NOTICE: Formatting and page numbering in this document may be different
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SIXTIETH DAY
__________
MORNING SESSION
__________
House Chamber, Olympia, Thursday, March 7, 1996
The House was called to order at 8:00 a.m. by the Speaker (Representative Horn presiding). The Clerk called the roll and a quorum was present.
The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Stan Aston and Wally Johnson. Prayer was offered by Reverend June Grubb, Plymouth Congregational Church, Seattle.
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
There being no objection, the Committee on Natural Resources was relieved of further consideration of House Bill No. 2609 and the bill was placed on the second reading calendar.
There being no objection, the Rules Committee was relieved of further consideration of House Bill No. 2954 and the bill was placed on the second reading calendar.
There being no objection, the Committee on Appropriations was relieved of further consideration of Engrossed Substitute Senate Bill No. 6251 and the bill was placed on the second reading calendar.
There being no objection, the Rules Committee was relieved of further consideration of Substitute Senate Bill No. 6767 and the bill was placed on the second reading calendar.
There being no objection, the Rules Committee was relieved of further consideration of Engrossed Senate Bill No. 6776 and the bill was advanced to the second reading calendar.
RESOLUTIONS
HOUSE RESOLUTION NO. 96-4732, by Representatives Carrell and Talcott
WHEREAS, The voters in the unincorporated area of Pierce County known as Lakewood did by more than a fifty-nine percent margin on March 14, 1995, vote to incorporate; and
WHEREAS, The voters did subsequently elect seven members of the first Lakewood City Council who are being led by the city's first mayor, Bill Harrison; and
WHEREAS, The Lakewood City Council acted October 30, 1995, to establish February 28, 1996, as the official date of incorporation; and
WHEREAS, The new City of Lakewood is home to more than sixty-five thousand residents, making it the seventh largest city in Washington; and
WHEREAS, The new City of Lakewood encompasses about twenty square miles of beautiful lakes, abundant woods, well-used parks such as the magnificent Fort Steilacoom Park, affordable shopping and international dining inside the 28th Legislative District; and
WHEREAS, Lakewood is proud of its rich cultural diversity, its long-time connection with good neighbors at Fort Lewis and McChord Air Force Base, its excellent educational opportunities at Pierce College and Clover Park Vocational Technical College, and its access to Puget Sound; and
WHEREAS, The residents of Lakewood will on February 28, 1996, participate in "Celebrate Lakewood," at which time the official city logo and seal will be unveiled;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives do hereby commend the good residents and leaders of the new City of Lakewood for their actions and do extend to them our best wishes for an enjoyable celebration and a prosperous future.
House Resolution No. 4732 was adopted.
HOUSE RESOLUTION NO. 96-4733, by Representatives Elliot and Linville
WHEREAS, The Pacific Northwest Region comprising of Washington, Alaska, British Columbia, Alberta, Montana, Idaho, and Oregon contains numerous border crossings between the United States and Canada; and
WHEREAS, Cultural, social, and economic exchanges between the citizens, organizations, and businesses of the region have historically been and continue to be an integral part of the regions economic and cultural development; and
WHEREAS, The historically close and constant ties between the two countries of Canada and the United States have been forged and maintained by continuous cultural exchanges ranging from fraternities, social, sports, and business clubs to name but a few; and
WHEREAS, The rapid changes in global affairs require countries to renew and enhance their ties with neighboring states and countries; and
WHEREAS, Millions of individuals cross the borders of the Pacific Northwest per annum including numerous tourists expending billions of dollars in the United States and Canada; and
WHEREAS, A border crossing fee as proposed by current federal legislation would adversely impact both the economy, culture, and quality of life for many of the regions' citizens;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives respectfully request that the United States Congress reject any proposal that would levy a fee on any individuals crossing the borders of the United States; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted to the Honorable William J. Clinton, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, each member of Congress from the State of Washington, Oregon, Montana, and Idaho, and the Secretary of the United States Customs and Immigration Department.
House Resolution No. 4733 was adopted.
HOUSE RESOLUTION NO. 96-4734, by Representatives Elliot and Linville
WHEREAS, Tourism is of vital economic and cultural importance to the states and provinces of the Pacific Northwest comprised of Washington, Alaska, Alberta, British Columbia, Idaho, Montana, and Oregon; and
WHEREAS, The State and Provincial governments of the Pacific Northwest are members of the Pacific Northwest Economic Region, a nonprofit public-private partnership established to promote regional economic cooperation; and
WHEREAS, The States and Provinces of the Pacific Northwest Region expend in excess of $50 million per year to promote the tourism industry and attract millions of tourists from throughout North America and the World; and
WHEREAS, The tourism industry constitutes billions of dollars in economic activity for the States and Provinces of the Pacific Northwest Region; and
WHEREAS, The States and Provinces of the Pacific Northwest Economic Region have undertaken numerous collaborative and innovative tourism initiatives that have been successful in promoting tourism in the region and have laid the ground work for ongoing cooperative tourism development efforts; and
WHEREAS, Current proposals before Congress to establish a National Tourism Board and a National Tourism Organization to develop a national travel and tourism strategy to promote tourism in the United States is of considerable importance to the States of the Pacific Northwest; and
WHEREAS, Participation on the National Tourism Board and the National Tourism Organization is of vital interest and importance to the States of the Pacific Northwest;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives respectfully request that a public and a private sector representative of the Pacific Northwest Economic Region be appointed to the National Tourism Board and the National Tourism Organization respectively; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted to the Honorable William J. Clinton, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the States of Alaska, Idaho, Montana, Oregon, and Washington.
House Resolution No. 4734 was adopted.
The Speaker (Representative Horn presiding) declared the House to be at ease.
The Speaker called the House to order.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6251, by Senate Committee on Ways & Means (originally sponsored by Senators Rinehart and West; by request of Office of Financial Management)
Making supplemental operating budget appropriations.
The bill was read the second time.
Representative Huff moved the adoption of the following amendment by Representative Huff:
Strike everything after the enacting clause and insert the following:
"PART I
GENERAL GOVERNMENT
Sec. 101. 1995 2nd sp.s. c 18 s 101 (uncodified) is amended to read as follows:
FOR THE HOUSE OF REPRESENTATIVES
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 23,862,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 23,685,000
Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 15,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((47,547,000))
47,562,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $125,000 of the appropriation in this section is for the joint legislative ethics board.
(2) The legislature shall establish a medical assistance fiscal study group to analyze health care costs and utilization to seek solutions to the rapid increases in medical assistance expenditures.
(3) The legislature shall study the process and information used to determine eligibility for the general assistance-unemployable program administered by the department of social and health services economic services administration. The legislature shall: (a) Seek assistance from medical professionals with experience in assessing physical and mental disabilities; (b) explore options to provide designated training or support services for general assistance-unemployable recipients to enable them to become employable; and (c) propose program changes to meet the funding levels provided in the 1995-97 biennial budget. Findings and proposed program changes shall be reported to the fiscal committees of the legislature no later than December 20, 1995.
(4)(a) The respective fiscal committees of the house of representatives and the senate shall evaluate the fiscal notes used by the legislature to inform it of the costs and savings estimated to result from proposed legislation. The evaluation shall identify: (i) Whether the process for developing fiscal notes has adequate controls to ensure that the data and methodologies used are current and reliable, and (ii) how the accuracy, reliability and timeliness of fiscal notes can be improved.
(b) The study shall include: (i) A review of fiscal notes on legislation pertaining to a variety of state programs; (ii) a survey of fiscal note requirements, systems, and agencies in other states; (iii) an analysis of methods used in the public and private sectors that could be used to improve the reliability and accuracy and timeliness of fiscal notes; (iv) identification of statutes, policies, and rules that should be changed to improve the reliability and accuracy of fiscal notes; (v) recommendations on when fiscal notes should be required; (vi) recommendations on the appropriate assignment of responsibility for the development of fiscal notes; and (vii) recommendations on how the process for developing fiscal notes can be changed to reduce the time it takes to produce a reliable and accurate fiscal note.
(5) Within the funds provided in this section, the legislature shall review and identify state programs or services that may be competitively contracted to produce cost savings or improvements in the quality or level of services without harm to the public good. The review will include an evaluation of results obtained in other states that have competitively contracted for these and other programs or services. The review may include specific information regarding the feasibility of privatizing the construction and operation of correctional institutions and juvenile rehabilitation facilities. A preliminary report shall be completed by January 1, 1996, and a final report by January 1, 1997.
(6) The entire water quality account appropriation is provided for a study of lake health issues as provided in Engrossed Substitute Senate Bill No. 6666. If the bill is not enacted by June 30, 1996, the appropriation shall lapse.
Sec. 102. 1995 2nd sp.s. c 18 s 102 (uncodified) is amended to read as follows:
FOR THE SENATE
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 17,397,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((19,198,000))
19,298,000
Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 15,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((36,595,000))
36,710,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $125,000 of the appropriation in this section is for the joint legislative ethics board.
(2) The legislature shall establish a medical assistance fiscal study group to analyze health care costs and utilization to seek solutions to the rapid increases in medical assistance expenditures.
(3) The legislature shall study the process and information used to determine eligibility for the general assistance-unemployable program administered by the department of social and health services economic services administration. The legislature shall: (a) Seek assistance from medical professionals with experience in assessing physical and mental disabilities; (b) explore options to provide designated training or support services for general assistance-unemployable recipients to enable them to become employable; and (c) propose program changes to meet the funding levels provided in the 1995-97 biennial budget. Findings and proposed program changes shall be reported to the fiscal committees of the legislature no later than December 20, 1995.
(4)(a) The respective fiscal committees of the house of representatives and the senate shall evaluate the fiscal notes used by the legislature to inform it of the costs and savings estimated to result from proposed legislation. The evaluation shall identify: (i) Whether the process for developing fiscal notes has adequate controls to ensure that the data and methodologies used are current and reliable, and (ii) how the accuracy, reliability and timeliness of fiscal notes can be improved.
(b) The study shall include: (i) A review of fiscal notes on legislation pertaining to a variety of state programs; (ii) a survey of fiscal note requirements, systems, and agencies in other states; (iii) an analysis of methods used in the public and private sectors that could be used to improve the reliability and accuracy and timeliness of fiscal notes; (iv) identification of statutes, policies, and rules that should be changed to improve the reliability and accuracy of fiscal notes; (v) recommendations on when fiscal notes should be required; (vi) recommendations on the appropriate assignment of responsibility for the development of fiscal notes; and (vii) recommendations on how the process for developing fiscal notes can be changed to reduce the time it takes to produce a reliable and accurate fiscal note.
(5) Within the funds provided in this section, the legislature shall review and identify state programs or services that may be competitively contracted to produce cost savings or improvements in the quality or level of services without harm to the public good. The review will include an evaluation of results obtained in other states that have competitively contracted for these and other programs or services. The review may include specific information regarding the feasibility of privatizing the construction and operation of correctional institutions and juvenile rehabilitation facilities. A preliminary report shall be completed by January 1, 1996, and a final report by January 1, 1997.
(6) The entire water quality account appropriation is provided for a study of lake health issues as provided in Engrossed Substitute Senate Bill No. 6666. If the bill is not enacted by June 30, 1996, the appropriation shall lapse.
Sec. 103. 1995 2nd sp.s. c 18 s 103 (uncodified) is amended to read as follows:
FOR THE LEGISLATIVE BUDGET COMMITTEE
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((1,557,000))
1,567,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((1,268,000))
1,361,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . $ ((2,825,000))
2,928,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $288,000 is provided solely for the legislative budget committee to conduct a performance audit of the office of the superintendent of public instruction and report its finding to the appropriate committees of the legislature by December 31, 1995. In addition to the standard items reviewed in a performance audit, the committee is directed to provide the following: (a) A determination of methods to maximize the amount of federal funds received by the state; (b) the identification of potential cost savings from any office programs which could be eliminated or transferred to the private sector; (c) an analysis of gaps and overlaps in office programs; and (d) an evaluation of the efficiency with which the office of the superintendent of public instruction operates the programs under its jurisdiction and fulfills the duties assigned to it by law. In conducting the performance audit, the legislative budget committee is also directed to use performance measures or standards used by other states or other large education organizations in developing its findings.
(2) The general fund appropriation contains sufficient funds for the legislative budget committee to perform the study required in Second Substitute Senate Bill No. 5574 regarding the transfer of forest board lands to the counties. The study shall include a review of transferred timber cutting rights on forest board land. A recommendation shall be included which addresses the use of funds from the forest development account to repurchase such cutting rights.
(3) The legislative budget committee shall study staffing models and staff deployment at the juvenile rehabilitation facilities operated by the department of social and health services at Maple Lane, Green Hill, and Echo Glen. The study shall include: (i) A comparison of current staffing levels between each institution by type of living unit; (ii) staffing levels contemplated for new living units slated for occupancy in the 1997-99 biennium; (iii) analysis of the staffing level drivers, including programming, facilities design, and security requirements; (iv) a methodology for estimating the costs or savings associated with changes to institutional populations, with recommendations concerning the appropriate use of average and marginal costs; and (v) the costs and benefits of decommissioning older living units as new living units come on line. The findings shall be reported to the appropriate committees of the legislature by December 20, 1996.
(4) The legislative budget committee shall study the extent and uses of supplemental salaries for K-12 certificated staff. In conducting the study, the committee shall consult with the legislative evaluation and accountability project committee and the superintendent of public instruction. Included in the information to be provided shall be analysis of the extent to which supplemental salaries are provided for training consistent with the skills needed once the state's performance assessment system is operational. The findings shall be reported to the education and fiscal committees of the legislature by December 20, 1996.
(5) The legislative budget committee shall provide a follow-up report to the study done by the legislative evaluation and accountability program (LEAP) in 1995 on vocational education funding. In preparing the report, the committee shall consult with LEAP. Among the issues analyzed shall be changes of expenditure patterns in vocational education since the 1995 study and development of a funding formula that identifies more discrete funding elements than the current apportionment formula. The findings shall be reported to the education and fiscal committees of the legislature by December 20, 1996.
(6) $10,000 is provided for a study to determine if a category for rear engine transit-style school buses should be added to the competitive price quote process under RCW 28A.160.195. The study shall compare identically equipped front engine and rear engine transit-style school buses of the same model year and the same capacity to determine if there is a definitive advantage in either type of bus in performance for transporting students to and from school and if there are documented savings in operating costs. The study shall include information from other states and national data regarding the use of front engine and rear engine transit-style school buses. The study shall also include information from private contractors' fleets as well as publicly owned and operated fleets. In addition, the study shall identify the cost differences, as provided by the manufacturer of the school buses, of identically equipped front engine and rear engine transit-style school buses of the same capacity. The study shall be submitted to the fiscal committees of the legislature and the superintendent of public instruction by August 1, 1996.
(7) The legislative budget committee shall conduct a survey of the use, in the state's public schools, of school nurses and other health workers and the sources of funding therefor. The survey shall be conducted during the 1996-97 school year and shall be reported to the appropriate committees of the legislature by December 1, 1997.
(8) $48,000 of the general fund appropriation is provided solely for a performance audit by the legislative budget committee of the effectiveness of the job opportunities and basic skills (JOBS) training program. The audit will examine program costs, effectiveness, and outcomes since 1994. The committee may execute an interagency agreement with the Washington state institute for public policy for an analysis of the costs, effectiveness, and outcomes of JOBS programs in other states. Administrative data necessary for the audit shall be provided by the department of social and health services, the employment security department, the state board for community and technical colleges, local government providers, and private contractors. The department of social and health services shall require contractors to provide administrative and outcome data needed for this audit. Additional data may be collected directly from clients if not available from administrative records. The report will be submitted to the appropriate committees of the legislature by December 31, 1996.
Sec. 104. 1995 2nd sp.s. c 18 s 106 (uncodified) is amended to read as follows:
FOR THE OFFICE OF THE STATE ACTUARY
Department of Retirement Systems Expense Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,573,000
The appropriation in this section is subject to the following conditions and limitations: Funding is provided in this section to study options for expanding state and school district retiree access to health benefits purchased through the health care authority and the fiscal impacts of each option. The state actuary shall conduct this study in conjunction with the office of financial management, the health care authority, and the fiscal committees of the legislature.
Sec. 105. 1995 2nd sp.s. c 18 s 110 (uncodified) is amended to read as follows:
FOR THE SUPREME COURT
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 4,419,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((4,456,000))
4,536,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((8,875,000))
8,955,000
Sec. 106. 1995 2nd sp.s. c 18 s 111 (uncodified) is amended to read as follows:
FOR THE LAW LIBRARY
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 1,607,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((1,608,000))
1,597,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((3,215,000))
3,204,000
Sec. 107. 1995 2nd sp.s. c 18 s 112 (uncodified) is amended to read as follows:
FOR THE COURT OF APPEALS
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((8,834,000))
9,000,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((8,834,000))
9,550,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((17,668,000))
18,550,000
Sec. 108. 1995 2nd sp.s. c 18 s 113 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON JUDICIAL CONDUCT
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((595,000))
755,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((606,000))
646,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((1,201,000))
1,401,000
Sec. 109. 1995 2nd sp.s. c 18 s 114 (uncodified) is amended to read as follows:
FOR THE ADMINISTRATOR FOR THE COURTS
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 11,658,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((11,728,000))
11,832,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((41,403,000))
36,605,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 35,000
Judicial Information Systems Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((6,446,000))
13,074,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((71,235,000))
73,204,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Funding provided in the judicial information systems account shall be used to fund computer systems for the supreme court, the court of appeals, and the office of the administrator for the courts. Expanding services to the courts, technology improvements, and criminal justice proposals shall receive priority consideration for the use of these funds.
(2) $63,000 of the general fund appropriation is provided solely to implement Second Substitute Senate Bill No. 5235 (judgeship for Clark county). If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.
(3) $6,510,000 of the public safety and education account appropriation is provided solely for the continuation of treatment alternatives to street crimes (TASC) programs in Pierce, Snohomish, Clark, King, Spokane, and Yakima counties.
(4) (($9,326,000 of the public safety and education account is provided solely for the indigent appeals program.)) $69,000 of the general fund appropriation is provided solely to implement Senate Bill No. 6151 (judgeship for Thurston county). If the bill is not enacted by June 30, 1996, the amount provided in this subsection shall lapse.
(5) $35,000 of the general fund appropriation is provided solely to implement Senate Bill No. 6495 (judgeships for Chelan/Douglas counties). If the bill is not enacted by June 30, 1996, the amount provided in this subsection shall lapse.
(((5))) (6) $26,000 of the public safety and education account and $((110,000)) 1,385,000 of the judicial information systems account are to implement Engrossed Substitute Senate Bill No. 5219 (domestic violence). If the bill is not enacted by June 30, 1995, the amounts provided in this subsection shall lapse.
(((6))) (7) $138,000 of the public safety and education account is provided solely for Thurston county impact costs.
(((7))) (8) $223,000 of the public safety and education account is provided solely for the gender and justice commission.
(((8))) (9) $308,000 of the public safety and education account appropriation is provided solely for the minority and justice commission.
(((9))) (10) No moneys appropriated in this section may be expended by the administrator for the courts for payments in excess of fifty percent of the employer contribution on behalf of superior court judges for insurance and health care plans and federal social security and medicare and medical aid benefits. Consistent with Article IV, section 13 of the state Constitution and 1996 Attorney General's Opinion No. 2, it is the intent of the legislature that the cost of these employer contributions shall be shared equally between the state and the county or counties in which the judges serve. The administrator for the courts shall establish procedures for the collection and disbursement of these employer contributions.
(11) $35,000 of the violence reduction and drug enforcement account appropriation is provided solely to contract with the Washington state institute for public policy to collect data and information from jurisdictions within the state of Washington and outside the state of Washington, including other nations, that have experience with developing protocols and training standards for investigating child sexual abuse. The Washington state institute for public policy shall report to the legislature on the results of this study no later than December 1, 1996.
NEW SECTION. Sec. 110. A new section is added to 1995 2nd sp.s. c 18 (uncodified) to read as follows:
FOR THE OFFICE OF PUBLIC DEFENSE
Public Safety and Education Account
Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ 5,805,000
The appropriation in this section is subject to the following conditions and limitations: If Substitute Senate Bill No. 6189 is not enacted by June 30, 1996, the appropriation in this section shall be made to the administrator for the courts.
Sec. 111. 1995 2nd sp.s. c 18 s 115 (uncodified) is amended to read as follows:
FOR THE OFFICE OF THE GOVERNOR
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,899,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((2,898,000))
4,238,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 225,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((5,797,000))
7,362,000
The appropriations in this section are subject to the following conditions and limitations: $1,340,000 of the general fund--state appropriation and $225,000 of the general fund--federal appropriation are provided solely for hiring the chair and staff of the Puget Sound action team and for other administrative expenses necessary to implement Engrossed Substitute House Bill No. 2875. If the bill is not enacted by June 30, 1996, the governor shall: Coordinate state agency plan implementation activities and technical assistance to local governments, businesses, and others in implementing plan elements; encourage citizen involvement in plan implementation; coordinate the Puget Sound ambient monitoring program and research on Puget Sound; and perform other activities related to the Puget Sound water quality management plan pursuant to RCW 90.70.902.
NEW SECTION. Sec. 112. A new section is added to 1995 2nd sp.s. c 18 (uncodified) to read as follows:
OFFICE OF THE GOVERNOR--CHILDREN AND FAMILY SERVICES. (1) There is hereby appropriated to the office of the governor for the purposes of conducting a management improvement project for the children and family services division of the department of social and health services and establishing within the governor's office a state family and children's ombudsman the sum of one million five hundred eighteen thousand dollars, or so much thereof as may be necessary, from the general fund--state for the fiscal year ending June 30, 1997. Of this amount, $1,100,000 is provided solely for allocation to the public policy institute at The Evergreen State College to direct the management improvement project for the division of children and family services. The public policy institute shall execute a contract with an objective, impartial expert in the field of organizational structure and process improvement to examine the structure and processes of the children and family services division. Activities performed pursuant to the contract must include, but are not limited to, study and development of the division's mission, goals, strategic plan, and performance-based outcome measures. The process used in examining the division shall include managers, supervisors, and front-line workers employed by the division and clients of the division. The contract shall be completed by December 1, 1996, and the results reported to the appropriate standing committees of the legislature by January 1, 1997.
(2) An oversight group is created for the management improvement project. The members of the oversight group shall be the attorney general, the chief of the state patrol, the family and children's ombudsman established under this section, and one person appointed by the governor. The oversight group shall provide assistance and direction to the staff and contractor involved in the management improvement project and shall be responsible for reporting results and recommendations from the project to the appropriate committees of the legislature. The group shall commence activities on May 1, 1996, and shall cease to exist on July 1, 1997.
(3) A legislative advisory committee is created to provide technical assistance and public input to the oversight group for the management improvement project. The committee shall consist of three members of the senate appointed by the president of the senate and three members of the house of representatives appointed by the speaker of the house. Not more than two members from each house shall be from the same political party.
(4) $418,000 of the amount appropriated in this section is provided solely for the office of the family and children's ombudsman within the governor's office. The ombudsman shall report directly to the governor and shall exercise his or her powers and duties independently of the department of social and health services. The governor shall appoint the ombudsman, subject to confirmation by the senate. The staff of the office of constituent relations in the children and family services division of the department of social and health services are transferred to the office of the ombudsman to execute the duties of the ombudsman as provided in this section. The ombudsman shall perform the following duties in connection with the management improvement project and oversight group established in this section:
(a) Provide information as appropriate on the rights and responsibilities of individuals receiving family and children's services, and on the procedures for providing these services;
(b) Investigate, upon the ombudsman's own initiative or upon receipt of a complaint, an administrative act alleged to be contrary to law, rule, or policy, imposed without an adequate statement of reason, or based on irrelevant, immaterial, or erroneous grounds. However, the ombudsman may decline to investigate any complaint as provided by rules adopted by the ombudsman;
(c) Monitor the procedures as established, implemented, and practiced by the department to carry out its responsibilities in delivering family and children's services with a view toward appropriate preservation of families and ensuring the health and safety of children;
(d) Review the facilities and procedures of state institutions and state-licensed facilities or residences serving children;
(e) Review reports relating to the unexpected deaths of minors in the care of the department receiving family and children's services and make recommendations as appropriate; and
(f) Recommend changes in the procedures for addressing the needs of families and children.
(5) The department of social and health services, child-placing agencies, and providers of children and family services shall do all of the following:
(a) Upon the ombudsman's request, grant the ombudsman or the ombudsman's designee lawful access to all relevant information, records, and documents in the possession of the department or child-placing agency that the ombudsman considers necessary in an investigation;
(b) Assist the ombudsman to obtain the necessary releases of those confidential records and documents that by law require a release to authorize access by the ombudsman;
(c) Upon deciding not to act on a finding or recommendation made by the ombudsman, provide the ombudsman with a written statement setting forth the reason or reasons for the decision; and
(d) Provide the ombudsman upon request with progress reports concerning administrative processing of a complaint.
(6) The office shall have access, on a confidential basis, to juvenile justice records under chapter 13.50 RCW.
(7) The ombudsman shall have the following rights and powers:
(a) To copy and subpoena records held by the department of social and health services, except as prohibited by law; and
(b) To request legal assistance, including appointment of special counsel through the office of the attorney general.
(8) Subsections (4), (5), (6), and (7) of this section shall be inoperative to the extent that they conflict with the provisions of Second Substitute House Bill No. 2856.
Sec. 113. 1995 2nd sp.s. c 18 s 117 (uncodified) is amended to read as follows:
FOR THE PUBLIC DISCLOSURE COMMISSION
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((1,107,000))
1,125,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((1,045,000))
1,051,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 725
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((2,152,725))
2,176,725
Sec. 114. 1995 2nd sp.s. c 18 s 118 (uncodified) is amended to read as follows:
FOR THE SECRETARY OF STATE
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((9,175,000))
10,857,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((5,924,000))
5,992,000
Archives and Records Management Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((4,330,000))
5,215,000
Department of Personnel Service Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 647,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((20,076,000))
22,711,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((3,859,975)) 5,559,975 of the general fund appropriation is provided solely to reimburse counties for the state's share of primary and general election costs and the costs of conducting mandatory recounts on state measures.
(2) $((5,183,762)) 5,233,762 of the general fund appropriation is provided solely for the verification of initiative and referendum petitions, maintenance of related voter registration records, legal advertising of state measures, and the publication and distribution of the voters and candidates pamphlet.
(3) $140,000 of the general fund appropriation is provided solely for the state's participation in the United States census block boundary suggestion program.
(4) ((The general fund appropriation for fiscal year 1996 shall be reduced by $726,000 if Engrossed Senate Bill No. 5852 (presidential preference primary) is enacted by March 15, 1996.)) $1,440,000 of the archives and records management account appropriation is provided solely for records services to local governments under Senate Bill No. 6718 and shall be paid solely out of revenue collected under that bill. If the bill is not enacted by June 30, 1996, the amount provided in this subsection shall lapse.
(5) $10,000 of the archives and records management account appropriation is provided solely for the purposes of Substitute House Bill No. 1497 (preservation of electronic public records)((,)).
Sec. 115. 1995 2nd sp.s. c 18 s 121 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER
State Treasurer's Service Account
Appropriation. .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$ ((10,454,000))
10,654,000
Sec. 116. 1995 2nd sp.s. c 18 s 122 (uncodified) is amended to read as follows:
FOR THE STATE AUDITOR
General Fund Appropriation (FY 1996).. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$ ((12,000))
78,000
General Fund Appropriation (FY 1997).. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$ ((10,000))
430,000
((Municipal Revolving Account
Appropriation. .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$ 24,886,000))
Auditing Services Revolving Account
Appropriation. .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$ 11,814,000
TOTAL APPROPRIATION. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . .$ ((36,722,000))
12,322,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Audits of school districts by the division of municipal corporations shall include findings regarding the accuracy of: (a) Student enrollment data; and (b) the experience and education of the district's certified instructional staff, as reported to the superintendent of public instruction for allocation of state funding.
(2) The state auditor, in consultation with the legislative budget committee, shall conduct a performance audit of the state investment board. In conducting the audit, the state auditor shall: (a) Establish and publish a schedule of the performance audit and shall solicit public comments relative to the operations of the state investment board at least three months prior to conducting the scheduled performance audit; (b) under the provisions of chapter 39.29 RCW, obtain and utilize a private firm to conduct the audit. The firm selected shall utilize professional staff possessing the education, training, and practical experience in auditing private and governmental entities responsible for the investment of funds necessary to capably conduct the audit required by this subsection. The firm selected for the audit shall determine the extent to which the state investment board is operating consistently with the performance audit measures developed by the state auditor, acting together with the board, the legislative budget committee, the office of financial management, the state treasurer, and other state agencies, as appropriate. The audit measures shall incorporate appropriate institutional investment industry criteria for measuring management practices and operations. The firm shall recommend in its report any actions deemed appropriate that the board can take to operate more consistently with such measures. The cost of the performance audit conducted shall be paid by the board from nonappropriated investment earnings.
(3) $486,000 of the general fund appropriation is provided solely for staff and related costs to audit special education programs that exhibit unusual rates of growth, extraordinarily high costs, or other characteristics requiring attention of the state safety net committee. The auditor shall consult with the superintendent of public instruction regarding training and other staffing assistance needed to provide expertise to the audit staff.
