ESHB 1087 -
By Representative Hunter
ADOPTED AS AMENDED 05/24/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) A budget is hereby adopted and, subject
to the provisions set forth in the following sections, the several
amounts specified in parts I through IX of this act, or so much thereof
as shall be sufficient to accomplish the purposes designated, are
hereby appropriated and authorized to be incurred for salaries, wages,
and other expenses of the agencies and offices of the state and for
other specified purposes for the fiscal biennium beginning July 1,
2011, and ending June 30, 2013, except as otherwise provided, out of
the several funds of the state hereinafter named.
(2) Unless the context clearly requires otherwise, the definitions
in this section apply throughout this act.
(a) "Fiscal year 2012" or "FY 2012" means the fiscal year ending
June 30, 2012.
(b) "Fiscal year 2013" or "FY 2013" means the fiscal year ending
June 30, 2013.
(c) "FTE" means full time equivalent.
(d) "Lapse" or "revert" means the amount shall return to an
unappropriated status.
(e) "Provided solely" means the specified amount may be spent only
for the specified purpose. Unless otherwise specifically authorized in
this act, any portion of an amount provided solely for a specified
purpose which is not expended subject to the specified conditions and
limitations to fulfill the specified purpose shall lapse.
NEW SECTION. Sec. 101 FOR THE HOUSE OF REPRESENTATIVES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $29,923,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $30,444,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,316,000
TOTAL APPROPRIATION . . . . . . . . . . . . $61,683,000
NEW SECTION. Sec. 102 FOR THE SENATE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $21,772,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $23,868,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,400,000
TOTAL APPROPRIATION . . . . . . . . . . . . $47,040,000
NEW SECTION. Sec. 103 FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW
COMMITTEE
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $2,680,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $2,741,000
Medical Aid Account--State Appropriation . . . . . . . . . . . . $85,000
Accident Account--State Appropriation . . . . . . . . . . . . $85,000
TOTAL APPROPRIATION . . . . . . . . . . . . $5,591,000
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 2011-13 work plan as necessary to
efficiently manage workload.
(2) 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 rates.
(3) Within the amounts appropriated in this section, the committee
shall conduct a review of marketing and vendor expenditures and
incentive payment programs at the state lottery commission to identify
cost savings and efficiencies to maximize contributions to
beneficiaries under this act. This review shall include examination of
the following:
(a) An analysis of marketing expenses and the impact on ticket
sales; the impact to sales of tickets from the change in lottery
beneficiaries; the competitive contracting processes for marketing
services and vendors and comparison to other states; identification of
whether there are duplicative or unproductive marketing activities; and
identification of whether savings may occur from changing vendors.
(b) A description of how the employee incentive payment program at
the state lottery commission operates, and comparison to best practices
for outcome-based performance payments.
(4) $85,000 of the medical aid account--state appropriation and
$85,000 of the accident account--state appropriation are provided
solely for the purposes of House Bill No. 2123 (workers' compensation).
If the bill is not enacted by June 30, 2011, the amounts provided in
this subsection shall lapse.
NEW SECTION. Sec. 104 FOR THE LEGISLATIVE EVALUATION AND
ACCOUNTABILITY PROGRAM COMMITTEE
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $2,027,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $2,193,000
TOTAL APPROPRIATION . . . . . . . . . . . . $4,220,000
NEW SECTION. Sec. 105 FOR THE OFFICE OF THE STATE ACTUARY
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $24,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $24,000
Department of Retirement Systems Expense
Account -- State Appropriation . . . . . . . . . . . . $3,344,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,392,000
The appropriations in this section are subject to the following
conditions and limitations: $75,000 of the department of retirement
services account--state appropriation is for the state actuary to study
the issue of merging the law enforcement officers' and fire fighters'
retirement system plans 1 and 2 into a single retirement plan. The
department of retirement systems shall assist the state actuary by
providing such information and advice as the state actuary requests,
and the state actuary may contract for services as needed to conduct
the study. The results of the study shall be reported to the ways and
means committees of the house of representatives and the senate by
December 15, 2011.
(1) Among the issues related to the merger of the law enforcement
officers' and fire fighters' retirement system plans 1 and 2 into a
single retirement plan that shall be examined:
(a) Changes to the assets available to pay for the benefits of each
plan before and after a merger based on a range of possible economic
and demographic experience; and
(b) Changes to the projected contributions that might be required
of members, employers, and the state based on a range of possible
economic and demographic experience and a variety of funding policies,
including both continued application of current funding policy to the
benefit obligations of each plan, and application of the law
enforcement officers' and fire fighters' retirement system plan 2
funding policies to the combined benefits of both plans;
(2) The state actuary shall solicit the input of the law
enforcement officers' and fire fighters' retirement system plan 2
retirement board and organizations representing members and retirees of
the law enforcement officers' and fire fighters' retirement system plan
1 on the issue of the merger of the two plans, and include
representative submissions of the input of the organizations along with
the report.
NEW SECTION. Sec. 106 FOR THE JOINT LEGISLATIVE SYSTEMS
COMMITTEE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $8,016,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $7,911,000
TOTAL APPROPRIATION . . . . . . . . . . . . $15,927,000
NEW SECTION. Sec. 107 FOR THE STATUTE LAW COMMITTEE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $4,249,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $4,691,000
TOTAL APPROPRIATION . . . . . . . . . . . . $8,940,000
NEW SECTION. Sec. 108 FOR THE REDISTRICTING COMMISSION
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,627,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $154,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,781,000
The appropriations in this section are subject to the following
conditions and limitations: $443,000 of the general fund--state
appropriation for fiscal year 2012 is provided solely for the support
of legislative redistricting efforts. The commission shall enter into
an interagency agreement with the house of representatives and the
senate for the expenditure of these funds.
NEW SECTION. Sec. 109 FOR THE SUPREME COURT
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $6,714,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $6,729,000
TOTAL APPROPRIATION . . . . . . . . . . . . $13,443,000
NEW SECTION. Sec. 110 FOR THE LAW LIBRARY
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,472,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,466,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,938,000
NEW SECTION. Sec. 111 FOR THE COURT OF APPEALS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $15,227,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $15,280,000
TOTAL APPROPRIATION . . . . . . . . . . . . $30,507,000
NEW SECTION. Sec. 112 FOR THE COMMISSION ON JUDICIAL CONDUCT
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,057,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $991,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,048,000
NEW SECTION. Sec. 113 FOR THE ADMINISTRATOR FOR THE COURTS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $50,619,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $50,174,000
General Fund--Federal Appropriation . . . . . . . . . . . . $1,551,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $248,000
Judicial Information Systems Account -- State
Appropriation . . . . . . . . . . . . $42,383,000
Judicial Stabilization Trust Account--State
Appropriation . . . . . . . . . . . . $5,414,000
TOTAL APPROPRIATION . . . . . . . . . . . . $150,389,000
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 2012 and $1,800,000 of the general fund--state appropriation for
fiscal year 2013 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 2012 and $8,253,000 of the general fund--state
appropriation for fiscal year 2013 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 and senate ways and means committees 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) $265,000 of the general fund--state appropriation for fiscal
year 2012 is provided solely for the office of public guardianship to
provide guardianship services for low-income incapacitated persons.
(5) $1,178,000 of the judicial information systems account--state
appropriation is provided solely for replacing computer equipment at
state courts and state judicial agencies.
(6) No later than September 30, 2011, the judicial information
systems committee shall provide a report to the legislature on the
recommendations of the case management feasibility study, including
plans for a replacement of the superior court management information
system (SCOMIS) and plans for completing the data exchange core system
component consistent with a complete data exchange standard. No later
than December 31, 2011, the judicial information systems committee
shall provide a report to the legislature on the status of the data
exchange, the procurement process for a SCOMIS replacement, and a case
management system that is designed to meet the requirements approved by
the superior courts and county clerks of all thirty-nine counties. The
legislature shall solicit input on both reports from judicial,
legislative, and executive stakeholders.
(7) In order to gather better data on juveniles in the criminal
justice system, the administrative office of the courts shall modify
the judgment and sentence form for juvenile and adult sentences to
include one or more check boxes indicating whether (a) the adult
superior court had original jurisdiction for a defendant who was
younger than eighteen years of age at the time the case was filed; (b)
the case was originally filed in juvenile court but transferred to
adult superior court jurisdiction; or (c) the case was originally filed
in adult superior court or transferred to adult superior court but then
returned to the juvenile court.
NEW SECTION. Sec. 114 FOR THE OFFICE OF PUBLIC DEFENSE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $25,027,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $24,966,000
Judicial Stabilization Trust Account--State
Appropriation . . . . . . . . . . . . $2,490,000
TOTAL APPROPRIATION . . . . . . . . . . . . $52,483,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The amounts provided include funding for expert and
investigative services in death penalty personal restraint petitions.
(2) By December 1, 2011, the office of public defense shall submit
to the appropriate policy and fiscal committees of the legislature a
proposal for office of public defense to assume the effective and
efficient administration of defense services for indigent persons
throughout the state who are involved in proceedings under chapter
71.09 RCW. In developing its proposal, the office of public defense
should consult with interested stakeholders, including the King county
public defender, the Washington defender association, the Washington
association of criminal defense lawyers, the administrative office of
the courts, the superior court judges association, the office of the
attorney general, the King county prosecuting attorney, the Washington
association of counties, and the department of social and health
services. At a minimum, the proposal should identify:
(a) Procedures to control costs and require accountability,
consistent with the state's obligation to ensure the right to counsel
under both the United States Constitution and the Washington
Constitution;
(b) Appropriate practice standards for trial-level defense of
indigent persons involved in proceedings under chapter 71.09 RCW, an
estimated number of attorneys statewide who are qualified to provide
such representation, and reasonable compensation for such defense
services;
(c) The total budget necessary to implement the proposal statewide
for fiscal year 2013, including administrative support; and
(d) Possible savings to the state and counties that might result
from implementing the proposal.
NEW SECTION. Sec. 115 FOR THE OFFICE OF CIVIL LEGAL AID
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $11,038,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $11,048,000
Judicial Stabilization Trust Account--State
Appropriation . . . . . . . . . . . . $1,093,000
TOTAL APPROPRIATION . . . . . . . . . . . . $23,179,000
The appropriations in this section are subject to the following
conditions and limitations: An amount not to exceed $40,000 of the
general fund--state appropriation for fiscal year 2012 and an amount
not to exceed $40,000 of the general fund--state appropriation for
fiscal year 2013 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.
NEW SECTION. Sec. 116 FOR THE OFFICE OF THE GOVERNOR
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $5,312,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $5,293,000
Economic Development Strategic Reserve Account--State
Appropriation . . . . . . . . . . . . $1,500,000
TOTAL APPROPRIATION . . . . . . . . . . . . $12,105,000
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.
(2) $547,000 of the general fund--state appropriation for fiscal
year 2012 and $547,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the office of the education
ombudsman.
NEW SECTION. Sec. 117 FOR THE LIEUTENANT GOVERNOR
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $687,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $698,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $90,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,475,000
NEW SECTION. Sec. 118 FOR THE PUBLIC DISCLOSURE COMMISSION
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $2,107,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $2,130,000
TOTAL APPROPRIATION . . . . . . . . . . . . $4,237,000
The appropriations in this section are subject to the following
conditions and limitations: $43,000 of the general fund--state
appropriation for fiscal year 2012 and $82,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the
implementation of Engrossed Substitute Senate Bill No. 5021 (election
campaign disclosure).
NEW SECTION. Sec. 119 FOR THE SECRETARY OF STATE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $16,710,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $14,135,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $7,338,000
Public Records Efficiency, Preservation, and Access
Account -- State Appropriation . . . . . . . . . . . . $7,943,000
Charitable Organization Education Account--State
Appropriation . . . . . . . . . . . . $452,000
Local Government Archives Account -- State
Appropriation . . . . . . . . . . . . $10,556,000
Election Account -- Federal Appropriation . . . . . . . . . . . . $17,288,000
Washington State Heritage Center Account--State
Appropriation . . . . . . . . . . . . $1,028,000
TOTAL APPROPRIATION . . . . . . . . . . . . $75,450,000
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 2012 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) $1,997,000 of the general fund -- state appropriation for
fiscal year 2012 and $2,076,000 of the general fund -- state
appropriation for fiscal year 2013 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 2011-2013 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) Any reductions to funding for the Washington talking book and
Braille library may not exceed in proportion any reductions taken to
the funding for the library as a whole.
NEW SECTION. Sec. 120 FOR THE GOVERNOR'S OFFICE OF INDIAN
AFFAIRS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $259,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $267,000
TOTAL APPROPRIATION . . . . . . . . . . . . $526,000
The appropriations in this section are subject to the following
conditions and limitations: The office shall assist the department of
enterprise services 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 enterprise services
shall be responsible for all of the administrative aspects of the
training, including the billing and collection of the fees for the
training.
NEW SECTION. Sec. 121 FOR THE COMMISSION ON ASIAN PACIFIC
AMERICAN AFFAIRS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $232,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $219,000
TOTAL APPROPRIATION . . . . . . . . . . . . $451,000
NEW SECTION. Sec. 122 FOR THE STATE TREASURER
State Treasurer's Service Account -- State
Appropriation . . . . . . . . . . . . $14,996,000
NEW SECTION. Sec. 123 FOR THE STATE AUDITOR
State Auditing Services Revolving Account -- State
Appropriation . . . . . . . . . . . . $10,293,000
Performance Audit of Government Account--State
Appropriation . . . . . . . . . . . . $1,348,000
TOTAL APPROPRIATION . . . . . . . . . . . . $11,641,000
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) $1,461,000 of the performance audits of government account
appropriation is 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) $224,000 of performance audits of state government account
appropriation is provided solely for the fraud ombudsman to review and
audit the fraud investigative work of the division of fraud
investigations of the department of social and health services.
NEW SECTION. Sec. 124 FOR THE CITIZENS' COMMISSION ON SALARIES
FOR ELECTED OFFICIALS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $158,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $195,000
TOTAL APPROPRIATION . . . . . . . . . . . . $353,000
NEW SECTION. Sec. 125 FOR THE ATTORNEY GENERAL
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $4,028,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $3,997,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $8,819,000
New Motor Vehicle Arbitration Account -- State
Appropriation . . . . . . . . . . . . $972,000
Legal Services Revolving Account -- State
Appropriation . . . . . . . . . . . . $206,635,000
Tobacco Prevention and Control Account -- State
Appropriation . . . . . . . . . . . . $270,000
Medicaid Fraud Penalty Account--State Appropriation . . . . . . . . . . . . $2,825,000
TOTAL APPROPRIATION . . . . . . . . . . . . $227,546,000
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 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.
(4) The attorney general shall enter into an interagency agreement
with the department of social and health services for expenditure of
the state's proceeds from the cy pres settlement in State of Washington
v. AstraZeneca (Seroquel) for the purposes set forth in sections 204
and 213 of this act.
(5) $62,000 of the legal services revolving fund--state
appropriation is provided solely to implement House Bill No. 1770
(state purchasing). If the bill is not enacted by June 30, 2011, the
amount provided in this subsection shall lapse.
(6) $5,924,000 of the legal services revolving account--state
appropriation is provided solely to implement House Bill No. 2123
(workers' compensation). If the bill is not enacted by June 30, 2011,
the amount provided in this subsection shall lapse.
(7) 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.
(8) $96,000 of the legal services revolving fund--state
appropriation is provided solely to implement Senate Bill No. 5076
(financial institutions). If the bill is not enacted by June 30, 2011,
the amount provided in this subsection shall lapse.
(9) $99,000 of the legal services revolving fund--state
appropriation is provided solely to implement Engrossed Second
Substitute Senate Bill No. 5769 (coal-fired generation). If the bill
is not enacted by June 30, 2011, the amount provided in this subsection
shall lapse.
(10) $416,000 of the legal services revolving fund--state
appropriation is provided solely to implement Substitute Senate Bill
No. 5801 (industrial insurance system). If the bill is not enacted by
June 30, 2011, the amount provided in this subsection shall lapse.
(11) $31,000 of the legal services revolving fund--state
appropriation is provided solely to implement Engrossed Substitute
Senate Bill No. 5021 (election campaign disclosure). If the bill is
not enacted by June 30, 2011, the amount provided in this subsection
shall lapse.
(12) The executive ethics board shall: (a) Develop a statewide
plan, with performance measures, to provide overall direction and
accountability in all executive branch agencies and statewide elected
offices; (b) coordinate and work with the commission on judicial
conduct and the legislative ethics board; (c) assess and evaluate each
agency's ethical culture through employee and stakeholder surveys,
review Washington state quality award feedback reports, and publish an
annual report on the results to the public; and (d) solicit outside
evaluations, studies, and recommendations for improvements from
academics, nonprofit organizations, the public disclosure commission,
or other entities with expertise in ethics, integrity, and the public
sector.
NEW SECTION. Sec. 126 FOR THE CASELOAD FORECAST COUNCIL
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,308,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,305,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,613,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The appropriations in this section include funding for
activities transferred from the sentencing guidelines commission to the
caseload forecast council pursuant to Engrossed Substitute Senate Bill
No. 5891 (criminal justice cost savings). Prior to the effective date
of Engrossed Substitute Senate Bill No. 5891, the appropriations in
this section may be expended for the continued operations and expenses
of the sentencing guidelines commission pursuant to the expenditure
authority schedule produced by the office of financial management in
accordance with chapter 43.88 RCW.
(2) $57,000 of the general fund--state appropriation for fiscal
year 2012 and $57,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the implementation of Senate
Bill No. 5304 (college bound scholarship).
NEW SECTION. Sec. 127 FOR THE DEPARTMENT OF COMMERCE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $57,271,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $72,479,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $282,218,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $4,998,000
Public Works Assistance Account -- State
Appropriation . . . . . . . . . . . . $2,767,000
Drinking Water Assistance Administrative
Account -- State Appropriation . . . . . . . . . . . . $437,000
Lead Paint Account -- State Appropriation . . . . . . . . . . . . $65,000
Building Code Council Account -- State Appropriation . . . . . . . . . . . . $13,000
Home Security Fund Account -- State Appropriation . . . . . . . . . . . . $16,655,000
Affordable Housing for All Account -- State
Appropriation . . . . . . . . . . . . $11,902,000
County Research Services Account--State Appropriation . . . . . . . . . . . . $1,081,000
Financial Fraud and Identity Theft Crimes Investigation
and Prosecution Account -- State Appropriation . . . . . . . . . . . . $1,166,000
Low-Income Weatherization Assistance Account -- State
Appropriation . . . . . . . . . . . . $5,778,000
City and Town Research Services Account--State
Appropriation . . . . . . . . . . . . $5,166,000
Manufacturing Innovation and Modernization
Account -- State Appropriation . . . . . . . . . . . . $61,000
Community and Economic Development Fee Account -- State
Appropriation . . . . . . . . . . . . $6,488,000
Washington Housing Trust Account -- State
Appropriation . . . . . . . . . . . . $17,503,000
Prostitution Prevention and Intervention Account--
State Appropriation . . . . . . . . . . . . $94,000
Public Facility Construction Loan Revolving
Account -- State Appropriation . . . . . . . . . . . . $755,000
Washington Community Technology Opportunity Account--
State Appropriation . . . . . . . . . . . . $713,000
TOTAL APPROPRIATION . . . . . . . . . . . . $487,610,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Repayments of outstanding mortgage and rental assistance
program loans administered by the department under RCW 43.63A.640 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.
(2) $500,000 of the general fund--state appropriation for fiscal
year 2012 and $500,000 of the general fund--state appropriation for
fiscal year 2013 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.
(3) $306,000 of the general fund--state appropriation for fiscal
year 2012 and $306,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for a grant to the retired senior
volunteer program.
(4) The department shall administer its growth management act
technical assistance so that smaller cities receive proportionately
more assistance than larger cities or counties.
(5) $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.
(6) $5,000,000 of the home security fund--state appropriation is
for the operation, repair, and staffing of shelters in the homeless
family shelter program.
(7) $198,000 of the general fund--state appropriation for fiscal
year 2012 and $198,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the Washington new Americans
program.
(8) $2,949,000 of the general fund--state appropriation for fiscal
year 2012 and $2,949,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for associate development
organizations.
(9) $127,000 of the general fund--federal appropriation is provided
solely for implementation of Substitute House Bill No. 1886
(Ruckelshaus center process). If the bill is not enacted by June 30,
2011, the amount provided in this subsection shall lapse.
(10) Up to $200,000 of the general fund--private/local
appropriation is for a grant to the Washington tourism alliance for the
maintenance of the Washington state tourism web site
www.experiencewa.com and its related sub-sites. The department may
transfer ownership of the web site and other tourism promotion assets
and assign obligations to the Washington tourism alliance for purposes
of tourism promotion throughout the state. The alliance may use the
assets only in a manner consistent with the purposes for which they
were created. Any revenue generated from these assets must be used by
the alliance for the sole purposes of statewide Washington tourism
promotion. The legislature finds that the Washington tourism alliance,
a not-for-profit, 501.c.6 organization established, funded, and
governed by Washington tourism industry stakeholders to sustain
destination tourism marketing across Washington, is an appropriate body
to receive funding and assets from and assume obligations of the
department for the purposes described in this section.
(11) The public works assistance account appropriation reflects
savings required by Substitute Senate Bill No. 5844 (local government
infrastructure), which requires the department to reduce expenditures
from the public works assistance account for central agency
administration for the 2011-2013 biennium.
(12) Within the appropriations in this section, specific funding is
provided to implement Substitute Senate Bill No. 5741 (economic
development commission).
(13) $2,000,000 of the community and economic development fee
account appropriation is provided solely for the department of commerce
for services to homeless families through the Washington families fund.
(14) $260,000 of the general fund--state appropriation for fiscal
year 2012 and $259,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the Washington asset building
coalitions.
(15) $1,859,000 of the general fund--state appropriation for fiscal
year 2012 and $1,859,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for innovative research teams,
also known as entrepreneurial STARS, at higher education research
institutions, and for entrepreneurs-in-residence programs at higher
education research institutions and entrepreneurial assistance
organizations. Of these amounts no more than $50,000 in fiscal year
2012 and no more than $50,000 in fiscal year 2013 may be provided for
the operation of entrepreneurs-in-residence programs at entrepreneurial
assistance organizations external to higher education research
institutions.
(16) Up to $700,000 of the general fund--private/local
appropriation is for pass-through grants to cities in central Puget
Sound to plan for transfer of development rights receiving areas under
the central Puget Sound regional transfer of development rights
program.
(17) $16,000 of the general fund--state appropriation for fiscal
year 2012 is provided solely to implement section 503 of Substitute
House Bill No. 1277 (licensed settings for vulnerable adults). The
long-term care ombudsman shall convene an adult family home quality
assurance panel to review problems concerning the quality of care for
residents in adult family homes. If Substitute House Bill No. 1277
(licensed settings for vulnerable adults) is not enacted by June 30,
2011, the amount provided in this subsection shall lapse.
(18) $24,605,000 of the general fund--state appropriation for
fiscal year 2012 and $39,527,000 of the general fund--state
appropriation for fiscal year 2013 are provided solely for
establishment of the essential needs and housing support program
created in Engrossed Substitute House Bill No. 2082 (essential needs
and assistance program). The department of commerce shall contract for
these services with counties or community-based organizations involved
in providing essential needs and housing supports to low-income persons
who meet eligibility pursuant to Engrossed Substitute House Bill No.
2082. The department shall limit the funding used for administration
of the program to no more than five percent. Counties and community
providers shall limit the funding used for administration of the
program to no more than seven percent.
(a) Of the amounts provided in this subsection, $4,000,000 is
provided solely for essential needs to clients who meet the eligibility
established in Engrossed Substitute House Bill No. 2082. Counties and
community-based organizations shall distribute basic essential products
in a manner that prevents abuse. To the greatest extent possible, the
counties or community-based organizations shall leverage local or
private funds, and volunteer support to acquire and distribute the
basic essential products.
(b) Of the amounts provided in this subsection, $30,000,000 is
provided solely for housing support services to individuals who are
homeless and eligible for services under this program pursuant to
Engrossed Substitute House Bill No. 2082.
(c) Of the amounts provided in this subsection, $30,000,000 is
provided solely as a contingency fund to provide housing support
services for individuals who may become homeless and are otherwise
eligible for this program pursuant to Engrossed Substitute House Bill
No. 2082.
NEW SECTION. Sec. 128 FOR THE ECONOMIC AND REVENUE FORECAST
COUNCIL
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $674,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $728,000
Lottery Administrative Account--State Appropriation . . . . . . . . . . . . $50,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,452,000
NEW SECTION. Sec. 129 FOR THE OFFICE OF FINANCIAL MANAGEMENT
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $18,688,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $18,547,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $31,534,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,270,000
Performance Audits of Government Account --
State Appropriation . . . . . . . . . . . . $25,000
Economic Development Strategic Reserve Account--
State Appropriation . . . . . . . . . . . . $280,000
Department of Personnel Services--State Appropriation . . . . . . . . . . . . $9,111,000
Data Processing Revolving Account--State
Appropriation . . . . . . . . . . . . $5,208,000
Higher Education Personnel Services Account--State
Appropriation . . . . . . . . . . . . $1,581,000
Aquatic Lands Enhancement Account--State Appropriation . . . . . . . . . . . . $100,000
TOTAL APPROPRIATION . . . . . . . . . . . . $86,344,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,210,000 of the general fund--state appropriation for fiscal
year 2012 and $1,210,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for implementation of House Bill
No. 1178 (regulatory assistance office). If the bill is not enacted by
June 30, 2011, the amounts provided in this subsection shall lapse.
(2) $150,000 of the general fund--state appropriation for fiscal
year 2012 is provided solely for the office of financial management to
contract with an independent consultant to evaluate and recommend the
most cost-effective provision of services required to support the
department of social and health services special commitment center on
McNeil Island. The evaluation shall include island operation services
that include, but are not limited to: (a) Marine transport of
passengers and goods; (b) wastewater treatment; (c) fire protection and
suppression; (d) electrical supply; (e) water supply; and (f) road
maintenance.
The office of financial management shall solicit the input of
Pierce county, the department of corrections, and the department of
social and health services in developing the request for proposal,
evaluating applications, and directing the evaluation. The consultant
shall report to the governor and legislature by November 15, 2011.
(3) $100,000 of the aquatic lands enhancement account--state
appropriation is provided solely for the office of financial management
to prepare a report to be used to initiate a comprehensive, long-range
planning process for the future of McNeil Island during the 2013-2015
fiscal biennium.
(a) The report on the initiation of the process must document:
(i) Ownership issues, including consultation with the federal
government about its current legal requirements associated with the
island;
(ii) Federal and state decision-making processes to change use or
ownership;
(iii) Tribal treaty interests;
(iv) Fish and wildlife species and their habitats;
(v) Land use and public safety needs;
(vi) Recreational opportunities for the general public;
(vii) Historic and archaeological resources; and
(viii) Revenue from and necessary to support potential future uses
of the island.
(b) The report shall develop and recommend a comprehensive, long-range planning process for the future of the island and associated
aquatic resources, addressing the items in (a) of this subsection.
(c) The office of financial management may use its own staff and
other public agency and tribal staff or contract for services, and may
create a work group of knowledgeable agencies, organizations, and
individuals to assist in preparing the report.
(d) The office of financial management shall engage in broad
consultation with interested parties, including, but not limited to:
(i) Federal agencies with relevant responsibilities;
(ii) Tribal governments;
(iii) State agencies;
(iv) Local governments and communities in the area, including the
Anderson Island community, Steilacoom, and Pierce county; and
(v) Interested private organizations and individuals.
(e) The report must be submitted to the governor and appropriate
committees of the legislature by October 1, 2012.
(4) As part of negotiations for labor contracts for the 2013-2015
fiscal biennium, the office of labor relations shall propose to the
bargaining representatives for state employees the authorization to
collect employee health care premiums on a sliding scale based on the
employee's salary.
(5) Funding provided in this section is sufficient for the office
of financial management to conduct an impact and feasibility study to
review possible implications of a direct deposit mandate for state
employees. This mandate would require that state employees receive
their paychecks through direct deposit. The impact and feasibility
study will consider the potential impact on employees and potential
liabilities for employers and include a recommendation as to whether
the state should implement a direct deposit mandate. The study shall
be due to the fiscal committees of the legislature by December 1, 2011.
(6) Funding provided in this section is sufficient for the office
of financial management to conduct a feasibility study on the potential
impacts of a system that would allow digital signatures to serve as
valid employee signatures for the purpose of employment activities. In
conducting this study, the office of financial management should assume
that this system would be available to all state employees. The study
must consider cost and other impacts to the state, including potential
liabilities. The study shall be due to the fiscal committees of the
legislature by December 1, 2011.
(7) The appropriations in this section include funding for
activities transferred from the sentencing guidelines commission to the
office of financial management pursuant to Engrossed Substitute Senate
Bill No. 5891 (criminal justice cost savings). Prior to the effective
date of Engrossed Substitute Senate Bill No. 5891, the appropriations
in this section may be expended for the continued operations and
expenses of the sentencing guidelines commission pursuant to the
expenditure authority schedule produced by the office of financial
management in accordance with chapter 43.88 RCW.
(8) $50,000 of the general fund--state appropriation for fiscal
year 2012 and $50,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the office of financial
management to contract with the Washington state quality award for
training, outreach, and assessments for public agencies and public
agency vendors.
(9) The government management and accountability performance
program will develop by October 1, 2011, in coordination with the
Washington state quality award, a plan for all agencies to complete a
Washington state quality award or baldrige full assessment by June 30,
2013. The plan must also include a schedule for agencies to complete
an assessment at least every three years, and for agencies to attain a
score of 60 percent by 2020.
(10) The priorities of government program must include in their
report the Washington state quality award assessment score for
agencies, as defined in chapter 384, Laws of 2005 (HB 1970), in its
performance measures for implementing the quality management,
accountability and performance system.
NEW SECTION. Sec. 130 FOR THE OFFICE OF ADMINISTRATIVE HEARINGS
Administrative Hearings Revolving Account -- State
Appropriation . . . . . . . . . . . . $34,040,000
The appropriation in this section is subject to the following
conditions and limitations: $769,000 of the administrative hearings
revolving account--state appropriation is provided solely to implement
Engrossed Substitute Senate Bill No. 5921 (social services programs).
If the bill is not enacted by June 30, 2011, the amount provided in
this subsection shall lapse.
NEW SECTION. Sec. 131 FOR THE WASHINGTON STATE LOTTERY
Lottery Administrative Account -- State
Appropriation . . . . . . . . . . . . $25,694,000
NEW SECTION. Sec. 132 FOR THE COMMISSION ON HISPANIC AFFAIRS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $246,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $250,000
TOTAL APPROPRIATION . . . . . . . . . . . . $496,000
NEW SECTION. Sec. 133 FOR THE COMMISSION ON AFRICAN-AMERICAN
AFFAIRS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $239,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $238,000
TOTAL APPROPRIATION . . . . . . . . . . . . $477,000
NEW SECTION. Sec. 134 FOR THE DEPARTMENT OF RETIREMENT
SYSTEMS--OPERATIONS
Department of Retirement Systems Expense
Account -- State Appropriation . . . . . . . . . . . . $47,057,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $146,000 of the department of retirement systems--state
appropriation is provided solely for the administrative costs
associated with implementation of House Bill No. 2070 (state and local
government employees). If the bill is not enacted by June 30, 2011,
the amount provided in this subsection shall lapse.
(2) $65,000 of the department of retirement systems--state
appropriation is provided solely for the administrative costs
associated with implementation of House Bill No. 1625 (plan 3 default
investment option). If the bill is not enacted by June 30, 2011, the
amount provided in this subsection shall lapse.
(3) $133,000 of the department of retirement systems--state
appropriation is provided solely for the administrative costs
associated with implementation of Engrossed House Bill No. 1981 as
amended (post-retirement employment). If the bill is not enacted by
June 30, 2011, the amount provided in this subsection shall lapse.
(4) $44,000 of the department of retirement systems--state
appropriation is provided solely for the administrative costs
associated with implementation of Substitute Senate Bill No. 5846
(retired public employees). If the bill is not enacted by June 30,
2011, the amount provided in this subsection shall lapse.
(5) $15,000 of the department of retirement systems expense
account--state appropriation is provided solely for the administrative
costs associated with implementation of Substitute House Bill No. 2021
(plan 1 annual increase amounts). If the bill is not enacted by June
30, 2011, the amount provided in this section shall lapse.
NEW SECTION. Sec. 135 FOR THE DEPARTMENT OF REVENUE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $104,380,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $104,232,000
Timber Tax Distribution Account -- State Appropriation . . . . . . . . . . . . $5,940,000
Waste Reduction/Recycling/Litter Control -- State
Appropriation . . . . . . . . . . . . $129,000
Waste Tire Removal Account -- State Appropriation . . . . . . . . . . . . $2,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $87,000
Oil Spill Prevention Account -- State Appropriation . . . . . . . . . . . . $19,000
Master License Fund--State Appropriation . . . . . . . . . . . . $14,012,000
Vehicle License Fraud Account--State Appropriation . . . . . . . . . . . . $5,000
Performance Audits of Government Account--State
Appropriation . . . . . . . . . . . . $3,188,000
TOTAL APPROPRIATION . . . . . . . . . . . . $231,994,000
NEW SECTION. Sec. 136 FOR THE STATE INVESTMENT BOARD
State Investment Board Expense Account -- State
Appropriation . . . . . . . . . . . . $29,256,000
NEW SECTION. Sec. 137 FOR THE BOARD OF TAX APPEALS
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $1,241,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,219,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,460,000
NEW SECTION. Sec. 138 FOR THE OFFICE OF MINORITY AND WOMEN'S
BUSINESS ENTERPRISES
OMWBE Enterprises Account -- State Appropriation . . . . . . . . . . . . $3,266,000
NEW SECTION. Sec. 139 FOR THE CONSOLIDATED TECHNOLOGY SERVICES
AGENCY
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $3,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $4,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $356,000
Data Processing Revolving Account -- State
Appropriation . . . . . . . . . . . . $53,000
TOTAL APPROPRIATION . . . . . . . . . . . . $416,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The appropriations in this section are for the operations and
expenses of the consolidated technology services agency as established
by Engrossed Substitute Senate Bill No. 5931 (central service functions
of state government), effective October 1, 2011. Prior to October 1,
2011, the appropriations in this section may be expended for the
continued operations and expenses of the department of information
services pursuant to the expenditure authority schedules produced by
the office of financial management in accordance with chapter 43.88
RCW.
(2) The appropriations in this section fund implementation of
Senate Bill No. 5931 (streamlining central service functions).
(3) $26,794,000 from the data processing revolving account
appropriation may be expended to design and install the network and
other necessary equipment to operate a consolidated state data center.
Before expending any funds from this account for equipping and
operating the data center, the following conditions must be met:
(a) The office of the chief information officer shall be
established and a chief information officer appointed as directed under
Engrossed Substitute Senate Bill No. 5931 (information technology
management);
(b) Technical standards for agencies to adopt shared services
consistent with the consolidated data center have been developed and
approved by the chief information officer;
(c) Labor provisions and contracting and purchasing authority have
been implemented consistent with Engrossed Substitute Senate Bill No.
5931 (information technology management); and
(d) The consolidated technology services agency has developed a
rate model that provides competitive rates for agencies that use the
state data center. If necessary, the consolidated technology services
agency shall identify options with input from various stakeholders to
offset the fixed costs of operating the data center to allow for
competitive rates to be charged to agencies, including, but not limited
to, considering the agency competitively selecting a vendor to design,
install, and operate the consolidated data center.
(4) Once the conditions in subsection (1) of this section have been
met and approved by the office of financial management and the chief
information officer, the chief information officer and the consolidated
technology services agency shall submit to the appropriate committees
of the legislature a detailed technical, financial, and logistical
implementation plan for operation of the consolidated data center.
NEW SECTION. Sec. 140 FOR THE INSURANCE COMMISSIONER
General Fund -- Federal Appropriation . . . . . . . . . . . . $4,452,000
Insurance Commissioners Regulatory Account -- State
Appropriation . . . . . . . . . . . . $47,509,000
TOTAL APPROPRIATION . . . . . . . . . . . . $51,961,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $75,000 of the insurance commissioner's regulatory
account--state appropriation is provided solely for the implementation
of Substitute Senate Bill No. 5445 (health benefit exchange).
(2) $42,000 of the insurance commissioner's regulatory
account--state appropriation is provided solely for the implementation
of Senate Bill No. 5213 (insurance statutes).
NEW SECTION. Sec. 141 FOR THE BOARD OF ACCOUNTANCY
Certified Public Accountants' Account -- State
Appropriation . . . . . . . . . . . . $2,810,000
NEW SECTION. Sec. 142 FOR THE FORENSIC INVESTIGATION COUNCIL
Death Investigations Account--State Appropriation . . . . . . . . . . . . $286,000
The appropriation in this section is subject to the following
conditions and limitations: $250,000 of the death investigations
account appropriation is provided solely for providing financial
assistance to local jurisdictions in multiple death investigations.
The forensic investigation council shall develop criteria for awarding
these funds for multiple death investigations involving an
unanticipated, extraordinary, and catastrophic event or those involving
multiple jurisdictions.
NEW SECTION. Sec. 143 FOR THE HORSE RACING COMMISSION
Horse Racing Commission Operating Account -- State
Appropriation . . . . . . . . . . . . $4,040,000
NEW SECTION. Sec. 144 FOR THE LIQUOR CONTROL BOARD
Liquor Control Board Construction and Maintenance
Account -- State Appropriation . . . . . . . . . . . . $10,081,000
Liquor Revolving Account -- State Appropriation . . . . . . . . . . . . $176,646,000
General Fund--Federal Appropriation . . . . . . . . . . . . $120,000
TOTAL APPROPRIATION . . . . . . . . . . . . $186,847,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $198,000 of the liquor revolving account--state appropriation
is provided solely for the implementation of Senate Bill No. 5916 or
House Bill No. 2043 (liquor related products). If neither bill is
enacted by June 30, 2011, the amount provided in this section shall
lapse.
(2) $82,000 of the liquor revolving account--state appropriation is
provided solely for the implementation of Senate Bill No. 5917 or House
Bill No. 2043 (co-located contract stores). If neither bill is enacted
by June 30, 2011, the amount provided in this section shall lapse.
NEW SECTION. Sec. 145 FOR THE UTILITIES AND TRANSPORTATION
COMMISSION
General Fund--Federal Appropriation . . . . . . . . . . . . $502,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $11,175,000
Public Service Revolving Account -- State
Appropriation . . . . . . . . . . . . $30,990,000
Pipeline Safety Account -- State Appropriation . . . . . . . . . . . . $3,201,000
Pipeline Safety Account -- Federal Appropriation . . . . . . . . . . . . $2,848,000
TOTAL APPROPRIATION . . . . . . . . . . . . $48,716,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) In accordance with RCW 80.36.610(1), the utilities and
transportation commission is authorized to establish federal
telecommunications act services fees in fiscal year 2012 as necessary
to meet the actual costs of conducting business and the appropriation
levels in this section.
(2) $15,000 of the pipeline safety account--state appropriation is
provided solely for the implementation of Engrossed Second Substitute
House Bill No. 1634 (underground utilities).
(3) $182,000 of the public service revolving account--state
appropriation is provided solely for the implementation of Engrossed
Second Substitute Senate Bill No. 5769 (coal-fired generation).
(4) $169,000 of the public service revolving account--state
appropriation is provided solely for the implementation of Second
Substitute Senate Bill No. 5034 (private infrastructure).
NEW SECTION. Sec. 146 FOR THE MILITARY DEPARTMENT
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $8,010,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $8,001,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $159,181,000
Enhanced 911 Account -- State Appropriation . . . . . . . . . . . . $46,556,000
Disaster Response Account -- State Appropriation . . . . . . . . . . . . $17,933,000
Disaster Response Account -- Federal Appropriation . . . . . . . . . . . . $66,266,000
Military Department Rent and Lease Account -- State
Appropriation . . . . . . . . . . . . $615,000
Worker and Community Right-to-Know Account -- State
Appropriation . . . . . . . . . . . . $2,165,000
TOTAL APPROPRIATION . . . . . . . . . . . . $308,727,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $18,018,000 of the disaster response account -- state
appropriation and $66,266,000 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 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 2011-2013
biennium based on current revenue and expenditure patterns.
(2) $75,000,000 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 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.
NEW SECTION. Sec. 147 FOR THE BOARD FOR VOLUNTEER FIREFIGHTERS
Volunteer Firefighters' and Reserve Officers'
Administrative Account -- State Appropriation . . . . . . . . . . . . $1,064,000
NEW SECTION. Sec. 148 FOR THE PUBLIC EMPLOYMENT RELATIONS
COMMISSION
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $2,347,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $2,402,000
Higher Education Personnel Services Account--State
Appropriation . . . . . . . . . . . . $251,000
Department of Personnel Service Account -- State
Appropriation . . . . . . . . . . . . $3,309,000
TOTAL APPROPRIATION . . . . . . . . . . . . $8,309,000
NEW SECTION. Sec. 149 FOR THE DEPARTMENT OF ARCHAEOLOGY AND
HISTORIC PRESERVATION
Washington State Heritage Center Account--State
Appropriation . . . . . . . . . . . . $2,517,000
General Fund--Federal Appropriation . . . . . . . . . . . . $1,908,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $14,000
TOTAL APPROPRIATION . . . . . . . . . . . . $4,439,000
NEW SECTION. Sec. 150 FOR THE DEPARTMENT OF ENTERPRISE SERVICES
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $4,052,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $4,047,000
General Fund--Federal Appropriation . . . . . . . . . . . . $177,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $368,000
Building Code Council Account--State Appropriation . . . . . . . . . . . . $1,185,000
Department of Personnel Service Account--State
Appropriation . . . . . . . . . . . . $9,511,000
General Administration Service Account--State
Appropriation . . . . . . . . . . . . $26,524,000
TOTAL APPROPRIATION . . . . . . . . . . . . $45,864,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The appropriations in this section are for the operations and
expenses of the department of enterprise services as established by
Engrossed Substitute Senate Bill No. 5931 (central service functions of
state government), effective October 1, 2011. Prior to October 1,
2011, the appropriations in this section may be expended for the
continued operations and expenses of the office of financial
management, the department of general administration, the department of
information services, and the department of personnel, pursuant to the
expenditure authority schedules produced by the office of financial
management, in accordance with chapter 43.88 RCW.
(2) $3,090,000 of the general fund--state appropriation for fiscal
year 2012 and $3,090,000 of the general fund--state appropriation for
fiscal year 2013 are 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 maintain an interagency agreement with these agencies
to establish performance standards, prioritization of preservation and
capital improvement projects, and quality assurance provisions for the
delivery of services under this subsection. The legislative agencies
named in this subsection shall continue to enjoy all of the same rights
of occupancy and space use on the capitol campus as historically
established.
(3) In accordance with RCW 46.08.172 and 43.135.055, the department
is authorized to increase parking fees in fiscal years 2012 and 2013 as
necessary to meet the actual costs of conducting business.
(4) The building code council account appropriation is provided
solely for the operation of the state building code council as required
by statute and modified by the standards established by executive order
10-06. The council shall not consider any proposed code amendment or
take any other action not authorized by statute or in compliance with
the standards established in executive order 10-06. No member of the
council may receive compensation, per diem, or reimbursement for
activities other than physical attendance at those meetings of the
state building code council or the council's designated committees, at
which the opportunity for public comment is provided generally and on
all agenda items upon which the council proposes to take action.
(5) Specific funding is provided for the purposes of section 3 of
House Bill No. 1770 (state purchasing).
(6) The amounts appropriated in this section are for implementation
of Senate Bill No. 5931 (streamlining central service functions).
NEW SECTION. Sec. 151 FOR INNOVATE WASHINGTON
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $2,999,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $3,011,000
TOTAL APPROPRIATION . . . . . . . . . . . . $6,010,000
NEW SECTION. Sec. 201 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES
(1) 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. 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 health care authority and the department are 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 health care
authority and the department may combine and transfer such medicaid
funds appropriated under sections 204, 206, 208, and 213 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
2011-2013 fiscal biennium. The amount of funding assigned 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, times the number of clients
enrolled. In implementing the WMIP, the health care authority and 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 enrolled individuals; 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 health care authority and 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.
(4) 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.
(5) By October 1, 2011, the department shall compile and submit to
the department of health data regarding food procurement costs for
fiscal year 2011 regarding meals and other food for both residential
and nonresidential clients, including the percentage of food purchased
from Washington sources. The data shall be reported by setting and
population, including costs per client, and be accompanied by the
department's current food purchasing policies and standards.
(6) The department shall to the maximum extent practicable use the
same system for delivery of spoken-language interpreter services for
social services appointments as the one established for medical
appointments in section 213 of this act. When contracting directly
with an individual to deliver spoken language interpreter services, the
department shall only contract with language access providers who are
working at a location in the state and who are state-certified or
state-authorized, except that when such a provider is not available,
the department may use a language access provider who meets other
certifications or standards deemed to meet state standards, including
interpreters in other states.
NEW SECTION. Sec. 202 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- CHILDREN AND FAMILY SERVICES PROGRAM
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $301,565,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $302,895,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $473,030,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,358,000
Home Security Fund--State Appropriation . . . . . . . . . . . . $10,741,000
Domestic Violence Prevention Account--State
Appropriation . . . . . . . . . . . . $1,154,000
Education Legacy Trust Account--State Appropriation . . . . . . . . . . . . $725,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,091,468,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) 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.
(2) $668,000 of the general fund--state appropriation for fiscal
year 2012 and $668,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely to contract for the operation of
one pediatric interim care center. The center shall provide
residential care for up to thirteen children through two years of age.
Seventy-five percent of the children served by the center must be in
need of special care as a result of substance abuse by their mothers.
The center shall also provide on-site training to biological, adoptive,
or foster parents. The center shall provide at least three months of
consultation and support to the parents accepting placement of children
from the center. The center may recruit new and current foster and
adoptive parents for infants served by the center. The department
shall not require case management as a condition of the contract. The
department shall collaborate with the pediatric interim care center to
determine if and how the center could be appropriately incorporated
into the performance-based contract model and report its findings to
the legislature by December 1, 2012.
(3)(a) $85,114,000 of the general fund--state appropriation for
fiscal year 2012, $85,409,000 of the general fund--state appropriation
for fiscal year 2013, and $79,166,000 of the general fund--federal
appropriation are provided solely for services for children and
families subject to RCW 74.13.360 and House Bill No. 2122 (child
welfare). Prior to approval of contract services pursuant to RCW
74.13.360 and House Bill No. 2122, the amounts provided in this section
shall be allotted on a monthly basis and expenditures shall not exceed
allotments based on a three month rolling average without approval of
the office of financial management following notification to the
legislative fiscal committees.
(b) The department shall use performance-based contracts to provide
services to safely reduce the number of children in out-of-home care,
safely reduce the time spent in out-of-home care prior to achieving
permanency, and safely reduce the number of children returning to
out-of-home care following permanency. The department shall provide an
initial report to the legislature and the governor by January 15, 2012,
regarding the start-up costs associated with performance-based
contracts under RCW 74.13.360 and House Bill No. 2122 (child welfare).
(4) $176,000 of the general fund--state appropriation for fiscal
year 2012, $177,000 of the general fund--state appropriation for fiscal
year 2013, $656,000 of the general fund--private/local appropriation,
$253,000 of the general fund--federal appropriation, and $725,000 of
the education legacy trust account--state appropriation are provided
solely for children's administration to contract with an educational
advocacy provider with expertise in foster care educational outreach.
The amounts in this subsection are provided solely for contracted
education coordinators to assist foster children in succeeding in K-12
and higher education systems and to assure a focus on education during
the transition to performance based contracts. 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.
(5) $670,000 of the general fund--state appropriation for fiscal
year 2012 and $670,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for services provided through
children's advocacy centers.
(6) 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.
(7) $10,741,000 of the home security fund--state appropriation is
provided solely for the department to contract for services pursuant to
RCW 13.32A.030 and 74.15.220. The department shall contract and
collaborate with service providers in a manner that maintains the
availability and geographic representation of secure and semi-secure
crisis residential centers and HOPE centers. To achieve efficiencies
and increase utilization, the department shall allow the co-location of
these centers, except that a youth may not be placed in a secure
facility or the secure portion of a co-located facility except as
specifically authorized by chapter 13.32A RCW. The reductions to
appropriations in this subsection related to semi-secure crisis
residential centers reflect a reduction to the number of beds for semi-secure crisis residential centers and not a reduction in rates. Any
secure crisis residential center or semi-secure crisis residential
center bed reduction shall not be based solely upon bed utilization.
The department is to exercise its discretion in reducing the number of
beds but to do so in a manner that maintains availability and
geographic representation of semi-secure and secure crisis residential
centers.
(8) The department shall convene a workgroup to develop a
methodology for calculating savings associated with reductions in
foster care caseloads that may be made available for reinvestment into
evidence-based prevention and other intervention services designed to
prevent the need for or reduce the duration of foster care placements.
The workgroup membership shall include, at a minimum, the department,
office of financial management, caseload forecast council, Partners for
our Children, and legislative fiscal committee staff. The workgroup
shall obtain input from experts who have provided consultation in the
implementation of performance-based contracting under RCW 74.13.360.
The workgroup shall evaluate necessary data, define and establish a
baseline level of foster care caseloads or spending to use in
calculating savings, and develop a methodology for calculating and
distributing savings. The department shall submit a report to the
governor and relevant fiscal and policy committees of the legislature
by November 15, 2011.
(9) $47,000 of the general fund--state appropriation for fiscal
year 2012, $14,000 of the general fund--state appropriation for fiscal
year 2013, and $40,000 of the general fund--federal appropriation are
provided solely to implement Substitute House Bill No. 1697 (dependency
system). If the bill is not enacted by June 30, 2011, the amounts
provided in this subsection shall lapse.
(10) $564,000 of the general fund--federal appropriation is
provided solely to implement Second Substitute House Bill No. 1128
(extended foster care). If the bill is not enacted by June 30, 2011,
the amount provided in this subsection shall lapse.
(11) 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.
NEW SECTION. Sec. 203 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- JUVENILE REHABILITATION PROGRAM
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $87,025,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $86,803,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $702,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,903,000
Washington Auto Theft Prevention Authority Account--
State Appropriation . . . . . . . . . . . . $196,000
Juvenile Accountability Incentive Account -- Federal
Appropriation . . . . . . . . . . . . $2,801,000
TOTAL APPROPRIATION . . . . . . . . . . . . $179,430,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $331,000 of the general fund--state appropriation for fiscal
year 2012 and $331,000 of the general fund--state appropriation for
fiscal year 2013 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) $2,716,000 of the general fund--state appropriation for fiscal
year 2012 and $2,716,000 of the general fund--state appropriation for
fiscal year 2013 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) $3,482,000 of the general fund--state appropriation for fiscal
year 2012 and $3,482,000 of the general fund--state appropriation for
fiscal year 2013 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) $1,130,000 of the general fund--state appropriation for fiscal
year 2012 and $1,130,000 of the general fund--state appropriation for
fiscal year 2013 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) $3,123,000 of the general fund--state appropriation for fiscal
year 2012 and $3,123,000 of the general fund--state appropriation for
fiscal year 2013 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) $1,537,000 of the general fund--state appropriation for fiscal
year 2012 and $1,537,000 of the general fund--state appropriation for
fiscal year 2013 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, or other programs
with a positive benefit-cost finding in the institute's report. 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) 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.
(b) The juvenile rehabilitation administration shall phase the
implementation of the formula provided in subsection (1) of this
section by including a stop-loss formula of five percent in fiscal year
2012 and five percent in fiscal year 2013.
(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.
(8) The juvenile courts and administrative office of the courts
shall collect and distribute information related to program outcome and
provide access to these data systems to the juvenile rehabilitation
administration and Washington state institute for public policy.
Consistent with chapter 13.50 RCW, all confidentiality agreements
necessary to implement this information-sharing shall be approved
within 30 days of the effective date of this section. The agreements
between administrative office of the courts, the juvenile courts, and
the juvenile rehabilitation administration shall be executed to ensure
that the juvenile rehabilitation administration receives the data that
the juvenile rehabilitation administration identifies as needed to
comply with this subsection. This includes, but is not limited to,
information by program at the statewide aggregate level, individual
court level, and individual client level for the purpose of the
juvenile rehabilitation administration providing quality assurance and
oversight for the locally committed youth block grant and associated
funds and at times as specified by the juvenile rehabilitation
administration as necessary to carry out these functions. The data
shall be provided in a manner that reflects the collaborative work the
juvenile rehabilitation administration and juvenile courts have
developed regarding program outcomes that reinforce the greatest cost
benefit to the state in the implementation of evidence-based practices
and disposition alternatives.
NEW SECTION. Sec. 204 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- MENTAL HEALTH PROGRAM
(1) COMMUNITY SERVICES/REGIONAL SUPPORT NETWORKS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $322,704,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $327,615,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $456,691,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $17,604,000
Hospital Safety Net Assessment Fund--State
Appropriation . . . . . . . . . . . . $6,802,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,131,416,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) $109,342,000 of the general fund--state appropriation for
fiscal year 2012 and $109,341,000 of the general fund--state
appropriation for fiscal year 2013 are provided solely for persons and
services not covered by the medicaid program. This is a reduction of
$4,348,000 each fiscal year from the nonmedicaid funding that was
allocated for expenditure by regional support networks during fiscal
year 2011 prior to supplemental budget reductions. This $4,348,000
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) $6,590,000 of the general fund--state appropriation for fiscal
year 2012, $6,590,000 of the general fund--state appropriation for
fiscal year 2013, and $7,620,000 of the general fund--federal
appropriation are provided solely for the department and regional
support networks to continue to contract for implementation of high-intensity programs for assertive community treatment (PACT) teams. In
determining the proportion of medicaid and nonmedicaid funding provided
to regional support networks with PACT teams, the department shall
consider the differences between regional support networks in the
percentages of services and other costs associated with the teams that
are not reimbursable under medicaid. The department may allow regional
support networks which have nonmedicaid reimbursable costs that are
higher than the nonmedicaid allocation they receive under this section
to supplement these funds with local dollars or funds received under
section 204(1)(a) of this act. The department and regional support
networks shall maintain consistency with all essential elements of the
PACT evidence-based practice model in programs funded under this
section.
