for the salaries, benefits, supplies, and equipment for one full-time investigator, one full-time police officer, and one full-time
community service officer at the city of Lakewood.
(c) $45,000 of the general fund--state appropriation for fiscal
year 2010 and $45,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for payment to the city of
Lakewood for police services provided by the city at western state
hospital and adjacent areas.
(d) $200,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for support of the psychiatric security
review panel established pursuant to Senate Bill No. 6610. If Senate
Bill No. 6610 is not enacted by June 30, 2010, the amount provided in
this subsection shall lapse.
(3) SPECIAL PROJECTS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,819,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,812,000))
$2,092,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,142,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($5,773,000))
$6,053,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) $1,511,000 of the general fund--state appropriation for fiscal
year 2010 and $1,511,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for children's evidence based
mental health services. Funding is sufficient to continue serving
children at the same levels as fiscal year 2009.
(b) $100,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for consultation, training, and technical
assistance to regional support networks on strategies for effective
service delivery in very sparsely populated counties.
(c) $60,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the department to contract with the
Washington state institute for public policy for completion of the
research reviews to be conducted in accordance with chapter 263, Laws
of 2010.
(d) $60,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the department to contract with the
Washington state institute for public policy for completion of the
research reviews to be conducted in accordance with section 1, chapter
280, Laws of 2010.
(e) $60,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for implementation of sections 2 and 3,
chapter 280, Laws of 2010. The department shall use these funds to
contract with the Washington state institute for public policy for
completion of an assessment of (i) the extent to which the number of
persons involuntarily committed for 3, 14, and 90 days is likely to
increase as a result of the revised commitment standards; (ii) the
availability of community treatment capacity to accommodate that
increase; (iii) strategies for cost-effectively leveraging state,
local, and private resources to increase community involuntary
treatment capacity; and (iv) the extent to which increases in
involuntary commitments are likely to be offset by reduced utilization
of correctional facilities, publicly-funded medical care, and state
psychiatric hospitalizations.
(f) By October 1, 2010, the department shall report to the governor
and appropriate committees of the legislature with (i) a report on
improving services for children who are at greatest risk of requiring
long-term inpatient and residential care due to the severity of their
emotional impairments; and (ii) an inventory of current publicly funded
efforts in Washington to identify children at risk of emotional
impairments and to provide intervention before a mental disorder
manifests itself. The report on improving services for children at
risk of long-term care shall be developed by the division of behavioral
health and recovery services in consultation with treatment
specialists, regional support networks, behavioral health provider
organizations, and consumer and family representatives. It shall
include potential alternatives for services to children at risk of
long-term, intensive mental health care and recommend specific
proposals regarding program components, delivery system organization,
and cost estimates. The proposals may include short and long-term
alternatives to reach statewide equity in access to high-intensity
services with a primary focus on children who are at risk of out-of-home placement or who are high system utilizers. Evidence-based and
research-based practices shall be included as options to the extent
that they provide appropriate services for children at risk of long-term, intensive mental health care. The inventory shall include, but
is not limited to, activities that focus on prevention rather than
solely on clinical or medical treatment and that rely on strategies
such as those identified by the national academies' institute of
medicine as effective in preventing childhood emotional impairments.
The inventory shall be developed by the family policy council in
consultation with public health departments, special education experts,
managed health care plans, regional support networks, the University of
Washington's children's mental health evidence-based practice
institute, and behavioral health provider organizations.
(4) PROGRAM SUPPORT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($4,077,000))
$4,078,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($4,094,000))
$4,070,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($7,227,000))
$7,219,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($15,398,000))
$15,367,000
The department is authorized and encouraged to continue its
contract with the Washington state institute for public policy to
provide a longitudinal analysis of long-term mental health outcomes as
directed in chapter 334, Laws of 2001 (mental health performance
audit); to build upon the evaluation of the impacts of chapter 214,
Laws of 1999 (mentally ill offenders); and to assess program outcomes
and cost effectiveness of the children's mental health pilot projects
as required by chapter 372, Laws of 2006.
*Sec. 204 was partially vetoed. See message at end of chapter.
*Sec. 205 2010 c 3 s 204 (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 2010) . . . . . . . . . . . . (($311,589,000))
$307,348,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($366,489,000))
$338,299,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($849,263,000))
$902,900,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,527,341,000))
$1,548,547,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) Individuals receiving services as supplemental security income
(SSI) state supplemental payments shall not become eligible for medical
assistance under RCW 74.09.510 due solely to the receipt of SSI state
supplemental payments.
(b)(i) Amounts appropriated in this section reflect a reduction to
funds appropriated for in-home care. The department shall reduce the
number of in-home hours authorized. The reduction shall be scaled
based on the acuity level of care recipients. The largest hour
reductions shall be to lower acuity patients and the smallest hour
reductions shall be to higher acuity patients. In doing so, the
department shall comply with all maintenance of effort requirements
contained in the American reinvestment and recovery act.
(ii) $508,000 of the general fund--state appropriation for fiscal
year 2011 and $822,000 of the general fund--federal appropriation are
provided solely for the department to partially restore the reductions
to in-home care that are taken in (b)(i) of this subsection. The
department will use the same formula to restore personal care hours
that it used to reduce personal care hours.
(c) Amounts appropriated in this section are sufficient to develop
and implement the use of a consistent, statewide outcome-based vendor
contract for employment and day services by April 1, 2011. The rates
paid to vendors under this contract shall also be made consistent. In
its description of activities the agency shall include activity
listings and dollars appropriated for: Employment services, day
services, child development services and county administration of
services to the developmentally disabled. The department shall begin
reporting to the office of financial management on these activities
beginning in fiscal year 2010.
(d) (($5,593,000 of the general fund--state appropriation for
fiscal year 2010, $4,002,000 of the general fund--state appropriation
for fiscal year 2011, and $14,701,000 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 at risk of institutionalization or 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. First priority shall be given to children
who are at risk of institutionalization. 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 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.)) $302,000 of the general fund--state appropriation for fiscal
year 2010, $831,000 of the general fund--state appropriation for fiscal
year 2011, and $1,592,000 of the general fund--federal appropriation
are provided solely for health care benefits pursuant to a collective
bargaining agreement negotiated with the exclusive bargaining
representative of individual providers established under RCW
74.39A.270.
(e)(i) $493,000 of the general fund--state appropriation for fiscal
year 2010, $1,463,000 of the general fund--state appropriation for
fiscal year 2011, and $2,741,000 of the general fund--federal
appropriation are provided solely for community services for persons
with developmental disabilities who also have community protection
issues. Funding in this subsection shall be prioritized for (A)
clients being diverted or discharged from the state psychiatric
hospitals; (B) clients participating in the dangerous mentally ill
offender program; (C) clients participating in the community protection
program; and (D) 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 $349 per day in
fiscal year 2010 and $356 per day in fiscal year 2011. 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 if the total projected carry-forward expenditures do not exceed
the amounts estimated.
(ii) 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.
(f)
(((g))) (e)(i) $682,000 of the general fund--state appropriation
for fiscal year 2010, $1,651,000 of the general fund--state
appropriation for fiscal year 2011, and $1,678,000 of the general
fund--federal appropriation are provided solely for the state's
contribution to the training partnership, as provided in RCW
74.39A.360, pursuant to a collective bargaining agreement negotiated
with the exclusive bargaining representative of individual providers
established under RCW 74.39A.270.
(ii) The federal portion of the amounts in this subsection (g) is
contingent upon federal approval of participation in contributions to
the trust and shall remain unallotted and placed in reserve status
until the office of financial management and the department of social
and health services receive federal approval.
(iii) Expenditures for the purposes specified in this subsection
(g) shall not exceed the amounts provided in this subsection.
(((h))) (f) Within the amounts appropriated in this subsection (1),
the department shall implement all necessary rules to facilitate the
transfer to a department home and community-based services (HCBS)
waiver of all eligible individuals who (i) currently receive services
under the existing state-only employment and day program or the
existing state-only residential program, and (ii) otherwise meet the
waiver eligibility requirements. The amounts appropriated are
sufficient to ensure that all individuals currently receiving services
under the state-only employment and day and state-only residential
programs who are not transferred to a department HCBS waiver will
continue to receive services.
(((i) Adult day health services shall only be authorized for in-home clients.)) (g) In addition to other reductions, the appropriations in
this subsection reflect reductions targeted specifically to state
government administrative costs. These administrative reductions shall
be achieved, to the greatest extent possible, by reducing those
administrative costs that do not affect direct client services or
direct service delivery or programs.
(j)
(((k))) (h) The department shall not pay a home care agency
licensed under chapter 70.127 RCW for personal care services provided
by a family member, pursuant to Substitute House Bill No. 2361
(modifying state payments for in-home care).
(((l))) (i) Within the appropriations of this section, the
department shall reduce all seventeen payment levels of the seventeen-level payment system from the fiscal year 2009 levels for boarding
homes, boarding homes contracted as assisted living, and adult family
homes. Excluded from the reductions are exceptional care rate add-ons.
The long-term care program may develop add-ons to pay exceptional care
rates to adult family homes and boarding homes with specialty contracts
to provide support for the following specifically eligible clients:
(i) Persons with AIDS or HIV-related diseases who might otherwise
require nursing home or hospital care;
(ii) Persons with Alzheimer's disease and related dementia who
might otherwise require nursing home care; and
(iii) Persons with co-occurring mental illness and long-term care
needs who are eligible for expanded community services and who might
otherwise require state and local psychiatric hospital care.
Within amounts appropriated, exceptional add-on rates for AIDS/HIV,
dementia specialty care, and expanded community services may be
standardized within each program.
(((m))) (j) The amounts appropriated in this subsection reflect a
reduction in funds available for employment and day services. In
administering this reduction the department shall negotiate with
counties and their vendors so that this reduction, to the greatest
extent possible, is achieved by reducing vendor rates and allowable
contract administrative charges (overhead) and not through reductions
to direct client services or direct service delivery or programs.
(((n) Within the amounts allotted for employment and day services
in this section, the department shall prioritize the funding of
employment services for students graduating from high school during
fiscal years 2010 and 2011. However, nothing in this subsection is
intended to displace services for other recipients of employment
services.)) (k) As part of the needs assessment instrument, the
department may collect data on family income for minor children with
developmental disabilities and all individuals who are receiving state-only funded services. The department may ensure that this information
is collected as part of the client assessment process.
(o)
(l) $116,000 of the general fund--state appropriation for fiscal
year 2010, $2,689,000 of the general fund--state appropriation for
fiscal year 2011, and $1,772,000 of the general fund--federal
appropriation are provided solely for employment services and required
waiver 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 for both waiver and nonwaiver
clients. Fifty percent of the general fund appropriation shall be
utilized for graduates served on a home and community-based services
waiver and fifty percent of the general fund appropriation shall be
used for nonwaiver clients.
(m) The division of developmental disabilities shall not reduce
funding for county employment contracts. Funding for this purpose
shall be maintained at the amount appropriated for this purpose in
chapter 564, Laws of 2009.
(n) The department shall, by September 30, 2010, provide a report
to the legislature on the implementation of chapter 571, Laws of 2009
(Substitute House Bill No. 2361). The report shall provide an analysis
of the savings and/or costs to the agency associated with the
implementation of the bill. Additionally, the report shall provide a
full accounting of the relative hourly costs of agency providers and
individual providers.
(o) The department shall establish a working group with
representatives of the home care industry to identify and eliminate or
mitigate administrative burdens. The make-up of this working group
shall be limited to:
(i) The state unit on aging chief of the aging and disabilities
service administration (ADSA);
(ii) Other ADSA representatives as the state unit on aging chief
deems necessary;
(iii) A representative from the department of health facility
services licensing;
(iv) No more than seven representatives of the home care industry,
to include:
(A) A representative of each of the three home care associations;
(B) A for-profit agency with at least seven area agency on aging
contracts;
(C) A nonprofit with at least seven area agency on aging contracts;
(D) An agency that serves persons with developmental disabilities;
and
(E) An agency that is a community action program;
(v) No more than two area agency on aging directors; and
(vi) Representatives from each of the two labor unions which
represent home care workers.
The department is authorized to assign work group members
consistent with this subsection (1)(s). The working group shall hold
its first meeting no later than May 1, 2010, and shall meet at least
monthly or as needed until the group has accomplished its goals. The
work group shall provide a report on its findings to the legislative
fiscal committees by January 1, 2011.
(p) 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 in each of the following
categories: (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 at risk of institutionalization or who
are aging out of other state services; (iv) current home and community-based waiver program clients who have been assessed as having an
immediate need for increased services; (v) clients being diverted or
discharged from the state psychiatric hospitals; (vi) clients
participating in the dangerous mentally ill offender program; (vii)
clients participating in the community protection program; or (viii)
mental health crisis diversion outplacements. The department shall
strive to serve these clients in the most cost-effective manner.
(q) $81,000 of the general fund--state appropriation for fiscal
year 2010, $599,000 of the general fund--state appropriation for fiscal
year 2011, and $1,111,000 of the general fund--federal appropriation
are provided solely for the department to provide employment and day
services for eligible students who are currently on a waiver and will
graduate from high school during fiscal years 2010 and 2011.
(r) $100,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for direct support to families of
individuals with developmental disabilities to provide instruction in
self-advocacy.
(s) $100,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for direct support of local organizations
that utilize parent-to-parent networks and communication to promote
access and quality of care for individuals with developmental
disabilities and their families.
(t) The automatic award of additional hours of personal care for
people with special meal preparation or incontinence needs is
eliminated. Authorization of service hours will be based upon the
individual's assessed needs.
(2) INSTITUTIONAL SERVICES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($61,612,000))
$61,422,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($74,185,000))
$65,685,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($202,160,000))
$210,473,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $22,441,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($360,398,000))
$360,021,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) Individuals receiving services as supplemental security income
(SSI) state supplemental 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 developmental disabilities program is authorized to use
funds appropriated in this subsection to purchase goods and supplies
through direct contracting with vendors when the program determines it
is cost-effective to do so.
(c) $721,000 of the general fund--state appropriation for fiscal
year 2010 and $721,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the department to fulfill its
contracts with the school districts under chapter 28A.190 RCW to
provide transportation, building space, and other support services as
are reasonably necessary to support the educational programs of
students living in residential habilitation centers.
(d) In addition to other reductions, the appropriations in this
subsection reflect reductions targeted specifically to state government
administrative costs. These administrative reductions shall be
achieved, to the greatest extent possible, by reducing those
administrative costs that do not affect direct client services or
direct service delivery or programs.
(3) PROGRAM SUPPORT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($1,420,000))
$1,407,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,372,000))
$1,379,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,360,000))
$1,319,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,152,000))
$4,105,000
The appropriations in this subsection are subject to the following
conditions and limitations: In addition to other reductions, the
appropriations in this subsection reflect reductions targeted
specifically to state government administrative costs. These
administrative reductions shall be achieved, to the greatest extent
possible, by reducing those administrative costs that do not affect
direct client services or direct service delivery or programs.
(4) SPECIAL PROJECTS
((General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $15,000))
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . $15,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($21,066,000))
$9,631,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($21,096,000))
$9,631,000
The appropriations in this subsection are subject to the following
conditions and limitations: The appropriations in this subsection are
available solely for the infant toddler early intervention program.
*Sec. 205 was partially vetoed. See message at end of chapter.
*Sec. 206 2010 c 3 s 205 (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 2010) . . . . . . . . . . . . (($584,741,000))
$616,837,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($693,325,000))
$638,535,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,805,958,000))
$1,953,289,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($19,973,000))
$18,013,000
Traumatic Brain Injury Account -- State Appropriation . . . . . . . . . . . . (($1,816,000))
$4,136,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,105,813,000))
$3,230,810,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) For purposes of implementing chapter 74.46 RCW, the weighted
average nursing facility payment rate shall not exceed (($156.37))
$169.85 for fiscal year 2010 and shall not exceed (($158.74)) $166.24
for fiscal year 2011, including the rate add-on described in subsection
(12) of this section. There will be no adjustments for economic trends
and conditions in fiscal years 2010 and 2011. The economic trends and
conditions factor or factors defined in the biennial appropriations act
shall not be compounded with the economic trends and conditions factor
or factors defined in any other biennial appropriations acts before
applying it to the component rate allocations established in accordance
with chapter 74.46 RCW. When no economic trends and conditions factor
for either fiscal year is defined in a biennial appropriations act, no
economic trends and conditions factor or factors defined in any earlier
biennial appropriations act shall be applied solely or compounded to
the component rate allocations established in accordance with chapter
74.46 RCW.
(2) After examining actual nursing facility cost information, the
legislature finds that the medicaid nursing facility rates calculated
pursuant to Substitute House Bill No. 3202 or Substitute Senate Bill
No. 6872 (nursing facility medicaid payments) provide sufficient
reimbursement to efficient and economically operating nursing
facilities and bears a reasonable relationship to costs.
(3) In accordance with chapter 74.46 RCW, the department shall
issue no additional certificates of capital authorization for fiscal
year 2010 and no new certificates of capital authorization for fiscal
year 2011 and shall grant no rate add-ons to payment rates for capital
improvements not requiring a certificate of need and a certificate of
capital authorization for fiscal year 2011.
(((3))) (4) The long-term care program may develop and pay enhanced
rates for exceptional care to nursing homes for persons with traumatic
brain injuries who are transitioning from hospital care. The cost per
patient day for caring for these clients in a nursing home setting may
be equal to or less than the cost of caring for these clients in a
hospital setting.
(((4))) (5) Within the appropriations of this section, the
department shall reduce all seventeen payment levels of the seventeen-level payment system from the fiscal year 2009 levels for boarding
homes, boarding homes contracted as assisted living, and adult family
homes. Excluded from the reductions are exceptional care rate add-ons.
The long-term care program may develop add-ons to pay exceptional care
rates to adult family homes and boarding homes with specialty contracts
to provide support for the following specifically eligible clients:
(a) Persons with AIDS or HIV-related diseases who might otherwise
require nursing home or hospital care;
(b) Persons with Alzheimer's disease and related dementia who might
otherwise require nursing home care; and
(c) Persons with co-occurring mental illness and long-term care
needs who are eligible for expanded community services and who might
otherwise require state and local psychiatric hospital care.
Within amounts appropriated, exceptional add-on rates for AIDS/HIV,
dementia specialty care, and expanded community services may be
standardized within each program.
(((5))) (6)(a) Amounts appropriated in this section reflect a
reduction to funds appropriated for in-home care. The department shall
reduce the number of in-home hours authorized. The reduction shall be
scaled based on the acuity level of care recipients. The largest hour
reductions shall be to lower acuity patients and the smallest hour
reductions shall be to higher acuity patients. In doing so, the
department shall comply with all maintenance of effort requirements
contained in the American reinvestment and recovery act.
(b) $3,070,000 of the general fund--state appropriation for fiscal
year 2011 and $4,980,000 of the general fund--federal appropriation are
provided solely for the department to partially restore the reduction
to in-home care that are taken in (a) of this subsection. The
department will use the same formula to restore personal care hours
that it used to reduce personal care hours.
(((6))) (7) $536,000 of the general fund--state appropriation for
fiscal year 2010, $1,477,000 of the general fund--state appropriation
for fiscal year 2011, and $2,830,000 of the general fund--federal
appropriation are provided solely for health care benefits pursuant to
a collective bargaining agreement negotiated with the exclusive
bargaining representative of individual providers established under RCW
74.39A.270.
(((7))) (8)(a) $1,212,000 of the general fund--state appropriation
for fiscal year 2010, $2,934,000 of the general fund--state
appropriation for fiscal year 2011, and $2,982,000 of the general
fund--federal appropriation are provided solely for the state's
contribution to the training partnership, as provided in RCW
74.39A.360, pursuant to a collective bargaining agreement negotiated
with the exclusive bargaining representative of individual providers
established under RCW 74.39A.270.
(b) $330,000 of the general fund--state appropriation for fiscal
year 2010, $660,000 of the general fund-state appropriation for fiscal
year 2011, and $810,000 of the general fund--federal appropriation are
provided solely for transfer from the department to the training
partnership, as provided in RCW 74.39A.360, for infrastructure and
instructional costs associated with training of individual providers,
pursuant to a collective bargaining agreement negotiated with the
exclusive bargaining representative of individual providers established
under RCW 74.39A.270.
(c) The federal portion of the amounts in this subsection is
contingent upon federal approval of participation in contributions to
the trust and shall remain unallotted and placed in reserve status
until the office of financial management and the department of social
and health services receive federal approval.
(d) Expenditures for the purposes specified in this subsection
shall not exceed the amounts provided in this subsection.
(((8))) (9) Within the amounts appropriated in this section, the
department may expand the new freedom waiver program to accommodate new
waiver recipients throughout the state. As possible, and in compliance
with current state and federal laws, the department shall allow current
waiver recipients to transfer to the new freedom waiver.
(((9))) (10) Individuals receiving services as supplemental
security
income (SSI) state supplemental payments shall not become
eligible for medical assistance under RCW 74.09.510 due solely to the
receipt of SSI state supplemental payments.
(((10) Adult day health services shall only be authorized for in-home clients.))
(11) $3,955,000 of the general fund--state appropriation for fiscal
year 2010, $4,239,000 of the general fund--state appropriation for
fiscal year 2011, and $10,190,000 of the general fund--federal
appropriation are provided solely for the continued operation of
community residential and support services for persons who are older
adults or who have co-occurring medical and behavioral disorders and
who have been discharged or diverted from a state psychiatric hospital.
These funds shall be used to serve individuals whose treatment needs
constitute substantial barriers to community placement, who no longer
require active psychiatric treatment at an inpatient hospital level of
care, and who no longer meet the criteria for inpatient involuntary
commitment. Coordination of these services will be done in partnership
between the mental health program and the aging and disability services
administration.
(12) Within the funds provided, the department shall continue to
provide an add-on per medicaid resident day per facility not to exceed
$1.57. The add-on shall be used to increase wages, benefits, and/or
staffing levels for certified nurse aides; or to increase wages and/or
benefits for dietary aides, housekeepers, laundry aides, or any other
category of worker whose statewide average dollars-per-hour wage was
less than $15 in calendar year 2008, according to cost report data.
The add-on may also be used to address resulting wage compression for
related job classes immediately affected by wage increases to low-wage
workers. The department shall continue reporting requirements and a
settlement process to ensure that the funds are spent according to this
subsection. The department shall adopt rules to implement the terms of
this subsection.
(13) $1,840,000 of the general fund--state appropriation for fiscal
year 2010 and $1,877,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for operation of the volunteer
((chore)) services program. Funding shall be prioritized towards
serving populations traditionally served by long-term care services to
include senior citizens and persons with disabilities.
(14) 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) 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.
(15) 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.
(16) The department shall contract for housing with service models,
such as cluster care, to create efficiencies in service delivery and
responsiveness to unscheduled personal care needs by clustering hours
for clients that live in close proximity to each other.
(17) The department shall not pay a home care agency licensed under
chapter 70.127 RCW for personal care services provided by a family
member, pursuant to Substitute House Bill No. 2361 (modifying state
payments for in-home care).
(18) (($204,000)) $209,000 of the general fund--state appropriation
for fiscal year 2010, (($1,099,000)) $781,000 of the general fund--state appropriation for fiscal year 2011, and (($1,697,000)) $1,293,000
of the general fund--federal appropriation are provided solely to
implement Engrossed House Bill No. 2194 (extraordinary medical
placement for offenders). The department shall work in partnership
with the department of corrections to identify services and find
placements for offenders who are released through the extraordinary
medical placement program. The department shall collaborate with the
department of corrections to identify and track cost savings to the
department of corrections, including medical cost savings and to
identify and track expenditures incurred by the aging and disability
services program for community services and by the medical assistance
program for medical expenses. A joint report regarding the identified
savings and expenditures shall be provided to the office of financial
management and the appropriate fiscal committees of the legislature by
November 30, 2010. If this bill is not enacted by June 30, 2009, the
amounts provided in this subsection shall lapse.
(19) ((Sufficient funding is provided in this section for the
department to implement Engrossed Second Substitute House Bill No. 1935
(adult family homes). During the 2009-11 biennium, the initial
licensing fee for an adult family home shall be set at $900.00. During
the 2009-11 biennium, the annual licensing renewal fee shall be set at
$100.00.)) In accordance with RCW 18.51.050, 18.20.050, and 43.135.055,
the department is authorized to increase nursing facility and boarding
home fees in fiscal year 2011 as necessary to meet the actual costs of
conducting the licensure, inspection, and regulatory programs.
(a) $1,035,000 of the general fund--private/local appropriation
assumes that the current annual renewal license fee for nursing
facilities shall be increased to $327 per bed beginning in fiscal year
2011.
(b) $1,806,000 of the general fund--local appropriation assumes
that the current annual renewal license fee for boarding homes shall be
increased to $106 per bed beginning in fiscal year 2011.
(20) The department shall, by September 30, 2010, provide a report
to the legislature on the implementation of chapter 571, Laws of 2009
(Substitute House Bill No. 2361). The report shall provide an analysis
of the savings and/or costs to the agency associated with the
implementation of the bill. Additionally, the report shall provide a
full accounting of the relative hourly costs of agency providers and
individual providers.
(21) The department shall establish a working group with
representatives of the home care industry to identify and eliminate or
mitigate administrative burdens. The make-up of this working group
shall be limited to:
(a) The state unit on aging chief of the aging and disabilities
service administration (ADSA);
(b) Other ADSA representatives as the state unit on aging chief
deems necessary;
(c) A representative from the department of health facility
services licensing;
(d) No more than seven representatives of the home care industry,
to include:
(i) A representative of each of the three home care associations;
(ii) A for-profit agency with at least seven area agency on aging
contracts;
(iii) A nonprofit with at least seven area agency on aging
contracts;
(iv) An agency that serves persons with developmental disabilities;
and
(v) An agency that is a community action program;
(e) No more than two area agency on aging directors; and
(f) Representatives from each of the two labor unions which
represent home care workers.
The department is authorized to assign work group members
consistent with this subsection. The working group shall hold its
first meeting no later than May 1, 2010, and shall meet at least
monthly or as needed until the group has accomplished its goals. The
work group shall provide a report on its findings to the legislative
fiscal committees by January 1, 2011.
(22) $2,566,000 of the traumatic brain injury account--state
appropriation is provided solely to continue services for persons with
traumatic brain injury (TBI) as defined in RCW 74.31.020 through
74.31.050. The TBI advisory council shall provide a report to the
legislature by December 1, 2010, on the effectiveness of the functions
overseen by the council and shall provide recommendations on the
development of critical services for individuals with traumatic brain
injury.
(23) The automatic award of additional hours of personal care for
people with special meal preparation or incontinence needs is
eliminated. Authorization of service hours will be based upon the
individual's assessed needs.
(24) For calendar year 2009, the department shall calculate split
settlements covering two periods January 1, 2009, through June 30,
2009, and July 1, 2009, through December 31, 2009. For the second
period beginning July 1, 2009, the department may partially or totally
waive settlements only in specific cases where a nursing home can
demonstrate significant decreases in costs from the first period.
(25) $72,000 of the traumatic brain injury account appropriation
and $116,000 of the general fund--federal appropriation are provided
solely for a direct care rate add-on to any nursing facility
specializing in the care of residents with traumatic brain injuries
where more than 50 percent of residents are classified with this
condition based upon the federal minimum data set assessment.
(26) $69,000 of the general fund--state appropriation for fiscal
year 2010, $1,289,000 of the general fund--state appropriation for
fiscal year 2011, and $2,050,000 of the general fund--federal
appropriation are provided solely for the department to maintain
enrollment in the adult day health services program. New enrollments
are authorized for up to 1,575 clients or to the extent that
appropriated funds are available to cover additional clients.
(27) $1,000,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the department to contract for the
provision of an individual provider referral registry.
(28) $100,000 of the general fund--state appropriation for fiscal
year 2011 and $100,000 of the general fund--federal appropriation are
provided solely for the department to contract with a consultant to
evaluate and make recommendations on a pay-for-performance payment
subsidy system. The department shall organize one workgroup meeting
with the consultant where nursing home stakeholders may provide input
on pay-for-performance ideas. The consultant shall review pay-for-performance strategies used in other states to sustain and enhance
quality-improvement efforts in nursing facilities. The evaluation
shall include a review of the centers for medicare and medicaid
services demonstration project to explore the feasibility of pay-for-performance systems in medicare certified nursing facilities. The
consultant shall develop a report to include:
(a) Best practices used in other states for pay-for-performance
strategies incorporated into medicaid nursing home payment systems;
(b) The relevance of existing research to Washington state;
(c) A summary and review of suggestions for pay-for-performance
strategies provided by nursing home stakeholders in Washington state;
and
(d) An evaluation of the effectiveness on a variety of performance
measures.
(29) $4,100,000 of the general fund--state appropriation for fiscal
year 2010, $4,174,000 of the general fund--state appropriation for
fiscal year 2011, and $8,124,000 of the general fund--federal
appropriation are provided for the operation of the management services
division of the aging and disability services administration. This
includes but is not limited to the budget, contracts, accounting,
decision support, information technology, and rate development
activities for programs administered by the aging and disability
services administration. Nothing in this subsection is intended to
exempt the management services division of the aging and disability
services administration from reductions directed by the secretary.
However, funds provided in this subsection shall not be transferred
elsewhere within the department nor used for any other purpose.
*Sec. 206 was partially vetoed. See message at end of chapter.
*Sec. 207 2010 c 3 s 206 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- ECONOMIC SERVICES
PROGRAM
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($557,452,000))
$564,492,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($587,973,000))
$581,459,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,139,899,000))
$1,223,832,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($27,920,000))
$31,816,000
Administrative Contingency Account--State
Appropriation . . . . . . . . . . . . (($29,136,000))
$24,336,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,342,380,000))
$2,425,935,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) (($303,196,000)) $303,393,000 of the general fund--state
appropriation for fiscal year 2010, (($309,755,000)) $285,913,000 of
the general fund--state appropriation for fiscal year 2011,
(($29,136,000)) $24,336,000 of the administrative contingency account--state appropriation, and $778,606,000 of the general fund--federal
appropriation are provided solely for all components of the WorkFirst
program. The department shall use moneys from the administrative
contingency account for WorkFirst job placement services provided by
the employment security department. Within the amounts provided for
the WorkFirst program, the department may provide assistance using
state-only funds for families eligible for temporary assistance for
needy families. In addition, within the amounts provided for WorkFirst
the department shall:
(a) Establish a career services work transition program;
(b) Continue to implement WorkFirst program improvements that are
designed to achieve progress against outcome measures specified in RCW
74.08A.410. Outcome data regarding job retention and wage progression
shall be 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;
(c) Submit a report electronically by October 1, 2009, to the
fiscal committees of the legislature containing a spending plan for the
WorkFirst program. The plan shall identify how spending levels in the
2009-2011 biennium will be adjusted to stay within available federal
grant levels and the appropriated state-fund levels;
(d) Provide quarterly fiscal reports to the office of financial
management and the legislative fiscal committees detailing information
on the amount expended from general fund--state and general fund--federal by activity;
(e) Maintain the fiscal year 2009 grant standard for the temporary
assistance for needy families grant.
(2) The WorkFirst subcabinet, in partnership with the department of
social and health services, shall review and prepare a report on
services provided and accessed by both general population clients and
limited English proficiency clients. The review shall include
information on efficiencies and outcomes related to client services for
each client population. The report should identify services and
expenditures related to client outcomes in fiscal year 2010. The
report on these programs and client outcomes shall be reported to the
appropriate committees of the legislature no later than December 15,
2010.
(3) The department and the office of financial management shall
electronically report quarterly the expenditures, maintenance of effort
allotments, expenditure amounts, and caseloads for the WorkFirst
program to the legislative fiscal committees.
(((3))) (4) $16,783,000 of the general fund--state appropriation
for fiscal year 2011 and $62,000,000 of the general fund--federal
appropriation are provided solely for all components of the WorkFirst
program in order to maintain services to January 2011. The legislature
intends to work with the governor to design and implement fiscal and
programmatic modifications to provide for the sustainability of the
program. The funding in this subsection assumes that no other
expenditure reductions will be made prior to January 2011 other than
those assumed in the appropriation levels in this act.
(5) (($84,856,000)) $94,322,000 of the general fund--state
appropriation for fiscal year 2010 and (($95,173,000)) $97,168,000 of
the general fund--state appropriation for fiscal year 2011, net of
recoveries, are provided solely for cash assistance and other services
to recipients in the ((general assistance--unemployable program)) cash
program pursuant to chapter 8, Laws of 2010 1st sp. sess. (security
lifeline act), including persons in the unemployable, expedited, and
aged, blind, and disabled components of the program. It is the intent
of the legislature that the lifeline incapacity determination and
progressive evaluation process regulations be carefully designed to
accurately identify those persons who have been or will be
incapacitated for at least ninety days. The incapacity determination
and progressive evaluation process regulations in effect on January 1,
2010, cannot be amended until at least September 30, 2010; except that
provisions related to the use of administrative review teams may be
amended, and obsolete terminology and functional assessment language
may be updated on or after July 1, 2010, in a manner that only
minimally impacts the outcome of incapacity evaluations. After
September 30, 2010, the incapacity determination and progressive
evaluation process regulations may be amended only if the reports under
(a) and (b) of this subsection have been submitted, and find that
expenditures will exceed the appropriated level by three percent or
more.
(a) The department and the caseload forecast council shall, by
September 21, 2010, submit a report to the legislature based upon the
most recent caseload forecast and actual expenditure data available, as
to whether expenditures for the lifeline-unemployable grants in fiscal
year 2011 will exceed $69,648,000 for fiscal year 2011 in the 2010
supplemental operating budget by three percent or more. If
expenditures will exceed the appropriated amount for lifeline-unemployable grants by three percent or more, the department may adopt
regulations modifying incapacity determination and progressive
evaluation process regulations after September 30, 2010.
(b) On or before September 21, 2010, the department shall submit a
report to the relevant policy and fiscal committees of the legislature
that includes the following information regarding any regulations
proposed for adoption that would modify the lifeline incapacity
determination and progressive evaluation process:
(i) A copy of the proposed changes and a concise description of the
changes;
(ii) A description of the persons who would likely be affected by
adoption of the regulations, including their impairments, age,
education, and work history;
(iii) An estimate of the number of persons who, on a monthly basis
through June 2013, would be denied lifeline benefits if the regulations
were adopted, expressed as a number, as a percentage of total
applicants, and as a percentage of the number of persons granted
lifeline benefits in each month;
(iv) An estimate of the number of persons who, on a monthly basis
through June 2013, would have their lifeline benefits terminated
following an eligibility review if the regulations were adopted,
expressed as a number, as a percentage of the number of persons who
have had an eligibility review in each month, and as a percentage of
the total number of persons currently receiving lifeline-unemployable
benefits in each month; and
(v) Intended improvements in employment or treatment outcomes among
persons receiving lifeline benefits that could be attributable to the
changes in the regulations.
(c) Within these amounts:
(((a))) (i) The department shall aggressively pursue opportunities
to transfer ((general assistance unemployable)) lifeline clients to
general assistance expedited coverage and to facilitate client
applications for federal supplemental security income when the client's
incapacities indicate that he or she would be likely to meet the
federal disability criteria for supplemental security income. The
department shall initiate and file the federal supplemental security
income interim agreement as quickly as possible in order to maximize
the recovery of federal funds;
(((b))) (ii) The department shall review the ((general assistance))
lifeline caseload to identify recipients that would benefit from
assistance in becoming naturalized citizens, and thus be eligible to
receive federal supplemental security income benefits. Those cases
shall be given high priority for naturalization funding through the
department;
(((c))) (iii) The department shall actively coordinate with local
workforce development councils to expedite access to worker retraining
programs for ((general assistance unemployable)) lifeline clients in
those regions of the state with the greatest number of such clients;
(((d))) (iv) By July 1, 2009, the department shall enter into an
interagency agreement with the department of veterans' affairs to
establish a process for referral of veterans who may be eligible for
veteran's services. This agreement must include outstationing
department of veterans' affairs staff in selected community service
office locations in King and Pierce counties to facilitate applications
for veterans' services; and
(((e))) (v) In addition to any earlier evaluation that may have
been conducted, the department shall intensively evaluate those clients
who have been receiving ((general assistance unemployable)) lifeline
benefits for twelve months or more as of July 1, 2009, or thereafter,
if the available medical and incapacity related evidence indicates that
the client is unlikely to meet the disability standard for federal
supplemental security income benefits. The evaluation shall identify
services necessary to eliminate or minimize barriers to employment,
including mental health treatment, substance abuse treatment and
vocational rehabilitation services. The department shall expedite
referrals to chemical dependency treatment, mental health and
vocational rehabilitation services for these clients.
(((f))) (vi) The appropriations in this subsection reflect a change
in the earned income disregard policy for ((general assistance
unemployable)) lifeline clients. It is the intent of the legislature
that the department shall adopt the temporary assistance for needy
families earned income policy for ((general assistance unemployable))
the lifeline program.
(((4))) (6) $750,000 of the general fund--state appropriation for
fiscal year 2010 and $750,000 of the general fund--state appropriation
for fiscal year 2011 are provided solely for naturalization services.
(((5))) (7)(a) $3,550,000 of the general fund--state appropriation
for fiscal year 2010 is provided solely for refugee employment
services, of which $2,650,000 is provided solely for the department to
pass through to statewide refugee assistance organizations for limited
English proficiency pathway services; and $3,550,000 of the general
fund--state appropriation for fiscal year 2011 is provided solely for
refugee employment services, of which $2,650,000 is provided solely for
the department to pass through to statewide refugee assistance
organizations for limited English proficiency pathway services.
(b) The legislature intends that the appropriation in this
subsection for the 2009-11 fiscal biennium will maintain funding for
refugee programs at a level at least equal to expenditures on these
programs in the 2007-09 fiscal biennium.
(((6))) (8) The appropriations in this section reflect reductions
in the appropriations for the economic services administration's
administrative expenses. It is the intent of the legislature that
these reductions shall be achieved, to the greatest extent possible, by
reducing those administrative costs that do not affect direct client
services or direct service delivery or program.
(9) $855,000 of the general fund--state appropriation for fiscal
year 2011, $719,000 of the general fund--federal appropriation, and
$2,907,000 of the general fund--private/local appropriation are
provided solely for the implementation of the opportunity portal, the
food stamp employment and training program, and the disability lifeline
program under Second Substitute House Bill No. 2782 (security lifeline
act). If the bill is not enacted by June 30, 2010, the amounts
provided in this subsection shall lapse.
(10) $200,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the department to award grants to
small mutual assistance or small community-based organizations that
contract with the department for immigrant and refugee assistance
services. The funds shall be awarded to provide funding for community
groups to provide transitional assistance, language skills, and other
resources to improve refugees' economic self-sufficiency through the
effective use of social services, financial services, and medical
assistance.
(11) $250,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for increased funding for limited English
proficiency pathway programs.
*Sec. 207 was partially vetoed. See message at end of chapter.
Sec. 208 2010 c 3 s 207 (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 2010) . . . . . . . . . . . . (($82,028,000))
$81,982,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($84,682,000))
$82,393,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($145,604,000))
$148,034,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($2,719,000))
$2,718,000
Criminal Justice Treatment Account -- State
Appropriation . . . . . . . . . . . . (($17,747,000))
$17,743,000
Problem Gambling Account -- State Appropriation . . . . . . . . . . . . (($1,459,000))
$1,456,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($334,239,000))
$334,326,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Within the amounts appropriated in this section, the department
may contract with the University of Washington and community-based
providers for the provision of the parent-child assistance program.
For
all contractors, indirect charges for administering the program
shall not exceed ten percent of the total contract amount.
(2) Within the amounts appropriated in this section, the department
shall continue to provide for chemical dependency treatment services
for adult medicaid eligible and general assistance-unemployable
patients.
(3) In addition to other reductions, the appropriations in this
section reflect reductions targeted specifically to state government
administrative costs. These administrative reductions shall be
achieved, to the greatest extent possible, by reducing those
administrative costs that do not affect direct client services or
direct service delivery or programs.
(4) $2,247,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the implementation of the lifeline
program under Second Substitute House Bill No. 2782 (security lifeline
act). If the bill is not enacted by June 30, 2010, the amount provided
in this subsection shall lapse.
(5) $3,500,000 of the general fund--federal appropriation (from the
substance abuse prevention and treatment federal block grant) is
provided solely for the continued funding of existing county drug and
alcohol use prevention programs.
*Sec. 209 2010 c 3 s 208 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- MEDICAL ASSISTANCE
PROGRAM
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($1,598,043,000))
$1,697,203,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,985,797,000))
$1,789,973,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($5,212,855,000))
$6,086,632,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($12,903,000))
$37,249,000
Emergency Medical Services and Trauma Care Systems
Trust Account -- State Appropriation . . . . . . . . . . . . (($15,076,000))
$15,075,000
Tobacco Prevention and Control Account --
State Appropriation . . . . . . . . . . . . (($3,766,000))
$4,464,000
Hospital Safety Net Assessment Fund--State
Appropriation . . . . . . . . . . . . $260,036,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($8,828,440,000))
$9,890,632,000
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) 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.
(3) The legislature affirms 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.
(4) When a person is ineligible for medicaid solely by reason of
residence in an institution for mental diseases, the department shall
provide the person with the same benefits as he or she would receive if
eligible for medicaid, using state-only funds to the extent necessary.
(5) In accordance with RCW 74.46.625, $6,000,000 of the general
fund -- federal appropriation is provided solely for supplemental
payments to nursing homes operated by public hospital districts. The
public hospital district shall be responsible for providing the
required nonfederal match for the supplemental payment, and the
payments shall not exceed the maximum allowable under federal rules.
It is the legislature's intent that the payments shall be supplemental
to and shall not in any way offset or reduce the payments calculated
and provided in accordance with part E of chapter 74.46 RCW. It is the
legislature's further intent that costs otherwise allowable for rate-setting and settlement against payments under chapter 74.46 RCW shall
not be disallowed solely because such costs have been paid by revenues
retained by the nursing home from these supplemental payments. The
supplemental payments are subject to retrospective interim and final
cost settlements based on the nursing homes' as-filed and final
medicare cost reports. The timing of the interim and final cost
settlements shall be at the department's discretion. During either the
interim cost settlement or the final cost settlement, the department
shall recoup from the public hospital districts the supplemental
payments that exceed the medicaid cost limit and/or the medicare upper
payment limit. The department shall apply federal rules for
identifying the eligible incurred medicaid costs and the medicare upper
payment limit.
(6) $1,110,000 of the general fund -- federal appropriation and
$1,105,000 of the general fund--state appropriation for fiscal year
2011 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.
(7) $9,818,000 of the general fund--state appropriation for fiscal
year 2011, and $9,865,000 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.
(8) The department shall continue the inpatient hospital certified
public expenditures program for the 2009-11 biennium. The program
shall apply to all public hospitals, including those owned or operated
by the state, except those classified as critical access hospitals or
state psychiatric institutions. The department shall submit reports to
the governor and legislature by November 1, 2009, and by November 1,
2010, that evaluate whether savings continue to exceed costs for this
program. If the certified public expenditures (CPE) program in its
current form is no longer cost-effective to maintain, the department
shall submit a report to the governor and legislature detailing
cost-effective alternative uses of local, state, and federal resources
as a replacement for this program. During fiscal year 2010 and fiscal
year 2011, hospitals in the program shall be paid and shall retain one
hundred percent of the federal portion of the allowable hospital cost
for each medicaid inpatient fee-for-service claim payable by medical
assistance and one hundred percent of the federal portion of the
maximum disproportionate share hospital payment allowable under federal
regulations. Inpatient medicaid payments shall be established using an
allowable methodology that approximates the cost of claims submitted by
the hospitals. Payments made to each hospital in the program in each
fiscal year of the biennium shall be compared to a baseline amount.
The baseline amount will be determined by the total of (a) the
inpatient claim payment amounts that would have been paid during the
fiscal year had the hospital not been in the CPE program based on the
reimbursement rates developed, implemented, and consistent with
policies approved in the 2009-11 biennial operating appropriations act
(chapter 564, Laws of 2009) and in effect on July 1, 2009, (b) one half
of the indigent assistance disproportionate share hospital payment
amounts paid to and retained by each hospital during fiscal year 2005,
and (c) all of the other disproportionate share hospital payment
amounts paid to and retained by each hospital during fiscal year 2005
to the extent the same disproportionate share hospital programs exist
in the 2009-11 biennium. If payments during the fiscal year exceed the
hospital's baseline amount, no additional payments will be made to the
hospital except the federal portion of allowable disproportionate share
hospital payments for which the hospital can certify allowable match.
If payments during the fiscal year are less than the baseline amount,
the hospital will be paid a state grant equal to the difference between
payments during the fiscal year and the applicable baseline amount.
Payment of the state grant shall be made in the applicable fiscal year
and distributed in monthly payments. The grants will be recalculated
and redistributed as the baseline is updated during the fiscal year.
The grant payments are subject to an interim settlement within eleven
months after the end of the fiscal year. A final settlement shall be
performed. To the extent that either settlement determines that a
hospital has received funds in excess of what it would have received as
described in this subsection, the hospital must repay the excess
amounts to the state when requested. $20,403,000 of the general fund--state appropriation for fiscal year 2010, of which $6,570,000 ((of the
general fund--state appropriation for fiscal year 2010, which)) is
appropriated in section 204(1) of this act, and (($1,500,000 of the
general fund--state appropriation for fiscal year 2011, which))
$29,480,000 of the general fund--state appropriation for fiscal year
2011, of which $6,570,000 is appropriated in section 204(1) of this
act, are provided solely for state grants for the participating
hospitals. ((Sufficient amounts are appropriated in this section for
the remaining state grants for the participating hospitals.)) CPE
hospitals will receive the inpatient and outpatient reimbursement rate
restorations in section 9 and rate increases in section 10(1)(b) of
Engrossed Second Substitute House Bill No. 2956 (hospital safety net
assessment) funded through the hospital safety net assessment fund
rather than through the baseline mechanism specified in this
subsection.
(9) The department is authorized to use funds appropriated in this
section to purchase goods and supplies through direct contracting with
vendors when the department determines it is cost-effective to do so.
(10) $93,000 of the general fund--state appropriation for fiscal
year 2010 and $93,000 of the general fund--federal appropriation are
provided solely for the department to pursue a federal Medicaid waiver
pursuant to Second Substitute Senate Bill No. 5945 (Washington health
partnership plan). If the bill is not enacted by June 30, 2009, the
amounts provided in this subsection shall lapse.
(11) The department shall require managed health care systems that
have contracts with the department to serve medical assistance clients
to limit any reimbursements or payments the systems make to providers
not employed by or under contract with the systems to no more than the
medical assistance rates paid by the department to providers for
comparable services rendered to clients in the fee-for-service delivery
system.
(12) A maximum of (($166,875,000 of the general fund--state
appropriation and $38,389,000 of the general fund--federal))
$241,141,000 in total funds from the general fund--state, general
fund--federal, and tobacco and prevention control account--state
appropriations may be expended in the fiscal biennium for the ((general
assistance-unemployable)) medical program pursuant to chapter 8, Laws
of 2010 1st sp. sess. (security lifeline act), and these amounts are
provided solely for this program. Of these amounts, $10,749,000 of the
general fund--state appropriation for fiscal year 2010 and $10,892,000
of the general fund--federal appropriation are provided solely for
payments to hospitals for providing outpatient services to low income
patients who are recipients of ((general assistance-unemployable))
lifeline benefits. Pursuant to RCW 74.09.035, the department shall not
expend for the ((general assistance)) lifeline medical care services
program any amounts in excess of the amounts provided in this
subsection.
(13) ((If the department determines that it is feasible within the
amounts provided in subsection (16) of this section, and without the
loss of federal disproportionate share hospital funds, the department
shall contract with the carrier currently operating a managed care
pilot project for the provision of medical care services to general
assistance-unemployable clients.)) Mental health services shall be
included in the services provided through the managed care system((.