Sec. 117. 1995 2nd sp.s. c 18 s 119 (uncodified) is amended to read as follows:
FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((151,000))
168,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((152,000))
169,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((303,000))
337,000
Sec. 118. 1995 2nd sp.s. c 18 s 120 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON ASIAN-AMERICAN AFFAIRS
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((173,000))
180,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((173,000))
181,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((346,000))
361,000
Sec. 119. 1995 2nd sp.s. c 18 s 124 (uncodified) is amended to read as follows:
FOR THE ATTORNEY GENERAL
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,228,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((3,225,000))
3,275,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 1,624,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,250,000
State Investment Board Expense Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,000,000
New Motor Vehicle Arbitration Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,782,000
Legal Services Revolving Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 113,972,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 300,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((129,381,000))
129,431,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The attorney general shall report each fiscal year on actual legal services expenditures and actual attorney staffing levels for each agency receiving legal services. The report shall be submitted to the office of financial management and the fiscal committees of the senate and house of representatives no later than ninety days after the end of each fiscal year.
(2) The attorney general shall include, at a minimum, the following information with each bill sent to agencies receiving legal services: (a) The number of hours and cost of attorney services provided during the billing period; (b) cost of support staff services provided during the billing period; (c) attorney general overhead and central support costs charged to the agency for the billing period; (d) direct legal costs, such as filing and docket fees, charged to the agency for the billing period; and (e) other costs charged to the agency for the billing period. The attorney general may, with approval of the office of financial management change its billing system to meet the needs of its user agencies.
(3) $4,000,000 from the state investment board expense account appropriation is provided solely for attorney general costs and related expenses in aggressively pursuing litigation related to real estate investments on behalf of the state investment board. To the maximum extent possible, attorney general staff shall be used in pursuing this litigation.
(4) $50,000 of the general fund--state appropriation is provided to retain a facilitator to assist the department of natural resources, as trustee, and the state's four-year institutions of higher education, as trust beneficiaries, to develop factual issues relating to habitat conservation plans on public lands.
Sec. 120. 1995 2nd sp.s. c 18 s 125 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FINANCIAL INSTITUTIONS
Securities Regulation Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,515,000
The director of financial institutions is authorized to increase fees charged to credit unions and other persons subject to regulation of the department of financial institutions under chapters 31.12, 31.12A, and 31.13 RCW in order to cover the costs of the operation of the department's division of credit unions and to establish a reasonable reserve for the division. Pursuant to RCW 43.135.055, the director is authorized to increase fees in excess of the fiscal growth factor during the 1995-97 fiscal biennium. The fees shall be set by the director so that the projected revenue to the department's dedicated nonappropriated credit unions examination fund in fiscal year 1997 does not exceed $1,120,500, plus a one-time special assessment of $184,000.
Sec. 121. 1995 2nd sp.s. c 18 s 126 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((48,627,000))
49,164,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((47,328,000))
55,149,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((147,991,000))
149,005,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,676,000))
4,290,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 8,764,000
Waste Reduction, Recycling, and Litter Control
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,006,000))
2,206,000
Washington Marketplace Program Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 150,000
Public Works Assistance Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,068,000))
1,166,000
Building Code Council Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,289,000
Administrative Contingency Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,776,000
Low-Income Weatherization Assistance Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 923,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 6,027,000
Manufactured Home Installation Training Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((150,000))
250,000
Washington Housing Trust Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((4,686,000))
7,986,000
Public Facility Construction Revolving Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 238,000
Solid Waste Management Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 700,000
Vehicle Tire Recycling Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 499,000
Growth Management Planning and Environmental
Review Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 3,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((276,399,000))
293,582,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $6,065,000 of the general fund--state appropriation is provided solely for a contract with the Washington technology center. For work essential to the mission of the Washington technology center and conducted in partnership with universities, the center shall not pay any increased indirect rate nor increases in other indirect charges above the absolute amount paid during the 1993-95 biennium.
(2) $538,000 of the general fund--state appropriation is provided solely to implement Substitute House Bill No. 1724 (growth management).
(3) ((In order)) $1,000,000 of the general fund--state appropriation is provided to offset reductions in federal community services block grant funding for community action agencies((,)). The department shall set aside (($4,800,000)) $3,800,000 of federal community development block grant funds for distribution to local governments to allocate to community action agencies state-wide.
(4) $8,915,000 of the general fund--federal appropriation is provided solely for the drug control and system improvement formula grant program, to be distributed in state fiscal year 1996 as follows:
(a) $3,603,250 to local units of government to continue multijurisdictional drug task forces;
(b) $934,000 to the Washington state patrol for coordination, technical assistance, and investigative and supervisory staff support for multijurisdictional narcotics task forces;
(c) $456,000 to the department to continue the state-wide drug prosecution assistance program;
(d) $93,000 to the department to continue a substance-abuse treatment in jails program, to test the effect of treatment on future criminal behavior;
(e) $744,000 to the department to continue the youth violence prevention and intervention projects;
(f) $240,000 to the department for grants to support tribal law enforcement needs;
(g) $495,000 is provided to the Washington state patrol for a state-wide integrated narcotics system;
(h) $538,000 to the department for grant administration and program evaluation, monitoring, and reporting, pursuant to federal requirements;
(i) $51,000 to the Washington state patrol for data collection;
(j) $445,750 to the office of financial management for the criminal history records improvement program;
(k) $42,000 to the department to support local services to victims of domestic violence;
(l) $300,000 to the department of community, trade, and economic development for domestic violence legal advocacy;
(m) $300,000 to the department of community, trade, and economic development for grants to provide a defender training program; and
(n) $673,000 to the department of corrections for the expansion of correctional industries projects that place inmates in a realistic working and training environment.
(5) $8,699,000 of the general fund--federal appropriation is provided solely for the drug control and system improvement formula grant program, to be distributed in state fiscal year 1997 as follows:
(a) $3,600,000 to local units of government to continue multijurisdictional narcotics task forces;
(b) $934,000 to the Washington state patrol for coordination, technical assistance, and investigative and supervisory support staff for multijurisdictional narcotics task forces;
(c) $500,000 to the department to continue the state-wide drug prosecution assistance program in support of multijurisdictional narcotics task forces;
(d) $450,000 to drug courts in eastern and western Washington;
(e) $744,000 to the department to continue the youth violence prevention and intervention projects;
(f) $93,000 to the department to continue a substance-abuse treatment in jails program to test the effect of treatment on future criminal behavior;
(g) $42,000 to the department to provide training to local law enforcement officers, prosecutors, and domestic violence experts on domestic violence laws and procedures;
(h) $300,000 to the department to support local services to victims of domestic violence;
(i) $240,000 to the department for grants to support tribal law enforcement needs;
(j) $300,000 to the department for grants to provide juvenile sentencing alternative training programs to defenders;
(k) $560,000 to the department for grant administration, evaluation, monitoring, and reporting on Byrne grant programs, and the governor's council on substance abuse;
(l) $435,000 to the office of financial management for the criminal history records improvement program;
(m) $51,000 to the Washington state patrol for data collection; and
(n) $450,000 to the department of corrections for the expansion of correctional industries projects that place inmates in a realistic working and training environment.
If additional funds become available or if any funds remain unexpended for the drug control and system improvement formula grant program under this subsection, up to $95,000 additional may be used for the operation of the governor's council on substance abuse, including implementation of the recommendations of the legislative budget committee report on drug and alcohol abuse programs.
(6) $3,960,000 of the public safety and education account appropriation is provided solely for the office of crime victims' advocacy.
(((6))) (7) $216,000 of the general fund--state appropriation is provided solely to implement Engrossed Substitute House Bill No. 1010 (regulatory reform). If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.
(((7))) (8) $200,000 of the general fund--state appropriation is provided solely as a grant for the community connections program in Walla Walla county.
(((8))) (9) $30,000 of the Washington housing trust account appropriation is provided solely for the department to conduct an assessment of the per square foot cost associated with constructing or rehabilitating buildings financed by the housing trust fund for low-income housing. The department may contract with specially trained teams to conduct this assessment. The department shall report to the legislature by December 31, 1995. The report shall include:
(a) The per square foot cost of each type of housing unit financed by the housing trust fund;
(b) An assessment of the factors that affect the per square foot cost;
(c) Recommendations for reducing the per square foot cost, if possible;
(d) Guidelines for housing costs per person assisted; and
(e) Other relevant information.
(((9))) (10) $350,000 of the general fund--state appropriation is provided solely for the retired senior volunteer program.
(((10))) (11) $300,000 of the general fund--state appropriation is provided solely to implement House Bill No. 1687 (court-appointed special advocates). If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.
(((11))) (12) $50,000 of the general fund--state appropriation is provided solely for the purpose of a feasibility study of the infrastructure, logistical, and informational needs for the region involving Washington, Oregon, and British Columbia to host the summer Olympic Games in the year 2004 or 2008. The feasibility study shall be conducted using the services of a nonprofit corporation currently pursuing and having shown progress toward this purpose. The amount provided in this subsection may be expended only to the extent that it is matched on a dollar-for-dollar basis by funds for the same purpose from nonstate sources.
(((12))) (13) $100,000 of the general fund--state appropriation is provided solely as a grant to a nonprofit organization for costs associated with development of the Columbia Breaks Fire Interpretive Center.
(14) $100,000 of the general fund--state appropriation is provided solely for the Pierce county long-term care ombudsman program.
(15) $60,000 of the general fund--state appropriation is provided solely for the Pacific Northwest economic region.
(16) $500,000 of the general fund--state appropriation is provided solely for distribution to the city of Burien for analysis of the proposed Port of Seattle third runway including preparation of a draft environmental impact statement and other technical studies. The amount provided in this subsection shall not be expended directly or indirectly for litigation, public relations, or any form of consulting services for the purposes of opposing the construction of the proposed third runway.
(17) Not more than $458,000 of the general fund--state appropriation may be expended for the operation of the Pacific northwest export assistance project. The department will continue to implement a plan for assessing fees for services provided by the project. It is the intent of the legislature that the revenues raised to defray the expenditures of this program will be increased to fifty percent of the expenditures in fiscal year 1996 and seventy-five percent of the expenditures in fiscal year 1997. Beginning in fiscal year 1998, the legislature intends that this program will be fully self-supporting.
(18) $4,804,000 of the public safety and education account appropriation is provided solely for contracts with qualified legal aid programs for civil indigent legal representation pursuant to RCW 43.08.260. It is the intent of the legislature to ensure that legal aid programs receiving funds appropriated in this act pursuant to RCW 43.08.260 comply with all applicable restrictions on use of these funds. To this end, during the 1995-97 fiscal biennium the department shall monitor compliance with the authorizing legislation, shall oversee the implementation of this subsection, and shall report directly to the appropriations committee of the house of representatives and the ways and means committee of the senate.
(a) It is the intent of the legislature to improve communications between legal aid programs and persons affected by the activities of legal aid programs. There is established for the 1995-97 fiscal biennium a task force on agricultural interests/legal aid relations. The task force shall promote better understanding and cooperation between agricultural interests and legal aid programs and shall provide a forum for discussion of issues of common concern. The task force shall not involve itself in pending litigation.
(i) The task force shall consist of the following sixteen members: Four representatives of agricultural organizations, to be appointed by the legislator members; two individuals who represent the corresponding interests of legal clients, to be appointed by organizations designated by the three legal services programs; two representatives of Evergreen Legal Services, to be appointed by its board of directors; one representative each from Puget Sound Legal Assistance Foundation and Spokane Legal Services Center, each to be appointed by its directors; one member from each of the majority and minority caucuses of the house of representatives, to be appointed by the speaker of the house of representatives; one member from each of the majority and minority caucuses of the senate, to be appointed by the president of the senate; and two members of the supreme court-appointed access to justice board, to be appointed by the board. During fiscal year 1996, the task force shall be chaired by a legislative member, to be selected by the task force members. During fiscal year 1997, the committee shall be chaired by a nonlegislator member, to be selected by the task force members.
(ii) All costs associated with the meetings shall be borne by the individual task force members or by the organizations that the individuals represent. No task force member shall be eligible for reimbursement of expenses under RCW 43.03.050 or 43.03.060. Nothing in this subsection prevents the legal aid programs from using funds appropriated in this act to reimburse their representatives or the individuals representing legal clients.
(iii) The task force will meet at least four times during the first year of the biennium and as frequently as necessary thereafter at mutually agreed upon times and locations. Any member of the task force may place items on meeting agendas. Members present at the first two task force meetings shall agree upon a format for subsequent meetings.
(b) The legislature recognizes that farmworkers have the right to receive basic information and to consult with attorneys at farm labor camps without fear of intimidation or retaliation. It is the intent of the legislature and in the interest of the public to ensure the safety of all persons affected by legal aid programs' farm labor camp outreach activities. Legal aid program employees have the legal right to enter the common areas of a labor camp or to request permission of employees to enter their dwellings. Employees living in grower supplied housing have the right to refuse entry to anyone including attorneys unless they have a warrant. Individual employees living in employer supplied housing do not have the right to force legal aid program employees to leave common areas of housing (outside) as long as one person who resides in the associated dwellings wants that person to be there. Any legal aid program employee wishing to visit employees housed on grower property has the right to enter the driveway commonly used by the housing occupants. This means that if agricultural employees must use a grower's personal driveway to get to their housing, legal aid program employees also may use that driveway to access the housing without a warrant so long as at least some of the housing is occupied. When conducting outreach activities that involve entry onto labor camps, legal aid programs shall establish and abide by policies regarding conduct of outreach activities. The policies shall include a requirement that legal aid program employees identify themselves to persons whom they encounter at farm labor camps. The legal aid programs shall provide copies of their current outreach policies to known agricultural organizations and shall provide copies upon request to any owner of property on which farmworkers are housed. Legal aid program employees involved in outreach activities shall attempt to inform operators of licensed farm labor camps or their agents, and known grower organizations of the approximate time frame for outreach activities and shall cooperate with operators of farm labor camps at which farmworkers are housed in assuring compliance with all pertinent laws and ordinances, including those related to trespass and harassment. Employers who believe that Evergreen Legal Services Outreach Guidelines have been violated shall promptly provide all available information on the alleged violation to the director of Evergreen Legal Services and to the chair of the Task Force on Agricultural Interests/Legal Aid Relations. Evergreen Legal Services will promptly investigate any alleged violations of the outreach guidelines and inform the complaining party of the result. If the resolution of the investigation is not satisfactory to the complainant, the matter shall be placed on the Task Force agenda for discussion at the next scheduled meeting. Employers who believe that Evergreen Legal Services staff members have trespassed should immediately contact local law enforcement authorities.
(c) It is the intent of the legislature to provide the greatest amount of legal services to the largest number of clients by discouraging inefficient use of state funding for indigent legal representation. To this end, it is the intent of the legislature that, prior to the commencement of litigation against any private employer relating to the terms and conditions of employment legal aid programs receiving funds appropriated in this act make good faith written demand for the requested relief, a good faith offer of settlement or an offer to submit to nonbinding arbitration prior to filing a lawsuit, unless the making of the offer is, in the opinion of the director of the legal services program or his/her designee, clearly prejudicial to: (i) The health, safety, or security of the client; or (ii) the timely availability of judicial relief. The director of the legal aid program may designate not more than two persons for purposes of making the determination of prejudice permitted by this section.
(d)(i) The legislature encourages legal aid programs to devote their state and nonstate funding to the basic, daily legal needs of indigent persons. No funds appropriated under this act may be used for legal representation and activities outside the scope of RCW 43.08.260.
(ii) No funds appropriated in this act may be used for lobbying as defined in RCW 43.08.260(3). Legal aid programs receiving funds appropriated in this act shall comply with all restrictions on lobbying contained in Federal Legal Services Corporation Act (P.L. 99-951) and regulations promulgated thereunder.
(e) No funds appropriated in this act may be used by legal aid programs for representation of undocumented aliens.
(f) The legislature recognizes the duty of legal aid programs to preserve inviolate and prevent the disclosure of, in the absence of knowing and voluntary client consent, client information protected by the United States Constitution, the Washington Constitution, the attorney-client privilege, or any applicable attorney rule of professional conduct. However, to the extent permitted by applicable law, legal aid programs receiving funds appropriated in this act shall, upon request, provide information on their activities to the department and to legislators for purposes of monitoring compliance with authorizing legislation and this subsection.
(g) Nothing in this subsection is intended to limit the authority of existing entities, including but not limited to the Washington state bar association, the public disclosure commission, and the Federal Legal Services Corporation, to resolve complaints or disputes within their jurisdiction.
(19) $839,000 of the general fund--state appropriation is provided solely for energy-related functions transferred by Fourth Substitute House Bill No. 2009 (state energy office). Of this amount:
(a) $379,000 is provided solely for expenses related to vacation leave buyout and unemployment payments resulting from the closure of the state energy office;
(b) $44,000 is provided solely for extended insurance benefits for employees separated as a result of Fourth Substitute House Bill No. 2009. An eligible employee may receive a state subsidy of $150 per month toward his or her insurance benefits purchased under the federal consolidated omnibus budget reconciliation act (COBRA) for a period not to exceed one year from the date of separation;
(c) $120,000 is provided solely for costs of closing out the financial reporting systems and contract obligations of the state energy office, and to connect the department's wide area network to workstations in the energy office building; and
(d) $296,000 is provided to match oil surcharge funding for energy policy and planning staff.
(20) $2,614,000 of the general fund--private/local appropriation is provided solely to operate the energy facility site evaluation council.
(21) $1,000,000 of the general fund--state appropriation is provided solely to increase state matching funds for the federal headstart program.
(22) $2,000,000 of the general fund--federal appropriation is provided solely to develop and operate housing for low-income farmworkers. The housing assistance program shall administer the funds in accordance with chapter 43.185 RCW. The department of community, trade, and economic development shall work in cooperation with the department of health, the department of labor and industries, and the department of social and health services to review proposals and make recommendations to the funding approval board that oversees the distribution of housing assistance program funds. An advisory group representing growers, farmworkers, and other interested parties shall be formed to assist the interagency workgroup.
(23) $1,865,000 of the general fund--state appropriation is provided solely for the delivery of services to victims of sexual assault as provided for by Substitute House Bill No. 2579 (sexual abuse victims). The department shall establish an interagency agreement with the department of social and health services for the transfer of funds made available under the federal victims of crime act for the purposes of implementing Substitute House Bill No. 2579. If the bill is not enacted by June 30, 1996, the requirements of this subsection shall be null and void and the amount provided in this subsection shall lapse.
(24) $1,000,000 of the general fund--state appropriation is provided solely for the tourism development program.
(25) $180,000 of the general fund--state appropriation is provided solely for the Asian-Pacific economic conference (APEC) national center in Seattle.
(26) $3,862,000 of the general fund--state appropriation is provided solely to increase the number of children served through the early childhood education and assistance program. These funds shall be used to serve children that are on waiting lists to enroll in the federal headstart program or the state early childhood education and assistance program.
(27) $25,000 of the general fund--state appropriation is provided solely for a grant to the city of Burien to study the feasibility of purchasing property within the city for park purposes.
(28) $100,000 of the general fund--state appropriation is provided solely for Washington state dues for the Pacific Northwest economic region (PNWER) and to support the PNWER CATALIST program.
NEW SECTION. Sec. 122. A new section is added to 1995 2nd sp.s. c 18 (uncodified) to read as follows:
$1,000,000 is appropriated from the public safety and education account to the department of community, trade, and economic development. The amount in this section is provided solely for a contract with a qualified legal aid program for client-requested indigent civil representation pursuant to RCW 43.08.260(1), at existing legal aid program offices. The amount provided in this section shall not be expended until an alternative dispute resolution agreement is signed by Columbia Legal Services, the Washington Growers' League, and the Northwest Justice Project. The amount provided in this section is subject to all the conditions and limitations of section 126(18), chapter 18, Laws of 1995 2nd sp. sess., as amended. A maximum of $50,000 of the amount provided in this section may be used for the costs of arbitration and mediation under the alternative dispute resolution agreement referenced in this section.
Sec. 123. 1995 2nd sp.s. c 18 s 127 (uncodified) is amended to read as follows:
FOR THE ECONOMIC AND REVENUE FORECAST COUNCIL
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((410,000))
422,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((410,000))
561,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((820,000))
983,000
The appropriations in this section are subject to the following conditions and limitations: $60,000 of the general fund appropriation is provided solely to implement Substitute House Bill No. 2758 (economic climate council). If the bill is not enacted by June 30, 1996, this amount shall lapse.
Sec. 124. 1995 2nd sp.s. c 18 s 128 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((9,482,000))
9,282,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((9,138,000))
9,588,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 12,432,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 720,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 330,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 200,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((32,302,000))
32,552,000
The appropriations in this subsection are subject to the following conditions and limitations:
(1) $300,000 of the general fund--state appropriation is provided solely as the state's share of funding for the "Americorps" youth employment program.
(2) By December 20, 1996, the office of financial management shall report to the government operations and fiscal committees of the legislature on the implementation of chapter 40.07 RCW, relating to the management and control of state publications. The report shall include recommendations concerning the use of alternative methods of distribution, including electronic publication, of agency reports and other publications and notices.
(3) $250,000 of the general fund--state appropriation is provided solely for technical assistance to state agencies in the development of performance measurements pursuant to Engrossed Substitute Senate Bill No. 6680. If the bill is not enacted by June 30, 1996, the amount provided in this subsection shall lapse.
Sec. 125. 1995 2nd sp.s. c 18 s 130 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF PERSONNEL
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 360,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 360,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 700,000
Personnel Data Revolving Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 880,000
Department of Personnel Service Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 15,354,000
Higher Education Personnel Services Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,656,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 19,310,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department shall reduce its charge for personnel services to the lowest rate possible.
(2) $32,000 of the department of personnel service fund appropriation is provided solely for the creation, printing, and distribution of the personal benefits statement for state employees.
(3) The general fund--state appropriation, the general fund--federal appropriation, the personnel data revolving account appropriation, and $300,000 of the department of personnel service account appropriation shall be used solely for the establishment of a state-wide human resource information data system and network within the department of personnel and to improve personnel data integrity. Authority to expend these amounts is conditioned on compliance with section 902 of this act. The personnel data revolving account is hereby created in the state treasury to facilitate the transfer of moneys from dedicated funds and accounts. To allocate the appropriation from the personnel data revolving account among the state's dedicated funds and accounts based on each fund or account's pro rata share of the state salary base, the state treasurer is directed to transfer sufficient money from each fund or account to the personnel data revolving account in accordance with schedules provided by the office of financial management.
(4) The department of personnel shall charge all administrative services costs incurred by the committee for deferred compensation or the department of retirement systems for the deferred compensation program to the deferred compensation administrative account. Department billings to the committee or the department of retirement systems shall be for actual costs only.
(5) The department of personnel service fund appropriation contains sufficient funds to continue the employee exchange program with the Hyogo prefecture in Japan.
(6) $500,000 of the department of personnel service account appropriation is provided solely for a career transition program to assist state employees who are separated or are at risk of lay-off due to reduction-in-force, including employee retraining and career counseling.
(7) The department of personnel has the authority to charge agencies for expenses resulting from the administration of a benefits contribution plan established by the health care authority. Fundings to cover these expenses shall be realized from agency FICA tax savings associated with the benefits contributions plan.
(8) By December 1, 1996, the department of personnel and the department of social and health services shall jointly report to the legislature on strategies for increasing, within existing funds, supported employment opportunities in state government for persons with developmental and other substantial and chronic disabilities. In developing the report, the departments shall consult with employee representatives, with organizations involved in job training and placement for persons with severe disabilities, and with other state and local governments that have successfully offered supported employment opportunities for their citizens with disabilities.
Sec. 126. 1995 2nd sp.s. c 18 s 134 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON HISPANIC AFFAIRS
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((195,000))
206,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((195,000))
199,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((390,000))
405,000
Sec. 127. 1995 2nd sp.s. c 18 s 135 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON AFRICAN-AMERICAN AFFAIRS
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((148,000))
151,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((146,000))
150,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((294,000))
301,000
Sec. 128. 1995 2nd sp.s. c 18 s 137 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--OPERATIONS
Department of Retirement Systems Expense Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((30,152,000))
30,866,000
Dependent Care Administrative Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 183,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((30,335,000))
31,049,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $857,000 of the department of retirement systems expense account appropriation is provided solely for information systems projects known by the following names or successor names: Support of member database, support of audit, and audit of member files. Authority to expend this amount is conditioned on compliance with section 902 of this act.
(2) $779,000 of the department of retirement systems expense account appropriation is provided solely for the in-house design development, and implementation of the information systems project known as the disbursement system. Authority to expend this amount is conditioned on compliance with section 902 of this act.
(3) $1,900,000 of the department of retirement systems expense account appropriation and the entire dependent care administrative account appropriation are provided solely for the implementation of Substitute House Bill No. 1206 (restructuring retirement systems). If the bill is not enacted by June 30, 1995, the amount provided in this subsection from the department of retirement systems expense account shall lapse, and the entire dependent care administrative account appropriation shall be transferred to the committee for deferred compensation.
(4) $650,000 of the department of retirement systems expense account appropriation is provided solely to provide information and education for members of teachers' retirement system plan II concerning the decision to transfer to plan III. Before expending any of these moneys, the department shall issue a request for proposals for services to be provided under this subsection. The department shall convene an advisory committee that includes the office of financial management and representatives of teachers. The advisory committee shall review the department's request for proposals, responses to the request, and the education and information materials and programs developed by the firm, business or consultant awarded the contract to provide the services. To ensure the impartiality of the information and education materials, no firm, business or consultant awarded a contract to provide any information and education materials or services to teachers' retirement system plan II members shall be eligible to provide self-directed investment options pursuant to RCW 41.34.060.
Sec. 129. 1995 2nd sp.s. c 18 s 138 (uncodified) is amended to read as follows:
FOR THE STATE INVESTMENT BOARD
State Investment Board Expense Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((8,068,000))
8,480,000
The appropriation in this section is subject to the following conditions and limitations: The board shall conduct a feasibility study on the upgrade or replacement of the state-wide investment accounting system and report its findings to the fiscal committees of the legislature by January 1, 1996.
Sec. 130. 1995 2nd sp.s. c 18 s 139 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF REVENUE
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 62,528,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((63,139,000))
63,184,000
Timber Tax Distribution Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,585,000
Waste Reduction, Recycling, and Litter Control
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 95,000
State Toxics Control Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 67,000
Solid Waste Management Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 88,000
Oil Spill Administration Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 14,000
Pollution Liability Insurance Program Trust Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 230,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((130,746,000))
130,791,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $4,197,000 of the general fund appropriation is provided solely for senior citizen property tax deferral distribution. $103,000 of this amount is provided solely to reimburse counties for the expansion of the senior citizen property tax deferral program enacted by Substitute House Bill No. 1673.
(2) $280,000 of the general fund appropriation is provided solely for implementation of Engrossed Substitute House Bill No. 1010 (regulatory reform). If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.
(3) The general fund appropriation contains sufficient funds for the department of revenue to collect use tax on advertising materials printed outside the state and mailed directly to Washington residents at the direction of an in-state business to promote sales of products or services, pursuant to RCW 82.12.010(5).
(4) $45,000 of the fiscal year 1997 general fund--state appropriation is provided solely to implement House Bill No. 2708 (warehouse tax study). If the bill is not enacted by June 30, 1996, the amount provided in this subsection shall lapse.
Sec. 131. 1995 2nd sp.s. c 18 s 143 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((284,000))
1,117,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((283,000))
1,950,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((1,304,000))
1,846,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 388,000
Motor Transport Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 10,814,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((140,000))
274,000
Air Pollution Control Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 111,000
Department of General Administration Facilities
and Services Revolving Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((21,271,000))
21,354,000
Central Stores Revolving Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,056,000
Risk Management Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 2,033,000
Energy Efficiency Services Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 90,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((39,684,000))
43,033,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,776 of the industrial insurance premium refund account appropriation is provided solely for the Washington school directors association.
(2) The cost of purchasing and material control operations may be recovered by the department through charging agencies utilizing these services. The department must begin directly charging agencies utilizing the services on September 1, 1995. Amounts charged may not exceed the cost of purchasing and contract administration. Funds collected may not be used for purposes other than cost recovery and must be separately accounted for within the central stores revolving fund.
(3) $542,000 of the general fund--federal appropriation and $90,000 of the energy efficiency services account appropriation are provided solely for implementation of House Bill No. 2009 (state energy office). If the bill is not enacted by June 30, 1996, the amounts specified in this subsection shall lapse.
(4) $833,000 of the general fund--state fiscal year 1996 appropriation and $1,667,000 of the general fund--state fiscal year 1997 appropriation are provided solely for the purchase of foods for distribution to the state's food bank network. The department shall provide an evaluation of the emergency food assistance program to the legislature by February 1, 1997. The evaluation shall identify: (a) The number of people served by the food distributed to the state's food banks and soup kitchens; (b) ways in which to maximize the amount of food being distributed to low-income individuals in the state through this program; and (c) other methods by which to increase access to nutritionally balanced food by low-income individuals in the state.
(5) $83,000 of the department of general administration facilities and services revolving account appropriation is provided solely for the staff costs associated with providing garage security.
(6) The director of the department of general administration, in consultation with the office of financial management, shall conduct a study analyzing the benefits of real property leases for state facilities in excess of five years. In conducting the study, the department shall consult with interested constituencies and develop recommendations for: (a) A procedure and criteria for evaluation of the costs and benefits of long-term leases; (b) a process for approval of long-term leases; and (c) statutory modifications to facilitate these changes. The director of the department of general administration shall report the results of the study to the office of financial management and the legislative fiscal committees by June 30, 1996.
