BILL REQ. #: S-1123.1
| State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 02/08/13.
AN ACT Relating to eliminating accounts and funds; amending RCW 41.06.280, 43.19.025, 64.44.060, 70.116.134, 41.05.140, 82.45.180, and 70.122.130; reenacting and amending RCW 43.84.092, 43.84.092, 43.79A.040, 70.47.100, and 82.44.180; creating new sections; repealing RCW 43.19.730, 43.70.325, 43.338.030, 46.68.210, 46.68.330, and 70.122.140; repealing 2006 c 372 s 715 (uncodified); providing an effective date; providing a contingent effective date; providing a contingent expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 41.06.280 and 2011 1st sp.s. c 43 s 419 are each
amended to read as follows:
There is hereby created a fund within the state treasury,
designated as the "personnel service fund," to be used by the office of
financial management ((and the department of enterprise services)) as
a revolving fund for the payment of salaries, wages, and operations
required for the administration of the provisions of this chapter,
applicable provisions of chapter 41.04 RCW, and chapter 41.60 RCW. An
amount not to exceed one and one-half percent of the salaries and wages
for all positions in the classified service in each of the agencies
subject to this chapter, except the institutions of higher education,
shall be charged to the operations appropriations of each agency and
credited to the personnel service fund as the allotments are approved
pursuant to chapter 43.88 RCW. Subject to the above limitations, the
amount shall be charged against the allotments pro rata, at a rate to
be fixed by the director from time to time which, together with income
derived from services rendered under RCW 41.06.080, will provide the
office of financial management ((and the department of enterprise
services)) with funds to meet its anticipated expenditures during the
allotment period, including the training requirements in RCW 41.06.500
The director shall fix the terms and charges for services rendered
by ((the department of enterprise services and)) the office of
financial management pursuant to RCW 41.06.080, which amounts shall be
credited to the personnel service fund and charged against the proper
fund or appropriation of the recipient of such services on a monthly
basis. Payment for services so rendered under RCW 41.06.080 shall be
made on a monthly basis to the state treasurer and deposited in the
personnel service fund.
Moneys from the personnel service fund shall be disbursed by the
state treasurer by warrants on vouchers duly authorized by the office
of financial management ((and the department of enterprise services)).
Sec. 2 RCW 43.19.025 and 2011 1st sp.s. c 43 s 202 are each
amended to read as follows:
The enterprise services account is created in the custody of the
state treasurer and shall be used for all activities ((previously
budgeted and accounted for in the following internal service funds:
The motor transport account, the enterprise services management fund,
the enterprise services facilities and services revolving fund, the
central stores revolving fund, the surplus property purchase revolving
fund, and the energy efficiency services account)) conducted by the
department, except information technology services. Only the director
or the director's designee may authorize expenditures from the account.
The account is subject to the allotment procedures under chapter 43.88
RCW, but an appropriation is not required for expenditures.
Sec. 3 RCW 43.84.092 and 2012 c 198 s 2, 2012 c 196 s 7, 2012 c
187 s 14, and 2012 c 83 s 4 are each reenacted and amended to read as
follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The aeronautics account, the
aircraft search and rescue account, the Alaskan Way viaduct replacement
project account, the budget stabilization account, the capital vessel
replacement account, the capitol building construction account, the
Cedar River channel construction and operation account, the Central
Washington University capital projects account, the charitable,
educational, penal and reformatory institutions account, the cleanup
settlement account, the Columbia river basin water supply development
account, the Columbia river basin taxable bond water supply development
account, the Columbia river basin water supply revenue recovery
account, the common school construction fund, the county arterial
preservation account, the county criminal justice assistance account,
the deferred compensation administrative account, the deferred
compensation principal account, the department of licensing services
account, the department of retirement systems expense account, the
developmental disabilities community trust account, the drinking water
assistance account, the drinking water assistance administrative
account, the drinking water assistance repayment account, the Eastern
Washington University capital projects account, the Interstate 405
express toll lanes operations account, the education construction fund,
the education legacy trust account, the election account, the energy
freedom account, the energy recovery act account, the essential rail
assistance account, The Evergreen State College capital projects
account, the federal forest revolving account, the ferry bond
retirement fund, ((the freight congestion relief account,)) the freight
mobility investment account, the freight mobility multimodal account,
the grade crossing protective fund, the public health services account,
the high capacity transportation account, the state higher education
construction account, the higher education construction account, the
highway bond retirement fund, the highway infrastructure account, the
highway safety ((account [fund])) fund, the high occupancy toll lanes
operations account, the hospital safety net assessment fund, the
industrial insurance premium refund account, the judges' retirement
account, the judicial retirement administrative account, the judicial
retirement principal account, the local leasehold excise tax account,
the local real estate excise tax account, the local sales and use tax
account, the marine resources stewardship trust account, the medical
aid account, the mobile home park relocation fund, the motor vehicle
fund, the motorcycle safety education account, the multimodal
transportation account, the municipal criminal justice assistance
account, the natural resources deposit account, the oyster reserve land
account, the pension funding stabilization account, the perpetual
surveillance and maintenance account, the public employees' retirement
system plan 1 account, the public employees' retirement system combined
plan 2 and plan 3 account, the public facilities construction loan
revolving account beginning July 1, 2004, the public health
supplemental account, ((the public transportation systems account,))
the public works assistance account, the Puget Sound capital
construction account, the Puget Sound ferry operations account, ((the
Puyallup tribal settlement account,)) the real estate appraiser
commission account, the recreational vehicle account, the regional
mobility grant program account, the resource management cost account,
the rural arterial trust account, the rural mobility grant program
account, the rural Washington loan fund, the site closure account, the
skilled nursing facility safety net trust fund, the small city pavement
and sidewalk account, the special category C account, the special
wildlife account, the state employees' insurance account, the state
employees' insurance reserve account, the state investment board
expense account, the state investment board commingled trust fund
accounts, the state patrol highway account, the state route number 520
civil penalties account, the state route number 520 corridor account,
the state wildlife account, the supplemental pension account, the
Tacoma Narrows toll bridge account, the teachers' retirement system
plan 1 account, the teachers' retirement system combined plan 2 and
plan 3 account, the tobacco prevention and control account, the tobacco
settlement account, the toll facility bond retirement account, the
