BILL REQ. #: Z-0457.1
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/11/11. Referred to Committee on Ways & Means.
AN ACT Relating to fiscal matters; amending RCW 15.76.115, 28A.600.110, 28A.600.150, 28B.76.660, 28B.102.040, 28B.102.050, 28B.15.068, 28B.115.080, 28B.117.030, 28B.117.040, 28C.04.535, 38.52.540, 41.26.802, 41.50.110, 41.56.028, 41.56.029, 41.80.010, 41.80.020, 43.08.190, 43.09.412, 43.09.475, 43.19.501, 43.79.201, 43.76.465, 43.105.052, 43.135.045, 43.185C.060, 66.08.170, 66.08.235, 67.70.260, 70.93.180, 70.105D.070, 70.105D.130, 74.39A.300, 79.64.040, 79.105.150, and 86.26.007; reenacting and amending RCW 43.155.050 and 43.330.250; creating new sections; making appropriations; providing an effective date; providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) A budget is hereby adopted and, subject
to the provisions set forth in the following sections, the several
amounts specified in 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) . . . . . . . . . . . . $32,671,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $32,946,000
TOTAL APPROPRIATION . . . . . . . . . . . . $65,617,000
NEW SECTION. Sec. 102 FOR THE SENATE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $24,030,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $26,191,000
TOTAL APPROPRIATION . . . . . . . . . . . . $50,221,000
NEW SECTION. Sec. 103 FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW
COMMITTEE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $2,939,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $2,997,000
TOTAL APPROPRIATION . . . . . . . . . . . . $5,936,000
NEW SECTION. Sec. 104 THE LEGISLATIVE EVALUATION AND
ACCOUNTABILITY PROGRAM COMMITTEE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,786,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,961,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,747,000
NEW SECTION. Sec. 105 FOR THE OFFICE OF THE STATE ACTUARY
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $25,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $25,000
Department of Retirement Systems Expense
Account -- State Appropriation . . . . . . . . . . . . $3,324,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,374,000
NEW SECTION. Sec. 106 FOR THE JOINT LEGISLATIVE SYSTEMS
COMMITTEE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $8,657,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $8,548,000
TOTAL APPROPRIATION . . . . . . . . . . . . $17,205,000
NEW SECTION. Sec. 107 FOR THE STATUTE LAW COMMITTEE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $4,620,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $5,067,000
TOTAL APPROPRIATION . . . . . . . . . . . . $9,687,000
NEW SECTION. Sec. 108 FOR THE REDISTRICTING COMMISSION
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,184,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $154,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,338,000
NEW SECTION. Sec. 109 FOR THE SUPREME COURT
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $7,231,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $7,300,000
TOTAL APPROPRIATION . . . . . . . . . . . . $14,531,000
NEW SECTION. Sec. 110 FOR THE LAW LIBRARY
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,706,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,699,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,405,000
NEW SECTION. Sec. 111 FOR THE COURT OF APPEALS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $16,572,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $16,784,000
TOTAL APPROPRIATION . . . . . . . . . . . . $33,356,000
NEW SECTION. Sec. 112 FOR THE COMMISSION ON JUDICIAL CONDUCT
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,134,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,062,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,196,000
NEW SECTION. Sec. 113 FOR THE ADMINISTRATOR FOR THE COURTS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $57,533,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $59,191,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,551,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $257,000
Judicial Information Systems Account -- State
Appropriation . . . . . . . . . . . . $37,875,000
TOTAL APPROPRIATION . . . . . . . . . . . . $156,407,000
NEW SECTION. Sec. 114 FOR THE OFFICE OF PUBLIC DEFENSE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $26,728,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $26,663,000
TOTAL APPROPRIATION . . . . . . . . . . . . $53,391,000
The appropriations in this section are subject to the following
conditions and limitations: The amounts provided include funding for
expert and investigative services in death penalty personal restraint
petitions.
NEW SECTION. Sec. 115 FOR THE OFFICE OF CIVIL LEGAL AID
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $11,919,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $12,149,000
TOTAL APPROPRIATION . . . . . . . . . . . . $24,068,000
NEW SECTION. Sec. 116 FOR THE OFFICE OF THE GOVERNOR
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $5,471,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $5,447,000
Economic Development Strategic Reserve Account -- State
Appropriation . . . . . . . . . . . . $1,500,000
TOTAL APPROPRIATION . . . . . . . . . . . . $12,418,000
NEW SECTION. Sec. 117 FOR THE LIEUTENANT GOVERNOR
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $512,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $522,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $90,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,124,000
NEW SECTION. Sec. 118 FOR THE PUBLIC DISCLOSURE COMMISSION
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $2,087,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $2,061,000
TOTAL APPROPRIATION . . . . . . . . . . . . $4,148,000
NEW SECTION. Sec. 119 FOR THE SECRETARY OF STATE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $18,507,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $15,925,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $7,393,000
Archives and Records Management Account -- State
Appropriation . . . . . . . . . . . . $8,007,000
Charitable Organization Education Account -- State
Appropriation . . . . . . . . . . . . $452,000
Department of Personnel Service Account -- State
Appropriation . . . . . . . . . . . . $773,000
Local Government Archives Account -- State
Appropriation . . . . . . . . . . . . $8,657,000
Election Account -- Federal Appropriation . . . . . . . . . . . . $17,318,000
TOTAL APPROPRIATION . . . . . . . . . . . . $77,032,000
The appropriations in this section are subject to the following
conditions and limitations:
(1)(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.
(2) No portion of any amounts disbursed pursuant to subsection (1)
of this section may be used, directly or indirectly, for any of the
following purposes:
(a) 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;
(b) Making contributions reportable under chapter 42.17 RCW; or
(c) Providing any: (i) Gift; (ii) honoraria; or (iii) travel,
lodging, meals, or entertainment to a public officer or employee.
NEW SECTION. Sec. 120 FOR THE GOVERNOR'S OFFICE OF INDIAN
AFFAIRS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $245,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $252,000
TOTAL APPROPRIATION . . . . . . . . . . . . $497,000
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 STATE TREASURER
State Treasurer's Service Account -- State
Appropriation . . . . . . . . . . . . $15,194,000
NEW SECTION. Sec. 122 FOR THE CITIZENS' COMMISSION ON SALARIES
FOR ELECTED OFFICIALS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $158,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $196,000
TOTAL APPROPRIATION . . . . . . . . . . . . $354,000
NEW SECTION. Sec. 123 FOR THE ATTORNEY GENERAL
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $4,912,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $4,876,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $4,722,000
New Motor Vehicle Arbitration Account -- State
Appropriation . . . . . . . . . . . . $989,000
Legal Services Revolving Account -- State
Appropriation . . . . . . . . . . . . $204,168,000
Tobacco Prevention and Control Account -- State
Appropriation . . . . . . . . . . . . $270,000
TOTAL APPROPRIATION . . . . . . . . . . . . $219,937,000
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 develop a set of best management
practices regarding the use of the staff of the office of the attorney
general by state agency clients. In coordination with these clients,
the attorney general will develop criteria for the use of legal
services, with the goal of eliminating unnecessary use of legal
services by state agencies. These efforts shall include actions to
make billing more transparent, including per-hour estimates of legal
service costs.
NEW SECTION. Sec. 124 FOR THE DEPARTMENT OF COMMERCE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $35,155,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $35,895,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $269,652,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $6,036,000
Public Works Assistance Account -- State Appropriation . . . . . . . . . . . . $2,975,000
County Research Services Account -- State Appropriation . . . . . . . . . . . . $1,248,000
Drinking Water Assistance Administrative Account -- State
Appropriation . . . . . . . . . . . . $437,000
City and Town Research Services -- State Appropriation . . . . . . . . . . . . $5,340,000
Lead Paint Account -- State Appropriation . . . . . . . . . . . . $65,000
Building Code Council Account -- State Appropriation . . . . . . . . . . . . $4,000
Home Security Fund Account -- State Appropriation . . . . . . . . . . . . $17,398,000
Affordable Housing for All Account -- State
Appropriation . . . . . . . . . . . . $11,898,000
Financial Fraud and Identity Theft Crimes Investigation
and Prosecution Account -- State Appropriation . . . . . . . . . . . . $1,166,000
Low-Income Weatherization and Structural Rehab.
Assistance Account -- State Appropriation . . . . . . . . . . . . $5,772,000
Washington Community Technology Opportunity Account
Appropriation . . . . . . . . . . . . $1,000,000
Manufacturing Innovation and Modernization Account --
State Appropriation . . . . . . . . . . . . $61,000
Community and Economic Development Fee Account --
State Appropriation . . . . . . . . . . . . $8,611,000
Washington Housing Trust Account -- State
Appropriation . . . . . . . . . . . . $15,345,000
Prostitution Prevention and Intervention Account --
State Appropriation . . . . . . . . . . . . $94,000
Public Facility Construction Loan Revolving Account --
State Appropriation . . . . . . . . . . . . $753,000
Washington Auto Theft Prevention Authority Account--
State Appropriation . . . . . . . . . . . . $194,000
TOTAL APPROPRIATION . . . . . . . . . . . . $419,099,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $2,229,000 of the general fund -- state appropriation for fiscal
year 2012 and $2,228,000 of the general fund -- state appropriation for
fiscal year 2013 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) $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.
(4) During the 2011-2013 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.
NEW SECTION. Sec. 125 FOR THE OFFICE OF THE FORECAST COUNCILS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,358,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,410,000
Lottery Administrative Account--State Appropriation . . . . . . . . . . . . $50,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,818,000
The appropriations in this section are subject to the following
conditions and limitations: $50,000 of the lottery administrative
account--state appropriation is provided solely for the office of the
forecast councils to conduct an independent forecast of total net
revenue from the state lottery in its quarterly revenue forecasts.
NEW SECTION. Sec. 126 FOR THE OFFICE OF FINANCIAL MANAGEMENT
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $19,413,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $19,297,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $31,562,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,270,000
Economic Development Strategic Reserve Account --
State Appropriation . . . . . . . . . . . . $285,000
Department of Personnel Service Account Appropriation . . . . . . . . . . . . $9,069,000
Data Processing Revolving Account Appropriation . . . . . . . . . . . . $5,208,000
Higher Education Personnel Services Account Appropriation . . . . . . . . . . . . $1,613,000
Performance Audits of Government Account -- State
Appropriation . . . . . . . . . . . . $25,000
TOTAL APPROPRIATION . . . . . . . . . . . . $87,742,000
NEW SECTION. Sec. 127 FOR THE OFFICE OF ADMINISTRATIVE HEARINGS
Administrative Hearings Revolving Account -- State
Appropriation . . . . . . . . . . . . $33,940,000
NEW SECTION. Sec. 128 FOR THE WASHINGTON STATE LOTTERY
Lottery Administrative Account -- State Appropriation . . . . . . . . . . . . $26,825,000
NEW SECTION. Sec. 129 FOR THE DEPARTMENT OF RETIREMENT
SYSTEMS -- OPERATIONS
Department of Retirement Systems Expense Account --
State Appropriation . . . . . . . . . . . . $47,337,000
NEW SECTION. Sec. 130 FOR THE DEPARTMENT OF REVENUE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $107,647,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $107,340,000
Timber Tax Distribution Account -- State Appropriation . . . . . . . . . . . . $6,038,000
Waste Reduction/Recycling/Litter Control -- State
Appropriation . . . . . . . . . . . . $133,000
Vehicle License Fraud Account -- State Appropriation . . . . . . . . . . . . $5,000
Waste Tire Removal Account -- State Appropriation . . . . . . . . . . . . $2,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $89,000
Oil Spill Prevention Account -- State Appropriation . . . . . . . . . . . . $19,000
TOTAL APPROPRIATION . . . . . . . . . . . . $221,273,000
The appropriations in this section are subject to the following
conditions and limitations: $1,639,000 of the general fund--state
appropriation for fiscal year 2012 and $1,549,000 of the general fund--state appropriation for fiscal year 2013 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.
NEW SECTION. Sec. 131 FOR THE STATE INVESTMENT BOARD
State Investment Board Expense Account -- State
Appropriation . . . . . . . . . . . . $29,614,000
The appropriation in this section is subject to the following
conditions and limitations: The state investment board shall include
the complete biennial salary survey required under RCW 43.33A.100 to
the office of financial management and to the fiscal committees of the
legislature as part of the state investment board's biennial budget
submittal.
NEW SECTION. Sec. 132 FOR THE BOARD OF TAX APPEALS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,281,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,255,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,536,000
NEW SECTION. Sec. 133 FOR THE DEPARTMENT OF INFORMATION
SERVICES
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $356,000
NEW SECTION. Sec. 134 FOR THE INSURANCE COMMISSIONER
General Fund -- Federal Appropriation . . . . . . . . . . . . $4,465,000
Insurance Commissioners Regulatory Account -- State
Appropriation . . . . . . . . . . . . $48,246,000
TOTAL APPROPRIATION . . . . . . . . . . . . $52,711,000
NEW SECTION. Sec. 135 FOR THE BOARD OF ACCOUNTANCY
Certified Public Accountants' Account -- State
Appropriation . . . . . . . . . . . . $2,836,000
NEW SECTION. Sec. 136 FOR THE FORENSIC INVESTIGATION COUNCIL
Death Investigations Account -- State Appropriation . . . . . . . . . . . . $280,000
The appropriation in this section is subject to the following
conditions and limitations: $250,000 of the death investigation
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. 137 FOR THE HORSE RACING COMMISSION
Horse Racing Commission Operating Account -- State
Appropriation . . . . . . . . . . . . $4,049,000
NEW SECTION. Sec. 138 FOR THE LIQUOR CONTROL BOARD
General Fund -- Federal Appropriation . . . . . . . . . . . . $120,000
Liquor Control Board Construction and Maintenance
Account -- State Appropriation . . . . . . . . . . . . $10,081,000
Liquor Revolving Account -- State Appropriation . . . . . . . . . . . . $162,200,000
TOTAL APPROPRIATION . . . . . . . . . . . . $172,401,000
NEW SECTION. Sec. 139 FOR THE UTILITIES AND TRANSPORTATION
COMMISSION
General Fund -- Federal Appropriation . . . . . . . . . . . . $502,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $11,197,000
Public Service Revolving Account -- State Appropriation . . . . . . . . . . . . $30,971,000
Pipeline Safety Account -- State Appropriation . . . . . . . . . . . . $3,210,000
Pipeline Safety Account -- Federal Appropriation . . . . . . . . . . . . $2,872,000
TOTAL APPROPRIATION . . . . . . . . . . . . $48,752,000
NEW SECTION. Sec. 140 FOR THE MILITARY DEPARTMENT
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $8,203,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $8,180,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $159,770,000
Enhanced 911 Account -- State Appropriation . . . . . . . . . . . . $46,593,000
Disaster Response Account -- State Appropriation . . . . . . . . . . . . $17,984,000
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 . . . . . . . . . . . . $1,971,000
TOTAL APPROPRIATION . . . . . . . . . . . . $309,582,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $17,984,000 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. 141 FOR THE BOARD FOR VOLUNTEER FIREFIGHTERS
AND RESERVE OFFICERS
Volunteer Firefighters' and Reserve Officers'
Administrative Account -- State Appropriation . . . . . . . . . . . . $1,064,000
NEW SECTION. Sec. 142 FOR THE PUBLIC EMPLOYMENT RELATIONS
COMMISSION
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $2,399,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $2,449,000
Department of Personnel Service Account -- State
Appropriation . . . . . . . . . . . . $3,370,000
Higher Education Personnel Services Account -- State
Appropriation . . . . . . . . . . . . $255,000
TOTAL APPROPRIATION . . . . . . . . . . . . $8,473,000
NEW SECTION. Sec. 143 FOR THE DEPARTMENT OF ARCHAEOLOGY AND
HISTORIC PRESERVATION
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,658,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $587,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $7,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,252,000
The appropriations in this section are subject to the following
conditions and limitations: Appropriations in this section are for
fiscal year 2012. Appropriations for fiscal year 2013 are in section
308 of this act.