NEW SECTION. Sec. 132. A new section is added to 1995 2nd sp.s. c 18 (uncodified) to read as follows:
FOR THE DEPARTMENT OF INFORMATION SERVICES
Data Processing Revolving Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 12,000,000
K-20 Technology Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 27,000,000
State Building Construction Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 15,300,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 54,300,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations in this section shall be expended in accordance with Senate Bill No. 6705 (higher education technology plan).
(2) $27,000,000 is appropriated from the general fund for deposit in the K-20 technology account for the purposes of this section.
(3) The appropriation from the data processing revolving account appropriation may be expended only after the entire K-20 technology account appropriation has been obligated.
(4) Expenditures of the funds from the state building construction account appropriation may be made only for capital purposes. Acquisitions made from these funds shall meet the criteria of bondability guidelines published by the office of financial management in the capital budget instruction manual.
(5) If Senate Bill No. 6705 is not enacted by June 30, 1996, the appropriations in this section shall lapse.
Sec. 133. 1995 2nd sp.s. c 18 s 149 (uncodified) is amended to read as follows:
FOR THE LIQUOR CONTROL BOARD
Liquor Revolving Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((113,461,000))
113,604,000
The appropriation in this section is subject to the following conditions and limitations: $143,000 of the liquor control revolving account appropriation for administrative expenses is provided solely for implementation of House Bill No. 2341 (credit card sales pilot program). If the bill is not enacted by June 30, 1996, this amount shall lapse.
NEW SECTION. Sec. 134. A new section is added to 1995 2nd sp.s. c 18 (uncodified) to read as follows:
FOR THE GAMBLING COMMISSION
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 1,000,000
The appropriation in this section is subject to the following conditions and limitations: The gambling commission shall conduct a study of how much state revenue is generated where amusement game devices are used in businesses whose primary activity is to provide food for on-premises consumption as proposed in House Bill No. 2917. The commission shall report its findings to the senate committee on labor, commerce, and trade and the house of representatives committee on commerce and labor by January 1, 1997.
Sec. 135. 1995 2nd sp.s. c 18 s 152 (uncodified) is amended to read as follows:
FOR THE MILITARY DEPARTMENT
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((7,474,000))
7,594,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((7,477,000))
7,597,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((28,293,000))
129,215,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 237,000
Enhanced 911 Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((18,541,000))
26,781,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 34,000
Flood Control Assistance Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,181,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((62,056,000))
194,639,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $205,238 of the total appropriation is provided solely to pay loan obligations on the energy partnership contract number 90-07-01. This obligation includes unpaid installments from September 1993 through June 1997. This amount may be reduced by any payments made in the 1993-95 Biennium on installments made in the 1993-95 Biennium on installments due between September 1993 and June 1995.
(2) $70,000 of the general fund--state appropriation is provided solely for the north county emergency medical service.
(3) $23,181,000 of the flood control assistance account appropriation is provided solely for state and local response and recovery cost associated with federal emergency management agency (FEMA) Disaster Number 1079 (November/December 1995 storms), FEMA Disaster 1100, (February 1996 floods), and for prior biennia disaster recovery costs. Of this amount, $1,078,000 is for prior disasters, $3,618,000 is for the November/December 1995 storms, and $18,485,000 is for the February 1996 floods.
PART II
HUMAN SERVICES
Sec. 201. 1995 2nd sp.s. c 18 s 201 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES. (1) Appropriations made in this act to the department of social and health services shall initially be allotted as required by this act. Subsequent allotment modifications shall not include transfers of moneys between sections of this act except as expressly provided in this act, nor shall allotment modifications permit moneys that are provided solely for a specified purpose to be used for other than that purpose.
(2) The department of social and health services shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation 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 in sections 202 through 211 of chapter 18, Laws of 1995 2nd sp. sess. as amended, shall be expended for the programs and in the amounts listed in those sections. However, after May 1, 1996, unless specifically prohibited by this act, the department may transfer general fund--state appropriations for fiscal year 1996 among programs after approval by the director of financial management. The director of financial management shall notify the appropriate fiscal committees of the senate and house of representatives in writing prior to approving any deviations.
(4) The department shall use up to $4,987,000 by which general fund--state expenditures are below allotted levels to replace federal social service block grant funds during fiscal year 1996.
Sec. 202. 1995 2nd sp.s. c 18 s 202 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--CHILDREN AND FAMILY SERVICES PROGRAM
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((144,801,000))
146,537,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((151,569,000))
173,376,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((263,843,000))
272,379,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 400,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 5,719,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((566,332,000))
598,411,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,660,000 of the general fund--state appropriation for fiscal year 1996 and $10,086,000 of the general fund--federal appropriation are provided solely for the modification of the case and management information system (CAMIS). Authority to expend these funds is conditioned on compliance with section 902 of this act.
(2) $5,524,000 of the general fund--state appropriation is provided solely to implement the division's responsibilities under Engrossed Second Substitute Senate Bill No. 5439 (nonoffender at-risk youth). Of this amount:
(a) $150,000 of the general fund--state appropriation is provided in fiscal year 1996 to develop a plan for children at risk. The department shall work with a variety of service providers and community representatives, including the community public health and safety networks, and shall present the plan to the legislature and the governor by December 1, 1995. The plan shall contain a strategy for the development of an intensive treatment system with outcome-based information on the level of services that are achievable under an annual appropriation of $5,000,000, $7,000,000, and $9,000,000; address the issue of chronic runaways; and determine caseload impacts.
(b) $219,000 of the general fund--state appropriation is provided in fiscal year 1996 and $4,678,000 of the general fund--state appropriation is provided in fiscal year 1997 for crisis residential center training and administrative duties and secure crisis residential center contracts.
(c) $266,000 of the general fund--state appropriation is provided for the multidisciplinary teams and $211,000 of the general fund--state appropriation is provided in fiscal year 1997 for family reconciliation services.
(d) The state may enter into agreements with the counties to provide residential and treatment services to runaway youth at a rate of reimbursement to be negotiated by the state and county.
(3) $1,997,000 of the violence reduction and drug enforcement account appropriation and $8,421,000 of the general fund--federal appropriation are provided solely for the operation of the family policy council, the community public health and safety networks, and delivery of services authorized under the federal family preservation and support act. Of these amounts:
(a) $1,060,000 of the violence reduction and drug enforcement account appropriation is provided solely for distribution to the community public health and safety networks for planning in fiscal year 1996.
(b) $937,000 of the violence reduction and drug enforcement account appropriation is provided for staff in the children and family services division of the department of social and health services to support family policy council activities. The family policy council is directed to provide training, design, technical assistance, consultation, and direct service dollars to the networks. Of this amount, $300,000 is provided for the evaluation activities outlined in RCW 70.190.050, to be conducted exclusively by the Washington state institute for public policy. To the extent that private funds can be raised for the evaluation activities, the state funding may be retained by the department to support the family policy council activities.
(c) $8,421,000 of the general fund--federal appropriation is provided solely for the delivery of services authorized by the federal family preservation and support act.
(4) $2,575,000 of the general fund--state appropriation is provided solely to implement Engrossed Substitute Senate Bill No. 5885 (family preservation services). If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse. Of this amount:
(a) $75,000 is provided in fiscal year 1996 to develop an implementation and evaluation plan for providing intensive family preservation services and family preservation services. The department shall present the plan to the legislature and the governor no later than December 1, 1995. The plan shall contain outcome based information on the level of services that are achievable under an annual appropriation of $3,000,000, $5,000,000, and $7,000,000; and
(b) $2,500,000 is provided in fiscal year 1997 for additional family preservation services based upon the report.
(5) $4,646,000 of the general fund--state is provided solely to increase payment rates to contracted social services providers. It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.
(6) $2,672,000 of the general fund--state is provided solely to increase payment rates to contracted social services child care providers. It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.
(7) $854,000 of the violence reduction and drug enforcement account appropriation and $300,000 of the general fund--state appropriation are provided solely to contract for the operation of one pediatric interim care facility. The facility shall provide residential care for up to twelve children through two years of age. Seventy-five percent of the children served by the facility must be in need of special care as a result of substance abuse by their mothers. The facility also shall provide on-site training to biological, adoptive, or foster parents. The facility shall provide at least three months of consultation and support to parents accepting placement of children from the facility. The facility may recruit new and current foster and adoptive parents for infants served by the facility. The department shall not require case management as a condition of the contract.
(8) $700,000 of the general fund--state appropriation and $262,000 of the violence reduction and drug enforcement ((and education)) account appropriation are provided solely for up to three nonfacility-based programs for the training, consultation, support, and recruitment of biological, foster, and adoptive parents of children through age three in need of special care as a result of substance abuse by their mothers, except that each program may serve up to three medically fragile nonsubstance-abuse-affected children. In selecting nonfacility-based programs, preference shall be given to programs whose federal or private funding sources have expired or have successfully performed under the existing pediatric interim care program.
(9) $5,613,000 of the general fund--state appropriation is provided solely for implementation of chapter 312, Laws of 1995 and Second Substitute House Bill No. 2217 (at-risk youth). If the bill is not enacted by June 30, 1996, the amount provided in this subsection shall lapse. Of this amount:
(a) $1,000,000 of the general fund--state appropriation is provided solely for court-ordered secure treatment of at-risk youth as provided for in section 3 of Second Substitute House Bill No. 2217 (at-risk youth);
(b) $573,000 of the general fund--state appropriation is provided solely for increased family reconciliation services;
(c) $500,000 of the general fund--state appropriation is provided solely for therapeutic child care;
(d) $2,300,000 of the general fund--state appropriation is provided solely for the juvenile court administrators to process petitions for truancy, children in need of services, and at-risk youth;
(e) $240,000 of the general fund--state appropriation is provided solely for crisis residential center assessments of at-risk youth; and
(f) $1,000,000 of the general fund--state appropriation shall be allocated to the superintendent of public instruction for competitive grants to assist the operation of community truancy boards established by school districts pursuant to RCW 28A.225.025.
(10) $2,000,000 of the general fund--state appropriation is provided solely for implementation of chapter 311, Laws of 1995 (Engrossed Substitute Senate Bill No. 5885, services to families). Of this amount, $1,000,000 is provided solely to expand the category of services titled "intensive family preservation services," and $1,000,000 is provided solely to create a new category of services titled "family preservation services."
(11) $327,000 of the general fund--state appropriation is provided solely for transfer to the public health and safety networks. Each public health and safety network may receive up to $2,600 general fund--state and up to $2,500 general fund--federal per month for the purposes of infrastructure funding, including planning, network meeting support, fiscal agent payments, and liability insurance. Funding may be provided only after the network's plan is submitted to the family policy council and only after the plan is approved.
(12) $4,941,000 of the general fund--state appropriation and $4,941,000 of the general fund--federal appropriation are provided solely to increase the availability of employment child care to low-income families.
Sec. 203. 1995 2nd sp.s. c 18 s 203 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--JUVENILE REHABILITATION PROGRAM
(1) COMMUNITY SERVICES
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((24,944,000))
25,622,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((25,771,000))
29,828,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((20,167,000))
20,191,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 286,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 5,695,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((76,863,000))
81,622,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $650,000 of the general fund--state appropriation for fiscal year 1996 and $650,000 of the general fund--state appropriation for fiscal year 1997 are provided solely for operation of learning and life skills centers established pursuant to chapter 152, Laws of 1994.
(b) $1,379,000 of the general fund--state appropriation and $134,000 of the violence reduction and drug enforcement account appropriation are provided solely to increase payment rates to contracted social services providers. It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.
(c) $2,350,000 of the general fund--state appropriation is provided solely for an early intervention program to be administered at the county level. Funds shall be awarded on a competitive basis to counties which have submitted a plan for implementation of an early intervention program consistent with proven methodologies currently in place in the state. 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.
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((25,701,000))
28,727,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((29,120,000))
32,511,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((23,011,000))
24,915,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 830,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((10,634,000))
10,894,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((89,296,000))
97,877,000
(3) PROGRAM SUPPORT
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,021,000))
1,231,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,024,000))
1,236,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 881,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 421,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((3,347,000))
3,769,000
(4) SPECIAL PROJECTS
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 107,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,177,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 1,284,000
Sec. 204. 1995 2nd sp.s. c 18 s 204 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MENTAL HEALTH PROGRAM
(1) COMMUNITY SERVICES/REGIONAL SUPPORT NETWORKS
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((162,878,000))
160,689,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((169,206,000))
165,967,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((241,564,000))
232,449,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((9,000,000))
4,000,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((19,647,000))
19,517,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((602,295,000))
582,622,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $8,160,000 of the general fund--state appropriation and $279,000 of the health services account appropriation are provided solely to increase payment rates to contracted social services providers. It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.
(b) Regional support networks shall use portions of the general fund--state appropriation for implementation of working agreements with the vocational rehabilitation program which will maximize the use of federal funding for vocational programs.
(c) From the general fund--state appropriation in this section, the secretary of social and health services shall assure that regional support networks reimburse the aging and adult services program for the general fund--state cost of medicaid personal care services that are used by enrolled regional support network consumers by reason of their psychiatric disability. The secretary of social and health services shall convene representatives from the aging and adult services program, the mental health division, and the regional support networks to establish an equitable and efficient mechanism for accomplishing this reimbursement.
(d) ((The appropriations in this section assume that expenditures for voluntary psychiatric hospitalization total $23,600,000 from the general fund--state appropriation and $4,300,000 from the health services account appropriation in fiscal year 1996, and $26,200,000 from the general fund--state appropriation and $4,600,000 from the health services account appropriation in fiscal year 1997. To the extent that regional support networks succeed in reducing hospitalization costs below these levels, one-half of the funds saved shall be provided as bonus payments to regional support networks for delivery of additional community mental health services, and one-half shall revert to the state treasury. Actual expenditures and bonus payments shall be calculated at the end of each biennial quarter, except for the final quarter, when expenditures and bonuses shall be projected based on actual experience through the end of April 1997.
(e))) $1,000,000 of the general fund--state appropriation is provided solely to implement the division's responsibilities under Engrossed Second Substitute Senate Bill No. 5439 (nonoffender at-risk youth).
(e) At least 30 days prior to entering contracts that would capitate payments for voluntary psychiatric hospitalizations, the mental health division shall report the proposed capitation rates, and the assumptions and calculations by which they were established, to the budget and forecasting divisions of the office of financial management, the appropriations committee of the house of representatives, and the ways and means committee of the senate.
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((56,033,000))
52,673,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((56,579,000))
56,293,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((112,097,000))
119,325,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((42,512,000))
39,130,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 747,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((267,968,000))
268,168,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The mental health program at Western state hospital shall continue to utilize labor provided by the Tacoma prerelease program of the department of corrections.
(b) The state mental hospitals may use funds appropriated in this subsection to purchase goods and supplies through hospital group purchasing organizations, when it is cost-effective to do so.
(3) CIVIL COMMITMENT
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((3,378,000))
3,470,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((3,378,000))
3,533,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((6,756,000))
7,003,000
(4) SPECIAL PROJECTS
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 6,341,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 950,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 7,291,000
The appropriations in this subsection are subject to the following conditions and limitations: The general fund--state appropriation in this section is provided solely for continued operation of the primary intervention program, in the school districts in which those projects previously operated, to the extent they continue to meet contract terms and performance standards.
(5) PROGRAM SUPPORT
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,549,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,544,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 1,511,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 6,604,000
Sec. 205. 1995 2nd sp.s. c 18 s 205 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--DEVELOPMENTAL DISABILITIES PROGRAM
(1) COMMUNITY SERVICES
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((117,802,000))
121,641,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((121,580,000))
126,500,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((165,632,000))
170,481,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((4,699,000))
4,679,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((409,713,000))
423,301,000
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((62,357,000))
62,152,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((62,953,000))
62,291,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((139,600,000))
140,652,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 9,100,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((274,010,000))
274,195,000
(3) PROGRAM SUPPORT
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((2,837,000))
2,964,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((2,848,000))
3,000,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((777,000))
940,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((6,462,000))
6,904,000
(4) SPECIAL PROJECTS
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 7,878,000
(5) The appropriations in this section are subject to the following conditions and limitations:
(a) $6,569,000 of the general fund--state appropriation and $19,000 of the health services account appropriation and $4,298,000 of the general fund--federal appropriation are provided solely to increase payment rates to contracted social services providers. It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.
(b) $1,447,000 of the general fund--state appropriation is provided solely for employment or other day programs for eligible persons who complete a high school curriculum during the 1995-97 biennium.
(c) $500,000 of the health services account appropriation is provided solely for fiscal year 1996 and $3,500,000 of the health services account appropriation is provided solely for fiscal year 1997 for family support services for families who need but are currently unable to receive such services because of funding limitations. The fiscal year 1996 amount shall be prioritized for unserved families who have the most critical need for assistance. The fiscal year 1997 amount shall be distributed among unserved families according to priorities developed in consultation with organizations representing families of people with developmental disabilities.
(((f))) (d) The secretary of social and health services shall investigate and by November 15, 1995, report to the appropriations committee of the house of representatives and the ways and means committee of the senate on the feasibility of obtaining a federal managed-care waiver under which growth which would otherwise occur in state and federal spending for the medicaid personal care and targeted case management programs is instead capitated and used to provide a flexible array of employment, day program, and in-home supports.
(((g))) (e) $1,015,000 of the program support general fund--state appropriation is provided solely for distribution among the five regional deaf centers for services for the deaf and hard of hearing.
(f) $25,000 of the program support general fund--state appropriation is provided solely for a vendor rate increase in fiscal year 1997 for an organization specializing in the provision of case management and support services to persons with both deafness and blindness.
Sec. 206. 1995 2nd sp.s. c 18 s 206 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--AGING AND ADULT SERVICES PROGRAM
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((378,972,000))
369,055,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((393,491,000))
385,377,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((793,250,000))
773,530,000
Health Services Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((9,885,000))
6,858,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((1,575,598,000))
1,534,820,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $6,492,000 of the general fund--state appropriation is provided solely to increase payment rates to contracted social services providers. It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.
(((4))) (2) The department shall seek a federal plan amendment to increase the home maintenance needs allowance for unmarried COPES recipients only to 100 percent of the federal poverty level. No changes shall be implemented in COPES home maintenance needs allowances until the amendment has been approved.
(((5))) (3) The secretary of social and health services shall transfer funds appropriated under section 207(2) of this act to this section for the purpose of integrating and streamlining programmatic and financial eligibility determination for long-term care services.
(((6))) (4) A maximum of $2,603,000 of the general fund--state appropriation and $2,670,000 of the general fund--federal appropriation for fiscal year 1996 and $5,339,000 of the general fund--state appropriation and $5,380,000 of the general fund--federal appropriation for fiscal year 1997 are provided to fund the medicaid share of any prospective payment rate adjustments as may be necessary in accordance with RCW 74.46.460.
(((7))) (5) The entire health services account appropriation and the associated general fund--federal match is ((to be used)) provided solely for the enrollment in the basic health plan of home care workers below 200 percent of the federal poverty level who are employed through state contracts ((in the basic health plan)). Enrollment for workers with family incomes at or above 200 percent of poverty shall be covered with general fund--state and matching general fund--federal revenues that have previously been appropriated for health benefits coverage, to the extent that these funds have not been contractually obligated prior to March 1, 1996, for worker wage increases.
(6) By November 1, 1996, the department of social and health services and the health care authority shall report to the appropriate committees of the legislature on (a) the extent, if any, to which previously appropriated general fund--state and matching general fund--federal funds are insufficient to provide basic health plan enrollment coverage for homecare workers above 200 percent of the federal poverty level; and (b) recommended procedural and, if necessary, statutory changes needed to minimize the administrative costs and complexity of basic health plan enrollment by employer groups.
(7) $126,000 of the general fund--state appropriation for fiscal year 1997 is provided solely for adult day health services for persons with AIDS. These services shall be provided through a state-only program by a single agency specializing in long-term care for persons with AIDS.
(8) $403,000 of the general fund--state appropriation for fiscal year 1996 and $698,000 of the general fund--state appropriation for fiscal year 1997 are provided solely to reimburse the medical assistance administration for medicaid services used by persons not previously eligible for medical assistance services who become so as a result of transferring from the chore services to the COPES program.
Sec. 207. 1995 2nd sp.s. c 18 s 207 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ECONOMIC SERVICES PROGRAM
(1) GRANTS AND SERVICES TO CLIENTS
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((403,859,000))
379,619,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((405,332,000))
389,585,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((677,127,000))
636,859,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((1,486,318,000))
1,406,063,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) Payment levels in the programs for aid to families with dependent children, general assistance, and refugee assistance shall contain an energy allowance to offset the costs of energy. The allowance shall be excluded from consideration as income for the purpose of determining eligibility and benefit levels of the food stamp program to the maximum extent such exclusion is authorized under federal law and RCW 74.08.046. To this end, up to $300,000,000 of the income assistance payments is so designated for exemptions of the following amounts:
Family size: 1 2 3 4 5 6 7 8 or more
Exemption: $55 71 86 102 117 133 154 170
(b) $18,000 of the general fund--state appropriation for fiscal year 1996 and $37,000 of the general fund--state appropriation for fiscal year 1997 are provided solely to increase payment rates to contracted social services providers. It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.
(c) During the 1995-97 fiscal biennium, the department of social and health services shall provide assistance under the general assistance for children program to needy families with legal immigrants permanently residing in the United States under color of law who are not eligible under federal law for aid to families with dependent children benefits solely due to their immigration status. Assistance to needy families shall be in the same amount as benefits under the aid to families with dependent children program. The families must be otherwise eligible for aid to families with dependent children including consideration of the current alien sponsor deeming rules. The department is authorized to use state general funds appropriated in this section to provide such benefits.
(2) PROGRAM SUPPORT
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((113,329,000))
112,427,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((110,137,000))
109,168,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((202,152,000))
200,555,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 750,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((426,368,000))
422,900,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $16,000 of the general fund--state appropriation for fiscal year 1996 and $34,000 of the general fund--state appropriation for fiscal year 1997 are provided solely to increase payment rates to contracted social service providers. It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.
(b) The department shall report to the fiscal committees of the legislature no later than December 20, 1995, concerning the number and dollar value of contracts for services provided as part of the job opportunities and basic skills program. This report shall indicate the criteria used in the choice of state agencies or private entities for a particular contract, the total value of contracts with state agencies, and the total value of contracts with private entities. The report shall also indicate what, if any, performance criteria are included in job opportunities and basic skills program contracts.
(c) The department shall:
(((ii))) (i) Coordinate with other state agencies, including but not limited to the employment security department, to ensure that persons receiving federal or state funds are eligible in terms of citizenship and residency status; (([and])) and
(((iv))) (ii) Systematically use all processes available to verify eligibility in terms of the citizenship and residency status of applicants and recipients for public assistance.
Sec. 208. 1995 2nd sp.s. c 18 s 208 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ALCOHOL AND SUBSTANCE ABUSE PROGRAM
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 8,199,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((8,736,000))
11,990,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((76,400,000))
77,594,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 71,900,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 969,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((166,204,000))
170,652,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $9,544,000 of the total appropriation is provided solely for the grant programs for school districts and educational service districts set forth in RCW 28A.170.080 through 28A.170.100, including state support activities, as administered through the office of the superintendent of public instruction.
(2) $400,000 of the health services account appropriation is provided solely to implement Second Substitute Senate bill No. 5688 (fetal alcohol syndrome). If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.
(3) $502,000 of the general fund--state appropriation and $435,000 of the violence reduction and drug enforcement account appropriation for fiscal year 1996 and $1,015,000 of the general fund--state appropriation and $1,023,000 of the violence reduction and drug enforcement account appropriation for fiscal year 1997 are provided solely to increase payment rates to contracted and subcontract social services providers. It is the legislature's intent that these funds shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.
(4) $552,000 of the general fund--state appropriation is provided solely to implement the division's responsibilities under Engrossed Second Substitute Senate Bill No. 5439 (nonoffender at-risk youth).
(5) $1,387,000 of the general fund--state appropriation and $363,000 of the general fund--federal appropriation are provided solely for detoxification and stabilization services, inpatient treatment, and recovery house treatment for at-risk youth. If Second Substitute House Bill No. 2217 (at-risk youth) is not enacted by June 30, 1996, the amount provided in this subsection shall lapse.
(6) $1,902,000 of the general fund--state appropriation and $796,000 of the general fund--federal appropriation are provided solely for alcohol and substance abuse assessment, treatment, and child care services for clients of the division of children and family services. Assessment shall be provided by approved chemical dependency treatment programs as requested by child protective services personnel in the division of children and family services. Treatment shall be outpatient treatment for parents of children who are under investigation by the division of children and family services. Child care shall be provided as deemed necessary by the division of children and family services while parents requiring alcohol and substance abuse treatment are attending treatment programs.
Sec. 209. 1995 2nd sp.s. c 18 s 209 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MEDICAL ASSISTANCE PROGRAM
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((670,792,000))
669,448,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((692,015,000))
658,055,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((1,761,005,000))
1,774,688,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((242,525,000))
199,160,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((199,571,000))
207,272,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((3,565,908,000))
3,508,623,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department shall continue to make use of the special eligibility category created for children through age 18 and in households with incomes below 200 percent of the federal poverty level made eligible for medicaid as of July 1, 1994. The department shall also continue to provide consistent reporting on other medicaid children served through the basic health plan.
(2) The department shall contract for the services of private debt collection agencies to maximize financial recoveries from third parties where it is not cost-effective for the state to seek the recovery directly.
(3) It is the intent of the legislature that Harborview medical center continue to be an economically viable component of the health care system and that the state's financial interest in Harborview medical center be recognized.
(4) $3,682,000 of the general fund--state appropriation for fiscal year 1996 and $7,844,000 of the general fund--state appropriation for fiscal year 1997 are provided solely to increase payment rates to contracted medical services providers.
(5)(a) Pursuant to RCW 74.09.700, the medically needy program shall be limited to include only the following groups: Those persons who, except for income and resources, would be eligible for the medicaid categorically needy aged, blind, or disabled programs and medically needy persons under age 21 or over age 65 in institutions for mental diseases or in intermediate care facilities for the mentally retarded. Existing departmental rules concerning income, resources, and other aspects of eligibility for the medically needy program shall continue to apply to these groups. The medically needy program will not provide coverage for caretaker relatives of medicaid-eligible children or for adults in families with dependent children who, except for income and resources, would be eligible for the medicaid categorically needy aid to families with dependent children program.
(b) Notwithstanding (a) of this subsection, the medically needy program shall provide coverage until December 31, 1995, to those persons who, except for income and resources, would be eligible for the medicaid aid to families with dependent children program. ((Not more than $2,020,000 of the general fund--state appropriation may be expended for this purpose.))
(6) These appropriations may not be used for any purpose related to a supplemental discount drug program or agreement created under WAC 388-91-007 and 388-91-010.
(7) Funding is provided in this section for the adult dental program for Title XIX categorically eligible and medically needy persons and to provide foot care services by podiatric physicians and surgeons.
(8) $160,000 of the general fund--state appropriation and $160,000 of the general fund--federal appropriation are provided solely for the prenatal triage clearinghouse to provide access and outreach to reduce infant mortality.
(9) $3,128,000 of the general fund--state appropriation is provided solely for treatment of low-income kidney dialysis patients.
(10) Funding is provided in this section to fund payment of insurance premiums for persons with human immunodeficiency virus who are not eligible for medicaid.
(11) Not more than $11,410,000 of the general fund--state appropriation during fiscal year 1996 and $11,410,000 of the health services account appropriation during fiscal year 1997 may be expended for the purposes of operating the medically indigent program ((during fiscal year 1996)). Funding is provided solely for emergency transportation and acute emergency hospital services, including emergency room physician services and related inpatient hospital physician services. In any twelve-month period, funding for such services is to be provided to an eligible individual for a maximum of three months following a hospital admission and only after $2,000 of emergency medical expenses have been incurred ((in any twelve-month period)).
(12) ((Not more than $10,000,000 of the health services account appropriation and $5,674,000 of the general fund--federal appropriation may be expended for the purposes of providing reimbursement during fiscal year 1997 to those hospitals and physicians most adversely affected by the provision of uncompensated emergency room and uncompensated inpatient hospital care. The department shall develop rules stating the conditions for and rates of compensation.
(13))) $21,525,000 of the health services account appropriation and $21,031,000 of the general fund--federal appropriation are provided solely to increase access to dental services and to increase the use of preventative dental services for title XIX categorically eligible children.
(((14))) (13) After considering administrative and cost factors, the department shall adopt measures to realize savings in the purchase of prescription drugs, hearing aids, home health services, wheelchairs and other durable medical equipment, and disposable supplies. Such measures may include, but not be limited to, point-of-sale pharmacy adjudication systems, modification of reimbursement methodologies or payment schedules, selective contracting, and inclusion of such services in managed care rates.
(((15))) (14) As part of the long-term care reforms contained in Engrossed Second Substitute House Bill No. 1908, after receiving acute inpatient hospital care, eligible clients shall be transferred from the high cost institutional setting to the least restrictive, least costly, and most appropriate facility as soon as medically reasonable. Physical medicine and rehabilitation services (acute rehabilitation) shall take place in the least restrictive environment, at the least cost and in the most appropriate facility as determined by the department in coordination with appropriate health care professionals and facilities. Facilities providing physical medicine and rehabilitation services must meet the quality care certification standards required of acute rehabilitation hospitals and rehabilitation units of hospitals.
(((16))) (15) The department is authorized to provide no more than five chiropractic service visits per person per year for those eligible recipients with acute conditions.