(c) $5,850,000 of the general fund--state appropriation for fiscal
year 2012, $5,850,000 of the general fund--state appropriation for
fiscal year 2013, and $1,300,000 of the general fund--federal
appropriation 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 previously 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 557 per day.
(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.
(f) $4,582,000 of the general fund--state appropriation for fiscal
year 2012 and $4,582,000 of the general fund--state appropriation for
fiscal year 2013 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.
(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.
(h) $750,000 of the general fund--state appropriation for fiscal
year 2012 and $750,000 of the general fund--state appropriation for
fiscal year 2013 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.
(i) $1,125,000 of the general fund--state appropriation for fiscal
year 2012 and $1,125,000 of the general fund--state appropriation for
fiscal year 2013 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.
(j) $1,529,000 of the general fund--state appropriation for fiscal
year 2012 and $1,529,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely to reimburse Pierce and Spokane
counties for the cost of conducting 180-day commitment hearings at the
state psychiatric hospitals.
(k) 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.
(l) Given the recent approval of federal medicaid matching funds
for the disability lifeline and the alcohol and drug abuse treatment
support act programs, the department shall charge regional support
networks for only the state share rather than the total cost of
community psychiatric hospitalization for persons enrolled in those
programs.
(m) $750,000 of the general fund--state appropriation for fiscal
year 2012, $750,000 of the general fund--state appropriation for fiscal
year 2013, and $1,500,000 of the general fund--federal appropriation
are provided solely to adjust regional support network capitation rates
to account for the per diem rates actually paid for psychiatric care
provided at hospitals participating in the certified public expenditure
program operated pursuant to section 213 of this act.
(2) INSTITUTIONAL SERVICES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $114,686,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $113,766,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $150,767,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $65,834,000
TOTAL APPROPRIATION . . . . . . . . . . . . $445,053,000
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 2012 and $231,000 of the general fund--state appropriation for
fiscal year 2013 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 2012 and $45,000 of the general fund--state appropriation for
fiscal year 2013 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) $20,000,000 of the general fund--state appropriation for fiscal
year 2012 and $20,000,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely to maintain staffed capacity to
serve an average daily census in forensic wards at western state
hospital of 270 patients per day.
(3) SPECIAL PROJECTS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,457,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,462,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,682,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $700,000
TOTAL APPROPRIATION . . . . . . . . . . . . $6,301,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) $1,161,000 of the general fund--state appropriation for fiscal
year 2012 and $1,161,000 of the general fund--state appropriation for
fiscal year 2013 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) $700,000 of the general fund--private/local appropriation is
provided solely for the University of Washington's evidence based
practice institute which supports the identification, evaluation, and
implementation of evidence-based or promising practices for serving
children and youth with mental health disorders. The department shall
enter into an interagency agreement with the office of the attorney
general for expenditure of $700,000 of the state's proceeds of the cy
pres settlement in State of Washington v. AstraZeneca (Seroquel) for
this purpose.
(4) PROGRAM SUPPORT
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $4,276,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $4,102,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $6,894,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $446,000
TOTAL APPROPRIATION . . . . . . . . . . . . $15,718,000
The appropriations in this subsection are subject to the following
conditions and limitations: In accordance with RCW 43.20B.110,
43.135.055, and 71.24.035, the department is authorized to increase
license and certification fees in fiscal years 2012 and 2013 to support
the costs of the regulatory program. The fee schedule increases must
be developed so that the maximum amount of additional fees paid by
providers statewide in the 2011-2013 fiscal biennium is $446,000. The
department's fee schedule shall have differential rates for providers
with proof of accreditation from organizations that the department has
determined to have substantially equivalent standards to those of the
department, including but not limited to the joint commission on
accreditation of health care organizations, the commission on
accreditation of rehabilitation facilities, and the council on
accreditation. To reflect the reduced costs associated with regulation
of accredited programs, the department's fees for organizations with
such proof of accreditation must reflect the lower costs of licensing
for these programs than for other organizations which are not
accredited.
NEW SECTION. Sec. 205 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- DEVELOPMENTAL DISABILITIES PROGRAM
(1) COMMUNITY SERVICES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $418,664,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $422,393,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $726,897,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $184,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,568,138,000
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) Amounts appropriated in this subsection 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.
(c) Amounts appropriated in this subsection are sufficient to
develop and implement the use of a consistent, statewide outcome-based
vendor contract for employment and day services by July 1, 2012. 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) $944,000 of the general fund--state appropriation for fiscal
year 2012, $944,000 of the general fund--state appropriation for fiscal
year 2013, and $1,888,000 of the general fund--federal appropriation
are provided solely for state contributions for individual provider
health care benefits. Pursuant to the collective bargaining agreement
negotiated with the exclusive bargaining representative of individual
providers established under RCW 74.39A.270, the state shall contribute
to the multiemployer health benefits trust fund $1.96 per paid hour
worked by individual providers.
(e) $1,871,000 of the general fund--state appropriation for fiscal
year 2012, $1,995,000 of the general fund--state appropriation for
fiscal year 2013, and $3,865,000 of the general fund--federal
appropriation are provided solely for home care agencies to purchase
health coverage for home care providers. The department shall
calculate and distribute payments for health care benefits to home care
agencies at $558 per month for each worker who cares for publicly
funded clients at 86 hours or more per month. In order to negotiate
the most comprehensive health benefits package for its employees, each
agency may determine benefit levels according to the hours an employee
works providing state-funded personal care. Health benefits shall be
offered to all employees who care for publicly funded clients for 86
hours per month or more. At a minimum, employees who care for publicly
funded clients at 140 hours a month or greater must receive a
comprehensive medical benefit. Benefits shall not be provided to
employees who care for publicly funded clients at 85 hours or less per
month or as interim respite workers. The department shall not pay an
agency for benefits provided to an employee who otherwise receives
health care coverage through other family members, other
employment-based coverage, or military or veteran's coverage. The
department shall require annually, each home care agency to review each
of its employee's available health coverage and to provide a written
declaration to the department verifying that health benefits purchased
with public funds are solely for employees that do not have other
available coverage. Home care agencies may determine a reasonable
employee co-premium not to exceed 20 percent of the total benefit cost.
(f) $1,127,000 of the general fund--state appropriation for fiscal
year 2012, $1,199,000 of the general fund--state appropriation for
fiscal year 2013, and $2,322,000 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, for instructional
costs associated with the training of individual providers. House Bill
No. 1548 and Senate Bill No. 5473 (long-term care worker requirements)
make statutory changes to the increased training requirements and
therefore the state shall contribute to the partnership $0.17 per paid
hour worked by all home care workers. This amount is pursuant to the
collective bargaining agreement negotiated with the exclusive
bargaining representative of individual providers established under RCW
74.39A.270. Expenditures for the purposes specified in this subsection
shall not exceed the amounts provided in this subsection.
(g)(i) Within the amounts appropriated in this subsection, the
department shall revise the current working age adult policy to allow
clients to choose between employment and community access activities.
Clients age 21 and older who are receiving services through a home- and
community-based medicaid waiver shall be offered the choice to
transition to a community access program after nine months of
enrollment in an employment program, and the option to transition from
a community access program to an employment program at any time. The
department shall inform clients and their legal representatives of all
available options for employment and day services. Information
provided to the client and the client's legal representative shall
include the types of activities each service option provides, and the
amount, scope, and duration of service for which the client would be
eligible under each service option. An individual client may be
authorized for only one service option, either employment services or
community access services. Clients may not participate in more than
one of these services at any given time.
(ii) The department shall work with counties and stakeholders to
strengthen and expand the existing community access program. The
program must emphasize support for the client so they are able to
participate in activities that integrate them into their community and
support independent living and skills.
(iii) The appropriation in this subsection includes funding to
provide employment or community access services to 168 medicaid
eligible young adults with developmental disabilities living with their
families who need employment opportunities and assistance after high
school graduation.
(h) $75,000 of the general fund--state appropriation for fiscal
year 2012 and $75,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the restoration of direct
support to 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.
(i) In accordance with Engrossed Substitute House Bill No. 1277
(licensed settings for vulnerable adults), adult family home license
fees are increased in fiscal years 2012 and 2013 to support the costs
of conducting licensure, inspection, and regulatory programs.
(i) The current annual renewal license fee for adult family homes
shall be increased to $100 per bed beginning in fiscal year 2012 and
$175 per bed beginning in fiscal year 2013. Adult family homes shall
receive a corresponding vendor rate increase per medicaid patient day
of $0.22 in fiscal year 2012 and $0.43 in fiscal year 2013 to cover the
cost of the license fee increase for publicly funded beds.
(ii) Beginning in fiscal year 2012, a processing fee of $2,750
shall be charged to each adult family home when the home is initially
licensed. This fee is nonrefundable.
(j) The department shall assess and determine whether it would be
cost-efficient for the state to exercise the option made available
under section 1915(k) of the federal social security act (42 U.S.C.
Sec. 1396n(k)). If the department determines that it would be cost-efficient for the state to exercise the federal option, it shall
prepare a proposal to provide home- and community-based attendant
services and supports that include assistance with activities of daily
living (ADL's), instrumental activities of daily living (IADL's), and
health-related tasks pursuant to section 1915(k) of the federal social
security act (42 U.S.C. Sec. 1396n(k)) and submit that plan to the
legislature during the next legislative session.
(k) Clients with developmental disabilities have demonstrated a
need and a desire for a day services program as verified by over 900
clients currently accessing day programs through a long-term care
service model. In addition, every individual, to include those with a
developmental disability, should have the opportunity for meaningful
employment which allows them to contribute to their communities and to
become as self-sufficient as possible. Providing choice empowers
recipients of publicly funded services and their families by expanding
their degree of control over the services and supports they need.
The department shall work with legislators and stakeholders to
develop a new approach to employment and day services. The objective
of this plan is to ensure that adults with developmental disabilities
have optimum choices, and that employment and day offerings are
comprehensive enough to meet the needs of all clients currently served
on a home and community based waiver. The proposal shall be submitted
to the 2012 legislature for consideration and shall be constructed such
that a client ultimately receives employment, community access, or the
community day option but not more than one service at a time. The
proposal shall include options for program efficiencies within the
current employment and day structure and shall provide details on the
plan to implement a consistent, statewide outcome-based vendor contract
for employment and day services as specified in (c) of this subsection.
(2) INSTITUTIONAL SERVICES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $80,256,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $79,288,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $153,007,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $22,043,000
TOTAL APPROPRIATION . . . . . . . . . . . . $334,594,000
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) $721,000 of the general fund--state appropriation for fiscal
year 2012 and $721,000 of the general fund--state appropriation for
fiscal year 2013 are 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.
(c) 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 2012) . . . . . . . . . . . . $1,383,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,376,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,326,000
TOTAL APPROPRIATION . . . . . . . . . . . . $4,085,000
(4) SPECIAL PROJECTS
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $4,659,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $4,659,000
General Fund--Federal Appropriation . . . . . . . . . . . . $9,590,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $998,000
TOTAL APPROPRIATION . . . . . . . . . . . . $19,906,000
The appropriations in this subsection are subject to the following
conditions and limitations:
Amounts appropriated in this subsection are for the purposes of
transitioning clients with developmental disabilities into community
settings. The department is authorized as needed to use these funds to
either pay for clients residing within a residential habilitation
center or for placements in the community. Pursuant to Second
Substitute Senate Bill No. 5459 (services for people with developmental
disabilities), funding in this subsection must be prioritized for the
purpose of facilitating the consolidation and closure of Frances Haddon
Morgan Center. The department shall use a person-centered approach in
developing the discharge plan to assess each resident's needs and
identify services the resident requires to successfully transition to
the community or another residential habilitation center. The
department is authorized to use any savings from this effort for the
purpose of developing community resources to address the needs of
clients with developmental disabilities who are in crisis or in need of
respite. The department shall track the costs and savings of closing
Frances Haddon Morgan Center and any investments into community
placements and resources. The department shall provide a fiscal
progress report to the legislature by December 5, 2011.
NEW SECTION. Sec. 206 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- AGING AND ADULT SERVICES PROGRAM
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $783,305,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $811,670,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,686,010,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $27,517,000
Traumatic Brain Injury Account -- State Appropriation . . . . . . . . . . . . $3,388,000
Nursing Facility Quality Assurance Account--State
Appropriation . . . . . . . . . . . . $88,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,399,890,000
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 $170.37 for
fiscal year 2012 and shall not exceed $171.43 for fiscal year 2013,
including the rate add-ons described in (a) and (b) of this subsection.
However, if the waiver requested from the federal centers for medicare
and medicaid services in relation to the safety net assessment created
by Engrossed Substitute Senate Bill No. 5581 (nursing home payments) is
for any reason not approved and implemented, the weighted average
nursing facility payment rate shall not exceed $159.87 for fiscal year
2012 and shall not exceed $160.93 for fiscal year 2013. There will be
no adjustments for economic trends and conditions in fiscal years 2012
and 2013. 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.
(a) 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.
(b) The department shall do a comparative analysis of the facility-based payment rates calculated on July 1, 2011, using the payment
methodology defined in Engrossed Substitute Senate Bill No. 5581
(nursing home payments), to the facility-based payment rates in effect
June 30, 2010. If the facility-based payment rate calculated on July
1, 2011, is smaller than the facility-based payment rate on June 30,
2010, then the difference shall be provided to the individual nursing
facilities as an add-on payment per medicaid resident day.
(c) During the comparative analysis performed in subsection (b) of
this section, if it is found that the direct care rate for any facility
calculated using the payment methodology defined in Engrossed
Substitute Senate Bill No. 5581 (nursing home payments) is greater than
the direct care rate in effect on June 30, 2010, then the facility
shall receive a ten percent direct care rate add-on to compensate that
facility for taking on more acute clients than they have in the past.
(d) The department shall provide a medicaid rate add-on to
reimburse the medicaid share of the skilled nursing facility safety net
assessment as a medicaid allowable cost. The nursing facility safety
net rate add-on may not be included in the calculation of the annual
statewide weighted average nursing facility payment rate.
(e) If the waiver requested from the federal centers for medicare
and medicaid services in relation to the safety net assessment created
by Engrossed Substitute Senate Bill No. 5581 (nursing home payments) is
for any reason not approved and implemented, subsections (b), (c), and
(d) of this subsection do not apply.
(2) After examining actual nursing facility cost information, the
legislature finds that the medicaid nursing facility rates calculated
pursuant to Engrossed Substitute Senate Bill No. 5581 (nursing home
payments) provide sufficient reimbursement to efficiently and
economically operating nursing facilities and bear 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 2012 and no new certificates of capital authorization for fiscal
year 2013 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 years 2012 and 2013.
(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.
(5) 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.
(6) $1,883,000 of the general fund--state appropriation for fiscal
year 2012, $1,883,000 of the general fund--state appropriation for
fiscal year 2013, and $3,766,000 of the general fund--federal
appropriation are provided solely for state contributions for
individual provider health care benefits. Pursuant to the collective
bargaining agreement negotiated with the exclusive bargaining
representative of individual providers established under RCW
74.39A.270, the state shall contribute to the multiemployer health
benefits trust fund $1.96 per paid hour worked by individual providers.
(7) $16,835,000 of the general fund--state appropriation for fiscal
year 2012, $17,952,000 of the general fund--state appropriation for
fiscal year 2013, and $34,786,000 of the general fund--federal
appropriation are provided solely for home care agencies to purchase
health coverage for home care providers. The department shall
calculate and distribute payments for health care benefits to home care
agencies at $558 per month for each worker who cares for publicly
funded clients at 86 hours or more per month. In order to negotiate
the most comprehensive health benefits package for its employees, each
agency may determine benefit levels according to the hours an employee
works providing state-funded personal care. Health benefits shall be
offered to all employees who care for publicly funded clients for 86
hours per month or more. At a minimum, employees who care for publicly
funded clients at 140 hours a month or greater must receive a
comprehensive medical benefit. Benefits shall not be provided to
employees who care for publicly funded clients at 85 hours or less per
month or as interim respite workers. The department shall not pay an
agency for benefits provided to an employee who otherwise receives
health care coverage through other family members, other
employment-based coverage, or military or veteran's coverage. The
department shall require annually, each home care agency to review each
of its employee's available health coverage and to provide a written
declaration to the department verifying that health benefits purchased
with public funds are solely for employees that do not have other
available coverage. Home care agencies may determine a reasonable
employee co-premium not to exceed 20 percent of the total benefit cost.
(8) $2,063,000 of the general fund--state appropriation for fiscal
year 2012, $2,195,000 of the general fund--state appropriation for
fiscal year 2013, and $4,260,000 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, for instructional
costs associated with the training of individual providers. House Bill
No. 1548 and Senate Bill No. 5473 (long-term care worker requirements)
make statutory changes to the increased training requirements and
therefore the state shall contribute to the partnership $0.17 per paid
hour worked by all home care workers. This amount is pursuant to the
collective bargaining agreement negotiated with the exclusive
bargaining representative of individual providers established under RCW
74.39A.270. Expenditures for the purposes specified in this subsection
shall not exceed the amounts provided in this subsection.
(9) 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) The department shall eliminate the adult day health program
under the state plan 1915(i) option and shall reestablish it under the
long-term care home and community-based waiver.
(11) $4,588,000 of the general fund--state appropriation for fiscal
year 2012, $4,559,000 of the general fund--state appropriation for
fiscal year 2013, and $9,237,000 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.
(12) $1,840,000 of the general fund--state appropriation for fiscal
year 2012 and $1,877,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for operation of the volunteer
services program. Funding shall be prioritized towards serving
populations traditionally served by long-term care services to include
senior citizens and persons with disabilities.
(13) In accordance with Engrossed Substitute House Bill No. 1277
(licensed settings for vulnerable adults), nursing facility fees are
increased in fiscal year 2012 and adult family home fees are increased
in fiscal year 2012 and fiscal year 2013 to support the costs of
conducting licensure, inspection, and regulatory programs.
(a) The current annual renewal license fee for nursing facilities
shall be increased to $359 per bed beginning in fiscal year 2012 and
assumes $517,000 of the general fund--private/local appropriation.
Nursing facilities shall receive a vendor rate increase of $0.08 per
medicaid patient day to cover the license fee increase for publicly
funded beds.
(b) The current annual renewal license fee for adult family homes
shall be increased to $100 per bed beginning in fiscal year 2012 and
assumes $1,449,000 of the general fund--private/local appropriation;
and $175 per bed beginning in fiscal year 2013 and assumes $2,463,000
of the general fund--private/local appropriation. Adult family homes
shall receive a corresponding vendor rate increase per medicaid patient
day of $0.22 in fiscal year 2012 and $0.43 in fiscal year 2013 to cover
the license fee increase for publicly funded beds.
(c) Beginning in fiscal year 2012, a processing fee of $2,750 shall
be charged to each adult family home when the home is initially
licensed. This fee is nonrefundable.
(d) $72,000 of the general fund--state appropriation for fiscal
year 2012, $708,000 of the general fund--private/local appropriation
and $708,000 of the general fund--federal appropriation are provided
solely to implement sections 501 through 503 of Engrossed Substitute
House Bill No. 1277 (licensed settings for vulnerable adults). The
department shall use additional investigative resources to address
complaints about provider practices as well as alleged abuse, neglect,
abandonment, and exploitation of residents in adult family homes. The
department shall develop a statewide internal quality review and
accountability program to improve the accountability of staff and the
consistent application of investigative activities, and shall convene
a quality assurance panel to review problems in the quality of care in
adult family homes.
(14) $3,316,000 of the traumatic brain injury account--state
appropriation is provided solely to continue services for persons with
traumatic brain injury (TBI) as defined in chapter 143, Laws of 2011
(traumatic brain injury strategic partnership).
(15) The department is authorized to place long-term care clients
residing in nursing homes and paid for with state only funds into less
restrictive community care settings while continuing to meet the
client's care needs.
(16) $30,000 of the general fund--state appropriation for fiscal
year 2012 and $30,000 of the general fund--federal appropriation are
provided solely to implement Engrossed Second Substitute House Bill No.
1901 (reshaping the delivery of long-term care services). If the bill
is not enacted by June 30, 2011, the amounts provided in this
subsection shall lapse.
(17) The department shall assess and determine whether it would be
cost-efficient for the state to exercise the option made available
under section 1915(k) of the federal social security act (42 U.S.C.
Sec. 1396n(k)). If the department determines that it would be cost
efficient for the state to exercise the federal option, it shall
prepare a proposal to provide home- and community-based attendant
services and supports that include assistance with activities of daily
living (ADL's), instrumental activities of daily living (IADL's), and
health-related tasks pursuant to section 1915(k) of the federal social
security act (42 U.S.C. Sec. 1396n(k)) and submit that plan to the
legislature during the subsequent legislative session.
NEW SECTION. Sec. 207 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- ECONOMIC SERVICES PROGRAM
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $506,611,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $500,003,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,115,799,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $30,592,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,153,005,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $297,623,000 of the general fund--state appropriation for
fiscal year 2012, $297,623,000 of the general fund--state appropriation
for fiscal year 2013, and $672,443,000 of the general fund--federal
appropriation are provided solely for all components of the WorkFirst
program. Under section 2 of Engrossed Substitute Senate Bill No. 5921
(social services programs), the amounts in this subsection assume that
any participant in the temporary assistance for needy families where
their participation is suspended and does not volunteer to participate
in WorkFirst services or unsubsidized employment does not receive child
care subsidies or WorkFirst subsidies as a condition of the suspension.
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.
(a) Within the amounts provided for WorkFirst in this subsection,
the department shall continue to implement WorkFirst program
improvements that are designed to achieve progress against outcome
measures specified in RCW 74.08A.410.
(b) The department may establish a career services work transition
program.
(c) Within the amounts provided in this subsection, $1,414,000 of
the general fund--state appropriation for fiscal year 2012 and
$5,150,000 of the general fund--state appropriation for fiscal year
2013 are provided solely for the implementation and administration of
the electronic benefit transfer system under section 12 of Engrossed
Substitute Senate Bill No. 5921 (social services programs). The
department shall transfer these amounts to the department of early
learning for the implementation and administration of the project.
(d) Within amounts appropriated in this section, the legislature
expressly mandates that the department exercise its authority, granted
in 1997 under RCW 74.08A.290, to contract for work activities services
pursuant to that statutory authority and RCW 41.06.142(3).
(e) The department shall create a temporary assistance for needy
families budget structure that allows for more transparent tracking of
budget units and subunits of expenditures where these units and
subunits are mutually exclusive from other department budget units.
The budget structure shall include budget units for the following:
Grants, child care, WorkFirst activities, and administration of the
program.
(2)(a) $11,825,000 of the general fund--federal appropriation is
provided solely for a contingency reserve in the event the temporary
assistance for needy families cash benefit is projected to exceed
forecasted amounts by more than one percent. The department shall only
expend an amount equal to the forecasted over-expenditure. For
purposes of this subsection, the temporary assistance forecast shall be
completed every quarter and follow a similar schedule of the caseload
forecast council forecasts.
(b) If sufficient savings in subsection (1) of this section are
achieved, the department of early learning shall increase the number of
child care slots available for the working connections child care
program.
(3) $31,960,000 of the general fund--state appropriation for fiscal
year 2012, in addition to supplemental security income recoveries, is
provided solely for financial assistance and other services to
recipients in the program established in section 4, chapter 8, Laws of
2010 1st sp. sess., until the program terminates on October 31, 2011.
(4)(a) $11,690,000 of the general fund--state appropriation for
fiscal year 2012 and $21,494,000 of the general fund--state
appropriation for fiscal year 2013, in addition to supplemental
security income recoveries, are provided solely for the programs
created in Engrossed Substitute House Bill No. 2082 (essential needs
and assistance program) beginning November 1, 2011.
(b) The department shall review clients receiving services through
the aged, blind, or disabled assistance program, to determine whether
they 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) The department shall continue the interagency agreement with
the department of veterans' affairs to establish a process for referral
of veterans who may be eligible for veterans' services. This agreement
must include out-stationing department of veterans' affairs staff in
selected community service office locations in King and Pierce counties
to facilitate applications for veterans' services.
(5) $1,657,000 of the general fund--state appropriation for fiscal
year 2012 and $1,657,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for naturalization services.
(6) $2,366,000 of the general fund--state appropriation for fiscal
year 2012 is provided solely for refugee employment services, of which
$1,774,000 is provided solely for the department to pass through to
statewide refugee assistance organizations for limited English
proficiency pathway services; and $2,366,000 of the general fund--state
appropriation for fiscal year 2013 is provided solely for refugee
employment services, of which $1,774,000 is provided solely for the
department to pass through to statewide refugee assistance
organizations for limited English proficiency pathway services.
(7) On December 1, 2011, and annually thereafter, the department
must report to the legislature on all sources of funding available for
both refugee and immigrant services and naturalization services during
the current fiscal year and the amounts expended to date by service
type and funding source. The report must also include the number of
clients served and outcome data for the clients.
(8) To ensure expenditures remain within available funds
appropriated in this section, the legislature establishes the benefit
under the state food assistance program, pursuant to RCW 74.08A.120, to
be fifty percent of the federal supplemental nutrition assistance
program benefit amount.
(9) 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.
NEW SECTION. Sec. 208 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- ALCOHOL AND SUBSTANCE ABUSE PROGRAM
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $75,785,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $75,924,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $141,516,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $2,086,000
Criminal Justice Treatment Account -- State
Appropriation . . . . . . . . . . . . $17,748,000
Problem Gambling Account -- State Appropriation . . . . . . . . . . . . $1,448,000
TOTAL APPROPRIATION . . . . . . . . . . . . $314,507,000
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, pregnant and parenting women, disability
lifeline, and alcoholism and drug addiction treatment and support act,
and medical care services clients.
(3) In accordance with RCW 70.96A.090 and 43.135.055, the
department is authorized to increase fees for the review and approval
of treatment programs in fiscal years 2012 and 2013 as necessary to
support the costs of the regulatory program. The department's fee
schedule shall have differential rates for providers with proof of
accreditation from organizations that the department has determined to
have substantially equivalent standards to those of the department,
including but not limited to the joint commission on accreditation of
health care organizations, the commission on accreditation of
rehabilitation facilities, and the council on accreditation. To
reflect the reduced costs associated with regulation of accredited
programs, the department's fees for organizations with such proof of
accreditation must reflect the lower cost of licensing for these
programs than for other organizations which are not accredited.
(4) $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.
NEW SECTION. Sec. 209 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- VOCATIONAL REHABILITATION PROGRAM
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $10,852,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $10,861,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $102,622,000
Telecommunications Devices for the Hearing and
Speech Impaired -- State Appropriation . . . . . . . . . . . . $2,766,000
TOTAL APPROPRIATION . . . . . . . . . . . . $127,101,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The vocational rehabilitation program shall coordinate closely
with the economic services program to serve 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.
(2) $480,000 of the telecommunications devices for the hearing and
speech impaired account--state appropriation is provided solely for the
office of deaf and hard of hearing to contract for services that
provide employment support and help with life activities for deaf-blind
individuals in King county.
NEW SECTION. Sec. 210 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- SPECIAL COMMITMENT PROGRAM
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $47,779,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $47,609,000
TOTAL APPROPRIATION . . . . . . . . . . . . $95,388,000
NEW SECTION. Sec. 211 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- ADMINISTRATION AND SUPPORTING SERVICES PROGRAM
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $25,698,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $23,960,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $38,917,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $2,116,000
Performance Audits of State Government--State
Appropriation . . . . . . . . . . . . $4,812,000
TOTAL APPROPRIATION . . . . . . . . . . . . $95,503,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $300,000 of the general fund--state appropriation for fiscal
year 2012 and $300,000 of the general fund--state appropriation for
fiscal year 2013 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 2012 and $445,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for funding of the teamchild
project.
(3) $178,000 of the general fund--state appropriation for fiscal
year 2012 and $178,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the juvenile detention
alternatives initiative.
(4) $4,812,000 of the performance audits of state government--state
appropriation is provided solely for support and expansion of the
division of fraud investigation. The division shall conduct
investigatory and enforcement activities for all department programs,
including the child support and TANF programs.
(5) $1,400,000 of the general fund--state appropriation for fiscal
year 2012 is provided solely for the department to distribute as
support to community public health and safety networks that have a
history of providing training and services related to adverse childhood
experiences. Distribution of these funds is contingent upon securing
funding from a private entity or entities to provide one dollar in
matching funds for each dollar in state funds received by a network so
that the funding received by a community public health and safety
network will be equal portions of state and private funding.
NEW SECTION. Sec. 212 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- PAYMENTS TO OTHER AGENCIES PROGRAM
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $66,410,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $63,304,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $60,313,000
TOTAL APPROPRIATION . . . . . . . . . . . . $190,027,000
The appropriations in this section are subject to the following
conditions and limitations: $469,000 of the general fund--state
appropriation for fiscal year 2011 and $270,000 of the general fund--state appropriation for fiscal year 2012 are provided solely for
implementation of Engrossed Substitute Senate Bill No. 5921 (social
services programs). If the bill is not enacted by June 30, 2011, the
amounts provided in this subsection shall lapse.
NEW SECTION. Sec. 213 FOR THE STATE HEALTH CARE AUTHORITY
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $2,195,580,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $2,263,679,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $5,608,085,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $60,277,000
Emergency Medical Services and Trauma Care Systems
Trust Account--State Appropriation . . . . . . . . . . . . $15,077,000
Hospital Safety Net Assessment Fund--State
Appropriation . . . . . . . . . . . . $404,438,000
State Health Care Authority Administration Account --
State Appropriation . . . . . . . . . . . . $34,476,000
Medicaid Fraud Penalty Account--State Appropriation . . . . . . . . . . . . $17,039,000
Basic Health Plan Stabilization Account--
State Appropriation . . . . . . . . . . . . $44,000,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $529,000
TOTAL APPROPRIATION . . . . . . . . . . . . $10,643,180,000
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)(a) $1,200,000 of the general fund--state appropriation for
fiscal year 2012 is provided solely to plan the implementation of a
system of consolidated public school employee health benefits
purchasing.
It is the intent of the legislature to improve the administration,
transparency, and equity in delivering a K-12 employees' health
benefits system. In addition, the legislature intends that any cost
savings that result from changes to K-12 health benefits be dedicated
to public schools.
To further this legislative intent, the state health care authority
shall develop a plan to implement a consolidated health benefits'
system for K-12 employees for the 2013-14 school year. The health care
authority shall deliver a report to the legislature by December 15,
2011, that sets forth the implementation plan to the ways and means
committees of the house of representatives and the senate.
(b) The report prepared by the health care authority shall compare
and contrast the costs and benefits, both long and short term, of:
(i) The current K-12 health benefits system;
(ii) A new K-12 employee benefits pool; and
(iii) Enrolling K-12 employees into the health benefits pool for
state employees.
(c) In addition to the implementation plan, the report shall
include the following information:
(i) The costs and benefits of the current K-12 health benefits
system;
(ii) The costs and benefits of providing a new statewide K-12
employees' health benefits pool to school districts and school
employees;
(iii) The costs and benefits of enrolling K-12 employees into the
existing health benefits pool for state employees;
(iv) Recommendations of ways to limit administrative duplication
and costs, improve transparency to employees, the legislature, and the
public and assure equity among beneficiaries of publicly provided
employee health benefits;
(v) Recommendations for standardizing benefit packages and
purchasing efforts in a manner that seeks to maximize funding and
equity for all school employees;
(vi) Recommendations regarding the use of incentives, including how
changes to state health benefit allocations could provide employees
with benefits that would encourage participation;
(vii) Recommendations regarding the implementation of a new K-12
employee benefit plan, with separate options for voluntary
participation and mandatory statewide participation;
(viii) Recommendations regarding methods to reduce inequities
between individual and family coverage;
(ix) Consolidation of the purchasing and budget accountability for
school employee benefits to maximize administrative efficiency and
leverage existing skills and resources; and
(x) Other details the health care authority deems necessary,
including but not limited to recommendations on the following:
(A) Approaches for implementing the transition to a statewide pool,
including administrative and statutory changes necessary to ensure a
successful transition, and whether the pool should be separate from, or
combined with, the public employees' benefits pool;
(B) The structure of a permanent governing group to provide ongoing
oversight to the consolidated pool, in a manner similar to the public
employees benefits board functions for employee health benefits,
including statutory duties and authorities of the board; and
(C) Options for including potential changes to: Eligibility
standardization, the public employees benefits risk pools, the movement
of school employee retirees into the new K-12 pool or pools, and the
movement of educational service district employees into the new K-12
pool or pools.
(d) In determining its costs and benefits of a new statewide K-12
employees' health benefits pool for school districts and school
employees, the health care authority shall assume the following:
(i) School district enrollees must constitute an entire bargaining
unit, or an entire group of nonrepresented employees;
(ii) Staffing and administration for benefits purchasing shall be
provided by the health care authority; and
(iii) The new K-12 pool would operate on a schedule that
coordinates with the financing and enrollment schedule used for school
districts.
(e) The office of the superintendent of public instruction and the
office of the insurance commissioner shall provide information and
technical assistance to the health care authority as requested by the
health care authority. The health care authority shall not implement
the new school employee benefits pool until authorized to do so by the
legislature.
(4) 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).
(5) Enrollment in the subsidized basic health plan shall be limited
to only include persons who qualify as subsidized enrollees as defined
in RCW 70.47.020 and who (a) qualify for services under 1115 medicaid
demonstration project number 11-W-00254/10; or (b) are foster parents
licensed under chapter 74.15 RCW.
(6) $23,700,000 of the general fund--federal appropriation is
provided solely for planning and implementation of a health benefit
exchange under the federal patient protection and affordable care act.
Within the amounts provided in this subsection, funds used by the
authority for information technology projects are conditioned on the
authority satisfying the requirements of Engrossed Second Substitute
Senate Bill No. 5931 (central service agencies).
(7) Based on quarterly expenditure reports and caseload forecasts,
if the health care authority estimates that expenditures for the
medical assistance program will exceed the appropriations, the health
care authority 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.
(8) In determining financial eligibility for medicaid-funded
services, the health care authority is authorized to disregard
recoveries by Holocaust survivors of insurance proceeds or other
assets, as defined in RCW 48.104.030.
(9) 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.
(10) When a person is ineligible for medicaid solely by reason of
residence in an institution for mental diseases, the health care
authority 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.
(11) $4,261,000 of the general fund--state appropriation for fiscal
year 2012, $4,261,000 of the general fund--state appropriation for
fiscal year 2013, and $8,522,000 of the general fund--federal
appropriation are provided solely for low-income disproportionate share
hospital payments under RCW 74.09.730(1)(a).
(12) $5,905,000 of the general fund--state appropriation for fiscal
year 2012, $5,905,000 of the general fund--state appropriation for
fiscal year 2013, and $11,810,000 of the general fund--federal
appropriation are provided solely for nonrural indigent assistance
disproportionate share hospital payments in accordance with RCW
74.09.730(1).
(13) $665,000 of the general fund--state appropriation for fiscal
year 2012, $665,000 of the general fund--state appropriation for fiscal
year 2013, and $1,330,000 of the general fund--federal appropriation
are provided solely for small rural indigent assistance
disproportionate share hospital payments in accordance with RCW
74.09.730(1).
(14) $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 health care
authority's discretion. During either the interim cost settlement or
the final cost settlement, the health care authority shall recoup from
the public hospital districts the supplemental payments that exceed the
medicaid cost limit and/or the medicare upper payment limit. The
health care authority shall apply federal rules for identifying the
eligible incurred medicaid costs and the medicare upper payment limit.
(15) The health care authority shall continue the inpatient
hospital certified public expenditures program for the 2011-2013 fiscal
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
health care authority shall submit reports to the governor and
legislature by November 1, 2011, and by November 1, 2012, 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 health care authority 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 2012 and fiscal
year 2013, 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 2011-13 biennial operating appropriations act
and in effect on July 1, 2011, (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 2011-13 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.
$32,673,000 of the general fund--state appropriation for fiscal year
2012, of which $6,570,000 is appropriated in section 204(1) of this
act, and $29,693,000 of the general fund--state appropriation for
fiscal year 2013, of which $6,570,000 is appropriated in section 204(1)
of this act, are provided solely for state grants for the participating
hospitals. CPE hospitals will receive the inpatient and outpatient
reimbursement rate restorations in RCW 74.60.080 and rate increases in
RCW 74.60.090 funded through the hospital safety net assessment fund
rather than through the baseline mechanism specified in this
subsection.
(16) The contract with the managed care plan to provide services
for disability lifeline clients shall be designed to incentivize care
in the most appropriate setting, including maximizing primary care-based services and optimizing appropriate hospital utilization and
savings. The health care authority may include shared savings or other
risk sharing arrangements in the contract with the managed care plan in
order to incentivize aggressive management of hospital services,
including prior authorization, concurrent review, and discharge
planning. In determining the allocation of shared savings, the health
care authority shall consider the appropriate balance between
incentivizing aggressive management of hospital services by the managed
care plan and realizing budgetary savings from the state's investment
in the inclusion of care management and mental health services in the
managed care contract.
(17) The health care authority shall evaluate the impact of the use
of a managed care delivery and financing system on state costs and
outcomes for lifeline medical clients. Outcomes measured shall include
state costs, utilization, changes in mental health status and symptoms,
and involvement in the criminal justice system.
(18) The health care authority 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.
(19) The health care authority 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. The health care
authority shall prioritize evidence-based practices for delivery of
maternity support services. To the extent practicable, the health care
authority shall develop a mechanism to increase federal funding for
maternity support services by leveraging local public funding for those
services.
(20) For children with family incomes above 200 percent of the
federal poverty level in the state-funded children's health program for
children who are not eligible for coverage under the federally funded
children's health insurance program, premiums shall be set every two
years in an amount equal to the average state-only share of the per
capita cost of coverage in the state-funded children's health program
for children in families with incomes at or less than two hundred
percent of the federal poverty level.
(21) $704,000 of the general fund--state appropriation for fiscal
year 2012, $726,000 of the general fund--state appropriation for fiscal
year 2013, and $1,431,000 of the general fund--federal appropriation
are provided solely for disproportionate share hospital payments to
hospitals that provide services to children in the children's health
program who are not eligible for services under Title XIX or XXI of the
federal social security act due to their citizenship status.
(22) $998,000 of the general fund--state appropriation for fiscal
year 2012, $979,000 of the general fund--state appropriation for fiscal
year 2013, and $1,980,000 of the general fund--federal appropriation
are provided solely to increase prior authorization activities for
advanced imaging procedures.
(23) $249,000 of the general fund--state appropriation for fiscal
year 2012, $246,000 of the general fund--state appropriation for fiscal
year 2013, and $495,000 of the general fund--federal appropriation are
provided solely to increase prior authorization activities for surgical
procedures, which may include orthopedic procedures, spinal procedures
and interventions, and nerve procedures.
(24) $300,000 of the general fund--private/local appropriation and
$300,000 of the general fund--federal appropriation are provided solely
for a prescriptive practices improvement collaborative focusing upon
atypical antipsychotics and other medications commonly used in the
treatment of severe and persistent mental illnesses among adults. The
project shall promote collaboration among community mental health
centers, other major prescribers of atypical antipsychotic medications
to adults enrolled in state medical assistance programs, and
psychiatrists, pharmacists, and other specialists at the University of
Washington department of psychiatry and/or other research universities.
The collaboration shall include patient-specific prescriber
consultations by psychiatrists and pharmacists specializing in
treatment of severe and persistent mental illnesses among adults;
production of profiles to assist prescribers and clinics in tracking
their prescriptive practices and their patients' medication use and
adherence relative to evidence-based practices guidelines, other
prescribers, and patients at other clinics; and in-service seminars at
which participants can share and increase their knowledge of evidence-
based and other effective prescriptive practices. The health care
authority shall enter into an interagency agreement with the office of
the attorney general for expenditure of $300,000 of the state's
proceeds of the cy pres settlement in State of Washington v.
AstraZeneca (Seroquel) for this purpose.
(25) $570,000 of the general fund--private/local appropriation is
provided solely for continued operation of the partnership access line
for child mental health consultations. The health care authority shall
enter into an interagency agreement with the office of the attorney
general for expenditure of $570,000 of the state's proceeds of the cy
pres settlement in State of Washington v. AstraZeneca (Seroquel) for
this purpose.
(26) $80,000 of the general fund--state appropriation for fiscal
year 2012, $80,000 of the general fund--state appropriation for fiscal
year 2013, and $160,000 of the general fund--federal appropriation are
provided solely to fund the Tacoma-Pierce county health department for
access and outreach activities to reduce infant mortality.
(27) $75,000 of the general fund--state appropriation for fiscal
year 2012, $75,000 of the general fund--state appropriation for fiscal
year 2013, and $150,000 of the general fund--federal appropriation are
provided solely to assist with development and implementation of
evidence-based strategies regarding the appropriate, safe, and
effective role of C-section surgeries and early induced labor in births
and neonatal care. The strategies shall be identified and implemented
in consultation with clinical research specialists, physicians,
hospitals, advanced registered nurse practitioners, and organizations
concerned with maternal and child health.
(28) $4,126,000 of the general fund--state appropriation for fiscal
year 2012, $4,268,000 of the general fund--state appropriation for
fiscal year 2013, $11,816,000 of the general fund--private/local
appropriation, and $20,207,000 of the general fund--federal
appropriation are provided solely for continued provision of
school-based medical services by means of an intergovernmental transfer
arrangement. Under the arrangement, the state shall provide forty
percent and school districts sixty percent of the nonfederal matching
funds required for receipt of federal medicaid funding for the service.
(29) $263,000 of the general fund--state appropriation for fiscal
year 2012, $88,000 of the general fund--state appropriation for fiscal
year 2013, and $351,000 of the general fund--federal appropriation are
provided solely for development and submission to the federal
government by October 1, 2011, of a demonstration project proposal as
provided in Substitute Senate Bill No. 5596 (medicaid demonstration
waiver).
(30) $19,000 of the general fund--state appropriation for fiscal
year 2012, $17,000 of the general fund--state appropriation for fiscal
year 2013, and $34,000 of the general fund--federal appropriation are
provided solely to support a partnership among the department of social
and health services, the department of health, and agencies that
deliver medical care and behavioral health services in Cowlitz county.
The partnership shall identify and recommend strategies for resolving
regulatory, licensing, data management, reporting, and funding barriers
to more effective integration of primary medical and behavioral health
care services in the county.
(31) $4,761,000 of the general fund--state appropriation for fiscal
year 2012, $4,066,000 of the general fund--state appropriation for
fiscal year 2013, and $10,902,000 of the general fund--federal
appropriation are provided solely for spoken-language interpreter
services. The authority shall develop and implement a new model for
delivery of such services no later than January 1, 2012. The model
shall include:
(a) Development by the authority in consultation with subject-area
experts of guidelines to assist medical practitioners identify the
circumstances under which it is appropriate to use telephonic or video-remote interpreting;
(b) The requirement that the state contract with delivery
organizations, including foreign language agencies, who employ or
subcontract only with language access providers or interpreters working
in the state who are certified or authorized by the state. When a
state-certified or state-authorized in-state language access provider
or interpreter is not available, the delivery organization, including
foreign language agencies, may use a provider with other certifications
or qualifications deemed to meet state standards, including
interpreters in other states; and
(c) Provision of a secure, web-based tool that medical
practitioners will use to schedule appointments for interpreter
services and to identify the most appropriate, cost-effective method of
service delivery in accordance with the state guidelines.
Nothing in this subsection affects the ability of health care
providers to provide interpretive services through employed staff or
through telephone and video remote technologies when not reimbursed
directly by the department. The amounts in this subsection do not
include federal administrative funds provided to match nonstate
expenditures by local health jurisdictions and governmental hospitals.
(32) In its procurement of contractors for delivery of medical
managed care services for nondisabled, nonelderly persons, the medical
assistance program shall (a) place substantial emphasis upon price
competition in the selection of successful bidders; and (b) not require
delivery of any services that would increase the actuarial cost of
service beyond the levels included in current healthy options
contracts.
(33) $1,430,000 of the general fund--state appropriation for fiscal
year 2012, $1,430,000 of the general fund--state appropriation for
fiscal year 2013, and $2,860,000 of the general fund--federal
appropriation are provided solely to pay federally-designated rural
health clinics their standard encounter rate for prenatal and
well-child visits, whether delivered under a managed care contract or
fee-for-service. In reconciling managed care enhancement payments for
calendar years 2009 and 2010, the department shall treat well-child and
prenatal care visits as encounters subject to the clinic's encounter
rate.
(34) The medical assistance program shall continue to purchase
power wheelchairs for all nursing home residents for whom they are
determined to be medically necessary, and shall not limit such
purchases to only those residents who are in school or employed.
(35) $280,000 of the general fund--state appropriation for fiscal
year 2012 and $282,000 of the general fund--federal appropriation are
provided solely to increase utilization management of drugs and drug
classes for which there is evidence of over-utilization, off-label use,
excessive dosing, duplicative therapy, or opportunities to shift
utilization to less expensive, equally effective formulations.
(36) $70,000 of the general fund--state appropriation for fiscal
year 2012, $70,000 of the general fund--state appropriation for fiscal
year 2013, and $140,000 of the general fund--federal appropriation are
provided solely to continue operation by a nonprofit organization of a
toll-free hotline that assists families to learn about and enroll in
the apple health for kids program.
(37) $400,000 of the general fund--state appropriation for fiscal
year 2012 and $400,000 of the general fund--state appropriation for
fiscal year 2013 is provided solely for the local outreach, case
management, and coordination with dental providers needed to execute
the access to baby and child dentistry program, which provides dental
care to Medicaid eligible children up to age six.
(38) Payments to federally qualified health centers and rural
health clinics shall be made under an alternative payment methodology,
consistent with the requirements of 42 U.S.C. Sec. 1396a(bb).
Encounter rates for clinics whose rates were rebased in 2010 shall be
their allowed cost per visit during the cost report year, as determined
by the authority, inflated each calendar year by the cumulative
percentage increase in the medicare economic index since the cost
report year. Encounter rates for clinics that did not rebase in 2010
shall be their prospective payment system rate from 2001, or from a
subsequent year to the extent that the 2001 rate was updated to account
for addition of a new clinic or type of service, inflated by the
cumulative percentage increase in the global insight Washington health
care inflator through calendar year 2007, and by the cumulative
increase in the medicare economic index from 2007 through 2011 (for the
first six months of fiscal year 2012) and through 2012 (for that
calendar year). Effective January 2013, encounter rates for clinics
whose rates were not rebased in 2010 shall be their allowed cost per
visit during cost report year 2010, inflated forward by the cumulative
increase in the medicare economic index from that year to 2013.
(39) $1,555,000 of the general fund--state appropriation for fiscal
year 2012, $1,580,000 of the general fund--state appropriation for
fiscal year 2013, and $2,171,000 of the general fund--federal
appropriation are provided solely to continue to provide dental
services to pregnant women. Services shall include preventive,
routine, and emergent dental care.
(40) $395,000 of the general fund--state appropriation for fiscal
year 2012, $395,000 of the general fund--state appropriation for fiscal
year 2013, and $790,000 of the general fund--federal appropriation are
provided solely for continued operation of the dental education in care
of persons with disabilities (DECOD) program at the University of
Washington.
(41) $112,000 of the general fund--state appropriation for fiscal
year 2012, $112,000 of the general fund--state appropriation for fiscal
year 2013, and $1,928,000 of the general fund--federal appropriation
are provided solely for the provider incentive program and other
initiatives related to the health information technology Medicaid plan.
(42) $1,373,000 of the general fund--state appropriation for fiscal
year 2012, $2,105,000 of the medicaid fraud penalty account--state
appropriation, and $3,701,000 of the general fund--federal
appropriation are provided solely for efforts to reduce Medicaid fraud
and abuse and to seek coverage or recovery from other medical payers.
(43) $2,926,000 of the general fund--local appropriation and
$2,928,000 of the general fund--federal appropriation are provided
solely to support medical airlift services.
(44) The authority shall collect data on enrollment and utilization
to study whether the expansion of family planning coverage under
Substitute Senate Bill No. 5912 is reducing state medical expenditures
by reducing unwanted pregnancies. The authority shall report its
findings to the legislature by December 1, 2012.
(45) $480,000 of the general fund--state appropriation for fiscal
year 2012, $480,000 of the general fund--state appropriation for fiscal
year 2013, and $824,000 of the general fund--federal appropriation are
provided solely for customer services staff. The authority will
attempt to improve the phone answer rate to 40 percent and reduce the
response times to written questions to ten days for clients and 25 days
for providers. The authority will report to the legislature on its
progress toward achieving these goals by January 1, 2012. If the
authority has not achieved these goals by July 1, 2012, then the
authority shall reduce expenditures on management staff in order to
increase expenditures on customer service staff until the goals are
achieved.
(46) The department shall purchase a brand name drug when it
determines that the cost of the brand name drug after rebates is less
than the cost of generic alternatives and that purchase of the brand
rather than generic version can save at least $250,000. The department
may purchase generic alternatives when changes in market prices make
the price of the brand name drug after rebates more expensive than the
generic alternatives.
(47) The department shall contract with an organization that will
use Washington state pharmacists to provide 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.
(48) All not-for-profit hospitals that apply for disproportionate
share hospital payments in accordance with RCW 74.09.730(1) shall
submit a completed copy of federal internal revenue service schedule H
for the most recently completed year to the department. The department
shall report to the appropriate fiscal and policy committees of the
legislature by December 1, 2011, with an assessment of the extent to
which information on community benefit as reported on the schedule H
would provide a more consistent and accurate measure of hospital
charity care efforts than the measures presently used by the
department.
(49) The department shall collaborate closely with the Washington
state hospital and medical associations in identification of the
diagnostic codes and retroactive review procedures that will be used to
determine whether an emergency room visit is a nonemergency condition
to assure that conditions that require emergency treatment continue to
be covered.
NEW SECTION. Sec. 214 FOR THE HUMAN RIGHTS COMMISSION
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $2,240,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $2,242,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,903,000
TOTAL APPROPRIATION . . . . . . . . . . . . $6,385,000
NEW SECTION. Sec. 215 FOR THE BOARD OF INDUSTRIAL INSURANCE
APPEALS
Worker and Community Right-to-Know Account -- State
Appropriation . . . . . . . . . . . . $10,000
Accident Account -- State Appropriation . . . . . . . . . . . . $19,685,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $19,685,000
TOTAL APPROPRIATION . . . . . . . . . . . . $39,380,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $36,000 of the accident account--state appropriation and
$36,000 of the medical aid account--state appropriation are solely
provided for Engrossed Substitute Senate Bill No. 5068 (industrial
safety and health act). If the bill is not enacted by June 30, 2011,
the amounts provided in this subsection shall lapse.
(2) $16,000 of the accident account--state appropriation and
$16,000 of the medical aid account--state appropriation are solely
provided for Substitute Senate Bill No. 5801 (industrial insurance
system). If the bill is not enacted by June 30, 2011, the amounts
provided in this subsection shall lapse.
(3) $1,893,000 of the accident account--state appropriation and
$1,893,000 of the medical aid account--state appropriation are provided
solely for implementation of House Bill No. 2123 (workers'
compensation). If the bill is not enacted by June 30, 2011, the
amounts provided in this subsection shall lapse.
NEW SECTION. Sec. 216 FOR THE CRIMINAL JUSTICE TRAINING
COMMISSION
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $15,165,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $15,140,000
General Fund--Federal Appropriation . . . . . . . . . . . . $456,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $4,048,000
Death Investigations Account -- State Appropriation . . . . . . . . . . . . $148,000
Municipal Criminal Justice Assistance Account --
State Appropriation . . . . . . . . . . . . $460,000
Washington Auto Theft Prevention Authority Account --
State Appropriation . . . . . . . . . . . . $8,597,000
TOTAL APPROPRIATION . . . . . . . . . . . . $44,014,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $5,000,000 of the general fund--state appropriation for fiscal
year 2012 and $5,000,000 of the general fund--state appropriation for
fiscal year 2013, 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.
(2) $321,000 of the general fund--local appropriation is provided
solely to purchase ammunition for the basic law enforcement academy.
Jurisdictions 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.
(3) The criminal justice training commission may not run a basic
law enforcement academy class of fewer than 30 students.
(4) $100,000 of the general fund--state appropriation for fiscal
year 2012 and $100,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for a school safety program. 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 hired after the effective
date of this section.
(5) $96,000 of the general fund--state appropriation for fiscal
year 2012 and $90,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the school safety center
within the commission. The safety center shall act as an information
dissemination and resource center when an incident occurs in a school
district in Washington or in another state, coordinate activities
relating to school safety, and review and approve manuals and curricula
used for school safety models and training. Through an interagency
agreement, the commission shall provide funding for the office of the
superintendent of public instruction to continue to develop and
maintain a school safety information web site. The school safety
center advisory committee shall develop and revise the training
program, using the best practices in school safety, for all school
safety personnel. The commission shall provide research-related
programs in school safety and security issues beneficial to both law
enforcement and schools.