transportation 2003 account (nickel account), the transportation
equipment fund, the transportation fund, the transportation improvement
account, the transportation improvement board bond retirement account,
the transportation infrastructure account, the transportation
partnership account, the traumatic brain injury account, the tuition
recovery trust fund, the University of Washington bond retirement fund,
the University of Washington building account, the volunteer
firefighters' and reserve officers' relief and pension principal fund,
the volunteer firefighters' and reserve officers' administrative fund,
the Washington judicial retirement system account, the Washington law
enforcement officers' and firefighters' system plan 1 retirement
account, the Washington law enforcement officers' and firefighters'
system plan 2 retirement account, the Washington public safety
employees' plan 2 retirement account, the Washington school employees'
retirement system combined plan 2 and 3 account, the Washington state
economic development commission account, the Washington state health
insurance pool account, the Washington state patrol retirement account,
the Washington State University building account, the Washington State
University bond retirement fund, the water pollution control revolving
fund, and the Western Washington University capital projects account.
Earnings derived from investing balances of the agricultural permanent
fund, the normal school permanent fund, the permanent common school
fund, the scientific permanent fund, the state university permanent
fund, and the state reclamation revolving account shall be allocated to
their respective beneficiary accounts.
(b) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the state treasury that
deposits funds into a fund or account in the state treasury pursuant to
an agreement with the office of the state treasurer shall receive its
proportionate share of earnings based upon each account's or fund's
average daily balance for the period.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 4 RCW 43.84.092 and 2012 c 198 s 2, 2012 c 196 s 7, 2012 c
187 s 14, 2012 c 83 s 4, and 2012 c 36 s 5 are each reenacted and
amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The aeronautics account, the
aircraft search and rescue account, the Alaskan Way viaduct replacement
project account, the budget stabilization account, the capital vessel
replacement account, the capitol building construction account, the
Cedar River channel construction and operation account, the Central
Washington University capital projects account, the charitable,
educational, penal and reformatory institutions account, the cleanup
settlement account, the Columbia river basin water supply development
account, the Columbia river basin taxable bond water supply development
account, the Columbia river basin water supply revenue recovery
account, the Columbia river crossing project account, the common school
construction fund, the county arterial preservation account, the county
criminal justice assistance account, the deferred compensation
administrative account, the deferred compensation principal account,
the department of licensing services account, the department of
retirement systems expense account, the developmental disabilities
community trust account, the drinking water assistance account, the
drinking water assistance administrative account, the drinking water
assistance repayment account, the Eastern Washington University capital
projects account, the Interstate 405 express toll lanes operations
account, the education construction fund, the education legacy trust
account, the election account, the energy freedom account, the energy
recovery act account, the essential rail assistance account, The
Evergreen State College capital projects account, the federal forest
revolving account, the ferry bond retirement fund, ((the freight
congestion relief account,)) the freight mobility investment account,
the freight mobility multimodal account, the grade crossing protective
fund, the public health services account, the high capacity
transportation account, the state higher education construction
account, the higher education construction account, the highway bond
retirement fund, the highway infrastructure account, the highway safety
((account [fund])) fund, the high occupancy toll lanes operations
account, the hospital safety net assessment fund, the industrial
insurance premium refund account, the judges' retirement account, the
judicial retirement administrative account, the judicial retirement
principal account, the local leasehold excise tax account, the local
real estate excise tax account, the local sales and use tax account,
the marine resources stewardship trust account, the medical aid
account, the mobile home park relocation fund, the motor vehicle fund,
the motorcycle safety education account, the multimodal transportation
account, the municipal criminal justice assistance account, the natural
resources deposit account, the oyster reserve land account, the pension
funding stabilization account, the perpetual surveillance and
maintenance account, the public employees' retirement system plan 1
account, the public employees' retirement system combined plan 2 and
plan 3 account, the public facilities construction loan revolving
account beginning July 1, 2004, the public health supplemental account,
((the public transportation systems account,)) the public works
assistance account, the Puget Sound capital construction account, the
Puget Sound ferry operations account, ((the Puyallup tribal settlement
account,)) the real estate appraiser commission account, the
recreational vehicle account, the regional mobility grant program
account, the resource management cost account, the rural arterial trust
account, the rural mobility grant program account, the rural Washington
loan fund, the site closure account, the skilled nursing facility
safety net trust fund, the small city pavement and sidewalk account,
the special category C account, the special wildlife account, the state
employees' insurance account, the state employees' insurance reserve
account, the state investment board expense account, the state
investment board commingled trust fund accounts, the state patrol
highway account, the state route number 520 civil penalties account,
the state route number 520 corridor account, the state wildlife
account, the supplemental pension account, the Tacoma Narrows toll
bridge account, the teachers' retirement system plan 1 account, the
teachers' retirement system combined plan 2 and plan 3 account, the
tobacco prevention and control account, the tobacco settlement account,
the toll facility bond retirement account, the transportation 2003
account (nickel account), the transportation equipment fund, the
transportation fund, the transportation improvement account, the
transportation improvement board bond retirement account, the
transportation infrastructure account, the transportation partnership
account, the traumatic brain injury account, the tuition recovery trust
fund, the University of Washington bond retirement fund, the University
of Washington building account, the volunteer firefighters' and reserve
officers' relief and pension principal fund, the volunteer
firefighters' and reserve officers' administrative fund, the Washington
judicial retirement system account, the Washington law enforcement
officers' and firefighters' system plan 1 retirement account, the
Washington law enforcement officers' and firefighters' system plan 2
retirement account, the Washington public safety employees' plan 2
retirement account, the Washington school employees' retirement system
combined plan 2 and 3 account, the Washington state economic
development commission account, the Washington state health insurance
pool account, the Washington state patrol retirement account, the
Washington State University building account, the Washington State
University bond retirement fund, the water pollution control revolving
fund, and the Western Washington University capital projects account.