(16) The department shall achieve an actual reduction in the per capita rates paid to managed care plans in calendar year 1997 by taking actions including but not limited to the following: (a) Selectively contracting with only those managed care plans in a given geographic area that offer the lowest price, while meeting specified standards of service quality and network adequacy; (b) revising program procedures, through a federal waiver if necessary, so that recipients are required to enroll in only one managed care plan during a contract period, except for documented good cause; and (c) disproportionately assigning recipients who do not designate a plan preference to plans offering more competitive rates.
(17) By July 1, 1996, the department shall report to the committees on health care and appropriations of the house of representatives, and to the committees on health and long-term care and ways and means of the senate, on the projected costs and benefits of (a) alternative point-of-service copay requirements for recipients with incomes at various percentages of the federal poverty level; and (b) alternative premium-sharing requirements for recipients with incomes at or above 100 percent of the federal poverty level.
(18) $4,600,000 of the general fund--state appropriation is provided solely to compensate designated trauma centers for trauma services provided to medically indigent and general assistance clients who have an index of severity score of 16 or higher. Such compensation is to be provided (a) through reimbursement at the medicaid rate; or (b) through a direct payment to governmental hospitals. To be eligible for this higher compensation, the trauma center must (i) be designated a Level I through V trauma center by the department of health; (ii) provide complete trauma care data to the trauma care registry in accordance with WAC 246-976-430; (iii) establish an internal quality assurance trauma program that complies with WAC 246-976-880; and (iv) encourage and assist medically indigent and charity care patients to enroll in the basic health plan.
Sec. 210. 1995 2nd sp.s. c 18 s 211 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ADMINISTRATION AND SUPPORTING SERVICES PROGRAM
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 25,933,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 25,934,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 41,503,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 270,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 93,640,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The secretary of social and health services and the director of labor and industries shall report to the appropriate fiscal and policy committees of the legislature by July 1, 1995, and every six months thereafter, on the measurable changes in employee injury and time-loss rates that have occurred in the state developmental disabilities, juvenile rehabilitation, and mental health institutions as a result of the upfront loss-control discount agreement between the agencies.
(2) $500,000 of the general fund--state appropriation and $300,000 of the general fund--federal appropriation are provided solely to implement Engrossed Substitute House Bill No. 1010 (regulatory reform). The department may transfer all or a portion of these amounts to the appropriate divisions of the department for this purpose. If Engrossed Substitute House Bill No. 1010 (regulatory reform) is not enacted by June 30, 1995, the amounts provided in this subsection shall lapse.
(3) By December 1, 1996, the department of personnel and the department of social and health services shall jointly report to the legislature on strategies for increasing, within existing funds, supported employment opportunities in state government for persons with developmental and other substantial and chronic disabilities. In developing the report, the departments shall consult with employee representatives, organizations involved in job training and placement for persons with severe disabilities, and other state and local governments that have successfully offered supported employment opportunities for their citizens with disabilities.
Sec. 211. 1995 2nd sp.s. c 18 s 212 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--CHILD SUPPORT PROGRAM
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((18,058,000))
19,019,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((18,169,000))
18,820,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((135,488,000))
139,220,000
General Fund--Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((33,232,000))
32,289,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((204,947,000))
209,348,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department shall contract with private collection agencies to pursue collection of AFDC child support arrearages in cases that might otherwise consume a disproportionate share of the department's collection efforts. The department's child support collection staff shall determine which cases are appropriate for referral to private collection agencies. In determining appropriate contract provisions, the department shall consult with other states that have successfully contracted with private collection agencies to the extent allowed by federal support enforcement regulations.
(2) The department shall request a waiver from federal support enforcement regulations to replace the current program audit criteria, which is process-based, with performance measures based on program outcomes.
(3) The amounts appropriated in this section for child support legal services shall only be expended by means of contracts with local prosecutor's offices.
Sec. 212. 1995 2nd sp.s. c 18 s 215 (uncodified) is amended to read as follows:
FOR THE STATE HEALTH CARE AUTHORITY
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((3,403,000))
3,403,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,403,000
State Health Care Authority Administrative
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15,744,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((249,642,000))
247,010,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((272,192,000))
269,560,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $6,806,000 of the general fund appropriation and $5,590,000 of the health services account appropriation are provided solely for health care services provided through local community clinics.
(2) $((1,268,000)) 1,189,000 of the health care authority administrative fund appropriation is provided to accommodate additional enrollment from school districts that voluntarily choose to purchase employee benefits through public employee benefits board programs. The office of financial management is directed to monitor K-12 enrollment in PEBB plans and to reduce allotments proportionally if the number of K-12 active employees enrolled after January 1995 is less than 11,837.
(3) By November 1, 1996, the health care authority shall report to the health care and fiscal committees of the legislature on potential program adjustments to the basic health plan to achieve reductions in anticipated health services account expenditures. Options addressed in the report shall include, but not be limited to: (a) Reductions in the maximum income eligibility level; (b) changes in the premium subsidy schedule; (c) increasing required copayments; and (d) reducing the number of contracting health plans. For each option, the report shall describe anticipated 1997-99 savings from the proposed change, and the potential impact on health insurance access and health status.
(4) The state health care authority administrative account appropriation includes sufficient funds to study options for expanding state and school district retiree access to health benefits purchased through the health care authority and the fiscal impacts of each option. The health care authority shall conduct this study in conjunction with the state actuary, the office of financial management, and the fiscal committees of the legislature.
(5) $79,000 of the state health care authority administrative account appropriation is provided to implement Substitute House Bill No. 2186 (public employees long-term care).
(6) By November 1, 1996, the department of social and health services and the health care authority shall report to the appropriate committees of the legislature on (a) the extent, if any, to which previously appropriated general fund--state and matching general fund--federal funds are insufficient to provide basic health plan enrollment coverage for homecare workers at or above 200 percent of the federal poverty level; and (b) recommended procedural and, if necessary, statutory changes needed to minimize the administrative costs and complexity of basic health plan enrollment by employer groups.
(7) $919,000 of the health services account appropriation is provided for enhanced basic health plan subsidies for foster parents licensed under chapter 74.15 RCW. Under this enhanced subsidy option, foster parents with family incomes below 200 percent of the federal poverty level shall be allowed to enroll in the basic health plan at a cost of $10 per month per parent. The health care authority shall endeavor to provide this enhanced subsidy to a monthly average of 1,000 foster parents during state fiscal year 1997, and no more than 2,000 shall be enrolled by the end of the 1995-97 biennium.
Sec. 213. 1995 2nd sp.s. c 18 s 216 (uncodified) is amended to read as follows:
FOR THE HUMAN RIGHTS COMMISSION
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,905,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,912,000))
2,012,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 1,344,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 402,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((5,563,000))
5,663,000
The appropriations in this section are subject to the following conditions and limitations: $100,000 of the general fund--state appropriation is provided solely to implement House Bill No. 2932 (discrimination dispute resolution). If the bill is not enacted by June 30, 1996, this amount shall lapse.
Sec. 214. 1995 2nd sp.s. c 18 s 218 (uncodified) is amended to read as follows:
FOR THE CRIMINAL JUSTICE TRAINING COMMISSION
Death Investigations Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((10,654,000))
11,036,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 344,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((11,036,000))
11,418,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $28,000 of the public safety and education account is provided solely to implement Engrossed Second Substitute Senate Bill No. 5219 (domestic violence). If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.
(2) $45,000 of the public safety and education account appropriation is provided solely for the implementation of Second Substitute House Bill No. 2323 (law enforcement training). If the bill is not enacted by June 30, 1996, the amount provided in this subsection shall lapse.
(3) $27,000 of the public safety and education account appropriation is provided solely for the implementation of the reporting requirements contained in section 6 of House Bill No. 2472. If the bill is not enacted by June 30, 1996, the amount provided in this subsection shall lapse.
Sec. 215. 1995 2nd sp.s. c 18 s 219 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LABOR AND INDUSTRIES
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 5,270,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((5,311,000))
5,711,000
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((19,547,000))
19,990,000
Public Safety and Education Account--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 6,002,000
Public Safety and Education Account--Private/Local
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 972,000
Electrical License Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((19,321,000))
20,125,000
Farm Labor Revolving Account--Private/Local
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 28,000
Worker and Community Right-to-Know Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,138,000
Public Works Administration Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,928,000
Accident Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((137,909,000))
139,991,000
Accident Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 9,112,000
Medical Aid Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((148,204,000))
150,284,000
Medical Aid Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,592,000
Plumbing Certificate Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 682,000
Pressure Systems Safety Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,053,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((360,069,000))
365,878,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Expenditures of funds appropriated in this section for the information systems projects identified in agency budget requests as "crime victims--prime migration" and "document imaging--field offices" are conditioned upon compliance with section 902 of this act. In addition, funds for the "document imaging--field offices" project shall not be released until the required components of a feasibility study are completed and approved by the department of information services.
(2) Pursuant to RCW 7.68.015, the department shall operate the crime victims compensation program within the public safety and education account funds appropriated in this section. In the event that cost containment measures are necessary, the department may (a) Institute copayments for services; (b) develop preferred provider and managed care contracts; and (c) coordinate with the department of social and health services to use public safety and education account funds as matching funds for federal Title XIX reimbursement, to the extent this maximizes total funds available for services to crime victims.
(3) $108,000 of the general fund appropriation is provided solely for an interagency agreement to reimburse the board of industrial insurance appeals for crime victims appeals.
(4) The secretary of social and health services and the director of labor and industries shall report to the appropriate fiscal and policy committees of the legislature by July 1, 1995, and every six months thereafter, on the measurable changes in employee injury and time-loss rates that have occurred in the state developmental disabilities, juvenile rehabilitation, and mental health institutions as a result of the upfront loss-control discount agreement between the agencies.
(((b))) (5) The appropriations in this section may not be used to implement or enforce rules that the joint administrative rules review committee finds are not within the intent of the legislature as expressed by the statute that the rule implements.
(((7))) (6) $450,000 of the accident account--state appropriation and $450,000 of the medical aid account--state appropriation are provided solely to implement an on-line claims data access system that will include all employers in the retrospective rating plan program.
(((8))) (7) Within the appropriations provided in this section, the department shall implement an integrated state-wide on-line verification system for pharmacy providers. The system shall be implemented by means of contracts that are competitively bid. Until this system is implemented, no department rules may take effect that reduce the dispensing fee for industrial insurance pharmacy services in effect on January 1, 1995.
(8) $4,000 of the accident account--state appropriation and $4,000 of the medical aid--state appropriation is provided solely for the implementation of Senate Bill No. 6223 or House Bill No. 2498 (construction trade procedures). If neither bill is enacted by June 30, 1996, these amounts shall lapse.
(9) $38,000 of the accident account--state appropriation and $37,000 of the medical aid--state appropriation is provided solely for the implementation of Senate Bill No. 6225 or House Bill No. 2499 (employer assessments). If neither bill is enacted by June 30, 1996, these amounts shall lapse.
(10) $7,000 of the accident account--state appropriation and $6,000 of the medical aid--state appropriation is provided solely for the implementation of Senate Bill No. 6224 or House Bill No. 2496 (disability pilot project). If neither bill is enacted by June 30, 1996, these amounts shall lapse.
(11) $443,000 of the public safety and education account appropriation is provided solely for the implementation of Substitute House Bill No. 2358 (crime victim and witness programs). If the bill is not enacted by June 30, 1996, the amount provided in this subsection shall lapse.
(12) $121,000 of the accident account--state appropriation and $121,000 of the medical aid account--state appropriation are provided solely for the implementation of House Bill No. 2322 (family farm exemptions). If the bill is not enacted by June 30, 1996, the amounts provided in this subsection shall lapse.
(13) $271,000 of the accident account--state appropriation and $271,000 of the medical aid account--state appropriation are provided solely for the implementation of Second Substitute Senate Bill No. 5516 (drug free workplaces). If the bill is not enacted by June 30, 1996, the amounts provided in this subsection shall lapse.
Sec. 216. 1995 2nd sp.s. c 18 s 221 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
(1) HEADQUARTERS
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 1,227,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 1,226,000
Industrial Insurance Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 25,000
Charitable, Educational, Penal, and Reformatory
Institutions Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 4,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 2,482,000
(2) FIELD SERVICES
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,853,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,852,000))
2,257,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((736,000))
381,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 85,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((4,526,000))
4,576,000
(3) VETERANS HOME
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((4,127,000))
3,893,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((3,984,000))
3,788,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((10,703,000))
11,470,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((7,527,000))
7,392,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((26,341,000))
26,543,000
(4) SOLDIERS HOME
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((3,135,000))
2,927,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((3,049,000))
2,825,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((6,158,000))
5,975,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((4,667,000))
5,312,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((17,009,000))
17,039,000
Sec. 217. 1995 2nd sp.s. c 18 s 222 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF HEALTH
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((44,314,000))
44,328,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((44,313,000))
44,639,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((233,122,000))
234,275,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((25,476,000))
25,476,000
Hospital Commission Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,019,000
Medical Disciplinary Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,798,000
Health Professions Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((32,592,000))
32,964,000
Industrial Insurance Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 62,000
Safe Drinking Water Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,751,000
Public Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,753,000
Waterworks Operator Certification
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 605,000
Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 3,079,000
State Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,824,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 469,000
Medical Test Site Licensure Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,822,000
Youth Tobacco Prevention Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,412,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((16,516,000))
19,081,000
State and Local Improvements Revolving
Account--Water Supply Facilities
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 40,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((437,905,000))
442,397,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,466,000 of the general fund--state appropriation is provided for the implementation of the Puget Sound water quality management plan.
(2) $10,000,000 of the public health services account appropriation is provided solely for distribution to local health departments for distribution on a per capita basis. Prior to distributing these funds, the department shall adopt rules and procedures to ensure that these funds are not used to replace current local support for public health programs.
(3) $4,750,000 of the public health account appropriation is provided solely for distribution to local health departments for capacity building and community assessment and mobilization.
(4) $2,000,000 of the health services account appropriation is provided solely for public health information systems development. Authority to expend this amount is conditioned on compliance with section 902 of this act.
(5) $1,000,000 of the health services account appropriation is provided solely for state level capacity building.
(6) $1,000,000 of the health services account appropriation is provided solely for training of public health professionals.
(7) $200,000 of the health services account appropriation is provided solely for the American Indian health plan.
(8) $1,640,000 of the health services account appropriation is provided solely for health care quality assurance and health care data standards activities as required by Engrossed Substitute House Bill No. 1589 (health care quality assurance).
(9) $1,000,000 of the health services account appropriation is provided solely for development of a youth suicide prevention program at the state level, including a state-wide public educational campaign to increase knowledge of suicide risk and ability to respond and provision of twenty-four hour crisis hotlines, staffed to provide suicidal youth and caregivers a source of instant help.
(10) The department of health shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation that provides appropriation authority, and an equal amount of appropriated state moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(11) $981,000 of the general fund--state appropriation and $((3,873,000)) 469,000 of the general fund--private/local appropriation are provided solely for implementing Engrossed Substitute House Bill No. 1010 (regulatory reform). If the bill is not enacted by June 30, 1995, the amounts provided in this subsection shall lapse.
(12) The department is authorized to raise existing fees for nursing assistants and hypnotherapists in excess of the fiscal growth factor established by Initiative 601, if necessary, in order to meet the actual costs of investigative and legal services due to disciplinary activities.
(13) $750,000 of the general fund--federal appropriation is provided solely for one-time costs for a health clinic for immigrants to be managed by a local public health entity.
(14) $70,000 of the general fund--state appropriation is provided solely for implementing Engrossed Substitute House Bill No. 1908 (chapter 18, Laws of 1995 1st sp. sess., long-term care reform).
(15) $210,000 of the general fund--state appropriation is provided solely for stabilizing the four existing child profile counties. The department is directed to develop a plan analyzing the progress of existing child profile immunization tracking systems in the state. The department shall make recommendations for expanding child profile systems to other areas of the state. The plan for expansion must take into account the current immunization rate for children between the ages of birth and two years, goals set by the local health departments in conjunction with their own public health improvement plan work plans, and estimated population growth. The secretary shall submit recommendations to the appropriate standing committees of the senate and the house of representatives on the proposed timeline for expansion of child profile systems, with a goal of state-wide coverage by July 1, 1997.
(16) $195,000 of the general fund appropriation is provided solely for the cost of laboratory testing of shellfish for domoic acid.
(17)(a) Within available resources, the department of health may use any of the following strategies for raising public awareness on the causes and nature of osteoporosis, personal risk factors, value of prevention and early detection, and options for diagnosing and treating the disease:
(i) An outreach campaign utilizing print, radio, and television public service announcements, advertisements, posters, and other materials;
(ii) Community forums;
(iii) Health information and risk factor assessment at public events;
(iv) Targeting at-risk populations;
(v) Providing reliable information to policy makers;
(vi) Distributing information through county health departments, schools, area agencies on aging, employer wellness programs, physicians, hospitals and health maintenance organizations, women's groups, nonprofit organizations, community-based organizations, and departmental regional offices.
(b) The secretary of health may accept grants, services, and property from the federal government, foundations, organizations, medical schools, and other entities as may be available for the purposes of fulfilling the obligations of this program.
(18) $8,000 of the general fund--state appropriation is provided for a study to be completed by the board of health on the current and potential use of telemedicine in the state, including recommended changes in rules and statutes. The study shall be completed by November 1, 1997, and a report submitted to the appropriate committees of the legislature.
Sec. 218. 1995 2nd sp.s. c 18 s 223 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
The appropriations in this section shall be expended for the programs and in the amounts listed. However, after May 1, 1996, unless specifically prohibited by this act, the department may transfer general fund--state appropriations for fiscal year 1996 among programs after approval by the director of financial management. The director of financial management shall notify the appropriate fiscal committees of the senate and house of representatives in writing prior to approving any deviations.
(1) ADMINISTRATION AND PROGRAM SUPPORT
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((12,269,000))
12,255,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((12,047,000))
12,171,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 631,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((24,316,000))
25,057,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) (($211,000 of the general fund appropriation is provided solely to implement Second Substitute Senate Bill No. 5088 (sexually violent predators). If the bill is not enacted by June 30, 1995, the amount provided in this subsection (a) shall lapse.
(b))) The department may expend funds generated by contractual agreements entered into for mitigation of severe overcrowding in local jails. If any funds are generated in excess of actual costs, they shall be deposited in the state general fund. Expenditures shall not exceed revenue generated by such agreements and shall be treated as recovery of costs.
(((c))) (b) The department of corrections shall accomplish personnel reductions with the least possible impact on correctional custody staff, community custody staff, and correctional industries. For the purposes of this subsection, correctional custody staff means employees responsible for the direct supervision of offenders.
(((d))) (c) Appropriations in this section provide sufficient funds to implement the provisions of Second Engrossed Second Substitute House Bill 2010 (corrections cost-efficiency and inmate responsibility omnibus act).
(((e))) (d) In treating sex offenders at the Twin Rivers corrections center, the department of corrections shall prioritize treatment services to reduce recidivism and shall develop and implement an evaluation tool that: (i) States the purpose of the treatment; (ii) measures the amount of treatment provided; (iii) identifies the measure of success; and (iv) determines the level of successful and unsuccessful outcomes. The department shall report to the legislature by December 1, 1995, on how treatment services were prioritized among categories of offenses and provide a description of the evaluation tool and its incorporation into the treatment program.
(e) $121,000 of the general fund--state fiscal year 1997 appropriation is provided solely for the department to develop and implement a centralized educational data base (education automation project), pursuant to chapter 19, Laws of 1995 1st sp. sess.
(f) $78,000 of the general fund--state fiscal year 1997 appropriation is provided solely for the implementation of Substitute Senate Bill No. 6274 (supervision of sex offenders). If the bill is not enacted by June 30, 1996, the amount provided in this subsection shall lapse.
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((265,008,000))
262,352,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((270,221,000))
270,160,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((2,000,000))
2,153,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,214,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((538,443,000))
535,879,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $196,000 of the general fund--state fiscal year 1997 appropriation is provided solely for costs associated with data entry activities related to the department's efforts at managing health care costs, pursuant to chapter 19, Laws of 1995 1st sp. sess. and chapter 6, Laws of 1994 sp. sess.
(b) $17,000 of the general fund--state appropriation is provided solely to implement Substitute House Bill No. 2711 (illegal alien offender camps). If the bill is not enacted by June 30, 1996, the amount provided in this subsection shall lapse.
(c) Within the amounts appropriated in this subsection, the department shall fund the "Life Skills" program at the Washington correctional center for women in fiscal year 1997 at a level equal to or greater than that funded in fiscal year 1995.
(3) COMMUNITY CORRECTIONS
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((80,068,000))
78,843,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((81,226,000))
80,290,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 400,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((161,694,000))
159,533,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $72,000 of the general fund--state fiscal year 1997 appropriation is provided solely for the implementation of Substitute House Bill No. 2533 (supervision of misdemeanants). If the bill is not enacted by June 30, 1996, the amount shall lapse.
(b) $38,000 of the general fund--state fiscal year 1997 appropriation is provided solely for the implementation of Substitute Senate Bill No. 6274 (supervision of sex offenders). If the bill is not enacted by June 30, 1996, the amount provided in this subsection shall lapse.
(4) CORRECTIONAL INDUSTRIES
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 3,330,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((3,503,000))
3,603,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((6,833,000))
6,933,000
The appropriations in this subsection are subject to the following conditions and limitations: $100,000 of the general fund fiscal year 1997 appropriation is provided solely for transfer to the jail industries board. The board shall use the amount specified in this subsection 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 Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 6,223,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 6,223,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 12,446,000
Sec. 219. 1995 2nd sp.s. c 18 s 225 (uncodified) is amended to read as follows:
FOR THE SENTENCING GUIDELINES COMMISSION
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 517,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((469,000))
745,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((986,000))
1,262,000
The appropriations in this section are subject to the following conditions and limitations: $276,000 of the total general fund appropriation is provided solely for the implementation of Senate Bill No. 6253 (revising duties of sentencing guidelines commission). If this bill is not enacted by June 30, 1996, this amount shall lapse.
Sec. 220. 1995 2nd sp.s. c 18 s 226 (uncodified) is amended to read as follows:
FOR THE EMPLOYMENT SECURITY DEPARTMENT
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((334,000))
834,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((334,000))
5,279,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 190,936,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 21,965,000
Unemployment Compensation Administration
Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((177,891,000))
177,891,000
Administrative Contingency Account--((Federal))
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((8,146,000))
8,735,000
Employment Services Administrative Account--
((Federal)) State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 12,294,000
Employment and Training Trust Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 9,294,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((421,194,000))
427,228,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The employment security department shall spend no more than $25,049,511 of the unemployment compensation administration account--federal appropriation for the general unemployment insurance development effort (GUIDE) project. Authority to expend this amount is conditioned on compliance with section 902 of this act.
(2) The employment and training trust account appropriation shall not be expended until a plan for such expenditure is reviewed and approved by the workforce training and education coordinating board for consistency with chapter 226, Laws of 1993 (employment and training for unemployed workers), and the comprehensive plan for workforce training provided in RCW 28C.18.060(4).
(3) $95,000 of the employment services administrative account--federal appropriation is provided solely for a study of the financing provisions of the state's unemployment insurance law pursuant to Engrossed Senate Bill No. 5925.
(4) $500,000 of the general fund--state fiscal year 1996 appropriation and $4,945,000 of the general fund--state fiscal year 1997 appropriation are provided solely for the department to administer a comprehensive set of summer employment and training programs to disadvantaged youth. In administering this program, the department shall adhere to the following guidelines: (a) Coordinate with the work force training and education board and the service delivery areas in program development and implementation; (b) maximize employment and training opportunities for youth, while at the same time minimize state fiscal resources required; (c) adhere to the state's comprehensive plan for work force training; (d) support the state's one-stop approach to service delivery; (e) maintain low administrative overhead; (f) support the school-to-work transition system; and (g) submit an evaluation of the program by February 1, 1997. The evaluation shall identify: (i) The number of participants in the program by service delivery area; (ii) demographic information on the participants; (iii) the benefits to clients participating in employment and training programs; and (iv) recommendations on the merits of continuing the program.
PART III
NATURAL RESOURCES
Sec. 301. 1995 2nd sp.s. c 18 s 303 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((22,125,000))
22,289,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((20,639,000))
21,409,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((42,131,000))
41,534,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,385,000
Special Grass Seed Burning Research Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 42,000
Reclamation Revolving Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,664,000
Flood Control Assistance Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((4,000,000))
10,031,000
State Emergency Water Projects Revolving Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 312,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 189,000
Waste Reduction, Recycling, and Litter Control
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((5,461,000))
5,561,000
State and Local Improvements Revolving Account--
Waste Disposal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 1,000,000
State and Local Improvements Revolving Account--
Water Supply Facilities Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,344,000
Basic Data Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 182,000
Vehicle Tire Recycling Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((3,283,000))
5,759,000
Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((3,420,000))
3,583,000
Worker and Community Right to Know Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 408,000
State Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((49,924,000))
50,024,000
Local Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((3,342,000))
3,842,000
Water Quality Permit Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,600,000
Underground Storage Tank Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,336,000
Solid Waste Management Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,631,000
Hazardous Waste Assistance Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,476,000
Air Pollution Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((13,458,000))
16,221,000
Oil Spill Administration Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,939,000
Water Right Permit Processing Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((500,000))
750,000
Wood Stove Education Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,251,000
Air Operating Permit Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,548,000
Freshwater Aquatic Weeds Account Appropriation. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,187,000))
2,047,000
Oil Spill Response Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 7,060,000
Metals Mining Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 300,000
Water Pollution Control Revolving Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 165,000
Water Pollution Control Revolving Account--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,019,000))
1,419,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((223,132,000))
237,301,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((6,324,000)) 5,933,000 of the general fund--state appropriation is provided solely for the implementation of the Puget Sound water quality management plan. In addition, $394,000 of the general fund--federal appropriation, $819,000 of the state toxics control account appropriation, $3,591,000 of the water quality permit fee account appropriation, (($883,000 of the water quality account appropriation,)) and $2,715,000 of the oil spill administration account appropriation may be used for the implementation of the Puget Sound water quality management plan.
(((3))) (2) $150,000 of the state toxics control account appropriation and $150,000 of the local toxics control account appropriation are provided solely for implementing Engrossed Substitute House Bill No. 1810 (hazardous substance cleanup). If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.
(((4))) (3) $581,000 of the general fund--state appropriation, $170,000 of the air operating permit account appropriation, $80,000 of the water quality permit account appropriation, and $63,000 of the state toxics control account appropriation are provided solely for implementing Engrossed Substitute House Bill No. 1010 (regulatory reform). If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.
(((5))) (4) $2,000,000 of the state toxics control account appropriation is provided solely for the following purposes:
(a) To conduct remedial actions for sites for which there are no potentially liable persons or for which potentially liable persons cannot be found;
(b) To provide funding to assist potentially liable persons under RCW 70.105D.070(2)(d)(xi) to pay for the cost of the remedial actions; and
(c) To conduct remedial actions for sites for which potentially liable persons have refused to comply with the orders issued by the department under RCW 70.105D.030 requiring the persons to provide the remedial action.
(((6))) (5) $250,000 of the flood control assistance account is provided solely for a grant or contract to the lead local entity for technical analysis and coordination with the Army Corps of Engineers and local agencies to address the breach in the south jetty at the entrance of Grays Harbor.
(((7))) (6) $70,000 of the general fund--state appropriation, $90,000 of the state toxics control account appropriation, and $55,000 of the air pollution control account appropriation are provided solely to implement Engrossed Substitute House Bill No. 1724 (growth management). If the bill is not enacted by June 30, 1995, the amounts provided in this subsection shall lapse.
(((8))) (7) If Engrossed Substitute House Bill No. 1125 (dam safety inspections), or substantially similar legislation, is not enacted by June 30, 1995, then the department shall not expend any funds appropriated in this section for any regulatory activity authorized under RCW 90.03.350 with respect to hydroelectric facilities which require a license under the federal power act, 16 ASCUS Sec. 791a et seq. If Engrossed Substitute House Bill No. 1125, or substantially similar legislation, is enacted by June 30, 1995, then the department may apply all available funds appropriated under this section for regulatory activity authorized under RCW 90.03.350 for the purposes of inspecting and regulating the safety of dams under the exclusive jurisdiction of the state.
(((9))) (8) $425,000 of the general fund--state appropriation and $525,000 of the general fund--federal appropriation are provided solely for the Padilla Bay national estuarine research reserve and interpretive center.
(((11))) (9) The water right permit processing account is hereby created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used solely for water right permit processing((, regional water planning, and implementation of regional water plans)) and expenses associated with the Yakima adjudication.
(((12))) (10) $1,298,000 of the general fund--state appropriation, $188,000 of the general fund--federal appropriation, and $883,000 of the water quality account appropriation are provided solely to coordinate and implement the activities required by the Puget Sound water quality management plan and to perform the powers and duties under chapter 90.70 RCW.
(11) $110,000 of the water quality permit account appropriation is provided solely for the department and the wastewater discharge permit program partnership advisory group to hire a consultant. In conjunction with the department and the advisory group, the consultant shall develop a fee schedule for the 1997-99 biennium, based on a work load model. Further, as a part of developing the fee schedule, the consultant shall use a zero based budget approach to make recommendations regarding the size of the program, what activities are fee eligible, the rate of fee increases imposed on small businesses and small municipalities, and the ramifications on existing statutory rate limits. The consultant's recommendations shall be provided to the appropriate committees of the legislature by September 1, 1996.
(12) $331,000 of the flood control assistance account appropriation is provided solely for the implementation of flood reduction plans. Of this amount, $250,000 is to implement the Mason county flood reduction plan and $81,000 is to implement the Chelan/Douglas county flood reduction plan.