(6) $1,000,000 of the general fund--state appropriation for fiscal
year 2012 and $1,000,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for grants to counties enforcing
illegal drug laws and which have been underserved by federally funded
state narcotics task forces. The Washington association of sheriffs
and police chiefs, the Washington association of prosecuting attorneys,
and the Washington association of county officials shall jointly
develop funding allocations for the offices of the county sheriff,
county prosecutor, and county clerk in qualifying counties. The
commission shall not impose an administrative cost on this program.
NEW SECTION. Sec. 217 FOR THE DEPARTMENT OF LABOR AND
INDUSTRIES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $18,605,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $19,513,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $10,100,000
Asbestos Account -- State Appropriation . . . . . . . . . . . . $395,000
Electrical License Account -- State Appropriation . . . . . . . . . . . . $37,019,000
Farm Labor Revolving Account -- Private/Local Appropriation . . . . . . . . . . . . $28,000
Worker and Community Right-to-Know Account --
State Appropriation . . . . . . . . . . . . $949,000
Public Works Administration Account -- State
Appropriation . . . . . . . . . . . . $6,814,000
Manufactured Home Installation Training Account --
State Appropriation . . . . . . . . . . . . $151,000
Accident Account -- State Appropriation . . . . . . . . . . . . $252,689,000
Accident Account -- Federal Appropriation . . . . . . . . . . . . $13,622,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $264,070,000
Medical Aid Account -- Federal Appropriation . . . . . . . . . . . . $3,186,000
Plumbing Certificate Account -- State Appropriation . . . . . . . . . . . . $1,688,000
Pressure Systems Safety Account -- State Appropriation . . . . . . . . . . . . $4,068,000
TOTAL APPROPRIATION . . . . . . . . . . . . $632,897,000
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) $50,000 of the general fund--state appropriation for fiscal
year 2012 and $50,000 of the general fund--state appropriation for
fiscal year 2013 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.
(3) $34,000 of the general fund--state appropriation for fiscal
year 2012 is provided solely for implementation of Engrossed Second
Substitute House Bill No. 1701 (contractor misclassification). If the
bill is not enacted by June 30, 2011, the amount provided in this
subsection shall lapse.
(4) $1,281,000 of the accident account--state appropriation and
$1,281,000 of the medical aid account--state appropriation are provided
solely for implementation of Engrossed Substitute House Bill No. 1725
(workers' compensation). If the bill is not enacted by June 30, 2011,
the amounts provided in this subsection shall lapse.
(5) $51,000 of the accident account--state appropriation and
$51,000 of the medical aid account--state appropriation are provided
solely for implementation of Engrossed Substitute House Bill No. 1367
(for hire vehicles, operators). If the bill is not enacted by June 30,
2011, the amounts provided in this subsection shall lapse.
(6) $8,727,000 of the medical aid account--state appropriation is
provided solely for implementation of Substitute Senate Bill No. 5801
(industrial insurance system). If the bill is not enacted by June 30,
2011, the amount provided in this subsection shall lapse.
(7) $625,000 of the general fund--state appropriation for fiscal
year 2012, $625,000 of the general fund--state appropriation for fiscal
year 2013, $1,250,000 of the public works administration account--state
appropriation, $708,000 of the accident account--state appropriation,
and $708,000 of the medical aid account--state appropriation are
provided solely for the purposes of expanding the detecting
unregistered employers targeting system and to support field staff in
investigation and enforcement. Within the funds appropriated in this
subsection, the department shall aggressively combat the underground
economy in construction. Of the amounts provided in this subsection,
$800,000 shall be used for investigation and enforcement.
(8) $8,583,000 of the accident account--state appropriation and
$18,278,000 of the medical aid account--state appropriation are
provided solely for implementation of House Bill No. 2123 (workers'
compensation). If the bill is not enacted by June 30, 2011, the
amounts provided in this subsection shall lapse.
NEW SECTION. Sec. 218 FOR THE DEPARTMENT OF VETERANS AFFAIRS
(1) HEADQUARTERS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,832,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,826,000
Charitable, Educational, Penal, and Reformatory
Institutions Account -- State Appropriation . . . . . . . . . . . . $10,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,668,000
(2) FIELD SERVICES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $5,006,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $5,001,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,704,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $4,161,000
Veterans Innovations Program Account--State
Appropriation . . . . . . . . . . . . $812,000
Veteran Estate Management Account--Private/Local
Appropriation . . . . . . . . . . . . $1,083,000
TOTAL APPROPRIATION . . . . . . . . . . . . $18,767,000
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) $821,000 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.
(3) INSTITUTIONAL SERVICES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,693,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $903,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $56,141,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $33,630,000
TOTAL APPROPRIATION . . . . . . . . . . . . $92,367,000
NEW SECTION. Sec. 219 FOR THE DEPARTMENT OF HEALTH
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $80,370,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $80,177,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $533,065,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $148,386,000
Hospital Data Collection Account -- State Appropriation . . . . . . . . . . . . $214,000
Health Professions Account -- State Appropriation . . . . . . . . . . . . $94,505,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $604,000
Emergency Medical Services and Trauma Care Systems
Trust Account -- State Appropriation . . . . . . . . . . . . $12,302,000
Safe Drinking Water Account -- State Appropriation . . . . . . . . . . . . $4,480,000
Drinking Water Assistance Account -- Federal
Appropriation . . . . . . . . . . . . $22,884,000
Waterworks Operator Certification -- State
Appropriation . . . . . . . . . . . . $1,532,000
Drinking Water Assistance Administrative Account --
State Appropriation . . . . . . . . . . . . $326,000
Site Closure Account--State Appropriation . . . . . . . . . . . . $349,000
Biotoxin Account--State Appropriation . . . . . . . . . . . . $1,167,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $3,649,000
Medical Test Site Licensure Account -- State
Appropriation . . . . . . . . . . . . $2,321,000
Youth Tobacco Prevention Account -- State Appropriation . . . . . . . . . . . . $1,512,000
Community and Economic Development Fee Account--State
Appropriation . . . . . . . . . . . . $596,000
Public Health Supplemental Account -- Private/Local
Appropriation . . . . . . . . . . . . $3,598,000
Accident Account -- State Appropriation . . . . . . . . . . . . $297,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $50,000
Tobacco Prevention and Control Account -- State
Appropriation . . . . . . . . . . . . $4,037,000
TOTAL APPROPRIATION . . . . . . . . . . . . $996,421,000
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 2012 as
necessary to meet the actual costs of conducting business and the
appropriation levels in this section. This authorization applies to
fees required for: The review of health care facility construction;
review of health facility requests for certificate of need; the
regulation and inspection of farm worker housing, hospital licensing,
in-home health service agencies, and producers of radioactive waste;
the regulation and inspection of shellfish sanitary control, surgical
facility licensing, and; fees associated with the following
professions: Dieticians and nutritionists, occupational therapists,
pharmacy, veterinarian, orthotics and prosthetics, surgical
technicians, nursing home administrators, health care assistants,
hearing and speech, psychology, hypnotherapy, chiropractic, social
workers, physicians, and physician assistants.
(3) $1,969,000 of the health professions account--state
appropriation is provided solely to implement online licensing for
health care providers. The department must submit a detailed
investment plan for this project to the office of financial management.
The office of financial management must review and approve this plan
before funding may be expended. The department of health must
successfully implement online application and renewal for at least one
profession as a pilot project before pursuing additional professions.
The department must report to the office of financial management on the
outcome of the pilot project.
(4) $16,000 of the health professions account--state appropriation
is provided solely for the implementation of House Bill No. 1181 (board
of naturopathy). If the bill is not enacted by June 30, 2011, the
amount provided in this subsection shall lapse.
(5) $21,000 of the health professions account--state appropriation
is provided solely for the implementation of Substitute House Bill No.
1304 (health care assistants). If the bill is not enacted by June 30,
2011, the amount provided in this subsection shall lapse.
(6) $54,000 of the health professions account--state appropriation
is provided solely for the implementation of House Bill No. 1353
(pharmacy technicians). If the bill is not enacted by June 30, 2011,
the amount provided in this subsection shall lapse.
(7) $142,000 of the health professions account--state appropriation
is provided solely for the implementation of Engrossed Substitute
Senate Bill No. 5020 (social workers). If the bill is not enacted by
June 30, 2011, the amount provided in this subsection shall lapse.
(8) $336,000 of the health professions account--state appropriation
is provided solely for the implementation of Senate Bill No. 5480
(physicians and physician assistants). If the bill is not enacted by
June 30, 2011, the amount provided in this subsection shall lapse.
(9) $46,000 of the health professions account--state appropriation
is provided solely for the implementation of Substitute Senate Bill No.
5071 (online access for midwives and marriage and family therapists).
If the bill is not enacted by June 30, 2011, the amount provided in
this subsection shall lapse.
(10) $137,000 of the health professions account--state
appropriation is provided solely for implementation of Substitute House
Bill No. 1133 (massage practitioner license). If the bill is not
enacted by June 30, 2011, the amount provided in this subsection shall
lapse.
(11) $1,670,000 of the safe drinking water account--state
appropriation is provided solely for implementation of Substitute House
Bill No. 1468 (public water system permits). If the bill is not
enacted by June 30, 2011, the amount provided in this subsection shall
lapse.
(12) $85,000 of the general fund--state appropriation for fiscal
year 2012 and $85,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the developmental disabilities
council to contract for a family-to-family mentor program to provide
information and support to families and guardians of persons who are
transitioning out of residential habilitation centers. To the maximum
extent allowable under federal law, these funds shall be matched under
medicaid through the department of social and health services and
federal funds shall be transferred to the department for the purposes
stated in this subsection. If Second Substitute Senate Bill No. 5459
(people with developmental disabilities) is not enacted by June 30,
2011, the amounts provided in this subsection shall lapse.
(13) $57,000 of the general fund--state appropriation for fiscal
year 2012 and $58,000 of the general fund--state appropriation for
fiscal year 2013 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, except from online access to HEAL-WA. The department shall convene the midwifery advisory committee on
a quarterly basis to address issues related to licensed midwifery.
(14) The department shall coordinate the collection of data among
identified state agencies and, by November 15, 2011, provide a report
to the legislature regarding food procurement costs to inform state
food purchasing decisions. The data shall include food procurement
costs for fiscal year 2011: For the department of health on behalf of
its employees and stakeholders; for the department of corrections and
the department of social and health services regarding meals and other
food served to both residential and nonresidential clients; and for the
department of services for the blind for vending machine services and
on-site food and beverage vending services.
(15) $118,000 of the general fund--state appropriation for fiscal
year 2012 and $118,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for prevention of youth suicides.
(16) $87,000 of the general fund--state appropriation for fiscal
year 2012 and $87,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the senior falls prevention
program.
(17) $4,000,000 of the tobacco prevention and control account--state appropriation is provided solely for tobacco use prevention and
treatment. The department's prevention and treatment program shall
include efforts that target those most at risk of engaging in tobacco
usage, including contracts with community programs to reach underserved
and hard to reach populations with smoking rates higher than the state
average. If Substitute Senate Bill No. 5542 (cigar
lounges/tobacconists) is not enacted by June 30, 2011, the amount
provided in this subsection shall lapse.
NEW SECTION. Sec. 220 FOR THE DEPARTMENT OF CORRECTIONS
(1) ADMINISTRATION AND SUPPORT SERVICES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $54,895,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $54,044,000
TOTAL APPROPRIATION . . . . . . . . . . . . $108,939,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) $35,000 of the general fund--state appropriation for fiscal
year 2012 and $35,000 of the general fund--state appropriation for
fiscal year 2013 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.
(b) By October 1, 2011, the department shall compile and submit to
the department of health data regarding food procurement costs for
fiscal year 2011 regarding meals and other food for both residential
and nonresidential clients, including the percentage of food purchased
from Washington sources. The data shall be reported by setting and
population, including costs per client, and be accompanied by the
department's current food purchasing policies and standards.
(2) CORRECTIONAL OPERATIONS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $612,803,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $577,647,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $3,398,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $2,336,000
Washington Auto Theft Prevention Authority Account--
State Appropriation . . . . . . . . . . . . $14,079,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,210,263,000
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) During the 2011-13 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.
(c) 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.
(d) $102,000 of the general fund--state appropriation for fiscal
year 2012 and $102,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely to implement House Bill No. 1290
(health care employee overtime). If the bill is not enacted by June
30, 2011, the amounts provided in this subsection shall lapse.
(e) $32,000 of the general fund--state appropriation for fiscal
year 2012 and $33,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely to implement Substitute House Bill
No. 1718 (offenders with developmental disabilities). If the bill is
not enacted by June 30, 2011, the amounts provided in this subsection
shall lapse.
(f) The department of corrections shall contract with local and
tribal governments for the provision of jail capacity to house
offenders. A contract shall not have a cost of incarceration in excess
of $85 per day per offender. A contract shall not have a year-to-year
increase in excess of three percent per year. The contracts may
include rates for the medical care of offenders which exceed the daily
cost of incarceration and the limitation on year-to-year increase,
provided that medical payments conform to the department's offender
health plan, pharmacy formulary, and all off-site medical expenses are
preapproved by department utilization management staff.
(3) COMMUNITY SUPERVISION
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $128,403,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $124,709,000
TOTAL APPROPRIATION . . . . . . . . . . . . $253,112,000
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) $875,000 of the general fund--state appropriation for fiscal
year 2012 is provided solely to implement Engrossed Substitute House
Bill No. 5891 (criminal justice cost savings). If the bill is not
enacted by June 30, 2011, the amount provided in this subsection shall
lapse.
(4) CORRECTIONAL INDUSTRIES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $3,598,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $3,589,000
TOTAL APPROPRIATION . . . . . . . . . . . . $7,187,000
The appropriations in this subsection are subject to the following
conditions and limitations: $132,000 of the general fund--state
appropriation for fiscal year 2012 and $132,000 of the general
fund--state appropriation for fiscal year 2013 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 2012) . . . . . . . . . . . . $39,765,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $36,035,000
TOTAL APPROPRIATION . . . . . . . . . . . . $75,800,000
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.
(c) The department shall reduce payments to the department of
information services or its successor by $213,000 in fiscal year 2012
and by $1,150,000 in fiscal year 2013. The reduction in payment shall
be related to the elimination of the offender base tracking system,
including moving remaining portions of the offender base tracking
system into the offender management network information system.
NEW SECTION. Sec. 221 FOR THE DEPARTMENT OF SERVICES FOR THE
BLIND
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $2,278,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $2,264,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $19,082,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $30,000
TOTAL APPROPRIATION . . . . . . . . . . . . $23,654,000
The appropriations in this subsection are subject to the following
conditions and limitations: By October 1, 2011, the department shall
compile and submit to the department of health data regarding food
procurement costs for fiscal year 2011 regarding vending machine
services and on-site food and beverage vending services. The data
shall be reported by location and type and be accompanied by the
department's food purchasing policies and standards.
NEW SECTION. Sec. 222 FOR THE EMPLOYMENT SECURITY DEPARTMENT
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $43,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $26,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $267,328,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $33,937,000
Unemployment Compensation Administration Account --
Federal Appropriation . . . . . . . . . . . . $359,598,000
Administrative Contingency Account -- State Appropriation . . . . . . . . . . . . $20,429,000
Employment Service Administrative Account -- State
Appropriation . . . . . . . . . . . . $33,738,000
TOTAL APPROPRIATION . . . . . . . . . . . . $715,099,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(1) $39,666,000 of the unemployment compensation administration
account--federal appropriation is from amounts made available to the
state by section 903 (d), (f), and (g) of the social security act (Reed
act). This amount is provided solely for continuing current
unemployment insurance functions and department services to employers
and job seekers.
(2) $35,584,000 of the unemployment compensation administration
account--federal appropriation is from amounts made available to the
state by section 903 (d), (f), and (g) of the social security act (Reed
act). This amount is provided solely for the replacement of the
unemployment insurance tax information system for the employment
security department. The employment security department shall support
the department of revenue and department of labor and industries to
develop a common vision to ensure technological compatibility between
the three agencies to facilitate a coordinated business tax system for
the future that improves services to business customers. The amounts
provided in this subsection are conditioned on the department
satisfying the requirements of the project management oversight
standards and policies established by the office of the chief
information officer created in Engrossed Substitute Senate Bill No.
5931 (information technology management).
(3) $25,000 of the unemployment compensation administration
account--federal appropriation is from amounts made available to the
state by section 903 (d), (f), and (g) of the social security act (Reed
act). This amount is provided solely for implementation of system
changes to the unemployment insurance tax information system required
under chapter 4, Laws of 2011 (unemployment insurance program).
(4) $1,459,000 of the unemployment compensation administration
account--federal appropriation is from amounts available to the state
by section 903 (d), (f), and (g) of the social security act (Reed act).
This amount is provided solely for implementation of chapter 4, Laws of
2011 (unemployment insurance program).
(5) $60,000 of the unemployment compensation administration
account--federal appropriation is provided solely for costs associated
with the initial review and evaluation of the training benefits program
as directed in section 15(2), chapter 4, Laws of 2011 (unemployment
insurance program). The initial review shall be developed by the joint
legislative audit and review committee. This appropriation is provided
from funds made available to the state by section 903 (d), (f), and (g)
of the social security act (Reed act).
NEW SECTION. Sec. 301 FOR THE COLUMBIA RIVER GORGE COMMISSION
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $364,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $16,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $386,000
TOTAL APPROPRIATION . . . . . . . . . . . . $766,000
The appropriations in this section are subject to the following
conditions and limitations: The appropriations in this section are for
fiscal year 2012. Appropriations for fiscal year 2013 are contained in
section 302 of this act.
NEW SECTION. Sec. 302 FOR THE DEPARTMENT OF ECOLOGY
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $49,002,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $47,789,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $77,467,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $17,005,000
Special Grass Seed Burning Research Account -- State
Appropriation . . . . . . . . . . . . $3,000
Reclamation Revolving Account -- State Appropriation . . . . . . . . . . . . $3,642,000
Flood Control Assistance Account -- State Appropriation . . . . . . . . . . . . $1,940,000
State Emergency Water Projects Revolving Account -- State
Appropriation . . . . . . . . . . . . $270,000
Waste Reduction/Recycling/Litter Control -- State
Appropriation . . . . . . . . . . . . $11,475,000
State Drought Preparedness Account -- State Appropriation . . . . . . . . . . . . $118,000
State and Local Improvements Revolving Account
(Water Supply Facilities) -- State Appropriation . . . . . . . . . . . . $423,000
Freshwater Aquatic Algae Control Account -- State
Appropriation . . . . . . . . . . . . $509,000
Water Rights Tracking System Account -- State Appropriation . . . . . . . . . . . . $46,000
Site Closure Account -- State Appropriation . . . . . . . . . . . . $354,000
Wood Stove Education and Enforcement Account -- State
Appropriation . . . . . . . . . . . . $612,000
Worker and Community Right-to-Know Account -- State
Appropriation . . . . . . . . . . . . $1,668,000
Water Rights Processing Account -- State Appropriation . . . . . . . . . . . . $136,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $112,512,000
State Toxics Control Account -- Private/Local
Appropriation . . . . . . . . . . . . $968,000
Local Toxics Control Account -- State Appropriation . . . . . . . . . . . . $27,384,000
Water Quality Permit Account -- State Appropriation . . . . . . . . . . . . $37,730,000
Underground Storage Tank Account -- State Appropriation . . . . . . . . . . . . $3,251,000
Biosolids Permit Account -- State Appropriation . . . . . . . . . . . . $1,805,000
Hazardous Waste Assistance Account -- State Appropriation . . . . . . . . . . . . $5,854,000
Air Pollution Control Account -- State Appropriation . . . . . . . . . . . . $2,468,000
Oil Spill Prevention Account -- State Appropriation . . . . . . . . . . . . $5,563,000
Air Operating Permit Account -- State Appropriation . . . . . . . . . . . . $2,744,000
Freshwater Aquatic Weeds Account -- State Appropriation . . . . . . . . . . . . $1,700,000
Oil Spill Response Account -- State Appropriation . . . . . . . . . . . . $7,076,000
Metals Mining Account -- State Appropriation . . . . . . . . . . . . $14,000
Pollution Liability Insurance Account--State
Appropriation . . . . . . . . . . . . $333,000
Water Pollution Control Revolving Account -- State
Appropriation . . . . . . . . . . . . $611,000
Water Pollution Control Revolving Account -- Federal
Appropriation . . . . . . . . . . . . $2,517,000
TOTAL APPROPRIATION . . . . . . . . . . . . $424,989,000
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) Pursuant to RCW 43.135.055, the department is authorized to
increase the following fees as necessary to meet the actual costs of
conducting business and the appropriation levels in this section:
Wastewater discharge permit, not more than 4.34 percent in fiscal year
2012 and 4.62 percent in fiscal year 2013; biosolids permit fee, not
more than 10 percent during the biennium; and air contaminate source
registration fee, not more than 36 percent during the biennium; and dam
safety and inspection fees, not more than 35 percent in fiscal year
2012 and 4.62 percent in fiscal year 2013.
(3) If Substitute House Bill No. 1294 (Puget Sound corps) is not
enacted by June 30, 2011, $322,000 of the general fund--state
appropriation for fiscal year 2012 and $322,000 of the general fund--state appropriation for fiscal year 2013 shall be transferred to the
department of natural resources.
(4) $463,000 of the state toxics control account--state
appropriation is provided solely for implementation of Engrossed Second
Substitute House Bill No. 1186 (state's oil spill program). If the
bill is not enacted by June 30, 2011, the amount provided in this
subsection shall lapse.
(5) The department may not spend waste reduction, recycling, and
litter control account funds to support the following activities: The
beyond waste plan, work on national solid waste recycling issues, work
on construction and demolition recycling and green building
alternatives, education programs including the green schools
initiative, and management of the 1-800-recycle hotline and database on
school awards. Waste reduction, recycling, and litter account control
funds must be prioritized to support litter pickup using correctional
crews, regulatory programs, and technical assistance to local
governments.
(6) The department shall make every possible effort through its
existing statutory authorities to obtain federal funding for public
participation grants regarding the Hanford nuclear reservation and
associated properties and facilities. Such federal funding shall not
limit the total state funding authorized under this section for public
participation grants made pursuant to RCW 70.105D.070(5), but the
amount of any individual grant from such federal funding shall be
offset against any grant award amount to an individual grantee from
state funds under RCW 70.105D.070(5).
(7) The department shall review its water rights application review
procedures to simplify the procedures, eliminate unnecessary steps, and
decrease the time required to issue decisions. The department shall
implement changes to improve water rights processing for which it has
current administrative authority. The department shall report on
reforms implemented and efficiencies achieved as demonstrated through
enhanced permit processing to the appropriate committees of the
legislature on December 1, 2011, and October 1, 2012.
(a) The department shall consult with key stakeholders on statutory
barriers to efficient water rights processing and effective water
management, including identification of obsolete, confusing, or
conflicting statutory provisions. The department shall report
stakeholder recommendations to appropriate committees of the
legislature by December 1, 2011, and October 1, 2012.
(b) $500,000 of the general fund--state appropriation for fiscal
year 2013 is provided solely for processing water right permit
applications only if the department of ecology issues at least five
hundred water right decisions in fiscal year 2012, and if the
department of ecology does not issue at least five hundred water right
decisions in fiscal year 2012 the amount provided in this subsection
shall lapse and remain unexpended. The department of ecology shall
submit a report to the office of financial management and the state
treasurer by June 30, 2012, that documents whether five hundred water
right decisions were issued in fiscal year 2012.
(c) The department shall maintain an ongoing accounting of water
right applications received and acted on and shall post that
information to the department's internet site.
(8) Appropriations for fiscal year 2013 are included for
consolidation of the Columbia river gorge commission and the pollution
liability insurance agency into the department of ecology.
(9) Appropriations for fiscal year 2013 are included for
consolidation of the department of health's reclaimed water program
into the department of ecology.
(10) The appropriations in this section for the low-level
radioactive waste site use permit program are for fiscal year 2012.
Appropriations for fiscal year 2013 are contained in section 221 of
this act.
(11) $1,075,000 of the general fund--state appropriation for fiscal
year 2012 and $1,075,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for processing the backlog of
pending water rights permit applications in the water resources
program.
NEW SECTION. Sec. 303 FOR THE STATE PARKS AND RECREATION
COMMISSION
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $8,955,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $8,379,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $5,905,000
Winter Recreation Program Account -- State Appropriation . . . . . . . . . . . . $1,761,000
ORV and Nonhighway Vehicle Account -- State Appropriation . . . . . . . . . . . . $224,000
Snowmobile Account -- State Appropriation . . . . . . . . . . . . $4,848,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $363,000
Parks Renewal and Stewardship Account -- State
Appropriation . . . . . . . . . . . . $115,779,000
Parks Renewal and Stewardship Account -- Private/Local
Appropriation . . . . . . . . . . . . $300,000
TOTAL APPROPRIATION . . . . . . . . . . . . $146,514,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $8,876,000 of the general fund--state appropriation for fiscal
year 2012 and $8,300,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely to assist state parks in its
implementation of a new fee structure. The goal of this structure is
to make the parks system self-supporting. By August 1, 2012, state
parks must submit a report to the office of financial management
detailing its progress toward this goal and outlining any additional
statutory changes needed for successful implementation.
(2) $79,000 of the general fund--state appropriation for fiscal
year 2012 and $79,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for a grant for the operation of
the Northwest avalanche center.
(3) $53,928,000 of the parks renewal and stewardship account--state
appropriation is provided solely for implementation of Second
Substitute Senate Bill No. 5622 (state land recreation access). If the
bill is not enacted by June 30, 2011, the amount provided in this
subsection shall lapse.
(4) During the 2011-2013 fiscal biennium, the commission shall not
expend state moneys to purchase or acquire lands other than those
called for in Senate Bill No. 5467 or House Bill No. 1497.
(5) Prior to closing any state park, the commission must notify all
affected local governments and relevant nonprofit organizations of the
intended closure and provide an opportunity for the notified local
governments and nonprofit organizations to elect to acquire, or enter
into, a maintenance and operating contract with the commission that
would allow the park to remain open.
NEW SECTION. Sec. 304 FOR THE RECREATION AND CONSERVATION
FUNDING BOARD
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $953,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $972,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $3,299,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $274,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $278,000
Vessel Response Account--State Appropriation . . . . . . . . . . . . $100,000
Firearms Range Account -- State Appropriation . . . . . . . . . . . . $37,000
Recreation Resources Account -- State Appropriation . . . . . . . . . . . . $2,874,000
NOVA Program Account -- State Appropriation . . . . . . . . . . . . $900,000
TOTAL APPROPRIATION . . . . . . . . . . . . $9,687,000
The appropriations in this section are subject to the following
conditions and limitations: $40,000 of the general fund--federal
appropriation, $24,000 of the general fund--private/local
appropriation, $100,000 of the vessel response account--state
appropriation, and $12,000 of the recreation resources account--state
appropriation are provided solely for House Bill No. 1413 (invasive
species council). If the bill is not enacted by June 30, 2011, the
amounts provided in this subsection shall lapse.
NEW SECTION. Sec. 305 FOR THE ENVIRONMENTAL AND LAND USE
HEARINGS OFFICE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $2,419,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $2,422,000
TOTAL APPROPRIATION . . . . . . . . . . . . $4,841,000
NEW SECTION. Sec. 306 FOR THE CONSERVATION COMMISSION
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $6,790,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $6,793,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,301,000
TOTAL APPROPRIATION . . . . . . . . . . . . $14,884,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The conservation commission, in cooperation with all
conservation districts, will seek to minimize conservation district
overhead costs. These efforts may include consolidating conservation
districts.
(2) $122,000 of the general fund--federal appropriation is provided
solely for Engrossed Substitute House Bill No. 1886 (Ruckelshaus center
process). If the bill is not enacted by June 30, 2011, the amount
provided in this subsection shall lapse.
NEW SECTION. Sec. 307 FOR THE DEPARTMENT OF FISH AND WILDLIFE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $35,721,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $33,666,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $105,717,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $50,711,000
ORV and Nonhighway Vehicle Account -- State Appropriation . . . . . . . . . . . . $391,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $6,856,000
Recreational Fisheries Enhancement -- State Appropriation . . . . . . . . . . . . $3,550,000
Warm Water Game Fish Account -- State Appropriation . . . . . . . . . . . . $3,051,000
Eastern Washington Pheasant Enhancement Account -- State
Appropriation . . . . . . . . . . . . $849,000
Aquatic Invasive Species Enforcement Account -- State
Appropriation . . . . . . . . . . . . $204,000
Aquatic Invasive Species Prevention Account -- State
Appropriation . . . . . . . . . . . . $719,000
State Wildlife Account -- State Appropriation . . . . . . . . . . . . $100,169,000
Special Wildlife Account -- State Appropriation . . . . . . . . . . . . $2,384,000
Special Wildlife Account -- Federal Appropriation . . . . . . . . . . . . $3,428,000
Special Wildlife Account -- Private/Local Appropriation . . . . . . . . . . . . $487,000
Wildlife Rehabilitation Account -- State Appropriation . . . . . . . . . . . . $259,000
Regional Fisheries Enhancement Salmonid Recovery
Account -- Federal Appropriation . . . . . . . . . . . . $5,001,000
Oil Spill Prevention Account -- State Appropriation . . . . . . . . . . . . $887,000
Oyster Reserve Land Account -- State Appropriation . . . . . . . . . . . . $921,000
TOTAL APPROPRIATION . . . . . . . . . . . . $354,971,000
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 2012 and $355,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the department to continue 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 2013-2015 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) $400,000 of the general fund -- state appropriation for fiscal
year 2012 and $400,000 of the general fund--state appropriation for
fiscal year 2013 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.
(5) $50,000 of the general fund -- state appropriation for fiscal
year 2012 and $50,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for removal of derelict gear in
Washington waters.
(6) $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.
(7) 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.
(8) By September 1, 2011, the department shall update its
interagency agreement dated September 30, 2010, with the department of
natural resources concerning land management services on the department
of fish and wildlife's wildlife conservation and recreation lands. The
update shall include rates and terms for services.
(9) 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.
(10) $18,514,000 of the state wildlife account--state appropriation
is provided solely for the implementation of Second Substitute Senate
Bill No. 5385 (state wildlife account). If the bill is not enacted by
June 30, 2011, the amount provided in this subsection shall lapse.
(11) $9,418,000 of the state wildlife account--state appropriation
is provided solely for the implementation of Second Substitute Senate
Bill No. 5622 (state land recreation access). If the bill is not
enacted by June 30, 2011, the amount provided in this subsection shall
lapse.
(12) During the 2011-2013 fiscal biennium, the department shall not
expend state moneys to purchase or acquire additional lands other than
those called for in Senate Bill No. 5467 (capital budget) or House Bill
No. 1497 (capital budget).
NEW SECTION. Sec. 308 FOR THE DEPARTMENT OF NATURAL RESOURCES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $33,856,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $35,057,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $27,919,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $2,374,000
Forest Development Account -- State Appropriation . . . . . . . . . . . . $41,507,000
ORV and Nonhighway Vehicle Account -- State Appropriation . . . . . . . . . . . . $4,387,000
Surveys and Maps Account -- State Appropriation . . . . . . . . . . . . $2,346,000
Aquatic Lands Enhancement Account -- State
Appropriation . . . . . . . . . . . . $7,218,000
Resources Management Cost Account -- State
Appropriation . . . . . . . . . . . . $81,800,000
Surface Mining Reclamation Account -- State
Appropriation . . . . . . . . . . . . $3,484,000
Disaster Response Account -- State Appropriation . . . . . . . . . . . . $5,000,000
Forest and Fish Support Account -- State Appropriation . . . . . . . . . . . . $7,933,000
Aquatic Land Dredged Material Disposal Site
Account -- State Appropriation . . . . . . . . . . . . $838,000
Natural Resources Conservation Areas Stewardship
Account -- State Appropriation . . . . . . . . . . . . $34,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $80,000
Air Pollution Control Account -- State Appropriation . . . . . . . . . . . . $1,319,000
NOVA Program Account -- State Appropriation . . . . . . . . . . . . $639,000
Derelict Vessel Removal Account -- State Appropriation . . . . . . . . . . . . $1,761,000
Agricultural College Trust Management Account -- State
Appropriation . . . . . . . . . . . . $1,854,000
TOTAL APPROPRIATION . . . . . . . . . . . . $259,406,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $977,000 of the general fund -- state appropriation for fiscal
year 2012 and $915,000 of the general fund -- state appropriation for
fiscal year 2013 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) $10,037,000 of the general fund -- state appropriation for fiscal
year 2012, $10,037,000 of the general fund -- state appropriation for
fiscal year 2013, 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) $4,000,000 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) $333,000 of the forest and fish support account--state
appropriation is provided solely for adaptive management, monitoring,
and participation grants to nongovernmental organizations.
(5) $487,000 of the general fund--state appropriation is provided
solely to fund interagency agreements with the department of ecology
and the department of fish and wildlife as part of the adaptive
management process.
(6) $1,000,000 of the general fund--federal appropriation and
$1,000,000 of the forest and fish support account--state appropriation
are 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.
(7) The department is authorized to increase the silviculture
burning permit fee in the 2011-2013 biennium by up to eighty dollars
plus fifty cents per ton for each ton of material burned in excess of
one hundred tons.
(8) $440,000 of the state general fund -- state appropriation for
fiscal year 2012 and $440,000 of the state general fund -- state
appropriation for fiscal year 2013 are provided solely for forest work
crews that support correctional camps and are contingent upon
continuing operations of Naselle youth camp.
(9) By September 1, 2011, the department shall update its
interagency agreement dated September 30, 2010, with the department of
fish and wildlife concerning land management services on the department
of fish and wildlife's wildlife conservation and recreation lands. The
update shall include rates and terms for services.
(10)(a) The department shall convene the marine rents review
committee so that the committee can recommend to the legislature
alternative methods of calculating rents for marinas occupying
state-owned aquatic lands. The committee must explore ways to refine
and improve the averaging method for calculating rents for marinas as
generally described in Senate Bill No. 5550 (marina annual rent rates);
examine current methodologies; address significant fluctuations in
assessed value among similarly sized and situated properties; and
explore how marina rents in similar regional marina markets can affect
market conditions for marinas. The department shall also consider
expanding representation and stakeholder outreach on the committee,
based on recommendations of existing committee members. The department
is authorized to use independent facilitators and outside parties to
partner in the committee's efforts. Recommendations provided by the
committee must meet these minimum requirements:
(i) Provide more equitable treatment of marina lessees through
similar lease rates for similar uses in similar markets or geographic
locations;
(ii) Minimize administrative burdens to the department;
(iii) Be designed with strategies to be revenue neutral or positive
to the state over a time frame agreeable to the department.
(b) The committee shall strive for unanimous agreement in its
recommendations. In the absence of a unanimous agreement, a vote may
be taken to assess preferences and majority and minority views, and
recommendations must be reported to the legislature by December 1,
2011, consistent with RCW 43.01.036.
(11) Within the funds provided in this section, the department of
natural resources must prepare recommendations, delivered to the
legislature by October 31, 2011, consistent with RCW 43.01.036, for
increases in fees under chapter 76.09 RCW with the goal of making the
department's forest practices division completely fee supported. In
developing the recommendations, the department must involve the
participation of a broad range of affected stakeholders and interested
parties.
NEW SECTION. Sec. 309 FOR THE DEPARTMENT OF AGRICULTURE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $15,729,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $15,371,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $22,925,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $190,000
Aquatic Lands Enhancement Account -- State
Appropriation . . . . . . . . . . . . $2,074,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $5,116,000
Water Quality Permit Account -- State Appropriation . . . . . . . . . . . . $60,000
TOTAL APPROPRIATION . . . . . . . . . . . . $61,465,000
The appropriations in this section are subject to the following
conditions and limitations: $5,308,445 of the general fund--state
appropriation for fiscal year 2012 and $5,302,905 of the general fund--state appropriation for fiscal year 2013 are provided solely for
implementing the food assistance program as defined in RCW 43.23.290.
NEW SECTION. Sec. 310 FOR THE WASHINGTON POLLUTION LIABILITY
INSURANCE PROGRAM
Pollution Liability Insurance Program Trust
Account -- State Appropriation . . . . . . . . . . . . $335,000
The appropriations in this section are subject to the following
conditions and limitations: The appropriations in this section are for
fiscal year 2012. Appropriations for fiscal year 2013 are contained in
section 302 of this act.
NEW SECTION. Sec. 311 FOR THE PUGET SOUND PARTNERSHIP
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $2,545,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $2,520,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $9,581,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $25,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $493,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $665,000
TOTAL APPROPRIATION . . . . . . . . . . . . $15,829,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $706,000 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.
(2) 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.
NEW SECTION. Sec. 312 FOR THE DEPARTMENT OF AGRICULTURE, THE
DEPARTMENT OF ECOLOGY, AND THE STATE CONSERVATION COMMISSION
(1) The directors of the department of agriculture, the department
of ecology, and the conservation commission shall coordinate a process
to examine the issue of achieving the state's water quality objectives
relating to livestock operations. The directors shall determine what
personnel are assigned to this activity and may provide oversight to
the process. In implementing this process, the directors shall involve
representatives of involved agencies, stakeholders, and tribes. The
topics to be considered include:
(a) The appropriate background and training for personnel that
conduct inspections of and provide technical assistance to livestock
operators and whether personnel need to be specifically trained and
assigned to serve this function;
(b) The roles and relationships between technical assistance,
inspection, and enforcement, and the concept of customer service;
(c) The use, availability, and limitations of DNA testing as a
water quality diagnosis tool and the recommendation of water quality
testing protocols needed for livestock operations investigations;
(d) The availability and constraints of state and federal programs
for planning, installation, maintenance of conservation and pollution
control practices, and review of alternative practices;
(e) The extent of known water quality problems relating to
livestock operations;
(f) Best methods to achieve state water quality objectives in the
context of a system that includes both regulatory and incentive-based
approaches;
(g) A review of considerations used to determine water quality
standards, including those applicable to the shellfish industry; and
(h) The availability of state and federal funding and whether it is
being appropriately allocated.
(2) The directors identified in subsection (1) of this section
shall develop recommendations for the administration and improvement of
the program, including recommendations on the use of DNA technology.
The directors shall provide a written summary of the activities and
recommendations to the legislature and the governor by December 1,
2011.
(3) The activities under this section must be completed to the
extent feasible from within existing fiscal resources available to the
involved state agencies.
(4) This section expires December 31, 2011.
NEW SECTION. Sec. 401 FOR THE DEPARTMENT OF LICENSING
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,265,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,508,000
Architects' License Account -- State Appropriation . . . . . . . . . . . . $1,084,000
Professional Engineers' Account -- State
Appropriation . . . . . . . . . . . . $3,524,000
Real Estate Commission Account -- State Appropriation . . . . . . . . . . . . $9,843,000
Uniform Commercial Code Account -- State Appropriation . . . . . . . . . . . . $3,126,000
Real Estate Education Account -- State Appropriation . . . . . . . . . . . . $276,000
Real Estate Appraiser Commission Account -- State
Appropriation . . . . . . . . . . . . $1,687,000
Business and Professions Account -- State Appropriation . . . . . . . . . . . . $15,646,000
Real Estate Research Account -- State Appropriation . . . . . . . . . . . . $622,000
Geologists' Account -- State Appropriation . . . . . . . . . . . . $51,000
Derelict Vessel Removal Account -- State Appropriation . . . . . . . . . . . . $31,000
TOTAL APPROPRIATION . . . . . . . . . . . . $38,663,000
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 collection agencies. This increase is necessary to
support the expenditures authorized in this section, consistent with
RCW 43.24.086.
(2) $8,000 of the business and professions account--state
appropriation is provided solely to implement Substitute Senate Bill
No. 5574 (collection agencies).
(3) $54,000 of the business and professions account--state
appropriation is provided solely to implement Substitute House Bill No.
1205 (court reporter licensing). If the bill is not enacted by June
30, 2011, the amount provided in this subsection shall lapse.
(4) Pursuant to Substitute House Bill No. 2017 (master license
program), all powers, duties, and functions of the master license
service program, including all related resources, are transferred from
the department of licensing to the department of revenue effective July
1, 2011. If the transfer is not complete by the effective date, the
department of licensing will absorb any associated cost overruns
through the department's general fund--state appropriation.
NEW SECTION. Sec. 402 FOR THE STATE PATROL
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $38,921,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $36,578,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $16,081,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $3,021,000
Death Investigations Account -- State Appropriation . . . . . . . . . . . . $5,572,000
County Criminal Justice Assistance Account -- State
Appropriation . . . . . . . . . . . . $3,215,000
Municipal Criminal Justice Assistance Account -- State
Appropriation . . . . . . . . . . . . $1,290,000
Fire Service Trust Account -- State Appropriation . . . . . . . . . . . . $131,000
Disaster Response Account -- State Appropriation . . . . . . . . . . . . $8,002,000
Fire Service Training Account -- State Appropriation . . . . . . . . . . . . $9,010,000
Aquatic Invasive Species Enforcement Account -- State
Appropriation . . . . . . . . . . . . $54,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $505,000
Fingerprint Identification Account -- State
Appropriation . . . . . . . . . . . . $8,788,000
Vehicle License Fraud Account--State Appropriation . . . . . . . . . . . . $339,000
TOTAL APPROPRIATION . . . . . . . . . . . . $131,507,000
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) $400,000 of the fire service training account--state
appropriation is provided solely for the firefighter apprenticeship
training program.
(4) In accordance with RCW 43.43.742 the state patrol is authorized
to increase the following fees in fiscal year 2012 as necessary to meet
the actual costs of conducting business and the appropriation levels in
this section: Notary service fee.
(5) $59,000 of the fingerprint identification account--state
appropriation is provided solely for implementation of Engrossed Second
Substitute House Bill No. 1776 (child care center licensing). If the
bill is not enacted by June 30, 2011, the amount provided in this
subsection shall lapse.
(6) $6,000 of the fingerprint identification account--state
appropriation is provided solely for implementation of Engrossed
Substitute House Bill No. 1494 (vulnerable adult referrals). If the
bill is not enacted by June 30, 2011, the amount provided in this
subsection shall lapse.
NEW SECTION. Sec. 501 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $25,701,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $23,052,000
General Fund--Federal Appropriation . . . . . . . . . . . . $81,065,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $4,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . $133,818,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) A maximum of $16,450,000 of the general fund--state
appropriation for fiscal year 2012 and $13,889,000 of the general
fund--state appropriation for fiscal year 2013 is for state agency
operations.
(a) $9,365,000 of the general fund--state appropriation for fiscal
year 2012 and $8,451,000 of the general fund--state appropriation for
fiscal year 2013 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 (1)(a), 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) By January 1, 2012, the office of the superintendent of public
instruction shall issue a report to the legislature with a timeline and
an estimate of costs for implementation of the common core standards.
The report must incorporate feedback from an open public forum for
recommendations to enhance the standards, particularly in math.
(iii) Within the amounts provided, and in consultation with the
public school employees of Washington and the Washington school
counselors' association, the office of the superintendent of public
instruction shall develop a model policy that further defines the
recommended roles and responsibilities of graduation coaches and
identifies best practices for how graduation coaches work in
coordination with school counselors and in the context of a
comprehensive school guidance and counseling program.
(iv) Within the amounts provided, the office of the superintendent
of public instruction shall develop a new electronic certification
system for educators, pursuant to Engrossed Substitute House Bill No.
1449 (educator certificate fee). The office of the superintendent of
public instruction and the office of financial management shall work to
allocate sufficient funding from federal grant funds for the state's P-20 longitudinal data system, to the extent allowable, for the purpose
of developing and implementing a new electronic certification system.
(v) The office of the superintendent of public instruction shall,
no later than August 1, 2011, establish a standard statewide definition
of unexcused absence. The definition shall be reported to the ways and
means committees of the senate and house of representatives for
legislative review in the 2012 legislative session. Beginning no later
than January 1, 2012, districts shall report to the office of the
superintendent of public instruction, daily student unexcused absence
data by school.
(b) $1,964,000 of the general fund--state appropriation for fiscal
year 2012 and $1,017,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for activities associated with the
implementation of new school finance systems required by chapter 236,
Laws of 2010 (K-12 education funding) and chapter 548, Laws of 2009
(state's education system), including technical staff, systems
reprogramming, and workgroup deliberations, including the quality
education council and the data governance working group.
(c) $851,000 of the general fund--state appropriation for fiscal
year 2012 and $851,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the operation and expenses of
the state board of education, including basic education assistance
activities.
(d) $1,744,000 of the general fund--state appropriation for fiscal
year 2012 and $1,362,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely to the professional educator
standards board for the following:
(i) $1,050,000 in fiscal year 2012 and $1,050,000 in fiscal year
2013 are for the operation and expenses of the Washington professional
educator standards board; and
(ii) $694,000 of the general fund--state appropriation for fiscal
year 2012 and $312,000 of the general fund--state appropriation for
fiscal year 2013 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)(d)(ii) is also provided for the recruiting Washington teachers
program. Funding reductions in this subsection (1)(d)(ii) in the 2011-2013 fiscal biennium are intended to be one-time.
(e) $133,000 of the general fund--state appropriation for fiscal
year 2012 and $133,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the implementation of chapter
240, Laws of 2010, including staffing the office of equity and civil
rights.
(f) $50,000 of the general fund--state appropriation for fiscal
year 2012 and $50,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the ongoing work of the
achievement gap oversight and accountability committee.
(g) $45,000 of the general fund--state appropriation for fiscal
year 2012 and $45,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the implementation of chapter
380, Laws of 2009 (enacting the interstate compact on educational
opportunity for military children).
(h) $159,000 of the general fund--state appropriation for fiscal
year 2012 and $93,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the implementation of chapter
185, Laws of 2011 (bullying prevention), which requires the office of
the superintendent of public instruction to convene an ongoing
workgroup on school bullying and harassment prevention. Within the
amounts provided, $140,000 is for youth suicide prevention activities.
(i) $91,000 of the general fund--state appropriation for fiscal
year 2012 and $5,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the implementation of House
Bill No. 2111 (implementing selected recommendations from the 2011
report of the quality education council). If the bill is not enacted
by June 30, 2011, the amounts provided in this subsection shall lapse.
(j) $1,227,000 of the general fund--state appropriation for fiscal
year 2012 and $1,227,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for implementing a comprehensive
data system to include financial, student, and educator data, including
development and maintenance of the comprehensive education data and
research system (CEDARS).
(k) $25,000 of the general fund--state appropriation for fiscal
year 2012 and $25,000 of the general fund--state appropriation for
fiscal year 2013 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.
(2) $9,267,000 of the general fund--state appropriation for fiscal
year 2012 and $9,167,000 of the general fund--state appropriation for
fiscal year 2013 are for statewide programs.
(3) $166,000 of the general fund--state appropriation for fiscal
year 2012 is provided solely for the implementation of chapter 192,
Laws of 2011 (school district insolvency). Funding is provided to
develop a clear legal framework and process for dissolution of a school
district.
(a) HEALTH AND SAFETY
(i) $2,541,000 of the general fund--state appropriation for fiscal
year 2012 and $2,541,000 of the general fund--state appropriation for
fiscal year 2013 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) $50,000 of the general fund--state appropriation for fiscal
year 2012 and $50,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for a nonviolence and leadership
training program provided by the institute for community leadership.
(b) TECHNOLOGY
$1,221,000 of the general fund--state appropriation for fiscal year
2012 and $1,221,000 of the general fund--state appropriation for fiscal
year 2013 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.
(c) GRANTS AND ALLOCATIONS
(i) $675,000 of the general fund--state appropriation for fiscal
year 2012 and $675,000 of the general fund--state appropriation for
fiscal year 2013 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.
(ii) $1,000,000 of the general fund--state appropriation for fiscal
year 2012 and $1,000,000 of the general fund--state appropriation for
fiscal year 2013 are 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.
(iii) $2,808,000 of the general fund--state appropriation for
fiscal year 2012 and $2,808,000 of the general fund--state
appropriation for fiscal year 2013 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.
(iv) $337,000 of the general fund--state appropriation for fiscal
year 2012 and $337,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for implementation of the building
bridges statewide program for comprehensive dropout prevention,
intervention, and reengagement strategies.
(v) $135,000 of the general fund--state appropriation for fiscal
year 2012 and $135,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for dropout prevention programs at
the office of the superintendent of public instruction, including the
jobs for America's graduates (JAG) program.
(vi) $500,000 of the general fund--state appropriation for fiscal
year 2012 and $400,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the implementation of chapter
340, Laws of 2011 (assessment of students in state-funded full-day
kindergarten classrooms), including the development and implementation
of the Washington kindergarten inventory of developing skills (WaKIDS).
NEW SECTION. Sec. 502 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR GENERAL APPORTIONMENT
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $5,242,704,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $5,217,070,000
TOTAL APPROPRIATION . . . . . . . . . . . . $10,459,774,000
The appropriations in this section are subject to the following
conditions and limitations:
(1)(a) 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.
(b) For the 2011-12 and 2012-13 school years, the superintendent
shall allocate general apportionment funding to school districts as
provided in the funding formulas and salary schedules in sections 502
and 503 of this act, excluding (c) of this subsection.
(c) From July 1, 2011 to August 31, 2011, the superintendent shall
allocate general apportionment funding to school districts programs as
provided in sections 502 and 504, chapter 564, Laws of 2009, as amended
through sections 1402 and 1403 of this act.
(2) CERTIFICATED INSTRUCTIONAL STAFF ALLOCATIONS
Allocations for certificated instructional staff salaries for the
2011-12 and 2012-13 school years are determined using formula-generated
staff units calculated pursuant to this subsection.
(a) Certificated instructional staff units, as defined in RCW
28A.150.410, shall be allocated to reflect the minimum class size
allocations, requirements, and school prototypes assumptions as
provided in RCW 28A.150.260. The superintendent shall adjust
allocations to school districts based on the district's annual average
full-time equivalent student enrollment in each grade.
(b) Additional certificated instructional staff units provided in
this subsection (2) that exceed the minimum requirements in RCW
28A.150.260 are enhancements outside the program of basic education,
except as otherwise provided in this section.
(c)(i) The superintendent shall base allocations for each level of
prototypical school on the following regular education average class
size of full-time equivalent students per teacher, except as provided
in (c)(ii) of this subsection:
| General education class size: | ||
| Grade | RCW 28A.150.260 | |
| Grades K-3 | . . . . . . . . . . . . | 25.23 |
| Grade 4 | . . . . . . . . . . . . | 27.00 |
| Grades 5-6 | . . . . . . . . . . . . | 27.00 |
| Grades 7-8 | . . . . . . . . . . . . | 28.53 |
| Grades 9-12 | . . . . . . . . . . . . | 28.74 |
| General education class size in high poverty school: | ||
| Grades K-3 | . . . . . . . . . . . . | 24.10 |
| Grade 4 | . . . . . . . . . . . . | 27.00 |
| Grades 5-6 | . . . . . . . . . . . . | 27.00 |
| Grades 7-8 | . . . . . . . . . . . . | 28.53 |
| Grades 9-12 | . . . . . . . . . . . . | 28.74 |
| MSOC RATES/STUDENT FTE | ||||
| MSOC Component | 2011-12 SCHOOL YEAR | 2012-13 SCHOOL YEAR | ||
| Technology | $57.02 | $57.99 | ||
| Utilities and Insurance | $154.93 | $157.56 | ||
| Curriculum and Textbooks | $61.22 | $62.26 | ||
| Other Supplies and Library Materials | $129.97 | $132.18 | ||
| Instructional Professional Development for Certificated and Classified Staff | $9.47 | $9.63 | ||
| Facilities Maintenance | $76.75 | $78.06 | ||
| Security and Central Office | $53.17 | $54.08 | ||
| TOTAL BASIC EDUCATION MSOC/STUDENT FTE | $542.53 | $551.76 | ||
NEW SECTION. Sec. 503 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--BASIC EDUCATION EMPLOYEE COMPENSATION
(1) The following calculations determine the salaries used in the
state allocations for certificated instructional, certificated
administrative, and classified staff units as provided in RCW
28A.150.280 and under section 503 of this act:
(a) Salary allocations for certificated instructional staff units
are 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 are determined 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 May 23, 2011, at 16:10 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
May 23, 2011, at 16:10 hours.
(3) Incremental fringe benefit factors are applied to salary
adjustments at a rate of 15.85 percent for school year 2011-12 and
15.86 percent for school year 2012-13 for certificated instructional
and certificated administrative staff and 15.36 percent for school year
2011-12 and 15.38 percent for the 2012-13 school year for classified
staff.