Earnings derived from investing balances of the agricultural permanent
fund, the normal school permanent fund, the permanent common school
fund, the scientific permanent fund, the state university permanent
fund, and the state reclamation revolving account shall be allocated to
their respective beneficiary accounts.
(b) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the state treasury that
deposits funds into a fund or account in the state treasury pursuant to
an agreement with the office of the state treasurer shall receive its
proportionate share of earnings based upon each account's or fund's
average daily balance for the period.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 5 RCW 43.79A.040 and 2012 c 198 s 8, 2012 c 196 s 6, 2012 c
187 s 13, and 2012 c 114 s 3 are each reenacted and amended to read as
follows:
(1) Money in the treasurer's trust fund may be deposited, invested,
and reinvested by the state treasurer in accordance with RCW 43.84.080
in the same manner and to the same extent as if the money were in the
state treasury, and may be commingled with moneys in the state treasury
for cash management and cash balance purposes.
(2) All income received from investment of the treasurer's trust
fund must be set aside in an account in the treasury trust fund to be
known as the investment income account.
(3) The investment income account may be utilized for the payment
of purchased banking services on behalf of treasurer's trust funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasurer or affected state
agencies. The investment income account is subject in all respects to
chapter 43.88 RCW, but no appropriation is required for payments to
financial institutions. Payments must occur prior to distribution of
earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer must distribute the earnings
credited to the investment income account to the state general fund
except under (b), (c), and (d) of this subsection.
(b) The following accounts and funds must receive their
proportionate share of earnings based upon each account's or fund's
average daily balance for the period: The Washington promise
scholarship account, the Washington advanced college tuition payment
program account, the accessible communities account, the community and
technical college innovation account, the agricultural local fund, the
American Indian scholarship endowment fund, the foster care scholarship
endowment fund, the foster care endowed scholarship trust fund, ((the
basic health plan self-insurance reserve account,)) the contract
harvesting revolving account, the Washington state combined fund drive
account, the commemorative works account, the county enhanced 911
excise tax account, the toll collection account, the developmental
disabilities endowment trust fund, the energy account, the fair fund,
the family leave insurance account, the food animal veterinarian
conditional scholarship account, the fruit and vegetable inspection
account, the future teachers conditional scholarship account, the game
farm alternative account, the GET ready for math and science
scholarship account, the Washington global health technologies and
product development account, the grain inspection revolving fund, the
industrial insurance rainy day fund, the juvenile accountability
incentive account, the law enforcement officers' and firefighters' plan
2 expense fund, the local tourism promotion account, the multiagency
permitting team account, the pilotage account, the produce railcar pool
account, the regional transportation investment district account, the
rural rehabilitation account, the stadium and exhibition center
account, the youth athletic facility account, the self-insurance
revolving fund, the children's trust fund, the Washington horse racing
commission Washington bred owners' bonus fund and breeder awards
account, the Washington horse racing commission class C purse fund
account, the individual development account program account, the
Washington horse racing commission operating account (earnings from the
Washington horse racing commission operating account must be credited
to the Washington horse racing commission class C purse fund account),
the life sciences discovery fund, the Washington state heritage center
account, ((and)) the reduced cigarette ignition propensity account, the
center for childhood deafness and hearing loss account, ((and)) the
school for the blind account, the Millersylvania park trust fund, the
public employees' and retirees' insurance reserve fund, and the
radiation perpetual maintenance fund.
(c) The following accounts and funds must receive eighty percent of
their proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The advanced right-of-way
revolving fund, the advanced environmental mitigation revolving
account, the federal narcotics asset forfeitures account, the high
occupancy vehicle account, the local rail service assistance account,
and the miscellaneous transportation programs account.
(d) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the custody of the
state treasurer that deposits funds into a fund or account in the
custody of the state treasurer pursuant to an agreement with the office
of the state treasurer shall receive its proportionate share of
earnings based upon each account's or fund's average daily balance for
the period.