(13) Within the air pollution control account appropriation, the department shall continue monitoring air quality in the Northport area.
(14) $60,000 of the freshwater aquatic weeds account appropriation is provided solely for a grant to the department of fish and wildlife to control and eradicate purple loosestrife using the most cost-effective methods available, including chemical control where appropriate.
(15) Within the funds appropriated in this section, the department shall prepare a report regarding the feasibility of pollution reduction target measures for point source facilities that are based on actual facility outputs rather than technologies used within a facility. In preparing the report the department shall create and seek recommendations from an advisory committee consisting of business, local government, and environmental representatives. The department shall submit the report to the appropriate committees of the legislature by November 30, 1996.
(16) $700,000 of the flood control assistance account appropriation is provided solely for the study and abatement of coastal erosion in the region of Willapa bay, Grays Harbor, and the lower Columbia river.
(17) $5,000,000 of the flood control assistance account appropriation is provided solely for grants to assist local governments in repairing or replacing dikes and levees damaged in the November 1995 and February 1996 flood events.
(18) $500,000 of the local toxics control account appropriation is provided solely to satisfy nonfederal cost-sharing requirements for the Puget Sound confined disposal site feasibility study to be conducted jointly with the United States army corps of engineers. The study will address site design, construction standards, operational requirements, and funding necessary to establish a disposal site for contaminated aquatic sediments.
(19) $1,100,000 of the air pollution control account appropriation is provided solely for grants to local air pollution control authorities to expedite the redesignation of nonattainment areas. These funds shall not be used to supplant existing local funding sources for air pollution control authority programs. Of the amount allocated to the southwest Washington air pollution control authority, $25,000 is provided solely for the University of Washington to review a study by the southwest air pollution control authority on sources contributing to atmospheric ozone.
(20) $250,000 of the water right permit processing account appropriation is provided solely for additional staff and associated costs to support the Yakima county superior court in adjudicating water rights in the Yakima river basin.
(21) $590,000 of the general fund--state appropriation, $65,000 of the waste reduction, recycling, and litter control account appropriation, $65,000 of the state toxics control account appropriation, $250,000 of the air pollution control account appropriation, and $130,000 of the water pollution control revolving account--federal appropriation are provided solely for implementation of the department's information integration project.
(22) $300,000 of the general fund--state appropriation is provided solely for payment of attorneys' fees pursuant to Rettkowski v. Washington, (cause no. 62718-5).
Sec. 302. 1995 2nd sp.s. c 18 s 304 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((18,020,000))
18,145,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((17,877,000))
18,202,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 1,930,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,463,000))
31,000
Winter Recreation Program Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 725,000
Off Road Vehicle Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 241,000
Snowmobile Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 2,174,000
Aquatic Lands Enhancement Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 313,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 48,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 10,000
Waste Reduction, Recycling, and Litter Control
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 34,000
Water Trail Program Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 26,000
Parks Renewal and Stewardship Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((22,461,000))
23,893,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((65,322,000))
65,772,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $189,000 of the aquatic lands enhancement account appropriation is provided solely to implement the Puget Sound water quality plan.
(2) The general fund--state appropriation and the parks renewal and stewardship account appropriation are provided to maintain full funding and continued operation of all state parks and state parks facilities.
(3) $1,800,000 of the general fund--state appropriation is provided solely for the Washington conservation corps program established under chapter 43.220 RCW.
(4) $3,591,000 of the parks renewal and stewardship account appropriation is provided for the operation of a centralized reservation system, to expand marketing, to enhance concession review, and for other revenue generating activities.
(5) $100,000 of the general fund--state appropriation is provided solely for a state match to local funds to prepare a master plan for Mt. Spokane state park.
Sec. 303. 1995 2nd sp.s. c 18 s 307 (uncodified) is amended to read as follows:
FOR THE CONSERVATION COMMISSION
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((852,000))
867,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((810,000))
825,000
Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((202,000))
321,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((1,864,000))
2,013,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Not more than eight percent of the water quality account moneys administered by the commission may be used by the commission for administration and program activities related to the grant and loan program.
(2) $362,000 of the general fund appropriation is provided solely to implement the Puget Sound water quality management plan. ((In addition, $130,000 of the water quality account appropriation is provided for the implementation of the Puget Sound water quality management plan.))
(3) $42,000 of the general fund appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5616 (watershed restoration projects). If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.
(4) $750,000 of the general fund appropriation is provided solely for grants to local conservation districts.
Sec. 304. 1995 2nd sp.s. c 18 s 309 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((32,380,000))
33,187,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((32,339,000))
33,701,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 54,098,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 15,986,000
Off Road Vehicle Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 476,000
Aquatic Lands Enhancement Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 5,412,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 590,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 156,000
Recreational Fisheries Enhancement Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((2,200,000))
2,217,000
Wildlife Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ ((49,741,000))
50,003,000
Special Wildlife Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 1,884,000
Oil Spill Administration Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 831,000
Warm Water Game Fish Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 980,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((196,093,000))
199,521,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,532,000 of the general fund--state appropriation is provided solely to implement the Puget Sound water quality management plan.
(2) $250,000 of the general fund--state appropriation is provided solely for attorney general costs on behalf of the department of fisheries, department of natural resources, department of health, and the state parks and recreation commission in defending the state and public interests in tribal shellfish litigation (United States v. Washington, subproceeding 89-3). The attorney general costs shall be paid as an interagency reimbursement.
(((4))) (3) $350,000 of the wildlife account appropriation ((is)) and $145,000 of the general fund--state appropriation are provided solely for control and eradication of class B designate weeds on department owned and managed lands. The general fund--state appropriation is provided solely for control of spartina. The department shall use the most cost-effective methods available, including chemical control where appropriate, and report to the appropriate committees of the legislature by January 1, 1997, on control methods, costs, and acres treated during the previous year.
(((5))) (4) $250,000 of the general fund--state appropriation is provided solely for costs associated with warm water fish production. Expenditure of this amount shall be consistent with the goals established under RCW 77.12.710 for development of a warm water fish program. No portion of this amount may be expended for any type of feasibility study.
(((6))) (5) $634,000 of the general fund--state appropriation and $50,000 of the wildlife account appropriation are provided solely to implement Engrossed Substitute House Bill No. 1010 (regulatory reform). If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.
(((7))) (6) $2,000,000 of the general fund--state appropriation is provided solely for implementation of Second Substitute Senate Bill No. 5157 (mass marking), chapter 372, Laws of 1995, under the following conditions:
(a) If, by October 1, 1995, the state reaches agreement with Canada on a marking and detection program, implementation will begin with the 1994 Puget Sound brood coho.
(b) If, by October 1, 1995, the state does not reach agreement with Canada on a marking and detection program, a pilot project shall be conducted with 1994 Puget Sound brood coho.
(c) Full implementation will begin with the 1995 brood coho.
(d) $700,000 of the department's equipment funding and $300,000 of the department's administration funding will be redirected toward implementation of Second Substitute Senate Bill No. 5157 during the 1995-97 biennium.
(((8))) (7) The department shall request a reclassification study be conducted by the personnel resources board for hatchery staff. Any implementation of the study, if approved by the board, shall be pursuant to section 911 of this act.
(((9))) (8) Within the appropriations in this section, the department shall maintain the Issaquah hatchery at the current 1993-95 operational level.
(((10))) (9) $140,000 of the wildlife account appropriation is provided solely for a cooperative effort with the department of agriculture for research and eradication of purple loosestrife on state lands. The department shall use the most cost-effective methods available, including chemical control where appropriate, and report to the appropriate committees of the legislature by January 1, 1997, on control methods, costs, and acres treated during the previous year.
(((11))) (10) $110,000 of the aquatic lands enhancement account appropriation may be used for publishing a brochure concerning hydraulic permit application requirements for the control of spartina and purple loosestrife.
(11) $530,000 of the general fund--state appropriation is provided solely for providing technical assistance to landowners and for reviewing plans submitted to the state pursuant to the forest practices board's proposed rules for the northern spotted owl. If the rules are not adopted by September 1, 1996, the amount provided in this subsection shall lapse.
(12) $145,000 of the general fund--state appropriation is provided solely for the fish and wildlife commission to support additional commission meetings, briefings, and other activities necessary to ensure effective implementation of Referendum No. 45 during the 1995-97 biennium.
(13) $980,000 of the warm water game fish account appropriation is provided solely for implementation of the warm water game fish enhancement program pursuant to Fourth Substitute Senate Bill No. 5159. If the bill or substantially similar legislation is not enacted by June 30, 1996, the amount provided in this subsection shall lapse.
(14) $15,000 of the fiscal year 1997 general fund--state appropriation and $85,000 of the wildlife account appropriation are provided solely for the payment of claims during fiscal year 1997 arising from damages to crops by wildlife, pursuant to Second Substitute Senate Bill No. 6146 (wildlife claims). If the bill is not enacted by June 30, 1996, the amounts provided in this subsection shall lapse.
(15) $813,000 of the general fund--state appropriation is provided solely to operate Columbia river fish hatcheries for which federal funding has been reduced.
Sec. 305. 1995 2nd sp.s. c 18 s 310 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((20,300,000))
20,325,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((20,299,000))
20,424,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 3,024,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 414,000
Forest Development Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((37,946,000))
41,608,000
Off Road Vehicle Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 3,074,000
Surveys and Maps Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 1,788,000
Aquatic Lands Enhancement Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,512,000
Resource Management Cost Account Appropriation. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 11,624,000
Waste Reduction, Recycling, and Litter Control
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 440,000
Surface Mining Reclamation Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,273,000
Wildlife Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ 1,300,000
Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((2,000,000))
6,000,000
Aquatic Land Dredged Material Disposal Site
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 734,000
Natural Resources Conservation Areas Stewardship
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,003,000
Air Pollution Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 921,000
Watershed Restoration Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((5,000,000))
1,600,000
Metals Mining Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 41,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 62,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((113,693,000))
118,167,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $7,998,000 of the general fund--state appropriation is provided solely for the emergency fire suppression subprogram.
(2) $36,000 of the general fund--state appropriations is provided solely for the implementation of the Puget Sound water quality management plan. In addition, $957,000 of the aquatics lands enhancement account is provided for the implementation of the Puget Sound water quality management plan.
(3) $450,000 of the resource management cost account appropriation is provided solely for the control and eradication of class B designate weeds on state lands. The department shall use the most cost-effective methods available, including chemical control where appropriate, and report to the appropriate committees of the legislature by January 1, 1997, on control methods, costs, and acres treated during the previous year.
(4) $22,000 of the general fund--state appropriation is provided solely to implement Substitute House Bill No. 1437 (amateur radio repeater sites). If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.
(5) $49,000 of the air pollution control account appropriation is provided solely to implement Substitute House Bill No. 1287 (silvicultural burning). If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.
(6) $290,000 of the general fund--state appropriation, $10,000 of the surface mining reclamation account appropriation, and $29,000 of the air pollution control account appropriation are provided solely to implement Engrossed Substitute House Bill No. 1010 (regulatory reform). If this bill is not enacted by June 30, 1995, the amounts provided in this subsection shall lapse.
(7) By September 30, 1995, the agency shall report to the appropriate fiscal committees of the legislature on fire suppression costs incurred during the 1993-95 biennium. The report shall provide the following information: (a) An object breakdown of costs for the 1993-95 fire suppression subprogram; (b) the amount of reimbursement provided for personnel, services, and equipment outside the agency; (c) FTE levels and salary amounts by fund of positions backfilled as a result of the fires; (d) overtime costs paid to agency personnel; (e) equipment replacement costs, and (f) final allocation of costs for the Hatchery and Tyee fires between the United States forest service, local governments, and the state.
(8) By December 1, 1995, the department shall report to the house committee on natural resources and the senate committee on natural resources on measures taken to improve the health of the Loomis state forest.
(9) $13,000 of the general fund--state appropriation is provided solely to pay a portion of the rent charged to nonprofit television reception improvement districts pursuant to chapter 294, Laws of 1994.
(10) $1,200,000 of the general fund--state appropriation is provided solely for cooperative monitoring, evaluation, and research projects related to implementation of the timber-fish-wildlife agreement.
(11) Up to $572,000 of the general fund--state appropriation may be expended for the natural heritage program.
(12) $((13,000,000,)) 13,600,000 of which $((5,000,000)) 1,600,000 is from the watershed restoration account appropriation, $1,300,000 is from the wildlife account appropriation, $2,500,000 is from the resource management cost account appropriation, $500,000 is from the forest development account appropriation, $((2,000,000)) 6,000,000 is from the water quality account appropriation, and $1,700,000 is from the general fund--federal appropriation, is provided solely for the jobs in the environment program and/or the watershed restoration partnership program.
(a) These funds shall be used to:
(i) Restore and protect watersheds in accordance with priorities established to benefit fish stocks in critical or depressed condition as determined by the watershed coordinating council;
(ii) Conduct watershed restoration and protection projects primarily on state lands in coordination with federal, local, tribal, and private sector efforts; and
(iii) Create market wage jobs in environmental restoration for displaced natural resource impact area workers, as defined under Second Substitute Senate Bill No. 5342 (rural natural resource impact areas).
(b) Except as provided in subsection (c) of this section, these amounts are solely for projects jointly selected by the department of natural resources and the department of fish and wildlife. Funds may be expended for planning, design, and engineering for projects that restore and protect priority watersheds identified by the watershed coordinating council and conform to priorities for fish stock recovery developed through watershed analysis conducted by the department of natural resources and the department of fish and wildlife. Funds expended shall be used for specific projects and not for on-going operational costs. Eligible projects include, but are not limited to, closure or improvement of forest roads, repair of culverts, clean-up of stream beds, removal of fish barriers, installation of fish screens, fencing of streams, and construction and planting of fish cover.
(c) The department of natural resources and the department of fish and wildlife, in consultation with the watershed coordinating council, the office of financial management, and other appropriate agencies, shall report to the appropriate committees of the legislature on January 1, 1996, and annually thereafter, on any expenditures made from these amounts and a plan for future use of the moneys provided in this subsection. The plan shall include a prioritized list of watersheds and future watershed projects. The plan shall also consider future funding needs, the availability of federal funding, and the integration and coordination of existing watershed and protection programs.
(d) All projects shall be consistent with any development regulations or comprehensive plans adopted under the growth management act for the project areas. No funds shall be expended to acquire land through condemnation.
(e) Funds from the wildlife account appropriation shall be available only to the extent that the department of fish and wildlife sells surplus property.
(f) Funds from the resource management cost account appropriation shall only be used for projects on trust lands. Funds from the forest development account shall only be used for projects on county forest board lands.
(g) Projects under contract as of June 1, 1995 will be given first priority.
(13) $3,662,000 of the forest development account appropriation is provided solely to prepare forest board lands for harvest. To the extent possible, the department shall use funds provided in this subsection to hire unemployed timber workers to perform silviculture activities, address forest health concerns, and repair damages on these lands.
(14) $375,000 of the water quality account appropriation is provided solely for a grant to the department of ecology for continuing the Washington conservation corps program in fiscal year 1997.
(15) $1,306,000 of the resource management cost account appropriation is provided solely for forest-health related management activities at the Loomis state forest.
(16) $363,000 of the natural resources conservation areas stewardship account appropriation is provided solely for site-based management of state-owned natural area preserves and natural resource conservation areas.
Sec. 306. 1995 2nd sp.s. c 18 s 312 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF AGRICULTURE
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((6,770,000))
7,100,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((6,572,000))
7,157,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((4,278,000))
5,168,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 406,000
Aquatic Lands Enhancement Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 800,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 178,000
State Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,088,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((20,092,000))
21,897,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $300,000 of the general fund--state appropriation is provided solely for consumer protection activities of the department's weights and measures program. Moneys provided in this subsection may not be used for device inspection of the weights and measures program.
(2) $142,000 of the general fund--state appropriation is provided solely for the implementation of Engrossed Substitute House Bill No. 1010 (regulatory reform). If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.
(3) $100,000 of the general fund--state appropriation is provided solely for grasshopper and mormon cricket control.
(4) $200,000 of the general fund--state appropriation is provided solely for the agricultural showcase.
(5) $724,000 of the general fund--state appropriation and $891,000 of the general fund--federal appropriation are provided solely to monitor and eradicate the Asian gypsy moth.
(6) $71,000 of the general fund--state appropriation is provided solely to implement the Puget Sound water quality management plan.
NEW SECTION. Sec. 307. A new section is added 1995 2nd sp.s. c 18 (uncodified) to read as follows:
FOR THE OFFICE OF MARINE SAFETY
Oil Spill Administration Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000
The appropriation in this section is subject to the following conditions and limitations: $250,000 of the oil spill administration account appropriation is provided solely for the defense of the Intertanko litigation, Intertanko v. Washington (cause no. 951096c).
PART IV
TRANSPORTATION
Sec. 401. 1995 2nd sp.s. c 18 s 401 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((4,229,000))
4,336,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((4,257,000))
4,399,000
Architects' License Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((872,000))
899,000
Cemetery Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . $ ((167,000))
177,000
Professional Engineers' Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((2,235,000))
2,404,000
Real Estate Commission Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((6,172,000))
6,247,000
Industrial Insurance Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 24,000
Master License Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((5,800,000))
6,131,000
Uniform Commercial Code Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((4,929,000))
4,830,000
Real Estate Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 606,000
Funeral Directors and Embalmers Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((400,000))
369,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((29,667,000))
30,422,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $637,000 of the general fund appropriation is provided solely to implement sections 1001 through 1007 of Engrossed Substitute House Bill No. 1010 (regulatory reform). If the bill is not enacted by June 30, 1995, the amounts provided in this subsection shall lapse.
(2) $122,000 of the master license account appropriation is provided solely for the implementation of House Bill No. 2551 (limousine regulation). If the bill is not enacted by June 30, 1996, the amount provided in this subsection shall lapse.
Sec. 402. 1995 2nd sp.s. c 18 s 402 (uncodified) is amended to read as follows:
FOR THE STATE PATROL
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((7,198,000))
8,011,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((7,883,000))
11,232,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 1,035,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 254,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,492,000
County Criminal Justice Assistance
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,572,000
Municipal Criminal Justice Assistance Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,430,000
Fire Services Trust Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 90,000
Fire Services Training Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,740,000
State Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 425,000
Violence Reduction and Drug Enforcement
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,133,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((30,252,000))
34,414,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Expenditures from the nonappropriated fingerprint identification account for the automation of pre-employment background checks for public and private employers and background checks for firearms dealers and firearm purchasers are subject to office of financial management approval of a completed feasibility study.
(2) Expenditures from the county criminal justice assistance account appropriation and municipal criminal justice assistance account appropriation in this section shall be expended solely for enhancements to crime lab services.
(3) The Washington state patrol shall report to the department of information services and office of financial management by October 30, 1995, on the implementation and financing plan for the state-wide integrated narcotics system.
(4) $300,000 of the violence reduction and drug enforcement account appropriation is provided solely for enhancements to the organized crime intelligence unit.
(5) $813,000 of the general fund--state fiscal year 1996 appropriation and $3,247,000 of the general fund--state fiscal year 1997 appropriation are provided solely for the implementation of Second Substitute Senate Bill No. 6272 (background checks for school employees). If the bill is not enacted by June 30, 1996, the amounts provided in this subsection shall lapse. Expenditures of the amounts specified in this subsection shall be expended at the following rate: As the state patrol initiates the fingerprint process on a school employee, sixty-six dollars shall be transferred from the amounts specified in this subsection into the fingerprint identification account. Upon completion of the background check, seven dollars of this amount shall be transferred by the state patrol to the superintendent of public instruction for final disposition of the records check.
PART V
EDUCATION
Sec. 501. 1995 2nd sp.s. c 18 s 501 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR STATE ADMINISTRATION
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((18,341,000))
18,421,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((17,819,000))
37,689,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 39,791,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((400,000))
850,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((338,000))
3,138,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,122,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((79,811,000))
103,011,000
The appropriations in this section are subject to the following conditions and limitations:
(1) AGENCY OPERATIONS
(a) $770,000 of the general fund--state appropriation is provided solely for the operation and expenses of the state board of education, including basic education assistance activities.
(b) $659,000 of the general fund--state appropriation is provided solely for investigation activities of the office of professional practices.
(c) $1,700,000 of the general fund--state appropriation is provided solely to reprogram computer applications for collecting and processing school fiscal, personnel, and student data and for calculating apportionment payments and to upgrade agency computer hardware. A maximum of $600,000 of this amount shall be used for computer hardware.
By December 15, 1995, and before implementation of a new state-wide data system, the superintendent shall present a plan to the house of representatives and senate education and fiscal committees which identifies state data base uses that could involve potentially sensitive data on students and parents. The plan shall detail methods that the superintendent shall employ internally and recommend to school organizations to insure integrity and proper use of data in any student data base, with particular attention to eliminating unnecessary and intrusive data about nonschool related information.
(d) ((The entire)) $338,000 of the public safety and education account appropriation is provided solely for administration of the traffic safety education program, including in-service training related to instruction in the risks of driving while under the influence of alcohol and other drugs.
(e) The superintendent of public instruction shall develop standards and rules for disposal of surplus technology equipment accounting for proper depreciation and maximum benefit to the district from the disposal.
(2) STATE-WIDE PROGRAMS
(a) $2,174,000 of the general fund--state appropriation is provided for in-service training and educational programs conducted by the Pacific Science Center.
(b) $63,000 of the general fund--state appropriation is provided for operation of the Cispus environmental learning center.
(c) $2,654,000 of the general fund--state appropriation is provided for educational centers, including state support activities.
(d) $3,093,000 of the general fund--state appropriation is provided for grants for magnet schools to be distributed as recommended by the superintendent of public instruction pursuant to chapter 232, section 516(13), Laws of 1992.
(e) $4,370,000 of the general fund--state appropriation is provided for complex need grants. Grants shall be provided according to funding ratios established in LEAP Document 30C as developed on May 21, 1995, at 23:46 hours.
(f) $3,050,000 of the drug enforcement and education account appropriation ((is)) and $2,800,000 of the public safety and education account appropriation are provided solely for matching grants to enhance security in ((secondary)) schools. Not more than seventy-five percent of a district's total expenditures for school security in any school year may be paid from a grant under this subsection. The grants shall be expended solely for the costs of employing or contracting for building security monitors in ((secondary)) schools during school hours and school events. Of the amount provided in this subsection, at least $2,850,000 shall be spent for grants to districts that, during the 1988-89 school year, employed or contracted for security monitors in schools during school hours. However, these grants may be used only for increases in school district expenditures for school security over expenditure levels for the 1988-89 school year.
(g) Districts receiving allocations from subsections (2) (d) and (e) of this section shall submit an annual report to the superintendent of public instruction on the use of all district resources to address the educational needs of at-risk students in each school building. The superintendent of public instruction shall make copies of the reports available to the office of financial management and the legislature.
(h) $500,000 of the general fund--federal appropriation is provided for plan development and coordination as required by the federal goals 2000: Educate America Act. The superintendent shall collaborate with the commission on student learning for the plan development and coordination and submit quarterly reports on the plan development to the education committees of the legislature.
(i) $((400,000)) 850,000 of the health services account appropriation is provided solely for media productions by students ((at up to 40 sites)) to focus on issues and consequences of teenage pregnancy and child rearing. The projects shall be consistent with the provisions of Engrossed Second Substitute House Bill No. 2798 as passed by the 1994 legislature, including a local/private or public sector match equal to fifty percent of the state grant; and shall be awarded to schools or consortia not granted funds in 1993-94. $450,000 of this amount is for costs of new projects not funded in the 1995-96 school year.
(j) $7,000 of the general fund--state appropriation is provided to the state board of education to establish teacher competencies in the instruction of braille to legally blind and visually impaired students.
(k) $50,000 of the general fund--state appropriation is provided solely for matching grants to school districts for analysis of budgets for classroom-related activities as specified in chapter 230, Laws of 1995.
(l) $3,050,000 of the general fund--state appropriation is provided solely to implement Engrossed Second Substitute Senate Bill No. 5439 (nonoffender at-risk youth). Of that amount, $50,000 is provided for a contract in fiscal year 1996 to the Washington state institute for public policy to conduct an evaluation and review as outlined in section 81 of Engrossed Second Substitute Senate Bill No. 5439. Allocation of the remaining amount shall be based on the number of petitions filed in each district.
(m) $300,000 of the general fund--state appropriation is provided for alcohol and drug prevention programs pursuant to RCW 66.08.180.
(n) $1,500,000 of the general fund--state appropriation is provided for implementation of Engrossed Second Substitute House Bill No. 2909 (reading literacy). Of this amount: (i) $100,000 is for the center for the improvement of student learning's activities related to identifying effective reading programs, providing information on effective reading programs, and developing training programs for educators on effective reading instruction and assessment; (ii) $500,000 is for grants as specified in section 2 of the bill to provide incentives for the use of the effective reading programs; and (iii) $900,000 is for reading instruction and reading assessment training programs for educators as specified in section 3 of the bill.
(o) $5,000,000 of the general fund--state appropriation is provided to update high-technology vocational education equipment in the 1996-97 school year. Of this amount, $303,000 shall be allocated to skill centers. The superintendent shall allocate the remaining funds at a maximum rate of $91.46 per full-time equivalent vocational education student excluding skill center students. The funds shall be allocated prior to June 30, 1997.
(p) $10,000,000 of the general fund--state appropriation is provided solely for technology grants to school districts and for per diem and travel costs of the technology education committee for school years 1995-96 and 1996-97. A district is eligible for a grant if it either has ongoing programs emphasizing specific approaches to learning assisted by technology or it is identified by the center for the improvement of student learning based on best practices; and
(i) The district is part of a consortium, of at least two school districts, formed to pool resources to maximize technology related acquisitions, to start up new programs or new staff development, and to share advantages of the consortium with other districts;
(ii) The district will match state funds, on an equal value basis, with a combination of:
(A) Contributions through partnerships with technology companies, educational service districts, institutions of higher education, community and technical colleges, or any other organization with expertise in applications of technology to learning which are willing to assist school districts in applying technology to the learning process through in-kind assistance; and
(B) School district funds; and
(iii) The district has plans and means for evaluating the improvement in student learning resulting from the technology-based strategies of the district.
To the extent that funds are available, school districts that meet the criteria of this subsection shall be provided grants under this subsection in the order they are prioritized by the technology education committee and for no more than $600 per student in the proposed program.
The superintendent of public instruction shall appoint a technology education committee to develop an application and review process for awarding the technology grants established in this subsection. The committee shall be appointed by the superintendent and shall consist of five representatives from technology companies, five technology coordinators representing educational service districts, and five school district representatives. Committee members shall serve without additional compensation but shall be eligible for per diem and mileage allowances pursuant to RCW 43.03.050 and 43.03.060. The superintendent shall award the first round of technology grants based on the recommendation of the technology education committee by July 1, 1996. No more than fifty percent of funds provided in this appropriation shall be allocated in the first round of awards.
(q) $2,000,000 of the general fund--state appropriation is provided for start-up grants to establish alternative programs for students who have been truant, suspended, or expelled or are subject to other disciplinary actions in accordance with section 10 of Substitute House Bill No. 2640 (changing truancy provisions).
(r) $50,000 of the general fund--state appropriation is provided solely for allocation to the primary coordinators of the state geographic alliance for the purpose of improving the teaching of geography in the common school system.
(s) $100,000 of the general fund--state appropriation is provided solely for a contract for a feasibility analysis and implementation plan to provide the resources of a skill center for students in the area served by the north central educational service district.
(t) $1,000,000 of the general fund--state appropriation is provided for conflict resolution and anger management training.
Sec. 502. 1995 2nd sp.s. c 18 s 502 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR GENERAL APPORTIONMENT (BASIC EDUCATION)
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((3,174,826,000))
3,166,013,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((3,284,918,000))
3,261,992,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((6,459,744,000))
6,428,005,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriation includes such funds as are necessary for the remaining months of the 1994-95 school year.