(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:
| Table Of Total Base Salaries For Certificated Instructional Staff For School Year 2011-12 ***Education Experience*** | |||||||||
| Years | MA+90 | ||||||||
| of | OR | ||||||||
| Service | BA | BA+15 | BA+30 | BA+45 | BA+90 | BA+135 | MA | MA+45 | Ph.D. |
| 0 | 33,401 | 34,303 | 35,238 | 36,175 | 39,180 | 41,116 | 40,045 | 43,051 | 44,989 |
| 1 | 33,851 | 34,765 | 35,712 | 36,690 | 39,727 | 41,652 | 40,490 | 43,527 | 45,452 |
| 2 | 34,279 | 35,202 | 36,159 | 37,212 | 40,241 | 42,186 | 40,938 | 43,966 | 45,912 |
| 3 | 34,720 | 35,653 | 36,620 | 37,706 | 40,729 | 42,722 | 41,363 | 44,384 | 46,377 |
| 4 | 35,153 | 36,127 | 37,099 | 38,224 | 41,264 | 43,271 | 41,808 | 44,849 | 46,857 |
| 5 | 35,600 | 36,578 | 37,561 | 38,748 | 41,777 | 43,824 | 42,261 | 45,291 | 47,339 |
| 6 | 36,060 | 37,017 | 38,032 | 39,279 | 42,293 | 44,352 | 42,725 | 45,740 | 47,797 |
| 7 | 36,868 | 37,839 | 38,868 | 40,182 | 43,241 | 45,356 | 43,594 | 46,652 | 48,768 |
| 8 | 38,050 | 39,074 | 40,127 | 41,550 | 44,651 | 46,844 | 44,961 | 48,063 | 50,254 |
| 9 | 40,353 | 41,459 | 42,933 | 46,106 | 48,373 | 46,343 | 49,518 | 51,785 | |
| 10 | 42,806 | 44,387 | 47,602 | 49,945 | 47,798 | 51,014 | 53,356 | ||
| 11 | 45,883 | 49,169 | 51,558 | 49,295 | 52,581 | 54,969 | |||
| 12 | 47,332 | 50,777 | 53,238 | 50,850 | 54,188 | 56,650 | |||
| 13 | 52,425 | 54,959 | 52,460 | 55,836 | 58,370 | ||||
| 14 | 54,081 | 56,745 | 54,117 | 57,600 | 60,157 | ||||
| 15 | 55,488 | 58,221 | 55,523 | 59,098 | 61,721 | ||||
| 16 or more | 56,597 | 59,385 | 56,634 | 60,279 | 62,955 | ||||
| Table Of Total Base Salaries For Certificated Instructional Staff For School Year 2012-13 ***Education Experience*** | |||||||||
| Years | MA+90 | ||||||||
| of | OR | ||||||||
| Service | BA | BA+15 | BA+30 | BA+45 | BA+90 | BA+135 | MA | MA+45 | Ph.D. |
| 0 | 33,401 | 34,303 | 35,238 | 36,175 | 39,180 | 41,116 | 40,045 | 43,051 | 44,989 |
| 1 | 33,851 | 34,765 | 35,712 | 36,690 | 39,727 | 41,652 | 40,490 | 43,527 | 45,452 |
| 2 | 34,279 | 35,202 | 36,159 | 37,212 | 40,241 | 42,186 | 40,938 | 43,966 | 45,912 |
| 3 | 34,720 | 35,653 | 36,620 | 37,706 | 40,729 | 42,722 | 41,363 | 44,384 | 46,377 |
| 4 | 35,153 | 36,127 | 37,099 | 38,224 | 41,264 | 43,271 | 41,808 | 44,849 | 46,857 |
| 5 | 35,600 | 36,578 | 37,561 | 38,748 | 41,777 | 43,824 | 42,261 | 45,291 | 47,339 |
| 6 | 36,060 | 37,017 | 38,032 | 39,279 | 42,293 | 44,352 | 42,725 | 45,740 | 47,797 |
| 7 | 36,868 | 37,839 | 38,868 | 40,182 | 43,241 | 45,356 | 43,594 | 46,652 | 48,768 |
| 8 | 38,050 | 39,074 | 40,127 | 41,550 | 44,651 | 46,844 | 44,961 | 48,063 | 50,254 |
| 9 | 40,353 | 41,459 | 42,933 | 46,106 | 48,373 | 46,343 | 49,518 | 51,785 | |
| 10 | 42,806 | 44,387 | 47,602 | 49,945 | 47,798 | 51,014 | 53,356 | ||
| 11 | 45,883 | 49,169 | 51,558 | 49,295 | 52,581 | 54,969 | |||
| 12 | 47,332 | 50,777 | 53,238 | 50,850 | 54,188 | 56,650 | |||
| 13 | 52,425 | 54,959 | 52,460 | 55,836 | 58,370 | ||||
| 14 | 54,081 | 56,745 | 54,117 | 57,600 | 60,157 | ||||
| 15 | 55,488 | 58,221 | 55,523 | 59,098 | 61,721 | ||||
| 16 or more | 56,597 | 59,385 | 56,634 | 60,279 | 62,955 | ||||
NEW SECTION. Sec. 504 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTS
General Fund--Federal Appropriation . . . . . . . . . . . . $2,000
The appropriation in this section is 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 504(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 504(2)(b) of this act.
(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 504(2)(b) of this act.
(d) The appropriations in this subsection (1) include associated
incremental fringe benefit allocations at 15.85 percent for the 2011-12
school year and 15.86 percent for the 2012-13 school year for
certificated instructional and certificated administrative staff and
15.36 percent for the 2011-12 school year and 15.38 percent for the
2012-13 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 503 and 504 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
503 and 504 of this act.
(f) The appropriations in this section include no salary
adjustments for substitute teachers.
(2) The maintenance rate for insurance benefit allocations is
$768.00 per month for the 2011-12 and 2012-13 school years. The
appropriations in this section reflect the incremental change in cost
of allocating rates of $768.00 per month for the 2011-12 school year
and $768.00 per month for the 2012-13 school year.
(3) The rates specified in this section are subject to revision
each year by the legislature.
NEW SECTION. Sec. 505 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR PUPIL TRANSPORTATION
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $323,759,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $326,054,000
TOTAL APPROPRIATION . . . . . . . . . . . . $649,813,000
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) For the 2011-12 and 2012-13 school years, the superintendent
shall allocate funding to school district programs for the
transportation of students as provided in RCW 28A.160.192.
(b) From July 1, 2011 to August 31, 2011, the superintendent shall
allocate funding to school districts programs for the transportation of
students as provided in section 505, chapter 564, Laws of 2009, as
amended through section 1404 of this act.
(3) Any amounts appropriated for maintenance level funding for
pupil transportation that exceed actual maintenance level expenditures
as calculated under the funding formula that takes effect September 1,
2011, shall be distributed to districts according to RCW
28A.160.192(2)(b).
(4) A maximum of $892,000 of this fiscal year 2012 appropriation
and a maximum of $892,000 of the fiscal year 2013 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.
(5) The office of the superintendent of public instruction shall
provide reimbursement funding to a school district for school bus
purchases 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.
(6) 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.
(7) Funding levels in this section reflect waivers granted by the
state board of education for four-day school weeks as allowed under RCW
28A.305.141.
NEW SECTION. Sec. 506 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR SCHOOL FOOD SERVICE PROGRAMS
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $7,111,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $7,111,000
General Fund--Federal Appropriation . . . . . . . . . . . . $437,988,000
TOTAL APPROPRIATION . . . . . . . . . . . . $452,210,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $7,111,000 of the general fund--state appropriation for fiscal
year 2012 and $7,111,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for state matching money for
federal child nutrition programs, and may support the meals for kids
program through the following allowable uses:
(a) Elimination of breakfast copays for eligible public school
students and lunch copays for eligible public school students in grades
kindergarten through third grade who are eligible for reduced price
lunch;
(b) Assistance to school districts and authorized public and
private nonprofit organizations for supporting summer food service
programs, and initiating new summer food service programs in low-income
areas;
(c) Reimbursements to school districts for school breakfasts served
to students eligible for free and reduced price lunch, pursuant to
chapter 287, Laws of 2005; and
(d) Assistance to school districts in initiating and expanding
school breakfast programs.
The office of the superintendent of public instruction shall report
annually to the fiscal committees of the legislature on annual
expenditures in (a), (b), and (c) of this subsection.
NEW SECTION. Sec. 507 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR SPECIAL EDUCATION PROGRAMS
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $659,950,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $689,480,000
General Fund--Federal Appropriation . . . . . . . . . . . . $691,796,000
Education Legacy Trust Account--State Appropriation . . . . . . . . . . . . $756,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,041,982,000
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.
(c) Beginning with the 2010-11 school year award cycle, the office
of the superintendent of public instruction shall make award
determinations for state safety net funding in August of each school
year. Determinations on school district eligibility for state safety
net awards shall be based on analysis of actual expenditure data from
the current school year.
(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)(a) For the 2011-12 and 2012-13 school years, the superintendent
shall allocate funding to school district programs for special
education students as provided in RCW 28A.150.390.
(b) From July 1, 2011 to August 31, 2011, the superintendent shall
allocate funding to school district programs for special education
students as provided in section 507, chapter 564, Laws of 2009, as
amended through section 1406 of this act.
(5) The following applies throughout this section: The definitions
for enrollment and enrollment percent are as specified in RCW
28A.150.390(3). 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.
(6) 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 RCW
28A.150.390(3) (c) and (d), 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.
(7) $16,404,000 of the general fund--state appropriation for fiscal
year 2012, $30,807,000 of the general fund--state appropriation for
fiscal year 2013, and $29,574,000 of the general fund--federal
appropriation are provided solely for safety net awards for districts
with demonstrated needs for special education funding beyond the
amounts provided in subsection (4) of this section. If the federal
safety net awards based on the federal eligibility threshold exceed the
federal appropriation in this subsection (7) in any fiscal year, the
superintendent shall expend all available federal discretionary funds
necessary to meet this need. At the conclusion of each school year,
the superintendent shall recover safety net funds that were distributed
prospectively but for which districts were not subsequently eligible.
(a) For the 2011-12 and 2012-13 school years, safety net funds
shall be awarded by the state safety net oversight committee as
provided in section 109(1) chapter 548, Laws of 2009 (ESHB 2261).
(b) From July 1, 2011 to August 31, 2011, the superintendent shall
operate the safety net oversight committee and shall award safety net
funds as provided in section 507, chapter 564, Laws of 2009, as amended
through section 1406 of this act.
(8) 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.
(9) 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.
(10) 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.
(11) $251,000 of the general fund--state appropriation for fiscal
year 2012 and $251,000 of the general fund--state appropriation for
fiscal year 2013 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.
(12) $50,000 of the general fund--state appropriation for fiscal
year 2012, $50,000 of the general fund--state appropriation for fiscal
year 2013, 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.
NEW SECTION. Sec. 508 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR EDUCATIONAL SERVICE DISTRICTS
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $7,898,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $7,917,000
TOTAL APPROPRIATION . . . . . . . . . . . . $15,815,000
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) Funding within this section is provided 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.
(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.
NEW SECTION. Sec. 509 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR LOCAL EFFORT ASSISTANCE
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $303,337,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $308,445,000
TOTAL APPROPRIATION . . . . . . . . . . . . $611,782,000
The appropriations in this section are subject to the following
conditions and limitations: For purposes of RCW 84.52.0531, the
increase per full-time equivalent student is 3 percent from the 2010-11
school year to the 2011-12 school year and 5 percent from the 2011-12
school year to the 2012-13 school year.
NEW SECTION. Sec. 510 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR INSTITUTIONAL EDUCATION PROGRAMS
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $16,420,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $16,190,000
TOTAL APPROPRIATION . . . . . . . . . . . . $32,610,000
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) $509,000 of the general fund--state appropriation for fiscal
year 2012 and $509,000 of the general fund--state appropriation for
fiscal year 2013 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, programs for juveniles
under the juvenile rehabilitation administration, and programs for
juveniles operated by city and county jails.
(6) Ten percent of the funds allocated for each institution may be
carried over from one year to the next.
NEW SECTION. Sec. 511 FOR PROGRAMS FOR HIGHLY CAPABLE STUDENTS
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $8,741,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $8,794,000
TOTAL APPROPRIATION . . . . . . . . . . . . $17,535,000
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) For the 2011-12 and 2012-13 school years, the superintendent
shall allocate funding to school district programs for highly capable
students as provided in RCW 28A.150.260(10)(c). In calculating the
allocations, the superintendent shall assume the following: (i)
Additional instruction of 2.1590 hours per week per funded highly
capable program student; (ii) fifteen highly capable program students
per teacher; (iii) 36 instructional weeks per year; (iv) 900
instructional hours per teacher; and (v) the district's average staff
mix and compensation rates as provided in sections 503 and 504 of this
act.
(b) From July 1, 2011, to August 31, 2011, the superintendent shall
allocate funding to school districts programs for highly capable
students as provided in section 511, chapter 564, Laws of 2009, as
amended through section 1409 of this act.
(3) $85,000 of the general fund--state appropriation for fiscal
year 2012 and $85,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the centrum program at Fort
Worden state park.
NEW SECTION. Sec. 512 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR MISCELLANEOUS--NO CHILD LEFT BEHIND ACT
General Fund--Federal Appropriation . . . . . . . . . . . . $7,352,000
NEW SECTION. Sec. 513 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--EDUCATION REFORM PROGRAMS
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $58,078,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $98,491,000
General Fund--Federal Appropriation . . . . . . . . . . . . $103,161,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $4,000,000
Education Legacy Trust Account--State Appropriation . . . . . . . . . . . . $1,598,000
TOTAL APPROPRIATION . . . . . . . . . . . . $265,328,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $40,822,000 of the general fund--state appropriation for fiscal
year 2012, $41,613,000 of the general fund--state appropriation for
fiscal year 2013, $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 state assessment system, including:
(a) Development and implementation of retake assessments for high
school students who are not successful in one or more content areas and
(b) 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 assessment results, on or around June 10th
of each year. State funding shall be limited to one collection of
evidence payment per student, per content-area assessment.
(2) $356,000 of the general fund--state appropriation for fiscal
year 2012 and $356,000 of the general fund--state appropriation for
fiscal year 2013 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.
(3) $980,000 of the general fund--state appropriation for fiscal
year 2012 and $980,000 of the general fund--state appropriation for
fiscal year 2013 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.
(4) $3,852,000 of the general fund--state appropriation for fiscal
year 2012 and $2,624,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for continued implementation of
chapter 235, Laws of 2010 (education reform) including development of
new performance-based evaluation systems for certificated educators.
(5)(a) $40,863,000 of the general fund--state appropriation for
fiscal year 2013 is 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 $5,090 per
teacher in the 2011-12 and 2012-13 school years, adjusted for inflation
in each school year in which Initiative 732 cost of living adjustments
are provided;
(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. Beginning in the
2011-12 school year, all bonuses in (a)(i) and (ii) of this subsection
will be paid in July of each school year. Bonuses in (a)(i) and (ii)
of this subsection shall be reduced by a factor of 40 percent for first
year NBPTS certified teachers, to reflect the portion of the
instructional school year they are certified; and
(iv) During the 2011-12 and 2012-13 school years, and within
available funds, 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 loan of 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 conditional loan is provided in
addition to compensation received under a district's salary schedule
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 conditional loan. 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. To the extent necessary, the superintendent may use
revenues from the repayment of conditional loan scholarships to ensure
payment of all national board bonus payments required by this section
in each school year.
(6) $477,000 of the general fund--state appropriation for fiscal
year 2012 and $477,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the leadership internship
program for superintendents, principals, and program administrators.
(7) $950,000 of the general fund--state appropriation for fiscal
year 2012 and $950,000 of the general fund--state appropriation for
fiscal year 2013 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.
(8) $810,000 of the general fund--state appropriation for fiscal
year 2012 and $810,000 of the general fund--state appropriation for
fiscal year 2013 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 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.
(9) $3,234,000 of the general fund--state appropriation for fiscal
year 2012 and $3,234,000 of the general fund--state appropriation for
fiscal year 2013 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.
(10) $1,500,000 of the general fund--state appropriation for fiscal
year 2012 and $1,500,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the implementation of chapter
288, Laws of 2011 (actual student success program), including
allocations to the opportunity internship program, the jobs for
America's graduates program, the building bridges program, services
provided by a college scholarship organization. Funding shall not be
used in the 2011-2013 fiscal biennium to provide awards for schools and
school districts.
(11) $843,000 of the general fund--state appropriation for fiscal
year 2012, $848,000 of the general fund--state appropriation for fiscal
year 2013, and $247,000 of the education legacy trust account--state
appropriation are for administrative support of education reform
programs.
(12) $2,000,000 of the general fund--state appropriation for fiscal
year 2012 and $2,000,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for a statewide information
technology (IT) academy program. This public-private partnership will
provide educational software, as well as IT certification and software
training opportunities for students and staff in public schools.
(13) $977,000 of the general fund--state appropriation for fiscal
year 2012 and $977,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for secondary career and technical
education grants pursuant to chapter 170, Laws of 2008. If equally
matched by private donations, $300,000 of the 2012 appropriation and
$300,000 of the 2013 appropriation shall be used to support FIRST
robotics programs.
(14) $125,000 of the general fund--state appropriation for fiscal
year 2012 and $125,000 of the general fund--state appropriation for
fiscal year 2013 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 with
professional development training for implementing integrated math,
science, technology, and engineering programs in their schools.
(15) $135,000 of the general fund--state appropriation for fiscal
year 2012 and $135,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for science, technology,
engineering and mathematics lighthouse projects, consistent with
chapter 238, Laws of 2010.
(16) $1,000,000 of the general fund--state appropriation for fiscal
year 2012 and $1,000,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for a beginning educator support
program. School districts and/or regional consortia may apply for
grant funding. 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 statewide professional development
opportunities for mentors and beginning educators.
NEW SECTION. Sec. 514 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR TRANSITIONAL BILINGUAL PROGRAMS
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $83,959,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $88,580,000
General Fund--Federal Appropriation . . . . . . . . . . . . $71,001,000
TOTAL APPROPRIATION . . . . . . . . . . . . $243,540,000
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) For the 2011-12 and 2012-13 school years, the superintendent
shall allocate funding to school districts for transitional bilingual
programs as provided in RCW 28A.150.260(10)(b). In calculating the
allocations, the superintendent shall assume the following averages:
(i) Additional instruction of 4.7780 hours per week per transitional
bilingual program student; (ii) fifteen transitional bilingual program
students per teacher; (iii) 36 instructional weeks per year; (iv) 900
instructional hours per teacher; and (v) the district's average staff
mix and compensation rates as provided in sections 503 and 504 of this
act.
(b) From July 1, 2011, to August 31, 2011, the superintendent shall
allocate funding to school districts for transitional bilingual
instruction programs as provided in section 514, chapter 564, Laws of
2009, as amended through section 1411 of this act.
(c) The allocations in this section reflect the implementation of
a new funding formula for the transitional bilingual instructional
program, effective September 1, 2011, as specified in RCW
28A.150.260(10)(b).
(3) The superintendent may withhold up to 3.0 percent of the school
year allocations to school districts in subsection (2) of this section
solely for the central provision of assessments as provided in RCW
28A.180.090 (1) and (2).
(4) The general fund--federal appropriation in this section is 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.
(5)(a) The office of the superintendent of public instruction shall
implement a funding model for the transitional bilingual program,
beginning in school year 2012-13, that is scaled to provide more
support to students requiring most intensive intervention, (students
with beginning levels of English language proficiency) and less support
to students requiring less intervention. The funding model shall also
provide up to two years of bonus funding upon successful exit from the
bilingual program to facilitate successful transition to a standard
program of education.
(b) It is expected that per-pupil funding for level 2 proficiency
will be set at the same level as would have been provided statewide
prior to establishing differential per-pupil amounts; level 1 will be
125 percent of level 2; level 3 through the level prior to exit will be
75 percent of level 2; and two bonus years upon successful
demonstration of proficiency will be 100 percent of level 2. Prior to
implementing in school year 2012-13, the office of the superintendent
of public instruction shall provide to the senate and house of
representatives ways and means committees recommended rates based on
the results of proficiency test procurement, expressed as both per-pupil rates and hours of instruction as provided in RCW
28A.150.260(10)(b).
(c) Each bilingual student shall be tested for proficiency level
and, therefore, eligibility for the transitional bilingual program each
year. The bonus payments for up to two school years following
successful exit from the transitional bilingual program shall be
allocated to the exiting school district. If the student graduates or
transfers to another district prior to the district receiving both
years' bonuses, the district shall receive the bonus for only the
length of time the student remains enrolled in the exiting district.
(d) The quality education council shall examine the revised
funding model developed under this subsection and provide a report to
the education and fiscal committees of the legislature by December 1,
2011, that includes recommendations for:
(i) Changing the prototypical school funding formula for the
transitional bilingual program to align with the revised model in an
accurate and transparent manner;
(ii) Reconciling the revised model with statutory requirements for
categorical funding of the transitional bilingual instructional program
that is restricted to students eligible for and enrolled in that
program;
(iii) Clarifying the elements of the transitional bilingual
instructional program that fall under the definition of basic education
and the impact of the revised model on them; and
(iv) The extent that the disparate financial impact of the revised
model on different school districts should be addressed and options for
addressing it.
(e) The office of the superintendent of public instruction shall
report to the senate and house of representatives ways and means
committees and education committees annually by December 31st of each
year, through 2018, regarding any measurable changes in proficiency,
time-in-program, and transition experience.
(6) $35,000 of the general fund--state appropriation for fiscal
year 2012 and $35,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely to track current and former
transitional bilingual program students.
NEW SECTION. Sec. 515 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR THE LEARNING ASSISTANCE PROGRAM
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $102,104,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $102,137,000
General Fund--Federal Appropriation . . . . . . . . . . . . $581,207,000
Education Legacy Trust Account--State Appropriation . . . . . . . . . . . . $47,980,000
TOTAL APPROPRIATION . . . . . . . . . . . . $833,428,000
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)(i) For the 2011-12 and 2012-13 school years, the superintendent
shall allocate funding to school districts for learning assistance
programs as provided in RCW 28A.150.260(10)(a). In calculating the
allocations, the superintendent shall assume the following averages:
(A) Additional instruction of 1.51560 hours per week per funded
learning assistance program student; (B) fifteen learning assistance
program students per teacher; (C) 36 instructional weeks per year; (D)
900 instructional hours per teacher; and (E) the district's average
staff mix and compensation rates as provided in sections 503 and 504 of
this act.
(ii) From July 1, 2011, to August 31, 2011, the superintendent
shall allocate funding to school districts for learning assistance
programs as provided in section 515, chapter 564, Laws of 2009, as
amended through section 1412 of this act.
(c) A school district's funded students for the learning assistance
program shall be the sum of 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.
(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.
(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.
(5) The office of the superintendent of public instruction shall
research and recommend options for an adjustment factor for middle
school and high school free and reduced price lunch eligibility
reporting rates pursuant to RCW 28A.150.260(12)(a), and submit a report
to the fiscal committees of the legislature by June 1, 2012. For the
2011-12 and 2012-13 school years, the adjustment factor is 1.0.
NEW SECTION. Sec. 516 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION
(1) Amounts distributed to districts by the superintendent through
part V of this act are for allocations purposes only and do not entitle
a particular district, district employee, or student to a specific
service, beyond what has been expressly provided in statute. Part V of
this act restates the requirements of various sections of Title 28A
RCW. If any conflict exists, the provisions of Title 28A RCW control
unless this act explicitly states that it is providing an enhancement.
Any amounts provided in part V of this act in excess of the amounts
required by Title 28A RCW provided in statute, are not within the
program of basic education.
(2) To the maximum extent practicable, when adopting new or revised
rules or policies relating to the administration of allocations in part
V of this act that result in fiscal impact, the office of the
superintendent of public instruction shall attempt to seek legislative
approval through the budget request process.
(3) 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.
NEW SECTION. Sec. 517 Pursuant to House Bill No. 1131 (regarding
student achievement fund allocations), per-student allocation
distributions for school years 2011-12 and 2012-13 are suspended.
NEW SECTION. Sec. 601 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 institutions of higher education receiving state
appropriations under sections 605 through 611 of this act shall allot
anticipated state and tuition expenditures by budget program and fiscal
year.
(5) 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.
(6)(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. In fiscal year 2012 and fiscal year 2013, 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; and
(ii) Institutions may provide salary increases from other sources
to instructional and research faculty at the universities and The
Evergreen State College, 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. Any salary increase granted under the
authority of this subsection (6)(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
(6)(c)(ii).
NEW SECTION. Sec. 602 (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:
| 2011-12 Annual Average | 2012-13 Annual Average | |
| University of Washington | 37,162 | 37,162 |
| Washington State University | 22,228 | 22,228 |
| Central Washington University | 8,808 | 8,808 |
| Eastern Washington University | 8,734 | 8,734 |
| The Evergreen State College | 4,213 | 4,213 |
| Western Washington University | 11,762 | 11,762 |
| State Board for Community & Technical Colleges | ||
| Adult Students | 139,237 | 139,237 |
| Running Start Students | 11,558 | 11,558 |
NEW SECTION. Sec. 603 PUBLIC BACCALAUREATE INSTITUTIONS
(1) For the purposes of chapter 28B.15 RCW, the omnibus
appropriations act assumes increases of tuition levels for resident
undergraduate students over the amounts charged to resident
undergraduate students for the prior year, as follows:
| University of Washington | 16% |
| Washington State University | 16% |
| Central Washington University | 14% |
| Eastern Washington University | 11% |
| The Evergreen State College | 14% |
| Western Washington University | 16% |
NEW SECTION. Sec. 604 STATE BOARD FOR COMMUNITY AND TECHNICAL
COLLEGES
In order to operate within the state funds appropriated in this
act, the state board for community and technical colleges and the
trustees of the state's community and technical colleges are authorized
to adopt and adjust tuition and fees for the 2011-12 and 2012-13
academic years as provided in this section:
(1) The state board may increase the tuition fees charged to
resident undergraduate students by no more than twelve percent over the
amounts charged to resident undergraduates during the prior academic
year. The board may increase tuition fees under this subsection
differentially based on student credit hour load, provided that the
overall increase in average tuition revenue per student does not exceed
ten percent each year.
(2) The state board may increase the tuition fees charged to
resident undergraduates enrolled in upper division applied
baccalaureate programs by no more than twelve percent over the amounts
charged during the prior academic year.
(3) The state board may increase the tuition fees charged to
nonresident students by amounts judged reasonable and necessary by the
board.
(4) The trustees of the technical colleges are authorized to either
(a) increase operating fees by no more than the percentage increases
authorized for community colleges by the state board; or (b) fully
adopt the tuition fee charge schedule adopted by the state board for
community colleges.
(5) For academic years 2011-2012 and 2012-2013, the trustees of the
technical colleges are authorized to increase building fees by an
amount judged reasonable in order to progress toward parity with the
building fees charged students attending the community colleges.
(6) The state board is authorized to increase the maximum allowable
services and activities fee as provided in RCW 28B.15.069. The
trustees of the community and technical colleges are authorized to
increase services and activities fees up to the maximum level
authorized by the state board.
(7) The trustees of the community and technical colleges are
authorized to adopt or increase charges for fee-based, self-sustaining
programs such as summer session, international student contracts, and
special contract courses by amounts judged reasonable and necessary by
the trustees.
(8) The trustees of the community and technical colleges are
authorized to adopt or increase special course and lab fees to the
extent necessary to cover the reasonable and necessary exceptional cost
of the course or service.
(9) The trustees of the community and technical colleges are
authorized to adopt or increase administrative fees such as but not
limited to those charged for application, matriculation, special
testing, and transcripts by amounts judged reasonable and necessary by
the trustees.
NEW SECTION. Sec. 605 FOR THE STATE BOARD FOR COMMUNITY AND
TECHNICAL COLLEGES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $566,834,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $492,519,000
Community/Technical College Capital Projects
Account -- State Appropriation . . . . . . . . . . . . $8,037,000
Education Legacy Trust Account--State Appropriation . . . . . . . . . . . . $95,370,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,162,760,000
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 2012 and $28,761,000 of the general fund -- state appropriation for
fiscal year 2013 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 2012 and at least 6,200 full-time
equivalent students in fiscal year 2013.
(2) $2,725,000 of the general fund -- state appropriation for fiscal
year 2012 and $2,725,000 of the general fund -- state appropriation for
fiscal year 2013 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) The state board for community and technical colleges shall
achieve $2,000,000 in general fund savings in fiscal year 2012 and
$5,500,000 in general fund savings in fiscal year 2013 from various
efficiencies implemented in the community and technical college system
including consolidation of college districts; consolidation of
administrative and governance functions including, but not limited to,
human resources, budget and accounting services, and president's
offices; consolidation of student service functions including, but not
limited to, financial aid services, student advising, and libraries;
and other administrative efficiencies including, but not limited to,
greater use of telephone and videoconferencing and reduced travel
costs. A report explaining the methods used to achieve the savings
required is due to the fiscal committees of the legislature by December
31, 2013.
(4) $4,500,000 of the general fund--state appropriation for fiscal
year 2012 and $4,500,000 of the general fund--state appropriation for
fiscal year 2013 is provided solely for worker retraining.
(5) Of the amounts appropriated in this section, $5,000,000 is
provided solely for the student achievement initiative.
(6) 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.
(7) 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.
(8) Bellevue college is authorized to offer applied baccalaureate
degrees in information technology, health care services and management,
biotechnology, and preprofessional preparation for medical fields.
These degrees shall be directed at high school graduates and transfer-oriented degree and professional and technical degree holders. In
fiscal year 2012, Bellevue college will develop a two-year plan for
offering these new degrees. The plan will assume funding for these new
degrees shall come through redistribution of its current per full-time
enrollment funding. The plan shall be delivered to the legislature by
June 30, 2012.
(9) The Seattle community college district is authorized to offer
applied baccalaureate degree programs in business/international
business and technology management, interactive and artistic digital
media, sustainability, building science technology, and allied and
global health. These degrees shall be directed at high school
graduates and professional and technical degree holders. In fiscal
year 2012, Seattle community colleges shall develop a two-year plan for
offering these new degrees. The plan will assume that funding for
these new degrees comes through redistribution of its current per full-time enrollment funding. The plan shall be delivered to the
legislature by June 30, 2012.
NEW SECTION. Sec. 606 FOR THE UNIVERSITY OF WASHINGTON
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $201,471,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $206,523,000
Education Legacy Trust Account--State Appropriation . . . . . . . . . . . . $18,579,000
University of Washington Building Account -- State
Appropriation . . . . . . . . . . . . $239,000
Biotoxin Account -- State Appropriation . . . . . . . . . . . . $450,000
Accident Account -- State Appropriation . . . . . . . . . . . . $6,699,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $6,502,000
TOTAL APPROPRIATION . . . . . . . . . . . . $440,463,000
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 noninstructional activities.
(2) $150,000 of the general fund--state appropriation for fiscal
year 2012 and $150,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the development of integrated
medical curriculum for the Washington/Wyoming/Alaska/Montana/Idaho
(WWAMI) medical education program in Spokane and eastern Washington.
Funding is contingent on appropriations being provided to Washington
State University for WWAMI program expansion in Spokane and eastern
Washington.
(3) $52,000 of the general fund--state appropriation for fiscal
year 2012 and $52,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the center for international
trade in forest products in the college of forest resources.
(4) $88,000 of the general fund--state appropriation for fiscal
year 2012 is provided solely for implementation of Engrossed Second
Substitute Senate Bill No. 5485 (state's natural resources). If the
bill is not enacted by June 30, 2011, the amount provided in this
subsection shall lapse.
(5) $143,000 of the general fund--state appropriation for fiscal
year 2012 and $144,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the ongoing management of the
Washington park arboretum.
NEW SECTION. Sec. 607 FOR WASHINGTON STATE UNIVERSITY
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $134,912,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $135,389,000
Washington State University Building Account -- State
Appropriation . . . . . . . . . . . . $5,364,000
Education Legacy Trust Account--State Appropriation . . . . . . . . . . . . $33,065,000
TOTAL APPROPRIATION . . . . . . . . . . . . $308,730,000
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 noninstructional activities.
(2) Within available funds, Washington State University shall serve
an additional cohort of fifteen full-time equivalent students in the
mechanical engineering program located at Olympic College.
(3) $300,000 of the general fund--state appropriation for fiscal
year 2012 and $300,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the expansion of health
sciences capacity through the Washington/Wyoming/Alaska/Montana/Idaho
(WWAMI) medical education program in Spokane and eastern Washington.
Funding is contingent on appropriations being provided to the
University of Washington for integrated medical curriculum development
for WWAMI.
NEW SECTION. Sec. 608 FOR EASTERN WASHINGTON UNIVERSITY
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $26,281,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $26,589,000
Education Legacy Trust Account--State Appropriation . . . . . . . . . . . . $16,087,000
TOTAL APPROPRIATION . . . . . . . . . . . . $68,957,000
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 noninstructional activities.
(2) At least $200,000 of the general fund--state appropriation for
fiscal year 2012 and at least $200,000 of the general fund--state
appropriation for fiscal year 2013 shall be expended on the northwest
autism center.
NEW SECTION. Sec. 609 FOR CENTRAL WASHINGTON UNIVERSITY
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $22,492,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $22,573,000
Education Legacy Trust Account--State Appropriation . . . . . . . . . . . . $19,076,000
TOTAL APPROPRIATION . . . . . . . . . . . . $64,141,000
The appropriations in this section are subject to the following
conditions and limitations: 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 noninstructional activities.
NEW SECTION. Sec. 610 FOR THE EVERGREEN STATE COLLEGE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $15,698,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $15,366,000
Education Legacy Trust Account--State Appropriation . . . . . . . . . . . . $5,450,000
TOTAL APPROPRIATION . . . . . . . . . . . . $36,514,000
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 noninstructional activities.
(2) $50,000 of the general fund--state appropriation for fiscal
year 2012 and $25,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the Washington state institute
for public policy to conduct a detailed study of the commitment of
sexually violent predators to the special commitment center pursuant to
chapter 71.09 RCW and the subsequent release of those persons to
less-restrictive alternatives.
(a) Specifically, the institute's study shall examine:
(i) The projected future demand for the special commitment center,
including profiles and characteristics of persons referred and
committed to the special commitment center since its inception, whether
the profiles of those persons have changed over time, and, given
current trends, the likelihood of the continuing rate of referral;
(ii) Residents' participation in treatment over time and the impact
of treatment on eventual release to a less-restrictive alternative;
(iii) The annual review process and the process for a committed
person to petition for conditional or unconditional release,
specifically:
(A) The time frames for conducting mandatory reviews;
(B) The role of the special commitment center clinical team;
(C) Options and standards utilized by other jurisdictions or
similar processes to conduct periodic reviews, including specialized
courts, parole boards, independent review boards, and other commitment
proceedings;
(iv) The capacity and future demand for appropriate less
restrictive alternatives for moving residents out of the special
commitment center, including:
(A) The capacity and demand for secure community transition
facilities;
(B) Options for specialized populations such as the elderly or
those with developmental disabilities and whether more cost-efficient
options might be used to house those populations while keeping the
public safe;
(C) Prospects for moving residents to noninstitutionalized settings
beyond a secure community transition facility.
(b) The department of social and health services shall cooperate
with the institute in conducting its examination and must provide the
institute with requested data and records in a timely manner.
(c) The institute shall provide a status report to the governor and
the legislature no later than November 1, 2011, with a final report due
no later than November 1, 2012.
(3) $91,000 of the general fund--state appropriation for fiscal
year 2012 and $54,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the Washington state institute
for public policy to design and implement a research study to measure
the impact on student achievement of remediation strategies funded by
the learning assistance program pursuant to Engrossed Second Substitute
House Bill No. 1443 (education reforms). If the bill is not enacted by
June 30, 2011, the amounts provided in this subsection shall lapse.
(4) $50,000 of the general fund--state appropriation for fiscal
year 2012 and $50,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the institute for public
policy to provide research support to the council on quality education.
(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) Funding provided in this section is sufficient for The
Evergreen State College to continue operations of the Longhouse Center
and the Northwest Indian applied research institute.
(7) If, and to the extent that private funding is available for
this purpose, the Washington state institute for public policy shall
study and report on the child welfare and educational characteristics
and outcomes for foster youth who are served by educational advocates.
The department of social and health services and the office of the
superintendent of public instruction shall facilitate researchers'
access to data necessary to effectively complete the study. The
institute shall submit an interim report with baseline characteristics
of youth served by educational advocates by December 2011 and a final
report by October 31, 2012, to the governor and to the appropriate
committees of the legislature.
(8) $75,000 of the general fund--state appropriation for fiscal
year 2012 is provided to the Washington state institute for public
policy (WSIPP) to conduct a review of state investments in the family
caregiver and support program. Funding for this program is provided by
assumed savings from diverting seniors from entering into long-term
care medicaid placements by supporting informal caregivers. WSIPP
shall work with the department of social and health services to
establish and review outcome data for this investment. A preliminary
report on the outcomes of the investment into this program is due to
the appropriate legislative committees by December 15, 2011, and a
final report is due to the appropriate legislative committees by August
30, 2012.
(9) $25,000 of the general fund--state appropriation is provided
solely for the Washington state institute for public policy to
investigate the fiscal and other costs and benefits to state and local
governments, and to the people of Washington, arising from the
implementation of current state controlled substance policies in
Washington, excluding alcohol, tobacco, and pharmaceuticals. A report
is due to the legislature by December 1, 2012. The institute may
receive funds from outside sources for the purpose of conducting this
study. If these funds are not obtained, then the study shall not be
undertaken.
NEW SECTION. Sec. 611 FOR WESTERN WASHINGTON UNIVERSITY
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $33,709,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $33,654,000
Education Legacy Trust Account--State Appropriation . . . . . . . . . . . . $13,266,000
TOTAL APPROPRIATION . . . . . . . . . . . . $80,629,000
The appropriations in this section are subject to the following
conditions and limitations: 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 noninstructional activities.
NEW SECTION. Sec. 612 FOR THE HIGHER EDUCATION COORDINATING
BOARD -- POLICY COORDINATION AND ADMINISTRATION
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,041,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,976,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,017,000
The appropriations in this section are subject to the following
conditions and limitations: The higher education coordinating board is
authorized to increase or establish fees for initial degree
authorization, degree authorization renewal, degree authorization
reapplication, new program applications, and new site applications
pursuant to RCW 28B.85.060.
NEW SECTION. Sec. 613 FOR THE HIGHER EDUCATION COORDINATING
BOARD -- FINANCIAL AID AND GRANT PROGRAMS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $215,439,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $6,570,000
Opportunity Pathways Account--State Appropriation . . . . . . . . . . . . $73,500,000
TOTAL APPROPRIATION . . . . . . . . . . . . $295,509,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $196,214,000 of the general fund--state appropriation for
fiscal year 2012, $73,500,000 of the opportunity pathways account--state appropriation, and $740,000 of the general fund--federal
appropriation are provided solely for student financial aid payments
under the state need grant and the state work study program including
up to a four percent administrative allowance for the state work study
program.
(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, and shall include students enrolled in three to five
credit-bearing quarter credits, or the equivalent semester credits.
The higher education coordinating board shall report to the legislature
by December 1, 2013, regarding the number of students enrolled in three
to five credit-bearing quarter credits, or the equivalent semester
credits, and their academic progress including degree completion.
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 regional universities.
(3) For fiscal year 2012, 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.
(4) $1,500,000 of the education legacy trust account--state
appropriation is provided solely for the gaining early awareness and
readiness for undergraduate programs project.
(5) $500,000 of the general fund--state appropriation for fiscal
year 2012 is provided solely for the leadership 1000 program.
(6) $2,436,000 of the general fund--state appropriation for fiscal
year 2012 is provided solely for the passport to college program. The
maximum scholarship award shall be $5,000. The board shall contract
with a nonprofit organization to provide support services to increase
student completion in their postsecondary program and shall, under this
contract provide a minimum of $500,000 in fiscal year 2012.
(7) $250,000 of the general fund--state appropriation for fiscal
year 2012 is provided solely for implementation of the aerospace
training scholarship and student loan program as specified in Engrossed
Substitute House Bill No. 1846 (aerospace student loans). If this bill
is not enacted by June 30, 2011, the amount provided in this subsection
shall lapse.
NEW SECTION. Sec. 614 FOR THE COUNCIL FOR HIGHER EDUCATION
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $997,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,377,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,374,000
The appropriations in this section are subject to the following
conditions and limitations: The council for higher education is
authorized to increase or establish fees for initial degree
authorization, degree authorization renewal, degree authorization
reapplication, new program applications, and new site applications
pursuant to RCW 28B.85.060.
NEW SECTION. Sec. 615 FOR THE OFFICE OF STUDENT FINANCIAL
ASSISTANCE
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $250,432,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $6,557,000
Washington Opportunity Pathways Account -- State
Appropriation . . . . . . . . . . . . $73,500,000
TOTAL APPROPRIATION . . . . . . . . . . . . $330,489,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $230,889,000 of the general fund--state appropriation for
fiscal year 2013, $73,500,000 of the opportunity pathways account--state appropriation, and $740,000 of the general fund--federal
appropriation are provided solely for student financial aid payments
under the state need grant and the state work study program including
up to a four percent administrative allowance for the state work study
program.
(2) 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, and shall include students enrolled in three to five
credit-bearing quarter credits, or the equivalent semester credits.
The office of student financial assistance shall report to the
legislature by December 1, 2013, regarding the number of students
enrolled in three to five credit-bearing quarter credits, or the
equivalent semester credits, and their academic progress including
degree completion. 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.
(3) $250,000 of the general fund--state appropriation for fiscal
year 2013 is provided solely for implementation of the aerospace
training scholarship and student loan program as specified in Engrossed
Substitute House Bill No. 1846 (aerospace student loans). If this bill
is not enacted by June 30, 2011, the amount provided in this subsection
shall lapse.
(4) For fiscal year 2013, 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.
(5) $1,000,000 of the education legacy trust account--state
appropriation is provided solely for the gaining early awareness and
readiness for undergraduate programs project.
(6) $500,000 of the general fund--state appropriation for fiscal
year 2013 is provided solely for the leadership 1000 program.
(7) $2,436,000 of the general fund--state appropriation for fiscal
year 2013 is provided solely for the passport to college program. The
maximum scholarship award shall be $5,000. The board shall contract
with a nonprofit organization to provide support services to increase
student completion in their postsecondary program and shall, under this
contract provide a minimum of $500,000 in fiscal year 2013 for this
purpose.
NEW SECTION. Sec. 616 FOR THE WORK FORCE TRAINING AND EDUCATION
COORDINATING BOARD
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,382,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,388,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $62,758,000
TOTAL APPROPRIATION . . . . . . . . . . . . $65,528,000
The appropriations in this section are subject to the following
conditions and limitations: For the 2011-2013 fiscal biennium the
board shall not designate recipients of the Washington award for
vocational excellence or recognize them at award ceremonies as provided
in RCW 28C.04.535.
NEW SECTION. Sec. 617 FOR THE DEPARTMENT OF EARLY LEARNING
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $27,570,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $27,557,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $253,530,000
Opportunity Pathways Account--State Appropriation . . . . . . . . . . . . $80,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . $388,657,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $16,028,000 of the general fund--state appropriation for fiscal
year 2012, $16,028,000 of the general fund--state appropriation of
fiscal year 2013, $80,000,000 of the opportunity pathways account
appropriation, and $2,256,000 of the general fund--federal
appropriation are provided solely for the early childhood education
assistance program services. Of these amounts, $10,284,000 is a
portion of the biennial amount of state maintenance of effort dollars
required to receive federal child care and development fund grant
dollars.
(2) In accordance to RCW 43.215.255(2) and 43.135.055, the
department is authorized to increase child care center and child care
family home licensure fees in fiscal years 2012 and 2013 for costs to
the department for the licensure activity, including costs of necessary
inspection. These increases are necessary to support expenditures
authorized in this section.
(3) $638,000 of the general fund--state appropriation for fiscal
year 2012 and $638,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for child care resource and
referral network services.
(4) $200,000 of the general fund--state appropriation for fiscal
year 2012 and $200,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely to develop and provide culturally
relevant supports for parents, family, and other caregivers.
(5) 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 fund the child care
subsidies paid by the department of social and health services on
behalf of the department of early learning.
(6) 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.
(7) The department may not adopt, enforce, or implement any rules
or policies restricting the eligibility of consumers for the child care
subsidy benefits to a countable income below one hundred seventy-five
percent of the federal poverty guidelines.
(8) $934,000 of the general fund--state appropriation for fiscal
year 2012, $934,000 of the general fund--state appropriation for fiscal
year 2013, and $2,400,000 of the general fund--federal appropriation
are provided solely for expenditure into the home visiting services
account. This funding is intended to meet federal maintenance of
effort requirements and to secure private matching funds.
(9) In addition to groups that were given prioritized access to the
working connections child care program effective March 1, 2011, the
department shall also give prioritized access into the program to
families in which a parent of a child in care is a minor who is not
living with a parent or guardian and who is a full-time student in a
high school that has a school-sponsored on-site child care center.
(10) 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.
(11) The department is encouraged to work with the legislative-executive task force established in Engrossed Substitute Senate Bill
No. 5921 (social services programs) to implement a working child care
copayment structure that gradually increases copayments based on
income, household size, and other factors. The copayment structure
should not lead to an excessive administrative burden for providers,
parents or the state, and is revenue neutral to the state.
(12) $2,522,000 of the general fund--state appropriation for fiscal
year 2012, $2,522,000 of the general fund--state appropriation for
fiscal year 2013, and $4,304,000 of the general fund--federal
appropriation are provided solely for the medicaid treatment child care
(MTCC) program. The department shall contract for MTCC services to
provide therapeutic child care and other specialized treatment services
to abused, neglected, at-risk, and/or drug-affected children. Priority
for services shall be given to children referred from the department of
social and health services children's administration. In addition to
referrals made by children's administration, the department shall
authorize services for children referred to the MTCC program, as long
as the children meet the eligibility requirements as outlined in the
Washington state plan for the MTCC program. Of the amounts
appropriated in this subsection, $60,000 per fiscal year may be used by
the department for administering the MTCC program, if needed.
NEW SECTION. Sec. 618 FOR THE STATE SCHOOL FOR THE BLIND
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $5,780,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $5,746,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,961,000
TOTAL APPROPRIATION . . . . . . . . . . . . $13,487,000
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.
NEW SECTION. Sec. 619 FOR THE WASHINGTON STATE CENTER FOR
CHILDHOOD DEAFNESS AND HEARING LOSS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $8,451,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $8,449,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $526,000
TOTAL APPROPRIATION . . . . . . . . . . . . $17,426,000
NEW SECTION. Sec. 620 FOR THE WASHINGTON STATE ARTS COMMISSION
General Fund--Federal Appropriation . . . . . . . . . . . . $1,961,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $1,056,000
Washington State Heritage Center Account--State
Appropriation . . . . . . . . . . . . $2,213,000
TOTAL APPROPRIATION . . . . . . . . . . . . $5,230,000
NEW SECTION. Sec. 621 FOR THE WASHINGTON STATE HISTORICAL
SOCIETY
Washington State Heritage Center Account--State
Appropriation . . . . . . . . . . . . $4,249,000
NEW SECTION. Sec. 622 FOR THE EASTERN WASHINGTON STATE
HISTORICAL SOCIETY
Washington State Heritage Center Account--State
Appropriation . . . . . . . . . . . . $2,965,000
NEW SECTION. Sec. 701 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 2012) . . . . . . . . . . . . $924,047,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $981,486,000
State Building Construction Account -- State
Appropriation . . . . . . . . . . . . $1,589,000
Columbia River Basin Water Supply Development
Account -- State Appropriation . . . . . . . . . . . . $73,000
Hood Canal Aquatic Rehabilitation Bond Account -- State
Appropriation . . . . . . . . . . . . $6,000
State Taxable Building Construction Account -- State
Appropriation . . . . . . . . . . . . $345,000
Gardner-Evans Higher Education Construction
Account -- State Appropriation . . . . . . . . . . . . $1,000
Debt-Limit Reimbursable Bond Retire Account -- State
Appropriation . . . . . . . . . . . . $2,300,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,909,847,000
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 2012 shall
be expended into the debt-limit general fund bond retirement account by
June 30, 2012.
NEW SECTION. Sec. 702 FOR THE STATE TREASURER -- BOND RETIREMENT
AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR
GENERAL OBLIGATION DEBT TO BE REIMBURSED BY ENTERPRISE ACTIVITIES
Accident Account -- State Appropriation . . . . . . . . . . . . $4,110,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $4,110,000
TOTAL APPROPRIATION . . . . . . . . . . . . $8,220,000
NEW SECTION. Sec. 703 FOR THE STATE TREASURER -- BOND RETIREMENT
AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR
GENERAL OBLIGATION DEBT TO BE REIMBURSED AS PRESCRIBED BY STATUTE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $27,516,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $30,758,000
Nondebt-Limit Reimbursable Bond Retirement
Account -- State Appropriation . . . . . . . . . . . . $140,417,000
TOTAL APPROPRIATION . . . . . . . . . . . . $198,691,000
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
2012 shall be expended into the nondebt-limit general fund bond
retirement account by June 30, 2012.
NEW SECTION. Sec. 704 FOR THE STATE TREASURER -- BOND RETIREMENT
AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR
BOND SALE EXPENSES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,357,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,357,000
State Building Construction Account -- State
Appropriation . . . . . . . . . . . . $1,273,000
Columbia River Basin Water Supply Development
Account -- State Appropriation . . . . . . . . . . . . $12,000
Hood Canal Aquatic Rehabilitation Bond Account -- State
Appropriation . . . . . . . . . . . . $1,000
State Taxable Building Construction Account -- State
Appropriation . . . . . . . . . . . . $55,000
Gardner-Evans Higher Education Construction
Account -- State Appropriation . . . . . . . . . . . . $1,000
TOTAL APPROPRIATION . . . . . . . . . . . . $4,056,000
NEW SECTION. Sec. 705 FOR THE OFFICE OF FINANCIAL MANAGEMENT--FIRE CONTINGENCY
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $4,000,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $4,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . $8,000,000
The appropriations in this section are subject to the following
conditions and limitations: The appropriations are provided solely for
expenditure into the disaster response account to be used for any
Washington state fire service resource mobilization costs incurred by
the Washington state patrol in response to an emergency or disaster
authorized under RCW 43.43.960 and 43.43.964.
NEW SECTION. Sec. 706 FOR THE OFFICE OF FINANCIAL MANAGEMENT--DISASTER RESPONSE ACCOUNT
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $14,575,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $75,000
TOTAL APPROPRIATION . . . . . . . . . . . . $14,650,000
The appropriations in this section are subject to the following
conditions and limitations: The appropriations are provided solely for
expenditure into the disaster response account. $5,000,000 of the
appropriation is provided for emergency fire suppression by the
department of natural resources.
NEW SECTION. Sec. 707 FOR THE OFFICE OF FINANCIAL MANAGEMENT--EMERGENCY FUND
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $850,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $850,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,700,000
The appropriations in this section are subject to the following
conditions and limitations: The appropriations in this section are for
the governor's emergency fund for the critically necessary work of any
agency.
NEW SECTION. Sec. 708 FOR THE OFFICE OF FINANCIAL MANAGEMENT--EDUCATION TECHNOLOGY REVOLVING ACCOUNT
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $8,000,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $8,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . $16,000,000
The appropriations in this section are subject to the following
conditions and limitations: The appropriations in this section are
provided solely for expenditure into the education technology revolving
account for the purpose of covering ongoing operational and equipment
replacement costs incurred by the K-20 educational network program in
providing telecommunication services to network participants.
NEW SECTION. Sec. 709 INCENTIVE SAVINGS -- FY 2012
The sum of one hundred twenty-five million dollars or so much
thereof as may be available on June 30, 2012, from the total amount of
unspent fiscal year 2012 state general fund appropriations, exclusive
of amounts expressly placed into unallotted status by this act, is
appropriated for the purposes of RCW 43.79.460 in the manner provided
in this section.
(1) Of the total appropriated amount, one-half of that portion that
is attributable to incentive savings, not to exceed twenty-five million
dollars, is appropriated to the savings incentive account for the
purpose of improving the quality, efficiency, and effectiveness of
agency services, and credited to the agency that generated the savings.
(2) The remainder of the total amount, not to exceed one hundred
million dollars, is appropriated to the education savings account.
NEW SECTION. Sec. 710 INCENTIVE SAVINGS--FY 2013
The sum of one hundred twenty-five million dollars or so much
thereof as may be available on June 30, 2013, from the total amount of
unspent fiscal year 2013 state general fund appropriations, exclusive
of amounts expressly placed into unallotted status by this act, is
appropriated for the purposes of RCW 43.79.460 in the manner provided
in this section.
(1) Of the total appropriated amount, one-half of that portion that
is attributable to incentive savings, not to exceed twenty-five million
dollars, is appropriated to the savings incentive account for the
purpose of improving the quality, efficiency, and effectiveness of
agency services, and credited to the agency that generated the savings.
(2) The remainder of the total amount, not to exceed one hundred
million dollars, is appropriated to the education savings account.
NEW SECTION. Sec. 711 FOR THE OFFICE OF FINANCIAL MANAGEMENT--O'BRIEN BUILDING IMPROVEMENT
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $2,846,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $2,950,000
TOTAL APPROPRIATION . . . . . . . . . . . . $5,796,000
The appropriations in this section are subject to the following
conditions and limitations: The appropriations are provided solely for
expenditure into the general administration services account for
payment of principal, interest, and financing expenses associated with
the certificate of participation for the O'Brien building improvement,
project number 20081007.