(5) In conformance with Article II, section 37 of the state
Constitution, no trust accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 6 RCW 64.44.060 and 2006 c 339 s 206 are each amended to
read as follows:
(1) A contractor, supervisor, or worker may not perform
decontamination, demolition, or disposal work unless issued a
certificate by the state department of health. The department shall
establish performance standards for contractors, supervisors, and
workers by rule in accordance with chapter 34.05 RCW, the
administrative procedure act. The department shall train and test, or
may approve courses to train and test, contractors, supervisors, and
workers on the essential elements in assessing property used as an
illegal controlled substances manufacturing or storage site to
determine hazard reduction measures needed, techniques for adequately
reducing contaminants, use of personal protective equipment, methods
for proper decontamination, demolition, removal, and disposal of
contaminated property, and relevant federal and state regulations.
Upon successful completion of the training, and after a background
check, the contractor, supervisor, or worker shall be certified.
(2) The department may require the successful completion of annual
refresher courses provided or approved by the department for the
continued certification of the contractor or employee.
(3) The department shall provide for reciprocal certification of
any individual trained to engage in decontamination, demolition, or
disposal work in another state when the prior training is shown to be
substantially similar to the training required by the department. The
department may require such individuals to take an examination or
refresher course before certification.
(4) The department may deny, suspend, revoke, or place restrictions
on a certificate for failure to comply with the requirements of this
chapter or any rule adopted pursuant to this chapter. A certificate
may be denied, suspended, revoked, or have restrictions placed on it on
any of the following grounds:
(a) Failing to perform decontamination, demolition, or disposal
work under the supervision of trained personnel;
(b) Failing to perform decontamination, demolition, or disposal
work using department of health certified decontamination personnel;
(c) Failing to file a work plan;
(d) Failing to perform work pursuant to the work plan;
(e) Failing to perform work that meets the requirements of the
department and the requirements of the local health officers;
(f) Failing to properly dispose of contaminated property;
(g) Committing fraud or misrepresentation in: (i) Applying for or
obtaining a certification, recertification, or reinstatement; (ii)
seeking approval of a work plan; and (iii) documenting completion of
work to the department or local health officer;
(h) Failing the evaluation and inspection of decontamination
projects pursuant to RCW 64.44.075; or
(i) If the person has been certified pursuant to RCW 74.20A.320 by
the department of social and health services as a person who is not in
compliance with a support order or a residential or visitation order.
If the person has continued to meet all other requirements for
reinstatement during the suspension, reissuance of the license or
certificate shall be automatic upon the department's receipt of a
release issued by the department of social and health services stating
that the person is in compliance with the order.
(5) A contractor, supervisor, or worker who violates any provision
of this chapter may be assessed a fine not to exceed five hundred
dollars for each violation.
(6) The department of health shall prescribe fees as provided for
in RCW 43.70.250 for: The issuance and renewal of certificates,
conducting background checks of applicants, the administration of
examinations, and the review of training courses.
(((7) The decontamination account is hereby established in the
state treasury. All fees collected under this chapter shall be
deposited in this account. Moneys in the account may only be spent
after appropriation for costs incurred by the department in the
administration and enforcement of this chapter.))
Sec. 7 RCW 70.47.100 and 2011 1st sp.s. c 9 s 4 and 2011 c 316 s
5 are each reenacted and amended to read as follows:
(1) A managed health care system participating in the plan shall do
so by contract with the ((administrator)) director and shall provide,
directly or by contract with other health care providers, covered basic
health care services to each enrollee covered by its contract with the
((administrator)) director as long as payments from the
((administrator)) director on behalf of the enrollee are current. A
participating managed health care system may offer, without additional
cost, health care benefits or services not included in the schedule of
covered services under the plan. A participating managed health care
system shall not give preference in enrollment to enrollees who accept
such additional health care benefits or services. Managed health care
systems participating in the plan shall not discriminate against any
potential or current enrollee based upon health status, sex, race,
ethnicity, or religion. The ((administrator)) director may receive and
act upon complaints from enrollees regarding failure to provide covered
services or efforts to obtain payment, other than authorized
copayments, for covered services directly from enrollees, but nothing
in this chapter empowers the ((administrator)) director to impose any
sanctions under Title 18 RCW or any other professional or facility
licensing statute.
(2) A managed health care system shall pay a nonparticipating
provider that provides a service covered under this chapter to the
system's enrollee no more than the lowest amount paid for that service
under the managed health care system's contracts with similar providers
in the state.
(3) Pursuant to federal managed care access standards, 42 C.F.R.
Sec. 438, managed health care systems must maintain a network of
appropriate providers that is supported by written agreements
sufficient to provide adequate access to all services covered under the
contract with the authority, including hospital-based physician
services. The authority will monitor and periodically report on the
proportion of services provided by contracted providers and
nonparticipating providers, by county, for each managed health care
system to ensure that managed health care systems are meeting network
adequacy requirements. No later than January 1st of each year, the
authority will review and report its findings to the appropriate policy
and fiscal committees of the legislature for the preceding state fiscal
year.
(4) The plan shall allow, at least annually, an opportunity for
enrollees to transfer their enrollments among participating managed
health care systems serving their respective areas. The
((administrator)) director shall establish a period of at least twenty
days in a given year when this opportunity is afforded enrollees, and
in those areas served by more than one participating managed health
care system the ((administrator)) director shall endeavor to establish
a uniform period for such opportunity. The plan shall allow enrollees
to transfer their enrollment to another participating managed health
care system at any time upon a showing of good cause for the transfer.