If the department determines that it is feasible, effective October 1,
2009, in addition to serving clients in the pilot counties, the carrier
shall expand managed care services to clients residing in at least the
following counties: Spokane, Yakima, Chelan, Kitsap, and Cowlitz. If
the department determines that it is feasible, the carrier shall
complete implementation into the remaining counties. Total per person
costs to the state, including outpatient and inpatient services and any
additional costs due to stop loss agreements, shall not exceed the per
capita payments projected for the general assistance-unemployable
eligibility category, by fiscal year, in the February 2009 medical
assistance expenditures forecast)) for lifeline clients under chapter
8, Laws of 2010 1st sp. sess. In transitioning lifeline clients to
managed care, the department shall attempt to deliver care to lifeline
clients through medical homes in community and migrant health centers.
The department, in collaboration with the carrier, shall seek to
improve the transition rate of ((general assistance)) lifeline clients
to the federal supplemental security income program. The department
shall renegotiate the contract with the managed care plan that provides
services for lifeline clients to maximize state retention of future
hospital savings as a result of improved care coordination. The
department, in collaboration with stakeholders, shall propose a new
name for the lifeline program.
(14) The department shall evaluate the impact of the use of a
managed care delivery and financing system on state costs, savings, and
outcomes for ((general assistance)) lifeline medical clients. Outcomes
measured shall include state costs, utilization, changes in mental
health status and symptoms, and involvement in the criminal justice
system. Outcomes measured shall also include the total costs or
savings resulting from utilization changes due to care management, and
how much of those costs or savings accrued to the state and the managed
care organization. The department shall provide a report on these
outcomes to the relevant policy and fiscal committees of the
legislature by November 1, 2010. Monthly encounter data shall be
included in the report.
(15) The department shall report to the governor and the fiscal
committees of the legislature by June 1, 2010, on its progress toward
achieving a twenty percentage point increase in the generic
prescription drug utilization rate.
(16) State funds shall not be used by hospitals for advertising
purposes.
(17) $24,356,000 of the general fund--private/local appropriation
and $35,707,000 of the general fund--federal appropriation are provided
solely for the implementation of professional services supplemental
payment programs. The department shall seek a medicaid state plan
amendment to create a professional services supplemental payment
program for University of Washington medicine professional providers no
later than July 1, 2009. The department shall apply federal rules for
identifying the shortfall between current fee-for-service medicaid
payments to participating providers and the applicable federal upper
payment limit. Participating providers shall be solely responsible for
providing the local funds required to obtain federal matching funds.
Any incremental costs incurred by the department in the development,
implementation, and maintenance of this program will be the
responsibility of the participating providers. Participating providers
will retain the full amount of supplemental payments provided under
this program, net of any potential costs for any related audits or
litigation brought against the state. The department shall report to
the governor and the legislative fiscal committees on the prospects for
expansion of the program to other qualifying providers as soon as
feasibility is determined but no later than December 31, 2009. The
report will outline estimated impacts on the participating providers,
the procedures necessary to comply with federal guidelines, and the
administrative resource requirements necessary to implement the
program. The department will create a process for expansion of the
program to other qualifying providers as soon as it is determined
feasible by both the department and providers but no later than June
30, 2010.
(18) (($9,350,000)) $9,075,000 of the general fund--state
appropriation for fiscal year 2010, (($8,313,000)) $8,588,000 of the
general fund--state appropriation for fiscal year 2011, and
(($20,371,000)) $39,747,000 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
amounts provided in this subsection are conditioned on the department
satisfying the requirements of section 902 of this act.
(19) $506,000 of the general fund--state appropriation for fiscal
year 2011 and $657,000 of the general fund--federal appropriation are
provided solely for the implementation of Second Substitute House Bill
No. 1373 (children's mental health). If the bill is not enacted by
June 30, 2009, the amounts provided in this subsection shall lapse.
(20) Pursuant to 42 U.S.C. Sec. 1396(a)(25), the department shall
pursue insurance claims on behalf of medicaid children served through
its in-home medically intensive child program under WAC 388-551-3000.
The department shall report to the Legislature by December 31, 2009, on
the results of its efforts to recover such claims.
(21) The department may, on a case-by-case basis and in the best
interests of the child, set payment rates for medically intensive home
care services to promote access to home care as an alternative to
hospitalization. Expenditures related to these increased payments
shall not exceed the amount the department would otherwise pay for
hospitalization for the child receiving medically intensive home care
services.
(22) $425,000 of the general fund--state appropriation for fiscal
year 2010((, $425,000 of the general fund--state appropriation for
fiscal year 2011,)) and (($1,580,000)) $790,000 of the general fund--federal appropriation are provided solely to continue children's health
coverage outreach and education efforts under RCW 74.09.470. These
efforts shall rely on existing relationships and systems developed with
local public health agencies, health care providers, public schools,
the women, infants, and children program, the early childhood education
and assistance program, child care providers, newborn visiting nurses,
and other community-based organizations. The department shall seek
public-private partnerships and federal funds that are or may become
available to provide on-going support for outreach and education
efforts under the federal children's health insurance program
reauthorization act of 2009.
(23) The department, in conjunction with the office of financial
management, shall ((reduce outpatient and inpatient hospital rates
and)) implement a prorated inpatient payment policy. ((In determining
the level of reductions needed, the department shall include in its
calculations services paid under fee-for-service, managed care, and
certified public expenditure payment methods; but reductions shall not
apply to payments for psychiatric inpatient services or payments to
critical access hospitals.))
(24) The department will pursue a competitive procurement process
for antihemophilic products, emphasizing evidence-based medicine and
protection of patient access without significant disruption in
treatment.
(25) The department will pursue several strategies towards reducing
pharmacy expenditures including but not limited to increasing generic
prescription drug utilization by 20 percentage points and promoting
increased utilization of the existing mail-order pharmacy program.
(26) The department shall reduce reimbursement for over-the-counter
medications while maintaining reimbursement for those over-the-counter
medications that can replace more costly prescription medications.
(27) The department shall seek public-private partnerships and
federal funds that are or may become available to implement health
information technology projects under the federal American recovery and
reinvestment act of 2009.
(28) The department shall target funding for maternity support
services towards pregnant women with factors that lead to higher rates
of poor birth outcomes, including hypertension, a preterm or low birth
weight birth in the most recent previous birth, a cognitive deficit or
developmental disability, substance abuse, severe mental illness,
unhealthy weight or failure to gain weight, tobacco use, or African
American or Native American race.
(29) $260,036,000 of the hospital safety net assessment fund--state
appropriation and $255,448,000 of the general fund--federal
appropriation are provided solely for the implementation of Engrossed
Second Substitute House Bill No. 2956 (hospital safety net assessment).
If the bill is not enacted by June 30, 2010, the amounts provided in
this subsection shall lapse.
(30) $79,000 of the general fund--state appropriation for fiscal
year 2010 and $53,000 of the general fund--federal appropriation are
provided solely to implement Substitute House Bill No. 1845 (medical
support obligations).
(((30))) (31) $63,000 of the general fund--state appropriation for
fiscal year 2010, $583,000 of the general fund--state appropriation for
fiscal year 2011, and $864,000 of the general fund--federal
appropriation are provided solely to implement Engrossed House Bill No.
2194 (extraordinary medical placement for offenders). The department
shall work in partnership with the department of corrections to
identify services and find placements for offenders who are released
through the extraordinary medical placement program. The department
shall collaborate with the department of corrections to identify and
track cost savings to the department of corrections, including medical
cost savings, and to identify and track expenditures incurred by the
aging and disability services program for community services and by the
medical assistance program for medical expenses. A joint report
regarding the identified savings and expenditures shall be provided to
the office of financial management and the appropriate fiscal
committees of the legislature by November 30, 2010. If this bill is
not enacted by June 30, 2009, the amounts provided in this subsection
shall lapse.
(((31))) (32) $73,000 of the general fund--state appropriation for
fiscal year 2011 and $50,000 of the general fund--federal appropriation
is provided solely for supplemental services that will be provided to
offenders in lieu of a prison sentence pursuant to chapter 224, Laws of
2010 (Substitute Senate Bill No. 6639).
(33) Sufficient amounts are provided in this section to provide
full benefit dual eligible beneficiaries with medicare part D
prescription drug copayment coverage in accordance with RCW 74.09.520.
(34) In addition to other reductions, the appropriations in this
section reflect reductions targeted specifically to state government
administrative costs. These administrative reductions shall be
achieved,
to the greatest extent possible, by reducing those
administrative costs that do not affect providers, direct client
services, or direct service delivery or programs.
(35) The department shall contract with an organization that
provides medication therapy management services to increase the use of
lower cost alternative medications, improve patient compliance with
prescribed regimens, reduce harmful side effects from medication, and
ensure that medications achieve their desired therapeutic results. The
department shall not contract for these services unless the contractor
guarantees that the services will generate savings, as measured by the
department's actual experience after implementation, that are greater
than the cost of the contracted services.
(36) $331,000 of the general fund--state appropriation for fiscal
year 2010, $331,000 of the general fund--state appropriation for fiscal
year 2011, and $1,228,000 of the general fund--federal appropriation
are provided solely for the department to support the activities of the
Washington poison center. The department shall seek federal authority
to receive matching funds from the federal government through the
children's health insurance program.
(37) $528,000 of the general fund--state appropriation and
$2,955,000 of the general fund--federal appropriation are provided
solely for the implementation of the lifeline program under chapter 8,
Laws of 2010 1st sp. sess. (security lifeline act).
(38) If the cost of a brand name drug, after receiving discounted
prices and rebates, is less than the cost of the generic version of the
drug for the medical assistance program, the brand name drug shall be
purchased.
(39) The department shall propose a new medicaid prescription drug
pricing benchmark to replace the average wholesale price (AWP), and
report on the transition plan, the potential impact on stakeholders,
and impact on state expenditures for the 2011-13 biennium to the
governor and the fiscal committees of the legislature by November 1,
2010. This effort will include collaboration with stakeholders and be
consistent with the recommendations of the American medicaid pharmacy
administrators association and the national association of medicaid
directors working group on post-AWP pricing and reimbursement.
(40) Sufficient amounts are provided in this section to provide
medicaid school-based medical services.
(41) The department shall pursue all opportunities to maximize
discounted drug pricing through the 340B drug pricing program in
section 340B of the public health service act. The department shall
report its findings to the governor and the fiscal committees of the
legislature by December 1, 2010.
(42) The department shall develop a transition plan from a fee-for-service delivery system to a managed care delivery system for aged,
blind, and disabled clients eligible for medical assistance coverage by
June 1, 2011.
(43) Reductions in dental services are to be achieved by focusing
on the fastest growing areas of dental care. Reductions in
preventative care, particularly for children, will be avoided to the
extent possible.
(44) The department shall develop the capability to implement apple
health for kids express lane eligibility enrollments for children
receiving basic food assistance by June 30, 2011.
(45)(a) The department, in coordination with the health care
authority, shall actively continue to negotiate a medicaid section 1115
waiver with the federal centers for medicare and medicaid services that
would provide federal matching funds for services provided to persons
enrolled in the basic health plan under chapter 70.47 RCW and the
medical care services program under RCW 74.09.035.
(b) If the waiver in (a) of this subsection is granted, the
department and the health care authority may implement the waiver if it
allows the program to remain within appropriated levels, after
providing notice of its terms and conditions to the relevant policy and
fiscal committees of the legislature in writing thirty days prior to
the planned implementation date of the waiver.
(46) $704,000 of the general fund--state appropriation for fiscal
year 2010, $812,000 of the general fund--state appropriation for fiscal
year 2011, and $1,516,000 of the general fund--federal appropriation
are provided solely for maintaining employer-sponsored insurance
program staff, coordination of benefits unit staff, the payment
integrity audit team, and family planning nursing.
(47) For healthy options managed care rates established on or after
July 1, 2010, the department shall pay health plans operating in the
same county the same base capitation rates for that county, with plan-specific adjustments related to risk characteristics of the plan's
members including age, gender, and diagnostic-based risk adjustments,
such as chronic disability payment system risk scores. The department
shall provide preliminary rates for the upcoming fiscal year to all the
healthy options plans and the fiscal committees of the legislature by
September 30, 2010.
(48) Every effort shall be made to maintain current employment
levels and achieve administrative savings through vacancies and
employee attrition. Efficiencies shall be implemented as soon as
possible in order to minimize actual reduction in force. The
department shall implement a management strategy that minimizes
disruption of service and negative impacts on employees.
*Sec. 209 was partially vetoed. See message at end of chapter.
Sec. 210 2010 c 3 s 209 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- VOCATIONAL
REHABILITATION PROGRAM
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($10,451,000))
$10,327,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($10,125,000))
$10,077,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($83,534,000))
$107,961,000
Telecommunications Devices for the Hearing and
Speech Impaired -- State Appropriation . . . . . . . . . . . . (($1,979,000))
$5,976,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($106,089,000))
$134,341,000
The appropriations in this section are subject to the following
conditions and limitations: The vocational rehabilitation program
shall coordinate closely with the economic services program to serve
((general assistance unemployable)) lifeline clients under chapter 8,
Laws of 2010 1st sp. sess. who are referred for eligibility
determination and vocational rehabilitation services, and shall make
every effort, within the requirements of the federal rehabilitation act
of 1973, to serve these clients.
Sec. 211 2010 c 3 s 210 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- SPECIAL COMMITMENT
PROGRAM
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($49,818,000))
$48,827,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($47,259,000))
$46,922,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($97,077,000))
$95,749,000
*Sec. 212 2010 c 3 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 2010) . . . . . . . . . . . . (($34,425,000))
$33,604,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($34,627,000))
$29,407,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($55,169,000))
$51,119,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($1,526,000))
$1,121,000
Institutional Impact Account--State Appropriation . . . . . . . . . . . . $22,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($125,747,000))
$115,273,000
The appropriations in this section are subject to the following
conditions and limitations: In addition to other reductions, the
appropriations in this section reflect reductions targeted specifically
to state government administrative costs. These administrative
reductions shall be achieved, to the greatest extent possible, by
reducing those administrative costs that do not affect direct client
services or direct service delivery or programs.
(1) (($150,000)) $333,000 of the general fund--state appropriation
for fiscal year 2010 and (($150,000)) $300,000 of the general fund--state appropriation for fiscal year 2011 are provided solely for the
Washington state mentors program to continue its public-private
partnerships to provide technical assistance and training to mentoring
programs that serve at-risk youth.
(2) $445,000 of the general fund--state appropriation for fiscal
year 2010 and $445,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for funding of the teamchild
project through the governor's juvenile justice advisory committee.
(3) $178,000 of the general fund--state appropriation for fiscal
year 2010 and $178,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the juvenile detention
alternatives initiative.
(4) Amounts appropriated in this section reflect a reduction to the
family policy council. The family policy council shall reevaluate
staffing levels and administrative costs to ensure to the extent
possible a maximum ratio of grant moneys provided and administrative
costs.
(5) Amounts appropriated in this section reflect a reduction to the
council on children and families. The council on children and families
shall reevaluate staffing levels and administrative costs to ensure to
the extent possible a maximum ratio of grant moneys provided and
administrative costs.
(6) The department shall not reduce funding to the governor's
juvenile justice advisory committee from the amounts appropriated for
this purpose in chapter 564, Laws of 2009.
(7) $25,000 of the general fund--state appropriation for fiscal
year 2010 is provided for the department, in collaboration with the
department of health and the health care authority, to report to the
fiscal committees of the legislature by November 1, 2010, on estimates
of the full costs and savings to all state-purchased health care from
the inclusion of coverage for the diagnosis and treatment of autism
spectrum disorders for individuals less than twenty-one years of age.
Autism spectrum disorders are defined to mean any of the pervasive
developmental disorders defined by the most recent edition of the
diagnostic and statistical manual of mental disorders. Coverage must
include all medically necessary care which is defined to include any
care, treatment, intervention, service, or item that is prescribed,
provided, or ordered by a licensed physician or licensed psychologist.
Treatment of autism spectrum disorders includes the following care
prescribed, ordered, or provided for an individual diagnosed with one
of the autism spectrum disorders by a licensed physician or licensed
psychologist who determines the care to be medically necessary: (a)
Habilitative or rehabilitative care; (b) pharmacy care, except when
plans do not offer any pharmacy benefits; (c) psychiatric care; and (d)
psychological care. The estimates should fully consider all potential
offsets to currently funded care and services and should consider
including the coverage of the diagnosis and treatment of autism
spectrum disorders within the currently mandated provision of mental
health benefits.
*Sec. 212 was partially vetoed. See message at end of chapter.
Sec. 213 2009 c 564 s 213 (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 2010) . . . . . . . . . . . . (($53,431,000))
$61,985,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($53,472,000))
$61,461,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($49,494,000))
$56,572,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($156,397,000))
$180,018,000
*Sec. 214 2009 c 564 s 214 (uncodified) is amended to read as
follows:
FOR THE STATE HEALTH CARE AUTHORITY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($206,295,000))
$208,258,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($182,138,000))
$159,306,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($6,302,000))
$34,727,000
State Health Care Authority Administration Account --
State Appropriation . . . . . . . . . . . . (($35,261,000))
$34,880,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . (($529,000))
$527,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($430,525,000))
$437,698,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Within amounts 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 eligible
to participate in the basic health plan as subsidized enrollees 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.
(2) The health care authority shall require organizations and
individuals that are paid to deliver basic health plan services and
that 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.
(3) 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).
(4)(a) In order to maximize the funding appropriated for the basic
health plan, the health care authority is directed to make
modifications that will reduce the total number of subsidized enrollees
to approximately 65,000 by January 1, 2010. In addition to the reduced
enrollment, other modifications may include changes in enrollee premium
obligations, changes in benefits, enrollee cost-sharing, and
termination of the enrollment of individuals concurrently enrolled in
a medical assistance program as provided in Substitute House Bill No.
2341.
(b) The health care authority shall coordinate with the department
of social and health services to negotiate a medicaid section 1115
waiver with the federal centers for medicare and medicaid services that
would provide matching funds for services provided to persons enrolled
in the basic health plan under chapter 70.47 RCW.
(c) If the waiver in (b) of this subsection is granted, the health
care authority may implement the waiver if it allows the program to
remain within appropriated levels, after providing notice of its terms
and conditions to the relevant policy and fiscal committees of the
legislature in writing thirty days prior to the planned implementation
date of the waiver.
(5) $250,000 of the general fund--state appropriation for fiscal
year 2010 and $250,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the implementation of
Substitute Senate Bill No. 5360 (community collaboratives). If the
bill is not enacted by June 30, 2009, the amounts provided in this
section shall lapse.
(6) The ((department)) authority shall seek public-private
partnerships and federal funds that are or may become available to
implement health information technology projects under the federal
American recovery and reinvestment act of 2009.
(7)(a) $2,495,000 of the general fund--state appropriation for
fiscal year 2011 is provided solely for the authority for grants to two
pilot projects, one each based in Spokane and Whatcom counties, to
provide a full continuum of health care services to low-income adults.
The pilot project in Spokane county shall aim for an enrollment of five
hundred individuals and the pilot project in Whatcom county shall aim
for an enrollment of one thousand individuals. All individuals
enrolled in the pilot projects shall meet the criteria in (b) of this
subsection. Grantees must demonstrate experience in working with an
established network of health care providers in the county capable of
providing continuity of health care services that may include a primary
care medical home and catastrophic insurance coverage, to low-income
adults. Expectations of grantees will include: Coordinating public,
private, and volunteer efforts within the county to maximize
participation within the grant funds available; and providing
continuity of care to participants that promotes improved health
outcomes as determined by the health care authority. Grantees will
submit reports as directed by the health care authority.
(b) In order to participate in a pilot, eligible low-income adults
must have an income at or below two hundred percent of the federal
poverty level; reside in the county where the project is based; be on
the basic health waiting list at the time of application to
participate; have no other health insurance coverage; and not be
eligible for full-scope medical assistance programs, federal medicare
programs, or health insurance through their employer. Grantees may
require participants to meet other criteria, such as qualifying for
health insurance coverage and paying premiums or other costs in order
to participate in the pilot.
(c) The authority, in collaboration with the grantees of the pilots
in (a) of this subsection, shall seek any federal funds that may be
available with the enactment of federal health care reform.
(8) In the event that the authority markets a nonsubsidized version
of the basic health plan, the authority must also provide information
on other health care coverage options to potential clients.
(9) $20,000 of the general fund--state appropriation for fiscal
year 2010 and $63,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the implementation of chapter
220, Laws of 2010 (accountable care organizations).
*Sec. 214 was partially vetoed. See message at end of chapter.
Sec. 215 2010 c 3 s 212 (uncodified) is amended to read as
follows:
FOR THE HUMAN RIGHTS COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $2,638,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($2,533,000))
$2,511,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,299,000))
$1,584,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($6,470,000))
$6,733,000
Sec. 216 2009 c 564 s 216 (uncodified) is amended to read as
follows:
FOR THE BOARD OF INDUSTRIAL INSURANCE APPEALS
Worker and Community Right-to-Know Account --
State Appropriation . . . . . . . . . . . . $20,000
Accident Account -- State Appropriation . . . . . . . . . . . . (($18,453,000))
$18,139,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . (($18,453,000))
$18,139,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($36,926,000))
$36,298,000
Sec. 217 2009 c 564 s 217 (uncodified) is amended to read as
follows:
FOR THE CRIMINAL JUSTICE TRAINING COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($19,146,000))
$17,273,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($19,176,000))
$17,843,000
General Fund--Federal Appropriation . . . . . . . . . . . . $143,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . (($200,000))
$1,303,000
Death Investigations Account -- State Appropriation . . . . . . . . . . . . $148,000
Municipal Criminal Justice Assistance Account --
State Appropriation . . . . . . . . . . . . $460,000
Washington Auto Theft Prevention Authority Account --
State Appropriation . . . . . . . . . . . . $5,844,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($44,974,000))
$43,014,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) (($1,874,000 of the general fund--state appropriation for
fiscal year 2010 and $1,922,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for 10
additional basic law enforcement academies in fiscal year 2010 and 10
additional basic law enforcement academies in fiscal year 2011.)) $1,191,000 of the general fund--state appropriation for
fiscal year 2010 and $1,191,000 of the general fund--state
appropriation
for fiscal year 2011 are provided solely for the
Washington association of sheriffs and police chiefs to continue to
develop, maintain, and operate the jail booking and reporting system
(JBRS) and the statewide automated victim information and notification
system (SAVIN).
(2)
(((3))) (2) $5,000,000 of the general fund--state appropriation for
fiscal year 2010 and $5,000,000 of the general fund--state
appropriation for fiscal year 2011, are provided to the Washington
association of sheriffs and police chiefs solely to verify the address
and residency of registered sex offenders and kidnapping offenders
under RCW 9A.44.130. The Washington association of sheriffs and police
chiefs shall:
(a) Enter into performance-based agreements with units of local
government to ensure that registered offender address and residency are
verified:
(i) For level I offenders, every twelve months;
(ii) For level II offenders, every six months; and
(iii) For level III offenders, every three months.
For the purposes of this subsection, unclassified offenders and
kidnapping offenders shall be considered at risk level I unless in the
opinion of the local jurisdiction a higher classification is in the
interest of public safety.
(b) Collect performance data from all participating jurisdictions
sufficient to evaluate the efficiency and effectiveness of the address
and residency verification program; and
(c) Submit a report on the effectiveness of the address and
residency verification program to the governor and the appropriate
committees of the house of representatives and senate by December 31,
each year.
The Washington association of sheriffs and police chiefs may retain up
to three percent of the amount provided in this subsection for the cost
of administration. Any funds not disbursed for address and residency
verification or retained for administration may be allocated to local
prosecutors for the prosecution costs associated with failing-to-register offenses.
(((4))) (3) $30,000 of the general fund--state appropriation for
fiscal year 2010 is provided solely for the implementation of Second
Substitute House Bill No. 2078 (persons with developmental disabilities
in correctional facilities or jails). If the bill is not enacted by
June 30, 2009, the amount provided in this subsection shall lapse.
(4) $171,000 of the general fund--local appropriation is provided
solely to purchase ammunition for the basic law enforcement academy.
Jurisdictions with one hundred or more full-time commissioned officers
shall reimburse to the criminal justice training commission the costs
of ammunition, based on the average cost of ammunition per cadet, for
cadets that they enroll in the basic law enforcement academy.
(5) The criminal justice training commission may not run a basic
law enforcement academy class of fewer than 30 students.
(6) $1,500,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for continuing the enforcement of illegal
drug laws in the rural pilot project enforcement areas as set forth in
chapter 339, Laws of 2006.
Sec. 218 2009 c 564 s 218 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF LABOR AND INDUSTRIES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($24,224,000))
$24,975,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($25,237,000))
$19,336,000
((General Fund -- Federal Appropriation . . . . . . . . . . . . $100,000))
General Fund -- Federal Appropriation . . . . . . . . . . . . (($10,000,000))
$10,100,000
Asbestos Account -- State Appropriation . . . . . . . . . . . . (($924,000))
$923,000
Electrical License Account -- State Appropriation . . . . . . . . . . . . (($43,162,000))
$36,977,000
Farm Labor Revolving Account -- Private/Local Appropriation . . . . . . . . . . . . $28,000
Worker and Community Right-to-Know Account --
State Appropriation . . . . . . . . . . . . (($1,979,000))
$1,987,000
Public Works Administration Account -- State
Appropriation . . . . . . . . . . . . (($5,764,000))
$6,021,000
Manufactured Home Installation Training Account --
State Appropriation . . . . . . . . . . . . (($138,000))
$143,000
Accident Account -- State Appropriation . . . . . . . . . . . . (($248,281,000))
$250,509,000
Accident Account -- Federal Appropriation . . . . . . . . . . . . (($13,622,000))
$13,621,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . (($249,537,000))
$249,232,000
Medical Aid Account -- Federal Appropriation . . . . . . . . . . . . $3,186,000
Plumbing Certificate Account -- State Appropriation . . . . . . . . . . . . (($1,693,000))
$1,704,000
Pressure Systems Safety Account -- State Appropriation . . . . . . . . . . . . (($3,775,000))
$4,144,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($631,650,000))
$622,886,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Pursuant to RCW 43.135.055, the department is authorized to
increase fees related to factory assembled structures, contractor
registration, electricians, plumbers, asbestos removal, boilers,
elevators, and manufactured home installers. These increases are
necessary to support expenditures authorized in this section,
consistent with chapters 43.22, 18.27, 19.28, and 18.106 RCW, RCW
49.26.130, and chapters 70.79, 70.87, and 43.22A RCW.
(2) $424,000 of the accident account--state appropriation and
$76,000 of the medical aid account--state appropriation are provided
solely for implementation of a community agricultural worker safety
grant at the department of agriculture. The department shall enter
into an interagency agreement with the department of agriculture to
implement the grant.
(3) $4,850,000 of the medical aid account--state appropriation is
provided solely to continue the program of safety and health as
authorized by RCW 49.17.210 to be administered under rules adopted
pursuant to chapter 34.05 RCW, provided that projects funded involve
workplaces insured by the medical aid fund, and that priority is given
to projects fostering accident prevention through cooperation between
employers and employees or their representatives.
(4) $150,000 of the medical aid account--state appropriation is
provided solely for the department to contract with one or more
independent experts to evaluate and recommend improvements to the
rating plan under chapter 51.18 RCW, including analyzing how risks are
pooled, the effect of including worker premium contributions in
adjustment calculations, incentives for accident and illness
prevention, return-to-work practices, and other sound risk-management
strategies that are consistent with recognized insurance principles.
(5) The department shall continue to conduct utilization reviews of
physical and occupational therapy cases at the 24th visit. The
department shall continue to report performance measures and targets
for these reviews on the agency web site. The reports are due
September 30th for the prior fiscal year and must include the amount
spent and the estimated savings per fiscal year.
(6) The appropriations in this section reflect reductions in the
appropriations for the department of labor and industries'
administrative expenses. It is the intent of the legislature that
these reductions shall be achieved, to the greatest extent possible, by
reducing administrative costs only.
(7) $500,000 of the accident account--state appropriation is
provided solely for the department to contract with one or more
independent experts to oversee and assist the department's
implementation of improvements to the rating plan under chapter 51.18
RCW, in collaboration with the department and with the department's
work group of retrospective rating and workers' compensation
stakeholders. The independent experts will validate the impact of
recommended changes on retrospective rating participants and
nonparticipants, confirm implementation technology changes, and provide
other implementation assistance as determined by the department.
(8) $194,000 of the accident account--state appropriation and
$192,000 of the medical aid account--state appropriation are provided
solely for implementation of Senate Bill No. 5346 (health care
administrative procedures). ((If the bill is not enacted by June 30,
2009, the amounts provided in this subsection shall lapse.))
(9) $131,000 of the accident account--state appropriation and
$128,000 of the medical aid account--state appropriation are provided
solely for implementation of Senate Bill No. 5613 (stop work orders).
((If the bill is not enacted by June 30, 2009, the amounts provided in
this subsection shall lapse.))
(10) $68,000 of the accident account--state appropriation and
$68,000 of the medical aid account--state appropriation are provided
solely for implementation of Senate Bill No. 5688 (registered domestic
partners). ((If the bill is not enacted by June 30, 2009, the amounts
provided in this subsection shall lapse.))
(11) $320,000 of the accident account--state appropriation and
$147,000 of the medical aid account--state appropriation are provided
solely for implementation of Senate Bill No. 5873 (apprenticeship
utilization). ((If the bill is not enacted by June 30, 2009, the
amounts provided in this subsection shall lapse.)) (12) $73,000 of the general fund--state appropriation for
fiscal year 2010, $66,000 of the general fund--state appropriation for
fiscal year 2011, $606,000 of the accident account--state
appropriation, and $600,000 of the medical aid account--state
appropriation are provided solely for the implementation of House Bill
No. 1555 (underground economy). ((
(15)If the bill is not enacted by June
30, 2009, the amounts provided in this subsection shall lapse.)) (13) $574,000 of the accident account--state appropriation
and $579,000 of the medical account--state appropriation are provided
solely for the implementation of House Bill No. 1402 (industrial
insurance appeals). ((
(16)If the bill is not enacted by June 30, 2009, the
amounts provided in this subsection shall lapse.))
(14) Within statutory guidelines, the boiler program shall explore
opportunities to increase program efficiency. Strategies may include
the consolidation of routine multiple inspections to the same site and
trip planning to ensure the least number of miles traveled.
(15) $16,000 of the general fund--state appropriation for fiscal
year 2010 and $50,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the crime victims compensation
program to pay claims for mental health services for crime victim
compensation program clients who have an established relationship with
a mental health provider and subsequently obtain coverage under the
medicaid program or the medical care services program under chapter
74.09 RCW. Prior to making such payment, the program must have
determined that payment for the specific treatment or provider is not
available under the medicaid or medical care services program. In
addition, the program shall make efforts to contact any healthy options
or medical care services health plan in which the client may be
enrolled to help the client obtain authorization to pay the claim on an
out-of-network basis.
(16) $48,000 of the accident account--state appropriation and
$48,000 of the medical aid account--state appropriation are provided
solely for the implementation of Substitute House Bill No. 2789
(issuance of subpoenas for purposes of agency investigations of
underground economic activity). If the bill is not enacted by June 30,
2010, the amount provided in this subsection shall lapse.
(17) $71,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for implementation of Senate Bill No. 6349
(farm internship program). If the bill is not enacted by June 30,
2010, the amount provided in this subsection shall lapse.
(18) $127,000 of the general fund--state appropriation for fiscal
year 2010 and $133,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the department to provide
benefits in excess of the cap established by sections 1 and 2, chapter
122, Laws of 2010. These benefits shall be paid for claimants who were
determined eligible for and who were receiving crime victims'
compensation benefits because they were determined to be permanently
and totally disabled, as defined by RCW 51.08.160, prior to April 1,
2010. The director shall establish, by May 1, 2010, a process to aid
crime victims' compensation recipients in identifying and applying for
appropriate alternative benefit programs.
(19) $155,000 of the public works administration account--state
appropriation is provided solely for the implementation of Engrossed
House Bill No. 2805 (offsite prefabricated items). If the bill is not
enacted by June 30, 2010, the amount provided in this subsection shall
lapse.
Sec. 219 2010 c 3 s 213 (uncodified) is amended to read as
follows:
FOR THE INDETERMINATE SENTENCE REVIEW BOARD
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,882,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,886,000))
$1,864,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,768,000))
$3,746,000
Sec. 220 2009 c 564 s 220 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
(1) HEADQUARTERS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,913,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,899,000))
$1,865,000
Charitable, Educational, Penal, and Reformatory
Institutions Account -- State Appropriation . . . . . . . . . . . . $10,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,822,000))
$3,788,000
The appropriations in this subsection are subject to the following
conditions and limitations: In addition to other reductions, the
appropriations in this section reflect reductions targeted specifically
to state government administrative costs. These administrative
reductions shall be achieved, to the greatest extent possible, by
reducing those administrative costs that do not affect direct client
services or direct service delivery or programs.
(2) FIELD SERVICES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $4,885,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($4,943,000))
$4,964,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,842,000))
$2,382,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($3,491,000))
$4,512,000
Veterans Innovations Program Account--State
Appropriation . . . . . . . . . . . . (($648,000))
$897,000
Veteran Estate Management Account--Private/Local
Appropriation . . . . . . . . . . . . (($1,069,000))
$1,072,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($16,878,000))
$18,712,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) The department shall collaborate with the department of social
and health services to identify and assist eligible general assistance
unemployable clients to access the federal department of veterans
affairs benefits.
(b) $648,000 of the veterans innovations program account--state
appropriation is provided solely for the department to continue support
for returning combat veterans through the veterans innovation program,
including emergency financial assistance through the defenders' fund
and long-term financial assistance through the competitive grant
program.
(c) In addition to other reductions, the appropriations in this
section reflect reductions targeted specifically to state government
administrative costs. These administrative reductions shall be
achieved, to the greatest extent possible, by reducing those
administrative costs that do not affect direct client services or
direct service delivery or programs.
(3) INSTITUTIONAL SERVICES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($3,638,000))
$3,318,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($2,845,000))
$2,371,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($50,791,000))
$50,353,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($31,734,000))
$34,189,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($89,008,000))
$90,231,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) In addition to other reductions, the appropriations in this
section reflect reductions targeted specifically to state government
administrative costs. These administrative reductions shall be
achieved, to the greatest extent possible, by reducing those
administrative costs that do not affect direct client services or
direct service delivery or programs.
(b) The reductions in this subsection shall be achieved through
savings from contract revisions and shall not impact the availability
of goods and services for residents of the three state veterans homes.
*Sec. 221 2010 c 3 s 214 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF HEALTH
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($107,413,000))
$98,414,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($82,806,000))
$81,735,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($480,871,000))
$564,379,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($138,846,000))
$162,237,000
Hospital Data Collection Account -- State Appropriation . . . . . . . . . . . . (($326,000))
$218,000
Health Professions Account -- State Appropriation . . . . . . . . . . . . (($76,218,000))
$82,850,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $603,000
Emergency Medical Services and Trauma Care Systems
Trust Account -- State Appropriation . . . . . . . . . . . . (($13,531,000))
$13,206,000
Safe Drinking Water Account -- State Appropriation . . . . . . . . . . . . (($2,723,000))
$2,731,000
Drinking Water Assistance Account -- Federal
Appropriation . . . . . . . . . . . . (($22,817,000))
$22,862,000
Waterworks Operator Certification -- State
Appropriation . . . . . . . . . . . . (($1,519,000))
$1,522,000
Drinking Water Assistance Administrative Account --
State Appropriation . . . . . . . . . . . . $326,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . (($3,600,000))
$4,106,000
Medical Test Site Licensure Account -- State
Appropriation . . . . . . . . . . . . (($2,117,000))
$2,261,000
Youth Tobacco Prevention Account -- State Appropriation . . . . . . . . . . . . $1,512,000
Public Health Supplemental Account -- Private/Local
Appropriation . . . . . . . . . . . . (($3,525,000))
$3,804,000
Community and Economic Development Fee Account--State
Appropriation . . . . . . . . . . . . $298,000
Accident Account -- State Appropriation . . . . . . . . . . . . (($295,000))
$292,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $48,000
Tobacco Prevention and Control Account --
State Appropriation . . . . . . . . . . . . (($46,852,000))
$44,196,000
Biotoxin Account--State Appropriation . . . . . . . . . . . . (($1,165,000))
$1,163,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($987,113,000))
$1,088,763,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) 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 of health and the
state board of health shall not implement any new or amended rules
pertaining to primary and secondary school facilities until the rules
and a final cost estimate have been presented to the legislature, and
the legislature has formally funded implementation of the rules through
the omnibus appropriations act or by statute. 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.
(2) In accordance with RCW 43.70.250 and 43.135.055, the department
is authorized to establish and raise fees in fiscal year 2011 as
necessary to meet the actual costs of conducting business and the
appropriation levels in this section. This authorization applies to
fees for the review of sewage tank designs, fees related to regulation
and inspection of farmworker housing, and fees associated with the
following professions: Acupuncture, dental, denturist, mental health
counselor, nursing, nursing assistant, optometry, radiologic
technologist, recreational therapy, respiratory therapy, social worker,
cardiovascular invasive specialist, and practitioners authorized under
chapter 18.240 RCW.
(3) Pursuant to RCW 43.135.055 and RCW 43.70.250, the department is
authorized to establish fees by the amount necessary to fully support
the cost of activities related to the administration of long-term care
worker certification. The department is further authorized to increase
fees by the amount necessary to implement the regulatory requirements
of the following bills: House Bill No. 1414 (health care assistants),
House Bill No. 1740 (dental residency licenses), and House Bill No.
1899 (retired active physician licenses).
(((3))) (4) $764,000 of the health professions account--state
appropriation is provided solely for the medical quality assurance
commission to maintain disciplinary staff and associated costs
sufficient to reduce the backlog of disciplinary cases and to continue
to manage the disciplinary caseload of the commission.
(((4))) (5) $57,000 of the general fund--state appropriation for
fiscal year 2010 and $58,000 of the general fund--state appropriation
for fiscal year 2011 are provided solely for the midwifery licensure
and regulatory program to offset a reduction in revenue from fees.
((There shall be no change to the current annual fees for new or
renewed licenses for the midwifery program.)) The department shall
convene the midwifery advisory committee on a quarterly basis to
address issues related to licensed midwifery. The appropriations in
this section assume that the current application and renewal fee for
midwives shall be increased by fifty dollars and all other fees for
midwives be adjusted accordingly.
(((5))) (6) Funding for the human papillomavirus vaccine shall not
be included in the department's universal vaccine purchase program in
fiscal year 2010. Remaining funds for the universal vaccine purchase
program shall be used to continue the purchase of all other vaccines
included in the program until May 1, 2010, ((or until state funds are
exhausted,)) at which point state funding for the universal vaccine
purchase program shall be discontinued. ((Funds from section 317 of
the federal public health services act direct assistance shall not be
used in lieu of state funds.)) (7) Beginning July 1, 2010, the department, in collaboration
with the department of social and health services, shall maximize the
use of existing federal funds, including section 317 of the federal
public health services act direct assistance as well as federal funds
that may become available under the American recovery and reinvestment
act, in order to continue to provide immunizations for low-income,
nonmedicaid eligible children up to three hundred percent of the
federal poverty level in state-sponsored health programs.
(6)
(((7))) (8) The department shall eliminate outreach activities for
the health care directives registry and use the remaining amounts to
maintain the contract for the registry and minimal staffing necessary
to administer the basic entry functions for the registry.
(((8))) (9) Funding in this section reflects a temporary reduction
of resources for the 2009-11 fiscal biennium for the state board of
health to conduct health impact reviews.
(((9))) (10) Pursuant to RCW 43.135.055 and 43.70.125, the
department is authorized to adopt rules to establish a fee schedule to
apply to applicants for initial certification surveys of health care
facilities for purposes of receiving federal health care program
reimbursement. The fees shall only apply when the department has
determined that federal funding is not sufficient to compensate the
department for the cost of conducting initial certification surveys.
The fees for initial certification surveys may be established as
follows: Up to $1,815 for ambulatory surgery centers, up to $2,015 for
critical access hospitals, up to $980 for end stage renal disease
facilities, up to $2,285 for home health agencies, up to $2,285 for
hospice agencies, up to $2,285 for hospitals, up to $520 for
rehabilitation facilities, up to $690 for rural health clinics, and up
to $7,000 for transplant hospitals.
(((10))) (11) Funding for family planning grants for fiscal year
2011 is reduced in the expectation that federal funding shall become
available to expand coverage of services for individuals through
programs at the department of social and health services. In the event
that such funding is not provided, the legislature intends to continue
funding through a supplemental appropriation at fiscal year 2010
levels. $4,500,000 of the general fund--state appropriation is
provided solely for the department of health-funded family planning
clinic grants due to federal funding not becoming available.
(((11))) (12) $16,000,000 of the tobacco prevention and control
account--state appropriation is provided solely for local health
jurisdictions to conduct core public health functions as defined in RCW
43.70.514.
(((12))) (13) $100,000 of the health professions account
appropriation is provided solely for implementation of Substitute House
Bill No. 1414 (health care assistants). If the bill is not enacted by
June 30, 2009, the amount provided in this subsection shall lapse.
(((13))) (14) $42,000 of the health professions account--state
appropriation is provided solely to implement Substitute House Bill No.
1740 (dentistry license issuance). If the bill is not enacted by June
30, 2009, the amount provided in this section shall lapse.
(((14))) (15) $23,000 of the health professions account--state
appropriation is provided solely to implement Second Substitute House
Bill No. 1899 (retired active physician licenses). If the bill is not
enacted by June 30, 2009, the amount provided in this section shall
lapse.
(((15))) (16) $12,000 of the general fund--state appropriation for
fiscal year 2010 and $67,000 of the general fund--private/local
appropriation are provided solely to implement House Bill No. 1510
(birth certificates). If the bill is not enacted by June 30, 2009, the
amount provided in this section shall lapse.
(((16))) (17) $31,000 of the health professions account is provided
for the implementation of Second Substitute Senate Bill No. 5850 (human
trafficking). If the bill is not enacted by June 2009, the amount
provided in this subsection shall lapse.
(((17))) (18) $282,000 of the health professions account is
provided for the implementation of Substitute Senate Bill No. 5752
(dentists cost recovery). If the bill is not enacted by June 2009, the
amount provided in this subsection shall lapse.
(((18))) (19) $106,000 of the health professions account is
provided for the implementation of Substitute Senate Bill No. 5601
(speech language assistants). If the bill is not enacted by June 2009,
the amount provided in this subsection shall lapse.
(20) Subject to existing resources, the department of health is
encouraged to examine, in the ordinary course of business, current and
prospective programs, treatments, education, and awareness of
cardiovascular disease that are needed for a thriving and healthy
Washington.
(21) $400,500 from the health professions account is appropriated
to fund nursing commission programs related to discipline, impaired
practitioner programs, and expedited credentialing. Funding comes from
a reduction in the $20 fees that nurses pay for access to University of
Washington library resources.
(22) $390,000 of the health professions account--state
appropriation is provided solely to implement chapter 169, Laws of 2010
(nursing assistants). The amount provided in this subsection is from
fee revenue authorized by Engrossed Substitute Senate Bill No. 6582.
(23) $10,000 of the health professions account--state appropriation
for fiscal year 2010 and $40,000 of the health professions
account--state appropriation for fiscal year 2011 are provided solely
for the department to study cost effective options for collecting
demographic data related to the health care professions workforce to be
submitted to the legislature by December 1, 2010.
(24) $66,000 of the health professions account--state appropriation
is provided solely to implement chapter 209, Laws of 2010 (pain
management).
(25) $10,000 of the health professions account--state appropriation
is provided solely to implement chapter 92, Laws of 2010
(cardiovascular invasive specialists).
(26) $23,000 of the general fund--state appropriation is provided
solely to implement chapter 182, Laws of 2010 (tracking ephedrine,
etc.).
(27) The department is authorized to coordinate a tobacco cessation
media campaign using all appropriate media with the purpose of
maximizing the use of quit-line services and youth smoking prevention.
(28) For all contracts for smoking cessation and awareness services
agreed to after the effective date of this section, at least ten
percent of the value of that contract shall be dedicated to supporting
smoking cessation and prevention programs for underserved and hard to
reach populations, including populations with smoking rates higher than
the state average.
(29) It is the intent of the legislature that the reductions in
appropriations to the AIDS/HIV programs shall be achieved, to the
greatest extent possible, by reducing those state government
administrative costs that do not affect direct client services or
direct service delivery or programs. The agency shall, to the greatest
extent possible, reduce spending in those areas that shall have the
least impact on implementing these programs.
(30) $400,000 of the state toxics control account--state
appropriation is provided solely for granting to a willing local public
entity to provide emergency water supplies or water treatment for
households with individuals at high public health risk from nitrate-contaminated wells in the lower Yakima basin.
(31) $100,000 of the state toxics control account--state
appropriation is provided solely for an interagency contract to the
department of ecology to grant to agencies involved in improving
groundwater quality in the lower Yakima Valley. These agencies will
develop a local plan for improving water quality and reducing nitrate
contamination. The department of ecology will report to the
appropriate committees of the legislature and to the office of
financial management no later than December 1, 2010, summarizing
progress towards developing and implementing this plan.
*Sec. 221 was partially vetoed. See message at end of chapter.
NEW SECTION. Sec. 222 A new section is added to 2009 c 564
(uncodified) 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,
2010, 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 2010 between
programs. The department shall not transfer funds, and the director of
financial management shall not approve the transfer, unless the
transfer
is consistent with the objective of conserving, to the maximum
extent possible, the expenditure of state funds and not federal funds.
The director of financial management shall notify the appropriate
fiscal committees of the senate and house of representatives in writing
seven days prior to approving any deviations from appropriation levels.
The written notification shall include a narrative explanation and
justification of the changes, along with expenditures and allotments by
budget unit and appropriation, both before and after any allotment
modifications or transfers.
*Sec. 223 2010 c 3 s 215 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF CORRECTIONS
(1) ADMINISTRATION AND SUPPORT SERVICES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($55,622,000))
$55,772,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($56,318,000))
$55,417,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($111,940,000))
$111,189,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) Within funds appropriated in this section, the department shall
seek contracts for chemical dependency vendors to provide chemical
dependency treatment of offenders in corrections facilities, including
corrections centers and community supervision facilities, which have
demonstrated effectiveness in treatment of offenders and are able to
provide data to show a successful treatment rate.
(b) $35,000 of the general fund--state appropriation for fiscal
year 2010 and $35,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the support of a statewide
council on mentally ill offenders that includes as its members
representatives of community-based mental health treatment programs,
current or former judicial officers, and directors and commanders of
city and county jails and state prison facilities. The council will
investigate and promote cost-effective approaches to meeting the long-term needs of adults and juveniles with mental disorders who have a
history of offending or who are at-risk of offending, including their
mental health, physiological, housing, employment, and job training
needs.
(2) CORRECTIONAL OPERATIONS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($456,657,000))
$458,503,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($626,303,000))
$600,657,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($185,131,000))
$186,719,000
((General Fund--Private/Local Appropriation . . . . . . . . . . . . $3,536,000))
Washington Auto Theft Prevention Authority Account--
State Appropriation . . . . . . . . . . . . (($5,960,000))
$5,936,000
State Efficiency and Restructuring Account--State
Appropriation . . . . . . . . . . . . $34,522,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,277,587,000))
$1,286,337,000
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 a recovery
of costs.
(b) The department 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.
(c) During the 2009-11 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.
(d) The Harborview medical center and the University of Washington
medical center shall provide inpatient and outpatient hospital services
to offenders confined in department of corrections facilities at a rate
no greater than the average rate that the department has negotiated
with other community hospitals in Washington state.