NEW SECTION. Sec. 144 FOR THE OFFICE OF CIVIL RIGHTS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $2,787,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $2,774,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,958,000
OMWBE Enterprise Account--State Appropriation . . . . . . . . . . . . $3,354,000
TOTAL APPROPRIATION . . . . . . . . . . . . $10,873,000
The appropriations in this section are subject to the following
conditions and limitations: The appropriations in this section are
contingent upon the enactment of House Bill No. .... or Senate Bill No.
.... (executive request legislation Z-..../11, creating the office of
civil rights).
NEW SECTION. Sec. 145 FOR THE DEPARTMENT OF ENTERPRISE SERVICES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $4,149,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $4,144,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $181,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $168,000
Building Code Council Account . . . . . . . . . . . . $1,183,000
State Efficiency and Restructuring Account . . . . . . . . . . . . $7,000,000
Department of Personnel Service Account . . . . . . . . . . . . $10,218,000
General Administration Service Account . . . . . . . . . . . . $27,524,000
TOTAL APPROPRIATION . . . . . . . . . . . . $54,567,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The appropriations in this section are contingent upon the
passage of House Bill No. .... or Senate Bill No. .... (creating the
department of enterprise services).
(2) The department shall coordinate with the governor's office of
Indian affairs on providing the government-to-government training
sessions for federal, state, local, and tribal government employees.
The training sessions shall cover tribal historical perspectives, legal
issues, tribal sovereignty, and tribal governments. Costs of the
training sessions shall be recouped through a fee charged to the
participants of each session. The department shall be responsible for
all of the administrative aspects of the training, including the
billing and collections of the fees for the training.
(3) $3,267,000 of the general fund--state appropriation for fiscal
year 2012 and $3,267,000 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.
(4) $7,000,000 of the state efficiency and restructuring account
appropriation is provided solely for reengineering financial business
processes, redesign of the state's chart of accounts, and development
of an implementation plan to replace the state's aging financial
systems with an enterprise resource planning system. Upon completion
of this project, the statewide financial systems staff in collaboration
with the state treasurer's office will establish a repayment schedule
to reimburse the state efficiency and restructuring account with
interest per RCW 43.79.515.
NEW SECTION. Sec. 201 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES
(1) Appropriations made in this act to the department of social and
health services shall initially be allotted as required by this act.
Subsequent allotment modifications shall not include transfers of
moneys between sections of this act except as expressly provided in
this act, nor shall allotment modifications permit moneys that are
provided solely for a specified purpose to be used for other than that
purpose.
(2) The department of social and health services shall not initiate
any services that 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, 2012, unless
specifically prohibited by this act, the department may transfer
general fund -- state appropriations for fiscal year 2012 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 2012
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.
NEW SECTION. Sec. 202 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- CHILDREN AND FAMILY SERVICES PROGRAM
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $299,496,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $301,869,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $469,843,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,377,000
Domestic Violence Prevention Account -- State
Appropriation . . . . . . . . . . . . $1,154,000
Home Security Fund Account -- State Appropriation . . . . . . . . . . . . $7,874,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,081,613,000
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) 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.
NEW SECTION. Sec. 203 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- JUVENILE REHABILITATION PROGRAM
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $88,308,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $88,092,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $702,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,908,000
Washington Auto Theft Prevention Authority
Account -- State Appropriation . . . . . . . . . . . . $196,000
Juvenile Accountability Incentive Account -- Federal
Appropriation . . . . . . . . . . . . $2,803,000
TOTAL APPROPRIATION . . . . . . . . . . . . $182,009,000
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) $2,873,000 of the general fund -- state appropriation for fiscal
year 2012 and $2,873,000 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) $1,287,000 of the general fund -- state appropriation for fiscal
year 2012 and $1,287,000 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. 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, 2013, 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 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.
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) . . . . . . . . . . . . $324,506,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $329,905,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $459,186,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $17,604,000
Hospital Safety Net Assessment Account -- State
Appropriation . . . . . . . . . . . . $6,802,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,138,003,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) $104,994,000 of the general fund -- state appropriation for
fiscal year 2012 and $104,994,000 of the general fund -- state
appropriation for fiscal year 2013 are provided solely for persons and
services not covered by the medicaid program.
(b) From the general fund -- state appropriations in this subsection,
the secretary of social and health services shall assure that regional
support networks reimburse the aging and disability services
administration for the general fund -- state cost of medicaid personal
care services that enrolled regional support network consumers use
because of their psychiatric disability.
(c) 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.
(d) $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.
(e) 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 2012) . . . . . . . . . . . . $118,709,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $117,662,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $149,280,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $62,456,000
TOTAL APPROPRIATION . . . . . . . . . . . . $448,107,000
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) $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 for support of the psychiatric
security review panel established pursuant to Senate Bill No. 6610.
(3) SPECIAL PROJECTS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,808,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,813,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,682,000
TOTAL APPROPRIATION . . . . . . . . . . . . $6,303,000
(4) PROGRAM SUPPORT
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $4,382,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $4,203,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $7,060,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $928,000
TOTAL APPROPRIATION . . . . . . . . . . . . $16,573,000
NEW SECTION. Sec. 205 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- DEVELOPMENTAL DISABILITIES PROGRAM
(1) COMMUNITY SERVICES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $397,728,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $404,830,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $689,215,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $526,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,492,299,000
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) 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.
(2) INSTITUTIONAL SERVICES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $87,422,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $85,681,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $160,243,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $21,607,000
TOTAL APPROPRIATION . . . . . . . . . . . . $354,953,000
The appropriations in this subsection are subject to the following
conditions and limitations: 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.
(3) PROGRAM SUPPORT
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,420,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,412,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,360,000
TOTAL APPROPRIATION . . . . . . . . . . . . $4,192,000
NEW SECTION. Sec. 206 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- AGING AND ADULT SERVICES PROGRAM
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $792,024,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $829,877,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,631,621,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $39,757,000
Traumatic Brain Injury Account -- State Appropriation . . . . . . . . . . . . $3,392,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,296,671,000
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 $162.15 for
fiscal year 2012 and shall not exceed $163.28 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.
(2) In accordance with chapter 74.46 RCW, the department shall
issue no certificates of capital authorization for either fiscal year
2012 or fiscal year 2013, and shall in either fiscal year 2012 or
fiscal year 2013 grant no rate add-ons to payment rates for capital
improvements not requiring a certificate of need and a certificate of
capital authorization.
(3) The long-term care program may develop and pay enhanced rates
for exceptional care to nursing homes for persons with traumatic brain
injuries who are transitioning from hospital care. The cost per
patient day for caring for these clients in a nursing home setting may
be equal to or less than the cost of caring for these clients in a
hospital setting.
(4) In accordance with RCW 18.51.050, 18.20.050, 70.128.060, and
43.135.055, the department is authorized to increase nursing facility,
boarding home, and adult family home fees as necessary to fully support
the actual costs of conducting the licensure, inspection, and
regulatory programs. The license fees may not exceed the department's
annual licensing and oversight activity costs and shall include the
department's cost of paying providers for the amount of the license fee
attributed to medicaid clients.
(a) The current annual license fee for nursing facilities shall be
increased to $396 per bed beginning in fiscal year 2012 and $415 per
bed beginning in fiscal year 2013.
(b) The current annual license fee for boarding homes shall be
increased to $111 per bed beginning in fiscal year 2012 and $110 per
bed beginning in fiscal year 2013.
(c) The current annual license fee for adult family homes shall be
increased to $391 per bed beginning in fiscal year 2012 and $381 per
bed beginning in fiscal year 2013.
(5) 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.
NEW SECTION. Sec. 207 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- ECONOMIC SERVICES PROGRAM
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $481,675,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $489,750,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,125,343,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $30,592,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,127,360,000
The appropriations in this section are subject to the following
conditions and limitations: $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 $684,268,000 of the
general fund -- federal appropriation are provided solely for all
components of the WorkFirst program.
NEW SECTION. Sec. 208 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- ALCOHOL AND SUBSTANCE ABUSE PROGRAM
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $81,783,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $82,667,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $123,081,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $2,086,000
Criminal Justice Treatment Account -- State
Appropriation . . . . . . . . . . . . $17,755,000
Problem Gambling Account -- State Appropriation . . . . . . . . . . . . $1,452,000
TOTAL APPROPRIATION . . . . . . . . . . . . $308,824,000
The appropriations in this section are subject to the following
conditions and limitations: 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.
NEW SECTION. Sec. 209 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- VOCATIONAL REHABILITATION PROGRAM
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $11,393,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $11,383,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $101,122,000
Telecommunications Devices for the Hearing and
Speech Impaired -- State Appropriation . . . . . . . . . . . . $2,471,000
TOTAL APPROPRIATION . . . . . . . . . . . . $126,369,000
NEW SECTION. Sec. 210 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- SPECIAL COMMITMENT PROGRAM
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $66,557,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $66,558,000
TOTAL APPROPRIATION . . . . . . . . . . . . $133,115,000
NEW SECTION. Sec. 211 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- ADMINISTRATION AND SUPPORTING SERVICES PROGRAM
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $27,832,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $27,372,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $40,309,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $716,000
TOTAL APPROPRIATION . . . . . . . . . . . . $96,229,000
NEW SECTION. Sec. 212 FOR THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES -- PAYMENTS TO OTHER AGENCIES PROGRAM
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $71,472,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $67,989,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $59,701,000
TOTAL APPROPRIATION . . . . . . . . . . . . $199,162,000
NEW SECTION. Sec. 213 FOR THE STATE HEALTH CARE AUTHORITY
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $2,249,720,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $2,400,696,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $5,537,662,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $51,378,000
Emergency Medical Services and Trauma Care Systems
Trust Account--State Appropriation . . . . . . . . . . . . $15,079,000
State Health Care Authority Administration
Account--State Appropriation . . . . . . . . . . . . $34,692,000
Medical Aid Account--State Appropriation . . . . . . . . . . . . $533,000
Hospital Safety Net Assessment Fund--State
Appropriation . . . . . . . . . . . . $398,043,000
TOTAL APPROPRIATION . . . . . . . . . . . . $10,687,803,000
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
purchasing administration 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) 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.
(4) 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.
(5) $2,216,000 of the general fund -- federal appropriation,
$1,108,000 of the general fund -- state appropriation for fiscal year
2012, and $1,108,000 of the general fund--state appropriation for
fiscal year 2013 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.
(6) $9,888,000 of the general fund -- state appropriation for fiscal
year 2012, $9,842,000 of the general fund--state appropriation for
fiscal year 2013, and $19,730,000 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.
(7) The department shall continue the inpatient hospital certified
public expenditures program for the 2011-2013 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. 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 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 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 2011-2013 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.
$29,491,000 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 $28,257,000 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 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.
(8) 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.
NEW SECTION. Sec. 214 FOR THE BOARD OF INDUSTRIAL INSURANCE
APPEALS
Worker and Community Right-to-Know Account -- State
Appropriation . . . . . . . . . . . . $10,000
Accident Account -- State Appropriation . . . . . . . . . . . . $18,067,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $18,067,000
TOTAL APPROPRIATION . . . . . . . . . . . . $36,144,000
NEW SECTION. Sec. 215 FOR THE CRIMINAL JUSTICE TRAINING
COMMISSION
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $15,442,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $15,448,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $456,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,504,000
Death Investigations Account -- State Appropriation . . . . . . . . . . . . $148,000
Municipal Criminal Justice Assistance
Account -- State Appropriation . . . . . . . . . . . . $460,000
Washington Auto Theft Prevention Authority
Account -- State Appropriation . . . . . . . . . . . . $16,460,000
TOTAL APPROPRIATION . . . . . . . . . . . . $49,918,000
NEW SECTION. Sec. 216 FOR THE DEPARTMENT OF LABOR AND
INDUSTRIES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $18,168,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $19,099,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $10,100,000
Asbestos Account -- State Appropriation . . . . . . . . . . . . $414,000
Electrical License Account -- State Appropriation . . . . . . . . . . . . $37,581,000
Farm Labor Revolving Account -- Private/Local
Appropriation . . . . . . . . . . . . $28,000
Worker and Community Right-to-Know Account -- State
Appropriation . . . . . . . . . . . . $980,000
Public Works Administration Account -- State
Appropriation . . . . . . . . . . . . $5,612,000
Manufactured Home Installation Training
Account -- State Appropriation . . . . . . . . . . . . $155,000
Accident Account -- State Appropriation . . . . . . . . . . . . $245,179,000
Accident Account -- Federal Appropriation . . . . . . . . . . . . $13,622,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $238,180,000
Medical Aid Account -- Federal Appropriation . . . . . . . . . . . . $3,186,000
Plumbing Certificate Account -- State Appropriation . . . . . . . . . . . . $1,716,000
Pressure Systems Safety Account -- State Appropriation . . . . . . . . . . . . $4,131,000
TOTAL APPROPRIATION . . . . . . . . . . . . $598,151,000
The appropriations in this section are subject to the following
conditions and limitations: 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.
NEW SECTION. Sec. 217 FOR THE DEPARTMENT OF VETERANS AFFAIRS
(1) HEADQUARTERS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $2,001,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,992,000
Charitable, Educational, Penal, and Reformatory
Institutions Account -- State Appropriation . . . . . . . . . . . . $10,000
TOTAL APPROPRIATION . . . . . . . . . . . . $4,003,000
(2) FIELD SERVICES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $5,045,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $5,037,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,735,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $4,198,000
Veterans Innovations Program Account -- State
Appropriation . . . . . . . . . . . . $158,000
Veteran Estate Management Account -- Private/Local
Appropriation . . . . . . . . . . . . $1,097,000
TOTAL APPROPRIATION . . . . . . . . . . . . $18,270,000
(3) INSTITUTIONAL SERVICES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $955,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $573,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $60,109,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $32,532,000
TOTAL APPROPRIATION . . . . . . . . . . . . $94,169,000
NEW SECTION. Sec. 218 FOR THE DEPARTMENT OF HEALTH
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $80,243,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $79,459,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $535,031,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $149,195,000
Hospital Data Collection Account -- State Appropriation . . . . . . . . . . . . $218,000
Health Professions Account -- State Appropriation . . . . . . . . . . . . $90,110,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $608,000
Emergency Medical Services and Trauma Care Systems
Trust Account -- State Appropriation . . . . . . . . . . . . $12,317,000
Safe Drinking Water Account -- State Appropriation . . . . . . . . . . . . $2,854,000
Drinking Water Assistance Account -- Federal
Appropriation . . . . . . . . . . . . $23,130,000
Waterworks Operator Certification -- State
Appropriation . . . . . . . . . . . . $1,548,000
Drinking Water Assistance Administrative Account -- State
Appropriation . . . . . . . . . . . . $326,000
Biotoxin Account -- State Appropriation . . . . . . . . . . . . $1,167,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $3,729,000
Medical Test Site Licensure Account -- State
Appropriation . . . . . . . . . . . . $2,338,000
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 . . . . . . . . . . . . $3,600,000
Accident Account -- State Appropriation . . . . . . . . . . . . $308,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $54,000
Site Closure Account -- State Appropriation . . . . . . . . . . . . $79,000
TOTAL APPROPRIATION . . . . . . . . . . . . $988,422,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) 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, 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.
(2) Appropriations for fiscal year 2013 include funding for
consolidation of the department of ecology's low-level radioactive
waste site use permit program in the department of health.
NEW SECTION. Sec. 219 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, 2012, 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 2012 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.
NEW SECTION. Sec. 220 FOR THE DEPARTMENT OF CORRECTIONS
(1) ADMINISTRATION AND SUPPORT SERVICES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $56,389,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $55,506,000
TOTAL APPROPRIATION . . . . . . . . . . . . $111,895,000
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 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.
(2) CORRECTIONAL OPERATIONS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $632,006,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $598,398,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $3,664,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $2,336,000
Washington Auto Theft Prevention Authority Account -- State
Appropriation . . . . . . . . . . . . $5,960,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,242,364,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) The department may expend funds generated by contractual
agreements entered into for mitigation of severe overcrowding in local
jails. Any funds generated in excess of actual costs shall be
deposited in the state general fund. Expenditures shall not exceed
revenue generated by such agreements and shall be treated as a recovery
of costs.
(b) During the 2011-2013 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.