(5) Prior to negotiating with any managed health care system, the
((administrator)) director shall determine, on an actuarially sound
basis, the reasonable cost of providing the schedule of basic health
care services, expressed in terms of upper and lower limits, and
recognizing variations in the cost of providing the services through
the various systems and in different areas of the state.
(6) In negotiating with managed health care systems for
participation in the plan, the ((administrator)) director shall adopt
a uniform procedure that includes at least the following:
(a) The ((administrator)) director shall issue a request for
proposals, including standards regarding the quality of services to be
provided; financial integrity of the responding systems; and
responsiveness to the unmet health care needs of the local communities
or populations that may be served;
(b) The ((administrator)) director shall then review responsive
proposals and may negotiate with respondents to the extent necessary to
refine any proposals;
(c) The ((administrator)) director may then select one or more
systems to provide the covered services within a local area; and
(d) The ((administrator)) director may adopt a policy that gives
preference to respondents, such as nonprofit community health clinics,
that have a history of providing quality health care services to low-income persons.
(7)(a) The ((administrator)) director may contract with a managed
health care system to provide covered basic health care services to
subsidized enrollees, nonsubsidized enrollees, health coverage tax
credit eligible enrollees, or any combination thereof. At a minimum,
such contracts issued on or after January 1, 2012, must include:
(i) Provider reimbursement methods that incentivize chronic care
management within health homes;
(ii) Provider reimbursement methods that reward health homes that,
by using chronic care management, reduce emergency department and
inpatient use; and
(iii) Promoting provider participation in the program of training
and technical assistance regarding care of people with chronic
conditions described in RCW 43.70.533, including allocation of funds to
support provider participation in the training unless the managed care
system is an integrated health delivery system that has programs in
place for chronic care management.
(b) Health home services contracted for under this subsection may
be prioritized to enrollees with complex, high cost, or multiple
chronic conditions.
(c) For the purposes of this subsection, "chronic care management,"
"chronic condition," and "health home" have the same meaning as in RCW
74.09.010.
(d) Contracts that include the items in (a)(i) through (iii) of
this subsection must not exceed the rates that would be paid in the
absence of these provisions.
(8) The ((administrator)) director may establish procedures and
policies to further negotiate and contract with managed health care
systems following completion of the request for proposal process in
subsection (6) of this section, upon a determination by the
((administrator)) director that it is necessary to provide access, as
defined in the request for proposal documents, to covered basic health
care services for enrollees.
(9) ((The administrator may implement a self-funded or self-insured
method of providing insurance coverage to subsidized enrollees, as
provided under RCW 41.05.140. Prior to implementing a self-funded or
self-insured method, the administrator shall ensure that funding
available in the basic health plan self-insurance reserve account is
sufficient for the self-funded or self-insured risk assumed, or
expected to be assumed, by the administrator. If implementing a self-funded or self-insured method, the administrator may request funds to
be moved from the basic health plan trust account or the basic health
plan subscription account to the basic health plan self-insurance
reserve account established in RCW 41.05.140.)) Subsections (2) and (3) of this section expire July 1, 2016.
(10)
Sec. 8 RCW 70.116.134 and 1991 c 18 s 1 are each amended to read
as follows:
(1) The secretary shall adopt rules pursuant to chapter 34.05 RCW
establishing criteria for designating individuals or water purveyors as
qualified satellite system management agencies. The criteria shall set
forth minimum standards for designation as a satellite system
management agency qualified to assume ownership, operation, or both, of
an existing or proposed public water system. The criteria shall
include demonstration of financial integrity and operational
capability, and may require demonstration of previous experience in
successful operation and management of a public water system.
(2) Each county shall identify potential satellite system
management agencies to the secretary for areas where: (a) No purveyor
has been designated a future service area pursuant to this chapter, or
(b) an existing purveyor is unable or unwilling to provide service.
Preference shall be given to public utilities or utility districts or
to investor-owned utilities under the jurisdiction of the utilities and
transportation commission.
(3) The secretary shall approve satellite system management
agencies meeting the established criteria and shall maintain and make
available to counties a list of approved agencies. Prior to the
construction of a new public water system, the individual(s) proposing
the new system or requesting service shall first be directed by the
local agency responsible for issuing the construction or building
permit to one or more qualified satellite system management agencies
designated for the service area where the new system is proposed for
the purpose of exploring the possibility of a satellite agency either
owning or operating the proposed new water system.
(4) Approved satellite system management agencies shall be reviewed
periodically by the secretary for continued compliance with established
criteria. The secretary may require status reports and other
information necessary for such review. Satellite system management
agencies shall be subject to reapproval at the discretion of the
secretary but not less than once every five years.
(5) The secretary may assess reasonable fees to process
applications for initial approval and for periodic review of satellite
system management agencies. ((A satellite system management account is
hereby created in the custody of the state treasurer. All receipts
from satellite system management agencies or applicants under
subsection (4) of this section shall be deposited into the account.
Funds in this account may be used only for administration of the
satellite system management program. Expenditures from the account
shall be authorized by the secretary or the secretary's designee. The
account is subject to allotment procedures under chapter 43.88 RCW, but
no appropriation is required for expenditures.))