(2) Allocations for certificated staff salaries for the 1995-96 and 1996-97 school years shall be determined using formula-generated staff units calculated pursuant to this subsection. Staff allocations for small school enrollments in (d) through (f) of this subsection shall be reduced for vocational full-time equivalent enrollments. Staff allocations for small school enrollments in grades K-6 shall be the greater of that generated under (a) of this subsection, or under (d) and (e) of this subsection. Certificated staffing allocations shall be as follows:
(a) On the basis of each 1,000 average annual full-time equivalent enrollments, excluding full-time equivalent enrollment otherwise recognized for certificated staff unit allocations under (c) through (f) of this subsection:
(i) Four certificated administrative staff units per thousand full-time equivalent students in grades K-12;
(ii) 49 certificated instructional staff units per thousand full-time equivalent students in grades K-3; and
(iii) An additional 5.3 certificated instructional staff units for grades K-3. Any funds allocated for these additional certificated units shall not be considered as basic education funding;
(A) Funds provided under this subsection (2)(a)(iii) in excess of the amount required to maintain the statutory minimum ratio established under RCW 28A.150.260(2)(b) shall be allocated only if the district documents an actual ratio equal to or greater than 54.3 certificated instructional staff per thousand full-time equivalent students in grades K-3. For any school district documenting a lower certificated instructional staff ratio, the allocation shall be based on the district's actual grades K-3 certificated instructional staff ratio achieved in that school year, or the statutory minimum ratio established under RCW 28A.150.260(2)(b), if greater;
(B) Districts at or above 51.0 certificated instructional staff per one thousand full-time equivalent students in grades K-3 may dedicate up to 1.3 of the 54.3 funding ratio to employ additional classified instructional assistants assigned to basic education classrooms in grades K-3. For purposes of documenting a district's staff ratio under this section, funds used by the district to employ additional classified instructional assistants shall be converted to a certificated staff equivalent and added to the district's actual certificated instructional staff ratio. Additional classified instructional assistants, for the purposes of this subsection, shall be determined using the 1989-90 school year as the base year;
(C) Any district maintaining a ratio equal to or greater than 54.3 certificated instructional staff per thousand full-time equivalent students in grades K-3 may use allocations generated under this subsection (2)(a)(iii) in excess of that required to maintain the minimum ratio established under RCW 28A.150.260(2)(b) to employ additional basic education certificated instructional staff or classified instructional assistants in grades 4-6. Funds allocated under this subsection (2)(a)(iii) shall only be expended to reduce class size in grades K-6. No more than 1.3 of the certificated instructional funding ratio amount may be expended for provision of classified instructional assistants; and
(iv) Forty-six certificated instructional staff units per thousand full-time equivalent students in grades 4-12; and
(b) For school districts with a minimum enrollment of 250 full-time equivalent students whose full-time equivalent student enrollment count in a given month exceeds the first of the month full-time equivalent enrollment count by 5 percent, an additional state allocation of 110 percent of the share that such increased enrollment would have generated had such additional full-time equivalent students been included in the normal enrollment count for that particular month;
(c) On the basis of full-time equivalent enrollment in:
(i) Vocational education programs approved by the superintendent of public instruction, 0.92 certificated instructional staff units and 0.08 certificated administrative staff units for each 18.3 full-time equivalent vocational students;
(ii) Skills center programs approved by the superintendent of public instruction, 0.92 certificated instructional staff units and 0.08 certificated administrative units for each 16.67 full-time equivalent vocational students; and
(iii) Indirect cost charges to vocational-secondary programs shall not exceed 10 percent;
(d) For districts enrolling not more than twenty-five average annual full-time equivalent students in grades K-8, and for small school plants within any school district which have been judged to be remote and necessary by the state board of education and enroll not more than twenty-five average annual full-time equivalent students in grades K-8:
(i) For those enrolling no students in grades seven and eight, 1.76 certificated instructional staff units and 0.24 certificated administrative staff units for enrollment of not more than five students, plus one-twentieth of a certificated instructional staff unit for each additional student enrolled; and
(ii) For those enrolling students in grades 7 or 8, 1.68 certificated instructional staff units and 0.32 certificated administrative staff units for enrollment of not more than five students, plus one-tenth of a certificated instructional staff unit for each additional student enrolled;
(e) For specified enrollments in districts enrolling more than twenty-five but not more than one hundred average annual full-time equivalent students in grades K-8, and for small school plants within any school district which enroll more than twenty-five average annual full-time equivalent students in grades K-8 and have been judged to be remote and necessary by the state board of education:
(i) For enrollment of up to sixty annual average full-time equivalent students in grades K-6, 2.76 certificated instructional staff units and 0.24 certificated administrative staff units; and
(ii) For enrollment of up to twenty annual average full-time equivalent students in grades 7 and 8, 0.92 certificated instructional staff units and 0.08 certificated administrative staff units;
(f) For districts operating no more than two high schools with enrollments of less than three hundred average annual full-time equivalent students, for enrollment in grades 9-12 in each such school, other than alternative schools:
(i) For remote and necessary schools enrolling students in any grades 9-12 but no more than twenty-five average annual full-time equivalent students in grades K-12, four and one-half certificated instructional staff units and one-quarter of a certificated administrative staff unit;
(ii) For all other small high schools under this subsection, nine certificated instructional staff units and one-half of a certificated administrative staff unit for the first sixty average annual full time equivalent students, and additional staff units based on a ratio of 0.8732 certificated instructional staff units and 0.1268 certificated administrative staff units per each additional forty-three and one-half average annual full time equivalent students.
Units calculated under (f)(ii) of this subsection shall be reduced by certificated staff units at the rate of forty-six certificated instructional staff units and four certificated administrative staff units per thousand vocational full-time equivalent students.
(g) For each nonhigh school district having an enrollment of more than seventy annual average full-time equivalent students and less than one hundred eighty students, operating a grades K-8 program or a grades 1-8 program, an additional one-half of a certificated instructional staff unit;
(h) For each nonhigh school district having an enrollment of more than fifty annual average full-time equivalent students and less than one hundred eighty students, operating a grades K-6 program or a grades 1-6 program, an additional one-half of a certificated instructional staff unit.
(3) Allocations for classified salaries for the 1995-96 and 1996-97 school years shall be calculated using formula-generated classified staff units determined as follows:
(a) For enrollments generating certificated staff unit allocations under subsection (2) (d) through (h) of this section, one classified staff unit for each three certificated staff units allocated under such subsections;
(b) For all other enrollment in grades K-12, including vocational full-time equivalent enrollments, one classified staff unit for each sixty average annual full-time equivalent students; and
(c) For each nonhigh school district with an enrollment of more than fifty annual average full-time equivalent students and less than one hundred eighty students, an additional one-half of a classified staff unit.
(4) Fringe benefit allocations shall be calculated at a rate of 20.71 percent in the 1995-96 school year and 20.71 percent in the 1996-97 school year of certificated salary allocations provided under subsection (2) of this section, and a rate of 18.77 percent in the 1995-96 school year and 18.77 percent in the 1996-97 school year of classified salary allocations provided under subsection (3) of this section.
(5) Insurance benefit allocations shall be calculated at the rates specified in section 504(2) of this act, based on the number of benefit units determined as follows:
(a) The number of certificated staff units determined in subsection (2) of this section; and
(b) The number of classified staff units determined in subsection (3) of this section multiplied by 1.152. This factor is intended to adjust allocations so that, for the purposes of distributing insurance benefits, full-time equivalent classified employees may be calculated on the basis of 1440 hours of work per year, with no individual employee counted as more than one full-time equivalent;
(6)(a) For nonemployee-related costs associated with each certificated staff unit allocated under subsection (2) (a), (b), and (d) through (h) of this section, there shall be provided a maximum of $7,656 per certificated staff unit in the 1995-96 school year and a maximum of $((7,893)) 7,786 per certificated staff unit in the 1996-97 school year.
(b) For nonemployee-related costs associated with each vocational certificated staff unit allocated under subsection (2)(c) of this section, there shall be provided a maximum of $14,587 per certificated staff unit in the 1995-96 school year and a maximum of $((15,039)) 14,835 per certificated staff unit in the 1996-97 school year.
(7) Allocations for substitute costs for classroom teachers shall be distributed at a maximum rate of $341 for the 1995-96 school year and $341 per year for the 1996-97 school year ((for)) per allocated classroom teacher((s)) excluding salary adjustments made in section 504 of this act. Solely for the purposes of this subsection, allocated classroom teachers shall be equal to the number of certificated instructional staff units allocated under subsection (2) of this section, multiplied by the ratio between the number of actual basic education certificated teachers and the number of actual basic education certificated instructional staff reported state-wide for the 1994-95 school year.
(8) Any school district board of directors may petition the superintendent of public instruction by submission of a resolution adopted in a public meeting to reduce or delay any portion of its basic education allocation for any school year. The superintendent of public instruction shall approve such reduction or delay if it does not impair the district's financial condition. Any delay shall not be for more than two school years. Any reduction or delay shall have no impact on levy authority pursuant to RCW 84.52.0531 and local effort assistance pursuant to chapter 28A.500 RCW.
(9) The superintendent may distribute a maximum of $((3,122,000)) 5,820,000 outside the basic education formula during fiscal years 1996 and 1997 as follows:
(a) For fire protection for school districts located in a fire protection district as now or hereafter established pursuant to chapter 52.04 RCW, a maximum of $431,000 may be expended in fiscal year 1996 and a maximum of $444,000 may be expended in fiscal year 1997;
(b) For summer vocational programs at skills centers, a maximum of $1,938,000 may be expended in ((the 1995-96 school year)) fiscal year 1996 and a maximum of $1,948,000 may be expended in fiscal year 1997; ((and))
(c) A maximum of $309,000 may be expended for school district emergencies; and
(d) A maximum of $250,000 may be expended for fiscal year 1996 and a maximum of $500,000 may be expended for fiscal year 1997 for programs providing skills training for secondary students who are at risk of academic failure or who have dropped out of school and are enrolled in the extended day school-to-work programs, as approved by the superintendent of public instruction. The funds shall be allocated at a rate not to exceed $500 per full-time equivalent student enrolled in those programs.
(10) For the purposes of RCW 84.52.0531, the increase per full-time equivalent student in state basic education appropriations provided under this act, including appropriations for salary and benefits increases, is 2.2 percent from the 1994-95 school year to the 1995-96 school year, and ((1.5)) 1.3 percent from the 1995-96 school year to the 1996-97 school year.
(11) If two or more school districts consolidate and each district was receiving additional basic education formula staff units pursuant to subsection (2) (b) through (h) of this section, the following shall apply:
(a) For three school years following consolidation, the number of basic education formula staff units shall not be less than the number of basic education formula staff units received by the districts in the school year prior to the consolidation; and
(b) For the fourth through eighth school years following consolidation, the difference between the basic education formula staff units received by the districts for the school year prior to consolidation and the basic education formula staff units after consolidation pursuant to subsection (2) (a) through (h) of this section shall be reduced in increments of twenty percent per year.
Sec. 503. 1995 2nd sp.s. c 18 s 503 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--BASIC EDUCATION EMPLOYEE COMPENSATION
(1) The following calculations determine the salaries used in the general fund allocations for certificated instructional, certificated administrative, and classified staff units under section 502 of this act:
(a) For the 1995-96 school year, salary allocations for certificated instructional staff units shall be determined for each district by multiplying the district's certificated instructional derived base salary shown on LEAP Document 12C, by the district's average staff mix factor for basic education certificated instructional staff in that school year, computed using LEAP Document 1A; ((and))
(b) For the 1996-97 school year, salary allocations for certificated instructional staff units shall be determined for each district by multiplying the district's certificated instructional derived base salary shown on LEAP Document 12C, by the district's average staff mix factor for basic education certificated instructional staff and special education certificated instructional staff for that year, computed using LEAP Document 1A; and
(c) Salary allocations for certificated administrative staff units and classified staff units for each district shall be based on the district's certificated administrative and classified salary allocation amounts shown on LEAP Document 12C.
(2) For the purposes of this section:
(a) "Basic education certificated instructional staff" is defined as provided in RCW 28A.150.100;
(b) "LEAP Document 1A" means the computerized tabulation establishing staff mix factors for ((basic education)) certificated instructional staff according to education and years of experience, as developed by the legislative evaluation and accountability program committee on April 8, 1991, at 13:35 hours; and
(c) "LEAP Document 12C" means the computerized tabulation of 1995-96 and 1996-97 school year salary allocations for basic education certificated administrative staff and basic education classified staff and derived base salaries for basic education certificated instructional staff as developed by the legislative evaluation and accountability program committee on May 21, 1995, at 23:35 hours.
(3) Incremental fringe benefit factors shall be applied to salary adjustments at a rate of 20.07 percent for certificated staff and 15.27 percent for classified staff for both years of the biennium.
(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:
STATE-WIDE SALARY ALLOCATION SCHEDULE
FOR SCHOOL YEARS 1995-96 AND 1996-97
Years of
Service BA BA+15 BA+30 BA+45 BA+90
0 22,282 22,884 23,508 24,131 26,137
1 23,012 23,633 24,277 24,942 27,007
2 23,75 24,398 25,060 25,790 27,889
3 24,539 25,200 25,881 26,651 28,787
4 25,336 26,037 26,738 27,549 29,740
5 26,169 26,889 27,609 28,482 30,709
6 27,037 27,754 28,515 29,450 31,710
7 27,919 28,654 29,434 30,429 32,745
8 28,814 29,590 30,388 31,465 33,813
9 30,559 31,396 32,512 34,915
10 32,417 33,613 36,048
11 34,746 37,235
12 35,843 38,452
13 39,700
14 40,955
15 or more 42,020
Years of MA+90
Service BA+135 MA MA+45 or PHD
0 27,429 26,715 28,720 30,012
1 28,316 27,526 29,590 30,899
2 29,238 28,374 30,472 31,820
3 30,195 29,235 31,370 32,779
4 31,188 30,133 32,324 33,771
5 32,214 31,065 33,292 34,797
6 33,253 32,033 34,294 35,837
7 34,347 33,013 35,329 36,931
8 35,473 34,048 36,397 38,057
9 36,632 35,095 37,499 39,215
10 37,822 36,196 38,632 40,405
11 39,044 37,329 39,818 41,627
12 40,316 38,508 41,036 42,900
13 41,620 39,726 42,284 44,203
14 42,972 40,981 43,619 45,556
15 or more 44,089 42,046 44,753 46,740
(b) As used in this subsection, the column headings "BA+(N)" refer to the number of credits earned since receiving the baccalaureate degree.
(c) For credits earned after the baccalaureate degree but before the masters degree, any credits in excess of forty-five credits may be counted after the masters degree. Thus, as used in this subsection, the column headings "MA+(N)" refer to the total of:
(i) Credits earned since receiving the masters degree; and
(ii) Any credits in excess of forty-five credits that were earned after the baccalaureate degree but before the masters degree.
(5) For the purposes of this section:
(a) "BA" means a baccalaureate degree.
(b) "MA" means a masters degree.
(c) "PHD" means a doctorate degree.
(d) "Years of service" shall be calculated under the same rules used by the superintendent of public instruction for salary allocations in the 1994-95 school year.
(e) "Credits" means college quarter hour credits and equivalent in-service credits computed in accordance with RCW 28A.415.020 or as hereafter amended.
(6) No more than ninety college quarter-hour credits received by any employee after the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in this act, or any replacement schedules and documents, unless:
(a) The employee has a masters degree; or
(b) The credits were used in generating state salary allocations before January 1, 1992.
(7)(a) Credits earned by certificated instructional staff after September 1, 1995, shall be counted only if the content of the course: (i) Is consistent with the school district's strategic plan for improving student learning; (ii) is consistent with a school-based plan for improving student learning developed under section 520(2) of this act for the school in which the individual is assigned; (iii) pertains to the individual's current assignment or expected assignment for the following school year; (iv) is necessary for obtaining an endorsement as prescribed by the state board of education; (v) is specifically required for obtaining advanced levels of certification; or (vi) is included in a college or university degree program that pertains to the individual's current assignment, or potential future assignment, as a certificated instructional staff.
(b) Once credits earned by certificated instructional staff have been determined to meet one or more of the criteria in (a) of this subsection, the credits shall be counted even if the individual transfers to other school districts.
(8) The salary allocation schedules established in this section are for allocation purposes only except as provided in RCW 28A.400.200(2).
Sec. 504. 1995 2nd sp.s. c 18 s 504 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTS
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((96,500,000))
96,201,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((123,377,000))
122,763,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((219,877,000))
218,964,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((218,748,000)) 217,835,000 is provided for cost of living adjustments of 4.0 percent effective September 1, 1995, for state-formula staff units. The appropriation includes associated incremental fringe benefit allocations for both years at rates 20.07 percent for certificated staff and 15.27 percent for classified staff.
(a) The appropriation in this section includes the increased portion of salaries and incremental fringe benefits for all relevant state funded school programs in PART V of this act. Salary adjustments for state employees in the office of superintendent of public instruction and the education reform program are provided in the Special Appropriations sections of this act. Increases for general apportionment (basic education) are based on the salary allocation schedules and methodology in section 503 of this act. Increases for special education result from increases in each district's basic education allocation per student. Increases for educational service districts and institutional education programs are determined by the superintendent of public instruction using the methodology for general apportionment salaries and benefits in section 503 of this act.
(b) The appropriation in this section provides salary increase and incremental fringe benefit allocations for the following programs based on formula adjustments as follows:
(i) For pupil transportation, an increase of $0.77 per weighted pupil-mile for the 1995-96 school year and maintained for the 1996-97 school year;
(ii) For learning assistance, an increase of $11.24 per eligible student for the 1995-96 school year and maintained for the 1996-97 school year;
(iii) For education of highly capable students, an increase of $8.76 per formula student for the 1995-96 school year and maintained for the 1996-97 school year; and
(iv) For transitional bilingual education, an increase of $22.77 per eligible bilingual student for the 1995-96 school year and maintained for the 1996-97 school year.
(2) The maintenance rate for insurance benefits shall be $313.95 for the 1995-96 school year and $314.51 for the 1996-97 school year. Funding for insurance benefits is included within appropriations made in other sections of Part V of this act.
(3) Effective September 1, 1995, a maximum of $1,129,000 is provided for a 4 percent increase in the state allocation for substitute teachers in the general apportionment programs.
(4) The rates specified in this section are subject to revision each year by the legislature.
Sec. 505. 1995 2nd sp.s. c 18 s 506 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PUPIL TRANSPORTATION
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((155,970,000))
154,391,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((164,511,000))
174,362,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((320,481,000))
328,753,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriation includes such funds as are necessary for the remaining months of the 1994-95 school year.
(2) A maximum of $1,347,000 may be expended for regional transportation coordinators and related activities. The transportation coordinators shall ensure that data submitted by school districts for state transportation funding shall, to the greatest extent practical, reflect the actual transportation activity of each district. The 1994 travel time to contiguous school district study shall be continued and a report submitted to the fiscal committees of the legislature by December 1, 1995.
(3) A maximum of $40,000 is provided to complete the computerized state map project containing school bus routing information. This information and available data on school buildings shall be consolidated. Data formats shall be compatible with the geographic information system (GIS) and included insofar as possible in the GIS system.
(4) $180,000 is provided solely for the transportation of students enrolled in "choice" programs. Transportation shall be limited to low-income students who are transferring to "choice" programs solely for educational reasons.
(5) Beginning with the 1995-96 school year, the superintendent of public instruction shall implement a state bid process for the purchase of school buses pursuant to Engrossed Substitute Senate Bill No. 5408.
(6) Of this appropriation, a maximum of $((8,807,000)) 8,963,000 may be allocated in the 1995-96 school year ((and a maximum of $8,894,000 may be allocated in the 1996-97 school year)) for hazardous walking conditions. The superintendent shall ensure that the conditions specified in RCW 28A.160.160(4) for state funding of hazardous walking conditions for any district are fully and strictly adhered to, and that no funds are allocated in any instance in which a district is not actively and to the greatest extent possible engaged in efforts to mitigate hazardous walking conditions.
(7) For the 1996-97 school year, a maximum of $13,546,000 may be allocated for transportation services in accordance with Senate Bill No. 6684 (student safety to and from school). A district's allocation shall be based on the number of enrolled students in grades kindergarten through five living within one radius mile from their assigned school multiplied by 1.29. "Enrolled students in grades kindergarten through five" for purposes of this section means the number of kindergarten through five students, living within one radius mile, who are enrolled during the week that each district's bus ridership count is taken.
(8) The minimum load factor in the operations formula shall be calculated based on all students transported to and from school.
(9) For the 1996-97 school year, the superintendent of public instruction shall revise the expected bus lifetimes used for determining bus reimbursement payments in the following manner:
(a) The twenty-year bus category shall be reduced to eighteen years; and
(b) The fifteen-year bus category shall be reduced to thirteen years.
Sec. 506. 1995 2nd sp.s. c 18 s 508 (uncodified) is amended to read as follows:
SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SPECIAL EDUCATION PROGRAMS
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((380,179,000))
379,771,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((373,289,000))
368,149,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 98,684,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((852,152,000))
846,604,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The general fund--state appropriation includes such funds as are necessary for the remaining months of the 1994-95 school year.
(2) In recognition of the need for increased flexibility at the local district level to facilitate the provision of appropriate education to children ((with disabilities)) in need of special education, and the need for substantive educational reform for a significant portion of the school population, the funding formula for special education is modified. These changes result from a 1994 study and recommendations by the institute for public policy and the legislative budget committee, aided by the office of the superintendent of public instruction and the statewide task force for the development of special education funding alternatives. The new formula is for allocation purposes only and is not intended to prescribe or imply any particular pattern of special education service delivery other than that contained in a properly formulated, locally determined, individualized education program.
(3) The superintendent of public instruction shall distribute state funds to school districts based on two categories, the mandatory special education program for special education students ages three to twenty-one and the optional birth through age two program for developmentally delayed infants and toddlers. The superintendent shall review current state eligibility criteria for the fourteen special education categories and consider changes which would reduce assessment time and administrative costs associated with the special education program.
(4) For the 1995-96 and 1996-97 school years, the superintendent shall distribute state funds to each district based on the sum of:
(a) A district's annual average headcount enrollment of developmentally delayed infants and toddlers ages birth through two, times the district's average basic education allocation per full-time equivalent student, times 1.15; and
(b) A district's annual average full-time equivalent basic education enrollment times the enrollment percent, times the district's average basic education allocation per full-time equivalent student times 0.9309.
(5) The definitions in this subsection apply throughout this section.
(a) "Average basic education allocation per full-time equivalent student" for a district shall be based on the staffing ratios required by RCW 28A.150.260 (i.e., 49/1000 certificated instructional staff in grades K-3, and 46/1000 in grades 4-12), and shall not include enhancements for K-3, secondary vocational education, or small schools.
(b) "Annual average full-time equivalent basic education enrollment" means the resident enrollment including students enrolled through choice (RCW 28A.225.225) and students from nonhigh districts (RCW 28A.225.210) and excluding students residing in another district enrolled as part of an interdistrict cooperative program (RCW 28A.225.250).
(c) "Enrollment percent" shall mean the district's resident special education annual average enrollment including those students counted under the special education demonstration projects, excluding the birth through age two enrollment, as a percent of the district's annual average full-time equivalent basic education enrollment. For the 1995-96 and the 1996-97 school years, each district's enrollment percent shall be:
(i) For districts whose enrollment percent for 1994-95 was at or below 12.7 percent, the lesser of the district's actual enrollment percent for the school year for which the allocation is being determined or 12.7 percent.
(ii) For districts whose enrollment percent for 1994-95 was above 12.7 percent, the lesser of:
(A) The district's actual enrollment percent for the school year for which the special education allocation is being determined; or
(B) The district's actual enrollment percent for the school year immediately prior to the school year for which the special education allocation is being determined if not less than 12.7 percent; or
(C) For 1995-96, the 1994-95 enrollment percent reduced by 25 percent of the difference between the district's 1994-95 enrollment percent and 12.7. For 1996-97, the 1994-95 enrollment percent reduced by 50 percent of the difference between the district's 1994-95 enrollment percent and 12.7.
(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 12.7, and shall be calculated in the aggregate rather than individual district units. For purposes of subsection (5) of this section, the average basic education allocation per full-time equivalent student shall be calculated in the aggregate rather than individual district units.
(7) A minimum of $4.5 million of the general fund--federal appropriation shall be expended for safety net funding to meet the extraordinary needs of individual special education students.
(((7))) (8) From the general fund--state appropriation, $14,600,000 is provided for the 1995-96 school year, and $((19,575,000)) 15,850,000 for the 1996-97 school year, for safety net purposes for districts with demonstrable funding needs for special education beyond the combined amounts provided in subsection (4) of this section. The superintendent of public instruction shall, by rule, establish procedures and standards for allocation of safety net funds. In the 1995-96 school year, school districts shall submit their requests for safety net funds to the appropriate regional committee established by the superintendent of public instruction. Regional committees shall make recommendations to the state oversight committee for approval. For the 1996-97 school year, requests for safety net funds under this subsection shall be submitted to the state oversight committee. The following conditions and limitations shall be applicable to school districts requesting safety net funds:
(a) For a school district requesting state safety net funds due to special characteristics of the district and costs of providing services which differ significantly from the assumptions contained in the funding formula, the procedures and standards shall permit relief only if a district can demonstrate at a minimum that:
(i) Individualized education plans are appropriate and are properly and efficiently prepared and formulated;
(ii) The district is making a reasonable effort to provide appropriate program services for special education students utilizing state funds generated by the apportionment and special education funding formulas;
(iii) The district's programs are operated in a reasonably efficient manner and that the district has adopted a plan of action to contain or eliminate any unnecessary, duplicative, or inefficient practices;
(iv) Indirect costs charged to this program do not exceed the allowable percent for the federal special education program;
(v) Any available federal funds are insufficient to address the additional needs; and
(vi) The costs of any supplemental contracts are not charged to this program for purposes of making these determinations.
(b) For districts requesting safety net funds due to federal maintenance of effort requirements, as a result of changes in the state special education formula, the procedures and standards shall permit relief only if a district can demonstrate at a minimum that:
(i) Individualized education plans are appropriate and are properly and efficiently prepared and formulated; and
(ii) The district is making a reasonable effort to provide appropriate program services for special education students utilizing state funds generated by the apportionment and special education funding formulas((; and
(iii) Calculations made in accordance with subsection (8) of this section with respect to state fund allocations justify a need for additional funds for compliance with federal maintenance of effort requirements)).
(c) For districts requesting safety net funds due to federal maintenance of effort requirements as a result in changes in the state special education formula, amounts provided for this purpose shall be calculated by the superintendent of public instruction and adjusted periodically based on the most current information available to the superintendent. The amount provided shall not exceed the lesser of:
(i) The district's 1994-95 state excess cost allocation for resident special education students minus the relevant school year's state special education formula allocation;
(ii) The district's 1994-95 state excess cost allocation per resident special education student times the number of formula funded special education students for the relevant school year minus the relevant school year's special education formula allocation;
(iii) The amount requested by the district; or
(iv) The amount awarded by the state oversight committee.
(((8))) (9)(a) For purposes of making safety net determinations pursuant to subsection (((7))) (8) of this section, the superintendent shall make available to each school district, from available data, prior to June 1st of each year:
(i) The district's 1994-95 enrollment percent;
(ii) For districts with a 1994-95 enrollment percent over 12.7 percent, the maximum 1995-96 enrollment percent, and prior to 1996-97 the maximum 1996-97 enrollment percent;
(iii) The estimate to be used for purposes of subsection (((7))) (8) of this section of each district's 1994-95 special education allocation showing the excess cost and the basic education portions; and
(iv) If necessary, a process for each district to estimate the 1995-96 school year excess cost allocation for special education and the portion of the basic education allocation formerly included in the special education allocation. This process may utilize the allocations generated pursuant to subsection (4) of this section, each district's 1994-95 estimated basic education backout percent for the 1994-95 school year, and state compensation increases for 1995-96.
(b) The superintendent, in consultation with the state auditor, shall take all necessary steps to successfully transition to the new formula and minimize paperwork at the district level associated with federal maintenance of effort calculations. The superintendent shall develop such rules and procedures as are necessary to implement this process for the 1995-96 school year, and may use the same process ((for the 1996-97 school year if found necessary for federal maintenance of effort calculations)).
(((9))) (10) Prior to adopting any standards, procedures, or processes required to implement this section, the superintendent shall consult with the office of financial management and the fiscal committees of the legislature.
(((10))) (11) Membership of the regional committees, in the 1995-96 school year, may include, but not be limited to:
(a) A representative of the superintendent of public instruction;
(b) One or more representatives from school districts including board members, superintendents, special education directors, and business managers; and
(c) One or more staff from an educational service district.
(((11))) (12) The state oversight committee appointed by the superintendent of public instruction shall consist of:
(a) Staff of the office of superintendent of public instruction;
(b) Staff of the office of the state auditor;
(c) Staff from the office of the financial management; and
(d) One or more representatives from school districts or educational service districts knowledgeable of special education programs and funding.
(((12))) (13) The institute for public policy, in cooperation with the superintendent of public instruction, the office of financial management, and the fiscal committees of the legislature, shall evaluate the operation of the safety nets under subsections (((6))) (7) and (((7))) (8) of this section and shall prepare an interim report by December 15, 1995, and a final report on the first school year of operation by October 15, 1996.
(((13))) (14) A maximum of $678,000 may be expended from the general fund--state appropriation 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.
(((14))) (15) $1,000,000 of the general fund--federal appropriation is provided solely for projects to provide special education students with appropriate job and independent living skills, including work experience where possible, to facilitate their successful transition out of the public school system. The funds provided by this subsection shall be from federal discretionary grants.
(((15))) (16) Not more than $80,000 of the general fund--federal appropriation shall be expended for development of an inservice training program to identify students with dyslexia who may be in need of special education.
(17) A maximum of $933,600 of the general fund--state appropriation in fiscal year 1996 and a maximum of $933,600 of the general fund--state appropriation for fiscal year 1997 may be expended for state special education coordinators housed at each of the educational service districts. Employment and functions of the special education coordinators shall be determined in consultation with the superintendent of public instruction.
Sec. 507. 1995 2nd sp.s. c 18 s 509 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR TRAFFIC SAFETY EDUCATION PROGRAMS
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((17,488,000))
16,928,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation includes such funds as are necessary for the remaining months of the 1994-95 school year.
(2) A maximum of $507,000 shall be expended for regional traffic safety education coordinators.
(3) The maximum basic state allocation per student completing the program shall be $137.16 in the 1995-96 and 1996-97 school years.
(4) Additional allocations to provide tuition assistance for students from low-income families who complete the program shall be a maximum of $66.81 per eligible student in the 1995-96 and 1996-97 school years.
Sec. 508. 1995 2nd sp.s. c 18 s 510 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR EDUCATIONAL SERVICE DISTRICTS
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((4,411,000))
4,491,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 4,410,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((8,821,000))
8,901,000
The appropriation in this section is 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) $225,000 of the general fund appropriation is provided solely for student teaching centers as provided in RCW 28A.415.100.
(3) $360,000 of the general fund appropriation is provided solely to continue implementation of chapter 109, Laws of 1993 (collaborative development school projects).