(e) A political subdivision which is applying for funding to
mitigate one-time impacts associated with construction or expansion of
a correctional institution, consistent with WAC 137-12A-030, may apply
for the mitigation funds in the fiscal biennium in which the impacts
occur or in the immediately succeeding fiscal biennium.
(f) Within amounts provided in this subsection, the department,
jointly with the department of social and health services, shall
identify the number of offenders released through the extraordinary
medical placement program, the cost savings to the department of
corrections, including estimated medical cost savings, and the costs
for medical services in the community incurred by the department of
social and health services. The department and the department of
social and health services shall jointly report to the office of
financial management and the appropriate fiscal committees of the
legislature by November 30, 2010.
(g) $11,863,000 of the general fund--state appropriation for fiscal
year 2010, $11,864,000 of the general fund--state appropriation for
fiscal year 2011, and $2,336,000 of the general fund-private/local
appropriation are provided solely for in-prison evidence-based programs
and for the reception diagnostic center program as part of the offender
re-entry initiative.
(h) The department shall appropriately transition offenders from
custody as close as possible to the offender's earned release date
without adversely affecting public safety. The number of offenders
held beyond their earned release date should not exceed the number of
offenders held beyond their earned release date in fiscal year 2008.
By June 1, 2010, the department shall provide a report on its offender
population to the office of financial management and the legislative
fiscal committees. The report shall include (i) an explanation for the
increase in the adult inmate population between the November 2009
forecast and the February 2010 forecast; (ii) an explanation for the
increase in the number of offenders held beyond their earned release
date between fiscal year 2008 and calendar year 2009; and (iii) a
description of the department's actions to reduce and maintain the
number of offenders held beyond their earned release date to the
population level from fiscal year 2008, and a timetable for achieving
that goal.
(i) The appropriations in this subsection are based on savings
assumed from decreasing the offender population at the McNeil Island
corrections center to 256 minimum security offenders, decreasing the
offender population at the Larch corrections center to 240 offenders,
the closure of the Ahtanum View corrections center, and the closure of
the Pine Lodge corrections center for women.
(3) COMMUNITY SUPERVISION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($151,249,000))
$150,729,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($141,785,000))
$139,945,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($293,034,000))
$290,674,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) The department 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) $2,083,000 of the general fund--state appropriation for fiscal
year 2010 and $2,083,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to implement Senate Bill No. 5525
(state institutions/release). If the bill is not enacted by June 30,
2009, the amounts provided in this subsection shall lapse.
(c) The appropriations in this subsection are based upon savings
assumed from the implementation of Engrossed Substitute Senate Bill No.
5288 (supervision of offenders).
(d) $2,791,000 of the general fund--state appropriation for fiscal
year 2010 and $3,166,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for evidence-based community
programs and for community justice centers as part of the offender re-entry initiative.
(e) $418,300 of the general fund--state appropriation for fiscal
year 2010 is provided solely for the purposes of settling all claims in
Hilda Solis, Secretary of Labor, United States Department of Labor v.
State of Washington, Department of Corrections, United States District
Court, Western District of Washington, Cause No. C08-cv-05362-RJB. The
expenditure of this amount is contingent on the release of all claims
in the case, and total settlement costs shall not exceed the amount
provided in this subsection. If settlement is not fully executed by
June 30, 2010, the amount provided in this subsection shall lapse.
(f) $984,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for supplemental services that will be
provided to offenders in lieu of a prison sentence, pursuant to chapter
224, Laws of 2010 (confinement alternatives).
(4) CORRECTIONAL INDUSTRIES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $2,574,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($2,565,000))
$2,547,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($5,139,000))
$5,121,000
The appropriations in this subsection are subject to the following
conditions and limitations: $132,000 of the general fund--state
appropriation for fiscal year 2010 and $132,000 of the general fund--state appropriation for fiscal year 2011 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 2010) . . . . . . . . . . . . (($40,455,000))
$40,728,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($40,450,000))
$40,084,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($80,905,000))
$80,812,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) The state prison institutions may use funds appropriated in
this subsection to rent uniforms from correctional industries in
accordance with existing legislative mandates.
(b) The state prison medical facilities may use funds appropriated
in this subsection to purchase goods and supplies through hospital or
other group purchasing organizations when it is cost effective to do
so.
*Sec. 223 was partially vetoed. See message at end of chapter.
Sec. 224 2009 c 564 s 224 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF SERVICES FOR THE BLIND
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($2,544,000))
$2,504,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($2,550,000))
$2,390,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($18,125,000))
$18,116,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($20,000))
$30,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($23,239,000))
$23,040,000
The amounts appropriated in this section are subject to the
following conditions and limitations: Sufficient amounts are
appropriated in this section to support contracts for services that
provide employment support and help with life activities for deaf and
blind individuals in King county.
Sec. 225 2010 c 3 s 216 (uncodified) is amended to read as
follows:
FOR THE SENTENCING GUIDELINES COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $962,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($960,000))
$948,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,922,000))
$1,910,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Within the amounts appropriated in this section, the sentencing
guidelines commission, in partnership with the courts, shall develop a
plan to implement an evidence-based system of community custody for
adult felons that will include the consistent use of evidence-based
risk and needs assessment tools, programs, supervision modalities, and
monitoring of program integrity. The plan for the evidence-based
system of community custody shall include provisions for identifying
cost-effective rehabilitative programs; identifying offenders for whom
such programs would be cost-effective; monitoring the system for cost-effectiveness; and reporting annually to the legislature. In
developing the plan, the sentencing guidelines shall consult with: The
Washington state institute for public policy; the legislature; the
department of corrections; local governments; prosecutors; defense
attorneys; victim advocate groups; law enforcement; the Washington
federation of state employees; and other interested entities. The
sentencing guidelines commission shall report its recommendations to
the governor and the legislature by December 1, 2009.
(2)(a) Except as provided in subsection (b), during the 2009-11
biennium, the reports required by RCW 9.94A.480(2) and 9.94A.850(2) (d)
and (h) shall be prepared within the available funds and may be delayed
or suspended at the discretion of the commission.
(b) The commission shall submit the analysis described in section
15 of Engrossed Substitute Senate Bill No. 5288 no later than December
1, 2011.
(3) Within the amounts appropriated in this section, the sentencing
guidelines commission shall survey the practices of other states
relating to offenders who violate any conditions of their community
custody. In conducting the survey, the sentencing guidelines
commission shall perform a review of the research studies to determine
if a mandatory minimum confinement policy is an evidence-based
practice, investigate the implementation of such a policy in other
states, and estimate the fiscal impacts of implementing such a policy
in Washington state. The sentencing guidelines commission shall report
its findings to the governor and the legislature by December 1, 2010.
Sec. 226 2009 c 564 s 226 (uncodified) is amended to read as
follows:
FOR THE EMPLOYMENT SECURITY DEPARTMENT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($7,054,000))
$2,054,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($53,000))
$5,053,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($320,561,000))
$324,135,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($33,825,000))
$33,640,000
Unemployment Compensation Administration
Account -- Federal Appropriation . . . . . . . . . . . . (($332,904,000))
$362,740,000
Administrative Contingency Account -- State
Appropriation . . . . . . . . . . . . (($293,000))
$345,000
Employment Service Administrative Account --
State Appropriation . . . . . . . . . . . . (($37,195,000))
$37,775,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($731,885,000))
$765,742,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(1) (($55,029,000)) $59,829,000 of the unemployment compensation
administration account -- federal appropriation is provided from amounts
made available to the state by section 903(d) and (f) of the social
security act (Reed act). This amount is authorized to continue current
unemployment insurance functions and department services to employers
and job seekers.
(2) $32,067,000 of the unemployment compensation administration
account--federal appropriation is provided from amounts made available
to the state by section 903(d) and (f) of the social security act (Reed
act). This amount is authorized to fund the replacement of the
unemployment insurance tax information system (TAXIS) for the
employment security department. This section is subject to section 902
of this act.
(3) $110,000 of the unemployment compensation administration
account--federal appropriation is provided solely for implementation of
Senate Bill No. 5804 (leaving part time work voluntarily). ((If the
bill is not enacted by June 30, 2009, the amounts provided in this
subsection shall lapse.))
(4) $1,263,000 of the unemployment compensation administration
account--federal appropriation is provided solely for implementation of
Senate Bill No. 5963 (unemployment insurance). ((If the bill is not
enacted by June 30, 2009, the amounts provided in this subsection shall
lapse.))
(5) $159,000 of the unemployment compensation account--federal
appropriation is provided solely for the implementation of House Bill
No. 1555 (underground economy) from funds made available to the state
by section 903(d) of the social security act (Reed act).
(6) (($293,000)) $295,000 of the administrative contingency--state
appropriation for fiscal year 2010 is provided solely for the
implementation of House Bill No. 2227 (evergreen jobs act). ((If the
bill is not enacted by June 30, 2009, the amounts provided in this
subsection shall lapse.))
(7) $7,000,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for the implementation of Senate Bill No.
5809 (WorkForce employment and training). ((If the bill is not enacted
by June 30, 2009, the amounts provided in this subsection shall
lapse.))
(8) $444,000 of the unemployment compensation administration
account--federal appropriation is provided solely for the
implementation of Substitute Senate Bill No. 6524 (unemployment
insurance penalties and contribution rates) from funds made available
to the state by section 903 (d) or (f) of the social security act (Reed
12 act). If the bill is not enacted by June 30, 2010, the amount
provided in this subsection shall lapse.
(9) $232,000 of the unemployment compensation administration
account--federal appropriation from funds made available to the state
by section 903(c) or (f) of the social security act (Reed act) is
provided solely for the implementation of Substitute House Bill No.
2789 (underground economic activity). If the bill is not enacted by
June 30, 2010, the amount provided in this subsection shall lapse.
Sec. 227 2009 c 564 s 221 (uncodified) is amended to read as
follows:
FOR THE HOME CARE QUALITY AUTHORITY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,229,000
((General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . $1,221,000))
TOTAL APPROPRIATION . . . . . . . . . . . . $2,450,000
Sec. 301 2009 c 564 s 301 (uncodified) is amended to read as
follows:
FOR THE COLUMBIA RIVER GORGE COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $441,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($445,000))
$440,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $30,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($864,000))
$845,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,780,000))
$1,756,000
Sec. 302 2010 c 3 s 301 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF ECOLOGY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($59,991,000))
$58,552,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($58,047,000))
$52,725,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($82,452,000))
$82,079,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($16,668,000))
$16,688,000
Special Grass Seed Burning Research Account -- State
Appropriation . . . . . . . . . . . . $14,000
Reclamation Account -- State Appropriation . . . . . . . . . . . . (($3,679,000))
$3,649,000
Flood Control Assistance Account -- State
Appropriation . . . . . . . . . . . . (($1,965,000))
$1,943,000
State Emergency Water Projects Revolving
Account--State Appropriation . . . . . . . . . . . . $240,000
Waste Reduction/Recycling/Litter Control -- State
Appropriation . . . . . . . . . . . . (($14,554,000))
$12,467,000
State Drought Preparedness Account--State
Appropriation . . . . . . . . . . . . $4,000,000
State and Local Improvements Revolving Account
(Water Supply Facilities) -- State Appropriation . . . . . . . . . . . . (($426,000))
$424,000
Freshwater Aquatic Algae Control Account -- State
Appropriation . . . . . . . . . . . . (($509,000))
$508,000
Water Rights Tracking System Account -- State
Appropriation . . . . . . . . . . . . $116,000
Site Closure Account -- State Appropriation . . . . . . . . . . . . (($706,000))
$922,000
Wood Stove Education and Enforcement Account --
State Appropriation . . . . . . . . . . . . $612,000
Worker and Community Right-to-Know Account --
State Appropriation . . . . . . . . . . . . (($1,670,000))
$1,663,000
State Toxics Control Account -- State
Appropriation . . . . . . . . . . . . (($101,705,000))
$106,642,000
State Toxics Control Account -- Private/Local
Appropriation . . . . . . . . . . . . (($383,000))
$379,000
Local Toxics Control Account -- State Appropriation . . . . . . . . . . . . (($24,730,000))
$24,690,000
Water Quality Permit Account -- State Appropriation . . . . . . . . . . . . (($37,433,000))
$37,018,000
Underground Storage Tank Account -- State
Appropriation . . . . . . . . . . . . (($3,298,000))
$3,270,000
Biosolids Permit Account -- State Appropriation . . . . . . . . . . . . (($1,413,000))
$1,866,000
Hazardous Waste Assistance Account -- State
Appropriation . . . . . . . . . . . . (($5,930,000))
$5,880,000
Air Pollution Control Account -- State Appropriation . . . . . . . . . . . . (($2,030,000))
$2,111,000
Oil Spill Prevention Account -- State Appropriation . . . . . . . . . . . . (($10,688,000))
$10,599,000
Air Operating Permit Account -- State Appropriation . . . . . . . . . . . . (($2,783,000))
$2,758,000
Freshwater Aquatic Weeds Account -- State
Appropriation . . . . . . . . . . . . (($1,699,000))
$1,693,000
Oil Spill Response Account -- State Appropriation . . . . . . . . . . . . (($7,078,000))
$7,077,000
Metals Mining Account -- State Appropriation . . . . . . . . . . . . $14,000
Water Pollution Control Revolving Account -- State
Appropriation . . . . . . . . . . . . (($465,000))
$535,000
Water Pollution Control Revolving Account -- Federal
Appropriation . . . . . . . . . . . . (($1,940,000))
$2,210,000
Water Rights Processing Account--State Appropriation . . . . . . . . . . . . $68,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($442,998,000))
$443,412,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $170,000 of the oil spill prevention account--state
appropriation is provided solely for a contract with the University of
Washington's sea grant program to continue an educational program
targeted to small spills from commercial fishing vessels, ferries,
cruise ships, ports, and marinas.
(2) $240,000 of the woodstove education and enforcement account--state appropriation is provided solely for citizen outreach efforts to
improve understanding of burn curtailments, the proper use of wood
heating devices, and public awareness of the adverse health effects of
woodsmoke pollution.
(3) $3,000,000 of the general fund--private/local appropriation is
provided solely for contracted toxic-site cleanup actions at sites
where multiple potentially liable parties agree to provide funding.
(4) $3,600,000 of the local toxics account--state appropriation is
provided solely for the standby emergency rescue tug stationed at Neah
Bay.
(5) $811,000 of the state toxics account--state appropriation is
provided solely for oversight of toxic cleanup at facilities that
treat, store, and dispose of hazardous wastes.
(6) $1,456,000 of the state toxics account--state appropriation is
provided solely for toxic cleanup at sites where willing parties
negotiate prepayment agreements with the department and provide
necessary funding.
(7) $558,000 of the state toxics account--state appropriation and
$3,000,000 of the local toxics account--state appropriation are
provided solely for grants and technical assistance to Puget Sound-area
local governments engaged in updating shoreline master programs.
(8) $950,000 of the state toxics control account--state
appropriation is provided solely for measuring water and habitat
quality to determine watershed health and assist salmon recovery,
beginning in fiscal year 2011.
(9) RCW 70.105.280 authorizes the department to assess reasonable
service charges against those facilities that store, treat, incinerate,
or dispose of dangerous or extremely hazardous waste that involves both
a nonradioactive hazardous component and a radioactive component.
Service charges may not exceed the costs to the department in carrying
out the duties in RCW 70.105.280. The current service charges do not
meet the costs of the department to carry out its duties. Pursuant to
RCW 43.135.055 and 70.105.280, the department is authorized to increase
the service charges no greater than 18 percent for fiscal year 2010 and
no greater than 15 percent for fiscal year 2011. Such service charges
shall include all costs of public participation grants awarded to
qualified entities by the department pursuant to RCW 70.105D.070(5) for
facilities at which such grants are recognized as a component of a
community relations or public participation plan authorized or required
as an element of a consent order, federal facility agreement or agreed
order entered into or issued by the department pursuant to any federal
or state law governing investigation and remediation of releases of
hazardous substances. Public participation grants funded by such
service charges shall be in addition to, and not in place of, any other
grants made pursuant to RCW 70.105D.070(5). Costs for the public
participation grants shall be billed individually to the mixed waste
facility associated with the grant.
(10) The department is authorized to increase the following fees in
the 2009-2011 biennium as necessary to meet the actual costs of
conducting business and the appropriation levels in this section:
Environmental lab accreditation, dam safety and inspection, biosolids
permitting, air emissions new source review, and manufacturer
registration and renewal.
(11) $63,000 of the state toxics control account--state
appropriation is provided solely for implementation of Substitute
Senate Bill No. 5797 (solid waste handling permits). If the bill is
not enacted by June 30, 2009, the amount provided in this subsection
shall lapse.
(12) $225,000 of the general fund--state appropriation for fiscal
year 2010 and $193,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for implementation of Engrossed
Second Substitute Bill No. 5560 (agency climate leadership). If the
bill is not enacted by June 30, 2009, the amounts provided in this
subsection shall lapse.
(13) $150,000 of the general fund--state appropriation for fiscal
year 2010 and $150,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for watershed planning
implementation grants to continue ongoing efforts to develop and
implement water agreements in the Nooksack Basin and the Bertrand
watershed. These amounts are intended to support project
administration; monitoring; negotiations in the Nooksack watershed
between tribes, the department, and affected water users; continued
implementation of a flow augmentation project; plan implementation in
the Fishtrap watershed; and the development of a water bank.
(14) $215,000 of the general fund--state appropriation for fiscal
year 2010 and $235,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to provide watershed planning
implementation grants for WRIA 32 to implement Substitute House Bill
No. 1580 (pilot local water management program). If the bill is not
enacted by June 30, 2009, the amounts provided in this subsection shall
lapse.
(15) $200,000 of the general fund--state appropriation for fiscal
year 2010 and $200,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the purpose of supporting the
trust water rights program and processing trust water right transfer
applications that improve instream flow.
(16)(a) The department shall convene a stock water working group
that includes: Legislators, four members representing agricultural
interests, three members representing environmental interests, the
attorney general or designee, the director of the department of ecology
or designee, the director of the department of agriculture or designee,
and affected federally recognized tribes shall be invited to send
participants.
(b) The group shall review issues surrounding the use of permit-exempt wells for stock-watering purposes and may develop
recommendations for legislative action.
(c) The working group shall meet periodically and report its
activities and recommendations to the governor and the appropriate
legislative committees by December 1, 2009.
(17) $73,000 of the water quality permit account--state
appropriation is provided solely to implement Substitute House Bill No.
1413 (water discharge fees). If the bill is not enacted by June 30,
2009, the amount provided in this subsection shall lapse.
(18) The department shall continue to work with the Columbia Snake
River irrigators' association to determine how seasonal water operation
and maintenance conservation can be utilized. In implementing this
proviso, the department shall also consult with the Columbia River
policy advisory group as appropriate.
(19) The department shall track any changes in costs, wages, and
benefits that would have resulted if House Bill No. 1716 (public
contract living wages), as introduced in the 2009 regular session of
the legislature, were enacted and made applicable to contracts and
related subcontracts entered into, renewed, or extended during the
2009-11 biennium. The department shall submit a report to the house of
representatives commerce and labor committee and the senate labor,
commerce, and consumer protection committee by December 1, 2011. The
report shall include data on any aggregate changes in wages and
benefits that would have resulted during the 2009-11 biennium.
(20) Within amounts appropriated in this section the department
shall develop recommendations by December 1, 2009, for a convenient and
effective mercury-containing light recycling program for residents,
small businesses, and small school districts throughout the state. The
department shall consider options including but not limited to, a
producer-funded program, a recycler-supported or recycle fee program,
a consumer fee at the time of purchase, general fund appropriations, or
a currently existing dedicated account. The department shall involve
and consult with stakeholders including persons who represent
retailers, waste haulers, recyclers, mercury-containing light
manufacturers or wholesalers, cities, counties, environmental
organizations and other interested parties. The department shall
report its findings and recommendations for a recycling program for
mercury-containing lights to the appropriate committees of the
legislature by December 1, 2009.
(21) ((During the 2009-11 biennium, the department shall implement
its cost reimbursement authority for processing water right
applications using a competitive bidding process. For each cost
reimbursement application, the department shall obtain cost proposals
and other necessary information from at least three prequalified costs
reimbursement consultants and shall select the lowest responsive
bidder.)) $140,000 of the freshwater aquatic algae control account--state appropriation is provided solely for grants to cities, counties,
tribes, special purpose districts, and state agencies for capital and
operational expenses used to manage and study excessive saltwater algae
with an emphasis on the periodic accumulation of sea lettuce on Puget
Sound beaches.
(22)
(((23))) (22) By December 1, 2009, the department in consultation
with local governments shall conduct a remedial action grant financing
alternatives report. The report shall address options for financing the
remedial action grants identified in the department's report, entitled
"House Bill 1761, Model Toxics Control Accounts Ten-Year Financing
Plan" and shall include but not be limited to the following: (a)
Capitalizing cleanup costs using debt insurance; (b) capitalizing
cleanup costs using prefunded cost-cap insurance; (c) other contractual
instruments with local governments; and (d) an assessment of overall
economic benefits of the remedial action grants funded using the
instruments identified in this section.
(23) $220,000 of the site closure account--state appropriation is
provided solely for litigation expenses associated with the lawsuit
filed by energy solutions, inc., against the Northwest interstate
compact on low-level radioactive waste management and its executive
director.
(24) $68,000 of the water rights processing account--state
appropriation is provided solely for implementation of Engrossed Second
Substitute Senate Bill No. 6267 (water rights processing). If the bill
is not enacted by June 30, 2010, the amount provided in this subsection
shall lapse.
(25) $10,000 of the state toxics control account--state
appropriation is provided solely for implementation of Engrossed
Substitute Senate Bill No. 5543 (mercury-containing lights). If the
bill is not enacted by June 30, 2010, the amount provided in this
subsection shall lapse.
(26) $300,000 of the state toxics control account--state
appropriation is provided solely for piloting and evaluating two
coordinated, multijurisdictional permitting teams for nontransportation
projects.
(27)(a) $4,000,000 of the state drought preparedness account--state
appropriation is provided solely for response to a drought declaration
pursuant to chapter 43.83B RCW. If such a drought declaration occurs,
the department of ecology may provide funding to public bodies as
defined in RCW 43.83B.050 in connection with projects and measures
designed to alleviate drought conditions that may affect public health
and safety, drinking water supplies, agricultural activities, or fish
and wildlife survival.
(b) Projects or measures for which funding will be provided must be
connected with a water system, water source, or water body that is
receiving, or has been projected to receive, less than seventy-five
percent of normal water supply, as the result of natural drought
conditions. This reduction in water supply must be such that it is
causing, or will cause, undue hardship for the entities or fish or
wildlife depending on the water supply. The department shall issue
guidelines outlining grant program and matching fund requirements
within ten days of a drought declaration.
*Sec. 303 2010 c 3 s 302 (uncodified) is amended to read as
follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($23,326,000))
$23,176,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($22,729,000))
$20,311,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($5,902,000))
$6,892,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $73,000
Winter Recreation Program Account -- State
Appropriation . . . . . . . . . . . . (($1,558,000))
$1,556,000
Off Road Vehicle Account -- State Appropriation . . . . . . . . . . . . $239,000
Snowmobile Account -- State Appropriation . . . . . . . . . . . . $4,842,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . (($363,000))
$368,000
Recreation Resources Account--State Appropriation . . . . . . . . . . . . $9,802,000
NOVA Program Account--State Appropriation . . . . . . . . . . . . $9,560,000
Parks Renewal and Stewardship Account -- State
Appropriation . . . . . . . . . . . . (($71,778,000))
$72,975,000
Parks Renewal and Stewardship Account --
Private/Local Appropriation . . . . . . . . . . . . $300,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($150,472,000))
$150,094,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $79,000 of the general fund -- state appropriation for fiscal
year 2010 and $79,000 of the general fund -- state appropriation for
fiscal year 2011 are provided solely for a grant for the operation of
the Northwest avalanche center.
(2) Proceeds received from voluntary donations given by motor
vehicle registration applicants shall be used solely for the operation
and maintenance of state parks.
(3) With the passage of Substitute House Bill No. 2339 (state parks
system donation), the legislature finds that it has provided sufficient
funds to ensure that all state parks remain open during the 2009-11
biennium. The commission shall not close state parks ((unless the bill
is not enacted by June 30, 2009, or revenue collections are
insufficient to fund the ongoing operation of state parks. By January
10, 2010, the commission shall provide a report to the legislature on
their budget and resources related to operating parks for the remainder
of the biennium)).
(4) The commission shall not close or transfer Tolmie state park.
(5) The commission shall work with the department of general
administration to evaluate the commission's existing leases with the
intention of increasing net revenue to state parks. The commission
shall provide to the office of financial management and the legislative
fiscal committees no later than September 30, 2009, a list of leases
the commission proposes be managed by the department of general
administration.
*Sec. 303 was partially vetoed. See message at end of chapter.
*Sec. 304 2009 c 564 s 304 (uncodified) is amended to read as
follows:
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($1,511,000))
$1,486,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,558,000))
$1,480,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($10,431,000))
$10,322,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $250,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $278,000
Firearms Range Account -- State Appropriation . . . . . . . . . . . . $39,000
Recreation Resources Account -- State Appropriation . . . . . . . . . . . . (($2,805,000))
$2,710,000
NOVA Program Account -- State Appropriation . . . . . . . . . . . . (($1,062,000))
$1,049,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($17,934,000))
$17,614,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $204,000 of the general fund--state appropriation for fiscal
year 2010 and $244,000 of the general fund-- state appropriation for
fiscal year 2011 are provided solely for the implementation of
Substitute House Bill No. 2157 (salmon recovery). If the bill is not
enacted by June 30, 2009, the amounts provided in this subsection shall
lapse.
(2) The recreation and conservation office, under the direction of
the salmon recovery funding board, shall assess watershed and regional-scale capacity issues relating to the support and implementation of
salmon recovery. The assessment shall examine priority setting and
incentives to further promote coordination to ensure that effective and
efficient mechanisms for delivery of salmon recovery funding board
funds are being utilized. The salmon recovery funding board shall
distribute its operational funding to the appropriate entities based on
this assessment.
(3) The recreation and conservation office shall negotiate an
agreement with the Puget Sound partnership to consolidate or share
certain administrative functions currently performed by each agency
independently. The agencies shall proportionately share the costs of
such shared functions. Examples of shared functions may include, but
are not limited to, support for personnel, information technology,
grant and contract management, invasive species work, legislative
coordination, and policy and administrative support of various boards
and councils.
(4) The biodiversity council shall be extended through fiscal year
2011.
*Sec. 304 was partially vetoed. See message at end of chapter.
Sec. 305 2009 c 564 s 305 (uncodified) is amended to read as
follows:
FOR THE ENVIRONMENTAL HEARINGS OFFICE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($1,079,000))
$1,108,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,074,000))
$1,104,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,153,000))
$2,212,000
The appropriations in this section are subject to the following
conditions and limitations: $46,000 of the general fund--state
appropriation for fiscal year 2010 is provided solely for tenant
improvement costs associated with moving the office to a new location.
*Sec. 306 2010 c 3 s 303 (uncodified) is amended to read as
follows:
FOR THE CONSERVATION COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($7,575,000))
$7,556,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($7,590,000))
$7,285,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,179,000))
$1,178,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($16,344,000))
$16,019,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) In order to maintain a high degree of customer service and
accountability for conservation districts, $125,000 is to support the
conservation commission's administrative activities related to the
processing of conservation district invoices and budgeting.
(2) $38,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely to the Kittitas conservation district for
infrastructure improvements to facilitate and enhance wildlife habitat
related to the wild horse coordinated resource management plan.
*Sec. 306 was partially vetoed. See message at end of chapter.
Sec. 307 2010 c 3 s 304 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($40,686,000))
$41,263,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($38,891,000))
$34,337,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($86,330,000))
$85,799,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($47,490,000))
$47,211,000
Off Road Vehicle Account -- State Appropriation . . . . . . . . . . . . (($415,000))
$413,000
Aquatic Lands Enhancement Account -- State
Appropriation . . . . . . . . . . . . (($6,757,000))
$6,739,000
Recreational Fisheries Enhancement -- State
Appropriation . . . . . . . . . . . . (($3,640,000))
$3,472,000
Warm Water Game Fish Account -- State Appropriation . . . . . . . . . . . . (($2,877,000))
$2,861,000
Eastern Washington Pheasant Enhancement Account --
State Appropriation . . . . . . . . . . . . (($848,000))
$851,000
Aquatic Invasive Species Enforcement Account --
State Appropriation . . . . . . . . . . . . $207,000
Aquatic Invasive Species Prevention Account --
State Appropriation . . . . . . . . . . . . (($844,000))
$833,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . (($76,178,000))
$86,878,000
Wildlife Account--Federal Appropriation . . . . . . . . . . . . $101,000
Wildlife Account--Private/Local Appropriation . . . . . . . . . . . . $39,000
Game Special Wildlife Account -- State Appropriation . . . . . . . . . . . . (($2,381,000))
$2,367,000
Game Special Wildlife Account -- Federal
Appropriation . . . . . . . . . . . . (($8,928,000))
$3,426,000
Game Special Wildlife Account -- Private/Local
Appropriation . . . . . . . . . . . . $487,000
Wildlife Rehabilitation Account -- State Appropriation . . . . . . . . . . . . (($270,000))
$269,000
Regional Fisheries Salmonid Recovery Account --
Federal Appropriation . . . . . . . . . . . . $5,001,000
Oil Spill Prevention Account -- State Appropriation . . . . . . . . . . . . (($884,000))
$876,000
Oyster Reserve Land Account -- State Appropriation . . . . . . . . . . . . (($918,000))
$916,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($324,032,000))
$324,346,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $294,000 of the aquatic lands enhancement account -- state
appropriation is provided solely for the implementation of hatchery
reform recommendations defined by the hatchery scientific review group.
(2) $355,000 of the general fund--state appropriation for fiscal
year 2010 and $422,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the department to implement a
pilot project with the Confederated Tribes of the Colville Reservation
to develop expanded recreational fishing opportunities on Lake Rufus
Woods and its northern shoreline and to conduct joint enforcement of
lake fisheries on Lake Rufus Woods and adjoining waters, pursuant to
state and tribal intergovernmental agreements developed under the
Columbia River water supply program. For the purposes of the pilot
project:
(a) A fishing permit issued to a nontribal member by the Colville
Tribes shall satisfy the license requirement of RCW 77.32.010 on the
waters of Lake Rufus Woods and on the north shore of Lake Rufus Woods;
(b) The Colville Tribes have agreed to provide to holders of its
nontribal member fishing permits a means to demonstrate that fish in
their possession were lawfully taken in Lake Rufus Woods;
(c) A Colville tribal member identification card shall satisfy the
license requirement of RCW 77.32.010 on all waters of Lake Rufus Woods;
(d) The department and the Colville Tribes shall jointly designate
fishing areas on the north shore of Lake Rufus Woods for the purposes
of enhancing access to the recreational fisheries on the lake; and
(e) The Colville Tribes have agreed to recognize a fishing license
issued under RCW 77.32.470 or RCW 77.32.490 as satisfying the nontribal
member fishing permit requirements of Colville tribal law on the
reservation portion of the waters of Lake Rufus Woods and at designated
fishing areas on the north shore of Lake Rufus Woods;
(3) Prior to submitting its 2011-2013 biennial operating and
capital budget request related to state fish hatcheries to the office
of financial management, the department shall contract with the
hatchery scientific review group (HSRG) to review this request. This
review shall: (a) Determine if the proposed requests are consistent
with HSRG recommendations; (b) prioritize the components of the
requests based on their contributions to protecting wild salmonid
stocks and meeting the recommendations of the HSRG; and (c) evaluate
whether the proposed requests are being made in the most cost effective
manner. The department shall provide a copy of the HSRG review to the
office of financial management with their agency budget proposal.
(4) Within existing funds, the department shall continue
implementing its capital program action plan dated September 1, 2007,
including the purchase of the necessary maintenance and support costs
for the capital programs and engineering tools. The department shall
report to the office of financial management and the appropriate
committees of the legislature, its progress in implementing the plan,
including improvements instituted in its capital program, by September
30, ((2011)) 2010.
(5) $1,232,000 of the state wildlife account--state appropriation
is provided solely to implement Substitute House Bill No. 1778 (fish
and wildlife). If the bill is not enacted by June 30, 2009, the amount
provided in this subsection shall lapse.
(6) $400,000 of the general fund -- state appropriation for fiscal
year 2010 and $400,000 of the general fund -- state appropriation for
fiscal year 2011 are provided solely for a state match to support the
Puget Sound nearshore partnership between the department and the U.S.
army corps of engineers.
(7) (($100,000)) $50,000 of the general fund--state appropriation
for fiscal year 2010 and (($100,000)) $50,000 of the general fund--state appropriation for fiscal year 2011 are provided solely for
removal of derelict gear in Washington waters.
(8) The department of fish and wildlife shall dispose of all
((fixed wing)) Cessna aircraft it currently owns. The proceeds from
the aircraft shall be deposited into the state wildlife account.
Disposal of the aircraft must occur no later than June 30, 2010. The
department shall coordinate with the department of natural resources on
the installation of fire surveillance equipment into its Partenavia
aircraft. The department shall make its Partenavia aircraft available
to the department of natural resources on a cost-reimbursement basis
for its use in coordinating fire suppression efforts. The two agencies
shall develop an interagency agreement that defines how they will share
access to the plane.
(9) $50,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for an electron project fish passage study
consistent with the recommendations and protocols contained in the 2008
electron project downstream fish passage final report.
(10) $60,000 of the general fund--state appropriation for fiscal
year 2010 and $60,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for implementation of Engrossed
Second Substitute Bill No. 5560 (agency climate leadership). If the
bill is not enacted by June 30, 2009, the amounts provided in this
subsection shall lapse.
(11) If sufficient new revenues are not identified to continue
hatchery operations, within the constraints of legally binding tribal
agreements, the department shall dispose of, by removal, sale, lease,
reversion, or transfer of ownership, the following hatcheries:
McKernan, Colville, Omak, Bellingham, Arlington, and Mossyrock.
Disposal of the hatcheries must occur by June 30, 2011, and any
proceeds received from disposal shall be deposited in the state
wildlife account. Within available funds, the department shall provide
quarterly reports on the progress of disposal to the office of
financial management and the appropriate fiscal committees of the
legislature. The first report shall be submitted no later than
September 30, 2009.
(12) $100,000 of the eastern Washington pheasant enhancement
account--state appropriation is provided solely for the department to
support efforts to enhance permanent and temporary pheasant habitat on
public and private lands in Grant, Franklin, and Adams counties. The
department may support efforts by entities including conservation
districts, nonprofit organizations, and landowners, and must require
such entities to provide significant nonstate matching resources, which
may be in the form of funds, material, or labor.
(13) Within the amounts appropriated in this section, the
department of fish and wildlife shall develop a method for allocating
its administrative and overhead costs proportionate to program fund
use. As part of its 2011-2013 biennial operating budget, the
department shall submit a decision package that rebalances expenditure
authority for all agency funds based upon proportionate contributions.
(14) Within the amounts appropriated in this section, the
department shall identify additional opportunities for partnerships in
order to keep fish hatcheries operational. Such partnerships shall aim
to maintain fish production and salmon recovery with less reliance on
state operating funds.
(15) Within the amounts appropriated in this section, the
department shall work with stakeholders to develop a long-term funding
model that sustains the department's work of conserving species and
habitat, providing sustainable recreational and commercial
opportunities and using sound business practices. The funding model
analysis shall assess the appropriate uses of each fund source and
whether the department's current and projected revenue levels are
adequate to sustain its current programs. The department shall report
its recommended funding model including supporting analysis and
stakeholder participation summary to the office of financial management
and the appropriate committees of the legislature by October 1, 2010.
(16) By October 1, 2010, the department shall enter into an
interagency agreement with the department of natural resources for land
management services for the department's wildlife conservation and
recreation lands. Land management services may include but are not
limited to records management, real estate services such as surveying,
and land acquisition and disposal services. The interagency agreement
shall describe business processes, service delivery expectations, cost,
and timing. In the agreement, the department shall define its roles
and responsibilities. A draft agreement shall be submitted to the
office of financial management and the appropriate fiscal committees of
the legislature by July 1, 2010.
(17) Prior to opening game management unit 490 to public hunting,
the department shall complete an environmental impact statement that
includes an assessment of how public hunting activities will impact the
ongoing protection of the public water supply.
(18) The department must work with appropriate stakeholders to
facilitate the disposition of salmon to best utilize the resource,
increase revenues to regional fisheries enhancement groups, and enhance
the provision of nutrients to food banks. By November 1, 2010, the
department must provide a report to the appropriate committees of the
legislature summarizing these discussions, outcomes, and
recommendations. After November 1, 2010, the department shall not
solicit or award a surplus salmon disposal contract without first
giving due consideration to implementing the recommendations developed
during the stakeholder process.
(19) $50,000 of the general fund--state appropriation for fiscal
year
2011 is provided solely for increased fish production at Voight
Creek hatchery.
*Sec. 308 2009 c 564 s 308 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($40,275,000))
$48,822,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($40,857,000))
$37,513,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($26,731,000))
$28,784,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($1,371,000))
$2,369,000
Forest Development Account -- State Appropriation . . . . . . . . . . . . (($41,765,000))
$41,640,000
Off Road Vehicle Account -- State Appropriation . . . . . . . . . . . . (($4,236,000))
$4,406,000
Surveys and Maps Account -- State Appropriation . . . . . . . . . . . . (($2,543,000))
$2,332,000
Aquatic Lands Enhancement Account -- State
Appropriation . . . . . . . . . . . . (($7,217,000))
$8,315,000
Resources Management Cost Account -- State
Appropriation . . . . . . . . . . . . (($78,951,000))
$78,704,000
Surface Mining Reclamation Account -- State
Appropriation . . . . . . . . . . . . (($3,490,000))
$3,494,000
Disaster Response Account -- State Appropriation . . . . . . . . . . . . $5,000,000
Forest and Fish Support Account -- State Appropriation . . . . . . . . . . . . $8,000,000
Aquatic Land Dredged Material Disposal Site
Account -- State Appropriation . . . . . . . . . . . . (($1,336,000))
$1,333,000
Natural Resources Conservation Areas Stewardship
Account -- State Appropriation . . . . . . . . . . . . (($34,000))
$184,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . (($80,000))
$720,000
Air Pollution Control Account -- State Appropriation . . . . . . . . . . . . (($569,000))
$568,000
NOVA Program Account -- State Appropriation . . . . . . . . . . . . (($982,000))
$974,000
Derelict Vessel Removal Account -- State
Appropriation . . . . . . . . . . . . (($1,754,000))
$1,749,000
Agricultural College Trust Management Account --
State Appropriation . . . . . . . . . . . . (($2,643,000))
$1,941,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($267,834,000))
$276,848,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,355,000 of the general fund -- state appropriation for fiscal
year 2010 and (($1,299,000)) $349,000 of the general fund -- state
appropriation for fiscal year 2011 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.
(2) (($11,128,000)) $22,670,000 of the general fund -- state
appropriation for fiscal year 2010, $11,128,000 of the general fund -- state appropriation for fiscal year 2011, and $5,000,000 of the
disaster response account -- state appropriation are provided solely for
emergency fire suppression. None of the general fund and disaster
response account amounts provided in this subsection may be used to
fund agency indirect and administrative expenses. Agency indirect and
administrative costs shall be allocated among the agency's remaining
accounts and appropriations. The department of natural resources shall
submit a quarterly report to the office of financial management and the
legislative fiscal committees detailing information on current and
planned expenditures from the disaster response account. This work
shall be done in coordination with the military department.
(3) $5,000,000 of the forest and fish support account--state
appropriation is provided solely for adaptive management, monitoring,
and participation grants to tribes. If federal funding for this
purpose is reinstated, the amount provided in this subsection shall
lapse.
(4) $600,000 of the derelict vessel removal account--state
appropriation is provided solely for removal of derelict and abandoned
vessels that have the potential to contaminate Puget Sound.
(5) $666,000 of the general fund--federal appropriation is provided
solely to implement House Bill No. 2165 (forest biomass energy
project). If the bill is not enacted by June 30, 2009, the amount
provided in this subsection shall lapse.
(6) $5,000 of the general fund--state appropriation for fiscal year
2010 and $5,000 of the general fund--state appropriation for fiscal
year 2011 are provided solely to implement Substitute House Bill No.
1038 (specialized forest products). If the bill is not enacted by June
30, 2009, the amounts provided in this subsection shall lapse.
(7) $440,000 of the state general fund--state appropriation for
fiscal year 2010 and $440,000 of the state general fund--state
appropriation for fiscal year 2011 are provided solely for forest work
crews that support correctional camps and are contingent upon
continuing operations of Naselle youth camp at the level provided in
fiscal year 2008. The department shall consider using up to $2,000,000
of the general fund--federal appropriation to support and utilize
correctional camp crews to implement natural resource projects approved
by the federal government for federal stimulus funding.
(8) The department of natural resources shall dispose of the King
Air aircraft it currently owns. Before disposal and within existing
funds, the department shall transfer specialized equipment for fire
surveillance to the department of fish and wildlife's Partenavia
aircraft. Disposal of the aircraft must occur no later than June 30,
2010, and the proceeds from the sale of the aircraft shall be deposited
into the ((natural resources equipment revolving fund)) forest and fish
support account. ((At the expiration of current leases)) No later than
June 30, 2011, the department shall lease facilities in eastern
Washington sufficient to house the necessary aircraft, mechanics, and
pilots used for forest fire prevention and suppression.
(9) $30,000 of the general fund--state appropriation for fiscal
year 2010 and $30,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for implementation of Engrossed
Second Substitute Bill No. 5560 (agency climate leadership). If the
bill is not enacted by June 30, 2009, the amounts provided in this
subsection shall lapse.
(10) $1,030,000 of the aquatic lands enhancement account--state
appropriation for fiscal year 2011 is provided solely for continuing
scientific studies already underway as part of the adaptive management
process. Funds may not be used to initiate new studies unless the
department secures new federal funding for the adaptive management
process.
(11) Within available funds, the department of natural resources
shall review the statutory method for determining aquatic lands lease
rates for private marinas, public marinas not owned and operated by
port districts, yacht clubs, and other entities leasing state land for
boat moorage. The review shall consider alternative methods for
determining rents for these entities for a fair distribution of rent,
consistent with the department management mandates for state aquatic
lands.
(12) $40,000 of the general fund--state appropriation for fiscal
year 2011 and $100,000 of the aquatic lands enhancement account--state
appropriation are provided solely to install up to twenty mooring buoys
in Eagle Harbor and to remove abandoned boats, floats, and other
trespassing structures.
(13) By October 1, 2010, the department shall enter into an
interagency agreement with the department of fish and wildlife for
providing land management services on the department of fish and
wildlife's wildlife conservation and recreation lands. Land management
services may include but are not limited to records management, real
estate services such as surveying, and land acquisition and disposal
services. The interagency agreement shall describe business processes,
service delivery expectations, cost, and timing. A draft agreement
shall be submitted to the office of financial management and the
appropriate fiscal committees of the legislature by July 1, 2010.
(14) $41,000 of the forest development account--state
appropriation, $44,000 of the resources management cost account--state
appropriation, and $2,000 of the agricultural college trust management
account--state appropriation are provided solely for the implementation
of Second Substitute House Bill No. 2481 (DNR forest biomass
agreements). If the bill is not enacted by June 30, 2010, the amount
provided in this subsection shall lapse.
(15) The department may not include shellfish growers in its
aquatic habitat conservation plan if those growers have been issued a
federal nationwide or individual permit by the United States army corps
of engineers, in consultation with the United States fish and wildlife
service and the national marine fisheries service, which concludes that
shellfish cultivation activities on department-managed aquatic lands
will not pose jeopardy to threatened or endangered species under the
federal endangered species act.
*Sec. 308 was partially vetoed. See message at end of chapter.
Sec. 309 2010 c 3 s 305 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF AGRICULTURE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($12,329,000))
$12,320,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($11,271,000))
$16,219,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($11,565,000))
$20,947,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($194,000))
$193,000
Aquatic Lands Enhancement Account -- State
Appropriation . . . . . . . . . . . . (($2,559,000))
$2,551,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . (($4,298,000))
$4,724,000
Water Quality Permit Account -- State Appropriation . . . . . . . . . . . . $61,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($42,277,000))
$57,015,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $350,000 of the aquatic lands enhancement account appropriation
is provided solely for funding to the Pacific county noxious weed
control board to eradicate remaining spartina in Willapa Bay.
(2) $19,000 of the general fund--state appropriation for fiscal
year 2010 and $6,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to implement Substitute Senate
Bill
No. 5797 (solid waste handling permits). If the bill is not
enacted by June 30, 2009, the amounts provided in this subsection shall
lapse.
(3) The department is authorized to establish or increase the
following fees in the 2009-11 biennium as necessary to meet the actual
costs of conducting business: Christmas tree grower licensing, nursery
dealer licensing, plant pest inspection and testing, and commission
merchant licensing.
(4) $5,420,000 of the general fund--state appropriation for fiscal
year 2011 and $2,782,000 of the general fund--federal appropriation are
provided solely for implementation of Substitute Senate Bill No. 6341
(food assistance/department of agriculture). Within amounts
appropriated in this subsection, $65,000 of the general fund--state
appropriation for fiscal year 2011 is 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 this contract. If the bill is
not enacted by June 30, 2010, the amounts provided in this subsection
shall lapse.
(5) The department shall, if public or private funds are available,
partner with eligible public and private entities with experience in
food collection and distribution to review funding sources for eight
full-time volunteers in the AmeriCorps VISTA program to conduct
outreach to local growers, agricultural donors, and community
volunteers. Public and private partners shall also be utilized to
coordinate gleaning unharvested tree fruits and fresh produce for
distribution to individuals throughout Washington state.
(6) When reducing laboratory activities and functions, the
department shall not impact any research or analysis pertaining to
bees.
Sec. 310 2009 c 564 s 310 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON POLLUTION LIABILITY REINSURANCE PROGRAM
Pollution Liability Insurance Program Trust
Account -- State Appropriation . . . . . . . . . . . . (($638,000))
$636,000
Sec. 311 2010 c 3 s 306 (uncodified) is amended to read as
follows:
FOR THE PUGET SOUND PARTNERSHIP
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($3,172,000))
$3,143,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($3,143,000))
$2,864,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($3,623,000))
$7,214,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . (($500,000))
$493,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . (($896,000))
$794,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($11,334,000))
$14,508,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $305,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for measuring water and habitat quality to
determine watershed health and assist salmon recovery.
(2) (($896,000)) $794,000 of the state toxics control account--state appropriation is provided solely for activities that contribute
to Puget Sound protection and recovery, including provision of
independent advice and assessment of the state's oil spill prevention,
preparedness, and response programs, including review of existing
activities and recommendations for any necessary improvements. The
partnership may carry out this function through an existing committee,
such as the ecosystem coordination board or the leadership council, or
may appoint a special advisory council. Because this is a unique
statewide program, the partnership may invite participation from
outside the Puget Sound region.
(3) Within the amounts appropriated in this section, the Puget
Sound partnership shall facilitate an ongoing monitoring consortium to
integrate monitoring efforts for storm water, water quality, watershed
health, and other indicators to enhance monitoring efforts in Puget
Sound.
(4) The Puget Sound partnership shall work with Washington State
University and the environmental protection agency to secure funding
for the beach watchers program.
(5) (($877,000)) $839,000 of the general fund--state appropriation
for fiscal year 2010 and (($877,000)) $764,000 of the general fund--state appropriation for fiscal year 2011 are provided solely to support
public education and volunteer programs. The partnership is directed
to distribute the majority of funding as grants to local organizations,
local governments, and education, communication, and outreach network
partners. The partnership shall track progress for this activity
through the accountability system of the Puget Sound partnership.