(6) For purposes of this section, "satellite system management
agency" and "satellite agency" shall mean a person or entity that is
certified by the secretary to own or operate more than one public water
system on a regional or countywide basis, without the necessity for a
physical connection between such systems.
Sec. 9 RCW 82.44.180 and 1999 c 402 s 5 and 1999 c 94 s 31 are
each reenacted and amended to read as follows:
(((1))) The transportation fund is created in the state treasury.
Revenues under RCW ((82.44.110 and)) 82.50.510 shall be deposited into
the fund as provided in ((those)) that section((s)).
Moneys in the fund may be spent only after appropriation.
Expenditures from the fund may be used only for transportation purposes
and activities and operations of the Washington state patrol not
directly related to the policing of public highways and that are not
authorized under Article II, section 40 of the state Constitution.
(((2) There is hereby created the public transportation systems
account within the transportation fund. Moneys deposited into the
account under RCW 82.44.150(2) (b) and (c) shall be appropriated to the
transportation improvement board and allocated by the transportation
improvement board to public transportation projects submitted by the
public transportation systems as defined by chapters 36.56, 36.57, and
36.57A RCW and RCW 35.84.060 and 81.112.030, and the Washington state
ferry system, solely for:))
(a) Planning;
(b) Development of capital projects;
(c) Development of high capacity transportation systems as defined
in RCW 81.104.015;
(d) Development of high occupancy vehicle lanes and related
facilities as defined in RCW 81.100.020;
(e) Other public transportation system-related roadway projects on
state highways, county roads, or city streets;
(f) Public transportation system contributions required to fund
projects under federal programs and those approved by the
transportation improvement board from other fund sources; and
(g) Reimbursement to the general fund of tax credits authorized
under RCW 82.04.4453 and 82.16.048, subject to appropriation.
Sec. 10 RCW 41.05.140 and 2012 c 187 s 10 are each amended to
read as follows:
(1) Except for property and casualty insurance, the authority may
self-fund, self-insure, or enter into other methods of providing
insurance coverage for insurance programs under its jurisdiction,
including the basic health plan as provided in chapter 70.47 RCW. The
authority shall contract for payment of claims or other administrative
services for programs under its jurisdiction. If a program does not
require the prepayment of reserves, the authority shall establish such
reserves within a reasonable period of time for the payment of claims
as are normally required for that type of insurance under an insured
program. The authority shall endeavor to reimburse basic health plan
health care providers under this section at rates similar to the
average reimbursement rates offered by the statewide benchmark plan
determined through the request for proposal process.
(2) Reserves established by the authority for employee and retiree
benefit programs shall be held in a separate account in the custody of
the state treasurer and shall be known as the public employees' and
retirees' insurance reserve fund. The state treasurer may invest the
moneys in the reserve fund pursuant to RCW 43.79A.040.
(3) Any savings realized as a result of a program created for
employees and retirees under this section shall not be used to increase
benefits unless such use is authorized by statute.
(4) ((Reserves established by the authority to provide insurance
coverage for the basic health plan under chapter 70.47 RCW shall be
held in a separate trust account in the custody of the state treasurer
and shall be known as the basic health plan self-insurance reserve
account. The state treasurer may invest the moneys in the reserve fund
pursuant to RCW 43.79A.040.)) Any program created under this section shall be subject to
the examination requirements of chapter 48.03 RCW as if the program
were a domestic insurer. In conducting an examination, the
commissioner shall determine the adequacy of the reserves established
for the program.
(5)
(((6))) (5) The authority shall keep full and adequate accounts and
records of the assets, obligations, transactions, and affairs of any
program created under this section.
(((7))) (6) The authority shall file a quarterly statement of the
financial condition, transactions, and affairs of any program created
under this section in a form and manner prescribed by the insurance
commissioner. The statement shall contain information as required by
the commissioner for the type of insurance being offered under the
program. A copy of the annual statement shall be filed with the
speaker of the house of representatives and the president of the
senate.
(((8))) (7) The provisions of this section do not apply to the
administration of chapter 74.09 RCW.
Sec. 11 RCW 82.45.180 and 2010 1st sp.s. c 26 s 9 are each
amended to read as follows:
(1)(a) For taxes collected by the county under this chapter, the
county treasurer shall collect a five dollar fee on all transactions
required by this chapter where the transaction does not require the
payment of tax. A total of five dollars shall be collected in the form
of a tax and fee, where the calculated tax payment is less than five
dollars. Through June 30, 2006, the county treasurer shall place one
percent of the taxes collected by the county under this chapter and the
treasurer's fee in the county current expense fund to defray costs of
collection. After June 30, 2006, the county treasurer shall place one
and three-tenths percent of the taxes collected by the county under
this chapter and the treasurer's fee in the county current expense fund
to defray costs of collection. For taxes collected by the county under
this chapter before July 1, 2006, the county treasurer shall pay over
to the state treasurer and account to the department of revenue for the
proceeds at the same time the county treasurer remits funds to the
state under RCW 84.56.280. For taxes collected by the county under
this chapter after June 30, 2006, on a monthly basis the county
treasurer shall pay over to the state treasurer the month's
transmittal. The month's transmittal must be received by the state
treasurer by 12:00 p.m. on the last working day of each month. The
county treasurer shall account to the department for the month's
transmittal by the twentieth day of the month following the month in
which the month's transmittal was paid over to the state treasurer.
The state treasurer shall deposit the proceeds in the general fund.