(4) A maximum of $350,000 may be expended for centers for improvement of teaching pursuant to RCW 28A.415.010.
(5) $80,000 is provided solely for allocation to educational service district no. 121 for dyslexia training services provided to teachers in the Tacoma school districts by a nonprofit organization with expertise in this field.
Sec. 509. 1995 2nd sp.s. c 18 s 511 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR LOCAL EFFORT ASSISTANCE
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((75,408,000))
76,871,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((79,592,000))
82,806,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((155,000,000))
159,677,000
Sec. 510. 1995 2nd sp.s. c 18 s 513 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR EDUCATION OF INDIAN CHILDREN
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((370,000))
55,000
Sec. 511. 1995 2nd sp.s. c 18 s 514 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR INSTITUTIONAL EDUCATION PROGRAMS
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((15,417,000))
15,798,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((15,795,000))
17,928,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 8,548,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((39,760,000))
42,274,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The general fund--state appropriation includes such funds as are necessary for the remaining months of the 1994-95 school year.
(2) State funding provided under this section is based on salaries and other expenditures for a 220-day school year. The superintendent of public instruction shall monitor school district expenditure plans for institutional education programs to ensure that districts plan for a full-time summer program.
(3) State funding for each institutional education program shall be based on the institution's annual average full-time equivalent student enrollment. Staffing ratios for each category of institution and other state funding assumptions shall be those specified in the legislative budget notes.
Sec. 512. 1995 2nd sp.s. c 18 s 515 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PROGRAMS FOR HIGHLY CAPABLE STUDENTS
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((4,254,000))
4,200,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((4,277,000))
4,254,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((8,531,000))
8,454,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation includes such funds as are necessary for the remaining months of the 1994-95 school year.
(2) Allocations for school district programs for highly capable students shall be distributed for up to one and one-half percent of each district's full-time equivalent basic education act enrollment.
(3) $436,000 of the appropriation is for the Centrum program at Fort Worden state park.
Sec. 513. 1995 2nd sp.s. c 18 s 516 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--EDUCATION REFORM PROGRAMS
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((17,904,000))
16,715,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((18,062,000))
19,251,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 12,500,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 48,466,000
The appropriation in this section is subject to the following conditions and limitations:
(1) (($3,819,000 of the general fund--state appropriation is provided solely for the operation of the commission on student learning under RCW 28A.630.883 through 28A.630.953. The commission on student learning shall report on a regular basis regarding proposed activities and expenditures of the commission.
(2) $4,890,000 of the general fund--state appropriation and $800,000 of the general fund--federal appropriation are provided solely for development of assessments as required in RCW 28A.630.885 as amended by House Bill No. 1249.
(3))) $8,709,000 of the general fund--state appropriation and $800,000 of the general fund--federal appropriation are provided for the operation of the commission on student learning and development of assessments. The commission shall report on a regular basis regarding proposed activities and expenditures to the education and fiscal committees of the legislature. The fiscal year splits assumed in calculating the appropriation in this subsection reflect the timelines of Substitute House Bill No. 2695.
(2) $2,190,000 of the general fund--state appropriation is provided solely for training of paraprofessional classroom assistants and certificated staff who work with classroom assistants as provided in RCW 28A.415.310.
(((4))) (3) $2,970,000 of the general fund--state appropriation is provided for school-to-work transition projects in the common schools, including state support activities, under RCW 28A.630.861 through 28A.630.880.
(((5))) (4) $2,970,000 of the general fund--state appropriation is provided for mentor teacher assistance, including state support activities, under RCW 28A.415.250 and 28A.415.260. Funds for the teacher assistance program shall be allocated to school districts based on the number of beginning teachers.
(((6))) (5) $1,620,000 of the general fund--state appropriation is provided for superintendent and principal internships, including state support activities, under RCW 28A.415.270 through 28A.415.300.
(((7))) (6) $4,050,000 of the general fund--state appropriation is provided for improvement of technology infrastructure, the creation of a student database, and educational technology support centers, including state support activities, under chapter 28A.650 RCW.
(((8))) (7) $7,200,000 of the general fund--state appropriation is provided for grants to school districts to provide a continuum of care for children and families to help children become ready to learn. Grant proposals from school districts shall contain local plans designed collaboratively with community service providers. If a continuum of care program exists in the area in which the school district is located, the local plan shall provide for coordination with existing programs to the greatest extent possible. Grant funds shall be allocated pursuant to RCW 70.190.040.
(((9))) (8) $5,000,000 of the general fund--state appropriation is provided solely for the meals for kids program under RCW 28A.235.145 through 28A.235.155 and shall be distributed as follows:
(a) $442,000 is provided solely for start-up grants for schools not eligible for federal start-up grants and for summer food service programs; and
(b) $4,558,000 of the general fund--state appropriation is provided solely to increase the state subsidy for free and reduced-price breakfasts.
(((10))) (9) $1,260,000 of the general fund--state appropriation is provided for technical assistance related to education reform through the office of the superintendent of public instruction, in consultation with the commission on student learning, as specified in RCW 28A.300.130 (center for the improvement of student learning).
(((11))) (10) $1,700,000 of the general fund--federal appropriation is provided for professional development grants.
(((12))) (11) $10,000,000 of the general fund--federal appropriation is provided solely for competitive grants to school districts for implementation of education reform. To the extent that additional federal goals 2000 funds become available, the superintendent shall also allocate such additional funds for the same purpose.
Sec. 514. 1995 2nd sp.s. c 18 s 518 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR TRANSITIONAL BILINGUAL PROGRAMS
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((27,286,000))
26,378,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((29,566,000))
28,432,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((56,852,000))
54,810,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation provides such funds as are necessary for the remaining months of the 1994-95 school year.
(2) The superintendent shall distribute a maximum of $623.21 per eligible bilingual student in the 1995-96 school year and $623.31 in the 1996-97 school year.
Sec. 515. 1995 2nd sp.s. c 18 s 519 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR THE LEARNING ASSISTANCE PROGRAM
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((56,293,000))
56,417,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((57,807,000))
58,210,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((114,100,000))
114,627,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriation provides such funds as are necessary for the remaining months of the 1994-95 school year.
(2) For making the calculation of the percentage of students scoring in the lowest quartile as compared with national norms, beginning with the 1991-92 school year, the superintendent shall multiply each school district's 4th and 8th grade test results by 0.86.
(3) Funding for school district learning assistance programs shall be allocated at a maximum rate of $366.74 per unit for the 1995-96 school year and a maximum of $366.81 per unit in the 1996-97 school year. School districts may carryover up to 10 percent of funds allocated under this program; however, carryover funds shall be expended for the learning assistance program.
(a) A school district's units for the 1995-96 school year shall be the sum of the following:
(i) The 1995-96 full-time equivalent enrollment in kindergarten through 6th grade, times the 5-year average 4th grade test result as adjusted pursuant to subsection (2) of this section, times 0.96; and
(ii) The 1995-96 full-time equivalent enrollment in grades 7 through 9, times the 5-year average 8th grade test result as adjusted pursuant to subsection (2) of this section, times 0.96; and
(iii) If the district's percentage of October 1994 headcount enrollment in grades K-12 eligible for free and reduced price lunch exceeds the state average, subtract the state average percentage of students eligible for free and reduced price lunch from the district's percentage and multiply the result by the district's 1995-96 K-12 annual average full-time equivalent enrollment times 11.68 percent.
(b) A school district's units for the 1996-97 school year shall be the sum of the following:
(i) The 1996-97 full-time equivalent enrollment in kindergarten through 6th grade, times the 5-year average 4th grade test result as adjusted pursuant to subsection (2) of this section, times 0.92; and
(ii) The 1996-97 full-time equivalent enrollment in grades 7 through 9, times the 5-year average 8th grade test result as adjusted pursuant to subsection (2) of this section, times 0.92; and
(iii) If the district's percentage of October 1995 headcount enrollment in grades K-12 eligible for free and reduced price lunch exceeds the state average, subtract the state average percentage of students eligible for free and reduced price lunch from the district's percentage and multiply the result by the district's 1996-97 K-12 annual average full-time equivalent enrollment times 22.30 percent.
Sec. 516. 1995 2nd sp.s. c 18 s 520 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--LOCAL ENHANCEMENT FUNDS
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((57,126,000))
56,846,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ ((58,429,000))
58,123,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . $ ((115,555,000))
114,969,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation provides such funds as are necessary for the remaining months of the 1994-95 school year.
(2) School districts receiving moneys pursuant to this section shall expend at least fifty-eight percent of such moneys in school buildings for building based planning, staff development, and other activities to improve student learning, consistent with the student learning goals in RCW 28A.150.210 and RCW 28A.630.885. Districts receiving the moneys shall have a policy regarding the involvement of school staff, parents, and community members in instructional decisions. Each school using the moneys shall, by the end of the 1995-96 school year, develop and keep on file a building plan to attain the student learning goals and essential academic learning requirements and to implement the assessment system as it is developed. The remaining forty-two percent of such moneys may be used to meet other educational needs as identified by the school district. Program enhancements funded pursuant to this section do not fall within the definition of basic education for purposes of Article IX of the state Constitution and the state's funding duty thereunder, nor shall such funding constitute levy reduction funds for purposes of RCW 84.52.0531.
(3) Forty-two percent of the allocations to school districts shall be calculated on the basis of full-time enrollment at an annual rate per student of up to $26.30 for the 1995-96 and 1996-97 school years. For school districts enrolling not more than one hundred average annual full-time equivalent students, and for small school plants within any school district designated as remote and necessary schools, the allocations shall be as follows:
(a) Enrollment of not more than 60 average annual full-time equivalent students in grades kindergarten through six shall generate funding based on sixty full-time equivalent students;
(b) Enrollment of not more than 20 average annual full-time equivalent students in grades seven and eight shall generate funding based on twenty full-time equivalent students; and
(c) Enrollment of not more than 60 average annual full-time equivalent students in grades nine through twelve shall generate funding based on sixty full-time equivalent students.
(4) Fifty-eight percent of the allocations to school districts shall be calculated on the basis of full-time enrollment at an annual rate per student of up to $36.69 for the 1995-96 and 1996-97 fiscal years. The state schools for the deaf and the blind may qualify for allocations of funds under this subsection. For school districts enrolling not more than one hundred average annual full-time equivalent students, and for small school plants within any school district designated as remote and necessary schools, the allocations shall be as follows:
(a) Enrollment of not more than 60 average annual full-time equivalent students in grades kindergarten through six shall generate funding based on sixty full-time equivalent students;
(b) Enrollment of not more than 20 average annual full-time equivalent students in grades seven and eight shall generate funding based on twenty full-time equivalent students; and
(c) Enrollment of not more than 60 average annual full-time equivalent students in grades nine through twelve shall generate funding based on sixty full-time equivalent students.
(5) Beginning with the 1995-96 school year, to provide parents, the local community, and the legislature with information on the student learning improvement block grants, schools receiving funds for such purpose shall include, in the annual performance report required in RCW 28A.320.205, information on how the student learning improvement block grant moneys were spent and what results were achieved. Each school district shall submit the reports to the superintendent of public instruction and the superintendent shall provide the legislature with an annual report.
(6) Receipt by a school district of one-fourth of the district's allocation of funds under this section, shall be conditioned on a finding by the superintendent that the district is enrolled as a medicaid service provider and is actively pursuing federal matching funds for medical services provided through special education programs, pursuant to RCW 74.09.5241 through 74.09.5256 (Title XIX funding).
PART VI
HIGHER EDUCATION
Sec. 601. 1995 2nd sp.s. c 18 s 601 (uncodified) is amended to read as follows:
The appropriations in sections 603 through 609 of this act are subject to the following conditions and limitations:
(1) "Institutions" means the institutions of higher education receiving appropriations under sections 603 through 609 of this act.
(2) Operating resources that are not used to meet authorized salary increases and other mandated expenses shall be invested in measures that (a) reduce the time-to-degree, (b) provide additional access to postsecondary education, (c) improve the quality of undergraduate education, (d) provide improved access to courses and programs that meet core program requirements and are consistent with needs of the state labor market, (e) provide up-to-date equipment and facilities for training in current technologies, (f) expand the integration between the K-12 and postsecondary systems and among the higher education institutions, (g) provide additional access to postsecondary education for place-bound and remote students, and (h) improve teaching and research capability through the funding of distinguished professors. ((The institutions shall establish, in consultation with the board, measurable goals for increasing the average scheduled course contact hours by type of faculty, and shall report to the appropriate policy and fiscal committees of the legislature each December 1st as to performance on such goals.)) The public baccalaureate institutions shall report each academic year to the higher education coordinating board, in a format agreed to by the board, average scheduled course contact hours by type of faculty. The faculties and administrations at the public higher education institutions of the state must take action and share with the legislature the responsibility in meeting the increased demands on higher education. The legislature finds that a focus on educational outcomes provides the most effective means of addressing those demands. Therefore, the institutions shall use a portion of the funds provided in sections 603 through 609 of this act for learning productivity improvements to implement the institutional recommendations to shorten the time-to-degree and improve graduation rates as submitted to the higher education coordinating board in accordance with RCW 28B.10.692. By February 28, 1997, the institutions shall provide the legislature with two-year goals for improvements in graduation rates and the time-to-degree or time-to-certification.
To reduce the time it takes students to graduate, the institutions shall establish policies and reallocate resources as necessary to increase the number of undergraduate degrees granted per full-time equivalent instructional faculty.
(3) The salary increases provided or referenced in this subsection shall be the maximum allowable salary increases provided at institutions of higher education, excluding increases associated with normally occurring promotions and increases related to faculty and professional staff retention, and excluding increases associated with employees under the jurisdiction of chapter 41.56 RCW pursuant to the provisions of RCW 28B.16.015.
(a) No more than $300,000 of the appropriations provided in sections 602 through 608 of this act may be expended for purposes designated in section 911 of this act.
(b) Each institution of higher education shall provide to each classified staff employee as defined by the office of financial management a salary increase of 4.0 percent on July 1, 1995. Each institution of higher education shall provide to instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants as classified by the office of financial management and all other nonclassified staff, including those employees under RCW 28B.16.015, an average salary increase of 4.0 percent on July 1, 1995. For employees under the jurisdiction of chapter 41.56 RCW pursuant to the provisions of RCW 28B.16.015, distribution of the 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) Funds under section 717 of this act are in addition to any increases provided in (a) and (b) of this subsection. Specific salary increases authorized in sections 603 and 604 of this act are in addition to any salary increase provided in this subsection.
(4) The additional amounts for enrollment increases for the baccalaureate institutions in fiscal year 1997 are intended to fund students in addition to those already actually enrolled or planned for enrollment in that year, and the amounts are not intended to fund students otherwise actually enrolled over the budgeted levels as displayed in chapter 18, Laws of 1995 2nd sp. sess.
(5) The public institutions of higher education shall provide, in a format approved by the higher education coordinating board, data necessary to satisfy the information required by Senate Concurrent Resolution No. 8428 and any other data requirements outlined in this amended act.
Sec. 602. 1995 2nd sp.s. c 18 s 602 (uncodified) is amended to read as follows:
The appropriations in sections 603 through 609 of this act provide state general fund support or employment and training trust account support for student full-time equivalent enrollments at each institution of higher education. Listed below are the annual full-time equivalent student enrollments by institution assumed in this act.
1995-96 1996-97
Annual Annual
Average Average
FTE FTE
University of Washington
Main campus. . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. 29,857 ((29,888))
30,455
Evening Degree Program. . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . .571 617
Tacoma branch.. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . .588 ((687))
747
Bothell branch. . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . .533 ((617))
685
Washington State University
Main campus. . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. 16,205 ((16,419))
17,403
Spokane branch. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . .283 ((308))
352
Tri-Cities branch. . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . .624 ((707))
724
Vancouver branch. . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . .723 851
Central Washington University. . . . . . . .. . . . . . .. . . . . . .. . 6,903 ((6,997))
7,256
Eastern Washington University.. . . . . . .. . . . . . .. . . . . . .. . 7,656 ((7,739))
7,825
The Evergreen State College. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . 3,278 ((3,298))
3,406
Western Washington University. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . 9,483 ((9,606))
10,038
State Board for Community and
Technical Colleges. . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .111,986 ((113,586))
114,326
Higher Education Coordinating
Board. .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . .50 50
Sec. 603. 1995 2nd sp.s. c 18 s 603 (uncodified) is amended to read as follows:
FOR THE STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 345,763,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((348,728,000))
358,240,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 11,404,000
Employment and Training Trust Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 58,575,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((764,470,000))
773,982,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,883,000 of the general fund appropriation is provided solely for 500 supplemental FTE enrollment slots to implement RCW 28B.50.259 (timber-dependent communities).
(2) $58,575,000 of the employment and training trust account appropriation is provided solely for training and related support services specified in chapter 226, Laws of 1993 (employment and training for unemployed workers). Of this amount:
(a) $41,090,000 is to provide enrollment opportunity for 6,100 full-time equivalent students in fiscal year 1996 and 7,200 full-time equivalent students in fiscal year 1997. The state board for community and technical colleges shall submit to the workforce training and education coordinating board for review and approval a plan for the allocation of the full-time equivalents provided in this subsection.
(b) $8,403,000 is to provide child care assistance, transportation, and financial aid for the student enrollments funded in (a) of this subsection.
(c) $7,632,000 is to provide financial assistance for student enrollments funded in (a) of this subsection in order to enhance program completion for those enrolled students whose unemployment benefit eligibility will be exhausted or reduced before their training program is completed. The state board for community and technical colleges shall submit to the workforce training and education coordinating board for review and approval a plan for eligibility and disbursement criteria to be used in determining the award of moneys provided in this subsection.
(d) $750,000 is provided solely for an interagency agreement with the workforce training and education coordinating board for an independently contracted net-impact study to determine the overall effectiveness and outcomes of retraining and other services provided under chapter 226, Laws of 1993, (employment and training for unemployed workers). The net-impact study shall be completed and delivered to the legislature no later than December 31, 1996.
(e) $700,000 is to provide the operating resources for seven employment security department job service centers located on community and technical college campuses.
(3) $3,725,000 of the general fund appropriation is provided solely for assessment of student outcomes at community and technical colleges.
(4) $1,412,000 of the general fund appropriation is provided solely to recruit and retain minority students and faculty.
(5) $3,296,720 of the general fund appropriation is provided solely for instructional equipment.
(6) $688,000 of the general fund appropriation is provided for new building operations and maintenance and shall be placed in reserve and expended only pursuant to allotment authority provided by the office of financial management.
(7) Up to $4,200,000 of the appropriations in this section may be used in combination with salary and benefit savings from faculty turnover to provide faculty salary increments.
(8) The technical colleges may increase tuition and fees to conform with the percentage increase in community college operating fees authorized in Substitute Senate Bill No. 5325.
(9) ((Up to $6,000,000 of general operating funds may be used to address accreditation issues at the technical colleges)) $4,200,000 of the general fund--state appropriation is provided solely for transitional costs and accreditation requirements associated with the transfer of the technical colleges to the community college system. Colleges shall apply funding for distance learning and technology resources to address accreditation requirements in a cost-effective manner. Colleges are encouraged to negotiate with accreditation agencies for the acceptance of new educational technologies to meet accreditation standards.
(10) Up to $50,000, if matched by an equal amount from private sources, may be used to initiate an international trade education consortium, composed of selected community colleges, to fund and promote international trade education and training services in a variety of locations throughout the state, which services shall include specific business skills needed to develop and sustain international business opportunities that are oriented toward vocational, applied skills. The board shall report to appropriate legislative committees on these efforts at each regular session of the legislature.
(11) $2,000,000 of the general fund--state appropriation is provided solely for productivity enhancements in student services and instruction that facilitate student progress, and innovation proposals that provide greater student access and learning opportunities. The state board for community and technical colleges shall report to the governor and legislature by October 1, 1997, on implementation of productivity and innovation programs supported by these funds.
(12) $1,500,000 of the general fund--state appropriation is provided solely for competitive grants to community and technical colleges to assist the colleges in serving disabled students. The state board for community and technical colleges shall award grants to colleges based on severity of need.
(13) $2,700,000 of the general fund--state appropriation is provided solely for the costs associated with standardizing part-time health benefits per Substitute Senate Bill No. 6583.
(14) By November 15, 1996, the board, in consultation with full- and part-time faculty groups, shall develop a plan and submit recommendations to the legislature to address compensation and staffing issues concerning inter- and intra-institutional salary disparities for full and part-time faculty. The board shall develop and submit to the governor and the legislature a ten-year implementation plan that: (a) Reflects the shared responsibility of the institutions and the legislature to address these issues; (b) reviews recent trends in the use of part-time faculty and makes recommendations to the legislature for appropriate ratios of part-time to full-time faculty staff; and (c) considers educational quality, long-range cost considerations, flexibility in program delivery, employee working conditions, and differing circumstances pertaining to local situations.
Sec. 604. 1995 2nd sp.s. c 18 s 604 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((263,981,000))
259,062,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((258,321,000))
267,933,000
Death Investigations Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,685,000
Accident Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((4,335,000))
4,348,000
Medical Aid Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((4,330,000))
4,343,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((6,244,000))
6,247,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((538,896,000))
543,678,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $((9,516,000)) 10,501,000 of the general fund--state appropriation is provided solely to operate upper-division and graduate level courses offered at the Tacoma branch campus. Of this amount((,)): (a) $237,000 is provided solely for continuation of the two-plus-two program operated jointly with the Olympic Community College; and (b) $700,000 is provided solely for building maintenance, equipment purchase, and moving costs and shall be placed in reserve and expended only pursuant to allotment authority provided by the office of financial management.
(2) $((9,438,000)) 9,665,000 of the general fund appropriation is provided solely to operate upper-division and graduate level courses offered at the Bothell branch campus.
(3) $2,300,000 of the health services account appropriation is provided solely for the implementation of chapter 492, Laws of 1993 (health care reform) to increase the supply of primary health care providers.
(4) $300,000 of the health services account appropriation is provided solely to expand community-based training for physician assistants.
(5) $300,000 of the health services account appropriation is provided solely for the advanced registered nurse program.
(6) $2,909,000 of the health services account appropriation is provided solely for health benefits for teaching and research assistants pursuant to RCW 28B.10.660 (graduate service appointment health insurance).
(7) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.
(8) $648,000 of the general fund appropriation is provided solely to recruit and retain minority students and faculty.
(9) $1,471,000 of the general fund appropriation is provided for new building operations and maintenance and shall be placed in reserve and expended only pursuant to allotment authority provided by the office of financial management.
(10) $500,000 of the general fund appropriation is provided solely for enhancements to the mathematics, engineering and science achievement (MESA) program.
(11) $227,000 of the general fund appropriation is provided solely for implementation of the Puget Sound water quality management plan.
(12) The university shall begin implementation of the professional staff and librarian market gap remedy plan II, which was submitted to the legislature in response to section 603(3), chapter 24, Laws of 1993 sp. sess. and section 603(3), chapter 6, Laws of 1994 sp. sess. As part of the implementation of the plan, an average salary increase of 5.0 percent may be provided to librarians and professional staff on July 1, 1995, to meet salary gaps as described in the plan.
(13) $184,000 of the health services account appropriation is provided solely for participation of the University of Washington dental school in migrant/community health centers in the Yakima valley.
(14) At least $50,000 of the general fund appropriation shall be used for research at the Olympic natural resources center.
(15) $1,718,000 of the general fund appropriation is provided solely for technological improvements to develop an integrated state-wide library system, of which $409,000 is for system-wide network costs.
Sec. 605. 1995 2nd sp.s. c 18 s 605 (uncodified) is amended to read as follows:
FOR WASHINGTON STATE UNIVERSITY
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((150,520,000))
150,272,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((153,906,000))
159,410,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 33,000
Air Pollution Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 105,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 1,400,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((305,859,000))
311,220,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $12,008,000 of the general fund appropriation is provided solely to operate upper-division and graduate level courses and other educational services offered at the Vancouver branch campus. $1,198,000 of this amount is provided for new building operations and maintenance and shall be placed in reserve and expended only pursuant to allotment authority provided by the office of financial management.
(2) $((7,534,000)) 7,646,000 of the general fund appropriation is provided solely to operate upper-division and graduate level courses and other educational services offered at the Tri-Cities branch campus. $53,000 of this amount is provided for new building operations and maintenance and shall be placed in reserve and expended only pursuant to allotment authority provided by the office of financial management.
(3) $((7,691,000)) 8,042,000 of the general fund appropriation is provided solely to operate graduate and professional level courses and other educational services offered at the Spokane branch campus.
(4) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.
(5) $280,000 of the general fund appropriation is provided solely to recruit and retain minority students and faculty.
(6) $1,400,000 of the health services account appropriation is provided solely for health benefits for teaching and research assistants pursuant to RCW 28B.10.660 (graduate service appointment health insurance).
(7) $2,167,000 of the general fund appropriation is provided for new building operations and maintenance on the main campus and shall be placed in reserve and expended only pursuant to allotment authority provided by the office of financial management.
(8) $525,000 of the general fund appropriation is provided solely to implement House Bill No. 1741 (wine and wine grape research). If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.
(9) $1,000,000 of the general fund appropriation is provided solely to implement Engrossed Second Substitute House Bill No. 1009 (pesticide research). If the bill is not enacted by June 30, 1995, the amount provided in this subsection shall lapse.
(10) $314,000 of the general fund appropriation is provided solely for implementation of the Puget Sound water quality management plan.
(11) $25,000 of the general fund--state appropriation is provided solely for operation of the energy efficiency programs transferred to Washington State University by House Bill No. 2009. If House Bill No. 2009 is not enacted by June 30, 1996, the amount provided in this subsection shall lapse.
(12) $450,000 of the general fund--state appropriation is provided solely for equipment, software, and related expenditures to support a state-wide library network.
Sec. 606. 1995 2nd sp.s. c 18 s 606 (uncodified) is amended to read as follows:
FOR EASTERN WASHINGTON UNIVERSITY
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((36,741,000))
37,350,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((37,084,000))
38,394,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 200,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((74,025,000))
75,944,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.
(2) $186,000 of the general fund appropriation is provided solely to recruit and retain minority students and faculty.
(3) $200,000 of the health services account appropriation is provided solely for health benefits for teaching and research assistants pursuant to RCW 28B.10.660 (graduate service appointment health insurance).
(4) $166,000 of the general fund--state appropriation is provided solely for new building operations and maintenance and shall be placed in reserve and expended only pursuant to allotment authority provided by the office of financial management.
(5) $454,000 of the general fund--state appropriation is provided solely for equipment, software, and related expenditures to support a state-wide library network.
Sec. 607. 1995 2nd sp.s. c 18 s 607 (uncodified) is amended to read as follows:
FOR CENTRAL WASHINGTON UNIVERSITY
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((33,683,000))
33,636,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((34,055,000))
36,250,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 10,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 140,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((67,888,000))
70,036,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.
(2) $140,000 of the general fund appropriation is provided solely to recruit and retain minority students and faculty.
(3) $140,000 of the health services account appropriation is provided solely for health benefits for teaching and research assistants pursuant to RCW 28B.10.660 (graduate service appointment health insurance).
(4) $1,293,000 of the general fund appropriation is provided solely for equipment, software, and related expenditures to support a state-wide library network.
Sec. 608. 1995 2nd sp.s. c 18 s 608 (uncodified) is amended to read as follows:
FOR THE EVERGREEN STATE COLLEGE
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 18,436,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((18,504,000))
19,325,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((36,940,000))
37,761,000
The appropriations in this section ((is)) are subject to the following conditions and limitations:
(1) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.
(2) $94,000 of the general fund appropriation is provided solely to recruit and retain minority students and faculty.
(3) $58,000 of the general fund appropriation is provided for new building operations and maintenance and shall be placed in reserve and expended only pursuant to allotment authority provided by the office of financial management.
(4) $417,000 of the general fund appropriation is provided solely for equipment, software, and related expenditures to support a state-wide library network.
Sec. 609. 1995 2nd sp.s. c 18 s 609 (uncodified) is amended to read as follows:
FOR WESTERN WASHINGTON UNIVERSITY
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 42,533,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((43,173,000))
45,709,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 200,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((85,906,000))
88,442,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $372,000 of the general fund appropriation is provided solely for assessment of student outcomes.
(2) $186,000 of the general fund appropriation is provided solely to recruit and retain minority students and faculty.
(3) $200,000 of the health services account appropriation is provided solely for health benefits for teaching and research assistants pursuant to RCW 28B.10.660 (graduate service appointment health insurance).
(4) $275,000 of the general fund appropriation is provided for new building operations and maintenance and shall be placed in reserve and expended only pursuant to allotment authority provided by the office of financial management.
(5) $873,000 of the general fund appropriation is provided solely for equipment, software, and related expenditures to support a state-wide library network.
Sec. 610. 1995 2nd sp.s. c 18 s 610 (uncodified) is amended to read as follows:
FOR THE HIGHER EDUCATION COORDINATING BOARD--POLICY COORDINATION AND ADMINISTRATION
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,933,000))
1,984,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,811,000))
2,365,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 1,073,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((4,817,000))
5,422,000
(1) The appropriations in this section are provided to carry out the policy coordination, planning, studies, and administrative functions of the board and are subject to the following conditions and limitations: $560,000 of the general fund--state appropriation is provided solely for enrollment to implement RCW 28B.80.570 through 28B.80.580 (timber dependent communities). The number of students served shall be 50 full-time equivalent students per fiscal year. The higher education coordinating board (HECB) in cooperation with the state board for community and technical college education (SBCTC) shall review the outcomes of the timber program and report to the governor and legislature by November 1, 1995. The review should include programs administered by the HECB and SBCTC. The review should address student satisfaction, academic success, and employment success resulting from expenditure of these funds. The boards should consider a broad range of recommendations, from strengthening the program with existing resources to terminating the program.