NEW SECTION. Sec. 712 FOR THE DEPARTMENT OF HEALTH -- COUNTY
PUBLIC HEALTH ASSISTANCE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $24,000,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $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 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 2012 | FY 2013 | FY 2011-13 Biennium |
| Adams County Health District | $30,951 | $30,951 | $61,902 |
| Asotin County Health District | $67,714 | $67,714 | $135,428 |
| Benton-Franklin Health District | $1,165,612 | $1,165,612 | $2,331,224 |
| Chelan-Douglas Health District | $184,761 | $184,761 | $369,522 |
| $141,752 | $141,752 | $283,504 | |
| Clark County Health District | $1,057,792 | $1,057,792 | $2,115,594 |
| Skamania County Health Department | $26,681 | $26,681 | $53,362 |
| Columbia County Health District | $40,529 | $40,529 | $81,058 |
| Cowlitz County Health Department | $278,560 | $278,560 | $557,120 |
| Garfield County Health District | $15,028 | $15,028 | $30,056 |
| Grant County Health District | $118,595 | $118,596 | $237,191 |
| Grays Harbor Health Department | $183,870 | $183,870 | $367,740 |
| Island County Health Department | $91,892 | $91,892 | $183,784 |
| Jefferson County Health and Human Services | $85,782 | $85,782 | $171,564 |
| Seattle-King County Department of Public Health | $9,531,747 | $9,531,747 | $19,063,494 |
| Bremerton-Kitsap County Health District | $554,669 | $554,669 | $1,109,338 |
| Kittitas County Health Department | $92,499 | $92,499 | $184,998 |
| Klickitat County Health Department | $62,402 | $62,402 | $124,804 |
| Lewis County Health Department | $105,801 | $105,801 | $211,602 |
| Lincoln County Health Department | $29,705 | $29,705 | $59,410 |
| Mason County Department of Health Services | $95,988 | $95,988 | $191,976 |
| Okanogan County Health District | $63,458 | $63,458 | $126,916 |
| Pacific County Health Department | $77,427 | $77,427 | $154,854 |
| Tacoma-Pierce County Health Department | $2,820,590 | $2,820,590 | $5,641,180 |
| San Juan County Health and Community Services | $37,531 | $37,531 | $75,062 |
| Skagit County Health Department | $223,927 | $223,927 | $447,854 |
| Snohomish Health District | $2,258,207 | $2,258,207 | $4,516,414 |
| Spokane County Health District | $2,101,429 | $2,101,429 | $4,202,858 |
| Northeast Tri-County Health District | $110,454 | $110,454 | $220,908 |
| Thurston County Health Department | $600,419 | $600,419 | $1,200,838 |
| Wahkiakum County Health Department | $13,773 | $13,772 | $27,545 |
| Walla Walla County-City Health Department | $172,062 | $172,062 | $344,124 |
| Whatcom County Health Department | $855,863 | $855,863 | $1,711,726 |
| Whitman County Health Department | $78,733 | $78,733 | $157,466 |
| Yakima Health District | $623,797 | $623,797 | $1,247,594 |
| TOTAL APPROPRIATIONS | $24,000,000 | $24,000,000 | $48,000,000 |
NEW SECTION. Sec. 713 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, 2011, 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 2012) . . . . . . . . . . . . $54,547,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $56,729,000
TOTAL APPROPRIATION . . . . . . . . . . . . $111,276,000
(2) There is appropriated for contributions to the judicial
retirement system:
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $9,100,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $13,100,000
TOTAL APPROPRIATION . . . . . . . . . . . . $22,200,000
NEW SECTION. Sec. 714 BELATED CLAIMS
The agencies and institutions of the state may expend moneys
appropriated in this act, upon approval of the office of financial
management, for the payment of supplies and services furnished to the
agency or institution in prior fiscal biennia.
NEW SECTION. Sec. 715 FOR THE OFFICE OF FINANCIAL MANAGEMENT--EXTRAORDINARY CRIMINAL JUSTICE COSTS
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $591,000
The appropriation in this section is subject to the following
conditions and limitations: The director of financial management shall
distribute $338,000 to Franklin county, $128,000 to Jefferson county,
and $125,000 to Okanogan county for extraordinary criminal justice
costs.
NEW SECTION. Sec. 716 FOR THE OFFICE OF FINANCIAL MANAGEMENT--AGENCY REALLOCATION AND REALIGNMENT COMMISSION
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $100,000
The appropriation in this section is 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, 2012.
NEW SECTION. Sec. 717 FOR THE OFFICE OF FINANCIAL MANAGEMENT--STATE EFFICIENCY AND RESTRUCTURING REPAYMENT
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $5,487,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $5,487,000
TOTAL APPROPRIATION . . . . . . . . . . . . $10,974,000
The appropriations in this section are subject to the following
conditions and limitations: The appropriations in this section are
provided solely for expenditure into the cleanup settlement account on
July 1, 2011, and July 1, 2012, as repayment of moneys that were
transferred to the state efficiency and restructuring account.
NEW SECTION. Sec. 718 A new section is added to 2011 c 367
(uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--TRANSPORTATION EMPLOYEES--RETIREMENT SYSTEM CONTRIBUTIONS
Dedicated Funds and Accounts Appropriation . . . . . . . . . . . . $148,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) The appropriation in this section is provided solely to
increase agency and institution appropriations in accordance with the
schedules in LEAP Transportation Document C-AFS dated May 22, 2011,
which is hereby incorporated by reference. The office of financial
management shall allocate the moneys appropriated in this section in
the amounts specified and adjust appropriation schedules accordingly.
(2) The appropriation in this section reflects additional
retirement system contributions resulting from House Bill No. 2070
(average final compensation). If the bill is not enacted by June 30,
2011, the amounts provided in this section shall lapse.
NEW SECTION. Sec. 719 A new section is added to 2011 c 367
(uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--TRANSPORTATION EMPLOYEES--RETIREMENT SYSTEM CONTRIBUTIONS
Dedicated Funds and Accounts Appropriation . . . . . . . . . . . . ($64,000)
The appropriation in this section is subject to the following
conditions and limitations:
(1) The appropriation in this section is provided solely to reduce
agency and institution appropriations in accordance with the schedules
in LEAP Transportation Document C-RTA dated May 22, 2011, which is
hereby incorporated by reference. The office of financial management
shall allocate the moneys appropriated in this section in the amounts
specified and adjust appropriation schedules accordingly.
(2) The appropriation in this section reflects reduced retirement
system contributions resulting from Substitute Bill No. 1981 (higher
education retirement plans and postretirement employment). If the bill
is not enacted by June 30, 2011, this section shall not take effect.
NEW SECTION. Sec. 720 A new section is added to 2011 c 367
(uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--TRANSPORTATION EMPLOYEE SALARY
REDUCTIONS
Dedicated Funds and Accounts Appropriation . . . . . . . . . . . . ($17,856,000)
The appropriation in this section is solely for the purposes
designated in this section and is subject to the following conditions
and limitations:
(1) The appropriation in this section is provided solely to reduce
agency appropriations in the transportation appropriations act to
reflect savings associated with a 3.0 percent salary reduction for
state employees as provided in Substitute Senate Bill No. 5860 (state
government employee compensation).
(2) The appropriation from dedicated funds and accounts shall be
made in the amounts specified and from the dedicated funds and accounts
specified in LEAP Transportation Document C-GLK dated May 22, 2011,
which is hereby incorporated by reference. The office of financial
management shall allocate the moneys appropriated in this section in
the amounts specified and to the state agencies specified in LEAP
Transportation Document C-GLK and adjust appropriation schedules
accordingly. The office of financial management shall make any further
allotment adjustments necessary to reflect agency mergers or
consolidations assumed in this act.
NEW SECTION. Sec. 721 A new section is added to 2011 c 367
(uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--TRANSPORTATION EMPLOYEES
RETIREMENT SYSTEM CONTRIBUTIONS
Dedicated Funds and Accounts Appropriation . . . . . . . . . . . . ($13,576,000)
The appropriation in this section is solely for the purposes
designated in this section and is subject to the following conditions
and limitations:
(1) The appropriation in this section is provided solely to reduce
agency appropriations in the transportation appropriations act to
reflect retirement system employer contribution rate changes. The
appropriation from dedicated funds and accounts shall be made in the
amounts specified and from the dedicated funds and accounts specified
in LEAP Transportation Document C-GLU dated May 22, 2011, which is
hereby incorporated by reference. The office of financial management
shall allocate the moneys appropriated in this section in the amounts
specified and to the state agencies specified in LEAP Transportation
Document C-GLU and adjust appropriation schedules accordingly.
(2) The appropriation in this section reflect reduced retirement
system contributions resulting from Senate Bill No. 5920 (limiting
annual increase amounts). If the bill is not enacted by June 30, 2011,
this section shall not take effect.
NEW SECTION. Sec. 722
The office of financial management shall work with the appropriate
state agencies to generate savings of $1,875,000 from the state general
fund resulting from Senate Bill No. 5931 (state government). From
appropriations in this act, the office of financial management shall
reduce general fund--state allotments by $1,875,000 for fiscal year
2013 to reflect savings resulting from Senate Bill No. 5931 (state
government). The allotment reductions shall be placed in unallotted
status and remain unexpended.
NEW SECTION. Sec. 723 FOR THE OFFICE OF FINANCIAL MANAGEMENT--TRANSITIONAL HOUSING OPERATING AND RENT ACCOUNT
Home Security Fund -- State Appropriation . . . . . . . . . . . . $7,500,000
The appropriation in this section is subject to the following
conditions and limitations: The appropriation is provided solely for
expenditure into the transitional housing operating and rent account.
NEW SECTION. Sec. 724 COMPENSATION--RETIRED SCHOOL EMPLOYEES--INSURANCE BENEFITS
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $1,332,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $1,332,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,664,000
The appropriations in this section are subject to the following
conditions and limitations: The appropriations are provided solely for
deposit into the public employees' and retirees' insurance account to
offset the cost of providing monthly subsidies for retired teachers
pursuant to Substitute Senate Bill No. 5846 (health benefit subsidies).
If the bill is not enacted by June 30, 2011, the appropriations shall
lapse.
NEW SECTION. Sec. 725 FOR THE OFFICE OF FINANCIAL MANAGEMENT--INDUSTRIAL INSURANCE SAVINGS
From the appropriations in this act, the office of financial
management shall reduce general fund--state allotments for fiscal year
2012 by $3,014,000 and for fiscal year 2013 by $3,015,000 to reflect
savings in the industrial insurance costs of state agencies resulting
from the implementation of House Bill No. 2123 (workers' compensation
system). The allotment reductions shall be placed in reserve status
and remain unexpended. If the bill is not enacted by June 30, 2011,
this section shall not take effect.
NEW SECTION. Sec. 726 FOR THE OFFICE OF FINANCIAL MANAGEMENT--VEHICLE LICENSE FRAUD ACCOUNT
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $100,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $100,000
TOTAL APPROPRIATION . . . . . . . . . . . . $200,000
The appropriations in this section are subject to the following
conditions and limitations: The appropriations in this section are
provided solely for expenditure into the vehicle license fraud account.
NEW SECTION. Sec. 801 FOR THE STATE TREASURER -- STATE REVENUES
FOR DISTRIBUTION
General Fund Appropriation for fire insurance
premium distributions . . . . . . . . . . . . $8,368,000
General Fund Appropriation for public utility
district excise tax distributions . . . . . . . . . . . . $49,418,000
General Fund Appropriation for prosecuting
attorney distributions . . . . . . . . . . . . $6,281,000
General Fund Appropriation for boating safety
and education distributions . . . . . . . . . . . . $4,000,000
General Fund Appropriation for other tax distributions . . . . . . . . . . . . $58,000
General Fund Appropriation for habitat conservation
program distributions . . . . . . . . . . . . $3,000,000
Death Investigations Account Appropriation for
distribution to counties for publicly funded
autopsies . . . . . . . . . . . . $2,960,000
Aquatic Lands Enhancement Account Appropriation for
harbor improvement revenue distribution . . . . . . . . . . . . $160,000
Timber Tax Distribution Account Appropriation for
distribution to "timber" counties . . . . . . . . . . . . $40,421,000
County Criminal Justice Assistance Appropriation . . . . . . . . . . . . $69,801,000
Municipal Criminal Justice Assistance Appropriation . . . . . . . . . . . . $26,950,000
City-County Assistance Account Appropriation for local
government financial assistance distribution . . . . . . . . . . . . $16,589,000
Liquor Excise Tax Account Appropriation for liquor
excise tax distribution . . . . . . . . . . . . $52,152,000
Streamlined Sales and Use Tax Mitigation Account
Appropriation for distribution to local taxing
jurisdictions to mitigate the unintended revenue
redistribution effect of the sourcing law changes . . . . . . . . . . . . $49,635,000
Columbia River Water Delivery Account Appropriation for
the Confederated Tribes of the Colville Reservation . . . . . . . . . . . . $7,441,000
Columbia River Water Delivery Account Appropriation for
the Spokane Tribe of Indians . . . . . . . . . . . . $4,748,000
Liquor Revolving Account Appropriation for liquor
profits distribution . . . . . . . . . . . . $69,318,000
TOTAL APPROPRIATION . . . . . . . . . . . . $411,301,000
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 FOR THE STATE TREASURER -- FOR THE COUNTY
CRIMINAL JUSTICE ASSISTANCE ACCOUNT
Impaired Driver Safety Account Appropriation . . . . . . . . . . . . $2,501,000
The appropriation in this section is subject to the following
conditions and limitations: The amount appropriated in this section
shall be distributed quarterly during the 2011-2013 fiscal biennium in
accordance with RCW 82.14.310. This funding is provided to counties
for the costs of implementing criminal justice legislation including,
but not limited to: Chapter 206, Laws of 1998 (drunk driving
penalties); chapter 207, Laws of 1998 (DUI penalties); chapter 208,
Laws of 1998 (deferred prosecution); chapter 209, Laws of 1998
(DUI/license suspension); chapter 210, Laws of 1998 (ignition interlock
violations); chapter 211, Laws of 1998 (DUI penalties); chapter 212,
Laws of 1998 (DUI penalties); chapter 213, Laws of 1998 (intoxication
levels lowered); chapter 214, Laws of 1998 (DUI penalties); and chapter
215, Laws of 1998 (DUI provisions).
NEW SECTION. Sec. 803 FOR THE STATE TREASURER -- MUNICIPAL
CRIMINAL JUSTICE ASSISTANCE ACCOUNT
Impaired Driver Safety Account Appropriation . . . . . . . . . . . . $1,666,000
The appropriation in this section is subject to the following
conditions and limitations: The amount appropriated in this section
shall be distributed quarterly during the 2011-2013 biennium to all
cities ratably based on population as last determined by the office of
financial management. The distributions to any city that substantially
decriminalizes or repeals its criminal code after July 1, 1990, and
that does not reimburse the county for costs associated with criminal
cases under RCW 3.50.800 or 3.50.805(2), shall be made to the county in
which the city is located. This funding is provided to cities for the
costs of implementing criminal justice legislation including, but not
limited to: Chapter 206, Laws of 1998 (drunk driving penalties);
chapter 207, Laws of 1998 (DUI penalties); chapter 208, Laws of 1998
(deferred prosecution); chapter 209, Laws of 1998 (DUI/license
suspension); chapter 210, Laws of 1998 (ignition interlock violations);
chapter 211, Laws of 1998 (DUI penalties); chapter 212, Laws of 1998
(DUI penalties); chapter 213, Laws of 1998 (intoxication levels
lowered); chapter 214, Laws of 1998 (DUI penalties); and chapter 215,
Laws of 1998 (DUI provisions).
NEW SECTION. Sec. 804 FOR THE STATE TREASURER -- FEDERAL REVENUES
FOR DISTRIBUTION
General Fund Appropriation for federal flood control
funds distribution . . . . . . . . . . . . $74,000
General Fund Appropriation for federal grazing fees
distribution . . . . . . . . . . . . $2,430,000
Forest Reserve Fund Appropriation for federal forest
reserve fund distribution . . . . . . . . . . . . $29,175,000
TOTAL APPROPRIATION . . . . . . . . . . . . $31,679,000
The total expenditures from the state treasury under the
appropriations in this section shall not exceed the funds available
under statutory distributions for the stated purposes.
NEW SECTION. Sec. 805 FOR THE STATE TREASURER -- TRANSFERS
State Treasurer's Service Account: For transfer to
the state general fund, $10,000,000 for fiscal
year 2012 and $15,000,000 for fiscal year 2013 . . . . . . . . . . . . $25,000,000
Waste Reduction, Recycling, and Litter Control
Account: For transfer to the state general
fund, $3,500,000 for fiscal year 2012 and
$3,500,000 for fiscal year 2013 . . . . . . . . . . . . $7,000,000
Aquatics Lands Enhancement Account: For transfer to
the state general fund, $3,500,000 for fiscal
year 2012 and $3,500,000 for fiscal year 2013 . . . . . . . . . . . . $7,000,000
Drinking Water Assistance Account: For transfer to
the drinking water assistance repayment account . . . . . . . . . . . . $38,000,000
Economic Development Strategic Reserve Account: For
transfer to the state general fund, $2,100,000
for fiscal year 2012 and $2,100,000 for fiscal
year 2013 . . . . . . . . . . . . $4,200,000
General Fund: For transfer to the streamlined sales
and use tax account, $24,846,000 for fiscal year
2012 and $24,789,000 for fiscal year 2013 . . . . . . . . . . . . $49,635,000
Public Works Assistance Account: For transfer to the
water pollution control revolving account,
$7,750,000 for fiscal year 2012 and $7,750,000 for
fiscal year 2013 . . . . . . . . . . . . $15,500,000
The Charitable, Educational, Penal, and Reformatory
Institutions Account: For transfer to the state
general fund, $4,500,000 for fiscal year 2012 and
$4,500,000 for fiscal year 2013 . . . . . . . . . . . . $9,000,000
Thurston County Capital Facilities Account: For
transfer to the state general fund, $4,000,000
for fiscal year 2012 and $4,000,000 for fiscal
year 2013 . . . . . . . . . . . . $8,000,000
Public Works Assistance Account: For transfer to the
drinking water assistance account, $10,000,000 for
fiscal year 2012 and $5,000,000 for fiscal year
2013 . . . . . . . . . . . . $15,000,000
Liquor Control Board Construction and Maintenance
Account: For transfer to the state general fund,
$500,000 for fiscal year 2012 and $500,000 for
fiscal year 2013 . . . . . . . . . . . . $1,000,000
Education Savings Account: For transfer to the state
general fund, $22,500,000 for fiscal year 2012
and $22,500,000 for fiscal year 2013 . . . . . . . . . . . . $45,000,000
Department of Retirement Systems Expense Account:
For transfer to the state general fund, $250,000
for fiscal year 2012 and $250,000 for fiscal year
2013 . . . . . . . . . . . . $500,000
Education Construction Account: For transfer to the
state general fund, $102,000,000 for fiscal year
2012 and $102,000,000 for fiscal year 2013 . . . . . . . . . . . . $204,000,000
Public Works Assistance Account: For transfer to the
state general fund, $25,000,000 for fiscal year 2012
and $25,000,000 for fiscal year 2013 . . . . . . . . . . . . $50,000,000
Foster Care Endowed Scholarship Trust Fund: For transfer
to the state general fund, $200,000 for fiscal year
2012 and $200,000 for fiscal year 2013 . . . . . . . . . . . . $400,000
Affordable Housing For All Account: For transfer to
the home security fund, $1,000,000 for fiscal year
2012 and $1,000,000 for fiscal year 2013 . . . . . . . . . . . . $2,000,000
Tobacco Settlement Account: For transfer to the state
general fund, in an amount not to exceed the actual
amount of the annual base payment to the tobacco
settlement account . . . . . . . . . . . . $158,205,000
Tobacco Settlement Account: For transfer to the basic
health plan stabilization account from the amounts
deposited in the account that are attributable to the
annual strategic contribution payment received in
fiscal year 2012 . . . . . . . . . . . . $22,000,000
Tobacco Settlement Account: For transfer to the basic
health plan stabilization account from the amounts
deposited in the account that are attributable to the
annual strategic contribution payment received in
fiscal year 2013 . . . . . . . . . . . . $22,000,000
Tobacco Settlement Account: For transfer to the life
sciences discovery fund, in an amount not to exceed
the actual remaining amount of the annual strategic
contribution payment to the tobacco settlement account
for fiscal year 2012 . . . . . . . . . . . . $6,000,000
Tobacco Settlement Account: For transfer to the life
sciences discovery fund, in an amount not to exceed
the actual remaining amount of the annual strategic
contribution payment to the tobacco settlement account
for fiscal year 2013 . . . . . . . . . . . . $6,000,000
The transfer to the life sciences discovery fund is subject to the
following conditions:
(1) All new grants awarded during the 2011-2013 fiscal biennium
shall support and accelerate the commercialization of an identifiable
product;
(2) Prior to the awarding of new grants, the life sciences
discovery fund authority must seek the input of the executive director
of the Washington economic development commission;
(3) Upon the recommendation of the Washington economic development
commission, funds may be used for the recruitment of life sciences
researchers who have a history of commercialization of new
technologies, to public research institutions in the state;
(4) Funds may be used to collaborate and contract with innovate
Washington in commercializing life sciences technology and promoting
biomedical manufacturing;
(5) Funds may be granted to public and private entities for the
purpose of leveraging private funds to the highest degree possible.
Proposals involving a startup company or corporate participant must be
given a higher priority;
(6) The life sciences discovery fund authority must develop a
payment system that allows both regular payments and payments based on
deliverables for the purpose of assisting with initial project costs;
and
(7) By December 1, 2013, the life sciences discovery fund must
report to the fiscal and economic development committees of the
legislature on the impact of grant awards on commercialization.
NEW SECTION. Sec. 901 EXPENDITURE AUTHORIZATIONS
The appropriations contained in this act are maximum expenditure
authorizations. Pursuant to RCW 43.88.037, moneys disbursed from the
treasury on the basis of a formal loan agreement shall be recorded as
loans receivable and not as expenditures for accounting purposes. To
the extent that moneys are disbursed on a loan basis, the corresponding
appropriation shall be reduced by the amount of loan moneys disbursed
from the treasury during the 2009-2011 fiscal biennium.
NEW SECTION. Sec. 902 EMERGENCY FUND ALLOCATIONS
Whenever allocations are made from the governor's emergency fund
appropriation to an agency that is financed in whole or in part by
other than general fund moneys, the director of financial management
may direct the repayment of such allocated amount to the general fund
from any balance in the fund or funds which finance the agency. An
appropriation is not necessary to effect such repayment.
NEW SECTION. Sec. 903 STATUTORY APPROPRIATIONS
In addition to the amounts appropriated in this act for revenues
for distribution, state contributions to the law enforcement officers'
and fire fighters' retirement system plan 2, and bond retirement and
interest including ongoing bond registration and transfer charges,
transfers, interest on registered warrants, and certificates of
indebtedness, there is also appropriated such further amounts as may be
required or available for these purposes under any statutory formula or
under chapters 39.94 and 39.96 RCW or any proper bond covenant made
under law.
NEW SECTION. Sec. 904 BOND EXPENSES
In addition to such other appropriations as are made by this act,
there is hereby appropriated to the state finance committee from
legally available bond proceeds in the applicable construction or
building funds and accounts such amounts as are necessary to pay the
expenses incurred in the issuance and sale of the subject bonds.
NEW SECTION. Sec. 905 VOLUNTARY RETIREMENT, SEPARATION, AND
DOWNSHIFTING INCENTIVES
As a management tool to reduce costs and make more effective use of
resources, while improving employee productivity and morale, agencies
may implement a voluntary retirement, separation, and/or downshifting
incentive program that is cost neutral or results in cost savings over
a two-year period following the commencement of the program, provided
that such a program is approved by the director of financial
management. Agencies participating in this authorization may offer
voluntary retirement, separation, and/or downshifting incentives and
options according to procedures and guidelines established by the
office of financial management, in consultation with the department of
personnel and the department of retirement systems. The options may
include, but are not limited to, financial incentives for: Voluntary
separation or retirement, voluntary leave without pay, voluntary work
week or work hour reduction, voluntary downward movement, or temporary
separation for development purposes. An employee does not have a
contractual right to a financial incentive offered pursuant to this
section. Offers shall be reviewed and monitored jointly by the
department of personnel and the department of retirement systems.
Agencies are required to submit a report by June 30, 2013, to the
legislature and the office of financial management on the outcome of
their approved incentive program. The report should include
information on the details of the program including the cost of the
incentive per participant, the total cost to the state, and the
projected or actual net dollar savings over the 2011-2013 biennium.
NEW SECTION. Sec. 906 COLLECTIVE BARGAINING AGREEMENTS NOT
IMPAIRED
Nothing in this act prohibits the expenditure of any funds by an
agency or institution of the state for benefits guaranteed by any
collective bargaining agreement in effect on the effective date of this
section.
NEW SECTION. Sec. 907 COLLECTIVE BARGAINING AGREEMENTS
The following sections represent the results of the 2011-2013
collective bargaining process required under the provisions of chapters
41.80 and 41.56 RCW. Provisions of the collective bargaining
agreements contained in this act are described in general terms. Only
major economic terms are included in the descriptions. These
descriptions do not contain the complete contents of the agreements.
The collective bargaining agreements or the continuation of terms and
conditions of the 2009-2011 agreements contained in Part IX of this act
may also be funded by expenditures from nonappropriated accounts. If
positions are funded with lidded grants or dedicated fund sources with
insufficient revenue, additional funding from other sources is not
provided.
NEW SECTION. Sec. 908 COLLECTIVE BARGAINING AGREEMENTS--WFSE,
TEAMSTERS, UFCW, WAFWP, IFPTE 17, COALITION OF UNIONS
Agreements have been reached between the governor and the following
unions: Washington federation of state employees, teamsters local
union 117, united food and commercial workers, Washington association
of fish and wildlife professionals, international federation of
professional and technical engineers local 17, and the coalition of
unions, under the provisions of chapter 41.80 RCW for the 2011-2013
biennium subject to union internal processes/procedures. Funding is
reduced to reflect a 3.0 percent temporary salary reduction for all
employees whose monthly full-time equivalent salary is $2,500 or more
per month covered under the agreements for fiscal years 2012 and 2013
through June 29, 2013. Effective June 30, 2013, the salary schedules
effective July 1, 2009, through June 30, 2011 will be reinstated. For
employees entitled to leave, temporary salary reduction leave is
granted for the term of the 2011-2013 agreement.
NEW SECTION. Sec. 909 COLLECTIVE BARGAINING AGREEMENT--SEIU
HEALTHCARE 1199NW
An agreement has been reached between the governor and the service
employees international union healthcare 1199nw under the provisions of
chapter 41.80 RCW for the 2011-2013 biennium subject to union internal
processes/procedures. Funding is reduced to reflect 8 days of leave
without pay per year for fiscal years 2012 and 2013.
NEW SECTION. Sec. 910 COLLECTIVE BARGAINING AGREEMENT--TERMS
AND CONDITIONS
No agreements have been reached between the governor and the
following unions: Washington public employees association, Washington
public employees association higher education community college
coalition, Washington federation of state employees higher education
community college coalition, Washington federation of state employees
Central Washington University, Washington federation of state employees
Western Washington University, Washington federation of state employees
The Evergreen State College, and public school employees Western
Washington University, under the provisions of chapter 41.80 RCW for
the 2011-2013 biennium. Appropriations in this act provide funding to
continue the terms and conditions of the 2009-2011 general government
and higher education agreements negotiated by the office of financial
management's labor relations office under the provisions of chapter
41.80 RCW. For fiscal year 2012, appropriations have been reduced in
an amount equal to a 3 percent salary reduction for all represented
employees whose monthly full-time equivalent salary is $2,500 or more
per month. This reduction will be implemented according to the terms
and conditions of the 2009-2011 agreements. For fiscal year 2013,
funding is reduced to reflect a 3.0 percent temporary salary reduction
for all employees whose monthly full-time equivalent salary is $2,500
or more per month through June 29, 2013. Effective June 30, 2013, the
salary schedules effective July 1, 2009, through June 30, 2011, will be
reinstated. For employees entitled to leave, temporary salary
reduction leave is granted for fiscal year 2013. These changes will be
implemented according to law.
NEW SECTION. Sec. 911 COLLECTIVE BARGAINING AGREEMENT--WSP
TROOPERS ASSOCIATION
No agreement has been reached between the governor and the
Washington state patrol trooper's association under the provisions of
chapter 41.56 RCW for the 2011-2013 biennium. Appropriations in this
act for the Washington state patrol provide funding to continue the
provisions of the 2009-2011 agreement.
NEW SECTION. Sec. 912 COLLECTIVE BARGAINING AGREEMENT--WSP
LIEUTENANTS ASSOCIATION
No agreement has been reached between the governor and the
Washington state patrol lieutenant's association under the provisions
of chapter 41.56 RCW for the 2011-2013 biennium. Appropriations in
this act for the Washington state patrol provide funding to continue
the provisions of the 2009-2011 agreement.
NEW SECTION. Sec. 913 COLLECTIVE BARGAINING AGREEMENT FOR
NONSTATE EMPLOYEES--SEIU HEALTHCARE 775NW HOMECARE WORKERS
An agreement has been reached between the governor and the service
employees international union healthcare 775nw under chapter 74.39A RCW
for the 2011-2013 fiscal biennium, subject to union internal processes
and procedures. Appropriations pursuant to sections 205 and 206 of
this act reflect the tentative agreement reached on January 6, 2011,
and include an increase in the state's health care contributions for
individual providers of home care services. Due to policy reductions
elsewhere in this act that reduce personal care hours, delay increases
to required training, and modify agency parity requirements, no
additional appropriation is included for the health care increase.
Appropriations in sections 205 and 206 of this act are reduced to
reflect a reduced contribution to the training partnership due to the
delay in the implementation of increased required training.
NEW SECTION. Sec. 914 COLLECTIVE BARGAINING AGREEMENT FOR
NONSTATE EMPLOYEES--SEIU LOCAL 925 CHILDCARE WORKERS
An agreement has been reached between the governor and the service
employees international union local 925 under the provisions of chapter
41.56 RCW for the 2011-2013 biennium, subject to union internal
processes/procedures. Funding for an increase in the state's health
care contribution for childcare workers is included in the budget.
NEW SECTION. Sec. 915 COLLECTIVE BARGAINING AGREEMENT FOR
NONSTATE EMPLOYEES--WSRCC ADULT FAMILY HOMES
Appropriations in this act reflect the collective bargaining
agreement reached between the governor and the Washington state
residential care council under the provisions of chapter 41.56 RCW for
the 2011-2013 biennium. For those covered under this agreement,
economic provisions are the same as the terms and conditions in the
2009-2011 agreement.
NEW SECTION. Sec. 916 COLLECTIVE BARGAINING AGREEMENT--CENTRAL
WASHINGTON UNIVERSITY PUBLIC SCHOOL EMPLOYEES OF WASHINGTON
An agreement has been reached between Central Washington University
and the public school employees of Washington under the provisions of
chapter 41.80 RCW for the 2011-2013 biennium subject to union internal
processes/procedures. Funding is reduced to reflect a 3.0 percent
temporary salary reduction for all employees whose monthly full-time
equivalent salary is $2,500 or more per month for fiscal years 2012 and
2013 through June 29, 2013. Effective June 30, 2013, the salary
schedules effective July 1, 2009 through June 30, 2011 will be
reinstated. For employees entitled to leave temporary salary reduction
leave is granted for the term of the 2011-2013 agreement.
NEW SECTION. Sec. 917 COLLECTIVE BARGAINING AGREEMENT--WASHINGTON STATE UNIVERSITY POLICE GUILD
An agreement has been reached between Washington State University
and the Washington State University police guild. The financial
provisions of the 2009-2011 remain in place for the 2011-2013 biennium.
NEW SECTION. Sec. 918 COLLECTIVE BARGAINING AGREEMENT FOR WFSE
POLICE MANAGEMENT ASSOCIATION
An agreement has been reached between the University of Washington
and the Washington federation of state employees police management
association under chapter 41.80 RCW for the 2011-2013 fiscal biennium,
subject to union internal processes and procedures. If appropriations
in this act require reduced salaries and wages, the agreement can be
reopened to negotiate compliance with the requirement.
NEW SECTION. Sec. 919 COLLECTIVE BARGAINING AGREEMENTS--UNIVERSITY OF WASHINGTON AND WASHINGTON STATE UNIVERSITY
Appropriations in this act reflect the collective bargaining
agreements reached between the University of Washington and the service
employees' international union 925 and the Washington federation of
state employees and between Washington State University and the
Washington federation of state employees. The financial provisions of
the 2009-2011 contracts remain in place for the 2011-2013 fiscal
biennium. For the contract period 2011-2013, appropriations have been
reduced in an amount equal to a temporary three percent salary
reduction for all represented employees making $2,500 or more per
month. Reductions will be implemented according to the terms and
conditions of the 2011 agreements.
NEW SECTION. Sec. 920 COMPENSATION--NONREPRESENTED EMPLOYEES--INSURANCE BENEFITS
Appropriations for state agencies in this act are sufficient for
nonrepresented 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 $850 per eligible employee for
fiscal year 2012. For fiscal year 2013 the monthly employer funding
rate shall not exceed $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.
(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.
(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. For calendar years 2012 and 2013, the subsidy shall be
$150.00 per month.
(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, $66.01 per month beginning
September 1, 2011, and $67.91 beginning September 1, 2012;
(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, $66.01 each month beginning September 1, 2011, and
$67.91 beginning September 1, 2012, 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.
NEW SECTION. Sec. 921 COMPENSATION--REPRESENTED EMPLOYEES
OUTSIDE SUPER COALITION--INSURANCE BENEFITS
Appropriations for state agencies in this act are sufficient for
represented employees outside the super coalition for health benefits,
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 $850 per eligible employee for
fiscal year 2012. For fiscal year 2013 the monthly employer funding
rate shall not exceed $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.
(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.
(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. For calendar years 2012 and 2013, the subsidy shall be
$150.00 per month.
(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, $66.01 per month beginning
September 1, 2011, and $67.91 beginning September 1, 2012;
(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, $66.01 each month beginning September 1, 2011, and
$67.91 beginning September 1, 2012, 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.
NEW SECTION. Sec. 922 COMPENSATION--REPRESENTED EMPLOYEES--SUPER COALITION--INSURANCE BENEFITS
The collective bargaining agreement negotiated with the super
coalition under chapter 41.80 RCW includes employer premiums at 85
percent of the total weighted average of the projected health care
premiums across all plans and tiers. Appropriations in this act for
state agencies, including institutions of higher education are
sufficient to fund state employees health benefits for employees
represented by the super coalition on health benefits, 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 $850 per eligible employee for
fiscal year 2012. For fiscal year 2013 the monthly employer funding
rate shall not exceed $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.
(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.
(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. For calendar years 2012 and 2013, the subsidy shall be
$150.00 per month.
NEW SECTION. Sec. 923 COLLECTIVE BARGAINING AGREEMENTS--LANGUAGE ACCESS PROVIDERS
If the governor and the Washington federation of state employees
reach an agreement under chapter 41.56 RCW for the 2011-2013 fiscal
biennium that does not exceed the funding provided in section 213 of
this act for spoken language interpreter services, after reserving the
requisite amount of that funding for contracts with delivery
organizations including foreign language agencies, funding for the
agreement shall be considered approved pursuant to RCW 41.56.510(8) and
the parties shall execute the agreement.
NEW SECTION. Sec. 924 COLLECTIVE BARGAINING AGREEMENTS
For the collective bargaining agreements negotiated with the state
for the 2011-2013 fiscal biennium under chapters 41.56, 41.80, or
74.39A RCW, the governor may request funds necessary to implement the
terms and conditions of an agreement submitted to the office of
financial management after October 1st if that agreement is determined
to be feasible financially to the state by the director of financial
management.
NEW SECTION. Sec. 925 (1) All state agencies must track
employees trained in performance management, including, but not limited
to lean, lean-six-sigma, and the baldrige system. The agencies shall
report the number of employees trained in each performance management
technique to the government management and accountability performance
(GMAP) program.
(2) All state agencies shall provide electronic copies of their
Washington state quality award or baldrige assessments, feedback
reports, and corrective action plans to the government management and
accountability performance (GMAP) program, the office of the state
auditor, and the joint legislative audit and review committee. These
results must be posted on the GMAP web site for use in developing best
practices.
(3) All state agencies must integrate performance management
assessments, including the Washington state quality award assessment
into their agency's strategic plan.
Sec. 926 RCW 15.76.115 and 2011 c 103 s 10 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(7) 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, and except
during fiscal year 2012 and fiscal year 2013 the state treasurer shall
transfer into the fair fund from the general fund the sum of one
million seven hundred fifty thousand dollars each fiscal year.
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. 927 RCW 19.30.030 and 1985 c 280 s 3 are each amended to
read as follows:
(1) The director shall not issue to any person a license to act as
a farm labor contractor until:
(((1))) (a) Such person has executed a written application on a
form prescribed by the director, subscribed and sworn to by the
applicant, and containing (((a))) (i) a statement by the applicant of
all facts required by the director concerning the applicant's
character, competency, responsibility, and the manner and method by
which he or she proposes to conduct operations as a farm labor
contractor if such license is issued, and (((b))) (ii) the names and
addresses of all persons financially interested, either as partners,
stockholders, associates, profit sharers, or providers of board or
lodging to agricultural employees in the proposed operation as a labor
contractor, together with the amount of their respective interests;
(((2))) (b) The director, after investigation, is satisfied as to
the character, competency, and responsibility of the applicant;
(((3))) (c) The applicant has paid to the director a license fee
of: (((1))) (i) Thirty-five dollars in the case of a farm labor
contractor not engaged in forestation or reforestation, or (((2))) (ii)
one hundred dollars in the case of a farm labor contractor engaged in
forestation or reforestation or such other sum as the director finds
necessary, and adopts by rule, for the administrative costs of
evaluating applications;
(((4))) (d) The applicant has filed proof satisfactory to the
director of the existence of a policy of insurance with any insurance
carrier authorized to do business in the state of Washington in an
amount satisfactory to the director, which insures the contractor
against liability for damage to persons or property arising out of the
contractor's operation of, or ownership of, any vehicle or vehicles for
the transportation of individuals in connection with the contractor's
business, activities, or operations as a farm labor contractor;
(((5))) (e) The applicant has filed a surety bond or other security
which meets the requirements set forth in RCW 19.30.040;
(((6))) (f) The applicant executes a written statement which shall
be subscribed and sworn to and shall contain the following declaration:
"With regards to any action filed against me concerning my
activities as a farm labor contractor, I appoint the director of the
Washington department of labor and industries as my lawful agent to
accept service of summons when I am not present in the jurisdiction in
which the action is commenced or have in any other way become
unavailable to accept service"; and
(((7))) (g) The applicant has stated on his or her application
whether or not his or her contractor's license or the license of any of
his or her agents, partners, associates, stockholders, or profit
sharers has ever been suspended, revoked, or denied by any state or
federal agency, and whether or not there are any outstanding judgments
against him or her or any of his or her agents, partners, associates,
stockholders, or profit sharers in any state or federal court arising
out of activities as a farm labor contractor.
(2) The farm labor contractor account is created in the state
treasury. All receipts from farm labor contractor licenses, security
deposits, penalties, and donations must be deposited into the account.
Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used only for administering the
farm labor contractor licensing program, subject to authorization from
the director or the director's designee.
Sec. 928 RCW 28B.15.068 and 2009 c 540 s 1 are each amended to
read as follows:
(1) Beginning with the 2007-08 academic year and ending with the
2016-17 academic year, tuition fees charged to full-time resident
undergraduate students, except in academic years 2009-10 and 2010-11,
may increase no greater than seven percent over the previous academic
year in any institution of higher education. Annual reductions or
increases in full-time tuition fees for resident undergraduate students
shall be as provided in the omnibus appropriations act, within the
seven percent increase limit established in this section. For academic
years 2009-10 and 2010-11 the omnibus appropriations act may provide
tuition increases greater than seven percent. To the extent that state
appropriations combined with tuition and fee revenues are insufficient
to achieve the total per-student funding goals established in
subsection (2) of this section, the legislature may revisit state
appropriations, authorized enrollment levels, and changes in tuition
fees for any given fiscal year. In order to facilitate the full
implementation of chapter . . . (Engrossed Second Substitute House Bill
No. 1795), Laws of 2011 1st sp. sess. for the 2011-12 academic year and
thereafter, the institutions of higher education are authorized to
adopt tuition levels that are less than, equal to, or greater than the
tuition levels assumed in the omnibus appropriations act, subject to
the conditions and limitations in this chapter and the omnibus
appropriations act.
(2) The state shall adopt as its goal total per-student funding
levels, from state appropriations plus tuition and fees, of at least
the sixtieth percentile of total per-student funding at similar public
institutions of higher education in the global challenge states. In
defining comparable per-student funding levels, the office of financial
management shall adjust for regional cost-of-living differences; for
differences in program offerings and in the relative mix of lower
division, upper division, and graduate students; and for accounting and
reporting differences among the comparison institutions. The office of
financial management shall develop a funding trajectory for each four-year institution of higher education and for the community and
technical college system as a whole that when combined with tuition and
fees revenue allows the state to achieve its funding goal for each
four-year institution and the community and technical college system as
a whole no later than fiscal year 2017. The state shall not reduce
enrollment levels below fiscal year 2007 budgeted levels in order to
improve or alter the per-student funding amount at any four-year
institution of higher education or the community and technical college
system as a whole. The state recognizes that each four-year
institution of higher education and the community and technical college
system as a whole have different funding requirements to achieve
desired performance levels, and that increases to the total per-student
funding amount may need to exceed the minimum funding goal.
(3) By September 1st of each year beginning in 2008, the office of
financial management shall report to the governor, the higher education
coordinating board, and appropriate committees of the legislature with
updated estimates of the total per-student funding level that
represents the sixtieth percentile of funding for comparable
institutions of higher education in the global challenge states, and
the progress toward that goal that was made for each of the public
institutions of higher education.
(4) As used in this section, "global challenge states" are the top
performing states on the new economy index published by the progressive
policy institute as of July 22, 2007. The new economy index ranks
states on indicators of their potential to compete in the new economy.
At least once every five years, the office of financial management
shall determine if changes to the list of global challenge states are
appropriate. The office of financial management shall report its
findings to the governor and the legislature.
(5) During the 2009-10 and the 2010-11 academic years, institutions
of higher education shall include information on their billing
statements notifying students of tax credits available through the
American opportunity tax credit provided in the American recovery and
reinvestment act of 2009.
Sec. 929 RCW 28B.116.050 and 2005 c 215 s 6 are each amended to
read as follows:
(1) The foster care endowed scholarship trust fund is created in
the custody of the state treasurer.
(2) Funds appropriated by the legislature for the foster care
endowed scholarship trust fund shall be deposited in the foster care
endowed scholarship trust fund. When conditions in RCW 28B.116.070 are
met, the higher education coordinating board shall deposit state
matching moneys from the trust fund into the foster care scholarship
endowment fund.
(3) No appropriation is required for expenditures from the trust
fund.
(4) During the 2011-2013 fiscal biennium, the legislature may
transfer from the foster care endowed scholarship trust fund to the
state general fund such amounts as reflect the excess fund balance of
the account.
Sec. 930 RCW 28C.04.535 and 1995 1st sp.s. c 7 s 4 are each
amended to read as follows:
Except for the 2011-12 and 2012-13 school years, the Washington
award for vocational excellence shall be granted annually. The
workforce training and education coordinating board shall notify the
students receiving the award, their vocational instructors, local
chambers of commerce, the legislators of their respective districts,
and the governor, after final selections have been made. The workforce
training and education coordinating board, in conjunction with the
governor's office, shall prepare appropriate certificates to be
presented to the selected students. Awards shall be presented in
public ceremonies at times and places determined by the workforce
training and education coordinating board in cooperation with the
office of the governor.
Sec. 931 RCW 36.22.175 and 2008 c 328 s 6006 are each amended to
read as follows:
(1)(a) In addition to any other charge authorized by law, the
county auditor shall charge a surcharge of one dollar per instrument
for each document recorded. Revenue generated through this surcharge
shall be transmitted monthly to the state treasurer for deposit in the
local government archives account under RCW 40.14.024. These funds
shall be used solely for providing records scheduling, security
microfilm inspection and storage, archival preservation, cataloging,
and indexing for local government records and digital data and access
to those records and data through the regional branch archives of the
division of archives and records management.
(b) The division of archives and records management within the
office of the secretary of state shall provide records management
training for local governments and shall establish a competitive grant
program to solicit and prioritize project proposals from local
governments for potential funding to be paid for by funds from the
auditor surcharge and tax warrant surcharge revenues. Application for
specific projects may be made by local government agencies only. The
state archivist in consultation with the advisory committee established
under RCW 40.14.027 shall adopt rules governing project eligibility,
evaluation, awarding of grants, and other criteria including
requirements for records management training for grant recipients.
(2) The advisory committee established under RCW 40.14.027 shall
review grant proposals and establish a prioritized list of projects to
be considered for funding by January 1st of each even-numbered year,
beginning in 2002. The evaluation of proposals and development of the
prioritized list must be developed through open public meetings.
Funding for projects shall be granted according to the ranking of each
application on the prioritized list and projects will be funded only to
the extent that funds are available. A grant award may have an
effective date other than the date the project is placed on the
prioritized list.
(3)(a) In addition to any other surcharge authorized by law, the
county auditor shall charge a surcharge of one dollar per instrument
for every document recorded after January 1, 2002. Revenue generated
through this surcharge shall be transmitted to the state treasurer
monthly for deposit in the local government archives account under RCW
40.14.024 to be used exclusively for: (i) The construction and
improvement of a specialized regional facility located in eastern
Washington designed to serve the archives, records management, and
digital data management needs of local government; and (ii) payment of
the certificate of participation issued for the Washington state
heritage center to the extent there is an excess fund balance in the
account and fees generated under RCW 36.18.010 and 43.07.128 are
insufficient to meet debt service payments on the certificate of
participation.
(b) To the extent the facilities are used for the storage and
retrieval of state agency records and digital data, that portion of the
construction of such facilities used for state government records and
data shall be supported by other charges and fees paid by state
agencies and shall not be supported by the surcharge authorized in this
subsection, except that to the extent there is an excess fund balance
in the account and fees generated under RCW 36.18.010 and 43.07.128 are
insufficient to meet debt service payments for the Washington state
heritage center, the local government archives account under RCW
40.14.024 may be used for the Washington state heritage center.
(c) At such time that all debt service from construction of the
specialized regional archive facility located in eastern Washington has
been paid, fifty percent of the surcharge authorized by this subsection
shall be reverted to the centennial document preservation and
modernization account as prescribed in RCW 36.22.170 and fifty percent
of the surcharge authorized by this section shall be reverted to the
state treasurer for deposit in the ((archives and records management))
public records efficiency, preservation, and access account to serve
the archives, records management, and digital data management needs of
local government, except that the state treasurer shall not revert
funds to the centennial document preservation and modernization account
and to the ((archives and records management)) public records
efficiency, preservation, and access account if fees generated under
RCW 36.18.010 and 43.07.128 are insufficient to meet debt service
payments on the Washington state heritage center.
Sec. 932 RCW 40.14.025 and 2003 c 163 s 1 are each amended to
read as follows:
(1) The secretary of state and the director of financial management
shall jointly establish a procedure and formula for allocating the
costs of services provided by the division of archives and records
management to state agencies. The total amount allotted for services
to state agencies shall not exceed the appropriation to the archives
and records management account during any allotment period.
(2) There is created the ((archives and records management)) public
records efficiency, preservation, and access account in the state
treasury which shall consist of all fees and charges collected under
this section. The account shall be appropriated exclusively for the
payment of costs and expenses incurred in the operation of the division
of archives and records management as specified by law.
Sec. 933 RCW 40.14.027 and 2003 c 163 s 4 are each amended to
read as follows:
State agencies shall collect a surcharge of twenty dollars from the
judgment debtor upon the satisfaction of a warrant filed in superior
court for unpaid taxes or liabilities. The surcharge is imposed on the
judgment debtor in the form of a penalty in addition to the filing fee
provided in RCW 36.18.012(10). The surcharge revenue shall be
transmitted to the state treasurer for deposit in the ((archives and
records management)) public records efficiency, preservation, and
access account.
Surcharge revenue deposited in the local government archives
account under RCW 40.14.024 shall be expended by the secretary of state
exclusively for disaster recovery, essential records protection
services, and records management training for local government agencies
by the division of archives and records management. The secretary of
state shall, with local government representatives, establish a
committee to advise the state archivist on the local government
archives and records management program.
Sec. 934 RCW 41.06.022 and 2002 c 354 s 207 are each amended to
read as follows:
For purposes of this chapter, "manager" means any employee who:
(1) Formulates statewide policy or directs the work of an agency or
agency subdivision;
(2) Is responsible to administer one or more statewide policies or
programs of an agency or agency subdivision;
(3) Manages, administers, and controls a local branch office of an
agency or agency subdivision, including the physical, financial, or
personnel resources;
(4) Has substantial responsibility in personnel administration,
legislative relations, public information, or the preparation and
administration of budgets; or
(5) Functionally is above the first level of supervision and
exercises authority that is not merely routine or clerical in nature
and requires the consistent use of independent judgment.
No employee who is a member of the Washington management service
may be included in a collective bargaining unit established under RCW
41.80.001 and 41.80.010 through 41.80.130.
During the 2011-2013 fiscal biennium, except as required by a
collective bargaining agreement in place on the effective date of this
section, a manager whose position is eliminated as a result of the
management reductions included in the state agency appropriations in
this act and who is hired or transferred to a different position shall
be compensated at a level no higher than that which is commensurate
with the employee's new position.
During the 2011-2013 biennium, unless required by a collective
bargaining agreement in place on the effective date of this section, no
manager shall have the right of reversion to a classified position in
the event that the employee's position is eliminated as a result of the
management reductions included in the state agency appropriations in
this act unless the employee was employed in the classified position in
question, or a substantially equivalent classified position, within the
three year period prior to the effective date of this act.
Sec. 935 RCW 41.06.070 and 2010 c 271 s 801, 2010 c 2 s 2, and
2010 c 1 s 1 are each reenacted and amended to read as follows:
(1) The provisions of this chapter do not apply to:
(a) The members of the legislature or to any employee of, or
position in, the legislative branch of the state government including
members, officers, and employees of the legislative council, joint
legislative audit and review committee, statute law committee, and any
interim committee of the legislature;
(b) The justices of the supreme court, judges of the court of
appeals, judges of the superior courts or of the inferior courts, or to
any employee of, or position in the judicial branch of state
government;
(c) Officers, academic personnel, and employees of technical
colleges;
(d) The officers of the Washington state patrol;
(e) Elective officers of the state;
(f) The chief executive officer of each agency;
(g) In the departments of employment security and social and health
services, the director and the director's confidential secretary; in
all other departments, the executive head of which is an individual
appointed by the governor, the director, his or her confidential
secretary, and his or her statutory assistant directors;
(h) In the case of a multimember board, commission, or committee,
whether the members thereof are elected, appointed by the governor or
other authority, serve ex officio, or are otherwise chosen:
(i) All members of such boards, commissions, or committees;
(ii) If the members of the board, commission, or committee serve on
a part-time basis and there is a statutory executive officer: The
secretary of the board, commission, or committee; the chief executive
officer of the board, commission, or committee; and the confidential
secretary of the chief executive officer of the board, commission, or
committee;
(iii) If the members of the board, commission, or committee serve
on a full-time basis: The chief executive officer or administrative
officer as designated by the board, commission, or committee; and a
confidential secretary to the chair of the board, commission, or
committee;
(iv) If all members of the board, commission, or committee serve ex
officio: The chief executive officer; and the confidential secretary
of such chief executive officer;
(i) The confidential secretaries and administrative assistants in
the immediate offices of the elective officers of the state;
(j) Assistant attorneys general;
(k) Commissioned and enlisted personnel in the military service of
the state;
(l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel
resources board;
(m) The public printer or to any employees of or positions in the
state printing plant;
(n) Officers and employees of the Washington state fruit
commission;
(o) Officers and employees of the Washington apple commission;
(p) Officers and employees of the Washington state dairy products
commission;
(q) Officers and employees of the Washington tree fruit research
commission;
(r) Officers and employees of the Washington state beef commission;
(s) Officers and employees of the Washington grain commission;
(t) Officers and employees of any commission formed under chapter
15.66 RCW;
(u) Officers and employees of agricultural commissions formed under
chapter 15.65 RCW;
(v) Officers and employees of the nonprofit corporation formed
under chapter 67.40 RCW;
(w) Executive assistants for personnel administration and labor
relations in all state agencies employing such executive assistants
including but not limited to all departments, offices, commissions,
committees, boards, or other bodies subject to the provisions of this
chapter and this subsection shall prevail over any provision of law
inconsistent herewith unless specific exception is made in such law;
(x) In each agency with fifty or more employees: Deputy agency
heads, assistant directors or division directors, and not more than
three principal policy assistants who report directly to the agency
head or deputy agency heads;
(y) All employees of the marine employees' commission;
(z) Staff employed by the department of commerce to administer
energy policy functions;
(aa) The manager of the energy facility site evaluation council;
(bb) A maximum of ten staff employed by the department of commerce
to administer innovation and policy functions, including the three
principal policy assistants exempted under (x) of this subsection;
(cc) Staff employed by Washington State University to administer
energy education, applied research, and technology transfer programs
under RCW 43.21F.045 as provided in RCW 28B.30.900(5).
(2) The following classifications, positions, and employees of
institutions of higher education and related boards are hereby exempted
from coverage of this chapter:
(a) Members of the governing board of each institution of higher
education and related boards, all presidents, vice presidents, and
their confidential secretaries, administrative, and personal
assistants; deans, directors, and chairs; academic personnel; and
executive heads of major administrative or academic divisions employed
by institutions of higher education; principal assistants to executive
heads of major administrative or academic divisions; other managerial
or professional employees in an institution or related board having
substantial responsibility for directing or controlling program
operations and accountable for allocation of resources and program
results, or for the formulation of institutional policy, or for
carrying out personnel administration or labor relations functions,
legislative relations, public information, development, senior computer
systems and network programming, or internal audits and investigations;
and any employee of a community college district whose place of work is
one which is physically located outside the state of Washington and who
is employed pursuant to RCW 28B.50.092 and assigned to an educational
program operating outside of the state of Washington;
(b) The governing board of each institution, and related boards,
may also exempt from this chapter classifications involving research
activities, counseling of students, extension or continuing education
activities, graphic arts or publications activities requiring
prescribed academic preparation or special training as determined by
the board: PROVIDED, That no nonacademic employee engaged in office,
clerical, maintenance, or food and trade services may be exempted by
the board under this provision;
(c) Printing craft employees in the department of printing at the
University of Washington.