(3) COMMUNITY SUPERVISION
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $134,047,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $132,826,000
TOTAL APPROPRIATION . . . . . . . . . . . . $266,873,000
(4) CORRECTIONAL INDUSTRIES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $3,614,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $3,604,000
TOTAL APPROPRIATION . . . . . . . . . . . . $7,218,000
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) . . . . . . . . . . . . $39,967,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $37,019,000
TOTAL APPROPRIATION . . . . . . . . . . . . $76,986,000
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.
NEW SECTION. Sec. 221 FOR THE DEPARTMENT OF SERVICES FOR THE
BLIND
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $2,311,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $2,292,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $19,281,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $30,000
TOTAL APPROPRIATION . . . . . . . . . . . . $23,914,000
NEW SECTION. Sec. 222 FOR THE EMPLOYMENT SECURITY DEPARTMENT
General Fund--State Appropriation (FY . . . .) . . . . . . . . . . . . $138,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $268,400,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $34,285,000
Unemployment Compensation Administration
Account -- Federal Appropriation . . . . . . . . . . . . $364,185,000
Administrative Contingency Account -- State
Appropriation . . . . . . . . . . . . $20,409,000
Employment Service Administrative Account -- State
Appropriation . . . . . . . . . . . . $34,241,000
TOTAL APPROPRIATION . . . . . . . . . . . . $721,658,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(1) $40,325,000 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) $35,584,000 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.
NEW SECTION. Sec. 301 FOR THE COLUMBIA RIVER GORGE COMMISSION
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $445,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $0
General Fund -- Federal Appropriation . . . . . . . . . . . . $16,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $445,000
TOTAL APPROPRIATION . . . . . . . . . . . . $906,000
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) . . . . . . . . . . . . $53,189,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $47,197,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $78,408,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $17,411,000
Special Grass Seed Burning Research Account -- State
Appropriation . . . . . . . . . . . . $3,000
Reclamation Revolving Account -- State Appropriation . . . . . . . . . . . . $3,694,000
Flood Control Assistance Account -- State Appropriation . . . . . . . . . . . . $1,968,000
State Emergency Water Projects Revolving Account -- State
Appropriation . . . . . . . . . . . . $270,000
Waste Reduction/Recycling/Litter Control -- State
Appropriation . . . . . . . . . . . . $14,604,000
State Drought Preparedness Account -- State Appropriation . . . . . . . . . . . . $118,000
State and Local Improvements Revolving Account
(Water Supply Facilities) -- State Appropriation . . . . . . . . . . . . $430,000
Freshwater Aquatic Algae Control Account -- State
Appropriation . . . . . . . . . . . . $511,000
Water Rights Tracking System Account -- State Appropriation . . . . . . . . . . . . $46,000
Site Closure Account -- State Appropriation . . . . . . . . . . . . $640,000
Wood Stove Education and Enforcement Account -- State
Appropriation . . . . . . . . . . . . $614,000
Worker and Community Right-to-Know Account -- State
Appropriation . . . . . . . . . . . . $1,699,000
Water Rights Processing Account -- State Appropriation . . . . . . . . . . . . $5,692,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $113,676,000
State Toxics Control Account -- Private/Local
Appropriation . . . . . . . . . . . . $978,000
Local Toxics Control Account -- State Appropriation . . . . . . . . . . . . $27,538,000
Water Quality Permit Account -- State Appropriation . . . . . . . . . . . . $38,307,000
Underground Storage Tank Account -- State Appropriation . . . . . . . . . . . . $3,315,000
Biosolids Permit Account -- State Appropriation . . . . . . . . . . . . $1,837,000
Hazardous Waste Assistance Account -- State Appropriation . . . . . . . . . . . . $5,957,000
Air Pollution Control Account -- State Appropriation . . . . . . . . . . . . $2,488,000
Oil Spill Prevention Account -- State Appropriation . . . . . . . . . . . . $5,733,000
Air Operating Permit Account -- State Appropriation . . . . . . . . . . . . $2,790,000
Freshwater Aquatic Weeds Account -- State Appropriation . . . . . . . . . . . . $1,705,000
Oil Spill Response Account -- State Appropriation . . . . . . . . . . . . $7,076,000
Metals Mining Account -- State Appropriation . . . . . . . . . . . . $14,000
Pollution Liability Insurance Program Trust Account--
State Appropriation . . . . . . . . . . . . $337,000
Water Pollution Control Revolving Account -- State
Appropriation . . . . . . . . . . . . $622,000
Water Pollution Control Revolving Account -- Federal
Appropriation . . . . . . . . . . . . $2,556,000
TOTAL APPROPRIATION . . . . . . . . . . . . $441,405,000
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.
(3) If legislation consolidating the department of natural
resources' Washington conservation corps is not enacted by June 30,
2011, $309,000 of the general fund--state appropriation for fiscal year
2012 and $335,000 of the general fund--state appropriation for fiscal
year 2013 shall be transferred to the department of natural resources.
(4) 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.
(5) Appropriations for fiscal year 2013 are included for
consolidation of the department of health's reclaimed water program
into the department of ecology.
(6) 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.
NEW SECTION. Sec. 303 FOR THE STATE PARKS AND RECREATION
COMMISSION
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $10,000,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $3,053,000
Winter Recreation Program Account -- State Appropriation . . . . . . . . . . . . $724,000
ORV and Nonhighway Vehicle Account -- State Appropriation . . . . . . . . . . . . $127,000
Snowmobile Account -- State Appropriation . . . . . . . . . . . . $2,326,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $189,000
Parks Renewal and Stewardship Account -- State
Appropriation . . . . . . . . . . . . $55,127,000
Parks Renewal and Stewardship Account -- Private/Local
Appropriation . . . . . . . . . . . . $150,000
TOTAL APPROPRIATION . . . . . . . . . . . . $71,696,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $10,000,000 of the general fund--state appropriation for fiscal
year 2012 is 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) The appropriations in this section are for fiscal year 2012.
Appropriations for fiscal year 2013 are contained in section 312 of
this act.
NEW SECTION. Sec. 304 FOR THE RECREATION AND CONSERVATION
FUNDING BOARD
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,000,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,645,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $125,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $133,000
Vessel Response Account--State Appropriation . . . . . . . . . . . . $50,000
Firearms Range Account -- State Appropriation . . . . . . . . . . . . $19,000
Recreation Resources Account -- State Appropriation . . . . . . . . . . . . $1,500,000
NOVA Program Account -- State Appropriation . . . . . . . . . . . . $451,000
TOTAL APPROPRIATION . . . . . . . . . . . . $4,923,000
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 312 of this act.
NEW SECTION. Sec. 305 FOR THE ENVIRONMENTAL AND LAND USE
HEARINGS OFFICE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $2,462,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $2,460,000
TOTAL APPROPRIATION . . . . . . . . . . . . $4,922,000
NEW SECTION. Sec. 306 FOR THE CONSERVATION COMMISSION
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $7,094,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $590,000
TOTAL APPROPRIATION . . . . . . . . . . . . $7,684,000
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 merging conservation
districts along county lines.
(2) The appropriations in this section are for fiscal year 2012.
Appropriations for fiscal year 2013 are contained in section 309 of
this act.
NEW SECTION. Sec. 307 FOR THE DEPARTMENT OF FISH AND WILDLIFE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $34,298,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $51,030,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $25,908,000
ORV and Nonhighway Vehicle Account -- State Appropriation . . . . . . . . . . . . $204,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $3,339,000
Recreational Fisheries Enhancement -- State Appropriation . . . . . . . . . . . . $1,932,000
Warm Water Game Fish Account -- State Appropriation . . . . . . . . . . . . $1,159,000
Eastern Washington Pheasant Enhancement Account -- State
Appropriation . . . . . . . . . . . . $338,000
Aquatic Invasive Species Enforcement Account -- State
Appropriation . . . . . . . . . . . . $107,000
Aquatic Invasive Species Prevention Account -- State
Appropriation . . . . . . . . . . . . $444,000
State Wildlife Account -- State Appropriation . . . . . . . . . . . . $45,577,000
Special Wildlife Account -- State Appropriation . . . . . . . . . . . . $1,117,000
Special Wildlife Account -- Federal Appropriation . . . . . . . . . . . . $1,715,000
Special Wildlife Account -- Private/Local Appropriation . . . . . . . . . . . . $69,000
Wildlife Rehabilitation Account -- State Appropriation . . . . . . . . . . . . $130,000
Regional Fisheries Enhancement Salmonid Recovery
Account -- Federal Appropriation . . . . . . . . . . . . $2,377,000
Oil Spill Prevention Account -- State Appropriation . . . . . . . . . . . . $385,000
Oyster Reserve Land Account -- State Appropriation . . . . . . . . . . . . $623,000
Hydraulic Project Approval Account -- State
Appropriation . . . . . . . . . . . . $1,256,000
TOTAL APPROPRIATION . . . . . . . . . . . . $172,008,000
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 is 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 is 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 is 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 July 1, 2012, the department shall enter into an interagency
agreement with the department of natural resources to provide
enforcement services on state trust lands. The interagency agreement
shall describe service delivery expectations and costs. In the
agreement, the department shall define each agency's roles and
responsibilities. An agreement shall be submitted to the office of
financial management and the appropriate fiscal committees of the
legislature by September 1, 2011.
(9) 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.
(10) Consistent with RCW 76.09.030(2), by July 1, 2012, the
department shall enter into an interagency agreement with the
department of natural resources for the purpose of integrating into the
forest practices application any additional information requirements to
protect fish life and fish habitat pursuant to chapter 77.55 RCW. The
agreement must include provisions that (a) ensure continued protection
of fish life and fish habitat, (b) ensure each state agency maintains
its existing regulatory authority, (c) provide for streamlined
permitting as a result of the integrated application, and (d) identify
further resource shifts necessary to implement the integrated forest
practices application. A draft agreement shall be submitted to the
office of financial management by September 1, 2011. If changes to the
agreement are requested by the office of financial management, the
changes shall be made and a second draft of the agreement shall be
submitted to the office of financial management by November 1, 2011.
The agreement shall not go into effect without prior office of
financial management approval.
(11) 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.
(12) By July 1, 2012, the department shall enter into an
interagency agreement with the department of natural resources in order
to receive payment for costs related to work conducted on state trust
lands as part of the natural heritage program. An agreement shall be
submitted to the office of financial management and the fiscal
committees of the legislature by September 1, 2011.
(13) The appropriations in this section are for fiscal year 2012.
Appropriations for fiscal year 2013 are contained in section 312 of
this act.
NEW SECTION. Sec. 308 FOR THE DEPARTMENT OF NATURAL RESOURCES
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $35,669,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $36,208,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $28,960,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $2,339,000
Forest Development Account -- State Appropriation . . . . . . . . . . . . $42,914,000
ORV and Nonhighway Vehicle Account -- State Appropriation . . . . . . . . . . . . $4,459,000
Surveys and Maps Account -- State Appropriation . . . . . . . . . . . . $2,377,000
Aquatic Lands Enhancement Account -- State
Appropriation . . . . . . . . . . . . $7,341,000
Resources Management Cost Account -- State
Appropriation . . . . . . . . . . . . $84,242,000
Surface Mining Reclamation Account -- State
Appropriation . . . . . . . . . . . . $3,524,000
Disaster Response Account -- State Appropriation . . . . . . . . . . . . $5,000,000
Forest and Fish Support Account -- State Appropriation . . . . . . . . . . . . $7,937,000
Aquatic Land Dredged Material Disposal Site
Account -- State Appropriation . . . . . . . . . . . . $842,000
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 . . . . . . . . . . . . $657,000
Derelict Vessel Removal Account -- State Appropriation . . . . . . . . . . . . $1,763,000
Agricultural College Trust Management Account -- State
Appropriation . . . . . . . . . . . . $1,892,000
TOTAL APPROPRIATION . . . . . . . . . . . . $267,557,000
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)(a) By July 1, 2012, the department shall enter into an
interagency agreement with the department of fish and wildlife for
enforcement services on lands managed by the department of natural
resources. The interagency agreement shall describe service delivery
expectations and costs. In the agreement, the department shall define
each agency's roles and responsibilities. A draft agreement shall be
submitted to the office of financial management and the appropriate
fiscal committees of the legislature by September 1, 2011.
(b) $1,000,000 of the resource management cost account--state
appropriation and $500,000 of the forest development account--state
appropriation are provided solely for implementation of this agreement.
(8) The department is authorized to increase the silviculture
burning permit fee in the 2011-2013 biennium as necessary to meet the
actual costs of conducting business.
(9) $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.
(10) 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.
(11)(a) Consistent with RCW 76.09.030(2), by July 1, 2012, the
department shall enter into an interagency agreement with the
department of fish and wildlife for the purpose of integrating into the
forest practices application any additional information requirements to
protect fish life and fish habitat pursuant to chapter 77.55 RCW. The
department of natural resources shall administer the integrated forest
practices applications. The agreement must include provisions that (i)
ensure continued protection of fish life and fish habitat, (ii) ensure
each state agency maintains its existing regulatory authority, (iii)
provide for streamlined permitting as a result of the integrated
application, and (iv) identify further resource shifts necessary to
implement the integrated forest practices application. A draft
agreement shall be submitted to the office of financial management by
September 1, 2011. If changes to the agreement are requested by the
office of financial management, the changes shall be made and a second
draft of the agreement shall be submitted to the office of financial
management by November 1, 2011. The agreement shall not go into effect
without prior office of financial management approval.
(b) If the approved office of financial management agreement is not
produced by June 30, 2012, $225,000 of the general fund--state
appropriation for fiscal year 2013 shall be transferred to the
department of fish and wildlife.
(12)(a) By July 1, 2012, the department shall enter into an
interagency agreement with the department of fish and wildlife in order
to pay for costs related to work conducted by the department of fish
and wildlife on state trust lands as part of the natural heritage
program. An agreement shall be submitted to the office of financial
management and the fiscal committees of the legislature by September 1,
2011.
(b) $27,000 of the resource management cost account--state
appropriation and $155,200 of the forest development account--state
appropriation are provided solely for implementation of the interagency
agreement referenced in (a) of this subsection.
(13) Appropriations for fiscal year 2013 are included for
consolidation of the department of archaeology and historic
preservation into the department of natural resources.
NEW SECTION. Sec. 309 FOR THE DEPARTMENT OF AGRICULTURE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $23,809,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $30,431,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $23,684,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $190,000
Aquatic Lands Enhancement Account -- State
Appropriation . . . . . . . . . . . . $2,091,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $5,162,000
Water Quality Permit Account -- State Appropriation . . . . . . . . . . . . $61,000
TOTAL APPROPRIATION . . . . . . . . . . . . $85,428,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) 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.
(2) $12,808,445 of the general fund--state appropriation for fiscal
year 2012 and $12,802,905 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.
(3) Appropriations for fiscal year 2013 are included for
consolidation of the state conservation commission into the department
of agriculture.