(b) For purposes of this subsection, the definitions in this
subsection apply.
(i) "Close of business" means the time when the county treasurer
makes his or her daily deposit of proceeds.
(ii) "Month's transmittal" means all proceeds deposited by the
county through the close of business of the day that is two working
days before the last working day of the month. This definition of
"month's transmittal" shall not be construed as requiring any change in
a county's practices regarding the timing of its daily deposits of
proceeds.
(iii) "Proceeds" means moneys collected and receipted by the county
from the taxes imposed by this chapter, less the county's share of the
proceeds used to defray the county's costs of collection allowable in
(a) of this subsection.
(iv) "Working day" means a calendar day, except Saturdays, Sundays,
and all legal holidays as provided in RCW 1.16.050.
(2) For taxes collected by the department of revenue under this
chapter, the department shall remit the tax to the state treasurer who
shall deposit the proceeds of any state tax in the general fund. The
state treasurer shall deposit the proceeds of any local taxes imposed
under chapter 82.46 RCW in the local real estate excise tax account
hereby created in the state treasury. Moneys in the local real estate
excise tax account may be spent only for distribution to counties,
cities, and towns imposing a tax under chapter 82.46 RCW. Except as
provided in RCW 43.08.190, all earnings of investments of balances in
the local real estate excise tax account shall be credited to the local
real estate excise tax account and distributed to the counties, cities,
and towns monthly. Monthly the state treasurer shall make distribution
from the local real estate excise tax account to the counties, cities,
and towns the amount of tax collected on behalf of each taxing
authority. The state treasurer shall make the distribution under this
subsection without appropriation.
(3)(a) ((The real estate excise tax electronic technology account
is created in the custody of the state treasurer. An appropriation is
not required for expenditures and the account is not subject to
allotment procedures under chapter 43.88 RCW.)) Through June 30, 2010, the county treasurer shall collect an
additional five dollar fee on all transactions required by this
chapter, regardless of whether the transaction requires the payment of
tax. The county treasurer shall remit this fee to the state treasurer
at the same time the county treasurer remits funds to the state under
subsection (1) of this section. The state treasurer shall place money
from this fee in the ((
(b)real estate excise tax electronic technology
account)) general fund. By the twentieth day of the subsequent month,
the state treasurer shall distribute to each county treasurer according
to the following formula: Three-quarters of the funds available shall
be equally distributed among the thirty-nine counties; and the balance
shall be ratably distributed among the counties in direct proportion to
their population as it relates to the total state's population based on
most recent statistics by the office of financial management.
(((c))) (b) When received by the county treasurer, the funds shall
be placed in a special real estate excise tax electronic technology
fund held by the county treasurer to be used exclusively for the
development, implementation, and maintenance of an electronic
processing and reporting system for real estate excise tax affidavits.
Funds may be expended to make the system compatible with the automated
real estate excise tax system developed by the department and
compatible with the processes used in the offices of the county
assessor and county auditor. Any funds held in the account that are
not expended by the earlier of: July 1, 2015, or at such time that the
county treasurer is utilizing an electronic processing and reporting
system for real estate excise tax affidavits compatible with the
department and compatible with the processes used in the offices of the
county assessor and county auditor, revert to the special real estate
and property tax administration assistance account in accordance with
subsection (5)(c) of this section.
(4) Beginning July 1, 2010, through December 31, 2013, the county
treasurer shall continue to collect the additional five dollar fee in
subsection (3) of this section on all transactions required by this
chapter, regardless of whether the transaction requires the payment of
tax. During this period, the county treasurer shall remit this fee to
the state treasurer at the same time the county treasurer remits funds
to the state under subsection (1) of this section. The state treasurer
shall place money from this fee in the annual property revaluation
grant account created in RCW 84.41.170.
(5)(a) The real estate and property tax administration assistance
account is created in the custody of the state treasurer. An
appropriation is not required for expenditures and the account is not
subject to allotment procedures under chapter 43.88 RCW.
(b) Beginning January 1, 2014, the county treasurer must continue
to collect the additional five dollar fee in subsection (3) of this
section on all transactions required by this chapter, regardless of
whether the transaction requires the payment of tax. The county
treasurer shall deposit one-half of this fee in the special real estate
and property tax administration assistance account in accordance with
(c) of this subsection and remit the balance to the state treasurer at
the same time the county treasurer remits funds to the state under
subsection (1) of this section. The state treasurer must place money
from this fee in the real estate and property tax administration
assistance account. By the twentieth day of the subsequent month, the
state treasurer must distribute the funds to each county treasurer
according to the following formula: One-half of the funds available
must be equally distributed among the thirty-nine counties; and the
balance must be ratably distributed among the counties in direct
proportion to their population as it relates to the total state's
population based on most recent statistics by the office of financial
management.
(c) When received by the county treasurer, the funds must be placed
in a special real estate and property tax administration assistance
account held by the county treasurer to be used for:
(i) Maintenance and operation of an annual revaluation system for
property tax valuation; and
(ii) Maintenance and operation of an electronic processing and
reporting system for real estate excise tax affidavits.
Sec. 12 RCW 70.122.130 and 2006 c 108 s 2 are each amended to
read as follows:
(1) The department of health shall establish and maintain a
statewide health care declarations registry containing the health care
declarations identified in subsection (2) of this section as submitted
by residents of Washington. The department shall digitally reproduce
and store health care declarations in the registry. The department may
establish standards for individuals to submit digitally reproduced
health care declarations directly to the registry, but is not required
to review the health care declarations that it receives to ensure they
comply with the particular statutory requirements applicable to the
document. The department may contract with an organization that meets
the standards identified in this section.