(3) In addition to the exemptions specifically provided by this
chapter, the director of personnel may provide for further exemptions
pursuant to the following procedures. The governor or other
appropriate elected official may submit requests for exemption to the
director of personnel stating the reasons for requesting such
exemptions. The director of personnel shall hold a public hearing,
after proper notice, on requests submitted pursuant to this subsection.
If the director determines that the position for which exemption is
requested is one involving substantial responsibility for the
formulation of basic agency or executive policy or one involving
directing and controlling program operations of an agency or a major
administrative division thereof, the director of personnel shall grant
the request and such determination shall be final as to any decision
made before July 1, 1993. The total number of additional exemptions
permitted under this subsection shall not exceed one percent of the
number of employees in the classified service not including employees
of institutions of higher education and related boards for those
agencies not directly under the authority of any elected public
official other than the governor, and shall not exceed a total of
twenty-five for all agencies under the authority of elected public
officials other than the governor.
The salary and fringe benefits of all positions presently or
hereafter exempted except for the chief executive officer of each
agency, full-time members of boards and commissions, administrative
assistants and confidential secretaries in the immediate office of an
elected state official, and the personnel listed in subsections (1)(j)
through (v) and (y) and (2) of this section, shall be determined by the
director of personnel. Changes to the classification plan affecting
exempt salaries must meet the same provisions for classified salary
increases resulting from adjustments to the classification plan as
outlined in RCW 41.06.152.
During the 2011-2013 fiscal biennium, except as required by a
collective bargaining agreement in place on the effective date of this
section, an employee whose position exempt under this chapter is
eliminated as a result of the management reductions included in the
state agency appropriations in and who is hired or transferred to a
different position exempt under the provisions of this chapter shall be
compensated at a level no higher than that which is commensurate with
the employee's new position.
From February 18, 2009, through June 30, 2011, a salary or wage
increase shall not be granted to any position exempt from
classification under this chapter, except that a salary or wage
increase may be granted to employees pursuant to collective bargaining
agreements negotiated under chapter 28B.52, 41.56, 47.64, or 41.76 RCW,
or negotiated by the nonprofit corporation formed under chapter 67.40
RCW, and except that increases may be granted for positions for which
the employer has demonstrated difficulty retaining qualified employees
if the following conditions are met:
(a) The salary increase can be paid within existing resources; and
(b) The salary increase will not adversely impact the provision of
client services.
Any agency granting a salary increase from February 15, 2010,
through June 30, 2011, to a position exempt from classification under
this chapter shall submit a report to the fiscal committees of the
legislature no later than July 31, 2011, detailing the positions for
which salary increases were granted, the size of the increases, and the
reasons for giving the increases.
Any person holding a classified position subject to the provisions
of this chapter shall, when and if such position is subsequently
exempted from the application of this chapter, be afforded the
following rights: If such person previously held permanent status in
another classified position, such person shall have a right of
reversion to the highest class of position previously held, or to a
position of similar nature and salary.
Any classified employee having civil service status in a classified
position who accepts an appointment in an exempt position shall have
the right of reversion to the highest class of position previously
held, or to a position of similar nature and salary, except that during
the 2011-2013 biennium, unless required by a collective bargaining
agreement in place on the effective date of this section, no employee
shall have the right of reversion to a classified position in the event
that the employee's position is eliminated as a result of the
management reductions included in the state agency appropriations in
this act unless the employee was employed in the classified position in
question, or a substantially equivalent classified position, within the
three year period prior to the effective date of this act.
A person occupying an exempt position who is terminated from the
position for gross misconduct or malfeasance does not have the right of
reversion to a classified position as provided for in this section.
From February 15, 2010, until June 30, 2011, no monetary
performance-based awards or incentives may be granted by the director
or employers to employees covered by rules adopted under this section.
This subsection does not prohibit the payment of awards provided for in
chapter 41.60 RCW.
Sec. 936 RCW 41.50.110 and 2009 c 564 s 924 are each amended to
read as follows:
(1) Except as provided by RCW 41.50.255 and subsection (6) of this
section, all expenses of the administration of the department, the
expenses of administration of the retirement systems, and the expenses
of the administration of the office of the state actuary created in
chapters 2.10, 2.12, 41.26, 41.32, 41.40, 41.34, 41.35, 41.37, 43.43,
and 44.44 RCW shall be paid from the department of retirement systems
expense fund.
(2) In order to reimburse the department of retirement systems
expense fund on an equitable basis the department shall ascertain and
report to each employer, as defined in RCW 41.26.030, 41.32.010,
41.35.010, 41.37.010, or 41.40.010, the sum necessary to defray its
proportional share of the entire expense of the administration of the
retirement system that the employer participates in during the ensuing
biennium or fiscal year whichever may be required. Such sum is to be
computed in an amount directly proportional to the estimated entire
expense of the administration as the ratio of monthly salaries of the
employer's members bears to the total salaries of all members in the
entire system. It shall then be the duty of all such employers to
include in their budgets or otherwise provide the amounts so required.
(3) The department shall compute and bill each employer, as defined
in RCW 41.26.030, 41.32.010, 41.35.010, 41.37.010, or 41.40.010, at the
end of each month for the amount due for that month to the department
of retirement systems expense fund and the same shall be paid as are
its other obligations. Such computation as to each employer shall be
made on a percentage rate of salary established by the department.
However, the department may at its discretion establish a system of
billing based upon calendar year quarters in which event the said
billing shall be at the end of each such quarter.
(4) The director may adjust the expense fund contribution rate for
each system at any time when necessary to reflect unanticipated costs
or savings in administering the department.
(5) An employer who fails to submit timely and accurate reports to
the department may be assessed an additional fee related to the
increased costs incurred by the department in processing the deficient
reports. Fees paid under this subsection shall be deposited in the
retirement system expense fund.
(a) Every six months the department shall determine the amount of
an employer's fee by reviewing the timeliness and accuracy of the
reports submitted by the employer in the preceding six months. If
those reports were not both timely and accurate the department may
prospectively assess an additional fee under this subsection.
(b) An additional fee assessed by the department under this
subsection shall not exceed fifty percent of the standard fee.
(c) The department shall adopt rules implementing this section.
(6) Expenses other than those under RCW 41.34.060(3) shall be paid
pursuant to subsection (1) of this section.
(7) During the ((2007-2009 and)) 2009-2011 and 2011-2013 fiscal
biennia, the legislature may transfer from the department of retirement
systems' expense fund to the state general fund such amounts as reflect
the excess fund balance of the fund.
Sec. 937 RCW 41.60.050 and 1991 sp.s. c 16 s 918 are each amended
to read as follows:
The legislature shall appropriate from the department of personnel
service fund for the payment of administrative costs of the
productivity board. However, during the ((1991-93)) 2011-2013 fiscal
biennium, the ((administrative costs)) operations of the productivity
board shall be ((appropriated from the savings recovery account))
suspended.
Sec. 938 RCW 41.80.010 and 2010 c 104 s 1 are each amended to
read as follows:
(1) For the purpose of negotiating collective bargaining agreements
under this chapter, the employer shall be represented by the governor
or governor's designee, except as provided for institutions of higher
education in subsection (4) of this section.
(2)(a) If an exclusive bargaining representative represents more
than one bargaining unit, the exclusive bargaining representative shall
negotiate with each employer representative as designated in subsection
(1) of this section one master collective bargaining agreement on
behalf of all the employees in bargaining units that the exclusive
bargaining representative represents. For those exclusive bargaining
representatives who represent fewer than a total of five hundred
employees each, negotiation shall be by a coalition of all those
exclusive bargaining representatives. The coalition shall bargain for
a master collective bargaining agreement covering all of the employees
represented by the coalition. The governor's designee and the
exclusive bargaining representative or representatives are authorized
to enter into supplemental bargaining of agency-specific issues for
inclusion in or as an addendum to the master collective bargaining
agreement, subject to the parties' agreement regarding the issues and
procedures for supplemental bargaining. This section does not prohibit
cooperation and coordination of bargaining between two or more
exclusive bargaining representatives.
(b) This subsection (2) does not apply to exclusive bargaining
representatives who represent employees of institutions of higher
education, except when the institution of higher education has elected
to exercise its option under subsection (4) of this section to have its
negotiations conducted by the governor or governor's designee under the
procedures provided for general government agencies in subsections (1)
through (3) of this section.
(c) If five hundred or more employees of an independent state
elected official listed in RCW 43.01.010 are organized in a bargaining
unit or bargaining units under RCW 41.80.070, the official shall be
consulted by the governor or the governor's designee before any
agreement is reached under (a) of this subsection concerning
supplemental bargaining of agency specific issues affecting the
employees in such bargaining unit.
(3) The governor shall submit a request for funds necessary to
implement the compensation and fringe benefit provisions in the master
collective bargaining agreement or for legislation necessary to
implement the agreement. Requests for funds necessary to implement the
provisions of bargaining agreements shall not be submitted to the
legislature by the governor unless such requests:
(a) Have been submitted to the director of the office of financial
management by October 1 prior to the legislative session at which the
requests are to be considered; and
(b) Have been certified by the director of the office of financial
management as being feasible financially for the state.
The legislature shall approve or reject the submission of the
request for funds as a whole. The legislature shall not consider a
request for funds to implement a collective bargaining agreement unless
the request is transmitted to the legislature as part of the governor's
budget document submitted under RCW 43.88.030 and 43.88.060. If the
legislature rejects or fails to act on the submission, either party may
reopen all or part of the agreement or the exclusive bargaining
representative may seek to implement the procedures provided for in RCW
41.80.090.
(4)(a)(i) For the purpose of negotiating agreements for
institutions of higher education, the employer shall be the respective
governing board of each of the universities, colleges, or community
colleges or a designee chosen by the board to negotiate on its behalf.
(ii) A governing board of a university or college may elect to have
its negotiations conducted by the governor or governor's designee under
the procedures provided for general government agencies in subsections
(1) through (3) of this section, except that:
(A) The governor or the governor's designee and an exclusive
bargaining representative shall negotiate one master collective
bargaining agreement for all of the bargaining units of employees of a
university or college that the representative represents; or
(B) If the parties mutually agree, the governor or the governor's
designee and an exclusive bargaining representative shall negotiate one
master collective bargaining agreement for all of the bargaining units
of employees of more than one university or college that the
representative represents.
(iii) A governing board of a community college may elect to have
its negotiations conducted by the governor or governor's designee under
the procedures provided for general government agencies in subsections
(1) through (3) of this section.
(b) Prior to entering into negotiations under this chapter, the
institutions of higher education or their designees shall consult with
the director of the office of financial management regarding financial
and budgetary issues that are likely to arise in the impending
negotiations.
(c)(i) If appropriations are necessary to implement the
compensation and fringe benefit provisions of the bargaining agreements
reached between institutions of higher education and exclusive
bargaining representatives agreed to under the provisions of this
chapter, the governor shall submit a request for such funds to the
legislature according to the provisions of subsection (3) of this
section, except as provided in (c)(ii) of this subsection.
(ii) In the case of a bargaining unit of employees of institutions
of higher education in which the exclusive bargaining representative is
certified during or after the conclusion of a legislative session, the
legislature may act upon the compensation and fringe benefit provisions
of the unit's initial collective bargaining agreement if those
provisions are agreed upon and submitted to the office of financial
management and legislative budget committees before final legislative
action on the biennial or supplemental operating budget by the sitting
legislature.
(5) There is hereby created a joint committee on employment
relations, which consists of two members with leadership positions in
the house of representatives, representing each of the two largest
caucuses; the chair and ranking minority member of the house
appropriations committee, or its successor, representing each of the
two largest caucuses; two members with leadership positions in the
senate, representing each of the two largest caucuses; and the chair
and ranking minority member of the senate ways and means committee, or
its successor, representing each of the two largest caucuses. The
governor shall periodically consult with the committee regarding
appropriations necessary to implement the compensation and fringe
benefit provisions in the master collective bargaining agreements, and
upon completion of negotiations, advise the committee on the elements
of the agreements and on any legislation necessary to implement the
agreements.
(6) If, after the compensation and fringe benefit provisions of an
agreement are approved by the legislature, a significant revenue
shortfall occurs resulting in reduced appropriations, as declared by
proclamation of the governor or by resolution of the legislature, both
parties shall immediately enter into collective bargaining for a
mutually agreed upon modification of the agreement.
(7) After the expiration date of a collective bargaining agreement
negotiated under this chapter, all of the terms and conditions
specified in the collective bargaining agreement remain in effect until
the effective date of a subsequently negotiated agreement, not to
exceed one year from the expiration date stated in the agreement.
Thereafter, the employer may unilaterally implement according to law.
(8) For the 2011-2013 fiscal biennium, a collective bargaining
agreement related to employee health care benefits negotiated between
the employer and coalition pursuant to RCW 41.80.020(3) regarding the
dollar amount expended on behalf of each employee shall be a separate
agreement for which the governor may request funds necessary to
implement the agreement. If such an agreement is negotiated and funded
by the legislature, this agreement will supersede any terms and
conditions of an expired 2009-2011 biennial master collective
bargaining agreement under this chapter regarding health care benefits.
Sec. 939 RCW 41.80.020 and 2010 c 283 s 16 are each amended to
read as follows:
(1) Except as otherwise provided in this chapter, the matters
subject to bargaining include wages, hours, and other terms and
conditions of employment, and the negotiation of any question arising
under a collective bargaining agreement.
(2) The employer is not required to bargain over matters pertaining
to:
(a) Health care benefits or other employee insurance benefits,
except as required in subsection (3) of this section;
(b) Any retirement system or retirement benefit; or
(c) Rules of the director of personnel or the Washington personnel
resources board adopted under section 203, chapter 354, Laws of 2002.
(3) Matters subject to bargaining include the number of names to be
certified for vacancies, promotional preferences, and the dollar amount
expended on behalf of each employee for health care benefits. However,
except as provided otherwise in this subsection for institutions of
higher education, negotiations regarding the number of names to be
certified for vacancies, promotional preferences, and the dollar amount
expended on behalf of each employee for health care benefits shall be
conducted between the employer and one coalition of all the exclusive
bargaining representatives subject to this chapter. The exclusive
bargaining representatives for employees that are subject to chapter
47.64 RCW shall bargain the dollar amount expended on behalf of each
employee for health care benefits with the employer as part of the
coalition under this subsection. Any such provision agreed to by the
employer and the coalition shall be included in all master collective
bargaining agreements negotiated by the parties. For institutions of
higher education, promotional preferences and the number of names to be
certified for vacancies shall be bargained under the provisions of RCW
41.80.010(4). For agreements covering the 2011-2013 fiscal biennium,
any agreement between the employer and the coalition regarding the
dollar amount expended on behalf of each employee for health care
benefits is a separate agreement and shall not be included in the
master collective bargaining agreements negotiated by the parties.
(4) The employer and the exclusive bargaining representative shall
not agree to any proposal that would prevent the implementation of
approved affirmative action plans or that would be inconsistent with
the comparable worth agreement that provided the basis for the salary
changes implemented beginning with the 1983-1985 biennium to achieve
comparable worth.
(5) The employer and the exclusive bargaining representative shall
not bargain over matters pertaining to management rights established in
RCW 41.80.040.
(6) Except as otherwise provided in this chapter, if a conflict
exists between an executive order, administrative rule, or agency
policy relating to wages, hours, and terms and conditions of employment
and a collective bargaining agreement negotiated under this chapter,
the collective bargaining agreement shall prevail. A provision of a
collective bargaining agreement that conflicts with the terms of a
statute is invalid and unenforceable.
(7) This section does not prohibit bargaining that affects
contracts authorized by RCW 41.06.142.
Sec. 940 RCW 43.07.129 and 2007 c 523 s 4 are each amended to
read as follows:
The Washington state heritage center account is created in the
custody of the state treasurer. All moneys received under RCW
36.18.010(11) and 43.07.128 must be deposited in the account.
Expenditures from the account may be made only for the following
purposes:
(1) Payment of the certificate of participation issued for the
Washington state heritage center;
(2) Capital maintenance of the Washington state heritage center;
and
(3) Program operations that serve the public, relate to the
collections and exhibits housed in the Washington state heritage
center, or fulfill the missions of the state archives, state library,
and capital museum.
Only the secretary of state or the secretary of state's designee
may authorize expenditures from the account. An appropriation is not
required for expenditures, but the account is subject to allotment
procedures under chapter 43.88 RCW. During the 2011-2013 fiscal
biennium, the legislature may appropriate from the Washington state
heritage center account for the purposes of state arts, historical, and
library programs.
Sec. 941 RCW 43.08.190 and 2010 c 222 s 3 are each amended to
read as follows:
There is hereby created a fund within the state treasury to be
known as the "state treasurer's service fund." Such fund shall be used
solely for the payment of costs and expenses incurred in the operation
and administration of the state treasurer's office.
Moneys shall be allocated monthly and placed in the state
treasurer's service fund equivalent to a maximum of one percent of the
trust and treasury average daily cash balances from the earnings
generated under the authority of RCW 43.79A.040 and 43.84.080 other
than earnings generated from investment of balances in funds and
accounts specified in RCW 43.79A.040(4)(c). The allocation shall
precede the distribution of the remaining earnings as prescribed under
RCW 43.79A.040 and 43.84.092. The state treasurer shall establish a
uniform allocation rate for all funds and accounts; except that the
state treasurer may negotiate a different allocation rate with any
state agency that has independent authority over funds not statutorily
required to be held in the state treasury or in the custody of the
state treasurer. In no event shall the rate be less than the actual
costs incurred by the state treasurer's office. If no rate is
separately negotiated, the default rate for any funds held shall be the
rate set for funds held pursuant to statute.
During the 2009-2011 fiscal biennium and the 2011-2013 fiscal
biennium, the legislature may transfer from the state treasurer's
service fund to the state general fund such amounts as reflect the
excess fund balance of the fund.
Sec. 942 RCW 43.09.475 and 2009 c 564 s 929 are each amended to
read as follows:
The performance audits of government account is hereby created in
the custody of the state treasurer. Revenue identified in RCW
82.08.020(5) and 82.12.0201 shall be deposited in the account. Money
in the account shall be used to fund the performance audits and follow-up performance audits under RCW 43.09.470 and shall be expended by the
state auditor in accordance with chapter 1, Laws of 2006. Only the
state auditor or the state auditor'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 performance audits of government
account to the state general fund such amounts as deemed to be
appropriate or necessary. During 2011-2013 fiscal biennium, the
performance audits of government account may be appropriated for fraud
investigations in the state auditor's office and the department of
social and health services, audit and collection functions in the
department of revenue, and audits of school districts. In addition,
during the 2011-2013 fiscal biennium the account may be used to fund
the office of financial management's contract for the compliance audit
of the state auditor.
Sec. 943 RCW 43.19.501 and 2009 c 564 s 932 are each amended to
read as follows:
The Thurston county capital facilities account is created in the
state treasury. The account is subject to the appropriation and
allotment procedures under chapter 43.88 RCW. Moneys in the account
may be expended for capital projects in facilities owned and managed by
the department of general administration in Thurston county. For the
2007-2009 biennium, moneys in the account may be used for predesign
identified in section 1037, chapter 328, Laws of 2008.
During the 2009-2011 and 2011-2013 fiscal ((biennium)) biennia, the
legislature may transfer from the Thurston county capital facilities
account to the state general fund such amounts as reflect the excess
fund balance of the account.
Sec. 944 RCW 43.20A.725 and 2010 1st sp.s. c 37 s 921 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 and 2011-2013 fiscal ((biennium))
biennia, 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. 945 RCW 43.79.201 and 2009 c 564 s 935 are each amended to
read as follows:
(1) The charitable, educational, penal and reformatory institutions
account is hereby created, in the state treasury, into which account
there shall be deposited all moneys arising from the sale, lease or
transfer of the land granted by the United States government to the
state for charitable, educational, penal and reformatory institutions
by section 17 of the enabling act, or otherwise set apart for such
institutions, except all moneys arising from the sale, lease, or
transfer of that certain one hundred thousand acres of such land
assigned for the support of the University of Washington by chapter 91,
Laws of 1903 and section 9, chapter 122, Laws of 1893.
(2) If feasible, not less than one-half of all income to the
charitable, educational, penal, and reformatory institutions account
shall be appropriated for the purpose of providing housing, including
repair and renovation of state institutions, for persons with mental
illness or developmental disabilities, or youth who are blind, deaf, or
otherwise disabled. If moneys are appropriated for community-based
housing, the moneys shall be appropriated to the department of
((community, trade, and economic development)) commerce for the housing
assistance program under chapter 43.185 RCW. During the 2009-2011 and
2011-2013 fiscal ((biennium)) biennia, the legislature may transfer
from the charitable, educational, penal and reformatory institutions
account to the state general fund such amounts as reflect excess fund
balance of the ((fund [account])) account.
Sec. 946 RCW 43.79.465 and 2010 1st sp.s. c 37 s 929 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, (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; and (f) for
fiscal years 2012 and 2013, 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 years 2011 and 2012.
Sec. 947 RCW 43.79.480 and 2009 c 564 s 937 and 2009 c 479 s 30
are each reenacted and amended to read as follows:
(1) Moneys received by the state of Washington in accordance with
the settlement of the state's legal action against tobacco product
manufacturers, exclusive of costs and attorneys' fees, shall be
deposited in the tobacco settlement account created in this section
except as these moneys are sold or assigned under chapter 43.340 RCW.
(2) The tobacco settlement account is created in the state
treasury. Moneys in the tobacco settlement account may only be
transferred to the state general fund, and to the tobacco prevention
and control account for purposes set forth in this section. The
legislature shall transfer amounts received as strategic contribution
payments as defined in RCW 43.350.010 to the life sciences discovery
fund created in RCW 43.350.070. During the 2009-2011 and 2011-2013
fiscal ((biennium)) biennia, the legislature may transfer less than the
entire strategic contribution payments, and may transfer amounts
attributable to strategic contribution payments into the basic health
plan stabilization account.
(3) The tobacco prevention and control account is created in the
state treasury. The source of revenue for this account is moneys
transferred to the account from the tobacco settlement account,
investment earnings, donations to the account, and other revenues as
directed by law. Expenditures from the account are subject to
appropriation. During the 2009-2011 fiscal biennium, the legislature
may transfer from the tobacco prevention and control account to the
state general fund such amounts as represent the excess fund balance of
the account.
Sec. 948 RCW 43.88.150 and 1995 c 6 s 1 are each amended to read
as follows:
(1) For those agencies that make expenditures from both
appropriated and nonappropriated funds for the same purpose, the
governor shall direct such agencies to charge their expenditures in
such ratio, as between appropriated and nonappropriated funds, as will
conserve appropriated funds. This subsection does not apply to
institutions of higher education, as defined in RCW 28B.10.016, except
during the 2011-2013 fiscal biennium.
(2) Unless otherwise provided by law, if state moneys are
appropriated for a capital project and matching funds or other
contributions are required as a condition of the receipt of the state
moneys, the state moneys shall be disbursed in proportion to and only
to the extent that the matching funds or other contributions have been
received and are available for expenditure.
(3) The office of financial management shall adopt guidelines for
the implementation of this section. The guidelines may account for
federal matching requirements or other requirements to spend other
moneys in a particular manner.
Sec. 949 RCW 43.101.200 and 1997 c 351 s 13 are each amended to
read as follows:
(1) All law enforcement personnel, except volunteers, and reserve
officers whether paid or unpaid, initially employed on or after January
1, 1978, shall engage in basic law enforcement training which complies
with standards adopted by the commission pursuant to RCW 43.101.080.
For personnel initially employed before January 1, 1990, such training
shall be successfully completed during the first fifteen months of
employment of such personnel unless otherwise extended or waived by the
commission and shall be requisite to the continuation of such
employment. Personnel initially employed on or after January 1, 1990,
shall commence basic training during the first six months of employment
unless the basic training requirement is otherwise waived or extended
by the commission. Successful completion of basic training is
requisite to the continuation of employment of such personnel initially
employed on or after January 1, 1990.
(2) Except as otherwise provided in this chapter, the commission
shall provide the aforementioned training together with necessary
facilities, supplies, materials, and the board and room of noncommuting
attendees for seven days per week, except during the 2011-2013 fiscal
biennium when the employing, county, city or state law enforcement
agency shall reimburse the commission for twenty-five percent of the
cost of training its personnel. Additionally, to the extent funds are
provided for this purpose, the commission shall reimburse to
participating law enforcement agencies with ten or less full-time
commissioned patrol officers the cost of temporary replacement of each
officer who is enrolled in basic law enforcement training: PROVIDED,
That such reimbursement shall include only the actual cost of temporary
replacement not to exceed the total amount of salary and benefits
received by the replaced officer during his or her training period.
Sec. 950 RCW 43.135.045 and 2010 1st sp.s. c 27 s 5 are each
amended to read as follows:
The education construction fund is hereby created in the state
treasury.
(1) Funds may be appropriated from the education construction fund
exclusively for common school construction or higher education
construction. During the 2007-2009 fiscal biennium, funds may also be
used for higher education facilities preservation and maintenance.
During the 2009-2011 ((fiscal biennium)) and 2011-2013 fiscal biennia,
the legislature may transfer from the education construction fund to
the state general fund such amounts as reflect the excess fund balance
of the fund.
(2) Funds may be appropriated for any other purpose only if
approved by a two-thirds vote of each house of the legislature and if
approved by a vote of the people at the next general election. An
appropriation approved by the people under this subsection shall result
in an adjustment to the state expenditure limit only for the fiscal
period for which the appropriation is made and shall not affect any
subsequent fiscal period.
(3) Funds for the student achievement program in RCW 28A.505.210
and 28A.505.220 shall be appropriated to the superintendent of public
instruction strictly for distribution to school districts to meet the
provisions set out in the student achievement act. Allocations shall
be made on an equal per full-time equivalent student basis to each
school district.
(4) After July 1, 2010, the state treasurer shall transfer one
hundred two million dollars from the general fund to the education
construction fund by June 30th of each year.
Sec. 951 RCW 43.155.050 and 2010 1st sp.s. c 37 s 932 and 2010
1st sp.s. c 36 s 6007 are each reenacted and amended to read as
follows:
The public works assistance account is hereby established in the
state treasury. Money may be placed in the public works assistance
account from the proceeds of bonds when authorized by the legislature
or from any other lawful source. Money in the public works assistance
account shall be used to make loans and to give financial guarantees to
local governments for public works projects. 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. For the 2007-2009 biennium, moneys in the account may be used
for grants for projects identified in section 138, chapter 488, Laws of
2005 and section 1033, chapter 520, Laws of 2007. During the 2009-2011
fiscal biennium, sums in the public works assistance account may be
used for the water pollution control revolving fund program match in
section 3013, chapter 36, Laws of 2010 1st sp. sess. 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. During the 2011-2013 fiscal biennium, the
legislature may transfer from the public works assistance account to
the general fund, the water pollution control revolving account, and
the drinking water assistance account such amounts as reflect the
excess fund balance of the account.
NEW SECTION. Sec. 952 Section 951 (RCW 43.155.050) of this act
takes effect June 30, 2011.
Sec. 953 RCW 43.185.050 and 2006 c 371 s 236 are each amended to
read as follows:
(1) The department shall use moneys from the housing trust fund and
other legislative appropriations to finance in whole or in part any
loans or grant projects that will provide housing for persons and
families with special housing needs and with incomes at or below fifty
percent of the median family income for the county or standard
metropolitan statistical area where the project is located. At least
thirty percent of these moneys used in any given funding cycle shall be
for the benefit of projects located in rural areas of the state as
defined by the department. If the department determines that it has
not received an adequate number of suitable applications for rural
projects during any given funding cycle, the department may allocate
unused moneys for projects in nonrural areas of the state.
(2) Activities eligible for assistance from the housing trust fund
and other legislative appropriations include, but are not limited to:
(a) New construction, rehabilitation, or acquisition of low and
very low-income housing units;
(b) Rent subsidies;
(c) Matching funds for social services directly related to
providing housing for special-need tenants in assisted projects;
(d) Technical assistance, design and finance services and
consultation, and administrative costs for eligible nonprofit community
or neighborhood-based organizations;
(e) Administrative costs for housing assistance groups or
organizations when such grant or loan will substantially increase the
recipient's access to housing funds other than those available under
this chapter;
(f) Shelters and related services for the homeless, including
emergency shelters and overnight youth shelters;
(g) Mortgage subsidies, including temporary rental and mortgage
payment subsidies to prevent homelessness;
(h) Mortgage insurance guarantee or payments for eligible projects;
(i) Down payment or closing cost assistance for eligible first-time
home buyers;
(j) Acquisition of housing units for the purpose of preservation as
low-income or very low-income housing;
(k) Projects making housing more accessible to families with
members who have disabilities; and
(l) During the 2005-2007 fiscal biennium, a manufactured/mobile
home landlord-tenant ombudsman conflict resolution and park
registration program.
(3) During the 2005-2007 fiscal biennium, revenues generated under
RCW 36.22.178 may be used for the development of affordable housing
projects and other activities funded in section 108, chapter 371, Laws
of 2006.
(4) Legislative appropriations from capital bond proceeds may be
used only for the costs of projects authorized under subsection (2)(a),
(i), and (j) of this section, and not for the administrative costs of
the department.
(5) Moneys from repayment of loans from appropriations from capital
bond proceeds may be used for all activities necessary for the proper
functioning of the housing assistance program except for activities
authorized under subsection (2)(b) and (c) of this section.
(6) Administrative costs of the department shall not exceed five
percent of the annual funds available for the housing assistance
program, except during the 2011-2013 fiscal biennium when
administrative costs associated with housing trust fund application,
distribution, and project development activities may not exceed three
percent of the annual funds available for the housing assistance
program; administrative costs associated with compliance and monitoring
activities of the department may not exceed one quarter of one percent
annually of the contracted amount of state investment in the housing
assistance program; and reappropriations may not be included in the
calculation of the annual funds available for determining the
administrative costs.
Sec. 954 RCW 43.185A.030 and 2005 c 518 s 1803 and 2005 c 219 s
3 are each reenacted and amended to read as follows:
(1) Using moneys specifically appropriated for such purpose, the
department shall finance in whole or in part projects that will provide
housing for low-income households.
(2) Activities eligible for assistance include, but are not limited
to:
(a) New construction, rehabilitation, or acquisition of housing for
low-income households;
(b) Rent subsidies in new construction or rehabilitated multifamily
units;
(c) Down payment or closing costs assistance for first-time home
buyers;
(d) Mortgage subsidies for new construction or rehabilitation of
eligible multifamily units; and
(e) Mortgage insurance guarantee or payments for eligible projects.
(3) Legislative appropriations from capital bond proceeds may be
used only for the costs of projects authorized under subsection (2)
(a), (c), (d), and (e) of this section, and not for the administrative
costs of the department.
(4) Moneys from repayment of loans from appropriations from capital
bond proceeds may be used for all activities necessary for the proper
functioning of the affordable housing program except for activities
authorized under subsection (2)(b) of this section.
(5) Administrative costs of the department shall not exceed four
percent of the annual funds available for the affordable housing
program, except during the 2011-2013 fiscal biennium when
administrative costs associated with housing trust fund application,
distribution, and project development activities may not exceed three
percent of the annual funds available for the housing assistance
program; administrative costs associated with compliance and monitoring
activities of the department may not exceed one quarter of one percent
annually of the contracted amount of state investment in the housing
assistance program; and reappropriations may not be included in the
calculation of the annual funds available for determining the
administrative costs.
Sec. 955 RCW 43.185C.190 and 2007 c 427 s 2 are each amended to
read as follows:
The affordable housing for all account is created in the state
treasury, subject to appropriation. The state's portion of the
surcharges established in RCW 36.22.178 shall be deposited in the
account. Expenditures from the account may only be used for affordable
housing programs. During the 2011-2013 fiscal biennium, moneys in the
account may be transferred to the home security fund.
Sec. 956 RCW 43.330.250 and 2009 c 565 s 13 and 2009 c 564 s 943
are each reenacted and amended to read as follows:
(1) The economic development strategic reserve account is created
in the state treasury to be used only for the purposes of this section.
(2) Only the governor, with the recommendation of the director of
the department of commerce and the economic development commission, may
authorize expenditures from the account.
(3) Expenditures from the account shall be made in an amount
sufficient to fund a minimum of one staff position for the economic
development commission and to cover any other operational costs of the
commission.
(4) During the 2009-2011 ((fiscal biennium)) and 2011-2013 fiscal
biennia, moneys in the account may also be transferred into the state
general fund.
(5) Expenditures from the account may be made to prevent closure of
a business or facility, to prevent relocation of a business or facility
in the state to a location outside the state, or to recruit a business
or facility to the state. Expenditures may be authorized for:
(a) Workforce development;
(b) Public infrastructure needed to support or sustain the
operations of the business or facility; and
(c) Other lawfully provided assistance, including, but not limited
to, technical assistance, environmental analysis, relocation
assistance, and planning assistance. Funding may be provided for such
assistance only when it is in the public interest and may only be
provided under a contractual arrangement ensuring that the state will
receive appropriate consideration, such as an assurance of job creation
or retention.
(6) The funds shall not be expended from the account unless:
(a) The circumstances are such that time does not permit the
director of the department of commerce or the business or facility to
secure funding from other state sources;
(b) The business or facility produces or will produce significant
long-term economic benefits to the state, a region of the state, or a
particular community in the state;
(c) The business or facility does not require continuing state
support;
(d) The expenditure will result in new jobs, job retention, or
higher incomes for citizens of the state;
(e) The expenditure will not supplant private investment; and
(f) The expenditure is accompanied by private investment.
(7) No more than three million dollars per year may be expended
from the account for the purpose of assisting an individual business or
facility pursuant to the authority specified in this section.
(8) If the account balance in the strategic reserve account exceeds
fifteen million dollars at any time, the amount in excess of fifteen
million dollars shall be transferred to the education construction
account.
Sec. 957 RCW 43.336.020 and 2009 c 549 s 5178 are each amended to
read as follows:
(1) The Washington tourism commission is created.
(2) The commission shall be cochaired by the director of the
department or the director's designee, and by an industry-member
representative who is elected by the commission members.
(3) The commission shall have nineteen members. In appointing
members, the governor shall endeavor to balance the geographic and
demographic composition of the commission to include members with
special expertise from tourism organizations, local jurisdictions, and
small businesses directly engaged in tourism-related activities.
Before making appointments to the Washington tourism commission, the
governor shall consider nominations from recognized organizations that
represent the entities or interests identified in this section.
Commission members shall be appointed by the governor as follows:
(a) Three members to represent the lodging industry, at least two
of which shall be chosen from a list of three nominees per position
submitted by the state's largest lodging industry trade association.
Members should represent all property categories and different regions
of the state;
(b) Three representatives from nonprofit destination marketing
organizations or visitor and convention bureaus;
(c) Three industry representatives from the arts, entertainment,
attractions, or recreation industry;
(d) Four private industry representatives, two from each of the
business categories in this subsection:
(i) The food, beverage, and wine industries; and
(ii) The travel and transportation industries;
(e) Four legislative members, one from each major caucus of the
senate, designated by the president of the senate, and one from each
major caucus of the house of representatives, designated by the speaker
of the house of representatives;
(f) The chair of the Washington convention and trade center; and
(g) The director or the director's designee.
(4)(a) Terms of nonlegislative members shall be three years, except
that initial terms shall be staggered such that terms of one-third of
the initial members shall expire each year.
(b) Terms of legislative members shall be two years.
(c) Vacancies shall be appointed in the same manner as the original
appointment.
(d) A member appointed by the governor may not be absent from more
than fifty percent of the regularly scheduled meetings in any one
calendar year. Any member who exceeds this absence limitation is
deemed to have withdrawn from the office and may be replaced by the
governor.
(5) Members shall be reimbursed for travel expenses as provided in
RCW 43.03.050 and 43.03.060.
(6) The commission shall meet at least four times per year, but may
meet more frequently as necessary.
(7) A majority of members currently appointed constitutes a quorum.
(8) Staff support shall be provided by the department, and staff
shall report to the executive director.
(9) The director, in consultation with the commission, shall
appoint an executive director.
(10) The commission may adopt rules under chapter 34.05 RCW as
necessary to carry out the purposes of this chapter.
(11) During the 2011-2013 fiscal biennium, the commission and its
activities and responsibilities are suspended.
Sec. 958 RCW 46.66.080 and 2011 c 5 s 915 are each amended to
read as follows:
(1) The Washington auto theft prevention authority account is
created in the state treasury, subject to appropriation. All revenues
from the traffic infraction surcharge in RCW 46.63.110(7)(b) and all
receipts from gifts, grants, bequests, devises, or other funds from
public and private sources to support the activities of the auto theft
prevention authority must be deposited into the account. Expenditures
from the account may be used only for activities relating to motor
vehicle theft, including education, prevention, law enforcement,
investigation, prosecution, and confinement. During the 2009-2011 and
2011-2013 fiscal ((biennium)) biennia, the legislature may appropriate
moneys from the Washington auto theft prevention authority account for
criminal justice purposes and community building and may transfer funds
to the state general fund such amounts as reflect the excess fund
balance of the account.
(2) The authority shall allocate moneys appropriated from the
account to public agencies for the purpose of establishing,
maintaining, and supporting programs that are designed to prevent motor
vehicle theft, including:
(a) Financial support to prosecution agencies to increase the
effectiveness of motor vehicle theft prosecution;
(b) Financial support to a unit of local government or a team
consisting of units of local governments to increase the effectiveness
of motor vehicle theft enforcement;
(c) Financial support for the procurement of equipment and
technologies for use by law enforcement agencies for the purpose of
enforcing motor vehicle theft laws; and
(d) Financial support for programs that are designed to educate and
assist the public in the prevention of motor vehicle theft.
(3) The costs of administration shall not exceed ten percent of the
moneys in the account in any one year so that the greatest possible
portion of the moneys available to the authority is expended on
combating motor vehicle theft.
(4) Prior to awarding any moneys from the Washington auto theft
prevention authority account for motor vehicle theft enforcement, the
auto theft prevention authority must verify that the financial award
includes sufficient funding to cover proposed activities, which
include, but are not limited to: (a) State, municipal, and county
offender and juvenile confinement costs; (b) administration costs; (c)
law enforcement costs; (d) prosecutor costs; and (e) court costs, with
a priority being given to ensuring that sufficient funding is available
to cover state, municipal, and county offender and juvenile confinement
costs.
(5) Moneys expended from the Washington auto theft prevention
authority account under subsection (2) of this section shall be used to
supplement, not supplant, other moneys that are available for motor
vehicle theft prevention.
(6) Grants provided under subsection (2) of this section constitute
reimbursement for purposes of RCW 43.135.060(1).
Sec. 959 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]
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.
During the 2011-2013 fiscal biennium, the state treasurer shall
transfer from the liquor revolving fund to the state general fund
forty-two million five hundred thousand dollars for fiscal year 2012
and forty-two million five hundred thousand dollars for fiscal year
2013. The transfer during the 2011-2013 fiscal biennium may not reduce
the excess fund distributions that otherwise would occur under RCW
66.08.190. Sales to licensees are exempt from any liquor price
increases that may result from the transfer of funds from the liquor
revolving fund to the state general fund during the 2011-2013 fiscal
biennium. 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. 960 RCW 66.08.190 and 2003 1st sp.s. c 25 s 927 are each
amended to read as follows:
(1) Except for revenues generated by the 2003 surcharge of
$0.42/liter on retail sales of spirits that ((shall)) must be
distributed to the state general fund during the 2003-2005 biennium,
when excess funds are distributed, all moneys subject to distribution
((shall)) must be disbursed as follows:
(a) Three-tenths of one percent to border areas under RCW
66.08.195; and
(b) Except as provided in subsection (4) of this section, from the
amount remaining after distribution under (a) of this subsection, (i)
fifty percent to the general fund of the state, (ii) ten percent to the
counties of the state, and (iii) forty percent to the incorporated
cities and towns of the state.
(2) During the months of June, September, December, and March of
each year, prior to disbursing the distribution to incorporated cities
and towns under subsection (1)(b) of this section, the treasurer
((shall)) must deduct from that distribution an amount that will fund
that quarter's allotments under RCW 43.88.110 from any legislative
appropriation from the city and town research services account. The
treasurer ((shall)) must deposit the amount deducted into the city and
town research services account.
(3) The governor may notify and direct the state treasurer to
withhold the revenues to which the counties and cities are entitled
under this section if the counties or cities are found to be in
noncompliance pursuant to RCW 36.70A.340.
(4) During the 2011-2013 fiscal biennium, from the amount remaining
after distribution under subsection (1)(a) of this section, (a) 51.7
percent to the general fund of the state, (b) 9.7 percent to the
counties of the state, and (c) 38.6 percent to the incorporated cities
and towns of the state.
Sec. 961 RCW 66.08.235 and 2005 c 151 s 4 are each amended to
read as follows:
The liquor control board construction and maintenance account is
created within the state treasury. The liquor control board shall
deposit into this account a portion of the board's markup, as
authorized by chapter 66.16 RCW, placed upon liquor as determined by
the board. Moneys in the account may be spent only after
appropriation. The liquor control board shall use deposits to this
account to fund construction and maintenance of a centralized
distribution center for liquor products intended for sale through the
board's liquor store and contract liquor store system. During the
((2001-2003)) 2011-2013 fiscal biennium, the legislature may transfer
from the liquor control board construction and maintenance account to
the state general fund such amounts as reflect the ((appropriations
reductions made by the 2002 supplemental appropriations act for
administrative efficiencies and savings)) excess fund balance of the
account.
Sec. 962 RCW 67.70.260 and 2002 c 371 s 919 are each amended to
read as follows:
There is hereby created the lottery administrative account in the
state treasury. The account shall be managed, controlled, and
maintained by the director. The legislature may appropriate from the
account for the payment of costs incurred in the operation and
administration of the lottery. During the 2001-2003 fiscal biennium,
the legislature may transfer from the lottery administrative account to
the state general fund such amounts as reflect the appropriations
reductions made by the 2002 supplemental appropriations act for
administrative efficiencies and savings. During the 2011-2013 fiscal
biennium, the lottery administrative account may also be used to fund
an independent forecast of the lottery revenues conducted by the
economic and revenue forecast council.
Sec. 963 RCW 70.93.180 and 2010 1st sp.s. c 37 s 945 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. Additionally, during the 2009-2011 fiscal
biennium, subsection (1)(a), (b), and (c) of this section is suspended.
(5) During the 2011-2013 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. Additionally, during the 2011-2013 fiscal
biennium, subsection (1)(a), (b), and (c) of this section is suspended.
Sec. 964 RCW 70.105D.070 and 2010 1st sp.s. c 37 s 942 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;
(xiii) During the 2009-2011 and 2011-2013 fiscal ((biennium))
biennia, shoreline update technical assistance; ((and))
(xiv) During the 2009-2011 fiscal biennium, multijurisdictional
permitting teams; and
(xv) During the 2011-2013 fiscal biennium, actions for reducing
public exposure to toxic air pollution.
(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.
(11) During the 2011-2013 fiscal biennium, the local toxics control
account may also be used for local government shoreline update grants
and actions for reducing public exposure to toxic air pollution.
Sec. 965 RCW 74.13.621 and 2009 c 564 s 954 are each amended to
read as follows:
(1) Within existing resources, the department shall establish an
oversight committee to monitor, guide, and report on kinship care
recommendations and implementation activities. The committee shall:
(a) Draft a kinship care definition that is restricted to persons
related by blood, marriage, or adoption, including marriages that have
been dissolved, or for a minor defined as an "Indian child" under the
federal Indian child welfare act (25 U.S.C. Sec. 1901 et seq.), the
definition of "extended family member" under the federal Indian child
welfare act, and a set of principles. If the committee concludes that
one or more programs or services would be more efficiently and
effectively delivered under a different definition of kin, it shall
state what definition is needed, and identify the program or service in
the report. It shall also provide evidence of how the program or
service will be more efficiently and effectively delivered under the
different definition. The department shall not adopt rules or policies
changing the definition of kin without authorizing legislation;
(b) Monitor and provide consultation on the implementation of
recommendations contained in the 2002 kinship care report, including
but not limited to the recommendations relating to legal and respite
care services and resources;
(c) Partner with nonprofit organizations and private sector
businesses to guide a public education awareness campaign; and
(d) Assist with developing future recommendations on kinship care
issues.
(2) The department shall consult with the oversight committee on
its efforts to better collaborate and coordinate services to benefit
kinship care families.
(3) The oversight committee must consist of a minimum of thirty
percent kinship caregivers, who shall represent a diversity of kinship
families. Statewide representation with geographic, ethnic, and gender
diversity is required. Other members shall include representatives of
the department, representatives of relevant state agencies,
representatives of the private nonprofit and business sectors, child
advocates, representatives of Washington state Indian tribes as defined
under the federal Indian welfare act (25 U.S.C. Sec. 1901 et seq.), and
representatives of the legal or judicial field. Birth parents, foster
parents, and others who have an interest in these issues may also be
included.
(4) To the extent funding is available, the department may
reimburse nondepartmental members of the oversight committee for costs
incurred in participating in the meetings of the oversight committee.
(5) The kinship care oversight committee shall update the
legislature and governor annually on committee activities, with the
first update due by January 1, 2006.
(6) This section expires June 30, ((2011)) 2013.
Sec. 966 RCW 79.64.040 and 2009 c 564 s 957 are each amended to
read as follows:
(1) The board shall determine the amount deemed necessary in order
to achieve the purposes of this chapter and shall provide by rule for
the deduction of this amount from the moneys received from all leases,
sales, contracts, licenses, permits, easements, and rights-of-way
issued by the department and affecting state lands and aquatic lands,
provided that no deduction shall be made from the proceeds from
agricultural college lands.
(2) Moneys received as deposits from successful bidders, advance
payments, and security under RCW 79.15.100, 79.15.080, and 79.11.150
prior to December 1, 1981, which have not been subjected to deduction
under this section are not subject to deduction under this section.
(3) Except as otherwise provided in subsection (5) of this section,
the deductions authorized under this section shall not exceed twenty-five percent of the moneys received by the department in connection
with any one transaction pertaining to state lands and aquatic lands
other than second-class tide and shore lands and the beds of navigable
waters, and fifty percent of the moneys received by the department
pertaining to second-class tide and shore lands and the beds of
navigable waters.
(4) In the event that the department sells logs using the contract
harvesting process described in RCW 79.15.500 through 79.15.530, the
moneys received subject to this section are the net proceeds from the
contract harvesting sale.
(5) During the 2009-2011 fiscal biennium and fiscal year 2012, the
twenty-five percent limitation on deductions set in subsection (3) of
this section may be increased up to thirty percent by the board.
Sec. 967 RCW 79.105.150 and 2010 1st sp.s. c 37 s 949 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 and
2011-2013 fiscal ((biennium)) biennia, the aquatic lands enhancement
account may also be used for scientific research as part of the
adaptive management process and for developing a planning report for
McNeil Island. During the 2009-2011 ((fiscal biennium)) and 2011-2013
fiscal biennia, 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. 968 RCW 80.36.430 and 2011 c 5 s 919 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 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)) and 2011-2013 biennia, the
department shall enter into an agreement with the WIN 211 organization
for operational support. During the 2011-2013 biennium, the department
shall provide five hundred thousand dollars per fiscal year for this
purpose.
(5) During the 2009-2011 biennium, the telephone assistance fund
shall also be used in support of the economic services administration
call centers and related operations.
Sec. 969 RCW 82.08.160 and 1982 1st ex.s. c 35 s 4 are each
amended to read as follows:
(1) On or before the twenty-fifth day of each month, all taxes
collected under RCW 82.08.150 during the preceding month ((shall)) must
be remitted to the state department of revenue, to be deposited with
the state treasurer. Except as provided in subsection (2) of this
section, upon receipt of such moneys the state treasurer ((shall)) must
credit sixty-five percent of the sums collected and remitted under RCW
82.08.150 (1) and (2) and one hundred percent of the sums collected and
remitted under RCW 82.08.150 (3) and (4) to the state general fund and
thirty-five percent of the sums collected and remitted under RCW
82.08.150 (1) and (2) to a fund which is hereby created to be known as
the "liquor excise tax fund."
(2) During the 2011-2013 fiscal biennium, 66.19 percent of the sums
collected and remitted under RCW 82.08.150 (1) and (2) must be
deposited in the state general fund and the remainder collected and
remitted under RCW 82.08.150 (1) and (2) must be deposited in the
liquor excise tax fund.
Sec. 970 RCW 82.14.310 and 2005 c 282 s 49 are each amended to
read as follows:
(1) The county criminal justice assistance account is created in
the state treasury. Beginning in fiscal year 2000, the state treasurer
((shall)) must transfer into the county criminal justice assistance
account from the general fund the sum of twenty-three million two
hundred thousand dollars divided into four equal deposits occurring on
July 1, October 1, January 1, and April 1. For each fiscal year
thereafter, the state treasurer ((shall)) must increase the total
transfer by the fiscal growth factor, as defined in RCW 43.135.025,
forecast for that fiscal year by the office of financial management in
November of the preceding year.
(2) The moneys deposited in the county criminal justice assistance
account for distribution under this section, less any moneys
appropriated for purposes under subsection (4) of this section,
((shall)) must be distributed at such times as distributions are made
under RCW 82.44.150 and on the relative basis of each county's funding
factor as determined under this subsection.
(a) A county's funding factor is the sum of:
(i) The population of the county, divided by one thousand, and
multiplied by two-tenths;
(ii) The crime rate of the county, multiplied by three-tenths; and
(iii) The annual number of criminal cases filed in the county
superior court, for each one thousand in population, multiplied by
five-tenths.
(b) Under this section and RCW 82.14.320 and 82.14.330:
(i) The population of the county or city ((shall be)) is as last
determined by the office of financial management;
(ii) The crime rate of the county or city is the annual occurrence
of specified criminal offenses, as calculated in the most recent annual
report on crime in Washington state as published by the Washington
association of sheriffs and police chiefs, for each one thousand in
population;
(iii) The annual number of criminal cases filed in the county
superior court ((shall)) must be determined by the most recent annual
report of the courts of Washington, as published by the administrative
office of the courts;
(iv) Distributions and eligibility for distributions in the ((1989-91)) 1989-1991 biennium ((shall)) must be based on 1988 figures for
both the crime rate as described under (ii) of this subsection and the
annual number of criminal cases that are filed as described under (iii)
of this subsection. Future distributions ((shall)) must be based on
the most recent figures for both the crime rate as described under (ii)
of this subsection and the annual number of criminal cases that are
filed as described under (iii) of this subsection.
(3) Moneys distributed under this section ((shall)) must be
expended exclusively for criminal justice purposes and ((shall)) may
not be used to replace or supplant existing funding. Criminal justice
purposes are defined as activities that substantially assist the
criminal justice system, which may include circumstances where
ancillary benefit to the civil or juvenile justice system occurs, and
which includes (a) domestic violence services such as those provided by
domestic violence programs, community advocates, and legal advocates,
as defined in RCW 70.123.020, and (b) during the 2001-2003 fiscal
biennium, juvenile dispositional hearings relating to petitions for at-risk youth, truancy, and children in need of services. Existing
funding for purposes of this subsection is defined as calendar year
1989 actual operating expenditures for criminal justice purposes.
Calendar year 1989 actual operating expenditures for criminal justice
purposes exclude the following: Expenditures for extraordinary events
not likely to reoccur, changes in contract provisions for criminal
justice services, beyond the control of the local jurisdiction
receiving the services, and major nonrecurring capital expenditures.
(4) Not more than five percent of the funds deposited to the county
criminal justice assistance account ((shall)) may be available for
appropriations for enhancements to the state patrol crime laboratory
system and the continuing costs related to these enhancements. Funds
appropriated from this account for such enhancements ((shall)) may not
supplant existing funds from the state general fund.
(5) During the 2011-2013 fiscal biennium, the amount that would
otherwise be transferred into the county criminal justice assistance
account from the general fund under subsection (1) of this section must
be reduced by 3.4 percent.
Sec. 971 RCW 82.14.320 and 1998 c 321 s 12 are each amended to
read as follows:
(1) The municipal criminal justice assistance account is created in
the state treasury. Beginning in fiscal year 2000, the state treasurer
((shall)) must transfer into the municipal criminal justice assistance
account for distribution under this section from the general fund the
sum of four million six hundred thousand dollars divided into four
equal deposits occurring on July 1, October 1, January 1, and April 1.
For each fiscal year thereafter, the state treasurer ((shall)) must
increase the total transfer by the fiscal growth factor, as defined in
RCW 43.135.025, forecast for that fiscal year by the office of
financial management in November of the preceding year.
(2) No city may receive a distribution under this section from the
municipal criminal justice assistance account unless:
(a) The city has a crime rate in excess of one hundred twenty-five
percent of the statewide average as calculated in the most recent
annual report on crime in Washington state as published by the
Washington association of sheriffs and police chiefs;
(b) The city has levied the tax authorized in RCW 82.14.030(2) at
the maximum rate or the tax authorized in RCW 82.46.010(3) at the
maximum rate; and
(c) The city has a per capita yield from the tax imposed under RCW
82.14.030(1) at the maximum rate of less than one hundred fifty percent
of the statewide average per capita yield for all cities from such
local sales and use tax.