NEW SECTION. Sec. 310 FOR THE WASHINGTON POLLUTION LIABILITY
INSURANCE PROGRAM
Pollution Liability Insurance Program Trust
Account -- State Appropriation . . . . . . . . . . . . $340,000
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) . . . . . . . . . . . . $2,887,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $2,855,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $9,600,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $497,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $706,000
TOTAL APPROPRIATION . . . . . . . . . . . . $16,545,000
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 CONSERVATION AND
RECREATION
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $41,729,000
General Fund--Federal Appropriation . . . . . . . . . . . . $60,591,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $25,446,000
Winter Recreation Program Account--State
Appropriation . . . . . . . . . . . . $1,042,000
ORV and Non-Highway Vehicle Account--State
Appropriation . . . . . . . . . . . . $291,000
Snowmobile Account--State Appropriation . . . . . . . . . . . . $2,533,000
Aquatic Lands Enhancement Account--State
Appropriation . . . . . . . . . . . . $3,921,000
Recreational Fisheries Enhancement Account--State
Appropriation . . . . . . . . . . . . $1,647,000
Warm Water Game Fish Account--State Appropriation . . . . . . . . . . . . $1,935,000
Vessel Response Account--State Appropriation . . . . . . . . . . . . $50,000
Eastern Washington Pheasant Enhancement
Account--State Appropriation . . . . . . . . . . . . $511,000
Aquatic Invasive Species Enforcement Account--State
Appropriation . . . . . . . . . . . . $103,000
Aquatic Invasive Species Prevention Account--State
Appropriation . . . . . . . . . . . . $288,000
State Wildlife Account--State Appropriation . . . . . . . . . . . . $51,443,000
Special Wildlife Account--State Appropriation . . . . . . . . . . . . $1,277,000
Special Wildlife Account--Federal Appropriation . . . . . . . . . . . . $1,714,000
Special Wildlife Account--Private/Local Appropriation . . . . . . . . . . . . $418,000
Firearms Range Account--State Appropriation . . . . . . . . . . . . $18,000
Wildlife Rehabilitation Account--State Appropriation . . . . . . . . . . . . $129,000
Regional Fisheries Enhancement Salmonid
Recovery Account--State Appropriation . . . . . . . . . . . . $2,624,000
Oil Spill Prevention Account--State
Appropriation . . . . . . . . . . . . $521,000
Recreation Resources Account--State Appropriation . . . . . . . . . . . . $1,500,000
Nonhighway and Off-Road Vehicle Activities
Program Account--State Appropriation . . . . . . . . . . . . $449,000
Parks Renewal and Stewardship
Account--State Appropriation . . . . . . . . . . . . $54,873,000
Parks Renewal and Stewardship
Account--Private/Local Appropriation . . . . . . . . . . . . $150,000
Oyster Reserve Land Account--State Appropriation . . . . . . . . . . . . $302,000
Hydraulic Project Approval Account--State
Appropriation . . . . . . . . . . . . $2,513,000
TOTAL APPROPRIATION . . . . . . . . . . . . $258,018,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Representatives of the department of fish and wildlife, the
state parks and recreation commission and the recreation and
conservation office shall create a transition plan for the creation of
the department of conservation and recreation. A draft plan shall be
submitted to the office of financial management no later than September
1, 2011. If changes to the plan are requested by the office of
financial management, the changes shall be made and a second draft of
the plan shall be submitted to the office of financial management by
November 1, 2011. The plan shall not take effect without prior office
of financial management approval. The plan must, at a minimum, address
the following issues: Specific anticipated consolidation savings,
including proposals to pay for one-time costs, opportunities and a
timeline for location consolidation, and additional statutory or budget
changes necessary to complete the consolidation process.
(2) Appropriations for fiscal year 2013 are included for
consolidation of the state parks and recreation commission, the
department of fish and wildlife, and the recreation and conservation
office into the department of conservation and recreation.
(3) $422,000 of the general fund--state appropriation for fiscal
year 2013 is 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 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.
(4) $400,000 of the general fund--state appropriation for fiscal
year 2013 is 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 2013 is provided solely for the removal of derelict gear in
Washington waters.
NEW SECTION. Sec. 401 FOR THE DEPARTMENT OF LICENSING
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,182,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,414,000
Architects' License Account -- State Appropriation . . . . . . . . . . . . $1,083,000
Professional Engineers' Account -- State Appropriation . . . . . . . . . . . . $3,559,000
Real Estate Commission Account -- State Appropriation . . . . . . . . . . . . $9,981,000
Master License Account -- State Appropriation . . . . . . . . . . . . $16,096,000
Uniform Commercial Code Account -- State Appropriation . . . . . . . . . . . . $3,178,000
Real Estate Education Program Account -- State
Appropriation . . . . . . . . . . . . $276,000
Real Estate Appraiser Commission Account -- State
Appropriation . . . . . . . . . . . . $1,704,000
Business and Professions Account -- State
Appropriation . . . . . . . . . . . . $15,747,000
Real Estate Research Account -- State Appropriation . . . . . . . . . . . . $622,000
Geologists' Account -- State Appropriation . . . . . . . . . . . . $52,000
Derelict Vessel Removal Account -- State Appropriation . . . . . . . . . . . . $31,000
TOTAL APPROPRIATION . . . . . . . . . . . . $54,925,000
The appropriations in this section are subject to the following
conditions and limitations: Pursuant to RCW 43.135.055, the department
is authorized to increase fees for collection agencies, 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.
NEW SECTION. Sec. 402 FOR THE STATE PATROL
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $41,320,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $37,986,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $16,081,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $3,021,000
Death Investigations Account -- State Appropriation . . . . . . . . . . . . $5,670,000
County Criminal Justice Assistance Account -- State
Appropriation . . . . . . . . . . . . $3,267,000
Municipal Criminal Justice Assistance Account -- State
Appropriation . . . . . . . . . . . . $1,315,000
Fire Service Trust Account -- State Appropriation . . . . . . . . . . . . $131,000
Vehicle License Fraud Account -- State Appropriation . . . . . . . . . . . . $21,000
Disaster Response Account -- State Appropriation . . . . . . . . . . . . $8,002,000
Fire Service Training Account -- State Appropriation . . . . . . . . . . . . $9,063,000
Aquatic Invasive Species Enforcement Account -- State
Appropriation . . . . . . . . . . . . $54,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $506,000
Fingerprint Identification Account -- State
Appropriation . . . . . . . . . . . . $8,832,000
TOTAL APPROPRIATION . . . . . . . . . . . . $135,269,000
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. The appropriation is to provide 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) In accordance with RCW 43.43.942, 46.52.085, and 43.135.055,
the state patrol is authorized to increase the notary service fee in
fiscal year 2012 as necessary to meet the actual costs of conducting
business and the appropriation levels in this section.
NEW SECTION. Sec. 501 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 explicit
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) The superintendent of public instruction shall require all
districts receiving general apportionment funding for alternative
learning experience (ALE) programs 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. For the purposes of this part V, ALE
programs are those defined by WAC 392-121-182 as in effect on December
1, 2010.
(4) 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. 502 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $24,717,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $22,630,000
General Fund--Federal Appropriation . . . . . . . . . . . . $82,180,000
TOTAL APPROPRIATION . . . . . . . . . . . . $129,527,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) A maximum of $15,404,000 of the general fund--state
appropriation for fiscal year 2012 and $13,305,000 of the general
fund--state appropriation for fiscal year 2013 is for state agency
operations.
(a) $10,128,000 of the general fund--state appropriation for fiscal
year 2012 and $9,158,000 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) Within amounts appropriated in this subsection (1)(a), the
office of the superintendent of public instruction, consistent with WAC
392-121-182 as in effect on December 1, 2010 (alternative learning
experience requirements) which requires documentation of alternative
learning experience student headcount and full-time equivalent
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) $364,000 of the general fund--state appropriation for fiscal
year 2012 and $336,000 of the general fund--state appropriation for
fiscal year 2013 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.
(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) $1,752,000 of the general fund--state appropriation for fiscal
year 2012 and $1,730,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely to the professional educator
standards board for the following:
(i) $952,000 in fiscal year 2012 and $952,000 in fiscal year 2013
are for the operation and expenses of the Washington professional
educator standards board; and
(ii) $712,000 of the general fund--state appropriation for fiscal
year 2012 and $330,000 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.
(e) $614,000 of the general fund--state appropriation for fiscal
year 2012 and $615,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the creation of a statewide
data base of longitudinal student information.
(f) $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).
(g) $630,000 of the general fund--state appropriation for fiscal
year 2012 and $630,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the implementation of chapter
542, Laws of 2009 (online learning).
(h) $1,020,000 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 implementation of chapter
236, Laws of 2010 (K-12 education funding).
(2) $9,329,000 of the general fund--state appropriation for fiscal
year 2012, $9,329,000 of the general fund--state appropriation for
fiscal year 2013, 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 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) $96,000 of the general fund--state appropriation for fiscal
year 2012 and $96,000 of the general fund--state appropriation for
fiscal year 2013 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) $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 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.
(b) TECHNOLOGY
(i) $1,571,000 of the general fund--state appropriation for fiscal
year 2012 and $1,570,000 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.
(ii) $522,000 of the general fund--state appropriation for fiscal
year 2012 and $523,000 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. 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) $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) $900,000 of the general fund--state appropriation for fiscal
year 2012 and $900,000 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) $2,924,000 of the general fund--state appropriation for
fiscal year 2012 and $2,924,000 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.
NEW SECTION. Sec. 503 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR GENERAL APPORTIONMENT
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $5,358,678,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $5,214,783,000
TOTAL APPROPRIATION . . . . . . . . . . . . $10,573,461,000
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 as provided in
the remainder of sections 503 and 504 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 503 of the 2011 supplemental operating
budget (executive request legislation, Z-0373/11).
(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 districts 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.
(c) 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 (e) 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 |
| MSOC RATES/STUDENT FTE | ||||
| MSOC Component | 2011-12 SCHOOL YEAR | 2012-13 SCHOOL YEAR | ||
| Technology | $56.63 | $57.59 | ||
| Utilities and Insurance | $153.87 | $156.49 | ||
| Curriculum and Textbooks | $60.80 | $61.83 | ||
| Other Supplies and Library Materials | $129.08 | $131.27 | ||
| Instructional Professional Development for Certificated and Classified Staff | $9.40 | $9.56 | ||
| Facilities Maintenance | $76.23 | $77.52 | ||
| Security and Central Office | $52.81 | $53.71 | ||
| TOTAL BASIC EDUCATION MSOC/STUDENT FTE | $538.82 | $547.98 | ||
NEW SECTION. Sec. 504 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 December 12, 2010, at 7:18 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
December 12, 2010, at 6:24 hours.
(3) Incremental fringe benefit factors are applied to salary
adjustments at a rate of 15.52 percent for school year 2011-12 and
15.52 percent for school year 2012-13 for certificated instructional
and certificated administrative staff and 14.96 percent for school year
2011-12 and 14.96 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 | 34,048 | 34,968 | 35,920 | 36,875 | 39,939 | 41,913 | 40,820 | 43,885 | 45,860 |
| 1 | 34,506 | 35,439 | 36,403 | 37,400 | 40,496 | 42,459 | 41,274 | 44,370 | 46,332 |
| 2 | 34,943 | 35,884 | 36,859 | 37,933 | 41,020 | 43,004 | 41,731 | 44,818 | 46,802 |
| 3 | 35,393 | 36,343 | 37,329 | 38,437 | 41,518 | 43,549 | 42,164 | 45,243 | 47,276 |
| 4 | 35,834 | 36,826 | 37,818 | 38,964 | 42,064 | 44,110 | 42,618 | 45,718 | 47,765 |
| 5 | 36,290 | 37,287 | 38,288 | 39,498 | 42,586 | 44,673 | 43,080 | 46,169 | 48,256 |
| 6 | 36,759 | 37,734 | 38,769 | 40,039 | 43,113 | 45,211 | 43,552 | 46,626 | 48,723 |
| 7 | 37,582 | 38,572 | 39,621 | 40,960 | 44,079 | 46,235 | 44,438 | 47,556 | 49,713 |
| 8 | 38,787 | 39,831 | 40,905 | 42,355 | 45,516 | 47,751 | 45,832 | 48,994 | 51,228 |
| 9 | 41,135 | 42,262 | 43,765 | 46,999 | 49,310 | 47,241 | 50,477 | 52,788 | |
| 10 | 43,635 | 45,247 | 48,524 | 50,913 | 48,724 | 52,003 | 54,390 | ||
| 11 | 46,772 | 50,121 | 52,557 | 50,249 | 53,599 | 56,034 | |||
| 12 | 48,249 | 51,761 | 54,269 | 51,835 | 55,238 | 57,748 | |||
| 13 | 53,440 | 56,024 | 53,476 | 56,918 | 59,501 | ||||
| 14 | 55,128 | 57,844 | 55,165 | 58,716 | 61,322 | ||||
| 15 | 56,563 | 59,349 | 56,599 | 60,242 | 62,917 | ||||
| 16 or more | 57,693 | 60,535 | 57,731 | 61,447 | 64,174 | ||||
| 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 | 34,048 | 34,968 | 35,920 | 36,875 | 39,939 | 41,913 | 40,820 | 43,885 | 45,860 |
| 1 | 34,506 | 35,439 | 36,403 | 37,400 | 40,496 | 42,459 | 41,274 | 44,370 | 46,332 |
| 2 | 34,943 | 35,884 | 36,859 | 37,933 | 41,020 | 43,004 | 41,731 | 44,818 | 46,802 |
| 3 | 35,393 | 36,343 | 37,329 | 38,437 | 41,518 | 43,549 | 42,164 | 45,243 | 47,276 |
| 4 | 35,834 | 36,826 | 37,818 | 38,964 | 42,064 | 44,110 | 42,618 | 45,718 | 47,765 |
| 5 | 36,290 | 37,287 | 38,288 | 39,498 | 42,586 | 44,673 | 43,080 | 46,169 | 48,256 |
| 6 | 36,759 | 37,734 | 38,769 | 40,039 | 43,113 | 45,211 | 43,552 | 46,626 | 48,723 |
| 7 | 37,582 | 38,572 | 39,621 | 40,960 | 44,079 | 46,235 | 44,438 | 47,556 | 49,713 |
| 8 | 38,787 | 39,831 | 40,905 | 42,355 | 45,516 | 47,751 | 45,832 | 48,994 | 51,228 |
| 9 | 41,135 | 42,262 | 43,765 | 46,999 | 49,310 | 47,241 | 50,477 | 52,788 | |
| 10 | 43,635 | 45,247 | 48,524 | 50,913 | 48,724 | 52,003 | 54,390 | ||
| 11 | 46,772 | 50,121 | 52,557 | 50,249 | 53,599 | 56,034 | |||
| 12 | 48,249 | 51,761 | 54,269 | 51,835 | 55,238 | 57,748 | |||
| 13 | 53,440 | 56,024 | 53,476 | 56,918 | 59,501 | ||||
| 14 | 55,128 | 57,844 | 55,165 | 58,716 | 61,322 | ||||
| 15 | 56,563 | 59,349 | 56,599 | 60,242 | 62,917 | ||||
| 16 or more | 57,693 | 60,535 | 57,731 | 61,447 | 64,174 | ||||
NEW SECTION. Sec. 505 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTS
(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 15.52 percent for the 2011-12
school year and 15.52 percent for the 2012-13 school year for
certificated instructional and certificated administrative staff and
14.96 percent for the 2011-12 school year and 14.96 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.
(3) The rates specified in this section are subject to revision
each year by the legislature.
NEW SECTION. Sec. 506 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR PUPIL TRANSPORTATION
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $313,849,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $330,579,000
TOTAL APPROPRIATION . . . . . . . . . . . . $644,428,000
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(3) of the 2011 supplemental
operating budget (executive request legislation, Z-0373/11).
(3) 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.
(4) The superintendent of public instruction shall base the vehicle
acquisition reimbursement payment for school district buses on the
lowest bid in the appropriate category of bus as specified in RCW
28A.160.200.
(5) Funding levels in this section reflects waivers granted by the
state board of education for four-day school weeks as allowed under RCW
28A.305.141.
NEW SECTION. Sec. 507 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR SCHOOL FOOD SERVICE PROGRAMS
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $3,159,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $3,159,000
General Fund--Federal Appropriation . . . . . . . . . . . . $437,986,000
TOTAL APPROPRIATION . . . . . . . . . . . . $444,304,000
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 2012 and $3,000,000 of the general fund--state appropriation for
fiscal year 2013 are provided for state matching money for federal
child nutrition programs.
(2) $100,000 of the general fund--state appropriation for fiscal
year 2012 and $100,000 of the 2013 fiscal year appropriation are
provided for summer food programs for children in low-income areas.
(3) $59,000 of the general fund--state appropriation for fiscal
year 2012 and $59,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely to reimburse school districts for
school breakfasts served to students enrolled in the free or reduced
price meal program pursuant to chapter 287, Laws of 2005 (requiring
school breakfast programs in certain schools).
NEW SECTION. Sec. 508 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR SPECIAL EDUCATION PROGRAMS
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $625,574,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $638,617,000
General Fund--Federal Appropriation . . . . . . . . . . . . $691,741,000
Education Legacy Trust Account--State Appropriation . . . . . . . . . . . . $109,902,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,065,834,000
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 503 and
505 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)(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 of the 2011 supplemental operating
budget (executive request legislation, Z-0373/11).
(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) To the extent necessary, $67,279,000 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 (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 506 of the 2011 supplemental operating
budget (executive request legislation Z-0373/11).