(6) The Puget Sound partnership shall negotiate an agreement with
the recreation and conservation office to consolidate or share certain
administrative functions currently performed by each agency
independently. The agencies shall proportionately share the costs of
such shared functions. Examples of shared functions may include, but
are not limited to, support for personnel, information technology,
grant and contract management, invasive species work, legislative
coordination, and policy and administrative support of various boards
and councils.
Sec. 401 2010 c 3 s 401 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF LICENSING
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,436,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,535,000))
$1,524,000
Architects' License Account -- State Appropriation . . . . . . . . . . . . (($767,000))
$923,000
Professional Engineers' Account -- State
Appropriation . . . . . . . . . . . . (($3,586,000))
$3,568,000
Real Estate Commission Account -- State Appropriation . . . . . . . . . . . . (($10,047,000))
$9,987,000
Master License Account -- State Appropriation . . . . . . . . . . . . $15,718,000
Uniform Commercial Code Account -- State Appropriation . . . . . . . . . . . . (($3,100,000))
$3,090,000
Real Estate Education Account -- State Appropriation . . . . . . . . . . . . $276,000
Real Estate Appraiser Commission Account -- State
Appropriation . . . . . . . . . . . . (($1,692,000))
$1,683,000
Business and Professions Account -- State
Appropriation . . . . . . . . . . . . (($15,270,000))
$15,188,000
Real Estate Research Account -- State Appropriation . . . . . . . . . . . . (($320,000))
$471,000
Geologists' Account -- State Appropriation . . . . . . . . . . . . $53,000
Derelict Vessel Removal Account -- State Appropriation . . . . . . . . . . . . $31,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($53,831,000))
$53,948,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Pursuant to RCW 43.135.055, the department is authorized to
increase fees for cosmetologists, funeral directors, cemeteries, court
reporters and appraisers. These increases are necessary to support the
expenditures authorized in this section, consistent with RCW 43.24.086.
(2) $1,352,000 of the business and professions account--state
appropriation is provided solely to implement Substitute Senate Bill
No. 5391 (tattoo and body piercing). If the bill is not enacted by
June 30, 2009, the amount provided in this subsection shall lapse.
(3) $358,000 of the business and professions account--state
appropriation is provided solely to implement Senate Bill No. 6126
(professional athletics). If the bill is not enacted by June 30, 2009,
the amount provided in this subsection shall lapse.
(4) $151,000 of the real estate research account appropriation is
provided solely to implement chapter 156, Laws of 2010 (real estate
broker licensure fees).
(5) $158,000 of the architects' license account--state
appropriation is provided solely to implement chapter 129, Laws of 2010
(architect licensing).
(6) $60,000 of the master license account--state appropriation is
provided solely to implement chapter 174, Laws of 2010 (vaccine
association). The amount provided in this subsection shall be from fee
revenue authorized in chapter 174, Laws of 2010.
Sec. 402 2010 c 3 s 402 (uncodified) is amended to read as
follows:
FOR THE STATE PATROL
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($40,668,000))
$38,977,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($39,566,000))
$36,059,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($11,401,000))
$15,793,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($3,568,000))
$4,986,000
Death Investigations Account -- State Appropriation . . . . . . . . . . . . (($6,022,000))
$5,580,000
Enhanced 911 Account -- State Appropriation . . . . . . . . . . . . (($589,000))
$603,000
County Criminal Justice Assistance Account -- State
Appropriation . . . . . . . . . . . . (($3,122,000))
$3,146,000
Municipal Criminal Justice Assistance Account -- State
Appropriation . . . . . . . . . . . . (($1,245,000))
$1,255,000
Fire Service Trust Account -- State Appropriation . . . . . . . . . . . . $131,000
Disaster Response Account -- State Appropriation . . . . . . . . . . . . $8,002,000
Fire Service Training Account -- State Appropriation . . . . . . . . . . . . (($8,717,000))
$8,821,000
Aquatic Invasive Species Enforcement Account -- State
Appropriation . . . . . . . . . . . . $54,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . (($504,000))
$509,000
Fingerprint Identification Account -- State
Appropriation . . . . . . . . . . . . (($7,371,000))
$10,454,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($130,960,000))
$134,370,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $200,000 of the fire service training account -- state
appropriation is provided solely for two FTEs in the office of the
state director of fire protection 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.
(2) $8,000,000 of the disaster response account--state
appropriation is provided solely for Washington state fire service
resource mobilization costs incurred in response to an emergency or
disaster authorized under RCW 43.43.960 and 43.43.964. The state
patrol shall submit a report quarterly to the office of financial
management and the legislative fiscal committees detailing information
on current and planned expenditures from this account. This work shall
be done in coordination with the military department.
(3) The 2010 legislature will review the use of king air planes by
the executive branch and the adequacy of funding in this budget
regarding maintaining and operating the planes to successfully
accomplish their mission.
(4) The appropriations in this section reflect reductions in the
appropriations for the agency's administrative expenses. It is the
intent of the legislature that these reductions shall be achieved, to
the greatest extent possible, by reducing those administrative costs
that do not affect direct client services or direct service delivery or
programs.
(5) $400,000 of the fire service training account--state
appropriation is provided solely for the firefighter apprenticeship
training program.
(6) $48,000 of the fingerprint identification account--state
appropriation is provided solely to implement Substitute House Bill No.
1621 (consumer loan companies). If the bill is not enacted by June 30,
2009, the amounts provided in this subsection shall lapse.
(7) In accordance with RCW 43.43.942, 46.52.085, and 43.135.055,
the state patrol is authorized to increase the following fees in fiscal
year 2011 as necessary to meet the actual costs of conducting business
and the appropriation levels in this section: Collision records
requests; fire training academy courses; and fire training academy dorm
accommodations.
(8) $24,000 of the fingerprint identification account--state
appropriation is provided solely for implementation of chapter 47, Laws
of 2010 (criminal background checks).
*Sec. 501 2009 c 564 s 501 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($34,798,000))
$35,415,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($32,969,000))
$33,610,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($86,571,000))
$87,081,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($154,338,000))
$156,106,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) A maximum of (($22,532,000)) $23,096,000 of the general fund--state appropriation for fiscal year 2010 and (($21,023,000))
$21,926,000 of the general fund--state appropriation for fiscal year
2011 is for state agency operations.
(a) (($11,792,000)) $11,226,000 of the general fund -- state
appropriation for fiscal year 2010 and (($11,325,000)) $10,367,000 of
the general fund -- state appropriation for fiscal year 2011 are provided
solely for the operation and expenses of the office of the
superintendent of public instruction.
(i) 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.
(ii) Within amounts appropriated in this subsection (1)(a), the
office of the superintendent of public instruction, consistent with WAC
392-121-182 (alternative learning experience requirements) which
requires documentation of alternative learning experience student
headcount and full-time equivalent (FTE) enrollment claimed for basic
education funding, shall provide, ((via the)) monthly ((report of
school district enrollment)), accurate monthly headcount and FTE
enrollments for students in ((internet)) alternative learning
experience (ALE) programs as well as information about resident and
serving districts.
(iii) Within amounts provided in this subsection (1)(a), the state
superintendent of public instruction shall share best practices with
school districts regarding strategies for increasing efficiencies and
economies of scale in school district noninstructional operations
through shared service arrangements and school district cooperatives,
as well as other practices.
(b) $250,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for a statewide school district
reorganization commission.
(i) The commission shall develop and recommend a comprehensive plan
for the reorganization of Washington school districts for review and
potential adoption by the legislature.
(ii) The commission shall be composed of the following members: A
representative of the state board of education selected by the members
of the board; two representatives of school administrators selected by
the Washington association of school administrators, with one
representative each from eastern and western Washington; two
representatives of school board directors selected by the Washington
state school directors' association, with one representative each from
eastern and western Washington; one representative of certificated
instructional school employees selected by the Washington education
association; an individual with experience as a demographer or as a
participant on the redistricting commission under chapter 44.05 RCW
selected by the governor.
(iii) The commission shall develop objective criteria, ranked in
priority order, for the reorganization of Washington school districts
to include consideration of but not be limited to criteria in RCW
28A.315.015 and 28A.315.205. Based on the adopted objective criteria,
the commission shall develop a comprehensive plan for the
reorganization and reduction of Washington school districts. The plan
may also result in a reorganization of the number and boundaries of
educational service districts.
(iv) The commission shall submit a final comprehensive school
district reorganization plan to the superintendent of public
instruction, the governor, and the legislature by December 1, 2012, to
include the following: A list of the recommended school districts and
educational service districts and their respective boundaries;
recommended procedures and timelines for phased-in implementation of
the reorganization plan; procedures and timelines for determination,
adjustment, and transfer of assets and liabilities among school
districts, including bonded indebtedness; procedures and timelines for
determination and election of school district and educational service
district boards of directors; and any other relevant elements the
commission deems essential for legislative and gubernatorial
consideration.
(c) $25,000 of the general fund--state appropriation for fiscal
year 2011 is provided to the office of the superintendent of public
instruction solely to convene a science, technology, engineering, and
mathematics (STEM) working group to develop a comprehensive plan with
a shared vision, goals, and measurable objectives to improve policies
and practices to ensure that a pathway is established for elementary
schools, middle schools, high schools, postsecondary degree programs,
and careers in the areas of STEM, including improving practices for
recruiting, preparing, hiring, retraining, and supporting teachers and
instructors while creating pathways to boost student success, close the
achievement gap, and prepare every student to be college and career
ready. The working group shall be composed of the director of STEM at
the office of the superintendent of public instruction who shall be the
chair of the working group, and at least one representative from the
state board of education, professional educator standards board, state
board of community and technical colleges, higher education
coordinating board, workforce training and education coordinating
board, the achievement gap oversight and accountability committee, and
others with appropriate expertise. The working group shall develop a
comprehensive plan and a report with recommendations, including a
timeline for specific actions to be taken, which is due to the governor
and the appropriate committees of the legislature by December 1, 2010.
(d) (($927,000)) $920,000 of the general fund--state appropriation
for fiscal year 2010 and $941,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for research and
development activities associated with the development of options for
new school finance systems, including technical staff, reprogramming,
and analysis of alternative student funding formulae. Within this
amount is $150,000 for the state board of education for further
development of accountability systems, and $150,000 for the
professional educator standards board for continued development of
teacher certification and evaluation systems.
(((b))) (e) $965,000 of the general fund -- state appropriation for
fiscal year 2010 and (($965,000)) $946,000 of the general fund -- state
appropriation for fiscal year 2011 are provided solely for the
operation and expenses of the state board of education, including basic
education assistance activities.
(((c))) (f) $5,366,000 of the general fund--state appropriation for
fiscal year 2010 and (($5,264,000)) $3,312,000 of the general fund--state appropriation for fiscal year 2011 are provided solely to the
professional educator standards board for the following:
(i) $1,070,000 in fiscal year 2010 and (($1,070,000)) $1,058,000 in
fiscal year 2011 are for the operation and expenses of the Washington
professional educator standards board((, including administering the
alternative routes to certification program, pipeline for paraeducators
conditional scholarship loan program, and the retooling to teach math
conditional loan program));
(ii) (($3,431,000)) $4,106,000 of the general fund--state
appropriation for fiscal year 2010 and (($3,431,000)) $2,066,000 of the
general fund--state appropriation for fiscal year 2011 are for
conditional scholarship loans and mentor stipends provided through the
alternative routes to certification program administered by the
professional educator standards board, including the pipeline for
paraeducators program and the retooling to teach conditional loan
programs. Funding within this subsection (1)(f)(ii) is also provided
for the recruiting Washington teachers program. ((Of these amounts:)) (iii) $102,000 of the general fund--state appropriation for
fiscal year 2010 is provided for the implementation of Second
Substitute Senate Bill No. 5973 (student achievement gap). ((
(A) $500,000 each year is for conditional scholarships to
candidates seeking an endorsement in special education, math, science,
or bilingual education;
(B) $2,372,000 for fiscal year 2010 and $2,372,000 for fiscal year
2011 are for the expansion of conditional scholarship loans and mentor
stipends for individuals enrolled in alternative route state
partnership programs and seeking endorsements in math, science, special
education or bilingual education;
(C) Any remaining amounts in this subsection (c) shall be used to
continue existing alternative routes to certification programs; and
(D) Candidates seeking math and science endorsements under (A) and
(B) of this subsection shall receive priority for funding;
(iii) $231,000 of the general fund--state appropriation for fiscal
year 2010 and $231,000 of the general fund--state appropriation for
fiscal year 2011 are for the recruiting Washington teachers program;
(iv) $200,000 of the general fund--state appropriation for fiscal
year 2010 and $200,000 of the general fund--state appropriation for
fiscal year 2011 provided in this subsection are for $4,000 conditional
loan stipends for paraeducators participating in the pipeline for
paraeducators program;
(v) $244,000 of the general fund--state appropriation for fiscal
year 2010 and $244,000 of the general fund--state appropriation for
fiscal year 2011 are for conditional stipends for certificated teachers
pursuing a mathematics or science endorsement under the retooling to
teach mathematics or science program. The conditional stipends shall
be for endorsement exam fees as well as stipends for teachers who must
also complete coursework; and
(vi)The
professional educator standards board (PESB) will convene a workgroup
to identify a list of model standards for cultural competency and make
recommendations to the education committees of the legislature on the
strengths and weaknesses of those standards. Funding is also included
here in the amount of $10,000 for the PESB to develop an interagency
agreement with the center for the improvement of student learning to
participate.)) $100,000 of the general fund--state appropriation
for fiscal year 2011 is provided solely for the ongoing work of the
achievement gap oversight and accountability committee and
implementation of the committee's recommendations.
(d) $1,099,000
(iv) During the 2009-2011 fiscal biennium, the professional
educator standards board is exempt from the provisions of chapter 7,
Laws of 2010 1st sp. sess. (eliminating boards and commissions).
(g) $1,349,000 of the general fund -- state appropriation for fiscal
year 2010 and $144,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for replacement of the
apportionment system, which includes the processes that collect school
district budget and expenditure information, staffing characteristics,
and the student enrollments that drive the funding process.
(((e) $1,227,000)) (h) $1,140,000 of the general fund--state
appropriation for fiscal year 2010 and $1,227,000 of the general fund -- state appropriation for fiscal year 2011 are provided solely for the
creation of a statewide data base of longitudinal student information.
This amount is conditioned on the department satisfying the
requirements in section 902 of this act.
(((f))) (i) $75,000 of the general fund -- state appropriation for
fiscal year 2010 ((and $75,000 of the general fund--state appropriation
for fiscal year 2011 are)) is provided solely to promote the financial
literacy of students. The effort will be coordinated through the
financial education public-private partnership. It is expected that
nonappropriated funds available to the public-private partnership will
be sufficient to continue financial literacy activities.
(((g))) (j) To the maximum extent possible, in adopting new agency
rules or making any changes to existing rules or policies related to
the fiscal provisions in the administration of part V of this act, the
office of the superintendent of public instruction shall attempt to
request approval through the normal legislative budget process.
(((h))) (k) $44,000 of the general fund--state appropriation for
fiscal year 2010 and $45,000 of the general fund--state appropriation
for fiscal year 2011 are provided solely for the implementation of
Substitute Senate Bill No. 5248 (enacting the interstate compact on
educational opportunity for military children).
(((i))) (l) $700,000 of the general fund--state appropriation for
fiscal year 2010 and $700,000 of the general fund--state appropriation
for fiscal year 2011 are provided solely for the implementation of
Substitute Senate Bill No. 5410 (online learning).
(((j))) (m) $25,000 of the general fund--state appropriation for
fiscal year 2010 and $25,000 of the general fund--state appropriation
for fiscal year 2011 are provided solely for project citizen, a program
sponsored by the national conference of state legislatures and the
center for civic education to promote participation in government by
middle school students.
(n) $2,518,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the implementation of Substitute House
Bill No. 2776 (K-12 education funding). If the bill is not enacted by
June 30, 2010, the amount provided in this subsection shall lapse.
(o) $133,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the implementation of Engrossed Second
Substitute House Bill No. 3026 (state and federal civil rights laws).
If the bill is not enacted by June 30, 2010, the amount provided in
this subsection shall lapse.
(p) Beginning in the 2010-11 school year, the superintendent of
public instruction shall require all districts receiving general
apportionment funding for alternative learning experience (ALE)
programs as defined in WAC 392-121-182 to provide separate financial
accounting of expenditures for the ALE programs offered in district or
with a provider, including but not limited to private companies and
multidistrict cooperatives.
(q) $55,000 of the general fund--state appropriation for fiscal
year 2011 is provided to the office of the superintendent of public
instruction solely to convene a technical working group to establish
standards, guidelines, and definitions for what constitutes a basic
education program for highly capable students and the appropriate
funding structure for such a program, and to submit recommendations to
the legislature for consideration. The working group may convene
advisory subgroups on specific topics as necessary to assure
participation and input from a broad array of diverse stakeholders.
The working group must consult with and seek input from nationally
recognized experts; researchers and academics on the unique
educational, emotional, and social needs of highly capable students and
how to identify such students; representatives of national
organizations and associations for educators of or advocates for highly
capable students; school district representatives who are educators,
counselors, and classified school employees involved with highly
capable programs; parents of students who have been identified as
highly capable; representatives from the federally recognized tribes;
and representatives of cultural, linguistic, and racial minority groups
and the community of persons with disabilities. The working group
shall make recommendations to the quality education council and to
appropriate committees of the legislature by December 1, 2010. The
recommendations shall take into consideration that access to the
program for highly capable students is not an individual entitlement
for any particular student. The recommendations shall seek to minimize
underrepresentation of any particular demographic or socioeconomic
group by better identification, not lower standards or quotas, and
shall include the following:
(i) Standardized state-level identification procedures, standards,
criteria, and benchmarks, including a definition or definitions of a
highly capable student. Students who are both highly capable and are
students of color, are poor, or have a disability must be addressed;
(ii) Appropriate programs and services that have been shown by
research and practice to be effective with highly capable students but
maintain options and flexibility for school districts, where possible;
(iii) Program administration, management, and reporting
requirements for school districts;
(iv) Appropriate educator qualifications, certification
requirements, and professional development and support for educators
and other staff who are involved in programs for highly capable
students;
(v) Self-evaluation models to be used by school districts to
determine the effectiveness of the program and services provided by the
school district for highly capable programs;
(vi) An appropriate state-level funding structure; and
(vii) Other topics deemed to be relevant by the working group.
(r) $1,000,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for contracting with a college scholarship
organization with expertise in conducting outreach to students
concerning eligibility for the Washington college bound scholarship
consistent with chapter 405, Laws of 2007.
(s) $24,000 of the general fund--state appropriation for fiscal
year 2010 and $140,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for implementation of Substitute
Senate Bill No. 6759 (requiring a plan for a voluntary program of early
learning as a part of basic education). If the bill is not enacted by
June 30, 2010, the amounts provided in this subsection (1)(r) shall
lapse.
(t) $950,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for office of the attorney general costs
related to McCleary v. State of Washington.
(2) (($12,836,000)) $12,320,000 of the general fund--state
appropriation for fiscal year 2010, (($12,407,000)) $11,685,000 of the
general fund--state appropriation for fiscal year 2011, and $55,890,000
of the general fund--federal appropriation are for statewide programs.
(a) HEALTH AND SAFETY
(i) $2,541,000 of the general fund -- state appropriation for fiscal
year 2010 and $2,541,000 of the general fund -- state appropriation for
fiscal year 2011 are provided solely 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) $100,000 of the general fund -- state appropriation for fiscal
year 2010 and $100,000 of the general fund -- state appropriation for
fiscal year 2011 are provided solely for a school safety training
program provided by the criminal justice training commission. The
commission, in collaboration with the school safety center 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.
(iii) $9,670,000 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.
(iv) $96,000 of the general fund--state appropriation for fiscal
year 2010 and $96,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely 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 school safety center advisory committee shall develop a
training program, using the best practices in school safety, for all
school safety personnel.
(v) $70,000 of the general fund--state appropriation for fiscal
year 2010 ((and $70,000 of the general fund--state appropriation for
fiscal year 2011 are)) is provided solely for the youth suicide
prevention program.
(vi) $50,000 of the general fund--state appropriation for fiscal
year 2010 and $50,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for a nonviolence and leadership
training program provided by the institute for community leadership.
(b) TECHNOLOGY
(i) (($1,939,000)) $1,842,000 of the general fund -- state
appropriation for fiscal year 2010 and (($1,939,000)) $1,745,000 of the
general fund -- state appropriation for fiscal year 2011 are provided
solely 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.
(ii) $1,475,000 of the general fund--state appropriation for fiscal
year 2010, $1,045,000 of the general fund--state appropriation for
fiscal year 2011, and $435,000 of the general fund--federal
appropriation are provided solely for implementing a comprehensive data
system to include financial, student, and educator data. The office of
the superintendent of public instruction will convene a data governance
group to create a comprehensive needs-requirement document, conduct a
gap analysis, and define operating rules and a governance structure for
K-12 data collections. ((A preliminary report shall be submitted to
the fiscal committees and the education policy committees of the house
of representatives and senate by November 2009.))
(iii) $1,656,000 of the general fund--federal appropriation for
fiscal year 2010 and $2,483,000 of the general fund--federal
appropriation for fiscal year 2011 of the American recovery and
reinvestment act (ARRA) 2009 funds for education technology are
provided solely for distribution to school districts, by formula, as
provided in the ARRA and related federal guidelines. $4,139,000 of the
general fund--federal appropriation of the American recovery and
reinvestment act (ARRA) 2009 funds for education technology shall be
awarded to local education agencies through a competitive grant
process.
(c) GRANTS AND ALLOCATIONS
(i) $1,329,000 of the general fund--state appropriation for fiscal
year 2010 and $1,329,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the special services pilot
project to include up to seven participating districts. 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 RCW 28A.630.016.
(ii) $750,000 of the general fund -- state appropriation for fiscal
year 2010 and $750,000 of the general fund -- state appropriation for
fiscal year 2011 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.
(iii) $25,000 of the general fund -- state appropriation for fiscal
year 2010 ((and $25,000 of the general fund -- state appropriation for
fiscal year 2011 are)) is provided solely for developing and
disseminating curriculum and other materials documenting women's role
in World War II.
(iv) $175,000 of the general fund -- state appropriation for fiscal
year 2010 and $175,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for incentive grants for districts
and pilot projects to develop preapprenticeship programs. Incentive
grant awards up to $10,000 each shall be used to support the program's
design, school/business/labor agreement negotiations, and recruiting
high school students for preapprenticeship programs in the building
trades and crafts.
(v) (($3,219,000)) $2,898,000 of the general fund--state
appropriation for fiscal year 2010 and (($3,220,000)) $3,120,000 of the
general fund--state appropriation for fiscal year 2011 are provided
solely for the dissemination of the navigation 101 curriculum to all
districts. The funding shall support electronic student planning tools
and software for analyzing the impact of navigation 101 on student
performance, as well as grants to a maximum of one hundred school
districts each year, based on progress and need for the implementation
of the navigation 101 program. The implementation grants shall be
awarded to a cross-section of school districts reflecting a balance of
geographic and demographic characteristics. Within the amounts
provided, the office of the superintendent of public instruction will
create a navigation 101 accountability model to analyze the impact of
the program.
(vi) (($675,000)) $627,000 of the general fund--state appropriation
for fiscal year 2010 and (($675,000)) $337,000 of the general fund--state appropriation for fiscal year 2011 are provided solely for
implementation of a statewide program for comprehensive dropout
prevention, intervention, and retrieval.
(vii) (($50,000)) $40,000 of the general fund--state appropriation
for fiscal year 2010 ((and $50,000 of the general fund--state
appropriation for fiscal year 2011 are)) is provided solely for program
initiatives to address the educational needs of Latino students and
families. Using the full amounts of the appropriations under this
subsection (2)(c)(vii), the office of the superintendent of public
instruction shall contract with the Seattle community coalition of
compana quetzal to provide for three initiatives: (A) Early childhood
education; (B) parent leadership training; and (C) high school success
and college preparation programs.
(viii) (($75,000)) $60,000 of the general fund--state appropriation
for fiscal year 2010 and $75,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for a pilot
project to encourage bilingual high school students to pursue public
school teaching as a profession. Using the full amounts of the
appropriation under this subsection, the office of the superintendent
of public instruction shall contract with the Latino/a educational
achievement project (LEAP) to work with school districts to identify
and mentor not fewer than fifty bilingual students in their junior year
of high school, encouraging them to become bilingual instructors in
schools with high English language learner populations. Students shall
be mentored by bilingual teachers and complete a curriculum developed
and approved by the participating districts.
(ix) $145,000 of the general fund--state appropriation for fiscal
year 2010 and (($145,000)) $75,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely to the office of
the superintendent of public instruction to enhance the reading skills
of students with dyslexia by implementing the findings of the dyslexia
pilot program. Funds shall be used to provide information and training
to classroom teachers and reading specialists, for development of a
dyslexia handbook, and to take other statewide actions to improve the
reading skills of students with dyslexia. The training program shall
be delivered regionally through the educational service districts.
(x) $97,000 of the general fund--state appropriation for fiscal
year 2010 and $97,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to support vocational student
leadership organizations.
(xi) (($25,000 of the general--state appropriation for fiscal year
2010 and $25,000 of the general fund--state appropriation for fiscal
year 2011 are provided solely for the communities in school program in
Pierce county.)) $150,000 of the general fund--state appropriation for
fiscal year 2011 is provided solely for drop-out prevention programs at
the office of the superintendent of public instruction including the
jobs for America's graduates (JAG) program.
*Sec. 501 was partially vetoed. See message at end of chapter.
Sec. 502 2009 c 564 s 502 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR GENERAL
APPORTIONMENT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($5,083,217,000))
$5,126,153,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($5,103,543,000))
$5,159,625,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($10,186,760,000))
$10,285,778,000
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 2009-10 and
2010-11 school years shall be determined using formula-generated staff
units calculated pursuant to this subsection. Staff allocations for
small school enrollments in (e) through (g) 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 (d) through
(g) of this subsection:
(i) Four certificated administrative staff units per thousand full-time equivalent students in grades K-12;
(ii)(A)(I) ((Fifty-three and two-tenths certificated instructional
staff units per thousand full-time equivalent students in grades K-4
for districts that enroll fewer than 25 percent of their total full-time equivalent student enrollment in grades K-4 in digital or online
learning programs defined in WAC 392-121-182.)) For
districts that enroll fewer than 25 percent of their total full-time
equivalent student enrollment in grades K through three in digital or
online learning programs as defined in WAC 392-121-182, fifty-three and
two-tenths certificated instructional staff units per thousand full-time equivalent students in grades K through three.
(B) All other districts shall be allocated a minimum of forty-nine
certificated instructional staff units per 1,000 full-time-equivalent
(FTE) students in grades K through four, and shall be allocated
additional certificated instructional staff units to equal the
documented staffing level in grades K through four, up to a maximum of
fifty-three and two-tenths certificated instructional staff units per
1,000 FTE students.
(C) Certificated instructional staff allocations in this subsection
(2)(a)(ii) exceeding the statutory minimums established in RCW
28A.150.260 shall not be considered part of basic education.
(II) For all other districts, a minimum of forty-nine certificated
instructional staff units per 1,000 full-time equivalent (FTE) students
in grades K through three, with additional certificated instructional
staff units to equal the documented staffing level in grades K through
three, up to a maximum of fifty-three and two-tenths certificated
instructional staff units per 1,000 FTE students.
(B)(I) For districts that enroll fewer than 25 percent of their
total full-time equivalent student enrollment in grade four in digital
or online learning programs defined in WAC 392-121-182: For the 2009-10 school year, fifty-three and two-tenths certificated instructional
staff units per thousand full-time equivalent students in grade four,
and for the 2010-11 school year, forty-seven and forty-three one-hundredths certificated instructional staff units per thousand full-time equivalent students in grade four.
(II) For all other districts:
For the 2009-10 school year, a minimum of forty-six certificated
instructional staff units per 1,000 full-time equivalent (FTE) students
in grade four, and additional certificated instructional staff units to
equal the documented staffing level in grade four, up to a maximum of
fifty-three and two-tenths certificated instructional staff units per
1,000 FTE students.
For the 2010-11 school year, a minimum of forty-six certificated
instructional staff units per 1,000 full-time equivalent (FTE) students
in grade four, and additional certificated instructional staff units to
equal the documented staffing level in grade four, up to a maximum of
forty-seven and forty-three one-hundredths certificated instructional
staff units per 1,000 FTE students;
(iii) Forty-six certificated instructional staff units per thousand
full-time equivalent students in grades 5-12;
(iv) Certificated staff allocations in this subsection (2)(a)
exceeding the statutory minimums established in RCW 28A.150.260 shall
not be considered part of basic education;
(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) Middle school vocational STEM programs approved by the
superintendent of public instruction, a maximum of 0.92 certificated
instructional staff units and 0.8 certificated administrative staff
units for each 19.5 full-time equivalent vocational students; and
(C) Skills center programs meeting the standards for skills center
funding established in January 1999 by the superintendent of public
instruction with a waiver allowed for skills centers in current
operation that are not meeting this standard until the 2010-11 school
year, 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 and vocational middle-school 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 2009-10 and 2010-11
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)(e) through (h) of this section, one classified
staff unit for each 2.94 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
58.75 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
14.43 percent in the 2009-10 school year and 14.43 percent in the 2010-11 school year for certificated salary allocations provided under
subsection (2) of this section, and a rate of ((16.58)) 16.59 percent
in the 2009-10 school year and ((16.58)) 16.59 percent in the 2010-11
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 (g) of this section, there shall be provided a maximum of
$10,179 per certificated staff unit in the 2009-10 school year and a
maximum of (($10,445)) $10,424 per certificated staff unit in the 2010-11 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 $24,999 per certificated
staff unit in the 2009-10 school year and a maximum of (($25,449))
$25,399 per certificated staff unit in the 2010-11 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 $19,395 per certificated
staff unit in the 2009-10 school year and a maximum of (($19,744))
$19,705 per certificated staff unit in the 2010-11 school year.
(7) Allocations for substitute costs for classroom teachers shall
be distributed at a maintenance rate of $607.44 for the 2009-10 and
2010-11 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) Funding in this section is sufficient to provide additional
service year credits to educational staff associates pursuant to
chapter 403, Laws of 2007.
(10)(a) The superintendent may distribute a maximum of
(($7,288,000)) $7,286,000 outside the basic education formula during
fiscal years 2010 and 2011 as follows:
(i) 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 $567,000 may be expended in fiscal year 2010
and a maximum of (($577,000)) $576,000 may be expended in fiscal year
2011;
(ii) For summer vocational programs at skills centers, a maximum of
$2,385,000 may be expended for the 2010 fiscal year and a maximum of
$2,385,000 for the 2011 fiscal year. 20 percent of each fiscal year
amount may carry over from one year to the next;
(iii) A maximum of (($404,000)) $403,000 may be expended for school
district emergencies; and
(iv) 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.
(b) Funding in this section is sufficient to fund a maximum of 1.6
FTE enrollment for skills center students pursuant to chapter 463, Laws
of 2007.
(11) For purposes of RCW 84.52.0531, the increase per full-time
equivalent student is 4.0 percent from the 2008-09 school year to the
2009-10 school year and 4.0 percent from the 2009-10 school year to the
2010-11 school year.
(12) If two or more school districts consolidate and each district
was receiving additional basic education formula staff units pursuant
to subsection (2)(b) through (g) 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.
(13) General apportionment payments to the Steilacoom historical
school district shall reflect changes to operation of the Harriet
Taylor elementary school consistent with the timing of reductions in
correctional facility capacity and staffing.
Sec. 503 2009 c 564 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 2
by the district's average staff mix factor for certificated
instructional staff in that school year, computed using LEAP Document
1; 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 2.
(2) For the purposes of this section:
(a) "LEAP Document 1" means the staff mix factors for certificated
instructional staff according to education and years of experience, as
developed by the legislative evaluation and accountability program
committee on April 22, 2009, at 08:22 hours; and
(b) "LEAP Document 2" means the 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
April 22, 2009, at 08:22 hours.
(3) Incremental fringe benefit factors shall be applied to salary
adjustments at a rate of 14.43 percent for school year 2009-10 and
14.43 percent for school year 2010-11 for certificated staff and for
classified staff ((16.58)) 16.59 percent for school year 2009-10 and
((16.58)) 16.59 percent for the 2010-11 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:
| BA | BA+15 | BA+30 | BA+45 | BA+90 | BA+135 | MA | MA+45 | MA+90 or PHD |
| 34,237 | 35,162 | 36,120 | 37,080 | 40,161 | 42,145 | 41,047 | 44,128 | 46,115 |
| 34,698 | 35,635 | 36,606 | 37,608 | 40,721 | 42,695 | 41,503 | 44,617 | 46,589 |
| 35,137 | 36,083 | 37,064 | 38,144 | 41,248 | 43,242 | 41,963 | 45,067 | 47,061 |
| 35,589 | 36,545 | 37,536 | 38,650 | 41,749 | 43,791 | 42,398 | 45,494 | 47,538 |
| 36,033 | 37,031 | 38,028 | 39,180 | 42,297 | 44,354 | 42,855 | 45,971 | 48,030 |
| 36,492 | 37,494 | 38,501 | 39,718 | 42,823 | 44,921 | 43,319 | 46,425 | 48,523 |
| 36,963 | 37,943 | 38,984 | 40,262 | 43,352 | 45,462 | 43,794 | 46,885 | 48,993 |
| 37,790 | 38,786 | 39,841 | 41,187 | 44,324 | 46,491 | 44,685 | 47,820 | 49,989 |
| 39,002 | 40,052 | 41,132 | 42,590 | 45,768 | 48,016 | 46,086 | 49,266 | 51,512 |
| 41,363 | 42,497 | 44,008 | 47,260 | 49,584 | 47,503 | 50,757 | 53,081 | |
| 43,877 | 45,498 | 48,794 | 51,195 | 48,995 | 52,291 | 54,692 | ||
| 47,032 | 50,399 | 52,849 | 50,528 | 53,897 | 56,345 | |||
| 48,517 | 52,048 | 54,571 | 52,122 | 55,545 | 58,068 | |||
| 53,737 | 56,335 | 53,773 | 57,234 | 59,831 | ||||
| 55,434 | 58,165 | 55,471 | 59,042 | 61,663 | ||||
| 56,877 | 59,679 | 56,913 | 60,577 | 63,266 | ||||
| 58,014 | 60,871 | 58,051 | 61,788 | 64,531 |
| BA | BA+15 | BA+30 | BA+45 | BA+90 | BA+135 | MA | MA+45 | MA+90 OR Ph.D. |
| 34,048 | 34,968 | 35,920 | 36,875 | 39,939 | 41,913 | 40,820 | 43,885 | 45,860 |
| 34,506 | 35,439 | 36,403 | 37,400 | 40,496 | 42,459 | 41,274 | 44,370 | 46,332 |
| 34,943 | 35,884 | 36,859 | 37,933 | 41,020 | 43,004 | 41,731 | 44,818 | 46,802 |
| 35,393 | 36,343 | 37,329 | 38,437 | 41,518 | 43,549 | 42,164 | 45,243 | 47,276 |
| 35,834 | 36,826 | 37,818 | 38,964 | 42,064 | 44,110 | 42,618 | 45,718 | 47,765 |
| 36,290 | 37,287 | 38,288 | 39,498 | 42,586 | 44,673 | 43,080 | 46,169 | 48,256 |
| 36,759 | 37,734 | 38,769 | 40,039 | 43,113 | 45,211 | 43,552 | 46,626 | 48,723 |
| 37,582 | 38,572 | 39,621 | 40,960 | 44,079 | 46,235 | 44,438 | 47,556 | 49,713 |
| 38,787 | 39,831 | 40,905 | 42,355 | 45,516 | 47,751 | 45,832 | 48,994 | 51,228 |
| 41,135 | 42,262 | 43,765 | 46,999 | 49,310 | 47,241 | 50,477 | 52,788 | |
| 43,635 | 45,247 | 48,524 | 50,913 | 48,724 | 52,003 | 54,390 | ||
| 46,772 | 50,121 | 52,557 | 50,249 | 53,599 | 56,034 | |||
| 48,249 | 51,761 | 54,269 | 51,835 | 55,238 | 57,748 | |||
| 53,440 | 56,024 | 53,476 | 56,918 | 59,501 | ||||
| 55,128 | 57,844 | 55,165 | 58,716 | 61,322 | ||||
| 56,563 | 59,349 | 56,599 | 60,242 | 62,917 | ||||
| 57,693 | 60,535 | 57,731 | 61,447 | 64,174 |
Sec. 504 2009 c 564 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 2010) . . . . . . . . . . . . ((($4,215,000)))
($4,414,000)
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($14,172,000))
($1,806,000)
General Fund--Federal Appropriation . . . . . . . . . . . . (($6,000))
($1,000)
TOTAL APPROPRIATION . . . . . . . . . . . . (($9,963,000))
($6,221,000)
The appropriations in this section are subject to the following
conditions and limitations:
(1)(a) Additional salary adjustments as necessary to fund the base
salaries for certificated instructional staff as listed for each
district in LEAP Document 2, defined in section 503(2)(b) of this act.
Allocations for these salary adjustments shall be provided to all
districts that are not grandfathered to receive salary allocations
above the statewide salary allocation schedule, and to certain
grandfathered districts to the extent necessary to ensure that salary
allocations for districts that are currently grandfathered do not fall
below the statewide salary allocation schedule.
(b) Additional salary adjustments to certain districts as necessary
to fund the per full-time-equivalent salary allocations for
certificated administrative staff as listed for each district in LEAP
Document 2, defined in section 503(2)(b) of this act. These
adjustments shall ensure a minimum salary allocation for certificated
administrative staff of $57,986 in the 2009-10 school year and $57,986
in the 2010-11 school year.
(c) Additional salary adjustments to certain districts as necessary
to fund the per full-time-equivalent salary allocations for classified
staff as listed for each district in LEAP Document 2, defined in
section 503(2)(b) of this act. These salary adjustments ensure a
minimum salary allocation for classified staff of $31,865 in the 2009-10 school year and $31,865 in the 2010-11 school year.
(d) The appropriations in this subsection (1) include associated
incremental fringe benefit allocations at rates 13.79 percent for the
2009-10 school year and 13.79 percent for the 2010-11 school year for
certificated staff and ((13.08)) 13.09 percent for the 2009-10 school
year and ((13.08)) 13.09 percent for the 2010-11 school year for
classified staff.
(e) The appropriations in this section include the increased or
decreased portion of salaries and incremental fringe benefits for all
relevant state-funded school programs in part V of this act. Changes
for general apportionment (basic education) are based on the salary
allocation schedules and methodology in sections 502 and 503 of this
act. Changes for special education result from changes in each
district's basic education allocation per student. Changes 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. The appropriations in this section provide
incremental fringe benefit alterations based on formula adjustments as
follows:
| School Year | ||||
| 2009-10 | 2010-11 | |||
| Pupil Transportation (per weighted pupil mile) | $0 | $0 | ||
| Highly Capable (per formula student) | ($1.49) | (( ($2.98) | ||
| Transitional Bilingual Education (per eligible bilingual student) | ($3.93) | (( ($7.86) | ||
| Learning Assistance (per formula student) | ($1.18) | (( ($2.36) | ||
| School Year | ||||
| 2009-10 | 2010-11 | |||
| Pupil Transportation (per weighted pupil mile) | $0.12 | $0.33 | ||
| Highly Capable (per formula student) | (( | $2.22 | ||
| Transitional Bilingual Education (per eligible bilingual student) | (( | $5.83 | ||
| Learning Assistance (per formula student) | $0.54 | $1.49 | ||
Sec. 505 2009 c 564 s 505 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR PUPIL TRANSPORTATION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($307,357,000))
$317,116,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($307,070,000))
$296,747,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($614,427,000))
$613,863,000
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 $878,000 of this fiscal year 2010 appropriation
and a maximum of (($894,000)) $892,000 of the fiscal year 2011
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) Allocations for transportation of students shall be based on
reimbursement rates of $48.15 per weighted mile in the 2009-10 school
year and (($48.40)) $48.37 per weighted mile in the 2010-11 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.
(4) The office of the 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.
(5) The superintendent of public instruction shall base
depreciation payments for school district buses on the pre-sales tax
five-year average of lowest bids in the appropriate category of bus.
In the final year on the depreciation schedule, the depreciation
payment shall be based on the lowest bid in the appropriate bus
category for that school year.
(6) Funding levels in this section reflect reductions from the
implementation of Substitute House Bill No. 1292 (authorizing waivers
from the one hundred eighty-day school year requirement in order to
allow four-day school weeks).
Sec. 506 2009 c 564 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 2010) . . . . . . . . . . . . $3,159,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . $3,159,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($281,988,000))
$391,988,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($288,306,000))
$398,306,000
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 2010 and $3,000,000 of the general fund -- state appropriation for
fiscal year 2011 are provided for state matching money for federal
child nutrition programs.
(2) $100,000 of the general fund -- state appropriation for fiscal
year 2010 and $100,000 of the 2011 fiscal year appropriation are
provided for summer food programs for children in low-income areas.
(3) $59,000 of the general fund -- state appropriation for fiscal
year 2010 and $59,000 of the general fund -- state appropriation for
fiscal year 2011 are provided solely to reimburse school districts for
school breakfasts served to students enrolled in the free or reduced
price meal program pursuant to chapter 287, Laws of 2005 (requiring
school breakfast programs in certain schools).
(((4) $1,588,000 of the general fund--federal appropriation of
American recovery and reinvestment act of 2009 (ARRA) funds is provided
solely for equipment assistance to school food authorities (SFAs)
participating in the national school lunch program (NSLP). Local SFAs
may apply to the office of the superintendent of public instruction to
receive grants in accordance with provisions of the ARRA. As
stipulated in the ARRA, priority will be given to SFAs for equipment
for
schools in which at least 50 percent of the students are eligible
for free or reduced-priced meals.))
Sec. 507 2009 c 564 s 507 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR SPECIAL EDUCATION
PROGRAMS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($640,959,000))
$632,136,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($652,388,000))
$650,856,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($656,052,000))
$664,601,000
Education Legacy Trust Account--State
Appropriation . . . . . . . . . . . . $756,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,950,155,000))
$1,948,349,000
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 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 superintendent of public instruction shall continue to
implement the full cost method of excess cost accounting, as designed
by the committee and recommended by the superintendent, pursuant to
section 501(1)(k), chapter 372, Laws of 2006.
(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
funds to school districts based on two categories: (a) The first
category includes (i) children birth through age two who are eligible
for the optional program for special education eligible developmentally
delayed infants and toddlers, and (ii) students eligible for the
mandatory special education program and who are age three or four, or
five and not yet enrolled in kindergarten; and (b) the second category
includes students who are eligible for the mandatory special education
program and who are age five and enrolled in kindergarten and students
age six through 21.
(5)(a) For the 2009-10 and 2010-11 school years, the superintendent
shall make allocations to each district based on the sum of:
(i) A district's annual average headcount enrollment of students
ages birth through four and those five year olds not yet enrolled in
kindergarten, as defined in subsection (4) of this section, 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
in the 2009-10 school year. In the 2010-11 school year, the per
student allocation under this subsection (5)(b) shall include the same
factors as in the 2009-10 school year, but shall also include the
classified staff enhancements included in section 502(3)(b).
(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
four enrollment and those five year olds not yet enrolled in
kindergarten, 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.
(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, (($73,668,000)) $44,269,000 of the
general fund -- state appropriation and $29,574,000 of the general fund -- federal appropriation are provided for safety net awards for districts
with demonstrated needs for special education funding beyond the
amounts provided in subsection (5) of this section. If the federal
safety net awards based on the federal eligibility threshold exceed the
federal appropriation in this subsection (8) in any fiscal year, 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 sources. Differences in
program costs attributable to district philosophy, service delivery
choice, or accounting practices are not a legitimate basis for safety
net awards. In the determination of need, the committee shall require
that districts demonstrate that they are maximizing their eligibility
for all state and federal revenues related to services for special
education-eligible students. Awards associated with (b) and (c) of
this subsection shall not exceed the total of a district's specific
determination of need.
(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) Using criteria developed by the committee, the committee shall
then consider extraordinary costs associated with communities that draw
a larger number of families with children in need of special education
services. The safety net awards to school districts shall be adjusted
to reflect amounts awarded under (b) of this subsection.
(d) 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.
(e) Safety net awards must be adjusted for any audit findings or
exceptions related to special education funding.
(f) 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. The state
safety net oversight committee shall ensure that safety net
documentation and awards are based on current medicaid revenue amounts.
(g) The office of the superintendent of public instruction, at the
conclusion of each school year, shall recover safety net funds that
were distributed prospectively but for which districts were not
subsequently eligible.
(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 who shall be nonvoting
members of the committee; and
(c) One or more representatives from school districts or
educational service districts knowledgeable of special education
programs and funding.
(11) The office of the superintendent of public instruction shall
review and streamline the application process to access safety net
funds, provide technical assistance to school districts, and annually
survey school districts regarding improvement to the process.
(12) 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.
(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 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, carryover funds shall be expended in the special
education program.
(15) $262,000 of the general fund--state appropriation for fiscal
year 2010 and $251,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for two additional full-time
equivalent staff to support the work of the safety net committee and to
provide training and support to districts applying for safety net
awards.
(16) (($221,357,000 of the general fund--federal appropriation of
American recovery and reinvestment act of 2009 funds is provided solely
for the individuals with disabilities education act (IDEA), Part B, for
distribution to school districts. The funds' use is to be consistent
with the current IDEA, Part B statutory and regulatory requirements.)) $50,000 of the general fund--state appropriation for fiscal
year 2010, $50,000 of the general fund--state appropriation for fiscal
2011, and $100,000 of the general fund--federal appropriation shall be
expended to support a special education ombudsman program within the
office of superintendent of public instruction.
(17)
Sec. 508 2009 c 564 s 508 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR EDUCATIONAL SERVICE
DISTRICTS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $8,394,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($8,395,000))
$8,319,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($16,789,000))
$16,713,000
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) $3,355,000 of the general fund--state appropriation for fiscal
year 2010 and $3,355,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for regional professional
development related to mathematics and science curriculum and
instructional strategies. Funding shall be distributed among the
educational service districts in the same proportion as distributions
in the 2007-2009 biennium. Each educational service district shall use
this funding solely for salary and benefits for a certificated
instructional staff with expertise in the appropriate subject matter
and in professional development delivery, and for travel, materials,
and other expenditures related to providing regional professional
development support. The office of superintendent of public
instruction shall also allocate to each educational service district
additional amounts provided in section 504 of this act for compensation
increases associated with the salary amounts and staffing provided in
this subsection (2).
(3) 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 2009 c 564 s 509 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR LOCAL EFFORT
ASSISTANCE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($42,921,000))
$93,141,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($209,997,000))
$286,911,000
General Fund--Federal Appropriation . . . . . . . . . . . . (($176,284,000))
$157,043,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($429,202,000))
$537,095,000
The appropriations in this section are subject to the following
conditions and limitations:
(($176,284,000)) (1) $157,043,000 of the general fund--federal
appropriation for fiscal year 2010 is provided solely for American
recovery and reinvestment act of 2009 (ARRA) fiscal stabilization funds
to restore state reductions for local effort assistance payments.
(2) $21,808,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for implementation of Substitute House
Bill No. 2893 (school levies). If the bill is not enacted by June 30,
2010, the amount provided in this subsection shall lapse.