(3) The moneys deposited in the municipal criminal justice
assistance account for distribution under this section, less any moneys
appropriated for purposes under subsection (7) of this section,
((shall)) must be distributed at such times as distributions are made
under RCW 82.44.150. The distributions ((shall)) must be made as
follows:
(a) Unless reduced by this subsection, thirty percent of the moneys
((shall)) must be distributed ratably based on population as last
determined by the office of financial management to those cities
eligible under subsection (2) of this section that have a crime rate
determined under subsection (2)(a) of this section which is greater
than one hundred seventy-five percent of the statewide average crime
rate. No city may receive more than fifty percent of any moneys
distributed under this subsection (a) but, if a city distribution is
reduced as a result of exceeding the fifty percent limitation, the
amount not distributed ((shall)) must be distributed under (b) of this
subsection.
(b) The remainder of the moneys, including any moneys not
distributed in subsection (2)(a) of this section, ((shall)) must be
distributed to all cities eligible under subsection (2) of this section
ratably based on population as last determined by the office of
financial management.
(4) No city may receive more than thirty percent of all moneys
distributed under subsection (3) of this section.
(5) Notwithstanding other provisions of this section, the
distributions to any city that substantially decriminalizes or repeals
its criminal code after July 1, 1990, and that does not reimburse the
county for costs associated with criminal cases under RCW 3.50.800 or
3.50.805(2), ((shall)) must be made to the county in which the city is
located.
(6) Moneys distributed under this section ((shall)) must be
expended exclusively for criminal justice purposes and ((shall)) may
not be used to replace or supplant existing funding. Criminal justice
purposes are defined as activities that substantially assist the
criminal justice system, which may include circumstances where
ancillary benefit to the civil justice system occurs, and which
includes domestic violence services such as those provided by domestic
violence programs, community advocates, and legal advocates, as defined
in RCW 70.123.020, and publications and public educational efforts
designed to provide information and assistance to parents in dealing
with runaway or at-risk youth. Existing funding for purposes of this
subsection is defined as calendar year 1989 actual operating
expenditures for criminal justice purposes. Calendar year 1989 actual
operating expenditures for criminal justice purposes exclude the
following: Expenditures for extraordinary events not likely to
reoccur, changes in contract provisions for criminal justice services,
beyond the control of the local jurisdiction receiving the services,
and major nonrecurring capital expenditures.
(7) Not more than five percent of the funds deposited to the
municipal criminal justice assistance account ((shall)) may be
available for appropriations for enhancements to the state patrol crime
laboratory system and the continuing costs related to these
enhancements. Funds appropriated from this account for such
enhancements ((shall)) may not supplant existing funds from the state
general fund.
(8) During the 2011-2013 fiscal biennium, the amount that would
otherwise be transferred into the municipal criminal justice assistance
account from the general fund under subsection (1) of this section must
be reduced by 3.4 percent.
Sec. 972 RCW 82.14.330 and 2003 c 90 s 1 are each amended to read
as follows:
(1)(a) Beginning in fiscal year 2000, the state treasurer ((shall))
must transfer into the municipal criminal justice assistance account
for distribution under this section from the general fund the sum of
four million six hundred thousand dollars divided into four equal
deposits occurring on July 1, October 1, January 1, and April 1. For
each fiscal year thereafter, the state treasurer ((shall)) must
increase the total transfer by the fiscal growth factor, as defined in
RCW 43.135.025, forecast for that fiscal year by the office of
financial management in November of the preceding year. The moneys
deposited in the municipal criminal justice assistance account for
distribution under this section, less any moneys appropriated for
purposes under subsection (4) of this section, ((shall)) must be
distributed to the cities of the state as follows:
(((a))) (i) Twenty percent appropriated for distribution ((shall))
must be distributed to cities with a three-year average violent crime
rate for each one thousand in population in excess of one hundred fifty
percent of the statewide three-year average violent crime rate for each
one thousand in population. The three-year average violent crime rate
((shall)) must be calculated using the violent crime rates for each of
the preceding three years from the annual reports on crime in
Washington state as published by the Washington association of sheriffs
and police chiefs. Moneys ((shall)) must be distributed under this
subsection (1)(a) ratably based on population as last determined by the
office of financial management, but no city may receive more than one
dollar per capita. Moneys remaining undistributed under this
subsection at the end of each calendar year ((shall)) must be
distributed to the criminal justice training commission to reimburse
participating city law enforcement agencies with ten or fewer full-time
commissioned patrol officers the cost of temporary replacement of each
officer who is enrolled in basic law enforcement training, as provided
in RCW 43.101.200.
(((b))) (ii) Sixteen percent ((shall)) must be distributed to
cities ratably based on population as last determined by the office of
financial management, but no city may receive less than one thousand
dollars.
(b) The moneys deposited in the municipal criminal justice
assistance account for distribution under this subsection ((shall)) (1)
must be distributed at such times as distributions are made under RCW
82.44.150.
(c) Moneys distributed under this subsection ((shall)) (1) must be
expended exclusively for criminal justice purposes and ((shall)) may
not be used to replace or supplant existing funding. Criminal justice
purposes are defined as activities that substantially assist the
criminal justice system, which may include circumstances where
ancillary benefit to the civil justice system occurs, and which
includes domestic violence services such as those provided by domestic
violence programs, community advocates, and legal advocates, as defined
in RCW 70.123.020. Existing funding for purposes of this subsection is
defined as calendar year 1989 actual operating expenditures for
criminal justice purposes. Calendar year 1989 actual operating
expenditures for criminal justice purposes exclude the following:
Expenditures for extraordinary events not likely to reoccur, changes in
contract provisions for criminal justice services, beyond the control
of the local jurisdiction receiving the services, and major
nonrecurring capital expenditures.
(2)(a) In addition to the distributions under subsection (1) of
this section:
(((a))) (i) Ten percent ((shall)) must be distributed on a per
capita basis to cities that contract with another governmental agency
for the majority of the city's law enforcement services. Cities that
subsequently qualify for this distribution ((shall)) must notify the
department of ((community, trade, and economic development)) commerce
by November 30th for the upcoming calendar year. The department of
((community, trade, and economic development shall)) commerce must
provide a list of eligible cities to the state treasurer by December
31st. The state treasurer ((shall)) must modify the distribution of
these funds in the following year. Cities have the responsibility to
notify the department of ((community, trade, and economic development))
commerce of any changes regarding these contractual relationships.
Adjustments in the distribution formula to add or delete cities may be
made only for the upcoming calendar year; no adjustments may be made
retroactively.
(((b))) (ii) The remaining fifty-four percent ((shall)) must be
distributed to cities and towns by the state treasurer on a per capita
basis. These funds ((shall)) must be used for: (((i))) (A) Innovative
law enforcement strategies; (((ii))) (B) programs to help at-risk
children or child abuse victim response programs; and (((iii))) (C)
programs designed to reduce the level of domestic violence or to
provide counseling for domestic violence victims.
(b) The moneys deposited in the municipal criminal justice
assistance account for distribution under this subsection (2), less any
moneys appropriated for purposes under subsection (4) of this section,
((shall)) must be distributed at the times as distributions are made
under RCW 82.44.150. Moneys remaining undistributed under this
subsection at the end of each calendar year ((shall)) must be
distributed to the criminal justice training commission to reimburse
participating city law enforcement agencies with ten or fewer full-time
commissioned patrol officers the cost of temporary replacement of each
officer who is enrolled in basic law enforcement training, as provided
in RCW 43.101.200.
(c) If a city is found by the state auditor to have expended funds
received under this subsection (2) in a manner that does not comply
with the criteria under which the moneys were received, the city
((shall be)) is ineligible to receive future distributions under this
subsection (2) until the use of the moneys are justified to the
satisfaction of the director or are repaid to the state general fund.
(3) Notwithstanding other provisions of this section, the
distributions to any city that substantially decriminalizes or repeals
its criminal code after July 1, 1990, and that does not reimburse the
county for costs associated with criminal cases under RCW 3.50.800 or
3.50.805(2), ((shall)) must be made to the county in which the city is
located.
(4) Not more than five percent of the funds deposited to the
municipal criminal justice assistance account ((shall)) may be
available for appropriations for enhancements to the state patrol crime
laboratory system and the continuing costs related to these
enhancements. Funds appropriated from this account for such
enhancements ((shall)) may not supplant existing funds from the state
general fund.
(5) During the 2011-2013 fiscal biennium, the amount that would
otherwise be transferred into the municipal criminal justice assistance
account from the general fund under subsection (1) of this section must
be reduced by 3.4 percent.
Sec. 973 RCW 82.14.390 and 2008 c 48 s 1 are each amended to read
as follows:
(1) Except as provided in subsection (7) of this section, the
governing body of a public facilities district (a) created before July
31, 2002, under chapter 35.57 or 36.100 RCW that commences construction
of a new regional center, or improvement or rehabilitation of an
existing new regional center, before January 1, 2004; (b) created
before July 1, 2006, under chapter 35.57 RCW in a county or counties in
which there are no other public facilities districts on June 7, 2006,
and in which the total population in the public facilities district is
greater than ninety thousand that commences construction of a new
regional center before February 1, 2007; (c) created under the
authority of RCW 35.57.010(1)(d); or (d) created before September 1,
2007, under chapter 35.57 or 36.100 RCW, in a county or counties in
which there are no other public facilities districts on July 22, 2007,
and in which the total population in the public facilities district is
greater than seventy thousand, that commences construction of a new
regional center before January 1, 2009, or before January 1, 2011, in
the case of a new regional center in a county designated by the
president as a disaster area in December 2007, may impose a sales and
use tax in accordance with the terms of this chapter. The tax is in
addition to other taxes authorized by law and ((shall)) must be
collected from those persons who are taxable by the state under
chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event
within the public facilities district. The rate of tax ((shall)) may
not exceed 0.033 percent of the selling price in the case of a sales
tax or value of the article used in the case of a use tax.
(2)(a) The governing body of a public facilities district imposing
a sales and use tax under the authority of this section may increase
the rate of tax up to 0.037 percent if, within three fiscal years of
July 1, 2008, the department determines that, as a result of RCW
82.14.490 and the chapter 6, Laws of 2007 amendments to RCW 82.14.020,
a public facilities district's sales and use tax collections for fiscal
years after July 1, 2008, have been reduced by a net loss of at least
0.50 percent from the fiscal year before July 1, 2008. The fiscal year
in which this section becomes effective is the first fiscal year after
July 1, 2008.
(b) The department ((shall)) must determine sales and use tax
collection net losses under this section as provided in RCW 82.14.500
(2) and (3). The department ((shall)) must provide written notice of
its determinations to public facilities districts. Determinations by
the department of a public facilities district's sales and use tax
collection net losses as a result of RCW 82.14.490 and the chapter 6,
Laws of 2007 amendments to RCW 82.14.020 are final and not appealable.
(c) A public facilities district may increase its rate of tax after
it has received written notice from the department as provided in (b)
of this subsection. The increase in the rate of tax must be made in
0.001 percent increments and must be the least amount necessary to
mitigate the net loss in sales and use tax collections as a result of
RCW 82.14.490 and the chapter 6, Laws of 2007 amendments to RCW
82.14.020. The increase in the rate of tax is subject to RCW
82.14.055.
(3) The tax imposed under subsection (1) of this section ((shall))
must be deducted from the amount of tax otherwise required to be
collected or paid over to the department of revenue under chapter 82.08
or 82.12 RCW. The department of revenue ((shall)) must perform the
collection of such taxes on behalf of the county at no cost to the
public facilities district. During the 2011-2013 fiscal biennium,
distributions by the state to a public facilities district based on the
additional rate authorized in subsection (2) of this section must be
reduced by 3.4 percent.
(4) No tax may be collected under this section before August 1,
2000. The tax imposed in this section ((shall)) expires when the bonds
issued for the construction of the regional center and related parking
facilities are retired, but not more than twenty-five years after the
tax is first collected.
(5) Moneys collected under this section ((shall)) may only be used
for the purposes set forth in RCW 35.57.020 and must be matched with an
amount from other public or private sources equal to thirty-three
percent of the amount collected under this section((, provided that));
however, amounts generated from nonvoter approved taxes authorized
under chapter 35.57 RCW or nonvoter approved taxes authorized under
chapter 36.100 RCW ((shall)) do not constitute a public or private
source. For the purpose of this section, public or private sources
includes, but is not limited to cash or in-kind contributions used in
all phases of the development or improvement of the regional center,
land that is donated and used for the siting of the regional center,
cash or in-kind contributions from public or private foundations, or
amounts attributed to private sector partners as part of a public and
private partnership agreement negotiated by the public facilities
district.
(6) The combined total tax levied under this section ((shall)) may
not be greater than 0.037 percent. If both a public facilities
district created under chapter 35.57 RCW and a public facilities
district created under chapter 36.100 RCW impose a tax under this
section, the tax imposed by a public facilities district created under
chapter 35.57 RCW ((shall)) must be credited against the tax imposed by
a public facilities district created under chapter 36.100 RCW.
(7) A public facilities district created under chapter 36.100 RCW
is not eligible to impose the tax under this section if the legislative
authority of the county where the public facilities district is located
has imposed a sales and use tax under RCW 82.14.0485 or 82.14.0494.
Sec. 974 RCW 82.14.500 and 2007 c 6 s 903 are each amended to
read as follows:
(1)(a) In order to mitigate local sales tax revenue net losses as
a result of the sourcing provisions of the streamlined sales and use
tax agreement under this title, the state treasurer ((shall)), on July
1, 2011, and each July 1st thereafter, must transfer into the
streamlined sales and use tax mitigation account from the general fund
((the sum of thirty-one million six hundred thousand dollars on July 1,
2008. On July 1, 2009, and each July 1st thereafter, the state
treasurer shall transfer into the streamlined sales and use tax
mitigation account from the general fund)) the sum required to mitigate
actual net losses as determined under this section.
(b) During the 2011-2013 fiscal biennium, the amount that would
otherwise be transferred under (a) of this subsection must be reduced
by 3.4 percent.
(2) Beginning July 1, 2008, and continuing until the department
determines annual losses under subsection (3) of this section, the
department ((shall)) must determine the amount of local sales tax net
loss each local taxing jurisdiction experiences as a result of the
sourcing provisions of the streamlined sales and use tax agreement
under this title each calendar quarter. The department ((shall)) must
determine losses by analyzing and comparing data from tax return
information and tax collections for each local taxing jurisdiction
before and after July 1, 2008, on a calendar quarter basis. The
department's analysis may be revised and supplemented in consultation
with the oversight committee as provided in subsection (4) of this
section. To determine net losses, the department ((shall)) must reduce
losses by the amount of voluntary compliance revenue for the calendar
quarter analyzed. Beginning December 31, 2008, distributions ((shall))
must be made quarterly from the streamlined sales and use tax
mitigation account by the state treasurer, as directed by the
department, to each local taxing jurisdiction, other than public
facilities districts for losses in respect to taxes imposed under the
authority of RCW 82.14.390, in an amount representing its net losses
for the previous calendar quarter. Distributions ((shall)) must be
made on the last working day of each calendar quarter and ((shall))
must cease when distributions under subsection (3) of this section
begin.
(3)(a) By December 31, 2009, or such later date the department in
consultation with the oversight committee determines that sufficient
data is available, the department ((shall)) must determine each local
taxing jurisdiction's annual loss. The department ((shall)) must
determine annual losses by comparing at least twelve months of data
from tax return information and tax collections for each local taxing
jurisdiction before and after July 1, 2008. The department ((shall))
is not ((be)) required to determine annual losses on a recurring basis,
but may make any adjustments to annual losses as it deems proper as a
result of the annual reviews provided in (b) of this subsection.
Beginning the calendar quarter in which the department determines
annual losses, and each calendar quarter thereafter, distributions
((shall)) must be made from the streamlined sales and use tax
mitigation account by the state treasurer on the last working day of
the calendar quarter, as directed by the department, to each local
taxing jurisdiction, other than public facilities districts for losses
in respect to taxes imposed under the authority of RCW 82.14.390, in an
amount representing one-fourth of the jurisdiction's annual loss
reduced by voluntary compliance revenue reported during the previous
calendar quarter.
(b) The department's analysis of annual losses ((shall)) must be
reviewed by December 1st of each year and may be revised and
supplemented in consultation with the oversight committee as provided
in subsection (4) of this section.
(4) The department ((shall)) must convene an oversight committee to
assist in the determination of losses. The committee ((shall))
includes one representative of one city whose revenues are increased,
one representative of one city whose revenues are reduced, one
representative of one county whose revenues are increased, one
representative of one county whose revenues are decreased, one
representative of one transportation authority under RCW 82.14.045
whose revenues are increased, and one representative of one
transportation authority under RCW 82.14.045 whose revenues are
reduced, as a result of RCW 82.14.490 and the chapter 6, Laws of 2007
amendments to RCW 82.14.020. Beginning July 1, 2008, the oversight
committee ((shall)) must meet quarterly with the department to review
and provide additional input and direction on the department's analyses
of losses. Local taxing jurisdictions may also present to the
oversight committee additional information to improve the department's
analyses of the jurisdiction's loss. Beginning January 1, 2010, the
oversight committee ((shall)) must meet at least annually with the
department by December 1st.
(5) The rule-making provisions of chapter 34.05 RCW do not apply to
this section.
Sec. 975 RCW 82.45.060 and 2005 c 450 s 1 are each amended to
read as follows:
There is imposed an excise tax upon each sale of real property at
the rate of one and twenty-eight one-hundredths percent of the selling
price. An amount equal to six and one-tenth percent of the proceeds of
this tax to the state treasurer ((shall)) must be deposited in the
public works assistance account created in RCW 43.155.050. Except as
otherwise provided in this section, an amount equal to one and six-
tenths percent of the proceeds of this tax to the state treasurer
((shall)) must be deposited in the city-county assistance account
created in RCW 43.08.290. During the 2011-2013 fiscal biennium, 1.546
percent of the proceeds of this tax to the state treasurer must be
deposited in the city-county assistance account.
Sec. 976 RCW 86.26.007 and 2009 c 564 s 961 are each amended to
read as follows:
The flood control assistance account is hereby established in the
state treasury. At the beginning of the 2005-2007 fiscal biennium, the
state treasurer shall transfer three million dollars from the general
fund to the flood control assistance account. Each biennium thereafter
the state treasurer shall transfer four million dollars from the
general fund to the flood control assistance account, except that
during the 2009-2011 and 2011-2013 fiscal ((biennium)) biennia, the
state treasurer shall transfer two million dollars from the general
fund to the flood control assistance account. Moneys in the flood
control assistance account may be spent only after appropriation for
purposes specified under this chapter.
Sec. 977 RCW 90.71.370 and 2010 1st sp.s. c 36 s 6013 are each
amended to read as follows:
(1) By December 1, 2008, and by September 1st of each even-numbered
year beginning in 2010, the council shall provide to the governor and
the appropriate fiscal committees of the senate and house of
representatives its recommendations for the funding necessary to
implement the action agenda in the succeeding biennium. The
recommendations shall:
(a) Identify the funding needed by action agenda element;
(b) Address funding responsibilities among local, state, and
federal governments, as well as nongovernmental funding; and
(c) Address funding needed to support the work of the partnership,
the panel, the ecosystem work group, and entities assisting in
coordinating local efforts to implement the plan.
(2) In the 2008 report required under subsection (1) of this
section, the council shall include recommendations for projected
funding needed through 2020 to implement the action agenda; funding
needs for science panel staff; identify methods to secure stable and
sufficient funding to meet these needs; and include proposals for new
sources of funding to be dedicated to Puget Sound protection and
recovery. In preparing the science panel staffing proposal, the
council shall consult with the panel.
(3) By November 1st of each odd-numbered year beginning in 2009,
the council shall produce a state of the Sound report that includes, at
a minimum:
(a) An assessment of progress by state and nonstate entities in
implementing the action agenda, including accomplishments in the use of
state funds for action agenda implementation;
(b) A description of actions by implementing entities that are
inconsistent with the action agenda and steps taken to remedy the
inconsistency;
(c) The comments by the panel on progress in implementing the plan,
as well as findings arising from the assessment and monitoring program;
(d) A review of citizen concerns provided to the partnership and
the disposition of those concerns;
(e) A review of the expenditures of funds to state agencies for the
implementation of programs affecting the protection and recovery of
Puget Sound, and an assessment of whether the use of the funds is
consistent with the action agenda; and
(f) An identification of all funds provided to the partnership, and
recommendations as to how future state expenditures for all entities,
including the partnership, could better match the priorities of the
action agenda.
(4)(a) The council shall review state programs that fund facilities
and activities that may contribute to action agenda implementation. By
November 1, 2009, the council shall provide initial recommendations
regarding program changes to the governor and appropriate fiscal and
policy committees of the senate and house of representatives. By
November 1, 2010, the council shall provide final recommendations
regarding program changes, including proposed legislation to implement
the recommendation, to the governor and appropriate fiscal and policy
committees of the senate and house of representatives.
(b) The review in this subsection shall be conducted with the
active assistance and collaboration of the agencies administering these
programs, and in consultation with local governments and other entities
receiving funding from these programs:
(i) Water pollution control facilities financing, chapter 70.146
RCW;
(ii) The water pollution control revolving fund, chapter 90.50A
RCW;
(iii) The public works assistance account, chapter 43.155 RCW;
(iv) The aquatic lands enhancement account, RCW 79.105.150;
(v) The state toxics control account and local toxics control
account and clean-up program, chapter 70.105D RCW;
(vi) The acquisition of habitat conservation and outdoor recreation
land, chapter 79A.15 RCW;
(vii) The salmon recovery funding board, RCW 77.85.110 through
77.85.150;
(viii) The community economic revitalization board, chapter 43.160
RCW;
(ix) Other state financial assistance to water quality-related
projects and activities; and
(x) Water quality financial assistance from federal programs
administered through state programs or provided directly to local
governments in the Puget Sound basin.
(c) The council's review shall include but not be limited to:
(i) Determining the level of funding and types of projects and
activities funded through the programs that contribute to
implementation of the action agenda;
(ii) Evaluating the procedures and criteria in each program for
determining which projects and activities to fund, and their
relationship to the goals and priorities of the action agenda;
(iii) Assessing methods for ensuring that the goals and priorities
of the action agenda are given priority when program funding decisions
are made regarding water quality-related projects and activities in the
Puget Sound basin and habitat-related projects and activities in the
Puget Sound basin;
(iv) Modifying funding criteria so that projects, programs, and
activities that are inconsistent with the action agenda are ineligible
for funding;
(v) Assessing ways to incorporate a strategic funding approach for
the action agenda within the outcome-focused performance measures
required by RCW 43.41.270 in administering natural resource-related and
environmentally based grant and loan programs.
(5) During the 2009-2011 fiscal biennium, the council's review must
result in a ranking of projects affecting the protection and recovery
of the Puget Sound basin that are proposed in the governor's capital
budget submitted under RCW 43.88.060. The ranking shall include
recommendations for reallocation of total requested funds for Puget
Sound basin projects to achieve the greatest positive outcomes for
protection and recovery of Puget Sound and shall be submitted to the
appropriate fiscal committees of the legislature no later than February
1, 2011.
(6) During the 2011-2013 fiscal biennium, the council shall by
November 1, 2012, produce the state of the sound report as defined in
subsection (3) of this section.
NEW SECTION. Sec. 978
Sec. 1001 2010 2nd sp.s. c 1 s 101 (uncodified) is amended to
read as follows:
FOR THE HOUSE OF REPRESENTATIVES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $33,505,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($30,934,000))
$30,918,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($64,439,000))
$64,423,000
Sec. 1002 2010 2nd sp.s. c 1 s 102 (uncodified) is amended to
read as follows:
FOR THE SENATE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $24,960,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($24,020,000))
$24,008,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($48,980,000))
$48,968,000
Sec. 1003 2010 2nd sp.s. c 1 s 106 (uncodified) is amended to
read as follows:
FOR THE SUPREME COURT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $6,912,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($6,844,000))
$6,924,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($13,756,000))
$13,836,000
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. 1004 2010 2nd sp.s. c 1 s 107 (uncodified) is amended to
read as follows:
FOR THE LAW LIBRARY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,925,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,592,000))
$1,596,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,517,000))
$3,521,000
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. 1005 2010 2nd sp.s. c 1 s 108 (uncodified) is amended to
read as follows:
FOR THE COURT OF APPEALS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $15,632,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($15,517,000))
$15,593,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($31,149,000))
$31,225,000
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. 1006 2011 c 5 s 106 (uncodified) is amended to read as
follows:
FOR THE ADMINISTRATOR FOR THE COURTS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $52,644,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($49,260,000))
$49,196,000
General Fund--Federal Appropriation . . . . . . . . . . . . $979,000
Judicial Information Systems Account -- State
Appropriation . . . . . . . . . . . . (($33,406,000))
$31,407,000
Judicial Stabilization Trust Account--State
Appropriation . . . . . . . . . . . . $6,598,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($142,887,000))
$140,824,000
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 $1,387,000 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. Absences from school occurring in the months of May and
June 2011 do not count towards the number of absences allowed under RCW
28A.225.030. Reductions in appropriations in this section reflect
reduced workload associated with filing petitions generated through
absences occurring in May and June.
(2)(a) $8,252,000 of the general fund--state appropriation for
fiscal year 2010 and $7,534,000 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.
The administrator shall regularly submit project plan updates for
approval to the judicial information system committee.
(c) The judicial information system committee shall review project
progress on a regular basis and may require quality assurance plans.
The judicial information systems committee 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.)) 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.
(8)
(((9))) (8) $44,000 of the judicial information systems account--state appropriation is provided solely to implement chapter 272, Laws
of 2010 (SHB 2680; guardianship).
(((10))) (9) $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))) (10) $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.
(((12))) (11) In accordance with RCW 43.135.055, the administrative
office of the courts is authorized to adopt and increase the fees set
forth in and previously authorized in section 6, chapter 491, Laws of
2009.
Sec. 1007 2011 c 5 s 107 (uncodified) is amended to read as
follows:
FOR THE SECRETARY OF STATE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $21,105,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($13,612,000))
$14,727,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $8,082,000
Archives and Records Management Account -- State
Appropriation . . . . . . . . . . . . $8,990,000
Charitable Organization Education Account--State
Appropriation . . . . . . . . . . . . $76,000
Department of Personnel Service Account -- State
Appropriation . . . . . . . . . . . . $757,000
Election Account--State Appropriation . . . . . . . . . . . . $77,000
Local Government Archives Account -- State
Appropriation . . . . . . . . . . . . $11,515,000
Election Account -- Federal Appropriation . . . . . . . . . . . . $31,163,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($95,377,000))
$96,492,000
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 $1,845,000 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) In implementing budget reductions, the office of the secretary
of state must make its first priority to maintain funding for the
elections division.
(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 2011 is provided solely for deposit to the election account.
Sec. 1008 2011 c 5 s 108 (uncodified) is amended to read as
follows:
FOR THE PUBLIC DISCLOSURE COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $2,249,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,969,000))
$1,967,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,218,000))
$4,216,000
Sec. 1009 2011 c 5 s 113 (uncodified) is amended to read as
follows:
FOR THE ATTORNEY GENERAL
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $5,732,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($5,272,000))
$5,268,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $4,026,000
New Motor Vehicle Arbitration Account -- State
Appropriation . . . . . . . . . . . . $1,350,000
Legal Services Revolving Account -- State
Appropriation . . . . . . . . . . . . (($224,523,000))
$225,910,000
Tobacco Prevention and Control Account -- State
Appropriation . . . . . . . . . . . . $270,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($241,173,000))
$242,556,000
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. 1010 2011 c 5 s 114 (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) . . . . . . . . . . . . (($660,000))
$658,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,426,000))
$1,424,000
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. 1011 2011 c 5 s 115 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF COMMERCE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $49,670,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($36,739,000))
$36,710,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $385,601,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $10,972,000
Public Works Assistance Account -- State
Appropriation . . . . . . . . . . . . $2,974,000
Tourism Development and Promotion Account -- State
Appropriation . . . . . . . . . . . . $798,000
Drinking Water Assistance Administrative
Account -- State Appropriation . . . . . . . . . . . . $433,000
Lead Paint Account -- State Appropriation . . . . . . . . . . . . $35,000
Building Code Council Account -- State Appropriation . . . . . . . . . . . . $688,000
Home Security Fund Account -- State Appropriation . . . . . . . . . . . . $24,486,000
Affordable Housing for All Account -- State
Appropriation . . . . . . . . . . . . $11,896,000
Washington Auto Theft Prevention Authority
Account--State Appropriation . . . . . . . . . . . . $300,000
Independent Youth Housing Account -- State Appropriation . . . . . . . . . . . . $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 . . . . . . . . . . . . $6,882,000
City and Town Research Services Account--State
Appropriation . . . . . . . . . . . . $2,246,000
Manufacturing Innovation and Modernization
Account -- State Appropriation . . . . . . . . . . . . $230,000
Community and Economic Development Fee Account -- State
Appropriation . . . . . . . . . . . . $6,922,000
Washington Housing Trust Account -- State
Appropriation . . . . . . . . . . . . $15,348,000
Prostitution Prevention and Intervention Account--
State Appropriation . . . . . . . . . . . . $125,000
Public Facility Construction Loan Revolving
Account -- State Appropriation . . . . . . . . . . . . $754,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($559,304,000))
$559,275,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $2,378,000 of the general fund -- state appropriation for fiscal
year 2010 and $2,117,000 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 $89,000 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).)) $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.
(e)
(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 $18,000 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 $447,000 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 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 $35,000 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 $559,000 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 $274,000 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 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 $290,000 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.
(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 $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.
(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 $253,000 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 $394,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the Washington asset building
coalitions.
(27) $3,231,000 of the general fund--state appropriation for fiscal
year 2010 and $2,953,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for associate development
organizations.
(28) $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.
(29) $237,000 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.
(30) $62,000 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.
(31) $750,000 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).
(32) $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.
(33) $45,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for a grant to HistoryLink.
Sec. 1012 2010 2nd sp.s. c 1 s 116 (uncodified) is amended to
read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $21,089,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($18,285,000))
$17,996,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $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 . . . . . . . . . . . . $278,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($68,050,000))
$67,761,000
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) $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.
(4) 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.
(5)(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.
(6) Appropriations in this section include amounts sufficient to
implement Engrossed Substitute House Bill No. 3178 (technology
efficiencies).
Sec. 1013 2011 c 5 s 117 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF ADMINISTRATIVE HEARINGS
Administrative Hearings Revolving Account -- State
Appropriation . . . . . . . . . . . . (($34,468,000))
$34,805,000
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. 1014 2011 c 5 s 118 (uncodified) is amended to read as
follows:
FOR THE COMMISSION ON HISPANIC AFFAIRS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $250,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($227,000))
$226,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($477,000))
$476,000
Sec. 1015 2011 c 5 s 119 (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) . . . . . . . . . . . . (($210,000))
$221,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($453,000))
$464,000
Sec. 1016 2011 c 5 s 120 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF REVENUE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $109,472,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($107,662,000))
$107,169,000
Timber Tax Distribution Account -- State Appropriation . . . . . . . . . . . . $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 . . . . . . . . . . . . $3,429,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $87,000
Oil Spill Prevention Account -- State Appropriation . . . . . . . . . . . . $19,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($226,734,000))
$226,241,000
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 $4,242,000 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) $304,000 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. 1017 2011 c 5 s 121 (uncodified) is amended to read as
follows:
FOR THE BOARD OF TAX APPEALS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,346,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,195,000))
$1,194,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,541,000))
$2,540,000
Sec. 1018 2011 c 5 s 122 (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) . . . . . . . . . . . . (($3,527,000))
$3,524,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,956,000
Building Code Council Account--State Appropriation . . . . . . . . . . . . $875,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $84,000
General Administration Service Account -- State
Appropriation . . . . . . . . . . . . $31,397,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($39,654,000))
$39,651,000
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 $14,000 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) $3,197,000 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.
(4) In accordance with RCW 46.08.172 and 43.135.055, the department
is authorized to increase parking fees in fiscal year 2011 as necessary
to meet the actual costs of conducting business.
Sec. 1019 2011 c 5 s 125 (uncodified) is amended to read as
follows:
FOR THE MILITARY DEPARTMENT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $9,350,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($7,898,000))
$7,890,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $168,599,000
Enhanced 911 Account -- State Appropriation . . . . . . . . . . . . $44,508,000
Disaster Response Account -- State Appropriation . . . . . . . . . . . . $28,350,000
Disaster Response Account -- Federal Appropriation . . . . . . . . . . . . $114,496,000
Military Department Rent and Lease Account -- State
Appropriation . . . . . . . . . . . . $612,000
Military Department Active State Service Account -- Federal
Appropriation . . . . . . . . . . . . $592,000
Worker and Community Right-to-Know Account -- State
Appropriation . . . . . . . . . . . . $341,000
Nisqually Earthquake Account -- State Appropriation . . . . . . . . . . . . $307,000
Nisqually Earthquake Account -- Federal Appropriation . . . . . . . . . . . . $1,067,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($376,120,000))
$376,112,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $28,326,000 of the disaster response account -- state
appropriation and $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 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) $307,000 of the Nisqually earthquake account -- state
appropriation and $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 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 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.
(4) $500,000 of the general fund--state appropriation for fiscal
year 2010 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 may not use any of the funds for administrative purposes.
Sec. 1020 2011 c 5 s 126 (uncodified) is amended to read as
follows:
FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $2,667,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($2,345,000))
$2,344,000
Higher Education Personnel Services Account--State
Appropriation . . . . . . . . . . . . $250,000
Department of Personnel Service Account -- State
Appropriation . . . . . . . . . . . . $3,263,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($8,525,000))
$8,524,000
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. 1021 2011 c 5 s 127 (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) . . . . . . . . . . . . (($1,230,000))
$1,197,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,293,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $14,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,908,000))
$4,875,000
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. 1022 2011 c 5 s 128 (uncodified) is amended to read as
follows:
FOR THE GROWTH MANAGEMENT HEARINGS BOARD
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,642,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,334,000))
$1,331,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,976,000))
$2,973,000
The appropriations in this section are subject to the following
conditions and limitations: $12,000 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. 1101 2010 1st sp.s. c 37 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)) 2011,
unless specifically prohibited by this act, the department may transfer
general fund--state appropriations for fiscal year ((2010)) 2011 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)) 2011 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.
Sec. 1102 2011 c 5 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) . . . . . . . . . . . . $315,002,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($287,643,000))
$285,342,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($494,136,000))
$494,749,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $3,320,000
Home Security Fund Appropriation . . . . . . . . . . . . $8,406,000
Domestic Violence Prevention Account--State
Appropriation . . . . . . . . . . . . $1,154,000
Education Legacy Trust Account--State Appropriation . . . . . . . . . . . . $725,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,110,386,000))
$1,108,698,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $937,000 of the general fund--state appropriation for fiscal
year 2010 and $696,000 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 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.
(2) $369,000 of the general fund--state appropriation for fiscal
year 2010, $343,000 of the general fund--state appropriation for fiscal
year 2011, and $306,000 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.
(3) $2,500,000 of the general fund--state appropriation for fiscal
year 2010 and $46,000 of the general fund--state appropriation for
fiscal year 2011, and $2,098,000 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.
(4) A maximum of $69,190,000 of the general fund--state
appropriations and $54,443,000 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 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 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 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.
(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.
(6) $13,387,000 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.
(7) $36,000 of the general fund--state appropriation for fiscal
year 2010, $34,000 of the general fund--state appropriation for fiscal
year 2011, and $29,000 of the general fund--federal appropriation are
provided solely for the implementation of chapter 465, Laws of 2007
(child welfare).
(8) $125,000 of the general fund--state appropriation for fiscal
year 2010 and $118,000 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.
$95,000 of this amount is for Casey family partners and $23,000 of this
amount is for volunteers of America crosswalk in fiscal year 2011.
(9) $1,904,000 of the general fund--state appropriation for fiscal
year 2010, $1,441,000 of the general fund--state appropriation for
fiscal year 2011, and $335,000 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. 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, and comprehensive safety assessments 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.
(10) $7,679,000 of the general fund--state appropriation for fiscal
year 2010, $6,226,000 of the general fund--state appropriation for
fiscal year 2011, and $4,658,000 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 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.
(11) $145,000 of the general fund--state appropriation for fiscal
year 2010, $817,000 of the general fund--state appropriation for fiscal
year 2011, and $668,000 of the home security fund--state appropriation
is provided solely for street youth program services.
(12) $1,522,000 of the general fund--state appropriation for fiscal
year 2010, $1,256,000 of the general fund--state appropriation for
fiscal year 2011, and $1,372,000 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.
(13) $493,000 of the general fund--state appropriation for fiscal
year 2010, $102,000 of the general fund--state appropriation for fiscal
year 2011, $466,000 of the general fund--private/local appropriation,
$182,000 of the general fund--federal appropriation, and $725,000 of
the education legacy trust account--state appropriation 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.
(14) $1,273,000 of the home security fund account--state
appropriation is provided solely for HOPE beds.
(15) $4,234,000 of the home security fund account--state
appropriation is provided solely for the crisis residential centers.
(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.
(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.
(18) $157,000 of the general fund--state appropriation for fiscal
year 2010 and $78,000 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.
(19) $303,000 of the general fund--state appropriation for fiscal
year 2010, $392,000 of the general fund--state appropriation for fiscal
year 2011, and $241,000 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.
(20) $98,000 of the general fund--state appropriation for fiscal
year 2010 and $49,000 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.
(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 $671,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for services provided through
children's advocacy centers.
(23) $10,000 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, $1,677,000 of the general fund--state appropriation for
fiscal year 2011, and $4,379,000 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.
(((28) The appropriations in this section reflect reductions to the
foster care maintenance payment rates during fiscal year 2011.))
Sec. 1103 2011 c 5 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) . . . . . . . . . . . . $103,437,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($90,240,000))
$89,127,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,715,000))
$1,734,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($1,899,000))
$1,931,000
Washington Auto Theft Prevention Authority Account--
State Appropriation . . . . . . . . . . . . $3,896,000
Juvenile Accountability Incentive Account -- Federal
Appropriation . . . . . . . . . . . . $2,805,000
State Efficiency and Restructuring Account--State
Appropriation . . . . . . . . . . . . $4,958,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($208,950,000))
$207,888,000
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 $331,000 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) $3,408,000 of the general fund--state appropriation for fiscal
year 2010 and $2,716,000 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 $3,482,000 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) $1,427,000 of the general fund--state appropriation for fiscal
year 2010 and $1,130,000 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 $2,873,000 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, 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.
(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. 1104 2011 c 5 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) . . . . . . . . . . . . $273,648,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($263,993,000))
$271,260,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($520,024,000))
$513,373,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $16,951,000
Hospital Safety Net Assessment Fund--State
Appropriation . . . . . . . . . . . . $3,476,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,078,092,000))
$1,078,708,000
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 $101,089,000 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 in
fiscal year 2010 of $11,606,000 ((each fiscal year)) and in fiscal year
2011 of $24,206,000 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)) These
reductions 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) $10,400,000 of the general fund--state appropriation for fiscal
year 2010, $8,814,000 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. 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 $6,091,000 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, 587 per day through the second
quarter of fiscal year 2011, and 557 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.
(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.
(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.
(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.
(h) $750,000 of the general fund--state appropriation for fiscal
year 2010 and $703,000 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.
(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.
(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.
(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.
(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.
(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.
(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) . . . . . . . . . . . . $119,423,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($112,514,000))
$111,365,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($152,195,000))
$154,399,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($63,873,000))
$64,789,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($448,005,000))
$449,976,000
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 $216,000 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 $42,000 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) $187,000 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) . . . . . . . . . . . . $1,961,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($2,142,000))
$2,538,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($5,922,000))
$6,318,000
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 $1,416,000 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) $94,000 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) $56,000 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) $56,000 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) $56,000 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.
(4) PROGRAM SUPPORT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $4,078,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($3,722,000))
$4,002,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($7,207,000))
$6,920,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($15,007,000))
$15,000,000
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. 1105 2011 c 5 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) . . . . . . . . . . . . $307,348,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($321,752,000))
$329,639,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($890,274,000))
$870,232,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,519,374,000))
$1,507,219,000
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) $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) $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.
(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.
(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.
(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).
(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.
(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.
(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.
(l) $116,000 of the general fund--state appropriation for fiscal
year 2010, $2,133,000 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.
(m) $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.
(n) 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.
(o) $75,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the restoration of direct support to
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.
(2) INSTITUTIONAL SERVICES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $61,422,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($62,551,000))
$66,554,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($205,440,000))
$200,262,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($22,357,000))
$22,657,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($351,770,000))
$350,895,000
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)) $800,000 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. For fiscal year 2011 and within the amounts appropriated in
this subsection, the department shall pay for para educators and
behavior aides for students residing at Fircrest residential
habilitation center as specified in the individualized education
program required by the individuals with disabilities education act.
(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) . . . . . . . . . . . . $1,407,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . $1,341,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,263,000))
$1,277,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,011,000))
$4,025,000
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 -- Federal Appropriation . . . . . . . . . . . . (($10,171,000))
$10,157,000
The appropriation in this subsection is subject to the following
conditions and limitations: The appropriations in this subsection are
available solely for the infant toddler early intervention program and
the money follows the person program as defined by this federal grant.
Sec. 1106 2011 c 5 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) . . . . . . . . . . . . $616,837,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($606,962,000))
$654,555,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,917,607,000))
$1,915,332,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $18,013,000
Traumatic Brain Injury Account -- State Appropriation . . . . . . . . . . . . $4,136,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,163,555,000))
$3,208,873,000
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 $169.85 for
fiscal year 2010 and shall not exceed (($161.86)) $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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(11) $3,955,000 of the general fund--state appropriation for fiscal
year 2010, $3,972,000 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 $1,759,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for operation of the volunteer
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) $209,000 of the general fund--state appropriation for fiscal
year 2010, $732,000 of the general fund--state appropriation for fiscal
year 2011, and $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) 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) $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.
(21) 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.
(22) 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.
(23) $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.
(24) $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.
(25) $937,000 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.
(26) $94,000 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 of a variety of performance
measures.
(27) $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.
(28) The department is authorized to place long-term care clients
residing in nursing homes and paid for with state only funds into less
restrictive community care settings while continuing to meet the
client's care needs.
(29) In accordance with RCW 43.135.055, the department is
authorized to adopt and increase the fees set forth in and previously
authorized in section 206(19), chapter 37, Laws of 2010 1st sp.s.
Sec. 1107 2011 c 5 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) . . . . . . . . . . . . $564,242,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($540,549,000))
$567,683,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,219,423,000))
$1,268,032,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $37,816,000
Administrative Contingency Account--State
Appropriation . . . . . . . . . . . . $24,336,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,386,366,000))
$2,462,109,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $303,393,000 of the general fund--state appropriation for
fiscal year 2010, (($285,057,000)) $285,699,000 of the general fund--state appropriation for fiscal year 2011 net of child support pass-through recoveries, $24,336,000 of the administrative contingency
account--state appropriation, and (($778,606,000)) $863,146,000 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;)) 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;
(b)
(((c))) (b) 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))) (c) 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.
(2) The department may establish a career services work transition
program.
(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)) $19,027,000 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.
(((4))) (5) $94,322,000 of the general fund--state appropriation
for fiscal year 2010 and (($76,979,000)) $94,104,000 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 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:
(i) The department shall aggressively pursue opportunities to
transfer 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;
(ii) The department shall review the 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;
(iii) The department shall actively coordinate with local workforce
development councils to expedite access to worker retraining programs
for lifeline clients in those regions of the state with the greatest
number of such clients;
(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
(v) In addition to any earlier evaluation that may have been
conducted, the department shall intensively evaluate those clients who
have been receiving 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.
(vi) The appropriations in this subsection reflect a change in the
earned income disregard policy for lifeline clients. It is the intent
of the legislature that the department shall adopt the temporary
assistance for needy families earned income policy for the lifeline
program.
(((5))) (6) $750,000 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 naturalization services.
(((6))) (7) $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 $2,050,000 of the general fund--state
appropriation for fiscal year 2011 is provided solely for refugee
employment services, of which $1,540,000 is provided solely for the
department to pass through to statewide refugee assistance
organizations for limited English proficiency pathway services.
(((7))) (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.
(((8))) (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.
(((9))) (10) $100,000 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.
(((10))) (11) To ensure expenditures remain within available funds
appropriated in this section, the legislature establishes the benefit
under the state food assistance program, made pursuant to RCW
74.08A.120, to be fifty percent of the federal supplemental nutrition
assistance program benefit amount.
Sec. 1108 2011 c 5 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) . . . . . . . . . . . . $81,982,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($77,065,000))
$77,818,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($151,574,000))
$152,619,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $2,718,000
Criminal Justice Treatment Account -- State
Appropriation . . . . . . . . . . . . $17,743,000
Problem Gambling Account -- State Appropriation . . . . . . . . . . . . $1,456,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($332,538,000))
$334,336,000
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) Funding is provided 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. 1109 2011 c 5 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) . . . . . . . . . . . . $1,697,203,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,737,303,000))
$1,814,985,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($6,047,405,000))
$5,903,131,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($38,509,000))
$37,247,000
Emergency Medical Services and Trauma Care Systems
Trust Account -- State Appropriation . . . . . . . . . . . . $15,075,000
Tobacco Prevention and Control Account --
State Appropriation . . . . . . . . . . . . (($4,464,000))
$3,798,000
Hospital Safety Net Assessment Fund--State
Appropriation . . . . . . . . . . . . (($260,057,000))
$254,974,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($9,800,016,000))
$9,726,413,000
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) $649,000 of the general fund -- federal appropriation and
$644,000 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) $5,729,000 of the general fund--state appropriation for fiscal
year 2011, and $5,776,000 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 is
appropriated in section ((204(1))) 1104(1) of this act, and
(($29,480,000)) $15,113,000 of the general fund--state appropriation
for fiscal year 2011, of which $6,570,000 is appropriated in section
((204(1))) 1104(1) of this act, are provided solely for 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 (($241,141,000)) $247,809,000 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 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 lifeline benefits. Pursuant to RCW
74.09.035, the department shall not expend for the lifeline medical
care services program any amounts in excess of the amounts provided in
this subsection.
(13) Mental health services shall be included in the services
provided through the managed care system 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 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 and outcomes
for lifeline medical clients. Outcomes measured shall include state
costs, utilization, changes in mental health status and symptoms, and
involvement in the criminal justice system.
(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) $9,075,000 of the general fund--state appropriation for fiscal
year 2010, $8,588,000 of the general fund--state appropriation for
fiscal year 2011, and $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 and $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 implement a prorated inpatient payment policy.
(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. The department shall prioritize
evidence-based practices for delivery of maternity support services.
To the extent practicable, the department shall develop a mechanism to
increase federal funding for maternity support services by leveraging
local public funding for those services.
(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).
(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.
(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
until December 31, 2010.
(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) $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.
(36) $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).
(37) 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.
(38) $1,307,000 of the general fund--state appropriation for fiscal
year 2011 and $1,770,000 of the general fund--federal appropriation are
provided solely to continue to provide dental services in calendar year
2011 for qualifying adults with developmental disabilities. Services
shall include preventive, routine, and emergent dental care, and
support for continued operation of the dental education in care of
persons with disabilities (DECOD) program at the University of
Washington.
(39) 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.
(40)(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.
(41) $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.
(42) 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.
(43) $1,199,000 of the general fund--private/local appropriation
for fiscal year 2011 and $1,671,000 of the general fund--federal
appropriation are provided solely to support medical airlift services.
(44) $5,000,000 of the general fund--state appropriation for fiscal
year 2011 and $7,191,000 of the general fund--federal appropriation are
provided solely for payments to federally qualified health clinics and
rural health centers under a new alternative payment methodology that
((the department shall develop in consultation with the legislature and
the office of financial management)) reimburses the clinics and centers
at rates that are five percent higher than the rates that would be
provided under the federal prospective payment system.
(45) $33,000 of the general fund--state appropriation for fiscal
year 2011 and $61,000 of the general fund--federal appropriation are
provided solely to continue operation by a nonprofit organization of a
toll-free line that assists families to learn about and enroll in apple
health for kids, which provides publicly funded medical and dental care
for families with incomes below 300 percent of the federal poverty
level.
(46) $150,000 of the general fund--state appropriation for fiscal
year 2011 and $150,000 of the general fund-- federal appropriation are
provided solely for initiation of a prescriptive practices improvement
collaborative focusing upon atypical antipsychotics and other
medications commonly used in the treatment of severe and persistent
mental illnesses among adults. The project shall promote collaboration
among community mental health centers, other major prescribers of
atypical antipsychotic medications to adults enrolled in state medical
assistance programs, and psychiatrists, pharmacists, and other
specialists at the University of Washington department of psychiatry
and/or other research universities. The collaboration shall include
patient-specific prescriber consultations by psychiatrists and
pharmacists specializing in treatment of severe and persistent mental
illnesses among adults; production of profiles to assist prescribers
and clinics track their prescriptive practices and their patients'
medication use and adherence relative to evidence-based practice
guidelines, other prescribers, and patients at other clinics; and
in-service seminars at which participants can share and increase their
knowledge of evidence-based and other effective prescriptive practices.
(47) $75,000 of the general fund--state appropriation for fiscal
year 2011 and $75,000 of the general fund--federal appropriation are
provided solely to assist with development and implementation of
evidence-based strategies regarding the appropriate, safe, and
effective role of C-section surgeries and early induced labor in births
and neonatal care. The strategies shall be identified and implemented
in consultation with clinical research specialists, physicians,
hospitals, advanced registered nurse practitioners, and organizations
concerned with maternal and child health.
(48) $700,000 of the general fund--state appropriation for fiscal
year 2011 and $700,000 of the general fund--federal appropriation are
provided solely to pay federally designated rural health clinics their
full encounter rate for prenatal and well-child visits, whether
delivered under a managed care contract or fee-for-service, effective
January 1, 2011. In reconciling managed care enhancement payments for
calendar year 2009, the department shall treat well-child and prenatal
care visits as encounters subject to the clinic's encounter rate.
Sec. 1110 2011 c 5 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) . . . . . . . . . . . . $10,327,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($9,443,000))
$9,438,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $107,848,000
Telecommunications Devices for the Hearing and
Speech Impaired -- State Appropriation . . . . . . . . . . . . $6,056,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($133,674,000))
$133,669,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The vocational rehabilitation program shall coordinate closely
with the economic services program to serve 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.
(2) $80,000 of the telecommunications devices for the hearing and
speech impaired account--state appropriation is provided solely for the
office of deaf and hard of hearing to enter into an interagency
agreement with the department of services for the blind to support
contracts for services that provide employment support and help with
life activities for deaf-blind individuals in King county.
Sec. 1111 2011 c 5 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) . . . . . . . . . . . . $48,827,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($48,536,000))
$49,131,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($97,363,000))
$97,958,000
Sec. 1112 2011 c 5 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) . . . . . . . . . . . . $33,579,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($27,745,000))
$25,308,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($51,304,000))
$49,594,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,121,000
Institutional Impact Account--State Appropriation . . . . . . . . . . . . $22,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($113,771,000))
$109,624,000
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) $333,000 of the general fund--state appropriation for fiscal
year 2010 and (($300,000)) $281,000 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)) $417,000 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)) $167,000 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.
Sec. 1113 2011 c 5 s 212 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- PAYMENTS TO OTHER
AGENCIES PROGRAM
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $61,985,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($63,793,000))
$65,210,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($56,855,000))
$56,321,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($182,633,000))
$183,516,000
Sec. 1114 2011 c 5 s 213 (uncodified) is amended to read as
follows:
FOR THE STATE HEALTH CARE AUTHORITY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $208,258,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($108,749,000))
$108,896,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($31,975,000))
$34,922,000
State Health Care Authority Administration Account --
State Appropriation . . . . . . . . . . . . $34,880,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $527,000
Basic Health Plan Stabilization Account--State
Appropriation . . . . . . . . . . . . $6,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($390,389,000))
$393,483,000
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 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) $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).
(8) As soon as practicable after February 28, 2011, enrollment in
the subsidized basic health plan shall be limited to only include
persons who qualify as subsidized enrollees as defined in RCW 70.47.020
and who (a) qualify for services under 1115 medicaid demonstration
project number 11-W-00254/10; or (b) are foster parents licensed under
chapter 74.15 RCW.
(9) $1,500,000 of the general fund--federal appropriation is
provided solely for planning and implementation of a health benefit
exchange under the federal patient protection and affordable care act.
Within the amounts provided in this subsection, funds used by the
authority for information technology projects are conditioned on the
authority satisfying the requirements of section 902, chapter 564, Laws
of 2009.
Sec. 1115 2011 c 5 s 214 (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) . . . . . . . . . . . . (($2,353,000))
$2,350,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,584,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($6,575,000))
$6,572,000
Sec. 1116 2011 c 5 s 215 (uncodified) is amended to read as
follows:
FOR THE CRIMINAL JUSTICE TRAINING COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $17,273,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($16,721,000))
$16,803,000
General Fund--Federal Appropriation . . . . . . . . . . . . $143,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . (($1,378,000))
$1,382,000
Death Investigations Account -- State Appropriation . . . . . . . . . . . . $148,000
Municipal Criminal Justice Assistance Account --
State Appropriation . . . . . . . . . . . . $460,000
Washington Auto Theft Prevention Authority Account --
State Appropriation . . . . . . . . . . . . $6,432,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($42,555,000))
$42,641,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,191,000 of the general fund--state appropriation for fiscal
year 2010 is 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) $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.
(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)) $75,000 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.