(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. 509 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR EDUCATIONAL SERVICE DISTRICTS
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $7,796,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $7,797,000
TOTAL APPROPRIATION . . . . . . . . . . . . $15,593,000
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) $1,589,000 of the general fund--state appropriation for fiscal
year 2012 and $1,589,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for regional professional
development related to mathematics and science curriculum and
instructional strategies. Funding shall be distributed among the
educational service districts in the same proportion as distributions
in the 2007-2009 biennium. Each educational service district shall use
this funding solely for salary and benefits for a certificated
instructional staff with expertise in the appropriate subject matter
and in professional development delivery, and for travel, materials,
and other expenditures related to providing regional professional
development support.
(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. 510 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR LOCAL EFFORT ASSISTANCE
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $289,542,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $298,845,000
TOTAL APPROPRIATION . . . . . . . . . . . . $588,387,000
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. 511 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR INSTITUTIONAL EDUCATION PROGRAMS
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $15,993,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $15,721,000
TOTAL APPROPRIATION . . . . . . . . . . . . $31,714,000
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. During the 2011-12 and 2012-13 school
years, the salary allocations and subsequent compensation allocations
for certificated instructional staff shall exclude the following:
(a) Any years of service earned after August 31, 2010;
(b) Any educational credits earned after October 1, 2010, excluding
certificated instructional staff meeting the criteria in (c) of this
subsection;
(c) For certificated instructional staff with zero years of
experience, districts shall recognize credits earned as of October 1,
2010; and
(d) For certificated instructional staff receiving initial
certification after October 1, 2010, districts shall recognize credits
earned as of the date of approval of their Washington state
instructional certificate.
(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 2012 and $228,000 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. 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) . . . . . . . . . . . . $54,763,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $90,631,000
General Fund--Federal Appropriation . . . . . . . . . . . . $103,434,000
Education Legacy Trust Account--State Appropriation . . . . . . . . . . . . $93,977,000
TOTAL APPROPRIATION . . . . . . . . . . . . $342,805,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $41,436,000 of the general fund--state appropriation for fiscal
year 2012, $63,547,000 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.
(2) $3,860,000 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.
(3) $197,000 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 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.
(4) $88,500,000 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 RCW
28A.150.315. The office of the superintendent of public instruction
shall provide allocations to districts for recipient schools in
accordance with the funding formulas provided in sections 503, 504, and
505 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 purpose of making
allocations under this subsection. Although the allocations are
formula driven, the office of the superintendent of public instruction
shall consider 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 price 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 purpose 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.
(5) $105,754,000 of the general fund--federal appropriation is for
preparing, training, and recruiting high quality teachers and
principals under Title II of the no child left behind act.
(6) $1,667,000 of the general fund--state appropriation for fiscal
year 2012 and $1,667,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely to eliminate the lunch co-pay for
students in grades kindergarten through third grade that are eligible
for reduced price lunch.
(7) $5,285,000 of the general fund--state appropriation for fiscal
year 2012 and $5,285,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for: (a) The meals for kids
program under RCW 28A.235.145 through 28A.235.155; (b) to eliminate the
breakfast co-pay for students eligible for reduced price lunch; and (c)
for additional assistance for school districts initiating a summer food
service program.
(8) $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.
(9) $250,000 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.
(10) $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
Engrossed Second Substitute Senate Bill No. 6696 (education reform).
(11) $15,000,000 of the general fund--state appropriation for
fiscal year 2013 is provided solely for incentive grants to school
districts who have implemented the new teacher and principal evaluation
systems. School districts eligible to receive grants shall have
documented the following by May 31, 2013:
(a) Executed agreements with teacher and principal employee groups
setting forth the implementation of new teacher and principal
evaluation systems in the district.
(b) Agreements that provide for the use of the state's criteria as
specified in RCW 28A.405.100, four-tier rating systems, rubrics
describing the rating system tiers, and the use of multiple measures of
student growth.
(c) Agreements that provide a calendar for the implementation of
the new evaluation systems. Districts may implement the systems
district-wide, pilot the systems in certain schools, or begin a phase-in of the systems; at least partial implementation is required for
receipt of the incentive grant.
NEW SECTION. Sec. 514 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR TRANSITIONAL BILINGUAL PROGRAMS
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $86,469,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $91,795,000
General Fund--Federal Appropriation . . . . . . . . . . . . $70,988,000
TOTAL APPROPRIATION . . . . . . . . . . . . $249,252,000
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 504 and 505 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 of the 2011
supplemental operating budget (executive request legislation,
Z-0373/11).
(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). In calculating transitional bilingual program
allocations to districts for school years 2011-12 and 2012-13 as
provided in this section, the superintendent of public instruction
shall ensure each district's allocation is not less than the allocation
provided for the 2010-11 school year after adjusting the 2010-11
allocation for changes in the district's bilingual enrollment, district
staff mix, and compensation rates contained in sections 504 and 505 of
this act. Any amount allocated to districts under this subsection is
outside the program of basic education.
(3) The superintendent may withhold up to 1.5 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) $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 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.
NEW SECTION. Sec. 515 FOR THE SUPERINTENDENT OF PUBLIC
INSTRUCTION--FOR THE LEARNING ASSISTANCE PROGRAM
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $122,973,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $127,625,000
General Fund--Federal Appropriation . . . . . . . . . . . . $581,182,000
Education Legacy Trust Account--State Appropriation . . . . . . . . . . . . $47,980,000
TOTAL APPROPRIATION . . . . . . . . . . . . $879,760,000
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 504 and 505 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 of the 2011 supplemental operating
budget (executive request legislation, Z-0373/11).
(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) The allocations in this section reflect the implementation of
a new funding formula for the learning assistance program, effective
September 1, 2011, as specified in RCW 28A.150.260(10)(a). In
calculating learning assistance program allocations to districts for
school years 2011-12 and 2012-13 as provided in this section, the
superintendent of public instruction shall ensure each district's
allocation is not less than the allocation provided for the 2010-11
school year after adjusting the 2010-11 allocation for subsequent
changes in student enrollment and free and reduced price lunch
eligibility, district staff mix, and compensation rates contained in
sections 504 and 505 of this act. Any amount allocated to districts
under this subsection is outside the program of basic education.
(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.
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 and
federal appropriations under sections 605 through 611 of this act shall
allot anticipated state, federal, and tuition expenditures by budget
program and fiscal year.
(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.
(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;
(ii) Institutions may provide salary increases from other sources
to instructional and research faculty. 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); and
(iii) The authority provided in (c)(i) and (ii) of this subsection
does not extend to nonfaculty, nonstudent staff.
(7) Institutions receiving funding in sections 605 through 611 of
this act shall not expend state funds for the purpose of contributions
to employee annuity or retirement income plans under RCW 28B.10.400 in
any amount greater than six percent of salary.
(8) For additional adjustments to higher education compensation
policy, see section 709 of this act.
NEW SECTION. Sec. 602 (1) Within the funds appropriated in this
act, each baccalaureate institution is expected to produce at least the
following numbers of bachelors degrees per academic year:
| 2010-11 | 2012-13 | |
| Annual Average | Annual Average | |
| University of Washington | 8,657 | 8,657 |
| Washington State University | 4,687 | 4,687 |
| Central Washington University | 2,324 | 2,324 |
| Eastern Washington University | 1,881 | 1,881 |
| The Evergreen State College | 1,157 | 1,157 |
| Western Washington University | 3,068 | 3,068 |
| 2010-11 Annual Average | 2012-13 Annual average | |
| State Board for Community and Technical Colleges | ||
| Adult Students | 139,262 | 139,262 |
| Running Start Students | 11,558 | 11,558 |
NEW SECTION. Sec. 603 PUBLIC BACCALAUREATE INSTITUTIONS
In order to operate within the state funds appropriated in this
act, the governing boards of the state research universities, the state
regional universities, and The Evergreen State College 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 governing boards of the University of Washington,
Washington State University, and Western Washington University may
increase the tuition fees, as defined in RCW 28B.15.020, charged to
resident undergraduate students by no more than eleven percent over the
amounts charged to resident undergraduate students for the prior
academic year.
(2) The governing boards of Central Washington University, Eastern
Washington University, and The Evergreen State College may increase the
tuition fees, as defined in RCW 28B.15.020, charged to resident
undergraduate students by no more than nine percent over the amounts
charged to resident undergraduate students for the prior academic year.
(3) Each governing board is authorized to increase tuition charges
to graduate and professional students, and to nonresident undergraduate
students, by amounts judged reasonable and necessary by the governing
board.
(4) Each governing board is authorized to increase summer quarter
or semester tuition fees for resident and nonresident undergraduate,
graduate, and professional students pursuant to RCW 28B.15.067.
(5) Each governing board is authorized to adopt or increase charges
for fee-based, self-sustaining degree programs, credit courses,
noncredit workshops and courses, and special contract courses by
amounts judged reasonable and necessary by the governing board.
(6) Each governing board is authorized to adopt or increase
services and activities fees for all categories of students as provided
in RCW 28B.15.069.
(7) Each governing board is authorized to adopt or increase
technology fees as provided in RCW 28B.15.069.
(8) Each governing board is authorized to adopt or increase special
course and lab fees, and health and counseling fees, to the extent
necessary to cover the reasonable and necessary exceptional cost of the
course or service.
(9) Each governing board is 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 governing board.
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 ten 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 ten 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) . . . . . . . . . . . . $598,125,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $570,509,000
Community/Technical College Capital Projects
Account -- State Appropriation . . . . . . . . . . . . $34,489,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,203,123,000
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) $2,920,000 of the general fund--state appropriation for fiscal
year 2012 and $7,850,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for the student achievement
initiative, including awards to colleges for performance increases.
NEW SECTION. Sec. 606 FOR THE UNIVERSITY OF WASHINGTON
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $247,518,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $203,918,000
University of Washington Building Account -- State
Appropriation . . . . . . . . . . . . $15,129,000
Biotoxin Account -- State Appropriation . . . . . . . . . . . . $450,000
Accident Account -- State Appropriation . . . . . . . . . . . . $6,722,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $6,512,000
TOTAL APPROPRIATION . . . . . . . . . . . . $480,249,000
The appropriations in this section are subject to the following
conditions and limitations: 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.
NEW SECTION. Sec. 607 FOR WASHINGTON STATE UNIVERSITY
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $169,134,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $148,786,000
Washington State University Building Account -- State
Appropriation . . . . . . . . . . . . $14,022,000
TOTAL APPROPRIATION . . . . . . . . . . . . $331,942,000
The appropriations in this section are subject to the following
conditions and limitations: 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.
NEW SECTION. Sec. 608 FOR EASTERN WASHINGTON UNIVERSITY
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $39,657,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $34,793,000
TOTAL APPROPRIATION . . . . . . . . . . . . $74,450,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $250,000 of the general fund--state appropriation for fiscal
year 2012 and $250,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely to expand mentoring and academic
support services to 150 TRIO-eligible students each year. TRIO-eligible students are low-income students, first generation college
students, and students with disabilities.
(2) 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. 609 FOR CENTRAL WASHINGTON UNIVERSITY
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $39,265,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $33,985,000
TOTAL APPROPRIATION . . . . . . . . . . . . $73,250,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $250,000 of the general fund--state appropriation for fiscal
year 2012 and $250,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely to expand mentoring and academic
support services to 150 TRIO-eligible students each year. TRIO-eligible students are low-income students, first generation college
students, and students with disabilities.
(2) 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) . . . . . . . . . . . . $21,316,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $17,941,000
TOTAL APPROPRIATION . . . . . . . . . . . . $39,257,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $250,000 of the general fund--state appropriation for fiscal
year 2012 and $250,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely to expand mentoring and academic
support services to 150 TRIO-eligible students each year. TRIO-eligible students are low-income students, first generation college
students, and students with disabilities.
(2) 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. 611 FOR WESTERN WASHINGTON UNIVERSITY
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $46,975,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $38,180,000
TOTAL APPROPRIATION . . . . . . . . . . . . $85,155,000
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) . . . . . . . . . . . . $5,457,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $10,334,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $4,364,000
TOTAL APPROPRIATION . . . . . . . . . . . . $20,155,000
The appropriations in this section are subject to the following
conditions and limitations: $5,000,000 of the general fund--state
appropriation for fiscal year 2013 is provided solely for a new
baccalaureate incentive system to be known as the bachelor degree
completion initiative. Funds shall be awarded to the six public
baccalaureate institutions for performance improvement on a set of
measures to include:
(1) Total number of undergraduate degrees completed;
(2) Increases in the number of degrees awarded in the physical and
health sciences, technology, engineering, and mathematics;
(3) Increases in the retention of first-year students receiving
need-based assistance (state need grant or Pell grants) not including
students who transfer to another institution of higher education; and
(4) The number of excess credits taken beyond what is required to
earn a bachelors degree.
The measures will be designed by the education research and data
center (ERDC). The baseline for each measure will be determined
collaboratively by the ERDC, the council of presidents, and the board.
If House Bill No. .... or Senate Bill No. .... does not pass by June
30, 2011, the appropriations in this section shall lapse.
NEW SECTION. Sec. 613 FOR THE HIGHER EDUCATION COORDINATING
BOARD -- FINANCIAL AID AND GRANT PROGRAMS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $211,051,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $237,797,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $13,150,000
Washington Opportunity Pathways Account -- State
Appropriation . . . . . . . . . . . . $147,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . $608,998,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $201,385,000 of the general fund--state appropriation for
fiscal year 2012, $230,120,000 of the general fund--state appropriation
for fiscal year 2013, $147,000,000 of the opportunity pathways
account--state appropriation, and $1,480,000 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.
(2) For the 2011-2013 fiscal biennium, the higher education
coordinating board shall not make any new awards for the Washington
scholars program, the future teachers scholarship and conditional loan
program, the health professionals conditional scholarship program, the
passport to college program, and the WICHE professional student
exchange program.
(3) For the 2011-2013 fiscal biennium, the higher education
coordinating board shall suspend the CAMP program, the community
scholarship matching grant program, child care institutional grants,
foster care endowed scholarship contributions, and the leadership 1000
program.
(4)(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.
(5) $2,900,000 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 Washington scholars and WAVE
program awards made in prior years.
(6) $1,500,000 of the general fund--state appropriation for fiscal
year 2012 and $1,200,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for passport to college program
awards made in prior years.
(7) $530,000 of the general fund--state appropriation for fiscal
year 2012 and $530,000 of the general fund--state appropriation for
fiscal year 2013 are provided solely for health professional
conditional scholarship program awards made in prior years.
NEW SECTION. Sec. 614 FOR THE WORK FORCE TRAINING AND EDUCATION
COORDINATING BOARD
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,406,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,410,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $62,782,000
TOTAL APPROPRIATION . . . . . . . . . . . . $65,598,000
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. 615 FOR THE SPOKANE INTERCOLLEGIATE RESEARCH
AND TECHNOLOGY INSTITUTE
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,320,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $1,329,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,649,000
NEW SECTION. Sec. 616 FOR THE DEPARTMENT OF EARLY LEARNING
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $18,869,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $18,834,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $244,553,000
Washington Opportunity Pathways Account -- State
Appropriation . . . . . . . . . . . . $80,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . $362,256,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $10,378,000 of the general fund -- state appropriation for fiscal
year 2012 and $10,185,000 of the general fund -- state appropriation for
fiscal year 2013, and $80,000,000 of the opportunity pathways account
appropriation are provided solely for early childhood education and
assistance program services. The priority shall be on serving four-year old children. A program may serve three-year old children at the
director's discretion based upon demonstrated need, but the number of
three-year olds shall not exceed 350. This appropriation temporarily
reduces the number of slots for the 2011-2013 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) 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.
(3) 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.
(4) 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.
(5) 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.