Sec. 510 2009 c 564 s 510 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR INSTITUTIONAL
EDUCATION PROGRAMS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($18,943,000))
$18,059,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($17,992,000))
$19,006,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($36,935,000))
$37,065,000
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) (($329,000)) $228,000 of the general fund -- state appropriation
for fiscal year 2010 and (($329,000)) $228,000 of the general fund -- state appropriation for fiscal year 2011 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 2009 c 564 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 2010) . . . . . . . . . . . . (($9,430,000))
$9,189,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($9,437,000))
$9,188,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($18,867,000))
$18,377,000
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 $401.08 per funded
student for the 2009-10 school year and $401.08 per funded student for
the 2010-11 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 2.314 percent of each district's full-time
equivalent basic education enrollment.
(3) $90,000 of the fiscal year 2010 appropriation and $90,000 of
the fiscal year 2011 appropriation are provided for the Washington
destination imagination network and future problem-solving programs.
(4) $170,000 of the fiscal year 2010 appropriation and $170,000 of
the fiscal year 2011 appropriation are provided for the centrum program
at Fort Worden state park.
Sec. 512 2009 c 564 s 512 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR MISCELLANEOUS
PURPOSES UNDER THE ELEMENTARY AND SECONDARY SCHOOL IMPROVEMENT ACT AND
THE NO CHILD LEFT BEHIND ACT
General Fund -- Federal Appropriation . . . . . . . . . . . . (($43,450,000))
$43,886,000
Sec. 513 2010 c 3 s 501 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- EDUCATION REFORM
PROGRAMS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($93,681,000))
$93,642,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($102,512,000))
$99,313,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $152,626,000
Education Legacy Trust Account--State
Appropriation . . . . . . . . . . . . (($95,112,000))
$102,881,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($443,931,000))
$448,462,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) (($36,806,000)) $35,804,000 of the general fund -- state
appropriation for fiscal year 2010, $34,516,000 of the general fund -- state appropriation for fiscal year 2011, $1,350,000 of the education
legacy trust account--state appropriation, and $15,868,000 of the
general fund -- federal appropriation are provided solely for development
and implementation of the Washington ((assessments of student learning
(WASL))) state assessment system, including: (i) Development and
implementation of retake assessments for high school students who are
not successful in one or more content areas ((of the WASL)); and (ii)
development and implementation of alternative assessments or appeals
procedures to implement the certificate of academic achievement. The
superintendent of public instruction shall report quarterly on the
progress on development and implementation of alternative assessments
or appeals procedures. Within these amounts, the superintendent of
public instruction shall contract for the early return of 10th grade
student ((WASL)) assessment results, on or around June 10th of each
year.
(2) $3,249,000 of the general fund--state appropriation for fiscal
year 2010 and $3,249,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the design of the state
assessment system and the implementation of end of course assessments
for high school math.
(3) Within amounts provided in subsections (1) and (2) of this
section, the superintendent of public instruction, in consultation with
the state board of education, shall develop a statewide high school
end-of-course assessment measuring student achievement of the state
science standards in biology to be implemented statewide in the 2011-12
school year. By December 1, 2010, the superintendent of public
instruction shall recommend whether additional end-of-course
assessments in science should be developed and in which content areas.
Any recommendation for additional assessments must include an
implementation timeline and the projected cost to develop and
administer the assessments.
(4) $1,014,000 of the education legacy trust account appropriation
is provided solely for allocations to districts for salaries and
benefits for the equivalent of two additional professional development
days for fourth and fifth grade teachers during the 2008-2009 school
year. The allocations shall be made based on the calculations of
certificated instructional staff units for fourth and fifth grade
provided in section 502 of this act and on the calculations of
compensation provided in sections 503 and 504 of this act. Districts
may use the funding to support additional days for professional
development as well as job-embedded forms of professional development.
(((4))) (5) $3,241,000 of the education legacy trust fund
appropriation is provided solely for allocations to districts for
salaries and benefits for the equivalent of three additional
professional development days for middle and high school math and
science teachers during the 2008-2009 school year, as well as
specialized training for one math and science teacher in each middle
school and high school during the 2008-2009 school year. Districts may
use the funding to support additional days for professional development
as well as job-embedded forms of professional development.
(((5) $3,850,000)) (6) $3,773,000 of the education legacy trust
account--state appropriation is provided solely for a math and science
instructional coaches program pursuant to chapter 396, Laws of 2007.
Funding shall be used to provide grants to schools and districts to
provide salaries, benefits, and professional development activities for
up to twenty-five instructional coaches in middle and high school math
and twenty-five instructional coaches in middle and high school science
in each year of the biennium; and up to $300,000 may be used by the
office of the superintendent of public instruction to administer and
coordinate the program.
(((6) $1,781,000)) (7) $1,740,000 of the general fund--state
appropriation for fiscal year 2010 and (($1,943,000)) $1,775,000 of the
general fund--state appropriation for fiscal year 2011 are provided
solely to allow approved middle and junior high school career and
technical education programs to receive enhanced vocational funding.
The office of the superintendent of public instruction shall provide
allocations to districts for middle and junior high school students in
accordance with the funding formulas provided in section 502 of this
act. If Second Substitute Senate Bill No. 5676 is enacted the
allocations are formula-driven, otherwise the office of the
superintendent shall consider the funding provided in this subsection
as a fixed amount, and shall adjust funding to stay within the amounts
provided in this subsection.
(((7))) (8) $139,000 of the general fund--state appropriation for
fiscal year 2010 and $139,000 of the general fund--state appropriation
for fiscal year 2011 are provided solely for (a) staff at the office of
the superintendent of public instruction to coordinate and promote
efforts to develop integrated math, science, technology, and
engineering programs in schools and districts across the state; and (b)
grants of $2,500 to provide twenty middle and high school teachers each
year professional development training for implementing integrated
math, science, technology, and engineering program in their schools.
(((8) $1,579,000)) (9) $1,473,000 of the general fund--state
appropriation for fiscal year 2010 and (($1,579,000)) $395,000 of the
general fund--state appropriation for fiscal year 2011 are provided
solely for the Washington state leadership and assistance for science
education reform (LASER) regional partnership activities coordinated at
the Pacific science center, including instructional material purchases,
teacher and principal professional development, and school and
community engagement events. Funding shall be distributed to the
various LASER activities in a manner proportional to LASER program
spending during the 2007-2009 biennium.
(((9) $81,010,000)) (10) $88,981,000 of the education legacy trust
account--state appropriation is provided solely for grants for
voluntary full-day kindergarten at the highest poverty schools, as
provided in chapter 400, Laws of 2007. The office of the
superintendent of public instruction shall provide allocations to
districts for recipient schools in accordance with the funding formulas
provided in section 502 of this act. Each kindergarten student who
enrolls for the voluntary full-day program in a recipient school shall
count as one-half of one full-time equivalent student for the purpose
of making allocations under this subsection. Although the allocations
are formula-driven, the office of the superintendent shall consider the
funding provided in this subsection as a fixed amount, and shall limit
the number of recipient schools so as to stay within the amounts
appropriated each fiscal year in this subsection. The funding provided
in this subsection is estimated to provide full-day kindergarten
programs for 20 percent of kindergarten enrollment. Funding priority
shall be given to schools with the highest poverty levels, as measured
by prior year free and reduced priced lunch eligibility rates in each
school. Additionally, as a condition of funding, school districts must
agree to provide the full-day program to the children of parents who
request it in each eligible school. For the purposes of calculating a
school district levy base, funding provided in this subsection shall be
considered a state block grant program under RCW 84.52.0531.
(a) Of the amounts provided in this subsection, a maximum of
$272,000 may be used for administrative support of the full-day
kindergarten program within the office of the superintendent of public
instruction.
(b) Student enrollment pursuant to this program shall not be
included in the determination of a school district's overall K-12 FTE
for the allocation of student achievement programs and other funding
formulas unless specifically stated.
(((10))) (11) $700,000 of the general fund--state appropriation for
fiscal year 2010 and $900,000 of the general fund--state appropriation
for fiscal year 2011 are provided solely for the development of a
leadership academy for school principals and administrators. The
superintendent of public instruction shall contract with an independent
organization to design, field test, and implement a state-of-the-art
education leadership academy that will be accessible throughout the
state. Initial development of the content of the academy activities
shall be supported by private funds. Semiannually the independent
organization shall report on amounts committed by foundations and
others to support the development and implementation of this program.
Leadership academy partners, with varying roles, shall include the
state level organizations for school administrators and principals, the
superintendent of public instruction, the professional educator
standards board, and others as the independent organization shall
identify.
(((11))) (12) $105,754,000 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.
(((12) $1,546,000)) (13) $1,960,000 of the general fund--state
appropriation for fiscal year 2010 and (($3,046,000)) $1,523,000 of the
general fund--state appropriation for fiscal year 2011 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.
Funding in this subsection ((may)) shall be used for focused assistance
programs for individual schools ((as well as)) or school districts.
The office of the superintendent of public instruction shall report to
the fiscal committees of the legislature by September 1, 2011,
providing an accounting of the uses of focused assistance funds during
the 2009-11 fiscal biennium, including a list of schools served and the
types of services provided.
(((13) $30,702,000 of the general fund -- federal appropriation is
provided for the reading first program under Title I of the no child
left behind act.))
(14) $1,667,000 of the general fund--state appropriation for fiscal
year 2010 and $1,667,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to eliminate the lunch co-pay for
students in grades kindergarten through third grade that are eligible
for reduced price lunch.
(15) $5,285,000 of the general fund--state appropriation for fiscal
year 2010 and $5,285,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for: (a) The meals for kids
program under RCW 28A.235.145 through 28A.235.155; (b) to eliminate the
breakfast co-pay for students eligible for reduced price lunch; and (c)
for additional assistance for school districts initiating a summer food
service program.
(16) (($1,056,000)) $1,003,000 of the general fund -- state
appropriation for fiscal year 2010 and $1,056,000 of the general fund -- state appropriation for fiscal year 2011 are provided solely for the
Washington reading corps. The superintendent shall allocate reading
corps members to low-performing schools and school districts that are
implementing comprehensive, proven, research-based reading programs.
Two or more schools may combine their Washington reading corps
programs. Grants provided under this section may be used by school
districts for expenditures from September 2009 through August 31, 2011.
(17) (($3,594,000)) $3,269,000 of the general fund -- state
appropriation for fiscal year 2010 and $3,594,000 of the general fund -- state appropriation for fiscal year 2011 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.
(18) (($1,959,000)) $1,861,000 of the general fund -- state
appropriation for fiscal year 2010 and $1,959,000 of the general fund -- state appropriation for fiscal year 2011 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.
(19) $225,000 of the general fund--state appropriation for fiscal
year 2010 and $225,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the operation of the center
for the improvement of student learning pursuant to RCW 28A.300.130.
(20) (($250,000)) $246,000 of the education legacy trust account--state appropriation is provided solely for costs associated with the
office of the superintendent of public instruction's statewide director
of technology position.
(21)(a) (($28,270,000)) $28,715,000 of the general fund--state
appropriation for fiscal year 2010 and (($36,513,000)) $36,168,000 of
the general fund--state appropriation for fiscal year 2011 are provided
solely for the following bonuses for teachers who hold valid, unexpired
certification from the national board for professional teaching
standards and who are teaching in a Washington public school, subject
to the following conditions and limitations:
(i) For national board certified teachers, a bonus of $5,000 per
teacher beginning in the 2007-08 school year and adjusted for inflation
in each school year thereafter in which Initiative 732 cost of living
adjustments are provided((. National board certified teachers who
become public school principals shall continue to receive this bonus
for as long as they are principals and maintain the national board
certification));
(ii) An additional $5,000 annual bonus shall be paid to national
board certified teachers who teach in either: (A) High schools where
at least 50 percent of student headcount enrollment is eligible for
federal free or reduced price lunch, (B) middle schools where at least
60 percent of student headcount enrollment is eligible for federal free
or reduced price lunch, or (C) elementary schools where at least 70
percent of student headcount enrollment is eligible for federal free or
reduced price lunch;
(iii) The superintendent of public instruction shall adopt rules to
ensure that national board certified teachers meet the qualifications
for bonuses under (a)(ii) of this subsection for less than one full
school year receive bonuses in a pro-rated manner; and
(iv) During the 2009-10 and 2010-11 school years, and within the
available state and federal appropriations, certificated instructional
staff who have met the eligibility requirements and have applied for
certification from the national board for professional teaching
standards may receive a conditional two thousand dollars or the amount
set by the office of the superintendent of public instruction to
contribute toward the current assessment fee, not including the initial
up-front candidacy payment. The fee shall be an advance on the first
annual bonus under RCW 28A.405.415. The assessment fee for national
certification is provided in addition to compensation received under a
district's salary schedule adopted in accordance with RCW 28A.405.200
and shall not be included in calculations of a district's average
salary and associated salary limitation under RCW 28A.400.200.
Recipients who fail to receive certification after three years are
required to repay the assessment fee, not including the initial up-front candidacy payment, as set by the national board for professional
teaching standards and administered by the office of the superintendent
of public instruction. The office of the superintendent of public
instruction shall adopt rules to define the terms for initial grant of
the assessment fee and repayment, including applicable fees.
(b) Included in the amounts provided in this subsection are amounts
for mandatory fringe benefits.
(22) (($2,750,000)) $2,475,000 of the general fund--state
appropriation for fiscal year 2010 and (($2,750,000)) $912,000 of the
general fund--state appropriation for fiscal year 2011 are provided
solely for secondary career and technical education grants pursuant to
chapter 170, Laws of 2008. This funding may additionally be used to
support FIRST Robotics programs. In fiscal year 2011, if equally
matched by private donations, $300,000 of the appropriation shall be
used to support FIRST Robotics programs, including FIRST Robotics
professional development.
(23) $150,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the implementation of House Bill No.
2621 (K-12 school resource programs). If the bill is not enacted by
June 30, 2010, the amount provided in this subsection shall lapse.
(24) $300,000 of the general fund--state appropriation for fiscal
year 2010 ((and $300,000 of the general fund--state appropriation for
fiscal year 2011 are)) is provided solely for the local farms-healthy
kids program as described in chapter 215, Laws of 2008. The program is
suspended in the 2011 fiscal year, and not eliminated.
(((24))) (25) $2,348,000 of the general fund--state appropriation
for fiscal year 2010 and (($2,348,000)) $2,000,000 of the general
fund--state appropriation for fiscal year 2011 are ((appropriated))
provided solely for a beginning educator support program. School
districts and/or regional consortia may apply for grant funding
beginning in the 2009-10 school year. The superintendent shall
implement this program in 5 to 15 school districts and/or regional
consortia. The program provided by a district and/or regional
consortia shall include: A paid orientation; assignment of a qualified
mentor; development of a professional growth plan for each beginning
teacher aligned with professional certification; release time for
mentors and new teachers to work together, and teacher observation time
with accomplished peers. $250,000 may be used to provide state-wide
professional development opportunities for mentors and beginning
educators. The superintendent of public instruction shall adopt rules
to establish and operate a research-based beginning educator support
program no later than August 31, 2009. OSPI must evaluate the
program's progress and may contract for this work. A report to the
legislature about the beginning educator support program is due
November 1, 2010.
(((25) $4,400,000)) (26) $4,290,000 of the education legacy trust
account--state appropriation is provided solely for the development and
implementation of diagnostic assessments, consistent with the
recommendations of the Washington assessment of student learning work
group.
(((26) $70,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely)) (27) Funding within this section is
provided for implementation of Engrossed Substitute Senate Bill No.
5414 (statewide assessments and curricula).
(((27))) (28) $530,000 of the general fund--state appropriation for
fiscal year 2010 and $530,000 of the general fund--state appropriation
for fiscal year 2011 are provided solely for the leadership internship
program for superintendents, principals, and program administrators.
(29) Funding for the community learning center program, established
in RCW 28A.215.060, and providing grant funding for the 21st century
after-school program, is suspended and not eliminated.
(30) $2,357,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for implementation of Engrossed Second
Substitute Senate Bill No. 6696 (education reform). Of the amount
provided, $142,000 is provided to the professional educators' standards
board and $120,000 is provided to the system of the educational service
districts, to fulfill their respective duties under the bill.
Sec. 514 2009 c 564 s 514 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR TRANSITIONAL
BILINGUAL PROGRAMS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($77,994,000))
$76,419,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($80,937,000))
$77,672,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($45,263,000))
$65,263,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($204,194,000))
$219,354,000
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 $901.46 per
eligible bilingual student in the 2009-10 school year and $901.46 in
the 2010-11 school year, exclusive of salary and benefit adjustments
provided in section 504 of this act.
(3) The superintendent may withhold up to 1.5 percent of the school
year allocations to school districts in subsection (2) of this section,
and adjust the per eligible pupil rates in subsection (2) of this
section accordingly, solely 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 track 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. 515 2009 c 564 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 2010) . . . . . . . . . . . . (($101,067,000))
$103,865,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($102,237,000))
$110,312,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($543,925,000))
$553,925,000
Education Legacy Trust Account--State
Appropriation . . . . . . . . . . . . $47,980,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($795,209,000))
$816,082,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The general fund -- state appropriations in this section are
subject to the following conditions and limitations:
(a) The appropriations include 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 $281.71 per funded student for the
2009-10 school year and (($282.63)) $283.00 per funded student for the
2010-11 school year exclusive of salary and benefit adjustments
provided under section 504 of this act.
(c) A school district's funded students for the learning assistance
program shall be the sum of the following as appropriate:
(i) The district's full-time equivalent enrollment in grades K-12
for the prior school year multiplied by the district's percentage of
October headcount enrollment in grades K-12 eligible for free or
reduced price lunch in the prior school year; and
(ii) If, in the prior school year, the district's percentage of
October headcount enrollment in grades K-12 eligible for free or
reduced price lunch exceeded forty percent, subtract forty percent from
the district's percentage and multiply the result by the district's K-12 annual average full-time equivalent enrollment for the prior school
year.
(d) In addition to the amounts allocated in (b) and (c) of this
subsection, an additional amount shall be allocated to school districts
with high concentrations of poverty and English language learner
students, subject to the following rules and conditions:
(i) To qualify for additional funding under this subsection, a
district's October headcount enrollment in grades kindergarten through
grade twelve must have at least twenty percent enrolled in the
transitional bilingual instruction program based on an average of the
program headcount taken in October and May of the prior school year;
and
must also have at least forty percent eligible for free or reduced
price lunch based on October headcount enrollment in grades
kindergarten through twelve in the prior school year.
(ii) Districts meeting the specifications in (d)(i) of this
subsection shall receive additional funded students for the learning
assistance program at the rates specified in subsection (1)(b) of this
section. The number of additional funded student units shall be
calculated by subtracting twenty percent from the district's percent
transitional bilingual instruction program enrollment as defined in
(d)(i) of this subsection, and the resulting percent shall be
multiplied by the district's kindergarten through twelve annual average
full-time equivalent enrollment for the prior school year.
(2) Allocations made pursuant to subsection (1) of this section
shall be adjusted to reflect ineligible applications identified through
the annual income verification process required by the national school
lunch program, as recommended in the report of the state auditor on the
learning assistance program dated February, 2010.
(3) 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))) (4) A school district may carry over from one year to the
next up to 10 percent of the general fund -- state or education legacy
trust funds allocated under this program; however, carryover funds
shall be expended for the learning assistance program.
(((4))) (5) School districts are encouraged to coordinate the use
of these funds with other federal, state, and local sources to serve
students who are below grade level and to make efficient use of
resources in meeting the needs of students with the greatest academic
deficits.
(((5))) (6) Within amounts appropriated in this section, funding is
provided for the implementation of extended learning programs required
in chapter 328, Laws of 2008.
(((6) $51,970,000 of the general fund--federal appropriation for
fiscal year 2010 and $77,955,000 of the general fund--federal
appropriation for fiscal year 2011 of American recovery and
reinvestment act of 2009 (ARRA) Title I, Part A funds are in addition
to regular Title I, Part A allocations solely for allocation to
eligible school districts in accordance with the guidelines of ARRA.))
(7) $48,981,000 of the general fund--federal appropriation from the
American recovery and reinvestment act of 2009 (ARRA) is for school
improvement. This consists of 4 percent, or $5,413,000 of the Title I,
Part A recovery funds which must be set aside for school improvement as
well as $43,568,000 in additional school improvement funds.
Sec. 516 2009 c 564 s 516 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR STUDENT ACHIEVEMENT
PROGRAMS
General Fund--State Appropriation (FY 2010) . . . . . . . . . . . . $19,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($104,101,000))
$25,730,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $200,295,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($304,396,000))
$226,044,000
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 $131.16 per FTE student for the 2009-10 school year and (($99.32)) $0 per FTE student for the 2010-11 school
year. For the purposes of this section, 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, as
reported to the office of the superintendent of public instruction by
August 31st of the previous 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) The superintendent of public instruction shall distribute the
school year allocation according to the monthly apportionment schedule
defined in RCW 28A.510.250.
(4) $200,295,000 of the general fund--federal appropriation for
fiscal year 2010 is provided solely for American recovery and
reinvestment act of 2009 (ARRA) fiscal stabilization funds to restore
state reductions for the student achievement program.
Sec. 517 2009 c 564 s 518 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION. (1) Appropriations
made in this act to the office of the 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 the superintendent of
public instruction in this act shall be expended for the programs and
amounts specified in this act. However, after May 1, 2010, 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 2010 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 student achievement 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 2009 c 564 s 601 (uncodified) is amended to read as
follows:
The appropriations in sections 605 through 611 of this act are
subject to the following conditions and limitations:
(1) "Institutions" means the institutions of higher education
receiving appropriations under sections 605 through 611 of this act.
(2) The legislature, the office of financial management, and other
state agencies need consistent and accurate personnel data from
institutions of higher education for policy planning purposes.
Institutions of higher education shall report personnel data to the
department of personnel for inclusion in the department's data
warehouse. Uniform reporting procedures shall be established by the
department of personnel for use by the reporting institutions,
including provisions for common job classifications and common
definitions of full-time equivalent staff. Annual contract amounts,
number of contract months, and funding sources shall be consistently
reported for employees under contract.
(3) In addition to waivers granted under the authority of RCW
28B.15.910, the governing boards and the state board may waive all or
a portion of operating fees for any student. State general fund
appropriations shall not be provided to replace tuition and fee revenue
foregone as a result of waivers granted under this subsection.
(4) The colleges of education for institutions with appropriations
in sections 606 through 611 shall develop a plan, by October 30, 2009,
to increase the number of math and science teacher endorsements and
certificates granted by the institution. The plan shall address the
college's math and science teacher endorsement and certification
completion goal for each of the next six years, beginning with the
2010-2011 academic year, and shall be reported to the governor, the
relevant policy committees of the legislature, the higher education
coordinating board (HECB) and the professional educator standards board
(PESB). Plan components may address: Student advising practices,
increased outreach and recruitment efforts to under-represented
populations, linkages with university mathematics and science
departments, and implementation of redesigned, innovative endorsement
and certification programs. To accomplish this work, enrollments may
need to be shifted from low-need endorsement and certificate areas to
math and science. A report shall be made each October 30th to the HECB
and PESB regarding the degree to which plan goals have been met and
activities undertaken to support those outcomes.
(5) In accordance with RCW 28B.10.920 through 28B.10.922, the state
performance agreement committee and each public four-year institution
of higher education shall develop performance agreements for the period
September 1, 2009, through June 30, 2015. The agreements shall reflect
the level of state, tuition, and other resources appropriated or
authorized for each institution in this act and in the omnibus 2009-11
omnibus capital budget act, as well as reasonably anticipated changes
in such resources for the two subsequent biennia as required to
accomplish the higher education master plan as adopted by the
legislature. The agreements shall build upon each institution's actual
performance relative to the 2011 targets previously negotiated between
the institution, the higher education coordinating board, and the
office of financial management, and shall include measurable
performance targets, benchmarks, and goals in areas including but not
limited to:
(a) Student enrollment levels, by campus;
(b) Baccalaureate and advanced degree production;
(c) Baccalaureate and advanced degree production in high employer-demand fields;
(d) Undergraduate retention and graduation rates;
(e) Time-to-degree for students entering as freshmen, and as upper-division transfers;
(f) Efficiency to degree; and
(g) Capital investment as required to (i) maintain existing
capacity, and (ii) meet enrollment targets in accordance with the
master plan as adopted by the legislature.
Each institution shall report progress toward its performance targets
during the preceding academic year to the state performance agreement
committee prior to November 1, 2010. The higher education coordinating
board shall consolidate and summarize the institutional reports, and
provide them to the relevant policy and fiscal committees of the
legislature by December 1, 2010.
(6) To facilitate transparency and compliance with the American
recovery and reinvestment act, the institutions of higher education
receiving state and federal appropriations under sections 605 through
611 of this act shall allot anticipated state, federal, and tuition
expenditures by budget program and fiscal year. The office of
financial management shall notify the legislative ways and means
committees of the proposed allotments at least ten days prior to their
approval.
(7) To the extent permitted by the applicable personnel system
rules, and to the extent collectively bargained with represented
employees, institutions of higher education are encouraged to achieve
the reductions in full-time-equivalent employment and payroll levels
necessary to operate within this budget through strategies that will
minimize impacts on employees, their families, their communities, and
short- and longer-term accomplishment of institutional mission.
Institutions are encouraged to utilize strategies such as reduced work-hours per day or week, voluntary leave without pay, and temporary
furloughs that enable employees to maintain permanent employment
status. Institutions are further encouraged to implement such
strategies in ways that will enable employees to maintain full
insurance benefits, full retirement service credit, and a living wage.
(8)(a) For institutions receiving appropriations in section 605 of
this act the only allowable salary increases provided are those with
normally occurring promotions and increases related to faculty and
staff retention, to the extent permitted by Engrossed Substitute Senate
Bill No. 5460, ((and)) House Bill No. 2328, and Substitute Senate Bill
No. 6382. In fiscal year 2010 and fiscal year 2011, the state board
for community and technical colleges may use salary and benefit savings
from faculty turnover to provide salary increments and associated
benefits for faculty who qualify through professional development and
training.
(b) For employees under the jurisdiction of chapter 41.56 RCW,
salary increases will be in accordance with the applicable collective
bargaining agreement. However, an increase shall not be provided to
any classified employee whose salary is above the approved salary range
maximum for the class to which the employee's position is allocated.
(c) For each institution of higher education receiving
appropriations under sections 606 through 611 of this act:
(i) The only allowable salary increases are those associated with
normally occurring promotions and increases related to faculty and
staff retention, to the extent permitted by Engrossed Substitute Senate
Bill No. 5460 ((and)), House Bill No. 2328, and Substitute Senate Bill
No. 6382; and
(ii) Institutions may provide salary increases from other sources
to instructional and research faculty, exempt professional staff,
teaching and research assistants, as classified by the office of
financial management, and all other nonclassified staff, but not
including employees under RCW 28B.16.015, to the extent permitted by
Engrossed Substitute Senate Bill No. 5460 ((and)), House Bill No. 2328,
and Substitute Senate Bill No. 6382. Any salary increase granted under
the authority of this subsection (8)(c)(ii) shall not be included in an
institution's salary base for future state funding. It is the intent
of the legislature that state general fund support for an institution
shall not increase during the current or any future biennium as a
result of any salary increases authorized under this subsection
(8)(c)(ii).
Sec. 602 2009 c 564 s 602 (uncodified) is amended to read as
follows:
(1) Within the funds appropriated in this act, each institution of
higher education is expected to enroll and educate at least the
following numbers of full-time equivalent state-supported students per
academic year:
| 2009-10 Annual Average | 2010-11 Annual Average | |
| University of Washington | 36,546 | 37,162 |
| Washington State University | 22,250 | 22,250 |
| Central Washington University | (( | (( |
| Eastern Washington University | (( | (( |
| The Evergreen State College | 4,213 | 4,213 |
| Western Washington University | 11,373 | 11,762 |
| State Board for Community & Technical Colleges | ||
| Adult Students | 139,237 | (( |
| Running Start Students | 11,558 | 11,558 |
Sec. 603 2009 c 564 s 605 (uncodified) is amended to read as
follows:
FOR THE STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($620,071,000))
$631,804,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($642,509,000))
$629,745,000
General Fund--Federal Appropriation . . . . . . . . . . . . $17,171,000
Education Legacy Trust Account -- State
Appropriation . . . . . . . . . . . . (($95,125,000))
$95,035,000
Opportunity Express Account--State Appropriation . . . . . . . . . . . . $18,556,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,374,876,000))
$1,392,311,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $28,761,000 of the general fund--state appropriation for fiscal
year 2010 ((and)), $28,761,000 of the general fund--state appropriation
for fiscal year 2011, and $17,556,000 of the opportunity express
account--state appropriation are provided solely as special funds for
training and related support services, including financial aid, as
specified in RCW 28C.04.390. Funding is provided to support at least
6,200 full-time equivalent students in fiscal year 2010 and at least
((6,200)) 9,984 full-time equivalent students in fiscal year 2011.
(2) $2,725,000 of the general fund--state appropriation for fiscal
year 2010 and $2,725,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for administration and customized
training contracts through the job skills program. The state board
shall make an annual report by January 1st of each year to the governor
and to the appropriate policy and fiscal committees of the legislature
regarding implementation of this section, listing the scope of grant
awards, the distribution of funds by educational sector and region of
the state, and the results of the partnerships supported by these
funds.
(3) Of the amounts appropriated in this section, $3,500,000 is
provided solely for the student achievement initiative.
(4) When implementing the appropriations in this section, the state
board and the trustees of the individual community and technical
colleges shall minimize impact on academic programs, maximize
reductions in administration, and shall at least maintain, and endeavor
to increase, enrollment opportunities and degree and certificate
production in high employer-demand fields of study at their academic
year 2008-09 levels.
(5) Within the board's 2009-11 biennial budget allocation to
Bellevue College, and pursuant to RCW 28B.50.810, the college may
implement, on a tuition and fee basis, an additional applied
baccalaureate degree in interior design. This program is intended to
provide students with additional opportunities to earn baccalaureate
degrees and to respond to emerging job and economic growth
opportunities. The program reviews and approval decisions required by
RCW 28B.50.810 (3) and (4) shall be completed by July 31, 2009, so that
the degree may be offered during the 2009-10 academic year.
(6) In accordance with the recommendations of the higher education
coordinating board's 2008 Kitsap region higher education center study,
the state board shall facilitate development of university centers by
allocating thirty 2-year and 4-year partnership full-time enrollment
equivalencies to Olympic College and ten 2-year and 4-year partnership
full-time enrollment equivalencies to Peninsula College. The colleges
shall use the allocations to establish a partnership with a
baccalaureate university or universities for delivery of upper division
degree programs in the Kitsap region. The Olympic and Peninsula
Community College districts shall additionally work together to ensure
coordinated development of these and other future baccalaureate
opportunities through coordinated needs assessment, planning, and
scheduling.
(7) By September 1, 2009, the state board for community and
technical colleges, the higher education coordinating board, and the
office of financial management shall review and to the extent necessary
revise current 2009-11 performance measures and targets based on the
level of state, tuition, and other resources appropriated or authorized
in this act and in the omnibus 2009-11 omnibus capital budget act. The
boards and the office of financial management shall additionally
develop new performance targets for the 2011-13 and the 2013-15 biennia
that will guide and measure the community and technical college
system's contributions to achievement of the state's higher education
master plan goals.
(8) $2,250,000 of the general fund--state appropriation for fiscal
year 2010 and $2,250,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the hospital employee
education and training program under which labor, management, and
college partnerships develop or expand and evaluate training programs
for incumbent hospital workers that lead to careers in nursing and
other high-demand health care occupations. The board shall report
student progress, outcomes, and costs to the relevant fiscal and policy
committees of the legislature by November 2009 and November 2010.
(9) Community and technical colleges are not required to send mass
mailings of course catalogs to residents of their districts. Community
and technical colleges shall consider lower cost alternatives, such as
mailing postcards or brochures that direct individuals to online
information and other ways of acquiring print catalogs.
(10) $1,112,000 of the general fund--state appropriation for fiscal
year 2010 and $1,113,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the state board to enhance
online distance learning and open courseware technology. Funds shall
be used to support open courseware, open textbooks, open licenses to
increase access, affordability and quality of courses in higher
education. The state board for community and technical colleges shall
select the most appropriate courses to support open courseware based
solely upon criteria of maximizing the value of instruction and
reducing costs of textbooks and other instructional materials for the
greatest number of students in higher education, regardless of the type
of institution those students attend.
(11) $158,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely to implement House Bill No. 2694 (B.S. in
nursing/university center). If the bill is not enacted by June 30,
2010, the amount provided in this subsection shall lapse.
(12)(a) The labor education and research center is transferred from
The Evergreen State College to south Seattle community college and
shall begin operations on July 1, 2010.
(b) At least $164,000 of the general fund--state appropriation for
fiscal year 2011 shall be expended on the labor education and research
center to provide outreach programs and direct educational and research
services to labor unions and worker-centered organizations.
(13) $1,000,000 of the opportunity express account--state
appropriation is provided solely for the opportunity grant program as
specified in RCW 28B.50.271.
(14) $1,750,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the state board for community and
technical colleges to contract with the aerospace training and research
center on Paine field in Everett, Washington to support industry-identified training in the aerospace sector.
(15) Sufficient amounts are provided in this section to implement
the food stamp employment and training program under Second Substitute
House Bill No. 2782 (security lifeline act).
*Sec. 604 2009 c 564 s 606 (uncodified) is amended to read as
follows:
FOR THE UNIVERSITY OF WASHINGTON
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($269,552,000))
$269,571,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($297,130,000))
$271,092,000
General Fund--Federal Appropriation . . . . . . . . . . . . (($24,730,000))
$43,971,000
Education Legacy Trust Account -- State
Appropriation . . . . . . . . . . . . (($54,408,000))
$54,534,000
Accident Account -- State Appropriation . . . . . . . . . . . . (($6,712,000))
$6,750,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . (($6,524,000))
$6,540,000
Biotoxin Account--State Appropriation . . . . . . . . . . . . (($450,000))
$449,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($659,506,000))
$652,907,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) In implementing the appropriations in this section, the
president and regents shall seek to minimize impacts on student
services and instructional programs by maximizing reductions in
administration and other non-instructional activities.
(2) Because higher education is an essential driver of economic
recovery and development, the university shall maintain, and endeavor
to increase, enrollment and degree production levels at or beyond their
academic year 2008-09 levels in the following high-demand fields:
Biological and biomedical sciences; computer and information sciences;
education with specializations in special education, math, or science;
engineering and engineering technology; health professions and related
clinical sciences; and mathematics and statistics.
(3) $75,000 of the general fund--state appropriation for fiscal
year 2010 and $75,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for forestry research by the
Olympic natural resources center.
(4) $150,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for the William D. Ruckelshaus center for
facilitation, support, and analysis to support the nurse staffing
steering committee in its work to apply best practices related to
patient safety and nurse staffing.
(5) $54,000 of the general fund--state appropriation for fiscal
year 2010 and $54,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the University of Washington
geriatric education center to provide a voluntary adult family home
certification program. In addition to the minimum qualifications
required under RCW 70.128.120, individuals participating in the
voluntary adult family home certification program shall complete fifty-two hours of class requirements as established by the University of
Washington geriatric education center. Individuals completing the
requirements of RCW 70.128.120 and the voluntary adult family home
certification program shall be issued a certified adult family home
license by the department of social and health services. The
department of social and health services shall adopt rules implementing
the provisions of this subsection.
(6) $50,000 of the general fund--state appropriation for fiscal
year 2010 and $52,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the center for international
trade in forest products in the college of forest resources.
(7)(a) $183,000 of the general fund--state appropriation for fiscal
year 2011 is for the technology law and public policy clinic at the
University of Washington school of law to prepare a comprehensive
report identifying and analyzing trends in the telecommunications
industry and pathways for telecommunications regulatory reform. The
report must include, but not be limited to, a review of the following
issues: (i) The taxation treatment of all telecommunications services
that provide the same or functionally equivalent services; (ii) the
character and degree of competition in the telecommunications market;
(iii) the regulatory, legal, and economic barriers to adequate
competition, actual or perceived, that exist; (iv) what changes could
be made in policy, law, or administrative rule to address any actual or
perceived barriers to competition; and (v) the role of the utilities
and transportation commission in the oversight and regulation of
telecommunications services.
(b) The technology law and public policy clinic shall consult with
local governments, public utility districts, telecommunications service
providers, the utilities and transportation commission, the department
of revenue, and other stakeholders in preparing its analysis and
report.
(c) By December 1, 2011, the technology law and public policy
clinic shall issue a report to the legislature with recommendations on
legislative action that may be necessary in order to effectuate
telecommunications regulatory reform in Washington.
(8) $250,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for joint planning to increase the number
of residency positions and programs in eastern Washington and Spokane
within the existing Washington, Wyoming, Alaska, Montana, Idaho (WWAMI)
regional medical education program partnership between the University
of Washington school of medicine, Washington State University, and area
physicians and hospitals. The joint planning efforts are to include
preparation of applications for new residency programs in family
medicine, internal medicine, obstetrics, psychiatry and general
surgery; business plans for those new programs; and for increasing the
number of positions in existing programs among regional academic and
hospital partners and networks. The results of the joint planning
efforts, including the status of the application preparation and
business plan, must be reported to the house of representatives
committee on higher education and the senate committee on higher
education and workforce development by December 1, 2010.
(9) $25,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for implementation of chapter 164, Laws of
2010 (local government infrastructure). The University of Washington
shall use a qualified researcher to report the percentage probability
that the application's assumptions and estimates of jobs created and
increased tax receipts will be achieved by the projects. In making
this report, the qualified researcher shall work with the department of
revenue and the applicants to develop a series of factors that are
based on available economic metrics and sound principles.
*Sec. 604 was partially vetoed. See message at end of chapter.
*Sec. 605 2009 c 564 s 607 (uncodified) is amended to read as
follows:
FOR WASHINGTON STATE UNIVERSITY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($178,578,000))
$169,462,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($196,163,000))
$178,283,000
General Fund--Federal Appropriation . . . . . . . . . . . . $15,772,000
Education Legacy Trust Account -- State
Appropriation . . . . . . . . . . . . (($34,696,000))
$34,435,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($425,209,000))
$397,952,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) In implementing the appropriations in this section, the
president and regents shall seek to minimize impacts on student
services and instructional programs by maximizing reductions in
administration and other non-instructional activities.
(2) Because higher education is an essential driver of economic
recovery and development, the university shall maintain, and endeavor
to increase, enrollment and degree production levels at or beyond their
academic year 2008-09 levels in the following high-demand fields:
Biological and biomedical sciences; computer and information sciences;
education with specializations in special education, math, or science;
engineering and engineering technology; health professions and related
clinical sciences; and mathematics and statistics.
(3) When implementing reductions for fiscal year 2010 and fiscal
year 2011, Washington State University shall minimize reductions to
extension services and agriculture extension services. Agriculture
extension includes:
(a) Faculty with extension appointments working within the
following departments in the college of agricultural, human, and
natural resource sciences with extension appointments: Animal
sciences, crop and soil sciences, entomology, horticulture, and plant
pathology;
(b) The portion of county extension educators' appointments
assigned to the "agricultural programs" area;
(c) Staff with extension appointments and extension operating
allocations located at the irrigated agriculture research and extension
center (Prosser), northwest Washington research and extension center
(Mt. Vernon), and tree fruit research and extension center (Wenatchee);
and
(d) Extension contributions to the center for precision
agricultural systems, center for sustaining agriculture and natural
resources, and the agriculture weather network.
(4) $75,000 of the general fund--state appropriation for fiscal
year 2010 and $75,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for research related to honeybee
colony collapse disease.
(5) $100,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the small business development center.
The center must, consistent with the scope, goals, deliverables, and
timeline of work specified in the annual cooperative agreement with the
United States small business administration:
(a) Develop and maintain a state comprehensive plan for the
coordination and integration of small business and entrepreneurial
development programs and the operations of a statewide small business
and entrepreneurial development system. The plan must include but not
be limited to setting measurable goals, objectives, and priorities;
(b) Advocate for the state's small business and entrepreneurial
development system and for meeting the needs of small start-ups and
existing entrepreneurs;
(c) Work with private and public entrepreneurial development and
small business assistance providers to develop entrepreneurial training
and small business assistance instructional materials and curricula
that meet the particular entrepreneurial development and small business
assistance needs of rural and low-income communities and small
manufacturers interested in exporting; and
(d) Identify policies to reduce administrative and other barriers
to efficient delivery and coordination of small business and
entrepreneurial assistance.
*Sec. 605 was partially vetoed. See message at end of chapter.
Sec. 606 2009 c 564 s 608 (uncodified) is amended to read as
follows:
FOR EASTERN WASHINGTON UNIVERSITY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($34,685,000))
$34,689,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($40,796,000))
$36,666,000
General Fund--Federal Appropriation . . . . . . . . . . . . $5,522,000
Education Legacy Trust Account -- State
Appropriation . . . . . . . . . . . . (($16,087,000))
$16,041,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($97,090,000))
$92,918,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) In implementing the appropriations in this section, the
president and governing board shall seek to minimize impacts on student
services and instructional programs by maximizing reductions in
administration and other non-instructional activities.
(2) Because higher education is an essential driver of economic
recovery and development, the university shall maintain, and endeavor
to increase, enrollment and degree production levels at or beyond their
academic year 2008-09 levels in the following high-demand fields:
Biological and biomedical sciences; computer and information sciences;
education with specializations in special education, math, or science;
engineering and engineering technology; health professions and related
clinical sciences; and mathematics and statistics.
(3) At least $200,000 of the general fund--state appropriation for
fiscal year 2010 and at least $200,000 of the general fund--state
appropriation for fiscal year 2011 shall be expended on the northwest
autism center.
Sec. 607 2009 c 564 s 609 (uncodified) is amended to read as
follows:
FOR CENTRAL WASHINGTON UNIVERSITY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($30,284,000))
$30,289,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($37,580,000))
$33,803,000
General Fund--Federal Appropriation . . . . . . . . . . . . $6,975,000
Education Legacy Trust Account -- State
Appropriation . . . . . . . . . . . . (($19,076,000))
$19,012,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($93,915,000))
$90,079,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) In implementing the appropriations in this section, the
president and governing board shall seek to minimize impacts on student
services and instructional programs by maximizing reductions in
administration and other non-instructional activities.
(2) Because higher education is an essential driver of economic
recovery and development, the university shall maintain, and endeavor
to increase, enrollment and degree production levels at or beyond their
academic year 2008-09 levels in the following high-demand fields:
Biological and biomedical sciences; computer and information sciences;
education with specializations in special education, math, or science;
engineering and engineering technology; health professions and related
clinical sciences; and mathematics and statistics.
Sec. 608 2009 c 564 s 610 (uncodified) is amended to read as
follows:
FOR THE EVERGREEN STATE COLLEGE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($20,512,000))
$20,514,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($22,865,000))
$18,505,000
General Fund--Federal Appropriation . . . . . . . . . . . . $2,366,000
Education Legacy Trust Account -- State Appropriation . . . . . . . . . . . . (($5,450,000))
$5,417,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($51,193,000))
$46,802,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) In implementing the appropriations in this section, the
president and governing board shall seek to minimize impacts on student
services and instructional programs by maximizing reductions in
administration and other non-instructional activities.
(2) Because higher education is an essential driver of economic
recovery and development, the college shall maintain, and endeavor to
increase, enrollment and degree production levels at or beyond their
academic year 2008-09 levels in the following high-demand fields:
Biological and biomedical sciences; computer and information sciences;
education with specializations in special education, math, or science;
engineering and engineering technology; health professions and related
clinical sciences; and mathematics and statistics.
(3)(a) At least $100,000 of the general fund--state appropriation
for fiscal year 2010 ((and at least $100,000 of the general fund--state
appropriation for fiscal year 2011)) shall be expended on the labor
education and research center.
(b) In fiscal year 2011 the labor education and research center
shall be transferred from The Evergreen State College to south Seattle
community college.
(4) $100,000 of the general fund--state appropriation for fiscal
year 2010 and $100,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the Washington state institute
for public policy to report to the legislature regarding efficient and
effective programs and policies. The report shall calculate the return
on investment to taxpayers from evidence-based prevention and
intervention programs and policies that influence crime, K-12 education
outcomes, child maltreatment, substance abuse, mental health, public
health, public assistance, employment, and housing. The institute for
public policy shall provide the legislature with a comprehensive list
of programs and policies that improve these outcomes for children and
adults in Washington and result in more cost-efficient use of public
resources. The institute shall submit interim reports by December 15,
2009, and October 1, 2010, and a final report by June 30, 2011. The
institute may receive additional funds from a private organization for
the purpose of conducting this study.
(5) To the extent federal or private funding is available for this
purpose, the Washington state institute for public policy and the
center for reinventing public education at the University of Washington
shall examine the relationship between participation in pension systems
and teacher quality and mobility patterns in the state. The department
of retirement systems shall facilitate researchers' access to necessary
individual-level data necessary to effectively conduct the study. The
researchers shall ensure that no individually identifiable information
will be disclosed at any time. An interim report on project findings
shall be completed by November 15, 2010, and a final report shall be
submitted to the governor and to the relevant committees of the
legislature by October 15, 2011.
(6) At least $200,000 of the general fund--state appropriation for
fiscal year 2010 and at least $200,000 of the general fund--state
appropriation for fiscal year 2011 shall be expended on the Washington
center for undergraduate education.
(7) $15,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for the Washington state institute for
public policy to examine the need for and methods to increase the
availability of nonfood items, such as personal hygiene supplies,
soaps, paper products, and other items, to needy persons in the state.
The study shall examine existing private and public programs that
provide such products, and develop recommendations for the most cost-effective incentives for private and public agencies to increase local
distribution outlets and local and regional networks of supplies. A
final report shall be delivered to the legislature and the governor by
December 1, 2009.
(8) $17,000 of the general fund--state appropriation for fiscal
year 2010 and $42,000 of the general fund--state appropriation for
fiscal year 2011 are provided to the Washington state institute for
public policy to implement Second Substitute House Bill No. 2106 (child
welfare outcomes). If the bill is not enacted by June 30, 2009, the
amounts provided in this subsection shall lapse.
(9) $54,000 of the general fund--state appropriation for fiscal
year 2010 and $23,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to implement Substitute Senate
Bill No. 5882 (racial disproportionality). If the bill is not enacted
by June 30, 2009, the amounts provided in this subsection shall lapse.
(10) $75,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for the Washington state institute of
public policy to evaluate the adequacy of and access to financial aid
and independent living programs for youth in foster care. The
examination shall include opportunities to improve efficiencies within
these programs. The institute shall report its findings by December 1,
2009.
(11) $75,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for the Washington state institute for
public policy to conduct an assessment of the general assistance
unemployable program and other similar programs. The assessment shall
include a review of programs in other states that provide similar
services and will include recommendations on promising approaches that
both improve client outcomes and reduce state costs. A report is due
by December 1, 2009.
(12) To the extent funds are available, the Washington state
institute for public policy is encouraged to continue the longitudinal
analysis of long-term mental health outcomes directed in chapter 334,
Laws of 2001 (mental health performance audit), to build upon the
evaluation of the impacts of chapter 214, Laws of 1999 (mentally ill
offenders); and to assess program outcomes and cost effectiveness of
the children's mental health pilot projects as required by chapter 372,
Laws of 2006.
(13) $50,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the institute for public policy to
provide research support to the council on quality education.
(14) At least $119,207 of the general fund--state appropriation for
fiscal year 2011 shall be expended on the longhouse center.
(15) At least $103,146 of the general fund--state appropriation for
fiscal year 2011 shall be expended on the Northwest Indian applied
research institute.
Sec. 609 2009 c 564 s 611 (uncodified) is amended to read as
follows:
FOR WESTERN WASHINGTON UNIVERSITY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($43,141,000))
$43,146,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($52,752,000))
$48,391,000
General Fund--Federal Appropriation . . . . . . . . . . . . $8,885,000
Education Legacy Trust Account -- State
Appropriation . . . . . . . . . . . . (($13,036,000))
$12,917,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($117,814,000))
$113,339,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) In implementing the appropriations in this section, the
president and governing board shall seek to minimize impacts on student
services and instructional programs by maximizing reductions in
administration and other non-instructional activities.