Sec. 1117 2011 c 5 s 216 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF LABOR AND INDUSTRIES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $24,975,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($18,120,000))
$17,876,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $11,316,000
Asbestos Account -- State Appropriation . . . . . . . . . . . . $923,000
Electrical License Account -- State Appropriation . . . . . . . . . . . . $36,977,000
Farm Labor Revolving Account -- Private/Local Appropriation . . . . . . . . . . . . $28,000
Worker and Community Right-to-Know Account --
State Appropriation . . . . . . . . . . . . $1,987,000
Public Works Administration Account -- State
Appropriation . . . . . . . . . . . . $6,021,000
Manufactured Home Installation Training Account --
State Appropriation . . . . . . . . . . . . (($143,000))
$135,000
Accident Account -- State Appropriation . . . . . . . . . . . . $250,509,000
Accident Account -- Federal Appropriation . . . . . . . . . . . . $13,621,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $249,232,000
Medical Aid Account -- Federal Appropriation . . . . . . . . . . . . $3,186,000
Plumbing Certificate Account -- State Appropriation . . . . . . . . . . . . $1,704,000
Pressure Systems Safety Account -- State Appropriation . . . . . . . . . . . . $4,144,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($622,886,000))
$622,634,000
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).
(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).
(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).
(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).
(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).
(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).
(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. 1118 2011 c 5 s 217 (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) . . . . . . . . . . . . (($1,659,000))
$1,657,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,541,000))
$3,539,000
Sec. 1119 2011 c 5 s 218 (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) . . . . . . . . . . . . (($1,865,000))
$1,755,000
Charitable, Educational, Penal, and Reformatory
Institutions Account -- State Appropriation . . . . . . . . . . . . $10,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,788,000))
$3,678,000
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) . . . . . . . . . . . . $4,964,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,382,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $4,512,000
Veterans Innovations Program Account--State
Appropriation . . . . . . . . . . . . $897,000
Veteran Estate Management Account--Private/Local
Appropriation . . . . . . . . . . . . $1,072,000
TOTAL APPROPRIATION . . . . . . . . . . . . $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) . . . . . . . . . . . . $3,318,000
((General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . $1,793,000))
General Fund -- Federal Appropriation . . . . . . . . . . . . (($50,931,000))
$52,965,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($34,189,000))
$34,791,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($90,231,000))
$91,074,000
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. 1120 2011 c 5 s 219 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF HEALTH
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $98,414,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($72,427,000))
$72,269,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($564,379,000))
$567,818,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $162,237,000
Hospital Data Collection Account -- State Appropriation . . . . . . . . . . . . $218,000
Health Professions Account -- State Appropriation . . . . . . . . . . . . $82,850,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $603,000
Emergency Medical Services and Trauma Care Systems
Trust Account -- State Appropriation . . . . . . . . . . . . $13,206,000
Safe Drinking Water Account -- State Appropriation . . . . . . . . . . . . $2,731,000
Drinking Water Assistance Account -- Federal
Appropriation . . . . . . . . . . . . $22,862,000
Waterworks Operator Certification -- State
Appropriation . . . . . . . . . . . . $1,522,000
Drinking Water Assistance Administrative Account --
State Appropriation . . . . . . . . . . . . $326,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $4,348,000
Medical Test Site Licensure Account -- State
Appropriation . . . . . . . . . . . . $2,261,000
Youth Tobacco Prevention Account -- State Appropriation . . . . . . . . . . . . $1,512,000
Public Health Supplemental Account -- Private/Local
Appropriation . . . . . . . . . . . . $3,804,000
Community and Economic Development Fee Account--State
Appropriation . . . . . . . . . . . . $298,000
Accident Account -- State Appropriation . . . . . . . . . . . . $292,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $48,000
Tobacco Prevention and Control Account -- State
Appropriation . . . . . . . . . . . . $41,196,000
Biotoxin Account--State Appropriation . . . . . . . . . . . . $1,163,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,076,697,000))
$1,079,978,000
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).
(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.
(5) $57,000 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 midwifery licensure and
regulatory program to offset a reduction in revenue from fees. 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.
(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, at which point state funding
for the universal vaccine purchase program shall be discontinued.
(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.
(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.
(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.
(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.
(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.
$4,360,000 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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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) $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.
(22) $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.
(23) $66,000 of the health professions account--state appropriation
is provided solely to implement chapter 209, Laws of 2010 (pain
management).
(24) $10,000 of the health professions account--state appropriation
is provided solely to implement chapter 92, Laws of 2010
(cardiovascular invasive specialists).
(25) $23,000 of the general fund--state appropriation is provided
solely to implement chapter 182, Laws of 2010 (tracking ephedrine,
etc.).
(26) 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.
(27) 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.
(28) $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.
(29) $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.
(30) In accordance with RCW 43.135.055, the department is
authorized to adopt and increase all fees set forth in and previously
authorized in section 221(2), chapter 37, Laws of 2010 1st sp.s.
NEW SECTION. Sec. 1121 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, 2011, 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 2011 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. 1122 2011 c 5 s 220 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF CORRECTIONS
(1) ADMINISTRATION AND SUPPORT SERVICES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $55,772,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($51,929,000))
$48,131,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($107,701,000))
$103,903,000
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) . . . . . . . . . . . . $458,503,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($562,084,000))
$568,633,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($186,651,000))
$186,720,000
Washington Auto Theft Prevention Authority Account--
State Appropriation . . . . . . . . . . . . $5,936,000
State Efficiency and Restructuring Account--State
Appropriation . . . . . . . . . . . . $34,522,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,247,696,000))
$1,254,314,000
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, $7,953,000 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 appropriations in this subsection are based on savings
assumed from the closure of the McNeil Island corrections center, the
Ahtanum View corrections center, and the Pine Lodge corrections center
for women.
(3) COMMUNITY SUPERVISION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $150,729,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($134,840,000))
$133,549,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($285,569,000))
$284,278,000
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 $2,680,000 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) . . . . . . . . . . . . (($2,441,000))
$2,642,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($5,015,000))
$5,216,000
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) . . . . . . . . . . . . $40,728,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($38,629,000))
$38,995,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($79,357,000))
$79,723,000
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.
(6) Funding in this section may not be used to purchase radios or
base station repeaters related to the movement to narrowband
frequencies, or for reprogramming existing narrowband radios.
Sec. 1123 2011 c 5 s 221 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF SERVICES FOR THE BLIND
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $2,504,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($2,160,000))
$2,158,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($18,116,000))
$18,416,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $30,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($22,810,000))
$23,108,000
Sec. 1124 2011 c 5 s 222 (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) . . . . . . . . . . . . (($844,000))
$843,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,806,000))
$1,805,000
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. 1125 2011 c 5 s 223 (uncodified) is amended to read as
follows:
FOR THE EMPLOYMENT SECURITY DEPARTMENT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $2,054,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($4,735,000))
$4,219,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($324,135,000))
$327,109,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $33,640,000
Unemployment Compensation Administration Account --
Federal Appropriation . . . . . . . . . . . . (($348,000,000))
$370,397,000
Administrative Contingency Account -- State Appropriation . . . . . . . . . . . . $345,000
Employment Service Administrative Account -- State
Appropriation . . . . . . . . . . . . $37,775,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($750,684,000))
$775,539,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(1) $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) $17,327,000 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. After the effective date of this section, the employment
security department may not incur further obligations for the
replacement of the unemployment insurance tax information system
(TAXIS). Nothing in this act prohibits the department from meeting
obligations incurred prior to the effective date of this section.
(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).
(4) $1,263,000 of the unemployment compensation administration
account--federal appropriation is provided solely for implementation of
Senate Bill No. 5963 (unemployment insurance).
(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) $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).
(7) $2,000,000 of the general fund--state appropriation for fiscal
year 2010 and (($4,682,000)) $4,182,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for the
implementation of Senate Bill No. 5809 (WorkForce employment and
training).
(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.
(10) $577,000 of the unemployment compensation administration
account--federal appropriation is from amounts available to the state
by section 903 (d), (f), and (g) of the social security act (Reed act).
This amount is provided solely for implementation of chapter 4, Laws
of 2011 (unemployment insurance program).
(11) $11,000 of the unemployment compensation administration
account--federal appropriation is from amounts available to the state
by section 903 (d), (f), and (g) of the social security act (Reed act).
This amount is provided solely for implementation of chapter 4, Laws of
2011 (unemployment insurance program).
Sec. 1201 2011 c 5 s 301 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF ECOLOGY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $58,552,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($46,925,000))
$46,392,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $82,079,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $16,688,000
Special Grass Seed Burning Research Account -- State
Appropriation . . . . . . . . . . . . $14,000
Reclamation Account -- State Appropriation . . . . . . . . . . . . (($3,649,000))
$3,640,000
Flood Control Assistance Account -- State Appropriation . . . . . . . . . . . . $1,943,000
State Emergency Water Projects Revolving Account--
State Appropriation . . . . . . . . . . . . $240,000
Waste Reduction/Recycling/Litter Control -- State
Appropriation . . . . . . . . . . . . (($12,467,000))
$12,440,000
State Drought Preparedness Account--State
Appropriation . . . . . . . . . . . . $4,000,000
State and Local Improvements Revolving Account
(Water Supply Facilities) -- State Appropriation . . . . . . . . . . . . $424,000
Freshwater Aquatic Algae Control Account -- State
Appropriation . . . . . . . . . . . . $508,000
Water Rights Tracking System Account -- State
Appropriation . . . . . . . . . . . . $116,000
Site Closure Account -- State Appropriation . . . . . . . . . . . . $922,000
Wood Stove Education and Enforcement Account -- State
Appropriation . . . . . . . . . . . . $582,000
Worker and Community Right-to-Know Account -- State
Appropriation . . . . . . . . . . . . $1,663,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . (($106,642,000))
$106,391,000
State Toxics Control Account -- Private/Local
Appropriation . . . . . . . . . . . . $379,000
Local Toxics Control Account -- State
Appropriation . . . . . . . . . . . . (($24,690,000))
$24,670,000
Water Quality Permit Account -- State
Appropriation . . . . . . . . . . . . (($37,018,000))
$36,899,000
Underground Storage Tank Account -- State
Appropriation . . . . . . . . . . . . (($3,270,000))
$3,259,000
Biosolids Permit Account -- State Appropriation . . . . . . . . . . . . $1,866,000
Hazardous Waste Assistance Account -- State
Appropriation . . . . . . . . . . . . (($5,880,000))
$5,858,000
Air Pollution Control Account -- State Appropriation . . . . . . . . . . . . $1,565,000
Oil Spill Prevention Account -- State
Appropriation . . . . . . . . . . . . (($10,599,000))
$10,568,000
Air Operating Permit Account -- State
Appropriation . . . . . . . . . . . . (($2,758,000))
$2,748,000
Freshwater Aquatic Weeds Account -- State Appropriation . . . . . . . . . . . . $1,693,000
Oil Spill Response Account -- State Appropriation . . . . . . . . . . . . $7,077,000
Metals Mining Account -- State Appropriation . . . . . . . . . . . . $14,000
Water Pollution Control Revolving Account -- State
Appropriation . . . . . . . . . . . . $535,000
Water Pollution Control Revolving Account -- Federal
Appropriation . . . . . . . . . . . . $2,210,000
Water Rights Processing Account--State Appropriation . . . . . . . . . . . . $68,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($437,036,000))
$436,003,000
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 $181,000 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 $141,000 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 $220,000 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 $187,000 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) $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) 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.
(28) In accordance with RCW 43.135.055, the department is
authorized to increase the fees set forth in and previously authorized
in section 302(10), chapter 564, Laws of 2009.
(29) In accordance with RCW 43.135.055, the department is
authorized to adopt and increase the fees set forth in and previously
authorized in sections 3, 5, 7, and 12, chapter 285, Laws of 2010.
Sec. 1202 2011 c 5 s 302 (uncodified) is amended to read as
follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $23,176,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($18,309,000))
$18,275,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $6,892,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $73,000
Winter Recreation Program Account -- State Appropriation . . . . . . . . . . . . $1,556,000
Off Road Vehicle Account -- State Appropriation . . . . . . . . . . . . $239,000
Snowmobile Account -- State Appropriation . . . . . . . . . . . . $4,842,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $368,000
Recreation Resources Account--State Appropriation . . . . . . . . . . . . $9,469,000
NOVA Program Account--State Appropriation . . . . . . . . . . . . $9,164,000
Parks Renewal and Stewardship Account -- State
Appropriation . . . . . . . . . . . . $72,975,000
Parks Renewal and Stewardship Account -- Private/Local
Appropriation . . . . . . . . . . . . $300,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($147,363,000))
$147,329,000
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 $74,000 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 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. 1203 2011 c 5 s 303 (uncodified) is amended to read as
follows:
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,486,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,312,000))
$1,311,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $10,427,000
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 . . . . . . . . . . . . $2,738,000
NOVA Program Account -- State Appropriation . . . . . . . . . . . . $1,059,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($17,589,000))
$17,588,000
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 $194,000 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.
Sec. 1204 2010 2nd sp.s. c 1 s 305 (uncodified) is amended to
read as follows:
FOR THE ENVIRONMENTAL HEARINGS OFFICE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,108,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,035,000))
$1,034,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,143,000))
$2,142,000
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. 1205 2010 2nd sp.s. c 1 s 306 (uncodified) is amended to
read as follows:
FOR THE CONSERVATION COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $7,556,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($6,751,000))
$6,750,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,178,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($15,485,000))
$15,484,000
The appropriations in this section are subject to the following
conditions and limitations: 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.
Sec. 1206 2011 c 5 s 304 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $41,263,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($30,560,000))
$31,053,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $88,799,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $47,211,000
Off Road Vehicle Account -- State Appropriation . . . . . . . . . . . . $413,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $6,739,000
Recreational Fisheries Enhancement -- State
Appropriation . . . . . . . . . . . . $3,472,000
Warm Water Game Fish Account -- State Appropriation . . . . . . . . . . . . $2,861,000
Eastern Washington Pheasant Enhancement Account --
State Appropriation . . . . . . . . . . . . $851,000
Aquatic Invasive Species Enforcement Account -- State
Appropriation . . . . . . . . . . . . $207,000
Aquatic Invasive Species Prevention Account -- State
Appropriation . . . . . . . . . . . . $833,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . $86,998,000
Wildlife Account--Federal Appropriation . . . . . . . . . . . . $101,000
Wildlife Account--Private/Local Appropriation . . . . . . . . . . . . $39,000
Game Special Wildlife Account -- State Appropriation . . . . . . . . . . . . $2,367,000
Game Special Wildlife Account -- Federal Appropriation . . . . . . . . . . . . $3,426,000
Game Special Wildlife Account -- Private/Local
Appropriation . . . . . . . . . . . . $487,000
Wildlife Rehabilitation Account -- State Appropriation . . . . . . . . . . . . $269,000
Regional Fisheries Salmonid Recovery Account --
Federal Appropriation . . . . . . . . . . . . $5,001,000
Oil Spill Prevention Account -- State Appropriation . . . . . . . . . . . . $876,000
Oyster Reserve Land Account -- State Appropriation . . . . . . . . . . . . $916,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($323,689,000))
$324,182,000
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, 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) $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 removal of derelict gear in
Washington waters.
(8) The department of fish and wildlife shall dispose of all 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. 1207 2011 c 5 s 305 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $48,822,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($37,321,000))
$37,302,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $28,784,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $2,369,000
Forest Development Account -- State Appropriation . . . . . . . . . . . . $41,640,000
Off Road Vehicle Account -- State Appropriation . . . . . . . . . . . . $4,406,000
Surveys and Maps Account -- State Appropriation . . . . . . . . . . . . $2,332,000
Aquatic Lands Enhancement Account -- State
Appropriation . . . . . . . . . . . . $8,315,000
Resources Management Cost Account -- State
Appropriation . . . . . . . . . . . . $78,704,000
Surface Mining Reclamation Account -- State
Appropriation . . . . . . . . . . . . $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 . . . . . . . . . . . . $1,333,000
Natural Resources Conservation Areas Stewardship
Account -- State Appropriation . . . . . . . . . . . . $184,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $720,000
Air Pollution Control Account -- State Appropriation . . . . . . . . . . . . $478,000
NOVA Program Account -- State Appropriation . . . . . . . . . . . . $974,000
Derelict Vessel Removal Account -- State Appropriation . . . . . . . . . . . . $1,749,000
Agricultural College Trust Management Account --
State Appropriation . . . . . . . . . . . . $1,941,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($276,566,000))
$276,547,000
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 $327,000 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) $22,670,000 of the general fund -- state appropriation for fiscal
year 2010, $15,089,000 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 forest and fish support account.
(9) $30,000 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 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) $37,000 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.
Sec. 1208 2011 c 5 s 306 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF AGRICULTURE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $12,320,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($15,391,000))
$15,366,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $21,047,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $193,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $2,564,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $4,724,000
Water Quality Permit Account -- State Appropriation . . . . . . . . . . . . $61,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($56,300,000))
$56,275,000
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) $5,179,000 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. 1209 2011 c 5 s 307 (uncodified) is amended to read as
follows:
FOR THE PUGET SOUND PARTNERSHIP
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $3,143,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($2,528,000))
$2,525,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $8,096,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $493,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $794,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($15,054,000))
$15,051,000
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) $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) $839,000 of the general fund--state appropriation for fiscal
year 2010 and $608,000 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. 1301 2011 c 5 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) . . . . . . . . . . . . (($1,322,000))
$1,320,000
Architects' License Account -- State Appropriation . . . . . . . . . . . . $923,000
Professional Engineers' Account -- State
Appropriation . . . . . . . . . . . . $3,568,000
Real Estate Commission Account -- State Appropriation . . . . . . . . . . . . $9,987,000
Master License Account -- State Appropriation . . . . . . . . . . . . $15,718,000
Uniform Commercial Code Account -- State Appropriation . . . . . . . . . . . . $3,090,000
Real Estate Education Account -- State Appropriation . . . . . . . . . . . . $276,000
Real Estate Appraiser Commission Account -- State
Appropriation . . . . . . . . . . . . $1,683,000
Business and Professions Account -- State Appropriation . . . . . . . . . . . . $15,188,000
Real Estate Research Account -- State Appropriation . . . . . . . . . . . . $471,000
Geologists' Account -- State Appropriation . . . . . . . . . . . . $53,000
Derelict Vessel Removal Account -- State Appropriation . . . . . . . . . . . . $31,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($53,746,000))
$53,744,000
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. 1302 2011 c 5 s 402 (uncodified) is amended to read as
follows:
FOR THE STATE PATROL
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $38,977,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($33,292,000))
$32,867,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $15,793,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $4,986,000
Death Investigations Account -- State Appropriation . . . . . . . . . . . . $5,580,000
Enhanced 911 Account -- State Appropriation . . . . . . . . . . . . $603,000
County Criminal Justice Assistance Account -- State
Appropriation . . . . . . . . . . . . $3,146,000
Municipal Criminal Justice Assistance Account -- State
Appropriation . . . . . . . . . . . . $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 . . . . . . . . . . . . $8,821,000
Aquatic Invasive Species Enforcement Account -- State
Appropriation . . . . . . . . . . . . $54,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $509,000
Fingerprint Identification Account -- State
Appropriation . . . . . . . . . . . . $10,454,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($131,603,000))
$131,178,000
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. 1401 2011 c 5 s 501 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $35,415,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($30,196,000))
$30,136,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $87,081,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($152,692,000))
$152,632,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) A maximum of $23,096,000 of the general fund--state
appropriation for fiscal year 2010 and $20,070,000 of the general
fund--state appropriation for fiscal year 2011 is for state agency
operations.
(a) $11,226,000 of the general fund -- state appropriation for fiscal
year 2010 and $9,709,000 of the general fund -- state appropriation for
fiscal year 2011 are 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, monthly, accurate monthly headcount
and FTE enrollments for students in 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) $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.
(c) $920,000 of the general fund--state appropriation for fiscal
year 2010 and $491,000 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.
(d) $965,000 of the general fund -- state appropriation for fiscal
year 2010 and $887,000 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.
(e) $5,366,000 of the general fund--state appropriation for fiscal
year 2010 and $3,103,000 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 $985,000 in fiscal year 2011
are for the operation and expenses of the Washington professional
educator standards board;
(ii) $4,106,000 of the general fund--state appropriation for fiscal
year 2010 and $1,936,000 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.
(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). $94,000 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.
(f) $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.
(g) $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.
(h) $75,000 of the general fund -- state appropriation for fiscal
year 2010 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.
(i) 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.
(j) $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).
(k) $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).
(l) $25,000 of the general fund--state appropriation for fiscal
year 2010 and $12,000 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.
(m) $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.
(n) $89,000 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.
(o) 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.
(p) $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.
(q) $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.
(r) $24,000 of the general fund--state appropriation for fiscal
year 2010 is 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.
(s) $950,000 of the general fund--state appropriation for fiscal
year 2010 ((is)) and $150,000 of the general fund--state appropriation
for fiscal year 2011 are provided solely for office of the attorney
general costs related to McCleary v. State of Washington.
(2) $12,320,000 of the general fund--state appropriation for fiscal
year 2010, $10,127,000 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 $2,381,000 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 $94,000 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 $90,000 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 is provided solely for the youth suicide prevention program.
(vi) $50,000 of the general fund--state appropriation for fiscal
year 2010 and $47,000 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) $1,842,000 of the general fund -- state appropriation for fiscal
year 2010 and $1,635,000 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.
(c) GRANTS AND ALLOCATIONS
(i) $1,329,000 of the general fund--state appropriation for fiscal
year 2010 and $664,000 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 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 $87,000 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) $2,898,000 of the general fund--state appropriation for fiscal
year 2010 and $2,924,000 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) $627,000 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 implementation of a statewide
program for comprehensive dropout prevention, intervention, and
retrieval.
(vii) $40,000 of the general fund--state appropriation for fiscal
year 2010 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) $60,000 of the general fund--state appropriation for fiscal
year 2010 is 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 $37,000 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 $48,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to support vocational student
leadership organizations.
(xi) $100,000 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. 1402 2011 c 5 s 502 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR GENERAL
APPORTIONMENT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $5,126,153,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($4,887,369,000))
$4,748,555,000
General Fund--Federal Appropriation . . . . . . . . . . . . $208,098,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($10,221,620,000))
$10,082,806,000
The appropriations in this section are subject to the following
conditions and limitations:
(1)(a) 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.
(b) The appropriations in this section include federal funds
provided through section 101 of Public Law No. 111-226 (education jobs
fund), which shall be used to support general apportionment program
funding. In distributing general apportionment allocations under this
section for the 2010-11 school year, the superintendent shall include
the entire allocation from the federal funds provided through section
101 of Public Law No. 111-226 (education jobs fund) as part of each
district's general apportionment allocation.
(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) 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,
as in effect on November 1, 2009: For the 2009-10 school year, fifty-three and two-tenths certificated instructional staff units per
thousand full-time equivalent students in grades K through three and,
for the portion of the 2010-11 school year from September 1, 2010,
through January 31, 2011, fifty and seventy-five one-hundredths
certificated instructional staff units per thousand full-time
equivalent students in grades K through three.
(II) For all other districts for the 2009-10 school year, 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.
For the portion of the 2010 school year from September 1, 2010,
through January 31, 2011, a minimum of forty-nine certificated
instructional staff units per thousand full-time equivalent 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 and seventy-five one-hundredths
certificated instructional staff units per thousand full-time
equivalent students in grades K through three.
(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 as in effect on
November 1, 2009: 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 portion of the
2010-11 school year from September 1, 2010, through January 31, 2011,
forty-six and twenty-seven 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 portion of the 2010-11 school year from September 1, 2010,
through January 31, 2011, 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-six and twenty-seven one-hundredths certificated instructional
staff units per 1,000 FTE students;
(iii) For the portion of the 2010-11 school year beginning February
1, 2010:
(A) Forty-nine certificated instructional staff units per thousand
full-time equivalent students in grades kindergarten through three;
(B) Forty-six certificated instructional staff units per thousand
full-time equivalent students in grade 4;
(iv) All allocations for instructional staff units per thousand
full-time equivalent students above forty-nine in grades kindergarten
through three and forty-six in grade four shall occur in apportionments
in the monthly periods prior to February 1, 2011;
(v) Forty-six certificated instructional staff units per thousand
full-time equivalent students in grades 5-12;
(vi) 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;
(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 16.59 percent in the
2009-10 school year and 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 $10,424 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 $25,399 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 $19,705 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 $5,452,000
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 $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
$600,000 for the 2011 fiscal year;
(iii) A maximum of $403,000 may be expended for school district
emergencies; and
(iv) A maximum of $485,000 for fiscal year 2010 and $436,000 for
fiscal year 2011 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.
(14) (($2,500,000)) $15,500,000 of the general fund--state
appropriation for fiscal year 2011 is provided solely for the
superintendent for financial contingency funds for eligible school
districts. Of the amount provided in this subsection, $2,500,000 is
for school districts needing financial assistance as a result of budget
reductions included in this act. Of the amount provided in this
subsection, $13,000,000 is for school districts needing financial
assistance as a result of delaying a portion of the June apportionment
payment. The financial contingency funds shall be allocated to
eligible districts in the form of an advance of their respective
general apportionment allocations.
(a) Eligibility:
The superintendent shall determine a district's eligibility for
receipt of financial contingency funds, and districts shall be eligible
only if the following conditions are met:
(i) A petition is submitted by the school district as provided in
RCW 28A.510.250 and WAC 392-121-436; and
(ii) The district's projected general fund balance for the month of
March is less than one-half of one percent of its budgeted general fund
expenditures as submitted to the superintendent for the 2010-11 school
year on the F-196 report.
(b) Calculations:
The superintendent shall calculate the financial contingency
allocation to each district as the lesser of:
(i) The amount set forth in the school district's resolution;
(ii) An amount not to exceed 10 percent of the total amount to
become due and apportionable to the district from September 1st through
August 31st of the current school year;
(iii) The highest negative monthly cash and investment balance of
the general fund between the date of the resolution and May 31st of the
school year based on projections approved by the county treasurer and
the educational service district.
(c) Repayment:
For any amount allocated to a district in state fiscal year 2011,
the superintendent shall deduct in state fiscal year 2012 from the
district's general apportionment the amount of the emergency
contingency allocation and any earnings by the school district on the
investment of a temporary cash surplus due to the emergency contingency
allocation. Repayments or advances will be accomplished by a reduction
in the school district's apportionment payments on or before June 30th
of the school year following the distribution of the emergency
contingency allocation. All disbursements, repayments, and outstanding
allocations to be repaid of the emergency contingency pool shall be
reported to the office of financial management and the appropriate
fiscal committees of the legislature on July 1st and January 1st of
each year.
Sec. 1403 2010 1st sp.s. c 37 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) . . . . . . . . . . . . ($4,414,000)
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . ((($1,806,000)))
($1,539,000)
General Fund--Federal Appropriation . . . . . . . . . . . . ($1,000)
TOTAL APPROPRIATION . . . . . . . . . . . . ((($6,221,000)))
($5,954,000)
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 13.09 percent for the 2009-10 school year and
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) | $0.79 | $2.22 | ||
| Transitional Bilingual Education (per eligible bilingual student) | $2.11 | $5.83 | ||
| Learning Assistance (per formula student) | $0.54 | $1.49 | ||
Sec. 1404 2011 c 5 s 503 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR PUPIL TRANSPORTATION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $317,116,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($296,408,000))
$297,393,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($613,524,000))
$614,509,000
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 $803,000 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 $48.37 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. 1405 2011 c 5 s 504 (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) . . . . . . . . . . . . $7,111,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($448,588,000))
$505,188,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($458,858,000))
$515,458,000
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 is provided for state matching money for federal child
nutrition programs.
(2) $100,000 of the general fund -- state appropriation for fiscal
year 2010 is provided for summer food programs for children in low-income areas.
(3) $59,000 of the general fund -- state appropriation for fiscal
year 2010 is 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) $7,111,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for state matching money for federal child
nutrition programs, and may support the meals for kids program through
the following allowable uses:
(a) Elimination of breakfast copays for eligible public school
students and lunch copays for eligible public school students in grades
kindergarten through third grade who are eligible for reduced price
lunch;
(b) Assistance to school districts and authorized public and
private nonprofit organizations for supporting summer food service
programs, and initiating new summer food service programs in low-income
areas; and
(c) Reimbursements to school districts for school breakfasts served
to students eligible for free and reduced price lunch, pursuant to
chapter 287, Laws of 2005.
Sec. 1406 2011 c 5 s 505 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR SPECIAL EDUCATION
PROGRAMS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $632,136,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($626,099,000))
$627,316,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($664,601,000))
$675,618,000
Education Legacy Trust Account--State
Appropriation . . . . . . . . . . . . $756,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,923,592,000))
$1,935,826,000
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, $19,512,000 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) Beginning with the 2010-11 school year award cycle, the office
of the superintendent of public instruction shall make award
determinations for state safety net funding in August of each school
year. Determinations on school district eligibility for state safety
net awards shall be based on analysis of actual expenditure data from
the current school year.
(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) $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.
Sec. 1407 2010 1st sp.s. c 37 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) . . . . . . . . . . . . $93,141,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($286,911,000))
$285,980,000
General Fund--Federal Appropriation . . . . . . . . . . . . $157,043,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($537,095,000))
$536,164,000
The appropriations in this section are subject to the following
conditions and limitations:
(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. 1408 2010 1st sp.s. c 37 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) . . . . . . . . . . . . $18,059,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($19,006,000))
$20,063,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($37,065,000))
$38,122,000
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) $228,000 of the general fund -- state appropriation for fiscal
year 2010 and (($228,000)) $509,000 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. 1409 2011 c 5 s 507 (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) . . . . . . . . . . . . $9,189,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($9,162,000))
$9,137,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($18,351,000))
$18,326,000
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. For the 2009-10 and 2010-11
school years, 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 $81,000 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 $153,000 of
the fiscal year 2011 appropriation are provided for the centrum program
at Fort Worden state park.
Sec. 1410 2011 c 5 s 508 (uncodified) is amended to read as
follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- EDUCATION REFORM
PROGRAMS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $93,642,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($85,691,000))
$83,257,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($154,627,000))
$245,841,000
Education Legacy Trust Account--State
Appropriation . . . . . . . . . . . . (($98,981,000))
$98,610,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($432,941,000))
$521,350,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $35,804,000 of the general fund -- state appropriation for fiscal
year 2010, $31,850,000 of the general fund -- state appropriation for
fiscal year 2011, $1,350,000 of the education legacy trust
account--state appropriation, and $17,869,000 of the general
fund--federal appropriation are provided solely for development and
implementation of the Washington 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;
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 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.
(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.
(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.
(7) $1,740,000 of the general fund--state appropriation for fiscal
year 2010 ((and $1,775,000 of the general fund--state appropriation for
fiscal year 2011 are)) is 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. Beginning in school
year 2010-11, middle and junior high vocational programs will be funded
out of general apportionment.
(8) $139,000 of the general fund--state appropriation for fiscal
year 2010 and $93,000 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.
(9) $1,473,000 of the general fund--state appropriation for fiscal
year 2010 and $197,000 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.
(10) (($88,981,000)) $88,610,000 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.
(11) $700,000 of the general fund--state appropriation for fiscal
year 2010 and $450,000 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.
(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.
(13) $1,960,000 of the general fund--state appropriation for fiscal
year 2010 and $761,000 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 shall be used for focused assistance programs for individual
schools 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.
(14) $1,667,000 of the general fund--state appropriation for fiscal
year 2010 is 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 is 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) $1,003,000 of the general fund -- state appropriation for fiscal
year 2010 and $528,000 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) $3,269,000 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) $1,861,000 of the general fund -- state appropriation for fiscal
year 2010 and $1,836,000 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 $150,000 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) $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) $28,715,000 of the general fund--state appropriation for
fiscal year 2010 and (($36,168,000)) $35,509,000 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;
(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; and
(v) To the extent necessary, the superintendent may use revenues
from the repayment of conditional loan scholarships to ensure payment
of all national board bonus payments required by this section in each
school year.
(b) Included in the amounts provided in this subsection are amounts
for mandatory fringe benefits.
(22) $2,475,000 of the general fund--state appropriation for fiscal
year 2010 and $456,000 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) $75,000 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 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.
(25) $2,348,000 of the general fund--state appropriation for fiscal
year 2010 and $1,000,000 of the general fund--state appropriation for
fiscal year 2011 are 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.
(26) $390,000 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.
(27) Funding within this section is provided for implementation of
Engrossed Substitute Senate Bill No. 5414 (statewide assessments and
curricula).
(28) $530,000 of the general fund--state appropriation for fiscal
year 2010 and $265,000 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. 1411 2010 1st sp.s. c 37 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) . . . . . . . . . . . . $76,419,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($77,672,000))
$79,912,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $65,263,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($219,354,000))
$221,594,000
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. 1412 2010 1st sp.s. c 37 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) . . . . . . . . . . . . $103,865,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($110,312,000))
$114,240,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($553,925,000))
$580,425,000
Education Legacy Trust Account--State Appropriation . . . . . . . . . . . . $47,980,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($816,082,000))
$846,510,000
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 $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.
(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.
(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.
(6) Within amounts appropriated in this section, funding is
provided for the implementation of extended learning programs required
in chapter 328, Laws of 2008.
Sec. 1413 2010 1st sp.s. c 37 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) . . . . . . . . . . . . (($25,730,000))
$25,417,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $200,295,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($226,044,000))
$225,731,000
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 $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. 1414 2010 1st sp.s. c 37 s 517 (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)) 2011,
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)) 2011 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. 1501 2011 c 5 s 607 (uncodified) is amended to read as
follows:
FOR THE STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $631,804,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($603,296,000))
$603,878,000
General Fund--Federal Appropriation . . . . . . . . . . . . $17,171,000
Education Legacy Trust Account -- State Appropriation . . . . . . . . . . . . $95,035,000
Opportunity Express Account--State Appropriation . . . . . . . . . . . . $18,556,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,365,862,000))
$1,366,444,000
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, $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 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).
(16) Appropriations in section 609 of this act reflect reductions
to the state need grant. The state board for community and technical
colleges shall use locally held funds to provide a commensurate amount
of aid to eligible students who would have received state need grant
payments through the appropriations in section 609 of this act.
By September 1, 2011, the state board for community and technical
colleges shall report to the appropriate legislative fiscal and policy
committees regarding the implementation of this section. The report
shall provide detail on the number of students provided aid under this
subsection and the amount of aid provided to each student.
Sec. 1502 2011 c 5 s 608 (uncodified) is amended to read as
follows:
FOR THE HIGHER EDUCATION COORDINATING BOARD -- POLICY COORDINATION AND
ADMINISTRATION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $6,402,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($5,183,000))
$5,339,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $4,332,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($15,917,000))
$16,073,000
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) $167,000 of the general fund--state appropriation for fiscal
year 2010 and $67,000 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) $350,000 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 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. 1503 2011 c 5 s 609 (uncodified) is amended to read as
follows:
FOR THE HIGHER EDUCATION COORDINATING BOARD -- FINANCIAL AID AND GRANT
PROGRAMS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $188,332,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($96,833,000))
$182,683,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $13,129,000
Education Legacy Trust Account -- State
Appropriation . . . . . . . . . . . . (($116,060,000))
$30,210,000
Opportunity Pathways Account--State Appropriation . . . . . . . . . . . . $73,500,000
TOTAL APPROPRIATION . . . . . . . . . . . . $487,854,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $178,726,000 of the general fund--state appropriation for
fiscal year 2010, $95,187,000 of the general fund--state appropriation
for fiscal year 2011, $109,188,000 of the education legacy trust
account appropriation, $73,500,000 of the opportunity pathways
appropriation, and $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 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) 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 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) $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 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.
(13) Fiscal year 2011 appropriations in this section reflect
general fund-state reductions to the state need grant. In implementing
these reductions, the board shall reduce state need grant payments to
each of the following institutions in the following amounts:
University of Washington . . . . . . . . . . . . $5,658,000
Washington State University . . . . . . . . . . . . $3,718,000
Eastern Washington University . . . . . . . . . . . . $765,000
Central Washington University . . . . . . . . . . . . $705,000
The Evergreen State College . . . . . . . . . . . . $386,000
Western Washington University . . . . . . . . . . . . $1,010,000
State Board for Community and Technical Colleges . . . . . . . . . . . . $13,143,000
If any of these institutions has received state need grant payments
in excess of the amount to which it is entitled after application of
the reductions in this section, that institution shall remit to the
board the amount of the overpayment.
Sec. 1504 2010 1st sp.s. c 37 s 612 (uncodified) is amended to
read as follows:
FOR THE WORK FORCE TRAINING AND EDUCATION COORDINATING BOARD
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,465,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,444,000))
$1,358,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($54,020,000))
$54,022,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($56,929,000))
$56,845,000
The appropriations in this section are subject to the following
conditions and limitations:
(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. 1505 2011 c 5 s 612 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF EARLY LEARNING
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $60,400,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($19,335,000))
$19,302,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $266,004,000
Opportunity Pathways Account--State Appropriation . . . . . . . . . . . . $40,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($385,739,000))
$385,706,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $54,878,000 of the general fund--state appropriation for fiscal
year 2010 and $14,405,000 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, $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 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.
(15) In accordance with RCW 43.135.055, the department of early
learning is authorized to adopt and increase the fees set forth in and
previously authorized in section 3, chapter 231, Laws of 2010.
(16) As of January 31, 2011, the department may not adopt, enforce,
or implement any rules or policies restricting the eligibility of
consumers for child care subsidy benefits to a countable income level
below one hundred seventy-five percent of the federal poverty
guidelines.
Sec. 1506 2011 c 5 s 613 (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) . . . . . . . . . . . . (($5,509,000))
$5,506,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,942,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($13,353,000))
$13,350,000
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. 1507 2011 c 5 s 614 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE CENTER FOR CHILDHOOD DEAFNESS AND HEARING
LOSS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $8,593,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($8,230,000))
$8,226,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $526,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($17,349,000))
$17,345,000
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. 1508 2011 c 5 s 615 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE ARTS COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,844,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,230,000))
$1,228,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,944,000))
$2,107,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,052,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($6,070,000))
$6,231,000
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. 1509 2011 c 5 s 616 (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) . . . . . . . . . . . . (($2,381,000))
$2,379,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,973,000))
$4,971,000
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. 1510 2011 c 5 s 617 (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) . . . . . . . . . . . . (($1,490,000))
$1,489,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,102,000))
$3,101,000
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. 1601 2010 1st sp.s. c 37 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) . . . . . . . . . . . . $842,590,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($894,284,000))
$878,400,000
State Building Construction Account -- State
Appropriation . . . . . . . . . . . . $11,707,000
Columbia River Basin Water Supply Development Account --
State Appropriation . . . . . . . . . . . . $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 . . . . . . . . . . . . $2,612,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,752,717,000))
$1,736,833,000
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. 1602 2010 1st sp.s. c 37 s 702 (uncodified) is amended to
read as follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING
BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO
BE REIMBURSED AS PRESCRIBED BY STATUTE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $26,436,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($27,773,000))
$27,709,000
School Construction and Skill Centers Building
Account -- State Appropriation . . . . . . . . . . . . $477,000
Nondebt-Limit Reimbursable Bond Retirement Account --
State Appropriation . . . . . . . . . . . . (($140,872,000))
$135,872,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($195,558,000))
$190,494,000
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. 1603 2010 1st sp.s. c 37 s 703 (uncodified) is amended to
read as follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING
BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES
General Fund -- State Appropriation (FY 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 . . . . . . . . . . . . (($9,000))
$13,000
Hood Canal Aquatic Rehabilitation Bond Account --
State Appropriation . . . . . . . . . . . . $1,000
State Taxable Building Construction Account -- State
Appropriation . . . . . . . . . . . . (($72,000))
$131,000
Gardner-Evans Higher Education Construction
Account -- State Appropriation . . . . . . . . . . . . $18,000
School Construction and Skill Centers Building
Account -- State Appropriation . . . . . . . . . . . . (($30,000))
$51,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,117,000))
$4,201,000
Sec. 1604 2010 1st sp.s. c 37 s 709 (uncodified) is amended to
read as follows:
FOR SUNDRY CLAIMS. The following sums, or so much thereof as may
be necessary, are appropriated from the general fund, unless otherwise
indicated, for relief of various individuals, firms, and corporations
for sundry claims. These appropriations are to be disbursed on
vouchers approved by the director of 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
(t) Dylan Friesz, claim number 99970030 . . . . . . . . . . . . $10,200
(u) Kevin L. Lund, claim number 99970031 . . . . . . . . . . . . $11,402
(v) Rodney C. Price, claim number 99970033 . . . . . . . . . . . . $11,250
(w) Matthew S. Lovacs, claim number 99970034 . . . . . . . . . . . . $25,700
(x) Christopher A. Peeler, claim number 99970035 . . . . . . . . . . . . $47,923
(y) Dwayne Myatt-Perez, claim number 99970036 . . . . . . . . . . . . $70,000
(z) Roland L. Savage, claim number 99970037 . . . . . . . . . . . . $48,752
(aa) Horace G. Graham, claim number 99970038 . . . . . . . . . . . . $7,674
(bb) Kenneth L. Werner, claim number 99900039 . . . . . . . . . . . . $33,162
(cc) Mark A. Peterson, claim number 99970040 . . . . . . . . . . . . $61,940
(dd) Phillip C. Sly, claim number 99970042 . . . . . . . . . . . . $3,349
(ee) Sandra Colebourn, claim number 99970043 . . . . . . . . . . . . $10,615
(ff) Joseph B. Wiggins, claim number 99970044 . . . . . . . . . . . . $3,500
(2) Payment of death benefit, pursuant to RCW 41.04.017: Estate of
Erik Anderson, claim number 99970014 . . . . . . . . . . . . $150,000
Sec. 1605 2010 1st sp.s. c 37 s 710 (uncodified) is amended 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.
Sec. 1606 2011 c 5 s 703 (uncodified) is amended 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 (($24,841,000)) $16,209,000
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 office of financial management may use
savings or existing fund balances from information technology accounts
to achieve savings 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.
Sec. 1607 2009 c 564 s 719 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--O'BRIEN BUILDING IMPROVEMENT
General Fund--State Appropriation (FY 2010) . . . . . . . . . . . . $1,435,000
General Fund--State Appropriation (FY 2011) . . . . . . . . . . . . (($1,435,000))
$1,884,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,870,000))
$3,319,000
The appropriations in this section are subject to the following
conditions and limitations: The appropriations are provided solely for
expenditure into the general administration services account for
payment of principal, interest, and financing expenses associated with
the certificate of participation for the O'Brien building improvement,
project number 20081007.
NEW SECTION. Sec. 1608 A new section is added to 2009 c 564
(uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--WASHINGTON COMMUNITY
TECHNOLOGY OPPORTUNITY ACCOUNT
General Fund--State Appropriation (FY 2011) . . . . . . . . . . . . $213,000
The appropriation in this section is subject to the following
conditions and limitations: The appropriation in this section is
provided solely for expenditure into the Washington community
technology opportunity account.
Sec. 1701 2010 1st sp.s. c 37 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 . . . . . . . . . . . . (($7,572,000))
$7,888,000
General Fund Appropriation for public utility
district excise tax distributions . . . . . . . . . . . . (($47,342,000))
$45,125,000
General Fund Appropriation for prosecuting
attorney distributions . . . . . . . . . . . . (($6,281,000))
$5,804,000
General Fund Appropriation for boating safety
and education distributions . . . . . . . . . . . . (($4,854,000))
$3,954,000
General Fund Appropriation for other tax
distributions . . . . . . . . . . . . (($50,000))
$55,000
General Fund Appropriation for habitat conservation
program distributions . . . . . . . . . . . . (($3,000,000))
$2,642,000
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 . . . . . . . . . . . . (($36,651,000))
$31,519,000
County Criminal Justice Assistance Appropriation . . . . . . . . . . . . (($68,528,000))
$66,216,000
Municipal Criminal Justice Assistance
Appropriation . . . . . . . . . . . . (($27,175,000))
$25,510,000
City-County Assistance Account Appropriation for local
government financial assistance distribution . . . . . . . . . . . . (($27,366,000))
$23,845,000
Liquor Excise Tax Account Appropriation for liquor
excise tax distribution . . . . . . . . . . . . (($58,268,000))
$58,822,000
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 . . . . . . . . . . . . (($50,056,000))
$51,535,000
Columbia River Water Delivery Account Appropriation
for the Confederated Tribes of the Colville
Reservation . . . . . . . . . . . . (($7,315,000))
$7,257,000
Columbia River Water Delivery Account Appropriation
for the Spokane Tribe of Indians . . . . . . . . . . . . (($4,644,000))
$4,704,000
Liquor Revolving Account Appropriation for liquor
profits distribution . . . . . . . . . . . . (($68,741,000))
$64,670,000
Liquor Revolving Account Appropriation for additional
liquor profits distribution to local governments . . . . . . . . . . . . $18,677,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($439,234,000))
$420,937,000
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.
Sec. 1702 2009 c 564 s 802 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- FOR THE COUNTY CRIMINAL JUSTICE ASSISTANCE
ACCOUNT
Impaired Driver Safety Account Appropriation . . . . . . . . . . . . (($2,351,000))
$2,467,000
The appropriation in this section is subject to the following
conditions and limitations: The amount appropriated in this section
shall be distributed quarterly during the 2009-11 biennium in
accordance with RCW 82.14.310. This funding is provided to counties
for the costs of implementing criminal justice legislation including,
but not limited to: Chapter 206, Laws of 1998 (drunk driving
penalties); chapter 207, Laws of 1998 (DUI penalties); chapter 208,
Laws of 1998 (deferred prosecution); chapter 209, Laws of 1998
(DUI/license suspension); chapter 210, Laws of 1998 (ignition interlock
violations); chapter 211, Laws of 1998 (DUI penalties); chapter 212,
Laws of 1998 (DUI penalties); chapter 213, Laws of 1998 (intoxication
levels lowered); chapter 214, Laws of 1998 (DUI penalties); and chapter
215, Laws of 1998 (DUI provisions).
Sec. 1703 2009 c 564 s 803 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- FOR THE MUNICIPAL CRIMINAL JUSTICE ASSISTANCE
ACCOUNT
Impaired Driver Safety Account Appropriation . . . . . . . . . . . . (($1,543,000))
$1,645,000
The appropriation in this section is subject to the following
conditions and limitations: The amount appropriated in this section
shall be distributed quarterly during the 2009-11 biennium to all
cities ratably based on population as last determined by the office of
financial management. The distributions to any city that substantially
decriminalizes or repeals its criminal code after July 1, 1990, and
that does not reimburse the county for costs associated with criminal
cases under RCW 3.50.800 or 3.50.805(2), shall be made to the county in
which the city is located. This funding is provided to cities for the
costs of implementing criminal justice legislation including, but not
limited to: Chapter 206, Laws of 1998 (drunk driving penalties);
chapter 207, Laws of 1998 (DUI penalties); chapter 208, Laws of 1998
(deferred prosecution); chapter 209, Laws of 1998 (DUI/license
suspension); chapter 210, Laws of 1998 (ignition interlock violations);
chapter 211, Laws of 1998 (DUI penalties); chapter 212, Laws of 1998
(DUI penalties); chapter 213, Laws of 1998 (intoxication levels
lowered); chapter 214, Laws of 1998 (DUI penalties); and chapter 215,
Laws of 1998 (DUI provisions).
NEW SECTION. Sec. 1704 2010 1st sp.s. c 37 s 802 (uncodified) is
repealed.
Sec. 1705 2011 c 5 s 801 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- TRANSFERS
State Treasurer's Service Account: For transfer to the
state general fund, $16,400,000 for fiscal year
2010 and $29,400,000 for fiscal year 2011 . . . . . . . . . . . . $45,800,000
Waste Reduction, Recycling and Litter Control Account:
For transfer to the state general fund, $3,000,000
for fiscal year 2010 and $3,000,000 for fiscal year
2011 . . . . . . . . . . . . $6,000,000
State Toxics Control Account: For transfer to the
state general fund, $15,340,000 for fiscal year
2010 and $37,780,000 for fiscal year 2011 . . . . . . . . . . . . $53,120,000
Local Toxics Control Account: For transfer to the
state general fund, $37,060,000 for fiscal year
2010 and $65,759,000 for fiscal year 2011 . . . . . . . . . . . . $102,819,000
Education Construction Account: For transfer to the
state general fund, $105,228,000 for fiscal year
2010 and $106,451,000 for fiscal year 2011 . . . . . . . . . . . . $211,679,000
Aquatics Lands Enhancement Account: For transfer to
the state general fund, $8,520,000 for fiscal
year 2010 and $12,550,000 for fiscal year 2011 . . . . . . . . . . . . $21,070,000
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 $3,900,000 for fiscal year
2011 . . . . . . . . . . . . $6,400,000
Tobacco Settlement Account: For transfer to the state
general fund, in an amount not to exceed by more
than $26,000,000 the actual amount of the annual
payment to the tobacco settlement account . . . . . . . . . . . . $204,098,000
Tobacco Settlement Account: For transfer to the life
sciences discovery fund, in an amount not to exceed
$26,000,000 less than the actual amount of the
strategic contribution supplemental payment to
the tobacco settlement account . . . . . . . . . . . . $39,170,000
General Fund: For transfer to the streamline sales and
use tax account, $24,274,000 for fiscal year 2010
and (($24,182,000)) $25,803,000 for fiscal
year 2011 . . . . . . . . . . . . (($48,456,000))
$50,077,000
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))
$1,000,000
Tobacco Prevention and Control Account: For transfer
to the state general fund, $1,961,000 for fiscal
year 2010 and $3,000,000 for fiscal year 2011 . . . . . . . . . . . . $4,961,000
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, $3,250,000 for fiscal
year 2010 and $3,250,000 for fiscal year 2011 . . . . . . . . . . . . $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 . . . . . . . . . . . . $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
$4,450,000 for fiscal year 2011 . . . . . . . . . . . . $10,000,000
Energy Freedom Account: For transfer to the state
general fund, $4,038,000 for fiscal year 2010 and
$2,978,000 for fiscal year 2011 . . . . . . . . . . . . $7,016,000
Thurston County Capital Facilities Account: For
transfer to the state general fund, $8,604,000
for fiscal year 2010 and $5,156,000 for fiscal
year 2011 . . . . . . . . . . . . $13,760,000
Public Works Assistance Account: For transfer to the
state general fund, $279,640,000 for fiscal year
2010 and $229,560,000 for fiscal
year 2011 . . . . . . . . . . . . $509,200,000
Budget Stabilization Account: For transfer to the
state general fund for fiscal year 2010 . . . . . . . . . . . . $45,130,000
Liquor Revolving Account: For transfer to the state
general fund, $31,000,000 for fiscal year 2010 and
$31,000,000 for fiscal year 2011 . . . . . . . . . . . . $62,000,000
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, $6,930,000
for fiscal year 2010 ((and $4,000,000 for fiscal)) . . . . . . . . . . . . ((
year 2011$10,930,000))
$6,930,000
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 and $1,957,000 for fiscal year 2011 . . . . . . . . . . . . $5,957,000
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 and $2,966,000 for fiscal year
2011 . . . . . . . . . . . . $8,966,000
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 and $1,008,000 for fiscal year
2011 . . . . . . . . . . . . $3,008,000
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 $7,000,000 for fiscal year 2011 . . . . . . . . . . . . $9,000,000
Data Processing Revolving Fund: For transfer to
the state general fund, $5,632,000 for fiscal
year 2010 and $4,159,000 for fiscal year 2011 . . . . . . . . . . . . $9,791,000
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 $7,000,000
for fiscal year 2011 . . . . . . . . . . . . $17,000,000
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 and $32,075,000 for fiscal year
2011 . . . . . . . . . . . . $42,192,000
Education Savings Account: For transfer to the
state general fund, $90,690,000
for fiscal year 2010 and $53,384,000 for fiscal
year 2011 . . . . . . . . . . . . $144,074,000
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
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
Nisqually Earthquake Account: For transfer to the
state general fund for fiscal year 2011 . . . . . . . . . . . . $696,000
Disaster Response Account: For transfer to the state
general fund for fiscal year 2011 . . . . . . . . . . . . $14,500,000
Washington Auto Theft Prevention Account: For
transfer to the state general fund, $1,500,000
for fiscal year 2011 . . . . . . . . . . . . $1,500,000
Tourism Enterprise Account: For transfer to the
state general fund, $590,000 for fiscal year
2011 . . . . . . . . . . . . $590,000
Tourism Development and Promotion Account: For
transfer to the state general fund, $205,000
for fiscal year 2011 . . . . . . . . . . . . $205,000
Life Sciences Discovery Fund: For transfer to
the basic health plan stabilization account . . . . . . . . . . . . $6,000,000
Life Sciences Discovery Fund: For transfer to
the state general fund for fiscal year 2011 . . . . . . . . . . . . $2,200,000
Industrial Insurance Premium Refund Account: For
transfer to the state general fund, $4,500,000
for fiscal year 2011 . . . . . . . . . . . . $4,500,000
Distressed County Assistance Account: For transfer
to the state general fund, $205,000 for
fiscal year 2011 . . . . . . . . . . . . $ 205,000
State Drought Preparedness Account: For transfer to
the state general fund, $4,000,000 for fiscal
year 2011 . . . . . . . . . . . . $4,000,000
Freshwater Aquatic Algae Control Account: For
transfer to the state general fund, $400,000 for
fiscal year 2011 . . . . . . . . . . . . $400,000
Freshwater Aquatic Weeds Account: For transfer to
the state general fund, $300,000 for fiscal
year 2011 . . . . . . . . . . . . $300,000
Liquor Control Board Construction and Maintenance
Account: For transfer to the state general fund
for fiscal year 2011 . . . . . . . . . . . . $3,000,000
NEW SECTION. Sec. 1801 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. 1802 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, except for section 951 of this act which takes effect June
30, 2011.
Correct the title.