NEW SECTION. Sec. 617 FOR THE STATE SCHOOL FOR THE BLIND
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $6,168,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $6,125,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,970,000
TOTAL APPROPRIATION . . . . . . . . . . . . $14,263,000
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. 618 FOR THE WASHINGTON STATE CENTER FOR
CHILDHOOD DEAFNESS AND HEARING LOSS
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $8,852,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $8,839,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $526,000
TOTAL APPROPRIATION . . . . . . . . . . . . $18,217,000
NEW SECTION. Sec. 619 FOR THE WASHINGTON STATE HISTORICAL
SOCIETY
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $1,760,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $734,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,494,000
The appropriations in this section are subject to the following
conditions and limitations: The appropriations in this section are for
the preservation of the historical society's collections and archives
and to secure facilities. In addition, $430,000 of the general fund--state appropriation for fiscal year 2012 is for one-time expenses
associated with closure of the museum, including unemployment payments
and initial expenses to secure the society's buildings and collections.
NEW SECTION. Sec. 620 FOR THE EASTERN WASHINGTON STATE
HISTORICAL SOCIETY
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $900,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $400,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,300,000
The appropriations in this section are subject to the following
conditions and limitations: The appropriations in this section are for
the preservation of the historical society's collections and archives
and to secure facilities. In addition, $390,000 of the general fund--state appropriation for fiscal year 2012 is for one-time expenses
associated with closure of the museum, including unemployment payments
and initial expenses to secure the society's buildings and collections.
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) . . . . . . . . . . . . $919,080,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $971,591,000
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 . . . . . . . . . . . . $1,894,985,000
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 SALARY ADJUSTMENT
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . ($87,779,000)
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . ($88,112,000)
General Fund -- Federal Appropriation . . . . . . . . . . . . ($27,462,000)
General Fund -- Private/Local Appropriation . . . . . . . . . . . . ($2,657,000)
Various Other Accounts Appropriation . . . . . . . . . . . . ($45,490,000)
TOTAL APPROPRIATION . . . . . . . . . . . . ($251,500,000)
The appropriations in this section shall be expended solely for the
purposes designated in this section and are subject to the following
conditions and limitations:
(1) Appropriations in this section are provided solely for a 3.0
percent salary reduction effective July 1, 2011, through June 30, 2013,
for all employees of the executive, legislative, and judicial branches,
including those employees in the Washington management service, and
including employees exempt from merit system rules, except for:
(a) Elected officials whose salaries are set by the commission on
salaries for elected officials;
(b) Student employees at state institutions of higher education;
(c) Faculty employees at state institutions of higher education,
provided, however, that appropriations to higher education institutions
are reduced in an amount reflecting a 3.0 percent reduction in faculty
salary expenditures;
(d) Certificated employees of the state school for the blind and
the center for childhood deafness and hearing loss;
(e) Commissioned officers of the Washington state patrol
represented by the state patrol troopers' association and the
Washington state patrol lieutenants' association;
(f) Represented ferry workers of the Washington state department of
transportation, provided, however, that other reductions are included
in section 504 of the 2011-2013 transportation appropriations act;
(g) Employees whose salary is less than $2,500 per month; and
(h) Employees as specified in subsection (2) of this section.
(2) For employees subject to the 3.0 percent reduction in salary
under subsection (1) of this section employees will receive temporary
salary reduction leave of up to 5.2 hours per month. The director of
personnel shall adopt rules governing the accrual and use of temporary
salary reduction leave.
(3) Appropriations also reflect a 3.0 percent cost saving in
expenditures as specified in section 9-- of this act.
(4) The department of retirement systems shall include any forgone
salary or lost work hours under subsections (1) and (3) of this section
in the final average compensation of employees affected for purposes of
calculating retirement benefits, as specified in executive request
legislation Z-..../11.
(5) The appropriation from dedicated funds and accounts shall be
made in the amounts specified and from the dedicated funds and accounts
specified in OFM document 2011-01, 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 OFM document 2011-01 and adjust
appropriation schedules accordingly.
NEW SECTION. Sec. 710 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. 711 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. 712 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. 713 FOR THE DEPARTMENT OF HEALTH -- COUNTY
PUBLIC HEALTH ASSISTANCE
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. 714 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) . . . . . . . . . . . . $58,700,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $62,200,000
TOTAL APPROPRIATION . . . . . . . . . . . . $120,900,000
(2) There is appropriated for contributions to the judicial
retirement system:
General Fund -- State Appropriation (FY 2012) . . . . . . . . . . . . $11,600,000
General Fund -- State Appropriation (FY 2013) . . . . . . . . . . . . $13,100,000
TOTAL APPROPRIATION . . . . . . . . . . . . $24,700,000
NEW SECTION. Sec. 715 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. 716 FOR THE OFFICE OF FINANCIAL MANAGEMENT--WASHINGTON OPPORTUNITY PATHWAYS ACCOUNT
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $6,200,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $1,800,000
TOTAL APPROPRIATION . . . . . . . . . . . . $8,000,000
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 Washington opportunity
pathways account.
NEW SECTION. Sec. 717 FOR THE OFFICE OF FINANCIAL MANAGEMENT--WASHINGTON COMMUNITY TECHNOLOGY OPPORTUNITY ACCOUNT
General Fund--State Appropriation (FY 2012) . . . . . . . . . . . . $250,000
General Fund--State Appropriation (FY 2013) . . . . . . . . . . . . $250,000
TOTAL APPROPRIATION . . . . . . . . . . . . $500,000
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 Washington community
technology opportunity 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 . . . . . . . . . . . . $49,948,000
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 . . . . . . . . . . . . $50,000
General Fund Appropriation for habitat conservation
program distributions . . . . . . . . . . . . $3,000,000
Death Investigations Account Appropriation for
distribution to counties for publicly funded
autopsies . . . . . . . . . . . . $2,960,000
Aquatic Lands Enhancement Account Appropriation for
harbor improvement revenue distribution . . . . . . . . . . . . $160,000
Timber Tax Distribution Account Appropriation for
distribution to "timber" counties . . . . . . . . . . . . $39,478,000
County Criminal Justice Assistance Appropriation . . . . . . . . . . . . $72,493,000
Municipal Criminal Justice Assistance Appropriation . . . . . . . . . . . . $27,974,000
City-County Assistance Account Appropriation for local
government financial assistance distribution . . . . . . . . . . . . $17,947,000
Liquor Excise Tax Account Appropriation for liquor
excise tax distribution . . . . . . . . . . . . $54,252,000
Streamline 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 . . . . . . . . . . . . $49,816,000
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 . . . . . . . . . . . . $72,689,000
TOTAL APPROPRIATION . . . . . . . . . . . . $421,605,000
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 ASSISTANT ACCOUNT
Impaired Driver Safety Account Appropriation . . . . . . . . . . . . $2,454,000
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 2011-13 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 ASSISTANT ACCOUNT
Impaired Driver Safety Account Appropriation . . . . . . . . . . . . $1,635,000
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 $10,000,000 for fiscal year 2013 . . . . . . . . . . . . $20,000,000
Waste Reduction, Recycling, and Litter Control
Account: For transfer to the state general
fund, $2,000,000 for fiscal year 2012 and
$2,000,000 for fiscal year 2013 . . . . . . . . . . . . $4,000,000
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
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
Tobacco Settlement Account: For transfer to the
state general fund . . . . . . . . . . . . $158,205,000
Tobacco Settlement Account: For transfer to the
life sciences discovery fund . . . . . . . . . . . . $55,788,000
General Fund: For transfer to the streamline sales
and use tax account, $24,933,000 for fiscal year
2012 and $24,883,000 for fiscal year 2013 . . . . . . . . . . . . $49,816,000
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
Liquor Revolving Account: For transfer to the state
general fund, $42,500,000 for fiscal year 2012 and
$42,500,000 for fiscal year 2013 . . . . . . . . . . . . $85,000,000
Public Works Assistance Account: For transfer to the
drinking water assistance account, $8,000,000 for
fiscal year 2012 and $8,000,000 for fiscal year
2013 . . . . . . . . . . . . $16,000,000
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
Home Security Fund Account: For transfer to the
transitional housing operating and rent account,
$3,750,000 for fiscal year 2012 and $3,750,000 for
fiscal year 2013 . . . . . . . . . . . . $7,500,000
Enhanced 911 Account: For transfer to the disaster
response account, $3,000,000 for fiscal year 2012
and $3,000,000 for fiscal year 2013 . . . . . . . . . . . . $6,000,000
Cleanup Settlement Account: For transfer to the
state efficiency and restructuring account,
$3,500,000 for fiscal year 2012 and $3,500,000
for fiscal year 2013 . . . . . . . . . . . . $7,000,000
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 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 COMPENSATION--REVISE PENSION CONTRIBUTION
RATES
The appropriations for school districts and state agencies,
including institutions of higher education are subject to the following
conditions and limitations: Appropriations are adjusted to reflect
changes to agency appropriations to reflect savings resulting from
changes to pension plans under House Bill No. . . . or Senate Bill No.
. . . . (executive request legislation).
NEW SECTION. Sec. 907 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. 908 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. 909 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 making $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. Temporary salary reduction leave is granted
for the term of the 2011-2013 agreement.
NEW SECTION. Sec. 910 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. 911 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 making $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 making $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. Temporary salary reduction leave is granted for fiscal
year 2013. These changes will be implemented according to law.
NEW SECTION. Sec. 912 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. 913 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. 914 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 the provision of
chapter 74.39A RCW for the 2011-2013 biennium, subject to union
internal processes/procedures. Appropriations in this act include an
increase in the state's health care contribution 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 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. 915 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. 916 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. 917 AGREEMENTS AND TERMS AND CONDITIONS NOT
NEGOTIATED BY THE OFFICE OF FINANCIAL MANAGEMENT'S LABOR RELATIONS
OFFICE
No agreements under chapter 41.80 RCW have been reached between the
University of Washington, Washington State University, except as
specifically set forth in this act, Eastern Washington University, and
the Yakima Valley community college with their respective exclusive
bargaining representatives 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 agreements. For
fiscal years 2012, appropriations have been reduced in an amount equal
to a 3 percent salary reduction for all represented employees making
$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 in an amount equal to a 3 percent salary
reduction for all represented employees making $2,500 or more per
month. This reduction will be implemented according to law.
NEW SECTION. Sec. 918 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 making $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. Temporary salary reduction leave is
granted for the term of the 2011-2013 agreement.
NEW SECTION. Sec. 919 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. 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, $67.42 per month beginning
September 1, 2011, and $68.94 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, $67.42 each month beginning September 1, 2011, and
$68.94 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, $67.42 per month beginning
September 1, 2011, and $68.94 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, $67.42 each month beginning September 1, 2011, and
$68.94 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.
Sec. 923 RCW 15.76.115 and 2010 1st sp.s. c 37 s 912 are each
amended to read as follows:
The fair fund is created in the custody of the state treasury. All
moneys received by the department of agriculture for the purposes of
this fund and from RCW 67.16.105(((4))) (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)) biennium 2011-2013. The state treasurer shall transfer into
the fair fund from the general fund the sum of ((one million one
hundred three)) five hundred thousand dollars in fiscal year 2012 and
five hundred thousand dollars in fiscal year 2013. 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. 924 RCW 28A.600.110 and 2005 c 518 s 915 are each amended to
read as follows:
There is established by the legislature of the state of Washington
the Washington state scholars program. The purposes of this program
annually are to:
(1) Provide for the selection of three seniors residing in each
legislative district in the state graduating from high schools who have
distinguished themselves academically among their peers, except that
((during fiscal year 2007, no more than two seniors plus one alternate
may be selected)) selections shall not be made during the 2011-2013
fiscal biennium.
(2) Maximize public awareness of the academic achievement,
leadership ability, and community contribution of Washington state
public and private high school seniors through appropriate recognition
ceremonies and events at both the local and state level.
(3) Provide a listing of the Washington scholars to all Washington
state public and private colleges and universities to facilitate
communication regarding academic programs and scholarship availability.
(4) Make available a state level mechanism for utilization of
private funds for scholarship awards to outstanding high school
seniors.
(5) Provide, on written request and with student permission, a
listing of the Washington scholars to private scholarship selection
committees for notification of scholarship availability.
(6) Permit a waiver of tuition and services and activities fees as
provided for in RCW 28B.15.543 and grants under RCW 28B.76.660.
Sec. 925 RCW 28A.600.150 and 2005 c 518 s 916 are each amended to
read as follows:
Each year, three Washington scholars and one Washington scholars-alternate shall be selected from the students nominated under RCW
28A.600.140, except that ((during fiscal year 2007, no more than two
scholars plus one alternate may be selected)) selections shall not be
made during the 2011-2013 fiscal biennium. The higher education
coordinating board shall notify the students so designated, their high
school principals, the legislators of their respective districts, and
the governor when final selections have been made.
The board, in conjunction with the governor's office, shall prepare
appropriate certificates to be presented to the Washington scholars and
the Washington scholars-alternates. An awards ceremony at an
appropriate time and place shall be planned by the board in cooperation
with the Washington association of secondary school principals, and
with the approval of the governor.
Sec. 926 RCW 28B.76.660 and 2005 c 518 s 917 are each amended to
read as follows:
(1) Recipients of the Washington scholars award or the Washington
scholars-alternate award under RCW 28A.600.100 through 28A.600.150 who
choose to attend an independent college or university in this state, as
defined in subsection (4) of this section, and recipients of the award
named after June 30, 1994, who choose to attend a public college or
university in the state may receive grants under this section if moneys
are available. The higher education coordinating board shall
distribute grants to eligible students under this section from moneys
appropriated for this purpose. The individual grants shall not exceed,
on a yearly basis, the yearly, full-time, resident, undergraduate
tuition and service and activities fees in effect at the state-funded
research universities. Grants to recipients attending an independent
institution shall be contingent upon the institution matching on at
least a dollar-for-dollar basis, either with actual money or by a
waiver of fees, the amount of the grant received by the student from
the state. The higher education coordinating board shall establish
procedures, by rule, to disburse the awards as direct grants to the
students.
(2) The higher education coordinating board shall establish rules
that provide for the annual awarding of grants, if moneys are
available, to three Washington scholars per legislative district except
for ((fiscal year 2007 when no more than two scholars per district))
the 2011-2013 fiscal biennium when scholars shall not be selected; and,
if not used by an original recipient, to the Washington scholars-alternate from the same legislative district.
Beginning with scholars selected in the year 2000, if the
recipients of grants fail to demonstrate in a timely manner that they
will enroll in a Washington institution of higher education in the fall
term of the academic year following the award of the grant or are
deemed by the higher education coordinating board to have withdrawn
from college during the first academic year following the award, then
the grant shall be considered relinquished. The higher education
coordinating board may then award any remaining grant amounts to the
Washington scholars-alternate from the same legislative district if the
grants are awarded within one calendar year of the recipient being
named a Washington scholars-alternate. Washington scholars-alternates
named as recipients of the grant must also demonstrate in a timely
manner that they will enroll in a Washington institution of higher
education during the next available term, as determined by the higher
education coordinating board. The board may accept appeals and grant
waivers to the enrollment requirements of this section based on
exceptional mitigating circumstances of individual grant recipients.
To maintain eligibility for the grants, recipients must maintain a
minimum grade point average at the college or university equivalent to
3.30. Students shall be eligible to receive a maximum of twelve
quarters or eight semesters of grants for undergraduate study and may
transfer among in-state public and independent colleges and
universities during that period and continue to receive the grant as
provided under RCW 28B.76.665. If the student's cumulative grade point
average falls below 3.30 during the first three quarters or two
semesters, that student may petition the higher education coordinating
board which shall have the authority to establish a probationary period
until such time as the student's grade point average meets required
standards.
(3) No grant shall be awarded to any student who is pursuing a
degree in theology.
(4) As used in this section, "independent college or university"
means a private, nonprofit educational institution, the main campus of
which is permanently situated in the state, open to residents of the
state, providing programs of education beyond the high school level
leading at least to the baccalaureate degree, and accredited by the
northwest association of schools and colleges as of June 9, 1988, and
other institutions as may be developed that are approved by the higher
education coordinating board as meeting equivalent standards as those
institutions accredited under this section.
(5) As used in this section, "public college or university" means
an institution of higher education as defined in RCW 28B.10.016.
Sec. 927 RCW 28B.102.040 and 2008 c 170 s 306 are each amended to
read as follows:
(1) Except during the 2011-2013 fiscal biennium, the board may
select participants based on an application process conducted by the
board or the board may utilize selection processes for similar students
in cooperation with the professional educator standards board or the
office of the superintendent of public instruction.