(2) Because higher education is an essential driver of economic
recovery and development, the university shall maintain, and endeavor
to increase, enrollment and degree production levels at or beyond their
academic year 2008-09 levels in the following high-demand fields:
Biological and biomedical sciences; computer and information sciences;
education with specializations in special education, math, or science;
engineering and engineering technology; health professions and related
clinical sciences; and mathematics and statistics.
Sec. 610 2009 c 564 s 612 (uncodified) is amended to read as
follows:
FOR THE HIGHER EDUCATION COORDINATING BOARD -- POLICY COORDINATION AND
ADMINISTRATION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($6,611,000))
$6,402,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($6,203,000))
$5,561,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($4,352,000))
$4,332,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($17,166,000))
$16,295,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Within the funds appropriated in this section, the higher
education coordinating board shall complete a system design planning
project that defines how the current higher education delivery system
can be shaped and expanded over the next ten years to best meet the
needs of Washington citizens and businesses for high quality and
accessible post-secondary education. The board shall propose policies
and specific, fiscally feasible implementation recommendations to
accomplish the goals established in the 2008 strategic master plan for
higher education. The project shall specifically address the roles,
missions, and instructional delivery systems both of the existing and
of proposed new components of the higher education system; the extent
to which specific academic programs should be expanded, consolidated,
or discontinued and how that would be accomplished; the utilization of
innovative instructional delivery systems and pedagogies to reach both
traditional and nontraditional students; and opportunities to
consolidate institutional administrative functions. The study
recommendations shall also address the proposed location, role,
mission, academic program, and governance of any recommended new
campus, institution, or university center. During the planning
process, the board shall inform and actively involve the chairs from
the senate and house of representatives committees on higher education,
or their designees. The board shall report the findings and
recommendations of this system design planning project to the governor
and the appropriate committees of the legislature by December 1, 2009.
(2) $146,000 of the general fund--state appropriation for fiscal
year 2010 and $65,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the higher education
coordinating board to administer Engrossed Second Substitute House Bill
No. 2021 (revitalizing student financial aid). If the bill is not
enacted by June 30, 2009, the amounts provided in this subsection shall
lapse.
(3) (($227,000)) $167,000 of the general fund--state appropriation
for fiscal year 2010 and (($11,000)) $71,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely to implement
Engrossed Second Substitute House Bill No. 1946 (regarding higher
education online technology). If the bill is not enacted by June 30,
2009, the amounts provided in this subsection shall lapse.
(4) (($400,000)) $350,000 of the general fund--state appropriation
for fiscal year 2010 and (($400,000)) $200,000 of the general fund--state appropriation for fiscal year 2011 are provided solely for the
higher education coordinating board to contract with the Pacific
Northwest university of health sciences to conduct training and
education of health care professionals to promote osteopathic physician
services in rural and underserved areas of the state.
Sec. 611 2009 c 564 s 613 (uncodified) is amended to read as
follows:
FOR THE HIGHER EDUCATION COORDINATING BOARD -- FINANCIAL AID AND GRANT
PROGRAMS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($204,332,000))
$188,332,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($229,711,000))
$122,218,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($13,124,000))
$13,129,000
Education Legacy Trust Account -- State
Appropriation . . . . . . . . . . . . (($88,062,000))
$116,060,000
Opportunity Pathways Account--State Appropriation . . . . . . . . . . . . $73,500,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($535,229,000))
$513,239,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) (($191,704,000)) $178,726,000 of the general fund--state
appropriation for fiscal year 2010, (($232,929,000)) $120,572,000 of
the general fund--state appropriation for fiscal year 2011,
(($80,190,000)) $109,188,000 of the education legacy trust account
appropriation, $73,500,000 of the opportunity pathways appropriation,
and (($2,446,000)) $2,545,000 of the general fund--federal
appropriation are provided solely for student financial aid payments
under the state need grant; the state work study program including up
to a four percent administrative allowance; the Washington scholars
program; and the Washington award for vocational excellence. State
need grant((,)) and the Washington award for vocational excellence((,
and state work study awards)) shall be adjusted to offset the cost of
the resident undergraduate tuition increases, limited to those tuition
increases authorized under this act. The Washington scholars program
shall provide awards sufficient to offset ninety percent of the total
tuition and fee award.
(2)(a) Within the funds appropriated in this section, eligibility
for the state need grant shall include students with family incomes at
or below 70 percent of the state median family income (MFI), adjusted
for family size. Awards for all students shall be adjusted by the
estimated amount by which Pell grant increases exceed projected
increases in the noninstructional costs of attendance. Awards for
students with incomes between 51 and 70 percent of the state median
shall be prorated at the following percentages of the award amount
granted to those with incomes below 51 percent of the MFI: 70 percent
for students with family incomes between 51 and 55 percent MFI; 65
percent for students with family incomes between 56 and 60 percent MFI;
60 percent for students with family incomes between 61 and 65 percent
MFI; and 50 percent for students with family incomes between 66 and 70
percent MFI.
(b) Grant awards for students at private four-year colleges shall
be set at the same level as the student would receive if attending one
of the public research universities.
(3) (($1,000,000 of the education legacy trust account--state
appropriation is provided solely to encourage more students to teach
secondary mathematics and science. $500,000 of this amount is for the
future teacher scholarship and conditional loan program. $500,000 of
this amount is provided to support state work study positions for
students to intern in secondary schools and classrooms.)) To the
maximum extent practicable, the board shall provide state work study
subsidies only to resident students during the 2010-11 academic year.
Additionally, in order to provide work opportunities to as many
resident students as possible, the board is encouraged to increase the
proportion of student wages that is to be paid by both proprietary and
nonprofit, public, and private employers.
(4) $3,872,000 of the education legacy trust account--state
appropriation is provided solely for the passport to college
scholarship program pursuant to chapter 28B.117 RCW. The higher
education coordinating board shall contract with a college scholarship
organization with expertise in managing scholarships for low-income,
high-potential students and foster care children and young adults to
administer the program. Of the amount in this subsection, $39,000 is
provided solely for the higher education coordinating board for
administration of the contract and the remaining shall be contracted
out to the organization for the following purposes:
(a) $384,000 is provided solely for program administration, and
(b) $3,449,000 is provided solely for student financial aid for up
to 151 students and to fund student support services. Funds are
provided for student scholarships, provider training, and for incentive
payments to the colleges they attend for individualized student support
services which may include, but are not limited to, college and career
advising, counseling, tutoring, costs incurred for students while
school is not in session, personal expenses, health insurance, and
emergency services.
(5) $1,250,000 of the general fund--state appropriation for fiscal
year 2010 ((and $1,250,000 of the general fund--state appropriation for
fiscal year 2011 are)) is provided solely for the health professional
scholarship and loan program. The funds provided in this subsection
shall be: (a) Prioritized for health care deliver sites demonstrating
a commitment to serving the uninsured; and (b) allocated between loan
repayments and scholarships proportional to current program
allocations.
(6) For fiscal year 2010 and fiscal year 2011, the board shall
defer loan or conditional scholarship repayments to the future teachers
conditional scholarship and loan repayment program for up to one year
for each participant if the participant has shown evidence of efforts
to find a teaching job but has been unable to secure a teaching job per
the requirements of the program.
(7) $246,000 of the general fund--state appropriation for fiscal
year 2010 and $246,000 of the general fund--state appropriation for
fiscal year 2011 are for community scholarship matching grants and its
administration. To be eligible for the matching grant, nonprofit
groups organized under section 501(c)(3) of the federal internal
revenue code must demonstrate they have raised at least $2,000 in new
moneys for college scholarships after the effective date of this
section. Groups may receive no more than one $2,000 matching grant per
year and preference shall be given to groups affiliated with
scholarship America. Up to a total of $46,000 per year of the amount
appropriated in this section may be awarded to a nonprofit community
organization to administer scholarship matching grants, with preference
given to an organization affiliated with scholarship America.
(8) $500,000 of the general fund--state appropriation for fiscal
year 2010 and $500,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for state need grants provided to
students enrolled in three to five credit-bearing quarter credits, or
the equivalent semester credits. Total state expenditures on this
program shall not exceed the amounts provided in this subsection.
(9) (($3,000,000)) $2,500,000 of the education legacy trust
account--state appropriation is provided solely for the gaining early
awareness and readiness for undergraduate programs project.
(10) $75,000 of the general fund--state appropriation for fiscal
year
2010 ((and $75,000 of the general fund--state appropriation for
fiscal year 2011 are)) is provided solely for higher education student
child care matching grants under chapter 28B.135 RCW.
(11) $200,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for continuation of the leadership 1000
scholarship sponsorship and matching program.
(12) In 2010 and 2011, the board shall continue to designate
Washington scholars and scholar-alternates and to recognize them at
award ceremonies as provided in RCW 28A.600.150, but state funding is
provided for award of only one scholarship per legislative district
during the 2010-11 academic year. After the 2010-11 academic year, and
as provided in RCW 28B.76.660, the board may distribute grants to these
eligible students to the extent that funds are appropriated for this
purpose.
Sec. 612 2009 c 564 s 614 (uncodified) is amended to read as
follows:
FOR THE WORK FORCE TRAINING AND EDUCATION COORDINATING BOARD
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($1,587,000))
$1,465,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,556,000))
$1,444,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($54,262,000))
$54,020,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($57,405,000))
$56,929,000
The appropriations in this section are subject to the following
conditions and limitations: (((2)))
(1) $60,000 of the general fund--state appropriation for fiscal
year 2010 and $60,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for implementation of Engrossed
Second Substitute House Bill No. 2227 (evergreen jobs act). If the
bill is not enacted by June 30, 2009, the amounts provided in this
subsection shall lapse.
(2) In 2010 and 2011, the board shall continue to designate
recipients of the Washington award for vocational excellence and to
recognize them at award ceremonies as provided in RCW 28C.04.535, but
state funding is provided for award of only one scholarship per
legislative district during the 2010-11 academic year. After the 2010-11 academic year, and as provided in RCW 28B.76.670, the board may
distribute grants to these eligible students to the extent that funds
are appropriated for this purpose.
Sec. 613 2009 c 564 s 615 (uncodified) is amended to read as
follows:
FOR THE SPOKANE INTERCOLLEGIATE RESEARCH AND TECHNOLOGY INSTITUTE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,598,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,611,000))
$1,490,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,209,000))
$3,088,000
The appropriations in this section are subject to the following
conditions and limitations: Within existing resources, the Spokane
intercollegiate research and technology institute shall coordinate with
the Washington technology center to identify gaps and overlaps in
programs and evaluate strategies to reduce administrative overhead
expenses per section 122(27) of this act.
Sec. 614 2009 c 564 s 616 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF EARLY LEARNING
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($60,478,000))
$60,400,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($61,045,000))
$21,241,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($244,859,000))
$265,305,000
Opportunity Pathways Account--State Appropriation . . . . . . . . . . . . $40,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($366,382,000))
$386,946,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) (($55,696,000)) $54,878,000 of the general fund--state
appropriation for fiscal year 2010 and (($55,696,000)) $14,685,000 of
the general fund--state appropriation for fiscal year 2011, and
$40,000,000 of the opportunity pathways account appropriation are
provided solely for early childhood education and assistance program
services. This appropriation temporarily reduces the number of slots
for the 2009-11 fiscal biennium for the early childhood education and
assistance program. The department shall reduce slots where providers
serve both federal headstart and early childhood education and
assistance program children, to the greatest extent possible, in order
to achieve no reduction of slots across the state. The amounts in this
subsection also reflect reductions to the administrative expenditures
for the early childhood education and assistance program. The
department shall reduce administrative expenditures, to the greatest
extent possible, prior to reducing early childhood education and
assistance program slots. Of these amounts, $10,284,000 is a portion
of the biennial amount of state matching dollars required to receive
federal child care and development fund grant dollars.
(2) $1,000,000 of the general fund--federal appropriation is
provided to the department to contract with Thrive by Five, Washington
for a pilot project for a quality rating and improvement system to
provide parents with information they need to choose quality child care
and education programs and to improve the quality of early care and
education programs. The department in collaboration with Thrive by
Five shall operate the pilot projects in King, Yakima, Clark, Spokane,
and Kitsap counties. The department shall use child care development
fund quality money for this purpose.
(3) $425,000 of the general fund--state appropriation for fiscal
year 2010, (($425,000)) $213,000 of the general fund--state
appropriation for fiscal year 2011, and $850,000 of the general fund--federal appropriation are provided solely for child care resource and
referral network services. The general fund--federal funding
represents moneys from the American recovery and reinvestment act of
2009 (child care development block grant).
(4) $750,000 of the general fund--state appropriation for fiscal
year 2010, $750,000 of the general fund--state appropriation for fiscal
year 2011, and $1,500,000 of the general fund--federal appropriation
are provided solely for the career and wage ladder program created by
chapter 507, Laws of 2005. The general fund--federal funding
represents moneys from the American recovery and reinvestment act of
2009 (child care development block grant).
(5) $50,000 of the general fund--state appropriation for fiscal
year 2010 and $50,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the department to work with
stakeholders and the office of the superintendent of public instruction
to identify and test a kindergarten assessment process and tools in
geographically diverse school districts. School districts may
participate in testing the kindergarten assessment process on a
voluntary basis. The department shall report to the legislature on the
kindergarten assessment process not later than January 15, 2011.
Expenditure of amounts provided in this subsection is contingent on
receipt of an equal match from private sources. As matching funds are
made available, the department may expend the amounts provided in this
subsection.
(6) $1,600,000 of the general fund--federal appropriation is
provided solely for the department to fund programs to improve the
quality of infant and toddler child care through training, technical
assistance, and child care consultation.
(7) $200,000 of the general fund--state appropriation for fiscal
year 2010 and $200,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to develop and provide culturally
relevant supports for parents, family, and other caregivers.
(8) The legislature notes that the department of early learning is
developing a plan for improving child care licensing and is consulting,
as practicable, with parents, licensed child care providers, and
stakeholders from the child care community. The plan shall outline the
processes and specify the resources necessary for improvements such as
continuing licenses, child care licensing technology, and weighted
child care regulations, including development of risk-based decision
making models and inclusive, evidence-based rule making. The
department shall submit to the appropriate committees of the
legislature a plan by January 15, 2011.
(9) The department is the lead agency for and recipient of the
federal child care and development fund grant. Amounts within this
grant shall be used to fund child care licensing, quality initiatives,
agency administration, and other costs associated with child care
subsidies. The department shall transfer a portion of this grant to
the department of social and health services to partially fund the
child care subsidies paid by the department of social and health
services on behalf of the department of early learning.
(10) The department shall use child care development fund money to
satisfy the federal audit requirement of the improper payments act
(IPIA) of 2002. In accordance with the IPIA's rules, the money spent
on the audits will not count against the five percent state limit on
administrative expenditures.
(11) Within available amounts, the department in consultation with
the office of financial management and the department of social and
health services shall report quarterly enrollments and active caseload
for the working connections child care program to the legislative
fiscal committees. The report shall also identify the number of cases
participating in both temporary assistance for needy families and
working connections child care.
(12) The appropriations in this section reflect reductions in the
appropriations for the department's administrative expenses. It is the
intent of the legislature that these reductions shall be achieved, to
the greatest extent possible, by reducing those administrative costs
that do not affect direct client services or direct service delivery or
program.
(13) $500,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the department to contract with the
private-public partnership established in chapter 43.215 RCW for home
visitation programs. Of this amount, $200,000 of the general fund--state appropriation for fiscal year 2011 is provided solely for
expenditure into the home visiting services account created in Part IX
of this act to be used for contracts for home visitation with the
private-public partnership.
(14) In accordance to RCW 43.215.255(2) and 43.135.055, the
department is authorized to increase child care center licensure fees
by fifty-two dollars for the first twelve children and an additional
four dollars per additional child in fiscal year 2011 for costs to the
department for the licensure activity, including costs of necessary
inspection.
Sec. 615 2009 c 564 s 617 (uncodified) is amended to read as
follows:
FOR THE STATE SCHOOL FOR THE BLIND
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $5,902,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($5,908,000))
$5,985,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($1,928,000))
$1,942,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($13,738,000))
$13,829,000
The appropriations in this section are subject to the following
conditions and limitations: $271,000 of the general fund--private/local appropriation is provided solely for the school for the
blind to offer short course programs, allowing students the opportunity
to leave their home schools for short periods and receive intensive
training. The school for the blind shall provide this service to the
extent that it is funded by contracts with school districts and
educational services districts.
Sec. 616 2009 c 564 s 618 (uncodified) is amended to read as
follows:
FOR THE ((STATE SCHOOL FOR THE DEAF)) WASHINGTON STATE CENTER FOR
CHILDHOOD DEAFNESS AND HEARING LOSS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($8,592,000))
$8,593,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($8,656,000))
$8,782,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $526,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($17,774,000))
$17,901,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $210,000 of the general fund--private/local appropriation is
provided solely for the operation of the shared reading video outreach
program. The school for the deaf shall provide this service to the
extent it is funded by contracts with school districts and educational
service districts.
(2) $25,000 of the general fund--state appropriation for fiscal
year 2010 and $25,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for implementation of Engrossed
Second Substitute House Bill No. 1879 (deaf and hard of hearing). If
the bill is not enacted by June 30, 2009, the amounts provided in this
subsection shall lapse.
Sec. 617 2009 c 564 s 619 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE ARTS COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($1,876,000))
$1,844,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,883,000))
$1,347,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,923,000))
$1,944,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($1,054,000))
$1,052,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($6,736,000))
$6,187,000
The appropriations in this section are subject to the following
conditions and limitations: It is the intent of the legislature that
the reductions in appropriations in this section shall be achieved, to
the greatest extent possible, by reducing those administrative costs
that do not affect direct client services or direct service delivery or
programs. The agency shall, to the greatest extent possible, reduce
spending in those areas that shall have the least impact on
implementing its mission.
Sec. 618 2009 c 564 s 620 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE HISTORICAL SOCIETY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $2,592,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($2,636,000))
$2,607,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($5,228,000))
$5,199,000
The appropriations in this section are subject to the following
conditions and limitations: It is the intent of the legislature that
the reductions in appropriations in this section shall be achieved, to
the greatest extent possible, by reducing those administrative costs
that
do not affect direct client services or direct service delivery or
programs. The agency shall, to the greatest extent possible, reduce
spending in those areas that shall have the least impact on
implementing its mission.
Sec. 619 2009 c 564 s 621 (uncodified) is amended to read as
follows:
FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,612,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,655,000))
$1,632,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,267,000))
$3,244,000
The appropriations in this section are subject to the following
conditions and limitations: It is the intent of the legislature that
the reductions in appropriations in this section shall be achieved, to
the greatest extent possible, by reducing those administrative costs
that do not affect direct client services or direct service delivery or
programs. The agency shall, to the greatest extent possible, reduce
spending in those areas that shall have the least impact on
implementing its mission.
Sec. 701 2009 c 564 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 2010) . . . . . . . . . . . . (($854,991,000))
$842,590,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($901,265,000))
$894,284,000
State Building Construction Account -- State
Appropriation . . . . . . . . . . . . $11,707,000
Columbia River Basin Water Supply Development Account --
State Appropriation . . . . . . . . . . . . (($92,000))
$117,000
Hood Canal Aquatic Rehabilitation Bond Account -- State
Appropriation . . . . . . . . . . . . $11,000
State Taxable Building Construction Account -- State
Appropriation . . . . . . . . . . . . $1,136,000
Gardner-Evans Higher Education Construction Account --
State Appropriation . . . . . . . . . . . . $260,000
Debt-Limit Reimbursable Bond Retirement Account -- State
Appropriation . . . . . . . . . . . . (($2,619,000))
$2,612,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,772,081,000))
$1,752,717,000
The appropriations in this section are subject to the following
conditions and limitations: The general fund appropriations are for
expenditure into the debt-limit general fund bond retirement account.
The entire general fund--state appropriation for fiscal year 2010 shall
be expended into the debt-limit general fund bond retirement account by
June 30, 2010.
Sec. 702 2009 c 564 s 703 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING
BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO
BE REIMBURSED AS PRESCRIBED BY STATUTE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . (($26,463,000))
$26,436,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($27,811,000))
$27,773,000
School Construction and Skill Centers Building
Account -- State Appropriation . . . . . . . . . . . . $477,000
Nondebt-Limit Reimbursable Bond Retirement Account --
State Appropriation . . . . . . . . . . . . (($141,507,000))
$140,872,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($196,258,000))
$195,558,000
The appropriations in this section are subject to the following
conditions and limitations: The general fund appropriation is for
expenditure into the nondebt-limit general fund bond retirement
account. The entire general fund--state appropriation for fiscal year
2010 shall be expended into the nondebt-limit general fund bond
retirement account by June 30, 2010.
Sec. 703 2009 c 564 s 704 (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 2010) . . . . . . . . . . . . $1,357,000
General Fund--State Appropriation (FY 2011) . . . . . . . . . . . . $1,357,000
State Building Construction Account -- State
Appropriation . . . . . . . . . . . . $1,273,000
Columbia River Basin Water Supply Development
Account -- State Appropriation . . . . . . . . . . . . (($6,000))
$9,000
Hood Canal Aquatic Rehabilitation Bond Account --
State Appropriation . . . . . . . . . . . . $1,000
State Taxable Building Construction Account -- State
Appropriation . . . . . . . . . . . . $72,000
Gardner-Evans Higher Education Construction
Account -- State Appropriation . . . . . . . . . . . . $18,000
School Construction and Skill Centers Building
Account -- State Appropriation . . . . . . . . . . . . $30,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,114,000))
$4,117,000
Sec. 704 2009 c 564 s 708 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF ((COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT))
COMMERCE -- COUNTY PUBLIC HEALTH ASSISTANCE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $24,000,000
((General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . $24,000,000))
TOTAL APPROPRIATION . . . . . . . . . . . . $48,000,000
The appropriations in this section are subject to the following
conditions and limitations: The director of the department of
((community, trade, and economic development)) commerce shall
distribute the appropriations to the following counties and health
districts in the amounts designated to support public health services,
including public health nursing:
| Health District | FY 2010 | (( | |
| Adams County Health District | $30,951 | ||
| Asotin County Health District | $67,714 | ||
| Benton-Franklin Health District | $1,165,612 | ||
| Chelan-Douglas Health District | $184,761 | ||
| Clallam County Health and Human Services Department | $141,752 | ||
| Southwest Washington Health District | $1,084,473 | ||
| Columbia County Health District | $40,529 | ||
| Cowlitz County Health Department | $278,560 | ||
| Garfield County Health District | $15,028 | ||
| Grant County Health District | $118,595 | ||
| Grays Harbor Health Department | $183,870 | ||
| Island County Health Department | $91,892 | ||
| Jefferson County Health and Human Services | $85,782 | ||
| Seattle-King County Department of Public Health | $9,531,747 | ||
| Bremerton-Kitsap County Health District | $554,669 | ||
| Kittitas County Health Department | $92,499 | ||
| Klickitat County Health Department | $62,402 | ||
| Lewis County Health Department | $105,801 | ||
| Lincoln County Health Department | $29,705 | ||
| Mason County Department of Health Services | $95,988 | ||
| Okanogan County Health District | $63,458 | ||
| Pacific County Health Department | $77,427 | ||
| Tacoma-Pierce County Health Department | $2,820,590 | ||
| San Juan County Health and Community Services | $37,531 | ||
| Skagit County Health Department | $223,927 | ||
| Snohomish Health District | $2,258,207 | ||
| Spokane County Health District | $2,101,429 | ||
| Northeast Tri-County Health District | $110,454 | ||
| Thurston County Health Department | $600,419 | ||
| Wahkiakum County Health Department | $13,773 | ||
| Walla Walla County-City Health Department | $172,062 | ||
| Whatcom County Health Department | $855,863 | ||
| Whitman County Health Department | $78,733 | ||
| Yakima Health District | $623,797 | ||
| TOTAL APPROPRIATIONS | $24,000,000 |
NEW SECTION. Sec. 705 A new section is added to 2009 c 564
(uncodified) to read as follows:
FOR THE DEPARTMENT OF HEALTH -- COUNTY PUBLIC HEALTH ASSISTANCE
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . $24,000,000
The appropriations in this section are subject to the following
conditions and limitations: The director of the department of health
shall distribute the appropriations to the following counties and
health districts in the amounts designated to support public health
services, including public health nursing:
| Health District | FY 2011 |
| Adams County Health District | $30,951 |
| Asotin County Health District | $67,714 |
| Benton-Franklin Health District | $1,165,612 |
| Chelan-Douglas Health District | $184,761 |
| Clallam County Health and Human Services Department | $141,752 |
| Southwest Washington Health District | $1,084,473 |
| Columbia County Health District | $40,529 |
| Cowlitz County Health Department | $278,560 |
| Garfield County Health District | $15,028 |
| Grant County Health District | $118,596 |
| Grays Harbor Health Department | 183,870 |
| Island County Health Department | $91,892 |
| Jefferson County Health and Human Services | $85,782 |
| Seattle-King County Department of Public Health | $9,531,747 |
| Bremerton-Kitsap County Health District | $554,669 |
| Kittitas County Health Department | $92,499 |
| Klickitat County Health Department | $62,402 |
| Lewis County Health Department | $105,801 |
| Lincoln County Health Department | $29,705 |
| Mason County Department of Health Services | $95,988 |
| Okanogan County Health District | $63,458 |
| Pacific County Health Department | $77,427 |
| Tacoma-Pierce County Health Department | $2,820,590 |
| San Juan County Health and Community Services | $37,531 |
| Skagit County Health Department | $223,927 |
| Snohomish Health District | $2,258,207 |
| Spokane County Health District | $2,101,429 |
| Northeast Tri-County Health District | $110,454 |
| Thurston County Health Department | $600,419 |
| Wahkiakum County Health Department | $13,772 |
| Walla Walla County-City Health Department | $172,062 |
| Whatcom County Health Department | $855,863 |
| Whitman County Health Department | $78,733 |
| Yakima Health District | $623,797 |
| TOTAL APPROPRIATIONS | $24,000,000 |
Sec. 706 2009 c 564 s 710 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF RETIREMENT SYSTEMS -- CONTRIBUTIONS TO
RETIREMENT SYSTEMS. The appropriations in this section are subject to
the following conditions and limitations: The appropriations for the
law enforcement officers' and firefighters' retirement system shall be
made on a monthly basis beginning July 1, 2009, consistent with chapter
41.45 RCW, and the appropriations for the judges and judicial
retirement systems shall be made on a quarterly basis consistent with
chapters 2.10 and 2.12 RCW.
(1) There is appropriated for state contributions to the law
enforcement officers' and firefighters' retirement system:
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $51,500,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($54,300,000))
$55,400,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($105,800,000))
$106,900,000
(2) There is appropriated for contributions to the judicial
retirement system:
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $11,570,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($12,860,000))
$10,860,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($24,430,000))
$22,430,000
Sec. 707 2009 c 564 s 717 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--CAPITOL BUILDING CONSTRUCTION
ACCOUNT
General Fund--State Appropriation (FY 2010) . . . . . . . . . . . . (($2,312,000))
$1,912,000
General Fund--State Appropriation (FY 2011) . . . . . . . . . . . . $3,615,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($5,927,000))
$5,527,000
The appropriations in this section are subject to the following
conditions and limitations: The appropriations are provided solely for
expenditure into the capitol building construction account.
*NEW SECTION. Sec. 708 A new section is added to 2009 c 564
(uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--WASHINGTON MANAGEMENT SERVICES
AND EXEMPT MANAGEMENT SERVICES REDUCTIONS
General Fund--State Appropriation (FY 2011) . . . . . . . . . . . . ($10,000,000)
Special Account Salary/Insurance Increase
Account--State Revolving Account Appropriation . . . . . . . . . . . . ($14,100,000)
TOTAL APPROPRIATION . . . . . . . . . . . . ($24,100,000)
The appropriations for state agencies are subject to the following
conditions and limitations:
(1) Appropriations are adjusted to reflect changes to agency
appropriations to reflect savings resulting from Washington management
services and exempt management services reductions provided in section
2 of Engrossed Substitute Senate Bill No. 6503 (closing state agencies
on specified dates): The office of financial management shall update
agency appropriations schedules to reflect the changes to funding
levels in this section as identified by agency and fund in LEAP
documents TL1 - 2010 dated April 10, 2010. If the bill is not enacted
by June 30, 2010, the appropriation reductions provided in this section
shall lapse. To facilitate the transfer of moneys from dedicated funds
and accounts, the state treasurer is directed to transfer sufficient
moneys from each dedicated fund or account to the special account
retirement contribution increase revolving account in accordance with
schedules provided by the office of financial management.
(2) Appropriations in this act reflect reduced appropriations
resulting from the enactment of section 3 of Engrossed Substitute
Senate Bill No. 6503.
*Sec. 708 was vetoed. See message at end of chapter.
NEW SECTION. Sec. 709 A new section is added to 2009 c 564
(uncodified) to read as follows:
FOR SUNDRY CLAIMS. The following sums, or so much thereof as may
be necessary, are appropriated from the general fund, unless otherwise
indicated, for relief of various individuals, firms, and corporations
for sundry claims. These appropriations are to be disbursed on
vouchers approved by the director of 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) Gerald S. Morrow, claim number 99970006 . . . . . . . . . . . . $20,567
(b) Darrell R. Baumgart, claim number 99970007 . . . . . . . . . . . . $4,528
(c) William Davis, claim number 99970008 . . . . . . . . . . . . $8,093
(d) Gene T. Strader, claim number 99970009 . . . . . . . . . . . . $33,875
(e) Cecilio Cortez, claim number 99970012 . . . . . . . . . . . . $17,055
(f) Alexander D. Coble, claim number 99970013 . . . . . . . . . . . . $302,110
(g) James W. Jolly, claim number 99970017 . . . . . . . . . . . . $28,884
(h) James Jay Olsen, claim number 99970018 . . . . . . . . . . . . $97,220
(i) Todd E. Miller, claim number 99970019 . . . . . . . . . . . . $6,957
(j) Sean S. DeHart, claim number 99970021 . . . . . . . . . . . . $52,062
(k) Thomas L. Raglin, Jr., claim number 99970022 . . . . . . . . . . . . $4,360
(l) Matthew Smitham, claim number 99970016 . . . . . . . . . . . . $8,100
(m) John R. Frederick, claim number 99970020 . . . . . . . . . . . . $7,719
(n) Justin C. Federmeyer, claim number 99970023 . . . . . . . . . . . . $29,728
(o) David R. Palmer, claim number 99970024 . . . . . . . . . . . . $4,250
(p) Ian K. Berghoffer, claim number 99970026 . . . . . . . . . . . . $33,455
(q) Darryl L. Koenen, claim number 99970027 . . . . . . . . . . . . $23,077
(r) Lee J. Stites, claim number 99970028 . . . . . . . . . . . . $7,502
(s) Bobby G. Ewing, claim number 99970029 . . . . . . . . . . . . $51,093
(2) Payment of death benefit, pursuant to RCW 41.04.017: Estate of
Erik Anderson, claim number 99970014 . . . . . . . . . . . . $150,000
NEW SECTION. Sec. 710 A new section is added to 2009 c 564
(uncodified) to read as follows:
STRATEGIC PRINTING STRATEGY. (1) The office of financial
management shall work with the appropriate state agencies to generate
savings of $1,500,000 from the state general fund that can arise from
a strategic printing strategy. From appropriations in this act, the
office of financial management shall reduce general fund--state
allotments by $1,500,000 for fiscal year 2011 to reflect the savings
from the strategic printing strategy. The allotment reductions shall
be placed in unallotted status and remain unexpended.
(2) The office of financial management, with the assistance of the
department of information services and the department of printing,
shall conduct an analysis of the state's printing processes to identify
the most reasonable strategies of attaining a statewide savings target
of $1,500,000 without affecting direct program activities. The
strategies shall include, but not be limited to, standardizing
envelopes, utilizing print management, and streamlining processes.
Pursuant to RCW 41.06.142(3), the strategies shall also include, on the
approval of the office of financial management, pilot projects to
authorize state agencies and institutions to directly acquire printing
services. The analysis shall identify savings by agency and fund that
will result from the implementation of a strategic printing strategy.
The results of this analysis shall then be provided to the director of
financial management and appropriate legislative committees by July 1,
2010. The director shall use the analysis as the basis to achieve the
savings identified in subsection (1) of this section.
NEW SECTION. Sec. 711 A new section is added to 2009 c 564
(uncodified) to read as follows:
INFORMATION TECHNOLOGY. Pursuant to section 11, chapter 282, Laws
of 2010 (state government technology use), the office of financial
management shall work with the appropriate state agencies to generate
savings of $30,000,000 from technology efficiencies from the state
general fund. From appropriations in this act, the office of financial
management shall reduce general fund--state allotments by $30,000,000
for fiscal year 2011. The office of financial management shall,
utilizing existing fund balance, reduce the data processing revolving
account rates in an amount to reflect up to half of the reductions
identified in this section. The allotment reductions shall be placed
in unallotted status and remain unexpended. Nothing in this section is
intended to impact revenue collection efforts by the department of
revenue.
NEW SECTION. Sec. 712 A new section is added to 2009 c 564
(uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--EXTRAORDINARY CRIMINAL JUSTICE
COSTS
General Fund--State Appropriation (FY 2010) . . . . . . . . . . . . $620,000
The appropriation in this section is subject to the following
conditions and limitations: The director of financial management shall
distribute funds to Jefferson county ($197,000), Skagit county
($390,000), and Franklin county ($33,000) for extraordinary criminal
justice costs.
Sec. 713 2009 c 564 s 720 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--CONTRIBUTIONS TO RETIREMENT
SYSTEMS
((General Fund--State Appropriation (FY 2010) . . . . . . . . . . . . $400,000
General Fund--State Appropriation (FY 2011) . . . . . . . . . . . . $400,000
Special Account Retirement System Contribution
Increase Revolving Account Appropriation . . . . . . . . . . . . $1,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,800,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Thesection are provided solely to
increase)) act include agency and institution appropriations and public
school funding allocations to reflect increased employer contribution
rates in the public employees' retirement system and the school
employees' retirement system as a result of the provisions of
Substitute Senate Bill No. 6157 (calculating compensation for public
retirement purposes). ((If the bill is not enacted by June 30, 2009,
the amounts provided in this section shall lapse.))
(2) To facilitate the transfer of moneys to dedicated funds and
accounts, the state treasurer shall transfer sufficient moneys to each
dedicated fund or account from the special account retirement
contribution increase revolving account in accordance with schedules
provided by the office of financial management.
NEW SECTION. Sec. 714 A new section is added to 2009 c 564
(uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--OPPORTUNITY EXPRESS ACCOUNT
General Fund--State Appropriation (FY 2011) . . . . . . . . . . . . $18,556,000
The appropriation in this section is provided solely for
expenditure into the opportunity express account--state.
Sec. 715 2010 c 247 s 502 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--REVISED EMPLOYER HEALTH
BENEFIT RATES
Aeronautics Account--State . . . . . . . . . . . . (($3,000))
$10,000
State Patrol Highway Account--State . . . . . . . . . . . . (($618,000))
$1,877,000
Motorcycle Safety Education Account--State . . . . . . . . . . . . (($2,000))
$5,000
High Occupancy Toll Lanes Operations Account--State . . . . . . . . . . . . (($2,000))
$5,000
Rural Arterial Trust Account--State . . . . . . . . . . . . (($2,000))
$5,000
Wildlife Account--State . . . . . . . . . . . . (($2,000))
$5,000
Highway Safety Account--State . . . . . . . . . . . . (($261,000))
$791,000
Highway Safety Account--Federal . . . . . . . . . . . . (($6,000))
$19,000
Motor Vehicle Account--State . . . . . . . . . . . . (($1,076,000))
$3,262,000
Puget Sound Ferry Operations Account--State . . . . . . . . . . . . (($527,000))
$1,601,000
Urban Arterial Trust Account--State . . . . . . . . . . . . (($2,000))
$5,000
Transportation Improvement Account--State . . . . . . . . . . . . (($2,000))
$5,000
County Arterial Preservation Account--State . . . . . . . . . . . . (($2,000))
$5,000
Department of Licensing Services Account--State . . . . . . . . . . . . (($3,000))
$10,000
Multimodal Transportation Account--State . . . . . . . . . . . . (($13,000))
$39,000
Tacoma Narrows Toll Bridge Account--State . . . . . . . . . . . . (($3,000))
$10,000
Appropriations are adjusted to reflect changes to appropriations to
reflect changes in the employer cost of providing health benefit
coverage. The office of financial management shall update agency
appropriations schedules to reflect the changes in funding levels in
this section as identified by agency and fund in LEAP transportation
document GLB-2010A. From the applicable accounts, the office of
financial management shall adjust allotments to the respective agencies
by an amount that conforms with funding adjustments enacted in the 2010
supplemental omnibus operating appropriations act. Any allotment
reductions under this section must be placed in reserve status and
remain unexpended.
NEW SECTION. Sec. 716 A new section is added to 2009 c 564
(uncodified) to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM PERMIT COMPLIANCE
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $2,425,000
The appropriation in this section is subject to the following
conditions and limitations: The motor vehicle account appropriation is
provided solely for the department of transportation program delivery
management and support program's compliance with its national pollution
discharge elimination system permit. The department's work may include
the competition of system development, reporting, and planning to meet
deadlines in the current biennium.
*NEW SECTION. Sec. 717 A new section is added to 2009 c 564
(uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--AGENCY REALLOCATION AND
REALIGNMENT COMMISSION
General Fund--State Appropriation (FY 2011) . . . . . . . . . . . . $250,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The agency reallocation and realignment of Washington (ARROW)
commission on restructuring state government is established, with
members as provided in this section.
(a) The governor, the president of the senate, and the speaker of
the house of representatives shall each appoint two members to the
commission, each of whom shall have broad statewide policy and fiscal
experience. Each appointing authority shall appoint a member to
replace any member who resigns.
(b) The commission shall choose its chair from among its membership
or may select a representative of the administering higher education
institution as chair. The president of the senate and the speaker of
the house, or their mutually selected designee, shall convene the
initial meeting of the commission and shall preside until a chair is
chosen.
(2) The commission shall:
(a) Review budget, revenue, and caseload forecasts and estimates
over the ensuing six-year period;
(b) Examine current operations and organization of state
government, assuming no expansion of current funding sources; and
(c) Evaluate operational and organizational restructuring
possibilities to find cost savings and efficiencies in order to
maintain or enhance governmental functions with fewer resources.
(3) The commission may make proposals to:
(a) Adopt methods and procedures for reducing expenditures to the
lowest amount consistent with the efficient performance of essential
services, activities, and functions;
(b) Eliminate duplication and overlapping of services, activities,
and functions, and time-consuming or wasteful practices;
(c) Consolidate services, activities, and functions of a similar
nature;
(d) Abolish services, activities, and functions to improve the
efficient operation of government;
(e) Eliminate state departments and agencies, create new state
departments and agencies, reorganize existing state departments and
agencies, and transfer functions and responsibilities among state
departments and agencies;
(f) Define or redefine the duties and responsibilities of state
officers; and
(g) Revise present provisions for continuing appropriations of
state funds of whatever kind for whatever purpose, eliminate any such
existing provisions, or adopt new provisions.
(4) Staffing and administrative support to the commission shall be
provided by a university or college that volunteers to do so.
(5) Commissioners are entitled to be reimbursed for travel expenses
in accordance with RCW 43.03.050 and 43.03.060 from funds appropriated
to the commission.
(6) The expenses of the commission shall be paid out of funds
appropriated to the commission, funds made available by the university
or college administering the commission, and gifts, grants, and
donations.
(7) The commission shall report its findings and recommendations,
including proposed legislation, to the appropriate committees of the
legislature. Recommendations may be in bill form as proposed
legislation, as appropriations or revenue proposals, revisions to
administrative rules, or other appropriate formats.
(8) The office of the code reviser shall assist the commission with
bill drafting as needed.
(9) This section expires June 30, 2011.
*Sec. 717 was vetoed. See message at end of chapter.
Sec. 801 2009 c 564 s 801 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- STATE REVENUES FOR DISTRIBUTION
General Fund Appropriation for fire insurance
premium distributions . . . . . . . . . . . . (($8,268,000))
$7,572,000
General Fund Appropriation for public utility
district excise tax distributions . . . . . . . . . . . . (($48,771,000))
$47,342,000
General Fund Appropriation for prosecuting
attorney distributions . . . . . . . . . . . . $6,281,000
General Fund Appropriation for boating
safety and education distributions . . . . . . . . . . . . $4,854,000
General Fund Appropriation for other tax
distributions . . . . . . . . . . . . $50,000
General Fund Appropriation for habitat conservation
program distributions . . . . . . . . . . . . $3,000,000
Death Investigations Account Appropriation for distribution
to counties for publicly funded autopsies . . . . . . . . . . . . $2,544,000
Aquatic Lands Enhancement Account Appropriation for
harbor improvement revenue distribution . . . . . . . . . . . . $170,000
Timber Tax Distribution Account Appropriation for
distribution to "timber" counties . . . . . . . . . . . . (($69,288,000))
$36,651,000
County Criminal Justice Assistance Appropriation . . . . . . . . . . . . (($66,374,000))
$68,528,000
Municipal Criminal Justice Assistance
Appropriation . . . . . . . . . . . . (($25,622,000))
$27,175,000
City-County Assistance Account Appropriation for local
government financial assistance distribution . . . . . . . . . . . . (($28,564,000))
$27,366,000
Liquor Excise Tax Account Appropriation for liquor
excise tax distribution . . . . . . . . . . . . (($50,950,000))
$58,268,000
Streamline Sales and Use Tax Account Appropriation for
distribution to local taxing jurisdictions to mitigate
the unintended revenue redistribution effect of the
sourcing law changes . . . . . . . . . . . . (($65,038,000))
$50,056,000
Columbia River Water Delivery Account Appropriation for the
Confederated Tribes of the Colville Reservation . . . . . . . . . . . . (($7,308,000))
$7,315,000
Columbia River Water Delivery Account Appropriation for the
Spokane Tribe of Indians . . . . . . . . . . . . (($4,676,000))
$4,644,000
Liquor Revolving Account Appropriation for liquor
profits distribution . . . . . . . . . . . . (($80,435,000))
$68,741,000
Liquor Revolving Account Appropriation for additional
liquor profits distribution to local
governments . . . . . . . . . . . . $18,677,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($490,870,000))
$439,234,000
The total expenditures from the state treasury under the
appropriations in this section shall not exceed the funds available
under statutory distributions for the stated purposes.
NEW SECTION. Sec. 802 A new section is added to 2009 c 564
(uncodified) to read as follows:
FOR THE STATE TREASURER--TRANSFERS. If the forecast adopted by
the state economic and revenue forecast council in March 2011
anticipates that less than one hundred thirteen million five hundred
thousand dollars of state lottery revenue will be deposited into the
opportunity pathways account in fiscal year 2011, the state treasurer
shall transfer sufficient funds from the state general fund to the
opportunity pathways account to assure that deposits into the
opportunity pathways account total one hundred thirteen million five
hundred thousand dollars in fiscal year 2011.