(2)(a) An individual may submit any of the following health care
declarations to the department of health to be digitally reproduced and
stored in the registry:
(i) A directive, as defined by this chapter;
(ii) A durable power of attorney for health care, as authorized in
chapter 11.94 RCW;
(iii) A mental health advance directive, as defined by chapter
71.32 RCW; or
(iv) A form adopted pursuant to the department of health's
authority in RCW 43.70.480.
(b) Failure to submit a health care declaration to the department
of health does not affect the validity of the declaration.
(c) Failure to notify the department of health of a valid
revocation of a health care declaration does not affect the validity of
the revocation.
(d) The entry of a health care directive in the registry under this
section does not:
(i) Affect the validity of the document;
(ii) Take the place of any requirements in law necessary to make
the submitted document legal; or
(iii) Create a presumption regarding the validity of the document.
(3) The department of health shall prescribe a procedure for an
individual to revoke a health care declaration contained in the
registry.
(4) The registry must:
(a) Be maintained in a secure database that is accessible through
a web site maintained by the department of health;
(b) Send annual electronic messages to individuals that have
submitted health care declarations to request that they review the
registry materials to ensure that it is current;
(c) Provide individuals who have submitted one or more health care
declarations with access to their documents and the ability to revoke
their documents at all times; and
(d) Provide the personal representatives of individuals who have
submitted one or more health care declarations to the registry,
attending physicians, advanced registered nurse practitioners, health
care providers licensed by a disciplining authority identified in RCW
18.130.040 who is acting under the direction of a physician or an
advanced registered nurse practitioner, and health care facilities, as
defined in this chapter or in chapter 71.32 RCW, access to the registry
at all times.
(5) In designing the registry and web site, the department of
health shall ensure compliance with state and federal requirements
related to patient confidentiality.
(6) The department shall provide information to health care
providers and health care facilities on the registry web site regarding
the different federal and Washington state requirements to ascertain
and document whether a patient has an advance directive.
(7) The department of health may accept donations, grants, gifts,
or other forms of voluntary contributions to support activities related
to the creation and maintenance of the health care declarations
registry and statewide public education campaigns related to the
existence of the registry. ((All funds received shall be transferred
to the health care declarations registry account, created in RCW
70.122.140.)) All receipts from donations made under this section, and
other contributions and appropriations specifically made for the
purposes of creating and maintaining the registry established under
this section and statewide public education campaigns related to the
existence of the registry, shall be deposited into the general fund.
These moneys in the general fund may be spent only after appropriation.
(8) The department of health may adopt rules as necessary to
implement chapter 108, Laws of 2006.
(9) By December 1, 2008, the department shall report to the house
and senate committees on health care the following information:
(a) Number of participants in the registry;
(b) Number of health care declarations submitted by type of
declaration as defined in this section;
(c) Number of health care declarations revoked and the method of
revocation;
(d) Number of providers and facilities, by type, that have been
provided access to the registry;
(e) Actual costs of operation of the registry((;)).
(f) Donations received by the department for deposit into the
health care declarations registry account, created in RCW 70.122.140 by
type of donor
NEW SECTION. Sec. 13 The following acts or parts of acts are
each repealed:
(1) RCW 43.19.730 (Public printing revolving account) and 2011 1st
sp.s. c 43 s 307;
(2) RCW 43.70.325 (Rural health access account) and 1992 c 120 s 1;
(3) RCW 43.338.030 (Manufacturing innovation and modernization
account) and 2008 c 315 s 5;
(4) RCW 46.68.210 (Puyallup tribal settlement account) and 1991
sp.s. c 13 s 104 & 1990 c 42 s 411;
(5) RCW 46.68.330 (Freight congestion relief account) and 2007 c
514 s 2;
(6) RCW 70.122.140 (Health care declarations registry account) and
2006 c 108 s 3; and
(7) 2006 c 372 s 715 (uncodified).
NEW SECTION. Sec. 14 The office of the state treasurer, the
office of financial management, and the code reviser shall review state
statutes relating to state capital construction funds and accounts and
bond authorizations and submit to the appropriate fiscal committees of
the 2015 legislature recommended legislation for the amendment, repeal,
or decodification of those statutes that are inactive, obsolete, or no
longer necessary for continued publication in the Revised Code of
Washington.
NEW SECTION. Sec. 15 Section 3 of this act expires if the
requirements set out in section 7, chapter 36, Laws of 2012 are met.
NEW SECTION. Sec. 16 Section 4 of this act takes effect if the
requirements set out in section 7, chapter 36, Laws of 2012 are met.
NEW SECTION. Sec. 17 Any residual balance of funds remaining in
the public printing revolving account repealed by section 13 of this
act on the effective date of this section shall be transferred to the
enterprise services account. Any residual balance of funds remaining
in the Puyallup tribal settlement account repealed by section 13 of
this act on the effective date of this section shall be transferred to
the motor vehicle fund. Any residual balance of funds remaining in any
other account abolished in this act on June 30, 2013, shall be
transferred by the state treasurer to the state general fund.
NEW SECTION. Sec. 18 Except for section 4 of this act, 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 June 30, 2013.