(2) If the board selects participants for the program, it shall
establish a selection committee for screening and selecting recipients
of the conditional scholarships. The criteria shall emphasize factors
demonstrating excellence including but not limited to superior
scholastic achievement, leadership ability, community contributions,
bilingual ability, willingness to commit to providing teaching service
in shortage areas, and an ability to act as a role model for students.
Priority will be given to individuals seeking certification or an
additional endorsement in math, science, technology education,
agricultural education, business and marketing education, family and
consumer science education, or special education.
Sec. 928 RCW 28B.102.050 and 2004 c 58 s 6 are each amended to
read as follows:
Except during the 2011-2013 fiscal biennium, the board may award
conditional scholarships or provide loan repayments to eligible
participants from the funds appropriated to the board for this purpose,
or from any private donations, or any other funds given to the board
for this program. The amount of the conditional scholarship or loan
repayment awarded an individual shall not exceed the amount of tuition
and fees at the institution of higher education attended by the
participant or resident undergraduate tuition and fees at the
University of Washington per academic year for a full-time student,
whichever is lower. Participants are eligible to receive conditional
scholarships or loan repayments for a maximum of five years.
Sec. 929 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, 2011-12, and 2012-13 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, 2011-12,
and 2012-13 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.
(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. 930 RCW 28B.115.080 and 1993 c 492 s 271 are each amended to
read as follows:
((After June 1, 1992,)) Except for the 2011-12 and 2012-13 school
years, the board, in consultation with the department and the
department of social and health services, shall:
(1) Establish the annual award amount for each credentialed health
care profession which shall be based upon an assessment of reasonable
annual eligible expenses involved in training and education for each
credentialed health care profession. The annual award amount may be
established at a level less than annual eligible expenses. The annual
award amount shall be established by the board for each eligible health
profession. The awards shall not be paid for more than a maximum of
five years per individual;
(2) Determine any scholarship awards for prospective physicians in
such a manner to require the recipients declare an interest in serving
in rural areas of the state of Washington. Preference for scholarships
shall be given to students who reside in a rural physician shortage
area or a nonshortage rural area of the state prior to admission to the
eligible education and training program in medicine. Highest
preference shall be given to students seeking admission who are
recommended by sponsoring communities and who declare the intent of
serving as a physician in a rural area. The board may require the
sponsoring community located in a nonshortage rural area to financially
contribute to the eligible expenses of a medical student if the student
will serve in the nonshortage rural area;
(3) Establish the required service obligation for each credentialed
health care profession, which shall be no less than three years or no
more than five years. The required service obligation may be based
upon the amount of the scholarship or loan repayment award such that
higher awards involve longer service obligations on behalf of the
participant;
(4) Determine eligible education and training programs for purposes
of the scholarship portion of the program;
(5) Honor loan repayment and scholarship contract terms negotiated
between the board and participants prior to May 21, 1991, concerning
loan repayment and scholarship award amounts and service obligations
authorized under chapter 28B.115((, 28B.104,)) or 70.180 RCW.
Sec. 931 RCW 28B.117.030 and 2007 c 314 s 4 are each amended to
read as follows:
(1) The higher education coordinating board shall design and, to
the extent funds are appropriated for this purpose, implement, a
program of supplemental scholarship and student assistance for students
who have emancipated from the state foster care system after having
spent at least one year in care. New awards shall not be granted
beginning July 1, 2011, through June 30, 2013.
(2) The board shall convene and consult with an advisory committee
to assist with program design and implementation. The committee shall
include but not be limited to former foster care youth and their
advocates; representatives from the state board for community and
technical colleges, and from public and private agencies that assist
current and former foster care recipients in their transition to
adulthood; and student support specialists from public and private
colleges and universities.
(3) To the extent that sufficient funds have been appropriated for
this purpose, a student is eligible for assistance under this section
if he or she:
(a) Emancipated from foster care on or after January 1, 2007, after
having spent at least one year in foster care subsequent to his or her
sixteenth birthday;
(b) Is a resident student, as defined in RCW 28B.15.012(2);
(c) Is enrolled with or will enroll on at least a half-time basis
with an institution of higher education in Washington state by the age
of twenty-one;
(d) Is making satisfactory academic progress toward the completion
of a degree or certificate program, if receiving supplemental
scholarship assistance;
(e) Has not earned a bachelor's or professional degree; and
(f) Is not pursuing a degree in theology.
(4) A passport to college scholarship under this section:
(a) Shall not exceed resident undergraduate tuition and fees at the
highest-priced public institution of higher education in the state; and
(b) Shall not exceed the student's financial need, less a
reasonable self-help amount defined by the board, when combined with
all other public and private grant, scholarship, and waiver assistance
the student receives.
(5) An eligible student may receive a passport to college
scholarship under this section for a maximum of five years after the
student first enrolls with an institution of higher education or until
the student turns age twenty-six, whichever occurs first. If a student
turns age twenty-six during an academic year, and would otherwise be
eligible for a scholarship under this section, the student shall
continue to be eligible for a scholarship for the remainder of the
academic year.
(6) The higher education coordinating board, in consultation with
and with assistance from the state board for community and technical
colleges, shall perform an annual analysis to verify that those
institutions of higher education at which students have received a
scholarship under this section have awarded the student all available
need-based and merit-based grant and scholarship aid for which the
student qualifies.
(7) In designing and implementing the passport to college student
support program under this section, the board, in consultation with and
with assistance from the state board for community and technical
colleges, shall ensure that a participating college or university:
(a) Has a viable plan for identifying students eligible for
assistance under this section, for tracking and enhancing their
academic progress, for addressing their unique needs for assistance
during school vacations and academic interims, and for linking them to
appropriate sources of assistance in their transition to adulthood;
(b) Receives financial and other incentives for achieving
measurable progress in the recruitment, retention, and graduation of
eligible students.
NEW SECTION. Sec. 932 Section 931 (RCW 28B.117.030) of this act
expires June 30, 2013.
Sec. 933 RCW 28B.117.040 and 2007 c 314 s 5 are each amended to
read as follows:
Effective operation of the passport to college promise pilot
program requires early and accurate identification of former foster
care youth so that they can be linked to the financial and other
assistance that will help them succeed in college. To that end:
(1) All institutions of higher education that receive funding for
student support services under RCW 28B.117.030 shall include on their
applications for admission or on their registration materials a
question asking whether the applicant has been in foster care in
Washington state for at least one year since his or her sixteenth
birthday. All other institutions of higher education are strongly
encouraged to include such a question. No institution may consider
whether an applicant may be eligible for a scholarship or student
support services under this chapter when deciding whether the applicant
will be granted admission.
(2) The department of social and health services shall devise and
implement procedures for efficiently, promptly, and accurately
identifying students and applicants who are eligible for services under
RCW 28B.117.030, and for sharing that information with the higher
education coordinating board and with institutions of higher education.
The procedures shall include appropriate safeguards for consent by the
applicant or student before disclosure.
New awards shall not be granted beginning July 1, 2011, through
June 30, 2013.
NEW SECTION. Sec. 934 Section 933 (RCW 28B.117.040) of this act
expires June 30, 2013.
Sec. 935 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. 936 RCW 38.52.540 and 2010 1st sp.s. c 19 s 18 are each
amended to read as follows:
(1) The enhanced 911 account is created in the state treasury. All
receipts from the state enhanced 911 excise taxes imposed by RCW
82.14B.030 must be deposited into the account. Moneys in the account
must be used only to support the statewide coordination and management
of the enhanced 911 system, for the implementation of wireless enhanced
911 statewide, for the modernization of enhanced 911 emergency
communications systems statewide, and to help supplement, within
available funds, the operational costs of the system, including
adequate funding of counties to enable implementation of wireless
enhanced 911 service and reimbursement of radio communications service
companies for costs incurred in providing wireless enhanced 911 service
pursuant to negotiated contracts between the counties or their agents
and the radio communications service companies. A county must show
just cause, including but not limited to a true and accurate accounting
of the funds expended, for any inability to provide reimbursement to
radio communications service companies of costs incurred in providing
enhanced 911 service.
(2) Funds generated by the enhanced 911 excise tax imposed by RCW
82.14B.030(5) may not be distributed to any county that has not imposed
the maximum county enhanced 911 excise tax allowed under RCW
82.14B.030(1). Funds generated by the enhanced 911 excise tax imposed
by RCW 82.14B.030(6) may not be distributed to any county that has not
imposed the maximum county enhanced 911 excise tax allowed under RCW
82.14B.030(2).
(3) The state enhanced 911 coordinator, with the advice and
assistance of the enhanced 911 advisory committee, is authorized to
enter into statewide agreements to improve the efficiency of enhanced
911 services for all counties and shall specify by rule the additional
purposes for which moneys, if available, may be expended from this
account.
(4) During the 2011-2013 fiscal biennium, the legislature may
transfer from the enhanced 911 account to the disaster response account
such amounts as reflect the excess fund balance of the account.
Sec. 937 RCW 41.26.802 and 2008 c 99 s 4 are each amended to read
as follows:
(1) ((By September 30, 2011, if the prior fiscal biennium's general
state revenues exceed the previous fiscal biennium's revenues by more
than five percent, subject to appropriation by the legislature, the
state treasurer shall transfer five million dollars to the local public
safety enhancement account.)) By September 30, 2013, if the prior fiscal biennium's general
state revenues exceed the previous fiscal biennium's revenues by more
than five percent, subject to appropriation by the legislature, the
state treasurer shall transfer ten million dollars to the local public
safety enhancement account.
(2)
(((3))) (2) By September 30, 2015, if the prior fiscal biennium's
general state revenues exceed the previous fiscal biennium's revenues
by more than five percent, subject to appropriation by the legislature,
the state treasurer shall transfer twenty million dollars to the local
public safety enhancement account.
(((4))) (3) By September 30, 2017, and by September 30 of each
odd-numbered year thereafter, if the prior fiscal biennium's general
state revenues exceed the previous fiscal biennium's revenues by more
than five percent, subject to appropriation by the legislature, the
state treasurer shall transfer the lesser of one-third of the increase,
or fifty million dollars, to the local public safety enhancement
account.
Sec. 938 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. 939 RCW 41.56.028 and 2007 c 278 s 2 are each amended to
read as follows:
(1) In addition to the entities listed in RCW 41.56.020, this
chapter applies to the governor with respect to family child care
providers. Solely for the purposes of collective bargaining and as
expressly limited under subsections (2) and (3) of this section, the
governor is the public employer of family child care providers who,
solely for the purposes of collective bargaining, are public employees.
The public employer shall be represented for bargaining purposes by the
governor or the governor's designee appointed under chapter 41.80 RCW.
(2) This chapter governs the collective bargaining relationship
between the governor and family child care providers, except as
follows:
(a) A statewide unit of all family child care providers is the only
unit appropriate for purposes of collective bargaining under RCW
41.56.060.
(b) The exclusive bargaining representative of family child care
providers in the unit specified in (a) of this subsection shall be the
representative chosen in an election conducted pursuant to RCW
41.56.070, except that in the initial election conducted under chapter
54, Laws of 2006, if more than one labor organization is on the ballot
and none of the choices receives a majority of the votes cast, a
run-off election shall be held.
(c) Notwithstanding the definition of "collective bargaining" in
RCW 41.56.030(4), the scope of collective bargaining for child care
providers under this section shall be limited solely to: (i) Economic
compensation, such as manner and rate of subsidy and reimbursement,
including tiered reimbursements; (ii) health and welfare benefits;
(iii) professional development and training; (iv) labor-management
committees; (v) grievance procedures; and (vi) other economic matters.
Retirement benefits shall not be subject to collective bargaining. By
such obligation neither party shall be compelled to agree to a proposal
or be required to make a concession unless otherwise provided in this
chapter.
(d) The mediation and interest arbitration provisions of RCW
41.56.430 through 41.56.470 and 41.56.480 apply, except that:
(i) With respect to commencement of negotiations between the
governor and the exclusive bargaining representative of family child
care providers, negotiations shall be commenced initially upon
certification of an exclusive bargaining representative under (a) of
this subsection and, thereafter, by February 1st of any even-numbered
year; and
(ii) The decision of the arbitration panel is not binding on the
legislature and, if the legislature does not approve the request for
funds necessary to implement the compensation and benefit provisions of
the arbitrated collective bargaining agreement, is not binding on the
state.
(e) Family child care providers do not have the right to strike.
(3) Family child care providers who are public employees solely for
the purposes of collective bargaining under subsection (1) of this
section are not, for that reason, employees of the state for any
purpose. This section applies only to the governance of the collective
bargaining relationship between the employer and family child care
providers as provided in subsections (1) and (2) of this section.
(4) This section does not create or modify:
(a) The parents' or legal guardians' right to choose and terminate
the services of any family child care provider that provides care for
their child or children;
(b) The secretary of the department of social and health services'
right to adopt requirements under RCW 74.15.030, except for
requirements related to grievance procedures and collective
negotiations on personnel matters as specified in subsection (2)(c) of
this section;
(c) Chapter 26.44 RCW, RCW 43.43.832, 43.20A.205, and 74.15.130;
and
(d) The legislature's right to make programmatic modifications to
the delivery of state services through child care subsidy programs,
including standards of eligibility of parents, legal guardians, and
family child care providers participating in child care subsidy
programs, and the nature of services provided. The governor shall not
enter into, extend, or renew any agreement under this section that does
not expressly reserve the legislative rights described in this
subsection (4)(d).
(5) Upon meeting the requirements of subsection (6) of this
section, the governor must submit, as a part of the proposed biennial
or supplemental operating budget submitted to the legislature under RCW
43.88.030, a request for funds necessary to implement the compensation
and benefit provisions of a collective bargaining agreement entered
into under this section or for legislation necessary to implement such
agreement.
(6) Except as provided in subsection (12) of this section, a
request for funds necessary to implement the compensation and benefit
provisions of a collective bargaining agreement entered into under this
section shall not be submitted by the governor to the legislature
unless such request has been:
(a) Submitted to the director of financial management by October
1st before the legislative session at which the request is to be
considered, except that, for initial negotiations under this section,
the request must be submitted by November 15, 2006; and
(b) Certified by the director of financial management as being
feasible financially for the state or reflects the binding decision of
an arbitration panel reached under this section.
(7) The legislature must approve or reject the submission of the
request for funds as a whole. If the legislature rejects or fails to
act on the submission, any such agreement will be reopened solely for
the purpose of renegotiating the funds necessary to implement the
agreement.
(8) The governor shall periodically consult with the joint
committee on employment relations established by RCW 41.80.010
regarding appropriations necessary to implement the compensation and
benefit provisions of any collective bargaining agreement and, upon
completion of negotiations, advise the committee on the elements of the
agreement and on any legislation necessary to implement such agreement.
(9) After the expiration date of any collective bargaining
agreement entered into under this section, all of the terms and
conditions specified in any such agreement remain in effect until the
effective date of a subsequent agreement, not to exceed one year from
the expiration date stated in the agreement, except as provided in
subsection (4)(d) of this section.
(10) If, after the compensation and 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.
(11) In enacting this section, the legislature intends to provide
state action immunity under federal and state antitrust laws for the
joint activities of family child care providers and their exclusive
bargaining representative to the extent such activities are authorized
by this chapter.
(12) For the collective bargaining agreements negotiated for the
2011-2013 fiscal biennium, 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.
Sec. 940 RCW 41.56.029 and 2007 c 184 s 1 are each amended to
read as follows:
(1) In addition to the entities listed in RCW 41.56.020, this
chapter applies to the governor with respect to adult family home
providers. Solely for the purposes of collective bargaining and as
expressly limited under subsections (2) and (3) of this section, the
governor is the public employer of adult family home providers who,
solely for the purposes of collective bargaining, are public employees.
The public employer shall be represented for bargaining purposes by the
governor or the governor's designee.
(2) There shall be collective bargaining, as defined in RCW
41.56.030, between the governor and adult family home providers, except
as follows:
(a) A statewide unit of all adult family home providers is the only
unit appropriate for purposes of collective bargaining under RCW
41.56.060.
(b) The exclusive bargaining representative of adult family home
providers in the unit specified in (a) of this subsection shall be the
representative chosen in an election conducted pursuant to RCW
41.56.070.