*Sec. 803 2009 c 564 s 805 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- TRANSFERS
State Treasurer's Service Account: For transfer to the
state general fund, (($10,400,000)) $16,400,000 for
fiscal year 2010 and (($10,400,000)) $16,400,000 for
fiscal year 2011 . . . . . . . . . . . . (($20,800,000))
$32,800,000
Waste Reduction, Recycling and Litter Control Account: For
transfer to the state general fund, (($2,000,000))
$3,000,000 for fiscal year 2010 and (($2,000,000))
$3,000,000 for fiscal year 2011 . . . . . . . . . . . . (($4,000,000))
$6,000,000
State Toxics Control Account: For transfer to the state
general fund, $15,340,000 for fiscal year 2010 and
(($14,400,000)) $17,780,000 for fiscal year
2011 . . . . . . . . . . . . (($29,740,000))
$33,120,000
Local Toxics Control Account: For transfer to the state
general fund, $37,060,000 for fiscal year 2010 and
(($36,000,000)) $48,759,000 for fiscal year
2011 . . . . . . . . . . . . (($73,060,000))
$85,819,000
Education Construction Account: For transfer to the state
general fund, (($93,362,000)) $105,228,000 for fiscal
year 2010 and (($100,401,000)) $106,451,000 for fiscal
year 2011 . . . . . . . . . . . . (($193,763,000))
$211,679,000
Aquatics Lands Enhancement Account: For transfer to the
state general fund, (($5,050,000)) $8,520,000 for
fiscal year 2010 and $5,050,000 for fiscal year
2011 . . . . . . . . . . . . (($10,100,000))
$13,570,000
Drinking Water Assistance Account: For transfer to the
drinking water assistance repayment account . . . . . . . . . . . . $28,600,000
Economic Development Strategic Reserve Account: For
transfer to the state general fund, $2,500,000 for
fiscal year 2010 and $2,500,000 for fiscal
year 2011 . . . . . . . . . . . . $5,000,000
Tobacco Settlement Account: For transfer to the state
general fund, in an amount not to exceed by more
than (($26,000,000)) $42,200,000 the actual amount
of the annual payment to the tobacco settlement
account . . . . . . . . . . . . (($204,098,000))
$220,298,000
Tobacco Settlement Account: For transfer to the life
sciences discovery fund, in an amount not to exceed
(($26,000,000)) $42,200,000 less than the actual
amount of the strategic contribution supplemental
payment to the tobacco settlement account . . . . . . . . . . . . (($39,170,000))
$22,970,000
General Fund: For transfer to the streamline sales and
use tax account, (($31,447,000)) $24,274,000 for
fiscal year 2010 and (($33,591,000)) 24,182,000 for
fiscal year 2011 . . . . . . . . . . . . (($65,038,000))
$48,456,000
State Convention and Trade Center Account: For transfer
to the state convention and trade center operations
account, $1,000,000 for fiscal year 2010 and $3,100,000
for fiscal year 2011 . . . . . . . . . . . . $4,100,000
Tobacco Prevention and Control Account: For transfer
to the state general fund for fiscal year 2010 . . . . . . . . . . . . $1,961,000
Nisqually Earthquake Account: For transfer to the
disaster response account for fiscal year 2010 . . . . . . . . . . . . $500,000
Judicial Information Systems Account: For transfer
to the state general fund, (($2,500,000)) $3,250,000
for fiscal year 2010 and (($2,500,000)) $3,250,000
for fiscal year 2011 . . . . . . . . . . . . (($5,000,000))
$6,500,000
Department of Retirement Systems Expense Account: For
transfer to the state general fund, $1,000,000 for
fiscal year 2010 and $1,500,000 for fiscal year
2011 . . . . . . . . . . . . (($1,500,000))
$2,500,000
State Emergency Water Projects Account: For transfer
to the state general fund, $390,000 for fiscal
year 2011 . . . . . . . . . . . . $390,000
The Charitable, Educational, Penal, and Reformatory
Institutions Account: For transfer to the state
general fund, $5,550,000 for fiscal year 2010 and
$5,550,000 for fiscal year 2011 . . . . . . . . . . . . $11,100,000
Energy Freedom Account: For transfer to the state
general fund, (($2,978,000)) $4,038,000 for fiscal
year 2010 and $2,978,000 for fiscal year 2011 . . . . . . . . . . . . (($5,956,000))
$7,016,000
Thurston County Capital Facilities Account: For
transfer to the state general fund, (($4,194,000))
$8,604,000 for fiscal year 2010 and (($4,194,000))
$5,538,000 for fiscal year 2011 . . . . . . . . . . . . (($8,388,000))
$14,142,000
Public Works Assistance Account: For transfer to the
state general fund, (($184,000,000)) $279,640,000
for fiscal year 2010 and (($184,000,000))
$229,560,000 for fiscal year 2011 . . . . . . . . . . . . (($368,000,000))
$509,200,000
Budget Stabilization Account: For transfer to the
state general fund for fiscal year 2010 . . . . . . . . . . . . $45,130,000
Budget Stabilization Account: For transfer to the
state general fund for fiscal year 2010 if House
Bill No. 3197 is not enacted by June 30, 2010 . . . . . . . . . . . . $95,986,000
Liquor Revolving Account: For transfer to the state
general fund, $31,000,000 for fiscal year 2010 and
(($31,000,000)) $25,500,000 for fiscal year
2011 . . . . . . . . . . . . (($62,000,000))
$56,500,000
Public Works Assistance Account: For transfer to the
city-county assistance account, $5,000,000 on
July 1, 2009, and $5,000,000 on July 1, 2010 . . . . . . . . . . . . $10,000,000
Public Works Assistance Account: For transfer to the
drinking water assistance account, (($4,000,000))
$6,930,000 for fiscal year 2010 and $4,000,000 for
fiscal year 2011 . . . . . . . . . . . . (($8,000,000))
$10,930,000
Shared Game Lottery Account: For transfer to the
education legacy trust account, $3,600,000 for
fiscal year 2010 and $2,400,000 for fiscal year
2011 . . . . . . . . . . . . $6,000,000
State Lottery Account: For transfer to the education
legacy trust account, $9,500,000 for fiscal year
2010 and $9,500,000 for fiscal year 2011 . . . . . . . . . . . . $19,000,000
College Faculty Awards Trust Fund: For transfer
to the state general fund for fiscal year 2010,
an amount not to exceed the actual cash balance
of the fund . . . . . . . . . . . . $4,000,000
Washington Distinguished Professorship Trust Fund:
For transfer to the state general fund for fiscal
year 2010, an amount not to exceed the actual cash
balance of the fund . . . . . . . . . . . . $6,000,000
Washington Graduate Fellowship Trust Account:
For transfer to the state general fund for fiscal
year 2010, an amount not to exceed the actual cash
balance of the fund . . . . . . . . . . . . $2,000,000
GET Ready for Math and Science Scholarship Account:
For transfer to the state general fund for
fiscal year 2010, an amount not to exceed
the actual cash balance not comprised of or
needed to match private contributions . . . . . . . . . . . . $1,800,000
Financial Services Regulation Account: For
transfer to the state general fund,
$2,000,000 for fiscal year 2010 and
$2,000,000 for fiscal year 2011 . . . . . . . . . . . . $4,000,000
Data Processing Revolving Fund: For
transfer to the state general fund,
$5,632,000 for fiscal year 2010 . . . . . . . . . . . . $5,632,000
Public Service Revolving Account: For
transfer to the state general fund,
$8,000,000 for fiscal year 2010 and
$7,000,000 for fiscal year 2011 . . . . . . . . . . . . $15,000,000
Water Quality Capital Account: For
transfer to the state general fund,
$278,000 for fiscal year 2011 . . . . . . . . . . . . $278,000
Performance Audits of Government Account:
For transfer to the state general fund,
$10,000,000 for fiscal year 2010 and
$5,000,000 for fiscal year 2011 . . . . . . . . . . . . $15,000,000
Job Development Account: For transfer to the
state general fund, $20,930,000 for fiscal
year 2010 . . . . . . . . . . . . $20,930,000
Savings Incentive Account: For transfer to the
state general fund, $10,117,000 for fiscal
year 2010 . . . . . . . . . . . . $10,117,000
Education Savings Account: For transfer to the
state general fund, $100,767,000 for fiscal
year 2010 . . . . . . . . . . . . $100,767,000
Cleanup Settlement Account: For transfer to the
state efficiency and restructuring account for
fiscal year 2011 . . . . . . . . . . . . $39,480,000
Disaster Response Account: For transfer to the
state drought preparedness account, $4,000,000
for fiscal year 2010 . . . . . . . . . . . . $4,000,000
Washington State Convention and Trade Center Account:
For transfer to the state general fund, $10,000,000
for fiscal year 2011. The transfer in this section
shall occur on June 30, 2011, only if by that date
the Washington state convention and trade center is
not transferred to a public facilities district
pursuant to Substitute Senate Bill No. 6889
(convention and trade center) . . . . . . . . . . . . $10,000,000
Institutional Welfare/Betterment Account: For transfer
to the state general fund, $2,000,000 for fiscal
year 2010 and $2,000,000 for fiscal year 2011 . . . . . . . . . . . . $4,000,000
Insurance Commissioners Regulatory Account: For
transfer to the state general fund, $5,000,000
on June 30, 2010, and $5,000,000 on June 30,
2011 . . . . . . . . . . . . $10,000,000
Future Teacher Conditional Scholarship Account: For
transfer to the state general fund, $2,150,000
for fiscal year 2010 and $2,150,000 for fiscal
year 2011 . . . . . . . . . . . . $4,300,000
Fingerprint Identification Account: For transfer
to the state general fund, $800,000 for fiscal
year 2011 . . . . . . . . . . . . $800,000
Prevent or Reduce Owner-Occupied Foreclosure
Program Account: For transfer to the financial
education public-private partnership account for
fiscal year 2010, an amount not to exceed the actual
cash balance of the fund as of June 30, 2010 . . . . . . . . . . . . $300,000
*Sec. 803 was partially vetoed. See message at end of chapter.
Sec. 804 2010 c 247 s 407 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- ADMINISTRATIVE TRANSFERS
(1) Tacoma Narrows Toll Bridge Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $5,288,000
(2) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound Ferry Operations
Account--State . . . . . . . . . . . . (($54,000,000))
$54,100,000
(3) Recreational Vehicle Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $2,000,000
(4) License Plate Technology Account--State
Appropriation: For transfer to the Highway Safety
Account--State . . . . . . . . . . . . $2,750,000
(5) Multimodal Transportation Account--State
Appropriation: For transfer to the Puget Sound
Ferry Operations Account--State . . . . . . . . . . . . $9,000,000
(6) Highway Safety Account--State Appropriation:
For transfer to the Multimodal Transportation
Account--State . . . . . . . . . . . . $18,750,000
(7) Department of Licensing Services Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $1,300,000
(8) Advanced Right-of-Way Account: For transfer
to the Motor Vehicle Account--State . . . . . . . . . . . . $14,000,000
(9)(((10))) State Route Number 520 Civil Penalties
Account--State Appropriation: For transfer to the
State Route Number 520 Corridor Account--State . . . . . . . . . . . . $190,000
(((11))) (10) Advanced Environmental Mitigation Revolving
Account--State Appropriation: For transfer to the
Motor Vehicle Account--State . . . . . . . . . . . . $5,000,000
(((12))) (11) Regional Mobility Grant Program Account--State
Appropriation: For transfer to the Multimodal
Transportation Account--State . . . . . . . . . . . . $4,000,000
(((13))) (12) Motor Vehicle Account--State Appropriation:
For transfer to the State Patrol Highway
Account--State . . . . . . . . . . . . (($4,000,000))
$5,600,000
(((14))) (13) The transfers identified in this section are subject
to the following conditions and limitations:
(a) The amount transferred in subsection (1) of this section
represents repayment of operating loans and reserve payments provided
to the Tacoma Narrows toll bridge account from the motor vehicle
account in the 2005-07 fiscal biennium. However, if Engrossed
Substitute Senate Bill No. 6499 is enacted by June 30, 2010, the
transfer in subsection (1) of this section shall not occur.
(b) Any cash balance in the waste tire removal account in excess of
one million dollars must be transferred to the motor vehicle account
for the purpose of road wear-related maintenance on state and local
public highways.
(c) The transfer in subsection (((10))) (9) of this section
represents toll revenue collected from toll violations.
Sec. 901 2010 c 3 s 601 (uncodified) is amended to read as
follows:
(2) The following activities of state agencies are exempt from
subsection (1) of this section:
(a) Direct custody, supervision, and patient care in corrections,
juvenile rehabilitation, institutional care of veterans, the mentally
ill, developmentally disabled, state hospitals, the special commitment
center, and the schools for the blind and the deaf;
(b) Direct protective services to children and other vulnerable
populations in the department of social and health services;
(c) Washington state patrol investigative services and field
enforcement;
(d) Hazardous materials response and emergency cleanup;
(e) Emergency public health and patient safety response and the
public health laboratory;
(f) Military operations and emergency management within the
military department;
(g) Firefighting;
(h) Enforcement officers in the department of fish and wildlife,
the liquor control board, the gambling commission, and the department
of natural resources;
(i) Park rangers at the parks and recreation commission;
(j) Seasonal employment by natural resources agencies to the extent
that employment levels do not exceed the prior fiscal year;
(k) Seasonal employment in the department of transportation
maintenance programs to the extent that employment levels do not exceed
the prior fiscal year;
(l) Employees hired on a seasonal basis by the department of
agriculture for inspection and certification of agricultural products
and for insect detection;
(m) Activities directly related to tax and fee collection, revenue
generation, auditing, and recovery;
(n) In institutions of higher education, any positions directly
related to academic programs, as well as positions not funded from
state funds or tuition, positions that are filled by enrolled students
at their own institution as student workers, positions in campus police
and security, positions related to emergency management and response,
and positions related to student health care and counseling;
(o) Operations of the state lottery and liquor control board
business enterprises;
(p) The unemployment insurance program of the employment security
department; and
(q) Activities that are necessary to receive or maintain federal
funds by the state.
(3) The exemptions specified in subsection (2) of this section do
not require the establishment of new staff positions or the filling of
vacant staff positions in the activities specified.
(4) Exceptions to this section may be granted under section 605 of
this act.
(5) Also exempted from this section are positions related to
facility realignments in the department of corrections, positions
related to the transfer of programs between state agencies assumed in
this act, and disability determination staff funded solely by federal
funds.
*NEW SECTION. Sec. 902 A new section is added to 2009 c 564
(uncodified) to read as follows:
AGENCY STAFFING. (1) By July 1, 2010, all state agencies must
prepare and submit to the office of financial management staffing plans
for fiscal year 2011. The first plan must list, by month and by job
class, the number of budgeted FTEs, salaries, and benefits for the
state general fund. The second plan must list, by month and by job
class, the number of budgeted FTEs, salaries, and benefits for the
total of all other allotted funds. The plans must be submitted at the
same organizational level of detail as funds are appropriated to the
agency. Agency allotments and staffing plans submitted to the office
of financial management must be consistent.
(2) Agencies may only allot FTEs to the extent that the funding
allotment contains sufficient funding to fully support those positions.
To the extent that allotted FTEs would exceed available funding to
support those positions, agencies shall request that the office of
financial management revise their full-time equivalent staff allotment
to the funded level; legislative and judicial agencies shall report the
revised level to the office of financial management. The office of
financial management shall summarize, by agency, the changes made under
this subsection and provide that information to the appropriate fiscal
committees of the legislature by October 1, 2010.
(3) Each agency shall report to the office of financial management
the number of FTEs filled, by job class, as of July 1, 2010. The
information must be provided at the same level of detail as is
contained in the staffing plan. For any positions that are vacant on
that date, the agency shall list the date that position was last
filled. The office of financial management shall summarize information
provided under this subsection and report to the appropriate fiscal
committees of the legislature by October 1, 2010.
*Sec. 902 was vetoed. See message at end of chapter.
NEW SECTION. Sec. 903 A new section is added to 2009 c 564
(uncodified) to read as follows:
STATE HOUSING FINANCE COMMISSION--FORECLOSURE REVIEW. In an
effort to reduce the number of residential foreclosures while
protecting the interests of both borrowers and beneficiaries, the state
housing finance commission shall conduct a review of the effectiveness
of RCW 61.24.031, which requires a beneficiary or authorized agent to
contact the borrower before issuing a notice of default for the
purposes of assessing the borrower's financial ability to repay the
debt and discussing alternatives to foreclosure. The commission's
review of the process shall, at a minimum, examine whether the contact
requirement has resulted in an increase in the number of loan
modifications and whether additional statutory provisions, such as
mandatory mediation, are needed to produce effective communication
between beneficiaries and borrowers. The state housing finance
commission shall report its findings and any recommendations for
legislation to the appropriate committees of the legislature by
November 30, 2010.
NEW SECTION. Sec. 904 A new section is added to 2009 c 564
(uncodified) to read as follows:
COLLECTIVE BARGAINING AGREEMENT--WSRCC ADULT FAMILY HOME
PROVIDERS. Appropriations in this act reflect the collective
bargaining agreement reached between the governor and the Washington
state residential care council of adult family homes under the
provisions of chapter 41.56 RCW.
NEW SECTION. Sec. 905 A new section is added to 2009 c 564
(uncodified) to read as follows:
For purposes of RCW 43.88.110(7), any cash deficit in existence at
the close of fiscal year 2010 shall be liquidated over the remainder of
the 2009-2011 fiscal biennium.
Sec. 906 2009 c 564 s 914 (uncodified) is amended to read as
follows:
COMPENSATION--INSURANCE BENEFITS. Appropriations for state
agencies in this act are sufficient for nonrepresented and represented
state employee health benefits for state agencies, including
institutions of higher education and are subject to the following
conditions and limitations:
(1)(a) The monthly employer funding rate for insurance benefit
premiums, public employees' benefits board administration, and the
uniform medical plan, shall not exceed $745 per eligible employee for
fiscal year 2010. For fiscal year 2011 the monthly employer funding
rate shall not exceed (($768)) $850 per eligible employee.
(b) In order to achieve the level of funding provided for health
benefits, the public employees' benefits board shall require any or all
of the following: Employee premium copayments, increases in
point-of-service cost sharing, the implementation of managed
competition, or make other changes to benefits consistent with RCW
41.05.065. During the 2009-11 fiscal biennium, the board may only
authorize benefit plans and premium contributions for an employee and
the employee's dependents that are the same, regardless of an
employee's status as represented or nonrepresented under the personnel
system reform act of 2002.
(c) The health care authority shall deposit any moneys received on
behalf of the uniform medical plan as a result of rebates on
prescription drugs, audits of hospitals, subrogation payments, or any
other moneys recovered as a result of prior uniform medical plan claims
payments, into the public employees' and retirees' insurance account to
be used for insurance benefits. Such receipts shall not be used for
administrative expenditures.
(d) The conditions in this section apply to benefits for
nonrepresented employees, employees represented by the super coalition,
and represented employees outside of the super coalition, including
employees represented under chapter 47.64 RCW.
(2) The health care authority, subject to the approval of the
public employees' benefits board, shall provide subsidies for health
benefit premiums to eligible retired or disabled public employees and
school district employees who are eligible for medicare, pursuant to
RCW 41.05.085. From January 1, 2010, through the remainder of the
2009-11 fiscal biennium, the subsidy shall be $182.89.
(3) Technical colleges, school districts, and educational service
districts shall remit to the health care authority for deposit into the
public employees' and retirees' insurance account established in RCW
41.05.120 the following amounts:
(a) For each full-time employee, $59.59 per month beginning
September 1, 2009, and (($64.90)) $62.48 beginning September 1, 2010;
(b) For each part-time employee, who at the time of the remittance
is employed in an eligible position as defined in RCW 41.32.010 or
41.40.010 and is eligible for employer fringe benefit contributions for
basic benefits, $59.59 each month beginning September 1, 2009, and
(($64.90)) $62.48 beginning September 1, 2010, prorated by the
proportion of employer fringe benefit contributions for a full-time
employee that the part-time employee receives. The remittance
requirements specified in this subsection shall not apply to employees
of a technical college, school district, or educational service
district who purchase insurance benefits through contracts with the
health care authority.
Sec. 907 2010 c 247 s 503 (uncodified) is
amended to read as
follows:
COMPENSATION--INSURANCE BENEFITS. Appropriations for state
agencies in this act are sufficient for nonrepresented and represented
state employee health benefits for state agencies, and are subject to
the following conditions and limitations:
(1)(a) Unless otherwise provided in the 2010 supplemental omnibus
operating appropriations act, the monthly employer funding rate for
insurance benefit premiums, public employees' benefits board
administration, and the uniform medical plan, shall not exceed $745 per
eligible employee for fiscal year 2010. For fiscal year 2011, the
monthly employer funding rate shall not exceed (($795)) $850 per
eligible employee.
(b) In order to achieve the level of funding provided for health
benefits, the public employees' benefits board shall require any or all
of the following: Employee premium copayments; increases in point-of-service cost sharing; the implementation of managed competition; or
make other changes to benefits consistent with RCW 41.05.065. During
the 2009-11 fiscal biennium, the board may only authorize benefit plans
and premium contributions for an employee and the employee's dependents
that are the same, regardless of an employee's status as represented or
nonrepresented under the personnel system reform act of 2002.
(c) The health care authority shall deposit any moneys received on
behalf of the uniform medical plan as a result of rebates on
prescription drugs, audits of hospitals, subrogation payments, or any
other moneys recovered as a result of prior uniform medical plan claims
payments into the public employees' and retirees' insurance account to
be used for insurance benefits. Such receipts shall not be used for
administrative expenditures.
(d) The conditions in this section apply to benefits for
nonrepresented employees, employees represented by the super coalition,
and represented employees outside of the super coalition, including
employees represented under chapter 47.64 RCW.
(2) Unless otherwise provided in the 2010 supplemental omnibus
operating appropriations act, the health care authority, subject to the
approval of the public employees' benefits board, shall provide
subsidies for health benefit premiums to eligible retired or disabled
public employees and school district employees who are eligible for
medicare, pursuant to RCW 41.05.085. From January 1, 2010, through
December 31, 2010, the subsidy shall be $182.89. Beginning January 1,
2011, the subsidy shall be $182.89 per month.
*NEW SECTION. Sec. 908 A new section is added to 2009 c 564
(uncodified) to read as follows:
(1) During the 2009-2011 fiscal biennium, every state agency shall
implement processes to make all renewal notices available to customers
via electronic means by July 1, 2012. The appropriations in this act
provide funding for this purpose.
(2) Every state agency shall encourage customers to opt-in for an
electronic renewal notice in lieu of physical renewal notice.
(3) For purposes of this section:
(a) "Renewal notices" includes, but is not limited to, notices for
the renewal of licenses, registrations, and permits; and
(b) "State agency" includes every state office, department,
division, bureau, board, and commission of the state.
*Sec. 908 was vetoed. See message at end of chapter.
NEW SECTION. Sec. 909 A new section is added to 2009 c 564
(uncodified) to read as follows:
CORE FUNCTIONS OF GOVERNMENT REVIEW. (1) The legislature intends
to evaluate whether the state agencies and activities are performing in
the most efficient manner.
(2) By August 1, 2010, the joint legislative audit and review
committee must select one of the priorities of government results and
determine the relative priority of each activity based on the
activity's contribution to the overall objectives of the priorities of
government results area.
(3) The state auditor must select at least one but not more than
four of the highest priority activities identified under subsection (2)
of this section to be the subject of performance audits. The
activities must be selected for performance audits under this
subsection based on the evidence that the program or activity would
likely benefit from the evaluation or review. The performance audit
shall be conducted using generally accepted government auditing
standards and may include an evaluation of: (a) Ways to improve
performance, streamline operations, and provide cost-effective service
to citizens; (b) programs and services that can be eliminated, reduced,
consolidated, or enhanced; and (c) gaps and overlaps in the programs
and services and recommendations for improving, eliminating, blending,
or separating functions to correct gaps or overlaps.
(4) The state auditor must select at least one of the lowest
priority activities identified in subsection (2) of this section to be
the subject of an activity assessment. The assessment must address the
following questions:
(a) Does the activity continue to serve the purpose for which it
was created?
(b) In comparison to other programs and priorities, does this
purpose continue to merit the use of the state's limited resources?
(c) Does this activity continue to contribute to the priorities of
government identified?
(d) Are there better alternatives for the use of these resources or
to accomplish the objective of the activity?
(5) The performance audits conducted under subsection (3) of this
section and the assessments under subsection (4) of this section must
be completed by June 30, 2011.
Sec. 910 RCW 13.06.050 and 1993 c 415 s 7 are each amended to
read as follows:
No county shall be entitled to receive any state funds provided by
this chapter until its application and plan are approved, and unless
and until the minimum standards prescribed by the department of social
and health services are complied with and then only on such terms as
are set forth in this section. In addition, any county making
application for state funds under this chapter that also operates a
juvenile detention facility must have standards of operations in place
that include: Intake and admissions, medical and health care,
communication, correspondence, visiting and telephone use, security and
control, sanitation and hygiene, juvenile rights, rules and discipline,
property, juvenile records, safety and emergency procedures,
programming, release and transfer, training and staff development, and
food service.
(1) For the 2009-2011 fiscal biennium, the distribution of funds to
a county or a group of counties ((shall)) may be based on criteria
including but not limited to the county's per capita income, regional
or county at-risk populations, juvenile crime or arrest rates, rates of
poverty, size of racial minority populations, existing programs, and
the effectiveness and efficiency of consolidating local programs
towards reducing commitments to state correctional facilities for
offenders whose standard range disposition does not include commitment
of the offender to the department and reducing reliance on other
traditional departmental services.
(2) The secretary will reimburse a county upon presentation and
approval of a valid claim pursuant to the provisions of this chapter
based on actual performance in meeting the terms and conditions of the
approved plan and contract. Funds received by participating counties
under this chapter shall not be used to replace local funds for
existing programs.
(3) The secretary, in conjunction with the human rights commission,
shall evaluate the effectiveness of programs funded under this chapter
in reducing racial disproportionality. The secretary shall investigate
whether implementation of such programs has reduced disproportionality
in counties with initially high levels of disproportionality. The
analysis shall indicate which programs are cost-effective in reducing
disproportionality in such areas as alternatives to detention, intake
and risk assessment standards pursuant to RCW 13.40.038, alternatives
to incarceration, and in the prosecution and adjudication of juveniles.
The secretary shall report his or her findings to the legislature by
December 1, 1994, and December 1 of each year thereafter.
NEW SECTION. Sec. 911 A new section is added to 2009 c 564
(uncodified) to read as follows:
(1) Except for the activities and organizations provided in
subsection (2) of this section, all small agencies with fewer than 176
FTEs shall utilize the office of financial management small agency
client services for budget, accounting, and payroll services. The
director of financial management shall define the transition process
and specific agency requirements.
(2) The following activities and organizations are not subject to
the requirements of subsection (1) of this section:
(a) The processing of invoices and budgeting provided for
conservation districts by agencies established under chapters 89.08 and
89.10 RCW;
(b) The accounting requirements of the state housing finance
commission and its affiliates established under chapters 43.180,
28B.07, and 43.340 RCW; and
(c) The accounting requirements of the health care facilities
authority established under chapter 70.37 RCW, and the economic
development finance authority established under chapter 43.163 RCW.
Sec. 912 RCW 15.76.115 and 2001 2nd sp.s. c 16 s 1 are each
amended to read as follows:
The fair fund is created in the custody of the state treasury. All
moneys received by the department of agriculture for the purposes of
this fund and from RCW 67.16.105(4) shall be deposited into the fund.
At the beginning of fiscal year 2002 and each fiscal year thereafter,
the state treasurer shall transfer into the fair fund from the general
fund the sum of two million dollars, except for fiscal year 2011 the
state treasurer shall transfer into the fair fund from the general fund
the sum of one million one hundred three thousand dollars.
Expenditures from the fund may be used only for assisting fairs in the
manner provided in this chapter. Only the director of agriculture or
the director's designee may authorize expenditures from the fund. The
fund is subject to allotment procedures under chapter 43.88 RCW, but no
appropriation is required for expenditures.
Sec. 913 RCW 28A.300.380 and 2000 c 84 s 2 are each amended to
read as follows:
(1) The superintendent of public instruction shall maintain support
for statewide coordination for career and technical student
organizations by providing program staff support that is available to
assist in meeting the needs of career and technical student
organizations and their members and students. ((The superintendent
shall provide at least one full-time equivalent program staff for
purposes of implementing this section.)) The superintendent may
provide additional support to the organizations through contracting
with independent coordinators.
(2) Career and technical student organizations eligible for
technical assistance and other support services under this section are
organizations recognized as career and technical student organizations
by:
(a) The United States department of education; or
(b) The superintendent of public instruction, if such recognition
is recommended by the Washington association for career and technical
education.
(3) Career and technical student organizations eligible for
technical assistance and other support services under this section
include, but are not limited to: The national FFA organization;
family, career, and community leaders of America; skillsUSA;
distributive education clubs of America; future business leaders of
America; and the technology student association.
Sec. 914 RCW 28B.50.837 and 2009 c 564 s 1803 are each amended to
read as follows:
(1) The Washington community and technical college exceptional
faculty awards program is established. The program shall be
administered by the college board. The college faculty awards trust
fund hereby created shall be administered by the state treasurer.
(2) Funds appropriated by the legislature for the community and
technical college exceptional faculty awards program shall be deposited
in the college faculty awards trust fund. At the request of the
college board, the treasurer shall release the state matching funds to
the local endowment fund of the college or its foundation. No
appropriation is necessary for the expenditure of moneys from the fund.
Expenditures from the fund may be used solely for the exceptional
faculty awards program. During the ((2007-2009)) 2009-2011 fiscal
biennium, the legislature may transfer from the college faculty awards
trust fund to the state general fund such amounts as reflect the excess
fund balance in the account (([fund])).
Sec. 915 RCW 28B.76.565 and 2009 c 564 s 1805 are each amended to
read as follows:
Funds appropriated by the legislature for the distinguished
professorship program shall be deposited in the distinguished
professorship trust fund. At the request of the higher education
coordinating board under RCW 28B.76.575, the treasurer shall release
the state matching funds to the designated institution's local
endowment fund. No appropriation is required for expenditures from the
fund. During the ((2007-2009)) 2009-2011 fiscal biennium, the
legislature may transfer from the distinguished professorship trust
fund to the state general fund such amounts as reflect the excess fund
balance in the account (([fund])).
Sec. 916 RCW 28B.76.610 and 2009 c 564 s 1806 are each amended to
read as follows:
Funds appropriated by the legislature for the graduate fellowship
program shall be deposited in the graduate fellowship trust fund. At
the request of the higher education coordinating board under RCW
28B.76.620, the treasurer shall release the state matching funds to the
designated institution's local endowment fund. No appropriation is
required for expenditures from the fund. During the ((2007-2009))
2009-2011 fiscal biennium, the legislature may transfer from the
graduate fellowship trust fund to the state general fund such amounts
as reflect the excess fund balance in the account (([fund])).
Sec. 917 RCW 28B.102.080 and 2007 c 396 s 9 are each amended to
read as follows:
(1) The future teachers conditional scholarship account is created
in the custody of the state treasurer. An appropriation is not
required for expenditures of funds from the account. The account is
not subject to allotment procedures under chapter 43.88 RCW except for
moneys used for program administration.
(2) The board shall deposit in the account all moneys received for
the future teachers conditional scholarship and loan repayment program
and for conditional loan programs under chapter 28A.660 RCW. The
account shall be self-sustaining and consist of funds appropriated by
the legislature for the future teachers conditional scholarship and
loan repayment program, private contributions to the program, receipts
from participant repayments from the future teachers conditional
scholarship and loan repayment program, and conditional loan programs
established under chapter 28A.660 RCW. Beginning July 1, 2004, the
board shall also deposit into the account: (a) All funds from the
institution of higher education loan account that are traceable to any
conditional scholarship program for teachers or prospective teachers
established by the legislature before June 10, 2004; and (b) all
amounts repaid by individuals under any such program.
(3) Expenditures from the account may be used solely for
conditional loans and loan repayments to participants in the future
teachers conditional scholarship and loan repayment program established
by this chapter, conditional scholarships for participants in programs
established in chapter 28A.660 RCW, and costs associated with program
administration by the board.
(4) Disbursements from the account may be made only on the
authorization of the board.
(5) During the 2009-2011 fiscal biennium, the legislature may
transfer from the future teachers conditional scholarship account to
the state general fund such amounts as reflect the excess fund balance
of the account.
Sec. 918 RCW 28B.105.110 and 2009 c 564 s 1807 and 2009 c 564 s
920 are each reenacted and amended to read as follows:
(1) The GET ready for math and science scholarship account is
created in the custody of the state treasurer.
(2) The board shall deposit into the account all money received for
the GET ready for math and science scholarship program from
appropriations and private sources. The account shall be
self-sustaining.
(3) Expenditures from the account shall be used for scholarships to
eligible students and for purchases of GET units. Purchased GET units
shall be owned and held in trust by the board. Expenditures from the
account shall be an equal match of state appropriations and private
funds raised by the program administrator. During the 2009-2011 fiscal
biennium, expenditures from the account not to exceed five percent may
be used by the program administrator to carry out the provisions of RCW
28B.105.090.
(4) With the exception of the operating costs associated with the
management of the account by the treasurer's office as authorized in
chapter 43.79A RCW, the account shall be credited with all investment
income earned by the account.
(5) Disbursements from the account are exempt from appropriations
and the allotment provisions of chapter 43.88 RCW.
(6) Disbursements from the account shall be made only on the
authorization of the board.
(7) During the 2007-2009 fiscal biennium, the legislature may
transfer state appropriations to the GET ready for math and science
scholarship account that have not been matched by private contributions
to the state general fund.
(8) During the 2009-2011 fiscal biennium, the legislature may
transfer from the GET ready for math and science scholarship account to
the state general fund such amounts as have not been donated from or
matched by private contributions.
Sec. 919 RCW 38.52.105 and 2005 c 422 s 2 are each amended to
read as follows:
The disaster response account is created in the state treasury.
Moneys may be placed in the account from legislative appropriations and
transfers, federal appropriations, or any other lawful source. Moneys
in the account may be spent only after appropriation. Expenditures
from the account may be used only for support of state agency and local
government disaster response and recovery efforts and to reimburse the
workers' compensation funds and self-insured employers under RCW
51.16.220. ((During the 2001-03 biennium, funds from the account may
also be used for costs associated with national security preparedness
activities.)) During the 2009-2011 fiscal biennium, the legislature may
transfer from the disaster response account to the state drought
preparedness account such amounts as reflect the excess fund balance of
the account to support expenditures related to a state drought
declaration.
*Sec. 920 RCW 43.17.390 and 2009 c 564 s 931 are each amended to
read as follows:
Starting ((in 2012)) June 30, 2010, and at least once every three
years thereafter, each agency with more than three hundred full-time
equivalent employees shall apply to the Washington state quality award,
or similar organization, for an independent assessment of its quality
management, accountability, and performance system. The assessment
shall evaluate the effectiveness of all elements of its management,
accountability, and performance system, including: Leadership,
strategic planning, customer focus, analysis and information, employee
performance management, and process improvement. The purpose of the
assessment is to recognize best practice and identify improvement
opportunities.
*Sec. 920 was vetoed. See message at end of chapter.
Sec. 921 RCW 43.20A.725 and 2004 c 254 s 1 are each amended to
read as follows:
(1) The department, through the sole authority of the office or its
successor organization, shall maintain a program whereby an individual
of school age or older who possesses a hearing or speech impairment is
provided with telecommunications equipment, software, and/or peripheral
devices, digital or otherwise, that is determined by the office to be
necessary for such a person to access and use telecommunications
transmission services effectively.
(2) The department, through the sole authority of the office or its
successor organization, shall maintain a program where
telecommunications relay services of a human or electronic nature will
be provided to connect hearing impaired, deaf-blind, or speech impaired
persons with persons who do not have a hearing or speech impairment.
Such telecommunications relay services shall provide the ability for an
individual who has a hearing or speech impairment to engage in voice,
tactile, or visual communication by wire or radio with a hearing
individual in a manner that is functionally equivalent to the ability
of an individual who does not have a hearing or speech impairment to
communicate using voice or visual communication services by wire or
radio subject to subsection (4)(b) of this section.
(3) The telecommunications relay service and equipment distribution
program may operate in such a manner as to provide communications
transmission opportunities that are capable of incorporating new
technologies that have demonstrated benefits consistent with the intent
of this chapter and are in the best interests of the citizens of this
state.
(4) The office shall administer and control the award of money to
all parties incurring costs in implementing and maintaining
telecommunications services, programs, equipment, and technical support
services according to this section. The relay service contract shall
be awarded to an individual company registered as a telecommunications
company by the utilities and transportation commission, to a group of
registered telecommunications companies, or to any other company or
organization determined by the office as qualified to provide relay
services, contingent upon that company or organization being approved
as a registered telecommunications company prior to final contract
approval. The relay system providers and telecommunications equipment
vendors shall be selected on the basis of cost-effectiveness and
utility to the greatest extent possible under the program and technical
specifications established by the office.
(a) To the extent funds are available under the then-current rate
and not otherwise held in reserve or required for other purposes
authorized by this chapter, the office may award contracts for
communications and related services and equipment for hearing impaired
or speech impaired individuals accessing or receiving services provided
by, or contracted for, the department to meet access obligations under
Title 2 of the federal Americans with disabilities act or related
federal regulations.
(b) The office shall perform its duties under this section with the
goal of achieving functional equivalency of access to and use of
telecommunications services similar to the enjoyment of access to and
use of such services experienced by an individual who does not have a
hearing or speech impairment only to the extent that funds are
available under the then-current rate and not otherwise held in reserve
or required for other purposes authorized by this chapter.
(5) The program shall be funded by a telecommunications relay
service (TRS) excise tax applied to each switched access line provided
by the local exchange companies. The office shall determine, in
consultation with the office's program advisory committee, the budget
needed to fund the program on an annual basis, including both
operational costs and a reasonable amount for capital improvements such
as equipment upgrade and replacement. The budget proposed by the
office, together with documentation and supporting materials, shall be
submitted to the office of financial management for review and
approval. The approved budget shall be given by the department in an
annual budget to the department of revenue no later than March 1st
prior to the beginning of the fiscal year. The department of revenue
shall then determine the amount of telecommunications relay service
excise tax to be placed on each switched access line and shall inform
local exchange companies and the utilities and transportation
commission of this amount no later than May 1st. The department of
revenue shall determine the amount of telecommunications relay service
excise tax to be collected in the following fiscal year by dividing the
total of the program budget, as submitted by the office, by the total
number of switched access lines in the prior calendar year, as reported
to the department of revenue under chapter 82.14B RCW, and shall not
exercise any further oversight of the program under this subsection
other than administering the collection of the telecommunications relay
service excise tax as provided in RCW 82.72.010 through 82.72.090. The
telecommunications relay service excise tax shall not exceed nineteen
cents per month per access line. The telecommunications relay service
excise tax shall be separately identified on each ratepayer's bill with
the following statement: "Funds federal ADA requirement." All
proceeds from the telecommunications relay service excise tax shall be
put into a fund to be administered by the office through the
department. During the 2009-2011 fiscal biennium, the funds may also
be used to provide individualized employment services and employment-related counseling to people with disabilities, and technical
assistance to employers about the employment of people with
disabilities. "Switched access line" has the meaning provided in RCW
82.14B.020.
(6) The telecommunications relay service program and equipment
vendors shall provide services and equipment consistent with the
requirements of federal law for the operation of both interstate and
intrastate telecommunications services for the hearing impaired or
speech impaired. The department and the utilities and transportation
commission shall be responsible for ensuring compliance with federal
requirements and shall provide timely notice to the legislature of any
legislation that may be required to accomplish compliance.
(7) The department shall adopt rules establishing eligibility
criteria, ownership obligations, financial contributions, and a program
for distribution to individuals requesting and receiving such
telecommunications devices distributed by the office, and other rules
necessary to administer programs and services consistent with this
chapter.
Sec. 922 RCW 43.43.839 and 1995 c 169 s 2 are each amended to
read as follows:
The fingerprint identification account is created in the custody of
the state treasurer. All receipts from incremental charges of
fingerprint checks requested for noncriminal justice purposes and
electronic background requests shall be deposited in the account.
Receipts for fingerprint checks by the federal bureau of investigation
may also be deposited in the account. Expenditures from the account
may be used only for the cost of record checks. Only the chief of the
state patrol or the chief's designee may authorize expenditures from
the account. The account is subject to allotment procedures under
chapter 43.88 RCW. No appropriation is required for expenditures prior
to July 1, 1997. After June 30, 1997, the account shall be subject to
appropriation. During the 2009-2011 fiscal biennium, the legislature
may transfer from the fingerprint identification account to the state
general fund such amounts as reflect the excess fund balance of the
account.
Sec. 923 RCW 43.43.944 and 2007 c 520 s 6034 are each amended to
read as follows:
(1) The fire service training account is hereby established in the
state treasury. The fund shall consist of:
(a) All fees received by the Washington state patrol for fire
service training;
(b) All grants and bequests accepted by the Washington state patrol
under RCW 43.43.940;
(c) Twenty percent of all moneys received by the state on fire
insurance premiums; and
(d) General fund -- state moneys appropriated into the account by the
legislature.
(2) Moneys in the account may be appropriated only for fire service
training. The state patrol may use amounts appropriated from the fire
service training account under this section to contract with the
Washington state firefighters apprenticeship trust for the operation of
the firefighter joint apprenticeship training program. The contract
may call for payments on a monthly basis. During the ((2007-2009))
2009-2011 fiscal biennium, the legislature may appropriate funds from
this account for school fire prevention activities within the
Washington state patrol ((and additional sanitary wastewater treatment
capacity at the state fire service training center)).
(3) Any general fund -- state moneys appropriated into the account
shall be allocated solely to the firefighter joint apprenticeship
training program. The Washington state patrol may contract with
outside entities for the administration and delivery of the firefighter
joint apprenticeship training program.
Sec. 924 RCW 43.60A.185 and 2006 c 343 s 8 are each amended to
read as follows:
The veterans innovations program account is created in the state
treasury. Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used only for purposes of the
veterans innovations program. During the 2009-2011 fiscal biennium,
the funds may be used for contracting for veterans' claims assistance
services.
Sec. 925 RCW 43.131.406 and 2006 c 343 s 11 are each amended to
read as follows:
The following acts or parts of acts, as now existing or hereafter
amended, are each repealed, effective June 30, 2017:
(1) 2006 c 343 s 1 (uncodified);
(2) RCW 43.60A.160 and 2006 c 343 s 3;
(3) RCW 43.60A.165 and 2006 c 343 s 4;
(4) RCW 43.60A.170 and 2006 c 343 s 5;
(5) RCW 43.60A.175 and 2006 c 343 s 6;
(6) RCW 43.60A.180 and 2006 c 343 s 7; and
(7) RCW 43.60A.185 and section 924 of this act and 2006 c 343 s 8.
*Sec. 926 RCW 43.70.110 and 2009 c 403 s 5 are each amended to
read as follows:
(1) The secretary shall charge fees to the licensee for obtaining
a license. Physicians regulated pursuant to chapter 18.71 RCW who
reside and practice in Washington and obtain or renew a retired active
license are exempt from such fees. After June 30, 1995, municipal
corporations providing emergency medical care and transportation
services pursuant to chapter 18.73 RCW shall be exempt from such fees,
provided that such other emergency services shall only be charged for
their pro rata share of the cost of licensure and inspection, if
appropriate. The secretary may waive the fees when, in the discretion
of the secretary, the fees would not be in the best interest of public
health and safety, or when the fees would be to the financial
disadvantage of the state.
(2) Except as provided in subsection (3) of this section, fees
charged shall be based on, but shall not exceed, the cost to the
department for the licensure of the activity or class of activities and
may include costs of necessary inspection.
(3) License fees shall include amounts in addition to the cost of
licensure activities in the following circumstances:
(a) For registered nurses and licensed practical nurses licensed
under chapter 18.79 RCW, support of a central nursing resource center
as provided in RCW 18.79.202, until June 30, 2013;
(b) For all health care providers licensed under RCW 18.130.040,
the cost of regulatory activities for retired volunteer medical worker
licensees as provided in RCW 18.130.360; and
(c) For physicians licensed under chapter 18.71 RCW, physician
assistants licensed under chapter 18.71A RCW, osteopathic physicians
licensed under chapter 18.57 RCW, osteopathic physicians' assistants
licensed under chapter 18.57A RCW, naturopaths licensed under chapter
18.36A RCW, podiatrists licensed under chapter 18.22 RCW, chiropractors
licensed under chapter 18.25 RCW, psychologists licensed under chapter
18.83 RCW, registered nurses licensed under chapter 18.79 RCW,
optometrists licensed under chapter 18.53 RCW, mental health counselors
licensed under chapter 18.225 RCW, massage therapists licensed under
chapter 18.108 RCW, clinical social workers licensed under chapter
18.225 RCW, and acupuncturists licensed under chapter 18.06 RCW, the
license fees shall include up to an additional twenty-five dollars to
be transferred by the department to the University of Washington for
the purposes of RCW 43.70.112. During the 2009-2011 fiscal biennium,
five dollars of the current twenty-dollar fee received from registered
nurses under this subsection may be expended by the department of
health exclusively for the purposes of funding approved treatment
programs for impaired registered nurses, registered nursing license
processing functions, and disciplinary activities related to registered
nurses.
(4) Department of health advisory committees may review fees
established by the secretary for licenses and comment upon the
appropriateness of the level of such fees.
*Sec. 926 was vetoed. See message at end of chapter.
Sec. 927 RCW 43.78.030 and 1994 c 82 s 1 are each amended to read
as follows:
The public printer shall print and bind the session laws, the
journals of the two houses of the legislature, all bills, resolutions,
documents, and other printing and binding of either the senate or
house, as the same may be ordered by the legislature; and such forms,
blanks, record books, and printing and binding of every description as
may be ordered by all state officers, boards, commissions, and
institutions, and the supreme court, and the court of appeals and
officers thereof, as the same may be ordered on requisition, from time
to time, by the proper authorities. This section shall not apply to
the printing of the supreme court and the court of appeals reports, to
the printing of bond certificates or bond offering disclosure
documents, to the printing of educational publications of the state
historical societies, or to any printing done or contracted for by
institutions of higher education: PROVIDED, That institutions of
higher education, in consultation with the public printer, develop
vendor selection procedures comparable to those used by the public
printer for contracted printing jobs. Where any institution or
institution of higher learning of the state is or may become equipped
with facilities for doing such work, it may do any printing: (1) For
itself, or (2) for any other state institution when such printing is
done as part of a course of study relative to the profession of
printer. Any printing and binding of whatever description as may be
needed by any institution or agency of the state department of social
and health services not at Olympia, or the supreme court or the court
of appeals or any officer thereof, the estimated cost of which shall
not exceed one thousand dollars, may be done by any private printing
company in the general vicinity within the state of Washington so
ordering, if in the judgment of the officer of the agency so ordering,
the saving in time and processing justifies the award to such local
private printing concern.
Beginning on July 1, 1989, and on July 1 of each succeeding odd-numbered year, the dollar limit specified in this section shall be
adjusted as follows: The office of financial management shall
calculate such limit by adjusting the previous biennium's limit by an
appropriate federal inflationary index reflecting the rate of inflation
for the previous biennium. Such amounts shall be rounded to the
nearest fifty dollars.
During the 2009-2011 fiscal biennium, this section does not apply
to pilot printing projects authorized by the office of financial
management to allow state agencies and institutions to directly acquire
printing services.
Sec. 928 RCW 43.79.460 and 2009 c 518 s 21 are each amended to
read as follows:
(1) The savings incentive account is created in the custody of the
state treasurer. The account shall consist of all moneys appropriated
to the account by the legislature. The account is subject to the
allotment procedures under chapter 43.88 RCW, but no appropriation is
required for expenditures from the account.
(2) Within the savings incentive account, the state treasurer may
create subaccounts to be credited with incentive savings attributable
to individual state agencies, as determined by the office of financial
management in consultation with the legislative fiscal committees.
Moneys deposited in the subaccounts may be expended only on the
authorization of the agency's executive head or designee and only for
the purpose of one-time expenditures to improve the quality,
efficiency, and effectiveness of services to customers of the state,
such as one-time expenditures for employee training, employee
incentives, technology improvements, new work processes, or performance
measurement. Funds may not be expended from the account to establish
new programs or services, expand existing programs or services, or
incur ongoing costs that would require future expenditures.
(3) For purposes of this section, "incentive savings" means state
general fund appropriations that are unspent as of June 30th of a
fiscal year, excluding any amounts included in across-the-board
reductions under RCW 43.88.110 and excluding unspent appropriations
for:
(a) Caseload and enrollment in entitlement programs, except to the
extent that an agency has clearly demonstrated that efficiencies have
been achieved in the administration of the entitlement program.
"Entitlement program," as used in this section, includes programs for
which specific sums of money are appropriated for pass-through to third
parties or other entities;
(b) Enrollments in state institutions of higher education;
(c) A specific amount contained in a condition or limitation to an
appropriation in the biennial appropriations act, if the agency did not
achieve the specific purpose or objective of the condition or
limitation;
(d) Debt service on state obligations; and
(e) State retirement system obligations.
(4) The office of financial management, after consulting with the
legislative fiscal committees, shall report the amount of savings
incentives achieved.
(5) For fiscal year 2009, the legislature may transfer from the
savings incentive account to the state general fund such amounts as
reflect the fund balance of the account attributable to unspent state
general fund appropriations for fiscal year 2008. For fiscal year
2010, the legislature may transfer from the savings incentive account
to the state general fund such amounts as reflect the fund balance of
the account attributable to unspent state general fund appropriations
for fiscal year 2009.
Sec. 929 RCW 43.79.465 and 2009 c 4 s 903 are each amended to
read as follows:
The education savings account is created in the state treasury.
The account shall consist of all moneys appropriated to the account by
the legislature.
(1) Ten percent of legislative appropriations to the education
savings account shall be distributed as follows: (a) Fifty percent to
the distinguished professorship trust fund under RCW 28B.76.565; (b)
seventeen percent to the graduate fellowship trust fund under RCW
28B.76.610; and (c) thirty-three percent to the college faculty awards
trust fund under RCW 28B.50.837.
(2) The remaining moneys in the education savings account may be
appropriated solely for (a) common school construction projects that
are eligible for funding from the common school construction account,
(b) technology improvements in the common schools, (c) during the 2001-03 fiscal biennium, technology improvements in public higher education
institutions, ((and)) (d) during the 2007-2009 fiscal biennium, the
legislature may transfer from the education savings account to the
state general fund such amounts as reflect the excess fund balance of
the account attributable to unspent state general fund appropriations
for fiscal year 2008, and (e) for fiscal year 2010, the legislature may
transfer from the education savings account to the state general fund
such amounts as reflect the fund balance of the account attributable to
unspent general fund appropriations for fiscal year 2009.
Sec. 930 RCW 43.89.010 and 2000 2nd sp.s. c 4 s 7 are each
amended to read as follows:
The chief of the Washington state patrol is hereby authorized to
establish a communications network which will inter-connect the law
enforcement agencies of the state and its political subdivisions into
a unified written communications system. The chief of the Washington
state patrol is authorized to lease or purchase such facilities and
equipment as may be necessary to establish and maintain the
communications network.
(1) The communications network shall be used exclusively for the
official business of the state, and the official business of any city,
county, city and county, or other public agency.
(2) This section does not prohibit the occasional use of the
state's communications network by any other state or public agency
thereof when the messages transmitted relate to the enforcement of the
criminal laws of the state.
(3) The chief of the Washington state patrol shall fix the monthly
operational charge to be paid by any department or agency of state
government, or any city, county, city and county, or other public
agency participating in the communications network: PROVIDED, That in
computing charges to be made against a city, county, or city and county
the state shall bear at least fifty percent of the costs of such
service as its share in providing a modern unified communications
network to the law enforcement agencies of the state. Of the fees
collected pursuant to this section, one-half shall be deposited in the
motor vehicle fund and one-half shall be deposited in the state patrol
highway account. However, for the 2009-2011 fiscal biennium the fees
collected pursuant to this section shall be deposited in the state
general fund.
(4) The chief of the Washington state patrol is authorized to
arrange for the connection of the communications network with the law
enforcement communications system of any adjacent state, or the
Province of British Columbia, Canada.