Bargaining authorization cards furnished as the showing of interest
in support of any representation petition or motion for intervention
filed under this section shall be exempt from disclosure under chapter
42.56 RCW.
(c) Notwithstanding the definition of "collective bargaining" in
RCW 41.56.030(4), the scope of collective bargaining for adult family
home providers under this section shall be limited solely to: (i)
Economic compensation, such as manner and rate of subsidy and
reimbursement, including tiered reimbursements; (ii) health and welfare
benefits; (iii) professional development and training; (iv) labor-management committees; (v) grievance procedures; and (vi) other
economic matters. Retirement benefits shall not be subject to
collective bargaining. By such obligation neither party shall be
compelled to agree to a proposal or be required to make a concession
unless otherwise provided in this chapter.
(d) In addition to the entities listed in the mediation and
interest arbitration provisions of RCW 41.56.430 through 41.56.470 and
41.56.480, the provisions apply to the governor or the governor's
designee and the exclusive bargaining representative of adult family
home providers, except that:
(i) In addition to the factors to be taken into consideration by an
interest arbitration panel under RCW 41.56.465, the panel shall
consider the financial ability of the state to pay for the compensation
and benefit provisions of a collective bargaining agreement.
(ii) The decision of the arbitration panel is not binding on the
legislature and, if the legislature does not approve the request for
funds necessary to implement the compensation and benefit provisions of
the arbitrated collective bargaining agreement, the decision is not
binding on the state.
(e) Adult family home providers do not have the right to strike.
(3) Adult family home providers who are public employees solely for
the purposes of collective bargaining under subsection (1) of this
section are not, for that reason, employees of the state for any other
purpose. This section applies only to the governance of the collective
bargaining relationship between the employer and adult family home
providers as provided in subsections (1) and (2) of this section.
(4) This section does not create or modify:
(a) The department's authority to establish a plan of care for each
consumer or its core responsibility to manage long-term care services
under chapter 70.128 RCW, including determination of the level of care
that each consumer is eligible to receive. However, at the request of
the exclusive bargaining representative, the governor or the governor's
designee appointed under chapter 41.80 RCW shall engage in collective
bargaining, as defined in RCW 41.56.030(4), with the exclusive
bargaining representative over how the department's core responsibility
affects hours of work for adult family home providers. This subsection
shall not be interpreted to require collective bargaining over an
individual consumer's plan of care;
(b) The department's obligation to comply with the federal medicaid
statute and regulations and the terms of any community-based waiver
granted by the federal department of health and human services and to
ensure federal financial participation in the provision of the
services;
(c) The legislature's right to make programmatic modifications to
the delivery of state services under chapter 70.128 RCW, including
standards of eligibility of consumers and adult family home providers
participating in the programs under chapter 70.128 RCW, and the nature
of services provided. The governor shall not enter into, extend, or
renew any agreement under this chapter that does not expressly reserve
the legislative rights described in this subsection (4)(c);
(d) The residents', parents', or legal guardians' right to choose
and terminate the services of any licensed adult family home provider;
and
(e) RCW 43.43.832, 43.20A.205, or 74.15.130.
(5) Upon meeting the requirements of subsection (6) of this
section, the governor must submit, as a part of the proposed biennial
or supplemental operating budget submitted to the legislature under RCW
43.88.030, a request for funds necessary to implement the compensation
and benefit provisions of a collective bargaining agreement entered
into under this section or for legislation necessary to implement the
agreement.
(6) Except as provided in subsection (11) of this section, a
request for funds necessary to implement the compensation and benefit
provisions of a collective bargaining agreement entered into under this
section shall not be submitted by the governor to the legislature
unless the request has been:
(a) Submitted to the director of financial management by October
1st prior to the legislative session at which the requests are to be
considered; and
(b) Certified by the director of financial management as
financially feasible for the state or reflective of a binding decision
of an arbitration panel reached under subsection (2)(d) of this
section.
(7) The legislature must approve or reject the submission of the
request for funds as a whole. If the legislature rejects or fails to
act on the submission, any collective bargaining agreement must be
reopened for the sole purpose of renegotiating the funds necessary to
implement the agreement.
(8) If, after the compensation and 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.
(9) After the expiration date of any collective bargaining
agreement entered into under this section, all of the terms and
conditions specified in the agreement remain in effect until the
effective date of a subsequent agreement, not to exceed one year from
the expiration date stated in the agreement.
(10) In enacting this section, the legislature intends to provide
state action immunity under federal and state antitrust laws for the
joint activities of adult family home providers and their exclusive
bargaining representative to the extent the activities are authorized
by this chapter.
(11) For the collective bargaining agreements negotiated for the
2011-2013 fiscal biennium, 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.
Sec. 941 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) Except as provided in subsection (8) of this section, 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 collective bargaining agreements negotiated for the
2011-2013 fiscal biennium, 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. 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. 942 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. 943 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. 944 RCW 43.09.412 and 1995 c 301 s 26 are each amended to
read as follows:
The amounts to be disbursed from the auditing services revolving
account shall be paid from funds appropriated to any and all state
agencies for auditing services or administrative expenses. State
agencies operating in whole or in part from nonappropriated funds shall
pay into the auditing services revolving account such funds as will
fully reimburse funds appropriated to the state auditor for auditing
services provided. During the 2011-2013 fiscal biennium, funds shall
not be appropriated into the auditing services revolving account and
state agencies operating in whole or in part from nonappropriated funds
shall not pay into the auditing services revolving account. During the
2011-2013 fiscal biennium, the performance audit of state government
account is the sole source of funding for auditing services provided to
state agencies by the state auditor.
The director of financial management shall allot all such funds to
the state auditor for the operation of his or her office, pursuant to
appropriation, in the same manner as appropriated funds are allocated
to other state agencies headed by elected officers under chapter 43.88
RCW.
Sec. 945 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 audit of state government account shall be the sole source
of funding for auditing services provided to state agencies by the
state auditor. Required auditing services for state agencies to be
performed in the 2011-2013 fiscal biennium includes work 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
audits of state agencies, audits of nonprofit organizations that
receive funds or contract with state agencies in accordance with OMB
circular A-133, audits of school programs, and audits under the
whistleblower act, chapter 42.40 RCW, for state agencies. 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. 946 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. 947 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. 948 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. 949 RCW 43.105.052 and 2010 1st sp.s. c 7 s 16 are each
amended to read as follows:
The department shall:
(1) Perform all duties and responsibilities the board delegates to
the department, including but not limited to:
(a) The review of agency information technology portfolios and
related requests; and
(b) Implementation of statewide and interagency policies,
standards, and guidelines;
(2) Make available information services to state agencies and local
governments and public benefit nonprofit corporations on a full cost-recovery basis. For the purposes of this section "public benefit
nonprofit corporation" means a public benefit nonprofit corporation as
defined in RCW 24.03.005 that is receiving local, state, or federal
funds either directly or through a public agency other than an Indian
tribe or political subdivision of another state. These services may
include, but are not limited to:
(a) Telecommunications services for voice, data, and video;
(b) Mainframe computing services;
(c) Support for departmental and microcomputer evaluation,
installation, and use;
(d) Equipment acquisition assistance, including leasing, brokering,
and establishing master contracts;
(e) Facilities management services for information technology
equipment, equipment repair, and maintenance service;
(f) Negotiation with local cable companies and local governments to
provide for connection to local cable services to allow for access to
these public and educational channels in the state;
(g) Office automation services;
(h) System development services; and
(i) Training.
These services are for discretionary use by customers and customers
may elect other alternatives for service if those alternatives are more
cost-effective or provide better service. Agencies may be required to
use the backbone network portions of the telecommunications services
during an initial start-up period not to exceed three years;
(3) Establish rates and fees for services provided by the
department to assure that the services component of the department is
self-supporting. A billing rate plan shall be developed for a two-year
period to coincide with the budgeting process. The rate plan shall be
subject to review at least annually by the office of financial
management. The rate plan shall show the proposed rates by each cost
center and will show the components of the rate structure as mutually
determined by the department and the office of financial management.
The same rate structure will apply to all user agencies of each cost
center. The rate plan and any adjustments to rates shall be approved
by the office of financial management. Except in the 2011-2013 fiscal
biennium, the services component shall not subsidize the operations of
the strategic planning and policy component;
(4) With the advice of the information services board and agencies,
develop a state strategic information technology plan and performance
reports as required under RCW 43.105.160;
(5) Develop plans for the department's achievement of statewide
goals and objectives set forth in the state strategic information
technology plan required under RCW 43.105.160. These plans shall
address such services as telecommunications, central and distributed
computing, local area networks, office automation, and end user
computing. The department shall seek the advice of the board in the
development of these plans;
(6) Under direction of the information services board and in
collaboration with the department of personnel, and other agencies as
may be appropriate, develop training plans and coordinate training
programs that are responsive to the needs of agencies;
(7) Identify opportunities for the effective use of information
services and coordinate appropriate responses to those opportunities;
(8) Assess agencies' projects, acquisitions, plans, information
technology portfolios, or overall information processing performance as
requested by the board, agencies, the director of financial management,
or the legislature. Agencies may be required to reimburse the
department for agency-requested reviews;
(9) Develop planning, budgeting, and expenditure reporting
requirements, in conjunction with the office of financial management,
for agencies to follow;
(10) Assist the office of financial management with budgetary and
policy review of agency plans for information services;
(11) Provide staff support from the strategic planning and policy
component to the board for:
(a) Meeting preparation, notices, and minutes;
(b) Promulgation of policies, standards, and guidelines adopted by
the board;
(c) Supervision of studies and reports requested by the board;
(d) Conducting reviews and assessments as directed by the board;
(12) Be the lead agency in coordinating video telecommunications
services for all state agencies and develop, pursuant to board
policies, standards and common specifications for leased and purchased
telecommunications equipment. The department shall not evaluate the
merits of school curriculum, higher education course offerings, or
other education and training programs proposed for transmission and/or
reception using video telecommunications resources. Nothing in this
section shall abrogate or abridge the legal responsibilities of
licensees of telecommunications facilities as licensed by the federal
communication commission on March 27, 1990; and
(13) Perform all other matters and things necessary to carry out
the purposes and provisions of this chapter.
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 3 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 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 43.185C.060 and 2007 c 427 s 6 are each amended to
read as follows:
The home security fund account is created in the state treasury,
subject to appropriation. The state's portion of the surcharge
established in RCW 36.22.179 and 36.22.1791 must be deposited in the
account. Expenditures from the account may be used only for homeless
housing programs as described in this chapter. During the 2011-2013
fiscal biennium, the legislature may transfer from the home security
fund account to the transitional housing operating and rent account
such amounts as reflect the excess fund balance of the account.
Sec. 954 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. 955 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 legislature may transfer
funds from the liquor revolving fund to the state general fund. The
transfer during the 2011-2013 fiscal biennium may not reduce the excess
fund distributions that otherwise would occur under RCW 66.08.190.
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. 956 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, this account may be used to
fund maintenance, electrical, and engineering work performed on the
liquor board's distribution center building and equipment. In
addition, during the 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. 957 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. 958 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. 959 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. 960 RCW 70.105D.130 and 2010 1st sp.s. c 37 s 947 are each
amended to read as follows:
(1) The cleanup settlement account is created in the state
treasury. The account is not intended to replace the state toxics
control account established under RCW 70.105D.070. All receipts from
the sources identified in subsection (2) of this section must be
deposited into the account. Moneys in the account may be spent only
after appropriation. Expenditures from the account may be used only as
identified in subsection (4) of this section.
(2) The following receipts must be deposited into the cleanup
settlement account:
(a) Receipts from settlements or court orders that direct payment
to the account and resolve a person's liability or potential liability
under this chapter for either or both of the following:
(i) Conducting future remedial action at a specific facility, if it
is not feasible to require the person to conduct the remedial action
based on the person's financial insolvency, limited ability to pay, or
insignificant contribution under RCW 70.105D.040(4)(a);
(ii) Assessing or addressing the injury to natural resources caused
by the release of a hazardous substance from a specific facility; and
(b) Receipts from investment of the moneys in the account.
(3) If a settlement or court order does not direct payment of
receipts described in subsection (2)(a) of this section into the
cleanup settlement account, then the receipts from any payment to the
state must be deposited into the state toxics control account.
(4) Expenditures from the cleanup settlement account may only be
used to conduct remedial actions at the specific facility or to assess
or address the injury to natural resources caused by the release of
hazardous substances from that facility for which the moneys were
deposited in the account. Conducting remedial actions or assessing or
addressing injury to natural resources includes direct expenditures and
indirect expenditures such as department oversight costs. During the
2009-2011 and 2011-2013 fiscal ((biennium)) biennia, the legislature
may transfer excess fund balances in the account into the state
efficiency and restructuring account. Transfers of excess fund
balances made under this section shall be made only to the extent
amounts transferred with required repayments do not impair the ten-year
spending plan administered by the department of ecology for
environmental remedial actions dedicated for any designated clean-up
site associated with the Everett smelter and Tacoma smelter, including
plumes, or former Asarco mine sites. The cleanup settlement account
must be repaid with interest under provisions of the state efficiency
and restructuring account.
(5) The department shall track moneys received, interest earned,
and moneys expended separately for each facility.
(6) After the department determines that all remedial actions at a
specific facility, and all actions assessing or addressing injury to
natural resources caused by the release of hazardous substances from
that facility, are completed, including payment of all related costs,
any moneys remaining for the specific facility must be transferred to
the state toxics control account established under RCW 70.105D.070.
(7) The department shall provide the office of financial management
and the fiscal committees of the legislature with a report by October
31st of each year regarding the activity within the cleanup settlement
account during the previous fiscal year.
Sec. 961 RCW 74.39A.300 and 2004 c 3 s 2 are each amended to read
as follows:
(1) Upon meeting the requirements of subsection (2) of this
section, the governor must submit, as a part of the proposed biennial
or supplemental operating budget submitted to the legislature under RCW
43.88.030, a request for funds necessary to administer chapter 3, Laws
of 2002 and to implement the compensation and fringe benefits
provisions of a collective bargaining agreement entered into under RCW
74.39A.270 or for legislation necessary to implement such agreement.
(2) Except as provided in subsection (8) of this section, a request
for funds necessary to implement the compensation and fringe benefits
provisions of a collective bargaining agreement entered into under RCW
74.39A.270 shall not be submitted by the governor to the legislature
unless such request:
(a) Has been submitted to the director of financial management by
October 1st prior to the legislative session at which the request is to
be considered; and
(b) Has been certified by the director of financial management as
being feasible financially for the state or reflects the binding
decision of an arbitration panel reached under RCW 74.39A.270(2)(c).
(3) The legislature must approve or reject the submission of the
request for funds as a whole. If the legislature rejects or fails to
act on the submission, any such agreement will be reopened solely for
the purpose of renegotiating the funds necessary to implement the
agreement.
(4) When any increase in individual provider wages or benefits is
negotiated or agreed to, no increase in wages or benefits negotiated or
agreed to under this chapter will take effect unless and until, before
its implementation, the department has determined that the increase is
consistent with federal law and federal financial participation in the
provision of services under Title XIX of the federal social security
act.
(5) The governor shall periodically consult with the joint
committee on employment relations established by RCW 41.80.010
regarding appropriations necessary to implement the compensation and
fringe benefits provisions of any collective bargaining agreement and,
upon completion of negotiations, advise the committee on the elements
of the agreement and on any legislation necessary to implement such
agreement.
(6) After the expiration date of any collective bargaining
agreement entered into under RCW 74.39A.270, all of the terms and
conditions specified in any such agreement remain in effect until the
effective date of a subsequent agreement, not to exceed one year from
the expiration date stated in the agreement, except as provided in RCW
74.39A.270(6)(f).
(7) If, after the compensation and 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.
(8) For the collective bargaining agreements negotiated for the
2011-2013 fiscal biennium, 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.
Sec. 962 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 and 2011-2013 fiscal ((biennium)) biennia,
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. 963 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
fiscal biennium, the aquatic lands enhancement account may also be used
for scientific research as part of the adaptive management process.
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. 964 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.
NEW SECTION. Sec. 965 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. 966 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.