Sec. 931 RCW 43.105.080 and 1999 c 80 s 8 are each amended to
read as follows:
There is created a revolving fund to be known as the data
processing revolving fund in the custody of the state treasurer. The
revolving fund shall be used for the acquisition of equipment,
software, supplies, and services and the payment of salaries, wages,
and other costs incidental to the acquisition, development, operation,
and administration of information services, telecommunications,
systems, software, supplies and equipment, including the payment of
principal and interest on bonds issued for capital projects, by the
department, Washington State University's computer services center, the
department of personnel's personnel information systems division, the
office of financial management's financial systems management group,
and other users as jointly determined by the department and the office
of financial management. The revolving fund is subject to the
allotment procedure provided under chapter 43.88 RCW. Disbursements
from the revolving fund for the services component of the department
are not subject to appropriation. Disbursements for the strategic
planning and policy component of the department are subject to
appropriation. All disbursements from the fund are subject to the
allotment procedures provided under chapter 43.88 RCW. The department
shall establish and implement a billing structure to assure all
agencies pay an equitable share of the costs.
During the 2009-2011 fiscal biennium, the legislature may transfer
from the data processing revolving account to the state general fund
such amounts as reflect the excess fund balance associated with the
information technology pool.
As used in this section, the word "supplies" shall not be
interpreted to delegate or abrogate the division of purchasing's
responsibilities and authority to purchase supplies as described in RCW
43.19.190 and 43.19.200.
Sec. 932 RCW 43.155.050 and 2009 c 564 s 940 are each amended to
read as follows:
(1) The public works assistance account is hereby established in
the
state treasury. Money may be placed in the public works assistance
account from the proceeds of bonds when authorized by the legislature
or from any other lawful source. Money in the public works assistance
account shall be used to make loans and to give financial guarantees to
local governments for public works projects. Moneys in the account may
also be appropriated to provide for state match requirements under
federal law for projects and activities conducted and financed by the
board under the drinking water assistance account. Not more than
fifteen percent of the biennial capital budget appropriation to the
public works board from this account may be expended or obligated for
preconstruction loans, emergency loans, or loans for capital facility
planning under this chapter; of this amount, not more than ten percent
of the biennial capital budget appropriation may be expended for
emergency loans and not more than one percent of the biennial capital
budget appropriation may be expended for capital facility planning
loans. During the 2009-2011 fiscal biennium, the legislature may
transfer from the public works assistance account to the general fund
and the city-county assistance account such amounts as reflect the
excess fund balance of the account.
(2) The job development fund is hereby established in the state
treasury. Moneys in the job development fund may be spent only after
appropriation. During the 2009-2011 fiscal biennium, the legislature
may transfer from the job development fund to the general fund such
amounts as reflect the excess fund balance of the fund.
NEW SECTION. Sec. 933 A new section is added to chapter 43.215
RCW to read as follows:
(1)(a) The home visiting services account is created in the custody
of the state treasurer. Revenues to the account shall consist of
appropriations by the legislature and all other sources deposited in
the account.
(b) Expenditures from the account shall be used for state matching
funds for the purposes of the program established in this section
including administrative expenses. Only the director or the director's
designee may authorize expenditures from the account. Authorizations
for expenditures may be given only after private funds are committed
and available.
(c) Expenditures from the account are exempt from the
appropriations and allotment provisions of chapter 43.88 RCW. However,
amounts used for program administration by the department are subject
to the allotment and budgetary controls of chapter 43.88 RCW, and an
appropriation is required for these expenditures.
(2) The department must expend moneys from the account to provide
state matching funds for partnership activities to implement home
visiting services and administer the infrastructure necessary to
develop, support, and evaluate evidence-based, research-based, and
promising home visiting programs.
(3) Activities eligible for funding through the account include,
but are not limited to:
(a) Home visiting services that achieve one or more of the
following: (i) Enhancing child development and well-being by
alleviating the effects on child development of poverty and other known
risk factors; (ii) reducing the incidence of child abuse and neglect;
or (iii) promoting school readiness for young children and their
families; and
(b) Development and maintenance of the infrastructure for home
visiting programs, including training, quality improvement, and
evaluation.
(4) Beginning July 1, 2010, the department shall contract with the
nongovernmental private-public partnership designated in RCW 43.215.070
to administer programs funded through the home visiting services
account. The department shall monitor performance and provide periodic
reports on the use outcomes of the home visiting services account.
(5) The nongovernmental private-public partnership shall, in the
administration of the programs:
(a) Fund programs through a competitive bid process; and
(b) Convene an advisory committee of early learning and home
visiting experts, including one representative from the department, to
advise the partnership regarding research and the distribution of funds
from the account to eligible programs.
(6) To promote continuity for families receiving home visiting
services through programs funded on the effective date of this section,
those programs funded under chapter 43.121 RCW shall be funded through
June 30, 2012, based on availability of funds and the achievement of
stated performance goals. This section does not require any program to
receive continuous funding beyond June 30, 2012. Organizations that
may receive program funding include local health departments;
nonprofit, neighborhood-based, community, regional, or statewide
organizations; and federally recognized Indian tribes located in the
state.
Sec. 934 RCW 43.320.110 and 2005 c 518 s 932 are each amended to
read as follows:
There is created a local fund known as the "financial services
regulation fund" which shall consist of all moneys received by the
divisions of the department of financial institutions, except for the
division of securities which shall deposit thirteen percent of all
moneys received, except as provided in RCW 43.320.115, and which shall
be used for the purchase of supplies and necessary equipment; the
payment of salaries, wages, and utilities; the establishment of
reserves; and other incidental costs required for the proper regulation
of individuals and entities subject to regulation by the department.
The state treasurer shall be the custodian of the fund. Disbursements
from the fund shall be on authorization of the director of financial
institutions or the director's designee. In order to maintain an
effective expenditure and revenue control, the fund shall be subject in
all respects to chapter 43.88 RCW, but no appropriation is required to
permit expenditures and payment of obligations from the fund.
During the ((2005-2007)) 2009-2011 fiscal biennium, the legislature
may transfer from the financial services regulation fund to the state
general fund such amounts as reflect the excess fund balance of the
fund.
Sec. 935 RCW 43.320.165 and 2009 c 386 s 2 are each amended to
read as follows:
The prevent or reduce owner-occupied foreclosure program account is
created in the custody of the state treasurer. All receipts from the
appropriation in section 4, chapter 322, Laws of 2008 as well as
receipts from private contributions and all other sources that are
specifically designated for the prevent or reduce owner-occupied
foreclosure program must be deposited into the account. Expenditures
from the account may be used solely for the purpose of preventing or
reducing owner-occupied foreclosures through the prevent or reduce
owner-occupied foreclosure program as described in RCW 43.320.160.
Only the director of the department or the director's designee may
authorize expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but an appropriation is
not required for expenditures. During the 2009-2011 fiscal biennium,
the legislature may transfer from the prevent or reduce owner-occupied
foreclosure program account to the financial education public-private
partnership account such amounts as reflect the excess fund balance of
the account.
Sec. 936 RCW 46.09.170 and 2009 c 564 s 944 and 2009 c 187 s 2
are each reenacted and amended to read as follows:
(1) From time to time, but at least once each year, the state
treasurer shall refund from the motor vehicle fund one percent of the
motor vehicle fuel tax revenues collected under chapter 82.36 RCW,
based on a tax rate of: (a) Nineteen cents per gallon of motor vehicle
fuel from July 1, 2003, through June 30, 2005; (b) twenty cents per
gallon of motor vehicle fuel from July 1, 2005, through June 30, 2007;
(c) twenty-one cents per gallon of motor vehicle fuel from July 1,
2007, through June 30, 2009; (d) twenty-two cents per gallon of motor
vehicle fuel from July 1, 2009, through June 30, 2011; and (e) twenty-three cents per gallon of motor vehicle fuel beginning July 1, 2011,
and thereafter, less proper deductions for refunds and costs of
collection as provided in RCW 46.68.090.
(2) The treasurer shall place these funds in the general fund as
follows:
(a) Thirty-six percent shall be credited to the ORV and nonhighway
vehicle account and administered by the department of natural resources
solely for acquisition, planning, development, maintenance, and
management of ORV, nonmotorized, and nonhighway road recreation
facilities, and information programs and maintenance of nonhighway
roads;
(b) Three and one-half percent shall be credited to the ORV and
nonhighway vehicle account and administered by the department of fish
and wildlife solely for the acquisition, planning, development,
maintenance, and management of ORV, nonmotorized, and nonhighway road
recreation facilities and the maintenance of nonhighway roads;
(c) Two percent shall be credited to the ORV and nonhighway vehicle
account and administered by the parks and recreation commission solely
for the acquisition, planning, development, maintenance, and management
of ORV, nonmotorized, and nonhighway road recreation facilities; and
(d) Fifty-eight and one-half percent shall be credited to the
nonhighway and off-road vehicle activities program account to be
administered by the board for planning, acquisition, development,
maintenance, and management of ORV, nonmotorized, and nonhighway road
recreation facilities and for education, information, and law
enforcement programs. The funds under this subsection shall be
expended in accordance with the following limitations:
(i) Not more than thirty percent may be expended for education,
information, and law enforcement programs under this chapter;
(ii) Not less than seventy percent may be expended for ORV,
nonmotorized, and nonhighway road recreation facilities. Except as
provided in (d)(iii) of this subsection, of this amount:
(A) Not less than thirty percent, together with the funds the board
receives under RCW 46.09.110, may be expended for ORV recreation
facilities;
(B) Not less than thirty percent may be expended for nonmotorized
recreation facilities. Funds expended under this subsection
(2)(d)(ii)(B) shall be known as Ira Spring outdoor recreation
facilities funds; and
(C) Not less than thirty percent may be expended for nonhighway
road recreation facilities;
(iii) The board may waive the minimum percentage cited in (d)(ii)
of this subsection due to insufficient requests for funds or projects
that score low in the board's project evaluation. Funds remaining
after such a waiver must be allocated in accordance with board policy.
(3) On a yearly basis an agency may not, except as provided in RCW
46.09.110, expend more than ten percent of the funds it receives under
this chapter for general administration expenses incurred in carrying
out this chapter.
(4) During the 2009-2011 fiscal biennium, the legislature may
appropriate such amounts as reflect the excess fund balance in the NOVA
account to the department of natural resources to install consistent
off-road vehicle signage at department-managed recreation sites, and to
implement the recreation opportunities on department-managed lands in
the Reiter block and Ahtanum state forest, and to the state parks and
recreation commission. The legislature finds that the appropriation of
funds from the NOVA account during the 2009-2011 fiscal biennium for
maintenance and operation of state parks ((and)) or to improve
accessibility for boaters and off-road vehicle users at state parks
will benefit boaters and off-road vehicle users and others who use
nonhighway and nonmotorized recreational facilities. ((This
appropriation is)) The appropriations under this subsection are not
required to follow the specific distribution specified in subsection
(2) of this section.
*Sec. 937 RCW 48.02.190 and 2009 c 161 s 1 are each amended to
read as follows:
(1) As used in this section:
(a) "Organization" means every insurer, as defined in RCW
48.01.050, having a certificate of authority to do business in this
state, every health care service contractor, as defined in RCW
48.44.010, every health maintenance organization, as defined in RCW
48.46.020, or self-funded multiple employer welfare arrangement, as
defined in RCW 48.125.010, registered to do business in this state.
"Class one" organizations shall consist of all insurers as defined in
RCW 48.01.050. "Class two" organizations shall consist of all
organizations registered under provisions of chapters 48.44 and 48.46
RCW. "Class three" organizations shall consist of self-funded multiple
employer welfare arrangements as defined in RCW 48.125.010.
(b)(i) "Receipts" means (A) net direct premiums consisting of
direct gross premiums, as defined in RCW 48.18.170, paid for insurance
written or renewed upon risks or property resident, situated, or to be
performed in this state, less return premiums and premiums on policies
not taken, dividends paid or credited to policyholders on direct
business, and premiums received from policies or contracts issued in
connection with qualified plans as defined in RCW 48.14.021, and (B)
prepayments to health care service contractors, as defined in RCW
48.44.010, health maintenance organizations, as defined in RCW
48.46.020, or participant contributions to self-funded multiple
employer welfare arrangements, as defined in RCW 48.125.010, less
experience rating credits, dividends, prepayments returned to
subscribers, and payments for contracts not taken.
(ii) Participant contributions, under chapter 48.125 RCW, used to
determine the receipts in this state under this section shall be
determined in the same manner as premiums taxable in this state are
determined under RCW 48.14.090.
(c) "Regulatory surcharge" means the fees imposed by this section.
(2) The annual cost of operating the office of insurance
commissioner shall be determined by legislative appropriation. A pro
rata share of the cost shall be charged to all organizations as a
regulatory surcharge. Each class of organization shall contribute a
sufficient amount to the insurance commissioner's regulatory account to
pay the reasonable costs, including overhead, of regulating that class
of organization.
(3) The regulatory surcharge shall be calculated separately for
each class of organization. The regulatory surcharge collected from
each organization shall be that portion of the cost of operating the
insurance commissioner's office, for that class of organization, for
the ensuing fiscal year that is represented by the organization's
portion of the receipts collected or received by all organizations
within that class on business in this state during the previous
calendar year. However, the regulatory surcharge must not exceed one-eighth of one percent of receipts and the minimum regulatory surcharge
shall be one thousand dollars.
(4) The commissioner shall annually, on or before June 1st,
calculate and bill each organization for the amount of the regulatory
surcharge. The regulatory surcharge shall be due and payable no later
than June 15th of each year. However, if the necessary financial
records are not available or if the amount of the legislative
appropriation is not determined in time to carry out such calculations
and bill such regulatory surcharge within the time specified, the
commissioner may use the regulatory surcharge factors for the prior
year as the basis for the regulatory surcharge and, if necessary, the
commissioner may impose supplemental fees to fully and properly charge
the organizations. Any organization failing to pay the regulatory
surcharges by June 30th shall pay the same penalties as the penalties
for failure to pay taxes when due under RCW 48.14.060. The regulatory
surcharge required by this section is in addition to all other taxes
and fees now imposed or that may be subsequently imposed.
(5) All moneys collected shall be deposited in the insurance
commissioner's regulatory account in the state treasury which is hereby
created.
(6) Unexpended funds in the insurance commissioner's regulatory
account at the close of a fiscal year shall be carried forward in the
insurance commissioner's regulatory account to the succeeding fiscal
year and shall be used to reduce future regulatory surcharges.
(7)(a) Each insurer may annually collect regulatory surcharges
remitted in preceding years by means of a policyholder surcharge on
premiums charged for all kinds of insurance. The recoupment shall be
at a uniform rate reasonably calculated to collect the regulatory
surcharge remitted by the insurer.
(b) If an insurer fails to collect the entire amount of the
recoupment in the first year under this section, it may repeat the
recoupment procedure provided for in this subsection (7) in succeeding
years until the regulatory surcharge is fully collected or a de minimis
amount remains uncollected. Any such de minimis amount may be
collected as provided in (d) of this subsection.
(c) The amount and nature of any recoupment shall be separately
stated on either a billing or policy declaration sent to an insured.
The amount of the recoupment must not be considered a premium for any
purpose, including the premium tax or agents' commissions.
(d) An insurer may elect not to collect the regulatory surcharge
from its insured. In such a case, the insurer may recoup the
regulatory surcharge through its rates, if the following requirements
are met:
(i) The insurer remits the amount of surcharge not collected by
election under this subsection; and
(ii) The surcharge is not considered a premium for any purpose,
including the premium tax or agents' commission.
(8) During the 2009-2011 fiscal biennium, the legislature may
transfer from the insurance commissioner's regulatory account to the
state general fund such amounts as reflect the excess fund balance in
the account.
*Sec. 937 was vetoed. See message at end of chapter.
Sec. 938 RCW 67.40.040 and 2008 c 329 s 917 and 2008 c 328 s 6011
are each reenacted and amended to read as follows:
(1) The proceeds from the sale of the bonds authorized in RCW
67.40.030, proceeds of the taxes imposed under RCW 67.40.090 and
67.40.130, and all other moneys received by the state convention and
trade center from any public or private source which are intended to
fund the acquisition, design, construction, expansion, exterior cleanup
and repair of the Eagles building, conversion of various retail and
other space to meeting rooms, purchase of the land and building known
as the McKay Parcel, development of low-income housing, or renovation
of the center, and those expenditures authorized under RCW 67.40.170
shall be deposited in the state convention and trade center account
hereby created in the state treasury and in such subaccounts as are
deemed appropriate by the directors of the corporation.
(2) Moneys in the account, including unanticipated revenues under
RCW 43.79.270, shall be used exclusively for the following purposes in
the following priority:
(a) For reimbursement of the state general fund under RCW
67.40.060;
(b) After appropriation by statute:
(i) For payment of expenses incurred in the issuance and sale of
the bonds issued under RCW 67.40.030;
(ii) For expenditures authorized in RCW 67.40.170, and during the
((2007-2009)) 2009-2011 fiscal biennium, ((the legislature may transfer
from the state convention and trade center account to the Washington
housing trust account such amounts as reflect the excess fund balance
in the account; and during the 2007-2009 biennium,)) the legislature
may transfer from the state convention and trade center account to the
general fund such amounts as reflect the excess fund balance in the
account;
(iii) For acquisition, design, and construction of the state
convention and trade center;
(iv) For debt service for the acquisition, design, and construction
and retrofit of the museum of history and industry museum property or
other future expansions of the convention center as approved by the
legislature; and
(v) For reimbursement of any expenditures from the state general
fund in support of the state convention and trade center; and
(c) For transfer to the state convention and trade center
operations account.
(3) The corporation shall identify with specificity those
facilities of the state convention and trade center that are to be
financed with proceeds of general obligation bonds, the interest on
which is intended to be excluded from gross income for federal income
tax purposes. The corporation shall not permit the extent or manner of
private business use of those bond-financed facilities to be
inconsistent with treatment of such bonds as governmental bonds under
applicable provisions of the Internal Revenue Code of 1986, as amended.
(4) In order to ensure consistent treatment of bonds authorized
under RCW 67.40.030 with applicable provisions of the Internal Revenue
Code of 1986, as amended, and notwithstanding RCW 43.84.092, investment
earnings on bond proceeds deposited in the state convention and trade
center account in the state treasury shall be retained in the account,
and shall be expended by the corporation for the purposes authorized
under chapter 386, Laws of 1995 and in a manner consistent with
applicable provisions of the Internal Revenue Code of 1986, as amended.
(5) Subject to the conditions in subsection (6) of this section,
starting in fiscal year 2008, and except for the 2009-2011 fiscal
biennium in which no transfers shall be made, the state treasurer shall
transfer:
(a) The sum of four million dollars, or as much as may be available
pursuant to conditions set forth in this section, from the state
convention and trade center account to the tourism enterprise account,
with the maximum transfer being four million dollars per fiscal year;
and
(b) The sum of five hundred thousand dollars, or as much as may be
available pursuant to conditions set forth in this section, from the
state convention and trade center account to the tourism development
and promotion account, with the maximum transfer being five hundred
thousand dollars per fiscal year.
(6)(a) Funds required for debt service payments and reserves for
bonds issued under RCW 67.40.030; for debt service authorized under RCW
67.40.170; and for the issuance and sale of financial instruments
associated with the acquisition, design, construction, and retrofit of
the museum of history and industry museum property or for other future
expansions of the center, as approved by the legislature, shall be
maintained within the state convention and trade center account.
(b) Except for during the 2009-2011 fiscal biennium, during which
no reserve shall be retained, no less than six million one hundred
fifty thousand dollars per year shall be retained in the state
convention and trade center account for funding capital maintenance as
required by the center's long-term capital plan, facility enhancements,
unanticipated replacements, and operating reserves for the convention
center operation. This amount shall be escalated annually as follows:
(i) Four percent for annual inflation for capital maintenance,
repairs, and replacement;
(ii) An additional two percent for enhancement to the facility; and
(iii) An additional three percent for growth in expenditure due to
aging of the facility and the need to maintain an operating reserve.
(c) Sufficient funds shall be reserved within the state convention
and trade center account to fund operating appropriations for the
annual operation of the convention center.
*Sec. 939 RCW 66.08.170 and 2009 c 564 s 947 are each amended to
read as follows:
There shall be a fund, known as the "liquor revolving fund", which
shall consist of all license fees, permit fees, penalties, forfeitures,
and all other moneys, income, or revenue received by the board. The
state treasurer shall be custodian of the fund. All moneys received by
the board or any employee thereof, except for change funds and an
amount of petty cash as fixed by the board within the authority of law
shall be deposited each day in a depository approved by the state
treasurer and transferred to the state treasurer to be credited to the
liquor revolving fund. During the 2009-2011 fiscal biennium, the
legislature may transfer funds from the liquor revolving ((account
[fund])) fund to the state general fund and may direct an additional
amount of liquor profits to be distributed to local governments.
Neither the transfer of funds nor the additional distribution of liquor
profits to local governments during the 2009-2011 fiscal biennium may
reduce the excess fund distributions that otherwise would occur under
RCW 66.08.190. Licensee sales are exempt from any increases to the
price of liquor made by the board during the 2009-2011 fiscal biennium
for the purpose of implementing any transfers to the state general fund
or additional distribution of liquor profits. This exemption includes
price increases implemented for such purposes during the 2009-2011
fiscal biennium prior to the effective date of this section but applies
only to sales made on or after July 1, 2010. Disbursements from the
revolving fund shall be on authorization of the board or a duly
authorized representative thereof. In order to maintain an effective
expenditure and revenue control the liquor revolving fund shall be
subject in all respects to chapter 43.88 RCW but no appropriation shall
be required to permit expenditures and payment of obligations from such
fund.
*Sec. 939 was vetoed. See message at end of chapter.
Sec. 940 RCW 67.70.044 and 2009 c 576 s 1 are each amended to
read as follows:
(1) Pursuant to RCW 67.70.040(1)(a), the commission may enter into
the multistate agreement establishing a shared game lottery known as
"The Big Game," that was entered into by party state lotteries in
August 1996 and subsequently amended and a shared game lottery known as
"Powerball."
(2) The shared game lottery account is created as a separate
account outside the state treasury. The account is managed,
maintained, and controlled by the commission and consists of all
revenues received from the sale of shared game lottery tickets or
shares, and all other moneys credited or transferred to it from any
other fund or source under law. The account is allotted according to
chapter 43.88 RCW. During the 2009-2011 fiscal biennium, the
legislature may transfer from the shared game lottery account to the
education legacy trust account such amounts as reflect the excess fund
balance of the account.
Sec. 941 RCW 67.70.230 and 1985 c 375 s 4 are each amended to
read as follows:
There is hereby created and established a separate account, to be
known as the state lottery account. Such account shall be managed,
maintained, and controlled by the commission and shall consist of all
revenues received from the sale of lottery tickets or shares, and all
other moneys credited or transferred thereto from any other fund or
source pursuant to law. The account shall be a separate account
outside the state treasury. No appropriation is required to permit
expenditures and payment of obligations from the account. During the
2009-2011 fiscal biennium, the legislature may transfer from the state
lottery account to the education legacy trust account such amounts as
reflect the excess fund balance of the account.
Sec. 942 RCW 70.105D.070 and 2009 c 564 s 951 are each amended to
read as follows:
(1) The state toxics control account and the local toxics control
account are hereby created in the state treasury.
(2) The following moneys shall be deposited into the state toxics
control account: (a) Those revenues which are raised by the tax
imposed under RCW 82.21.030 and which are attributable to that portion
of the rate equal to thirty-three one-hundredths of one percent; (b)
the costs of remedial actions recovered under this chapter or chapter
70.105A RCW; (c) penalties collected or recovered under this chapter;
and (d) any other money appropriated or transferred to the account by
the legislature. Moneys in the account may be used only to carry out
the purposes of this chapter, including but not limited to the
following activities:
(i) The state's responsibility for hazardous waste planning,
management, regulation, enforcement, technical assistance, and public
education required under chapter 70.105 RCW;
(ii) The state's responsibility for solid waste planning,
management, regulation, enforcement, technical assistance, and public
education required under chapter 70.95 RCW;
(iii) The hazardous waste cleanup program required under this
chapter;
(iv) State matching funds required under the federal cleanup law;
(v) Financial assistance for local programs in accordance with
chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
(vi) State government programs for the safe reduction, recycling,
or disposal of hazardous wastes from households, small businesses, and
agriculture;
(vii) Hazardous materials emergency response training;
(viii) Water and environmental health protection and monitoring
programs;
(ix) Programs authorized under chapter 70.146 RCW;
(x) A public participation program, including regional citizen
advisory committees;
(xi) Public funding to assist potentially liable persons to pay for
the costs of remedial action in compliance with cleanup standards under
RCW 70.105D.030(2)(e) but only when the amount and terms of such
funding are established under a settlement agreement under RCW
70.105D.040(4) and when the director has found that the funding will
achieve both (A) a substantially more expeditious or enhanced cleanup
than would otherwise occur, and (B) the prevention or mitigation of
unfair economic hardship;
(xii) Development and demonstration of alternative management
technologies designed to carry out the hazardous waste management
priorities of RCW 70.105.150; ((and))
(xiii) During the 2009-2011 fiscal biennium, shoreline update
technical assistance; and
(xiv) During the 2009-2011 fiscal biennium, multijurisdictional
permitting teams.
(3) The following moneys shall be deposited into the local toxics
control account: Those revenues which are raised by the tax imposed
under RCW 82.21.030 and which are attributable to that portion of the
rate equal to thirty-seven one-hundredths of one percent.
(a) Moneys deposited in the local toxics control account shall be
used by the department for grants or loans to local governments for the
following purposes in descending order of priority:
(i) Remedial actions;
(ii) Hazardous waste plans and programs under chapter 70.105 RCW;
(iii) Solid waste plans and programs under chapters 70.95, 70.95C,
70.95I, and 70.105 RCW;
(iv) Funds for a program to assist in the assessment and cleanup of
sites of methamphetamine production, but not to be used for the initial
containment of such sites, consistent with the responsibilities and
intent of RCW 69.50.511; and
(v) Cleanup and disposal of hazardous substances from abandoned or
derelict vessels, defined for the purposes of this section as vessels
that have little or no value and either have no identified owner or
have an identified owner lacking financial resources to clean up and
dispose of the vessel, that pose a threat to human health or the
environment.
(b) Funds for plans and programs shall be allocated consistent with
the priorities and matching requirements established in chapters
70.105, 70.95C, 70.95I, and 70.95 RCW, except that any applicant that
is a Puget Sound partner, as defined in RCW 90.71.010, along with any
project that is referenced in the action agenda developed by the Puget
Sound partnership under RCW 90.71.310, shall, except as conditioned by
RCW 70.105D.120, receive priority for any available funding for any
grant or funding programs or sources that use a competitive bidding
process. During the 2007-2009 fiscal biennium, moneys in the account
may also be used for grants to local governments to retrofit public
sector diesel equipment and for storm water planning and implementation
activities.
(c) To expedite cleanups throughout the state, the department shall
partner with local communities and liable parties for cleanups. The
department is authorized to use the following additional strategies in
order to ensure a healthful environment for future generations:
(i) The director may alter grant-matching requirements to create
incentives for local governments to expedite cleanups when one of the
following conditions exists:
(A) Funding would prevent or mitigate unfair economic hardship
imposed by the clean-up liability;
(B) Funding would create new substantial economic development,
public recreational, or habitat restoration opportunities that would
not otherwise occur; or
(C) Funding would create an opportunity for acquisition and
redevelopment of vacant, orphaned, or abandoned property under RCW
70.105D.040(5) that would not otherwise occur;
(ii) The use of outside contracts to conduct necessary studies;
(iii) The purchase of remedial action cost-cap insurance, when
necessary to expedite multiparty clean-up efforts.
(d) To facilitate and expedite cleanups using funds from the local
toxics control account, during the 2009-2011 fiscal biennium the
director may establish grant-funded accounts to hold and disperse local
toxics control account funds and funds from local governments to be
used for remedial actions.
(4) Except for unanticipated receipts under RCW 43.79.260 through
43.79.282, moneys in the state and local toxics control accounts may be
spent only after appropriation by statute.
(5) Except during the 2009-2011 fiscal biennium, one percent of the
moneys deposited into the state and local toxics control accounts shall
be allocated only for public participation grants to persons who may be
adversely affected by a release or threatened release of a hazardous
substance and to not-for-profit public interest organizations. The
primary purpose of these grants is to facilitate the participation by
persons and organizations in the investigation and remedying of
releases or threatened releases of hazardous substances and to
implement the state's solid and hazardous waste management priorities.
No grant may exceed sixty thousand dollars. Grants may be renewed
annually. Moneys appropriated for public participation from either
account which are not expended at the close of any biennium shall
revert to the state toxics control account.
(6) No moneys deposited into either the state or local toxics
control account may be used for solid waste incinerator feasibility
studies, construction, maintenance, or operation, or, after January 1,
2010, for projects designed to address the restoration of Puget Sound,
funded in a competitive grant process, that are in conflict with the
action agenda developed by the Puget Sound partnership under RCW
90.71.310.
(7) The department shall adopt rules for grant or loan issuance and
performance.
(8) During the 2007-2009 and 2009-2011 fiscal biennia, the
legislature may transfer from the local toxics control account to
either the state general fund or the oil spill prevention account, or
both such amounts as reflect excess fund balance in the account.
(9) During the 2009-2011 fiscal biennium, the local toxics control
account may also be used for a standby rescue tug at Neah Bay, local
government shoreline update grants, private and public sector diesel
equipment retrofit, and oil spill prevention, preparedness, and
response activities.
(10) During the 2009-2011 fiscal biennium, the legislature may
transfer from the state toxics control account to the state general
fund such amounts as reflect the excess fund balance in the account.
Sec. 943 RCW 74.31.030 and 2007 c 356 s 4 are each amended to
read as follows:
(1) By July 30, 2007, the department shall designate a staff person
who shall be responsible for the following:
(a) Coordinating policies, programs, and services for individuals
with traumatic brain injuries; and
(b) Providing staff support to the council created in RCW
74.31.020.
(2) The department shall provide data and information to the
council established under RCW 74.31.020 that is requested by the
council and is in the possession or control of the department.
(3) By December 1, 2007, the department shall provide a preliminary
report to the legislature and the governor, and shall provide a final
report by December 1, 2008, containing recommendations for a
comprehensive statewide plan to address the needs of individuals with
traumatic brain injuries, including the use of public-private
partnerships and a public awareness campaign. The comprehensive plan
should be created in collaboration with the council and should consider
the following:
(a) Building provider capacity and provider training;
(b) Improving the coordination of services;
(c) The feasibility of establishing agreements with private sector
agencies to develop services for individuals with traumatic brain
injuries; and
(d) Other areas the council deems appropriate.
(4) By December 1, 2007, the department shall:
(a) Provide information and referral services to individuals with
traumatic brain injuries until the statewide referral and information
network is developed. The referral services may be funded from the
traumatic brain injury account established under RCW 74.31.060; ((and))
(b) Encourage and facilitate the following:
(i) Collaboration among state agencies that provide services to
individuals with traumatic brain injuries;
(ii) Collaboration among organizations and entities that provide
services to individuals with traumatic brain injuries; and
(iii) Community participation in program implementation; and
(c) During the 2009-2011 fiscal biennium:
(i) Secure funding to develop housing specifically for traumatic
brain injured individuals by leveraging federal and private fund
sources;
(ii) Expand support group services with an emphasis on persons
returning from active military duty with traumatic brain injury and
their families;
(iii) Establish training and outreach to first responders and
emergency medical staff for care related to traumatic brain injury; and
(iv) Improve awareness of health insurance coverage options and
promote best practices in private health insurance coverage.
(5) By December 1, 2007, and by December 1st each year thereafter,
the department shall issue a report to the governor and the legislature
containing the following:
(a) A summary of action taken by the department to meet the needs
of individuals with traumatic brain injuries; and
(b) Recommendations for improvements in services to address the
needs of individuals with traumatic brain injuries.
Sec. 944 RCW 74.31.060 and 2007 c 356 s 7 are each amended to
read as follows:
The traumatic brain injury account is created in the state
treasury. Two dollars of the fee imposed under RCW 46.63.110(7)(c)
must be deposited into the account. Moneys in the account may be spent
only after appropriation, and may be used only to provide a public
awareness campaign and services relating to traumatic brain injury
under RCW 74.31.040 and 74.31.050, for information and referral
services, and for costs of required department staff who are providing
support for the council and information and referral services under RCW
74.31.020 and 74.31.030. During the 2009-2011 fiscal biennium, money
in the account may also be spent on long-term care services and the
services authorized in RCW 74.31.030(4)(c). The secretary of the
department of social and health services has the authority to
administer the funds.
Sec. 945 RCW 70.93.180 and 2009 c 564 s 950 are each amended to
read as follows:
(1) There is hereby created an account within the state treasury to
be known as the "waste reduction, recycling, and litter control
account". Moneys in the account may be spent only after appropriation.
Expenditures from the waste reduction, recycling, and litter control
account shall be used as follows:
(a) Fifty percent to the department of ecology, for use by the
departments of ecology, natural resources, revenue, transportation, and
corrections, and the parks and recreation commission, for use in litter
collection programs, to be distributed under RCW 70.93.220. The amount
to the department of ecology shall also be used for a central
coordination function for litter control efforts statewide, for the
biennial litter survey under RCW 70.93.200(8), and for statewide public
awareness programs under RCW 70.93.200(7). The amount to the
department shall also be used to defray the costs of administering the
funding, coordination, and oversight of local government programs for
waste reduction, litter control, and recycling, so that local
governments can apply one hundred percent of their funding to achieving
program goals. The amount to the department of revenue shall be used
to enforce compliance with the litter tax imposed in chapter 82.19 RCW;
(b) Twenty percent to the department for local government funding
programs for waste reduction, litter control, and recycling activities
by cities and counties under RCW 70.93.250, to be administered by the
department of ecology; and
(c) Thirty percent to the department of ecology for waste reduction
and recycling efforts.
(2) All taxes imposed in RCW 82.19.010 and fines and bail
forfeitures collected or received pursuant to this chapter shall be
deposited in the waste reduction, recycling, and litter control account
and used for the programs under subsection (1) of this section.
(3) Not less than five percent and no more than ten percent of the
amount appropriated into the waste reduction, recycling, and litter
control account every biennium shall be reserved for capital needs,
including the purchase of vehicles for transporting crews and for
collecting litter and solid waste. Capital funds shall be distributed
among state agencies and local governments according to the same
criteria provided in RCW 70.93.220 for the remainder of the funds, so
that the most effective waste reduction, litter control, and recycling
programs receive the most funding. The intent of this subsection is to
provide funds for the purchase of equipment that will enable the
department to account for the greatest return on investment in terms of
reaching a zero litter goal.
(4) During the 2009-2011 fiscal biennium, the legislature may
transfer from the waste reduction, recycling, and litter control
account to the state general fund such amounts as reflect the excess
fund balance of the account. ((For purposes of subsection (1) of this
section, this transfer shall be treated as an expenditure for litter
collection.)) Additionally, during the 2009-2011 fiscal biennium,
subsection (1)(a), (b), and (c) of this section is suspended.
NEW SECTION. Sec. 946 A new section is added to chapter 43.79
RCW to read as follows:
The legislature recognizes that efforts to restructure state
operations to achieve greater efficiency are often impeded by the lack
of a financing tool to support the transition and phase-down of state
operations. The state efficiency and restructuring account is
established in the state treasury to finance efforts to restructure
state operations and achieve budget savings. Moneys from the account
may be expended only after appropriation. As directed by the
legislature, the state treasurer must transfer funds from specified
accounts into the state efficiency and restructuring account to support
appropriations from that account. The state treasurer must maintain a
record of such transfers and must calculate repayment obligations to
any accounts providing surplus funds for a term of eight years at an
interest rate that is five tenths of a percent higher than the interest
rate that the account would have earned without the transfer. The
state treasurer must submit a report of all such repayment obligations
to the office of financial management by September 1st of each year.
The governor's budget request under RCW 43.88.060 must include
sufficient funds to meet the biennial repayment obligation.
Sec. 947 RCW 70.105D.130 and 2008 c 106 s 1 are each amended to
read as follows:
(1) The cleanup settlement account is created in the state
treasury. The account is not intended to replace the state toxics
control account established under RCW 70.105D.070. All receipts from
the sources identified in subsection (2) of this section must be
deposited into the account. Moneys in the account may be spent only
after appropriation. Expenditures from the account may be used only as
identified in subsection (4) of this section.
(2) The following receipts must be deposited into the cleanup
settlement account:
(a) Receipts from settlements or court orders that direct payment
to the account and resolve a person's liability or potential liability
under this chapter for either or both of the following:
(i) Conducting future remedial action at a specific facility, if it
is not feasible to require the person to conduct the remedial action
based on the person's financial insolvency, limited ability to pay, or
insignificant contribution under RCW 70.105D.040(4)(a);
(ii) Assessing or addressing the injury to natural resources caused
by the release of a hazardous substance from a specific facility; and
(b) Receipts from investment of the moneys in the account.
(3) If a settlement or court order does not direct payment of
receipts described in subsection (2)(a) of this section into the
cleanup settlement account, then the receipts from any payment to the
state must be deposited into the state toxics control account.
(4) Expenditures from the cleanup settlement account may only be
used to conduct remedial actions at the specific facility or to assess
or address the injury to natural resources caused by the release of
hazardous substances from that facility for which the moneys were
deposited in the account. Conducting remedial actions or assessing or
addressing injury to natural resources includes direct expenditures and
indirect expenditures such as department oversight costs. During the
2009-2011 fiscal biennium, the legislature may transfer excess fund
balances in the account into the state efficiency and restructuring
account. Transfers of excess fund balances made under this section
shall be made only to the extent amounts transferred with required
repayments do not impair the ten-year spending plan administered by the
department of ecology for environmental remedial actions dedicated for
any designated clean-up site associated with the Everett smelter and
Tacoma smelter, including plumes, or former Asarco mine sites. The
cleanup settlement account must be repaid with interest under
provisions of the state efficiency and restructuring account.
(5) The department shall track moneys received, interest earned,
and moneys expended separately for each facility.
(6) After the department determines that all remedial actions at a
specific facility, and all actions assessing or addressing injury to
natural resources caused by the release of hazardous substances from
that facility, are completed, including payment of all related costs,
any moneys remaining for the specific facility must be transferred to
the state toxics control account established under RCW 70.105D.070.
(7) The department shall provide the office of financial management
and the fiscal committees of the legislature with a report by October
31st of each year regarding the activity within the cleanup settlement
account during the previous fiscal year.
Sec. 948 RCW 70.146.100 and 2007 c 233 s 1 are each amended to
read as follows:
(1) The water quality capital account is created in the state
treasury. Moneys in the water quality capital account may be spent
only after appropriation.
(2) Expenditures from the water quality capital account may only be
used: (a) To make grants or loans to public bodies, including grants
to public bodies as cost-sharing moneys in any case where federal,
local, or other moneys are made available on a cost-sharing basis, for
the capital component of water pollution control facilities and
activities; (b) for purposes of assisting a public body to obtain an
ownership interest in water pollution control facilities; or (c) to
defray any part of the capital component of the payments made by a
public body to a service provider under a service agreement entered
into under RCW 70.150.060. During the 2009-2011 fiscal biennium, the
legislature may transfer from the water quality capital account to the
state general fund such amounts as reflect the excess fund balance of
the account.
Sec. 949 RCW 79.105.150 and 2009 c 564 s 959 are each amended to
read as follows:
(1) After deduction for management costs as provided in RCW
79.64.040 and payments to towns under RCW 79.115.150(2), all moneys
received by the state from the sale or lease of state-owned aquatic
lands and from the sale of valuable material from state-owned aquatic
lands shall be deposited in the aquatic lands enhancement account which
is hereby created in the state treasury. After appropriation, these
funds shall be used solely for aquatic lands enhancement projects; for
the purchase, improvement, or protection of aquatic lands for public
purposes; for providing and improving access to the lands; and for
volunteer cooperative fish and game projects. During the 2009-2011
fiscal biennium, the aquatic lands enhancement account may also be used
for scientific research as part of the adaptive management process.
During the 2009-11 fiscal biennium, the legislature may transfer from
the aquatic lands enhancement account to the state general fund such
amounts as reflect excess fund balance of the account.
(2) In providing grants for aquatic lands enhancement projects, the
recreation and conservation funding board shall:
(a) Require grant recipients to incorporate the environmental
benefits of the project into their grant applications;
(b) Utilize the statement of environmental benefits, consideration,
except as provided in RCW 79.105.610, of whether the applicant is a
Puget Sound partner, as defined in RCW 90.71.010, whether a project is
referenced in the action agenda developed by the Puget Sound
partnership under RCW 90.71.310, and except as otherwise provided in
RCW 79.105.630, and effective one calendar year following the
development and statewide availability of model evergreen community
management plans and ordinances under RCW 35.105.050, whether the
applicant is an entity that has been recognized, and what gradation of
recognition was received, in the evergreen community recognition
program created in RCW 35.105.030 in its prioritization and selection
process; and
(c) Develop appropriate outcome-focused performance measures to be
used both for management and performance assessment of the grants.
(3) To the extent possible, the department should coordinate its
performance measure system with other natural resource-related agencies
as defined in RCW 43.41.270.
(4) The department shall consult with affected interest groups in
implementing this section.
(5) After January 1, 2010, any project designed to address the
restoration of Puget Sound may be funded under this chapter only if the
project is not in conflict with the action agenda developed by the
Puget Sound partnership under RCW 90.71.310.
Sec. 950 RCW 80.01.080 and 2006 c 3 s 2 are each amended to read
as follows:
There is created in the state treasury a public service revolving
fund. Regulatory fees payable by all types of public service companies
shall be deposited to the credit of the public service revolving fund.
Except for expenses payable out of the pipeline safety account, all
expense of operation of the Washington utilities and transportation
commission shall be payable out of the public service revolving fund.
During the ((2003-2005)) 2009-2011 fiscal biennium, the legislature
may transfer from the public service revolving fund to the state
general fund such amounts as reflect the excess fund balance of the
fund.
((Due to the extraordinarily high winter energy costs, during the
2005-2007 fiscal biennium, no more than seven million six hundred
thousand dollars, as appropriated in section 1, chapter 3, Laws of
2006, shall be payable out of the public service revolving fund to
provide energy assistance to customers in accordance with the
low-income energy assistance program.))
Sec. 951 RCW 80.36.430 and 2009 c 564 s 960 are each amended to
read as follows:
(1) The Washington telephone assistance program shall be funded by
a telephone assistance excise tax on all switched access lines and by
funds from any federal government or other programs for this purpose.
Switched access lines are defined in RCW 82.14B.020. The telephone
assistance excise tax shall be applied equally to all residential and
business access lines not to exceed fourteen cents per month. The
department shall submit an approved annual budget for the Washington
telephone assistance program to the department of revenue no later than
March 1st prior to the beginning of each fiscal year. The department
of revenue shall then determine the amount of telephone assistance
excise tax to be placed on each switched access line and shall inform
local exchange companies and the utilities and transportation
commission of this amount no later than May 1st. The department of
revenue shall determine the amount of telephone assistance excise tax
by dividing the total of the program budget funded by the telephone
assistance excise tax, as submitted by the department, by the total
number of switched access lines in the prior calendar year. The
telephone assistance excise tax shall be separately identified on each
ratepayer's bill as the "Washington telephone assistance program." All
money collected from the telephone assistance excise tax shall be
transferred to a telephone assistance fund administered by the
department.
(2) Local exchange companies shall bill the fund for their expenses
incurred in offering the telephone assistance program, including
administrative and program expenses. The department shall disburse the
money to the local exchange companies. The department is exempted from
having to conclude a contract with local exchange companies in order to
effect this reimbursement. The department shall recover its
administrative costs from the fund. The department may specify by rule
the range and extent of administrative and program expenses that will
be reimbursed to local exchange companies.
(3) The department shall enter into an agreement with the
department of ((community, trade, and economic development)) commerce
for an amount not to exceed eight percent of the prior fiscal year's
total revenue for the administrative and program expenses of providing
community service voice mail services. The community service voice
mail service may include toll-free lines in community action agencies
through which recipients can access their community service voice
mailboxes at no charge.
(4) During the 2009-2011 biennium, the department shall enter into
an agreement with the ((military department)) WIN 211 organization for
((one million dollars to)) operational support ((the WIN 211 program)).
Sec. 952 RCW 82.14.495 and 2009 c 4 s 907 are each amended to
read as follows:
(1) The streamlined sales and use tax mitigation account is created
in the state treasury. The state treasurer shall transfer into the
account from the general fund amounts as directed in RCW 82.14.500.
Expenditures from the account may be used only for the purpose of
mitigating the negative fiscal impacts to local taxing jurisdictions as
a result of RCW 82.14.490 and the chapter 6, Laws of 2007 amendments to
RCW 82.14.020. During the ((2007-2009)) 2009-2011 fiscal biennium, the
legislature may transfer from the streamlined sales and use tax
mitigation account to the state general fund such amounts as reflect
the excess fund balance of the account.
(2) Beginning July 1, 2008, the state treasurer, as directed by the
department, shall distribute the funds in the streamlined sales and use
tax mitigation account to local taxing jurisdictions in accordance with
RCW 82.14.500.
(3) The definitions in this subsection apply throughout this
section and RCW 82.14.390 and 82.14.500.
(a) "Agreement" means the same as in RCW 82.32.020.
(b) "Local taxing jurisdiction" means counties, cities,
transportation authorities under RCW 82.14.045, public facilities
districts under chapters 36.100 and 35.57 RCW, public transportation
benefit areas under RCW 82.14.440, and regional transit authorities
under chapter 81.112 RCW, that impose a sales and use tax.
(c) "Loss" or "losses" means the local sales and use tax revenue
reduction to a local taxing jurisdiction resulting from the sourcing
provisions in RCW 82.14.490 and the chapter 6, Laws of 2007 amendments
to RCW 82.14.020.
(d) "Net loss" or "net losses" means a loss offset by any voluntary
compliance revenue.
(e) "Voluntary compliance revenue" means the local sales tax
revenue gain to each local taxing jurisdiction reported to the
department from persons registering through the central registration
system authorized under the agreement.
(f) "Working day" has the same meaning as in RCW 82.45.180.
Sec. 953 RCW 83.100.230 and 2008 c 329 s 924 are each amended to
read as follows:
The education legacy trust account is created in the state
treasury. Money in the account may be spent only after appropriation.
Expenditures from the account may be used only for deposit into the
student achievement fund and for expanding access to higher education
through funding for new enrollments and financial aid, and other
educational improvement efforts. During the ((2007-2009)) 2009-2011
fiscal biennium, moneys in the account may also be transferred into the
state general fund.
NEW SECTION. Sec. 954 A new section is added to 2009 c 564
(uncodified) to read as follows:
JOINT LEGISLATIVE SELECT COMMITTEE ON HEALTH REFORM
IMPLEMENTATION.
The joint legislative select committee on health reform implementation
is established. The joint legislative select committee on health
reform implementation shall be co-chaired by the chairs of the health
committees of the senate and the house of representatives, and
leadership of the two largest caucuses in the senate and the house of
representatives shall each appoint two additional legislators to serve
on the committee. The co-chairs may direct the formation of advisory
committees, if desired, to focus on specific topic areas, such as
insurance regulation, access and expansion of public and private
programs, and workforce issues, and may invite interested stakeholders
and additional experts to advise the committee. All participation in
the joint select committee and any advisory committees is without
compensation.
This section expires June 30, 2011.
NEW SECTION. Sec. 955 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. 956 Section 910 of this act expires June 30,
2011.
NEW SECTION. Sec. 957 Section 935 of this act expires June 30,
2011.
NEW SECTION. Sec. 958 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.