(2) $150,000 of the general fund--state appropriation is provided solely for a study of higher education needs in North Snohomish/Island/Skagit counties. The board is directed to explore and recommend innovative approaches to providing educational programs. The board shall consider the use of technology and distance education as a means of meeting the higher education needs of the area. The study shall be completed and provided to the appropriate committees of the legislature by November 30, 1996.
(3) The higher education coordinating board, in conjunction with the office of financial management and public institutions of higher education, shall study institutional student enrollment capacity at each four-year university or college. The higher education coordinating board shall report to the governor and the appropriate committees of the legislature the maximum student enrollment that could be accommodated with existing facilities and those under design or construction as of the 1995-97 biennium. The report shall use national standards as a basis for making comparisons, and the report shall include recommendations for increasing student access by maximizing the efficient use of facilities. The report shall also consider ways the state can encourage potential four-year college students to enroll in schools having excess capacity.
(4) $70,000 of the general fund--state appropriation is provided solely to develop a competency-based admissions system for higher education institutions.
(5) $50,000 of the general fund--state appropriation is provided solely for attorneys' fees and related expenses needed to defend the equal opportunity grant program.
(6) $140,000 of the general fund--state appropriation is provided solely for the design and development of recommendations for the creation of a college tuition prepayment program. A recommended program design and draft legislation shall be submitted to the office of financial management by September 30, 1996, for consideration in the 1997 legislative session. The development of the program shall be conducted in consultation with the state investment board, the state treasurer, the state actuary, the office of financial management, private financial institutions, and other qualified parties with experience in the areas of accounting, actuary, risk management, or investment management.
(7) $100,000 of the general fund--state appropriation is provided solely for the implementation of the assessment of prior learning experience program.
Sec. 611. 1995 2nd sp.s. c 18 s 611 (uncodified) is amended to read as follows:
FOR THE HIGHER EDUCATION COORDINATING BOARD--FINANCIAL AID AND GRANT PROGRAMS
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((71,412,000))
71,272,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((71,613,000))
76,286,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 3,579,000
State Educational Grant Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,000
Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 2,230,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((148,874,000))
153,407,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,044,000 of the general fund--state appropriation is provided solely for the displaced homemakers program.
(2) $431,000 of the general fund--state appropriation is provided solely for the western interstate commission for higher education.
(3) $230,000 of the health services account appropriation is provided solely for the health personnel resources plan.
(4) $2,000,000 of the health services account appropriation is provided solely for scholarships and loans under chapter 28B.115 RCW, the health professional conditional scholarship program. This amount shall be deposited to the health professional loan repayment and scholarship trust fund to carry out the purposes of the program.
(5) $((140,543,000)) 145,076,000 of the general fund--state appropriation is provided solely for student financial aid, including all administrative costs. Of this amount:
(a) $((110,504,000)) 112,487,000 is provided solely for the state need grant program. The board shall, to the best of its ability, rank and serve students eligible for the state need grant in order from the lowest family income to the highest family income;
(b) $((24,200,000)) 26,200,000 is provided solely for the state work study program;
(c) $((1,000,000)) 1,500,000 is provided solely for educational opportunity grants;
(d) A maximum of $2,650,000 may be expended for financial aid administration, excluding the four percent state work study program administrative allowance provision;
(e) $633,000 is provided solely for the educator's excellence awards. Any educator's excellence moneys not awarded by April 1st of each year may be transferred by the board to either the Washington scholars program or, in consultation with the workforce training an education coordinating board, to the Washington award for vocational excellence;
(f) $876,000 is provided solely to implement the Washington scholars program pursuant to Second Substitute House Bill No. 1318 or substantially similar legislation (Washington scholars program). Any Washington scholars program moneys not awarded by April 1st of each year may be transferred by the board to either the educator's excellence awards or, in consultation with the workforce training and education coordinating board, to the Washington award for vocational excellence; ((and))
(g) $680,000 is provided solely to implement Substitute House Bill No. 1814 (Washington award for vocational excellence). If the bill is not enacted by June 30, 1995, the amount provided in this subsection (g) shall lapse. Any Washington award for vocational excellence moneys not awarded by April 1st of each year may be transferred by the board, with the consent of the workforce training and education coordinating board, to either the educator's excellence awards or the Washington scholars program; and
(h) $50,000 is provided solely for community scholarship matching grants of $2,000 each. To be eligible for the matching grant, a nonprofit community organization, organized under section 501(c)(3) of the internal revenue code, must demonstrate that it has raised $2,000 in new moneys for college scholarships after the effective date of this act. No organization may receive more than one $2,000 matching grant.
(6) For the purposes of establishing eligibility for the equal opportunity grant program for placebound students under RCW 28B.101.020, Thurston county lies within the branch campus service area of the Tacoma branch campus of the University of Washington.
Sec. 612. 1995 2nd sp.s. c 18 s 614 (uncodified) is amended to read as follows:
FOR WASHINGTON STATE LIBRARY
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 7,069,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((7,071,000))
7,282,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 4,799,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 46,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 7,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((18,992,000))
19,203,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,439,516 of the general fund--state appropriation and federal funds are provided for a contract with the Seattle public library for library services for the Washington book and braille library.
(2) $211,000 of the general fund--state appropriation is provided solely for the state library, with the assistance of the department of information services and the state archives, to establish a pilot government information locator service in accordance with Substitute Senate Bill No. 6556. If the bill is not enacted by June 30, 1996, the amount provided in this subsection shall lapse.
Sec. 613. 1995 2nd sp.s. c 18 s 615 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE ARTS COMMISSION
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,236,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((1,929,000))
1,997,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 934,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((5,100,000))
5,168,000
Sec. 614. 1995 2nd sp.s. c 18 s 616 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE HISTORICAL SOCIETY
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 1,965,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((2,186,000))
2,222,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((4,151,000))
4,187,000
The appropriation in this section is subject to the following conditions and limitations: $1,731,000 is provided solely for the new Washington state historical society operations and maintenance located in Tacoma.
Sec. 615. 1995 2nd sp.s. c 18 s 617 (uncodified) is amended to read as follows:
FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY
General Fund Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 473,000
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((473,000))
718,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((946,000))
1,191,000
Sec. 616. 1995 2nd sp.s. c 18 s 618 (uncodified) is amended to read as follows:
FOR THE STATE SCHOOL FOR THE BLIND
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((3,421,000))
3,451,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((3,440,000))
3,559,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 7,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((6,868,000))
7,017,000
Sec. 617. 1995 2nd sp.s. c 18 s 619 (uncodified) is amended to read as follows:
FOR THE STATE SCHOOL FOR THE DEAF
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 6,182,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((6,215,000))
6,365,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 15,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((12,412,000))
12,562,000
PART VII
SPECIAL APPROPRIATIONS
Sec. 701. 1995 2nd sp.s. c 18 s 701 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL FUND BOND DEBT
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((852,281,000))
823,106,003
State Building and Construction Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 21,500,000
Fisheries Bond Retirement Account 1977
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 291,215
Community College Capital Improvement Bond Redemption Fund
1972 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 851,225
Waste Disposal Facility Bond Redemption Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 19,592,375
Water Supply Facility Bond Redemption Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,413,613
Indian Cultural Center Bond Redemption Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 126,682
Social and Health Service Bond Redemption Fund
1976 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,019,427
Higher Education Bond Retirement Fund 1977
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 8,272,858
Salmon Enhancement Construction Bond Retirement
Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,071,805
Fire Service Training Center Bond Retirement Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 754,844
Higher Education Bond Retirement Account 1988
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,000,000
State General Obligation Bond Retirement Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 788,886,959
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((873,781,000))
1,671,887,006
The general fund appropriation is for deposit into the account listed in section 801 of this act.
Sec. 702. 1995 2nd sp.s. c 18 s 702 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED BY ENTERPRISE ACTIVITIES
State Convention and Trade Center Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((24,179,000))
24,179,295
Higher Education Reimbursement Enterprise Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 633,913
Accident Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 5,548,000
Medical Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 5,548,000
State General Obligation Bond Retirement Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 43,940,553
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((35,275,000))
79,849,761
Sec. 703. 1995 2nd sp.s. c 18 s 703 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED AS PRESCRIBED BY STATUTE
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((37,031,000))
$ 37,031,429
Higher Education Reimbursable Construction Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 197,000
Community College Capital Construction Bond
Retirement Fund 1975 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 450,000
Higher Education Bond Retirement Fund 1979
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,887,000
State General Obligation Retirement Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 97,323,580
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((40,565,000))
$ 137,889,007
Sec. 704. 1995 2nd sp.s. c 18 s 704 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR DEBT TO BE PAID BY STATUTORILY PRESCRIBED REVENUE
Common School Building Bond Redemption Fund 1967
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 6,923,000
State Building and Parking Bond Redemption
Fund 1969 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((2,453,000))
2,453,400
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((9,376,000))
9,376,400
Sec. 705. 1995 2nd sp.s. c 18 s 705 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES
General Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 1,535,000
State Convention and Trade Center Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 15,000
State Building Construction Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((364,000))
1,050,000
Higher Education Reimbursable Construction
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((1,917,000))
2,603,000
Total Bond Retirement and Interest Appropriations
contained in sections 701 through 705 of this
act.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((960,914,000))
1,901,605,174
Sec. 706. 1995 2nd sp.s. c 18 s 711 (uncodified) is amended to read as follows:
FOR THE GOVERNOR--COMPENSATION--INSURANCE BENEFITS
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((2,390,000))
2,305,000
((General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,561,000))
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((1,835,000))
737,000
General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((136,000))
108,000
Salary and Insurance Increase Revolving Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((4,105,000))
1,559,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((11,027,000))
4,709,000
The appropriations in this section are subject to the following conditions and limitations, and unless otherwise specified, apply to both state agencies and institutions of higher education:
(1) The office of financial management shall reduce the allotments of appropriations to state agencies in this act, excluding institutions of higher education, to reflect costs of health care benefits, administration, and margin in the self-insured medical and dental plans. In making these allotment revisions, the office of financial management shall reduce fiscal year 1997 general fund--state expenditures by $363,000.
(((1))) (2)(a) The monthly contribution for insurance benefit premiums shall not exceed $308.14 per eligible employee for fiscal year 1996, and $((308.96)) 301.95 for fiscal year 1997.
(b) The monthly contributions for the margin in the self-insured medical and dental plans and for the operating costs of the health care authority shall not exceed $5.81 per eligible employee for fiscal year 1996((, and $5.55 for fiscal year 1997)). In fiscal year 1997, the monthly contribution for the operating costs of the health care authority shall not exceed $5.05 per eligible employee; the monthly contribution for the margin in the self-insured medical and dental plans shall be reduced by $2.69 per eligible employee.
(c) Surplus moneys accruing to the public employees' and retirees' insurance account due to lower-than-projected insurance costs or due to employee waivers of coverage may not be reallocated by the health care authority to increase the actuarial value of public employee insurance plans. Such funds shall be held in reserve in the public employees' and retirees' insurance account and may not be expended without subsequent legislative authorization.
(d) In order to achieve the level of funding provided for health benefits, the public employees' benefits board may require employee premium co-payments, increase point-of-service cost sharing, and/or implement managed competition.
(((2))) (3) To facilitate the transfer of moneys from dedicated funds and accounts, the state treasurer is directed to transfer sufficient moneys from each dedicated fund or account to the special fund salary and insurance contribution increase revolving fund in accordance with schedules provided by the office of financial management.
(((3))) (4) 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 parts A and B of medicare, pursuant to RCW 41.05.085. From July 1, 1995, through December 31, 1995, the subsidy shall be $34.20 per month. From January 1, 1996, through December 31, 1996, the subsidy shall be $36.77 per month. Starting January 1, 1997, the subsidy shall be $39.52 per month.
(((4))) (5) Technical colleges, school districts, and educational service districts shall remit to the health care authority for deposit in the public employees' and retirees' insurance account established in RCW 41.05.120:
(a) For each full-time employee, $14.79 per month beginning October 1, 1995, and $14.80 per month beginning September 1, 1996;
(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, $14.79 each month beginning October 1, 1995, and $14.80 each month beginning September 1, 1996, 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.
(((5))) (6) The salary and insurance increase revolving account appropriation includes funds sufficient to fund health benefits for ferry workers at the premium levels specified in subsection (((1))) (2) of this section, consistent with the 1995-97 transportation appropriations act.
(((6))) (7) Rates charged to school districts voluntarily purchasing employee benefits through the health care authority shall be equivalent to the actual insurance costs of benefits and administration costs for state and higher education employees except:
(a) The health care authority is authorized to reduce rates charged to school districts for up to 10,000 new subscribers by applying surplus funds accumulated in the public employees' and retirees' insurance account. Rates may be reduced up to a maximum of $10.93 per subscriber per month in fiscal year 1996 and a maximum of $7.36 per subscriber per month in fiscal year 1997; and
(b) For employees who first begin receiving benefits through the health care authority after September 1, 1995, districts shall remit the additional costs of health care authority administration resulting from their enrollment. The additional health care authority administration costs shall not exceed $.30 per month per subscriber.
Sec. 707. 1995 2nd sp.s. c 18 s 713 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--CONTRIBUTIONS TO RETIREMENT SYSTEMS
FY 1996 FY 1997
General Fund--State
Appropriation. .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ ((1,007,000)) ((1,224,000))
942,000 1,150,000
General Fund--Federal
Appropriation. .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ ((367,000)) ((447,000))
365,000 437,000
Special Account Retirement Contribution
Increase Revolving Account
Appropriation. .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ ((904,000)) ((1,089,000))
830,000 993,000
TOTAL APPROPRIATION. . . . . . . . . .$ ((5,038,000))
4,717,000
The appropriations in this section are subject to the following conditions and limitations: The appropriations in this section are provided solely to pay the increased retirement contributions resulting from enactment of Substitute Senate Bill No. 5119 (uniform COLA). If the bill is not enacted by June 30, 1995, the amounts provided in this section shall lapse.
Sec. 708. 1995 2nd sp.s. c 18 s 714 (uncodified) is amended to read as follows:
SALARY COST OF LIVING ADJUSTMENT
General Fund--State Appropriation (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((36,020,000))
34,386,000
General Fund--State Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((36,590,000))
35,100,000
General Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((29,603,000))
25,402,000
Salary and Insurance Increase Revolving Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 60,213,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((162,426,000))
155,101,000
The appropriations in this section shall be expended solely for the purposes designated in this section and are subject to the conditions and limitations in this section.
(1) In addition to the purposes set forth in subsections (2), (3), and (4) of this section, appropriations in this section are provided solely for a 4.0 percent salary increase effective July 1, 1995, for all classified employees (including those employees in the Washington management service) and exempt employees under the jurisdiction of the personnel resources board.
(2) The appropriations in this section are sufficient to fund a 4.0 percent salary increase for general government, legislative, and judicial employees exempt from merit system rules whose salaries are not set by the commission on salaries for elected officials.
(3) The salary and insurance increase revolving account appropriation in this section includes funds sufficient to fund a 4.0 percent cost-of-living adjustment, effective July 1, 1995, for ferry workers consistent with the 1995-97 transportation appropriations act.
(4) The appropriations in this section include funds sufficient to fund the salary increases approved by the commission on salaries for elected officials for legislators and judges.
(5) No salary increase may be paid under this section to any person whose salary has been Y-rated pursuant to rules adopted by the personnel resources board.
NEW SECTION. Sec. 709. A new section is added to 1995 2nd sp.s. c 18 (uncodified) to read as follows:
FOR SUNDRY CLAIMS. The following sums, or so much thereof as may be necessary, are appropriated from the general fund, unless otherwise indicated, for relief of various individuals, firms, and corporations for sundry claims. These appropriations are to be disbursed on vouchers approved by the director of general administration, except as otherwise provided, as follows:
(1) Reimbursement of criminal defendants acquitted on the basis of self-defense, pursuant to RCW 9A.16.110:
(a) Walter Watson, claim number SCJ-92-11. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 6,003.00
(b) Carl L. Decker, claim number SCJ-95-02. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 24,948.48
(c) Bill R. Hood, claim number SCJ-95-08. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 71,698.72
(d) Rick Sevela, claim number SCJ-95-09. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 6,937.22
(e) William V. Pearson, claim number SCJ-95-12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,929.99
(f) Craig T. Thiessen, claim number SCJ-95-13. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,540.24
(g) Douglas Bauer, claim number SCJ-95-15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 40,015.86
(h) Walter A. Whyte, claim number SCJ-96-02. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,989.30
(2) Payment from the state wildlife account for damage to crops by wildlife, pursuant to RCW 77.12.280:
(a) Wilson Banner Ranch, claim number SCG-95-01. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 2,800.00
(b) James Koempel, claim number SCG-95-04. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 5,291.08
(c) Mark Kayser, claim number SCG-95-06. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 4,000.00
(d) Peola Farms, Inc., claim number SCG-95-07. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,046.50
(e) Bailey's Nursery, claim number SCG-96-01. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125.00
(f) Paul Gibbons, claim number SCG-96-02. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 2,635.73
Sec. 710. 1995 2nd sp.s. c 18 s 718 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--COMPENSATION ACTIONS OF PERSONNEL RESOURCES BOARD
General Fund Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((5,000,000))
9,475,000
Salary and Insurance Increase Revolving
Account Appropriation (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 5,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((10,000,000))
14,475,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations in this section shall be expended solely for the purposes designated in section 911 of this act.
(2) In addition to the moneys appropriated in this section, state agencies may expend up to an additional $2,500,000 from other general fund--state appropriations in this act and $2,500,000 from appropriations from other funds and accounts for the purposes and under the procedures designated in section 911 of this act.
PART VIII
OTHER TRANSFERS AND APPROPRIATIONS
Sec. 801. 1995 2nd sp.s. c 18 s 801 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT SUBJECT TO THE STATUTORY DEBT LIMIT
State General Obligation Bond Retirement Fund 1979
Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((852,281,000))
784,711,959
Fisheries Bond Retirement Account 1977
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 291,215
Community College Capital Improvement Bond
Redemption Fund 1972 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 851,225
Waste Disposal Facility Bond Redemption Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 19,592,375
Water Supply Facility Bond Redemption Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,413,613
Indian Cultural Center Bond Redemption Fund
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 126,682
Social and Health Service Bond Redemption Fund
1976 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2.019,427
Higher Education Bond Retirement Fund 1977
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 8,272,858
Salmon Enhancement Construction Bond Retirement
Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,071,805
Fire Service Training Center Bond Retirement
Fund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 754,844
Higher Education Bond Retirement Account 1988
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 4,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 823,106,003
The total expenditures from the state treasury under the appropriation in this section and the general fund appropriation in section 701 of this act shall not exceed the total appropriation in this section.
Sec. 802. 1995 2nd sp.s. c 18 s 802 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED BY AS PRESCRIBED BY STATUTE
Community College Capital Construction Bond
Retirement Account 1975 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 450,000
Higher Education Bond Retirement Account 1979
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 2,887,000
State General Obligation Bond Retirement Fund 1979
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((37,031,000))
134,355,007
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ 137,692,007
The total expenditures from the state treasury under the appropriation in this section and the general fund appropriation in section 703 of this act shall not exceed the total appropriation in this section.
Sec. 803. 1995 2nd sp.s. c 18 s 803 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION
General Fund Appropriation for fire insurance
premiums distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((6,025,000))
5,641,000
General Fund Appropriation for public utility
district excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ ((29,885,000))
31,242,000
General Fund Appropriation for prosecuting
attorneys̓ salaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,800,000
General Fund Appropriation for motor vehicle
excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . $ ((72,684,000))
87,474,000
General Fund Appropriation for local mass
transit assistance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((335,869,000))
339,007,000
General Fund Appropriation for camper and
travel trailer excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((3,554,000))
3,198,000
General Fund Appropriation for boating
safety/education and law enforcement
distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ ((3,224,000))
3,365,000
((General Fund Appropriation for public health
distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 36,465,000))
Aquatic Lands Enhancement Account Appropriation
for harbor improvement revenue
distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 130,000
Liquor Excise Tax Account Appropriation for
liquor excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((22,185,000))
21,500,000
Liquor Revolving Fund Appropriation for liquor
profits distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((42,778,000))
40,160,000
Timber Tax Distribution Account Appropriation
for distribution to "Timber" counties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((115,950,000))
118,750,000
Municipal Sales and Use Tax Equalization Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 58,181,000
County Sales and Use Tax Equalization Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 12,940,000
Death Investigations Account Appropriation
for distribution to counties for publicly
funded autopsies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 1,200,000
County Criminal Justice Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 69,940,000
Municipal Criminal Justice Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 27,972,000
County Public Health Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((29,709,000))
29,250,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((871,491,000))
852,750,000
The appropriations in this section are subject to the following conditions and limitations: The total expenditures from the state treasury under the appropriations in this section shall not exceed the funds available under statutory distributions for the stated purposes.
Sec. 804. 1995 2nd sp.s. c 18 s 805 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--TRANSFERS
Public Works Assistance Account: For transfer to the
Flood Control Assistance Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ ((4,000,000))
10,031,000
General Fund: For transfer to the Flood Control
Assistance Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 23,181,000
General Fund: For transfer to the Natural Resources
Fund--Water Quality Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((18,471,000))
20,840,000
New Motor Vehicle Arbitration Account: For transfer to
the Public Safety and Education Account. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . $ 3,200,000
Water Quality Account: For transfer to the Water
Pollution Revolving Fund. Transfers shall be
made at intervals coinciding with deposits of
federal capitalization grant money into the
revolving fund. The amounts transferred shall
not exceed the match required for each federal
deposit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 25,000,000
Water Quality Account: For transfer to the Water
Right Permit Processing Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ ((500,000))
750,000
Trust Land Purchase Account: For transfer to the Parks
Renewal and Stewardship Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((1,304,000))
1,308,000
General Government Special Revenue Fund--State
Treasurer's Service Account: For transfer to
the general fund on or before June 30, 1997,
an amount up to $((7,361,000)) 12,361,000 in
excess of the cash requirements of the state
treasurer's service account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ ((7,361,000))
12,361,000
Health Services Account: For transfer to the
Public Health Services Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . $ 26,003,000
Public Health Services Account: For transfer to
the County Public Health Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 2,250,000
Public Works Assistance Account: For transfer to the
Growth Management Planning and Environmental
Review Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . $ 3,000,000
Basic Health Plan Trust Account: For transfer to
the General Fund--State Account (FY 1996). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,664,778
Basic Health Plan Trust Account: For transfer to
the General Fund--State Account (FY 1997). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,664,778
Oil Spill Response Account: For transfer to
the Oil Spill Administration Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 1,718,000
State Convention and Trade Center Account: For
transfer to the State Convention and
Trade Center Operations Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . $ 5,400,000
PART IX
MISCELLANEOUS
Sec. 901. RCW 43.08.250 and 1995 2nd sp.s. c 18 s 912 are each amended to read as follows:
The money received by the state treasurer from fees, fines, forfeitures, penalties, reimbursements or assessments by any court organized under Title 3 or 35 RCW, or chapter 2.08 RCW, shall be deposited in the public safety and education account which is hereby created in the state treasury. The legislature shall appropriate the funds in the account to promote traffic safety education, highway safety, criminal justice training, crime victims' compensation, judicial education, the judicial information system, civil representation of indigent persons, winter recreation parking, and state game programs. During the fiscal biennium ending June 30, 1997, the legislature may appropriate moneys from the public safety and education account for purposes of appellate indigent defense, the criminal litigation unit of the attorney general's office, the treatment alternatives to street crimes program, crime victims advocacy programs, justice information network telecommunication planning, sexual assault treatment, operations of the office of administrator for the courts, security in the common schools, programs for alternative dispute resolution of farmworker employment claims, criminal justice data collection, and Washington state patrol criminal justice activities.
Sec. 902. RCW 70.95.520 and 1989 c 431 s 94 are each amended to read as follows:
There is created an account within the state treasury to be known as the vehicle tire recycling account. All assessments and other funds collected or received under this chapter shall be deposited in the vehicle tire recycling account and used by the department of ecology for administration and implementation of this chapter. After October 1, 1989, the department of revenue shall deduct two percent from funds collected pursuant to RCW 70.95.510 for the purpose of administering and collecting the fee from new replacement vehicle tire retailers.
During the 1995-97 biennium, funds in the account may be appropriated to support recycling market development activities by state agencies.
Sec. 903. RCW 86.26.007 and 1995 2nd sp.s. c 18 s 915 are each amended to read as follows:
The flood control assistance account is hereby established in the state treasury. At the beginning of the 1997-99 fiscal biennium and each biennium thereafter the state treasurer shall transfer from the general fund to the flood control assistance account an amount of money which, when combined with money remaining in the account from the previous biennium, will equal four million dollars. Moneys in the flood control assistance account may be spent only after appropriation for purposes specified under this chapter or, during the 1995-97 biennium, for state and local response and recovery costs associated with federal emergency management agency (FEMA) disaster number 1079 (November/December 1995 storms), FEMA disaster number 1100 (February 1996 floods), and for prior biennia disaster recovery costs. To the extent that moneys in the flood control assistance account are not appropriated during the 1995-97 fiscal biennium for flood control assistance, the legislature may direct their transfer to the state general fund.
NEW SECTION. Sec. 904. 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. 905. 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 shall take effect immediately.
Correct the title accordingly.
Representative Romero moved adoption of the following amendment by Representative Romero:
On page , after line , insert the following:
"NEW SECTION. Sec. A new section is added to 1955 2nd sp.s. c 18 (uncodified) to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
General Fund--State Appropriation (FY 1997). . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ 30,000
TOTAL APPROPRIATION. . . . . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .. . . . . . .$ 30,000
The appropriation in this section is subject to the following conditions and limitations: The general fund--state appropriation is provided solely for a permanent fix for the elevators in the legislative building."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Representatives Romero, Jacobsen and Scheuerman spoke in favor of adoption of the amendment to the amendment.
Representative Huff spoke against the adoption of the amendment to the amendment.
The amendment to the amendment was not adopted.
Representative Huff spoke in favor of the adoption of the striking amendment.
The striking amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6251 as amended by the House.
Representatives Conway, Valle, Cole and Ogden spoke against passage of the bill.
Representatives H. Sommers, Foreman and Brown spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6251 , as amended by the House and the bill passed the House by the following vote: Yeas - 72, Nays - 26, Absent - 0, Excused - 0.
Voting yea: Representatives Backlund, Ballasiotes, Basich, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chopp, Clements, Cooke, Costa, Crouse, Delvin, Dyer, Elliot, Foreman, Fuhrman, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Kessler, Lambert, Linville, Lisk, Mastin, McMorris, Mitchell, Morris, Mulliken, Murray, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Rust, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Wolfe and Mr. Speaker - 72.
Voting nay: Representatives Appelwick, Beeksma, Brown, Chappell, Cody, Cole, Conway, Dellwo, Dickerson, Fisher, R., Goldsmith, Hargrove, Keiser, Koster, Mason, McMahan, Ogden, Patterson, Poulsen, Regala, Romero, Scheuerman, Sherstad, Stevens, Valle and Veloria - 26.
Engrossed Substitute Senate Bill No. 6251 as amended by the House, having received the constitutional majority, was declared passed.
Representative Huff: Thank you Mr. Speaker. A budget can't be put together without a great team and I would like to recognize the OPR staff at this point. If it's alright with you could we give them a hand. Thank you Mr. Speaker and thank you everybody. Thank you for the support, I appreciate it very much.
HOUSE BILL NO. 2609, by Representatives Elliot, Basich, Benton, Sheldon, Schoesler and Thompson
Specifying the agencies of government that have authority to regulate surface mining reclamation and operations.
The bill was read the second time.
Representative Fuhrman moved the adoption of the following amendment by Representative Fuhrman:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes that the availability of minerals through surface mining is essential to the economic well-being of the state and nation. The citizens of the state are rapidly running out of approved or designated sites to extract these minerals. Therefore, the available sources of these minerals are nearly exhausted.
The state has enacted several laws in recent years directing local governments to make land use decisions for appropriate uses of land through designation in advance of or during the comprehensive planning process and then to limit the specific approval process to mitigating specific impacts of the use or uses allowed by the designation. The current planning and regulatory environment makes economically viable permits unobtainable for the vast majority of the sites where the minerals are located and needed.
The cost of transportation of minerals for any significant distance can have a compounding effect on the costs to the taxpayers of the state. Surface mining must take place in diverse areas where the geologic, topographic, climatic, biologic, and social conditions are significantly different, and reclamation specifications must vary accordingly. But surface mining is a finite use of the land and another beneficial use must follow through reclamation.
Therefore, the legislature finds that designation, production, and conservation of adequate sources of minerals under section 2 of this act is in the best interests of the citizens of the state.
NEW SECTION. Sec. 2. A new section is added to chapter 36.70A RCW to read as follows:
(1)(a) Where the county has classified mineral lands pursuant to RCW 36.70A.050 and mineral resource lands of long-term commercial significance exist, a county shall designate sufficient mineral resource lands in the comprehensive plans to meet the projected twenty-year, county-wide need. Once designated, mineral resource uses, including operations as defined in RCW 78.44.031, shall be established as an allowed use in local development regulations.
(b) The county shall designate mineral resource deposits, both active and inactive, in economically viable proximity to locations where the deposits are likely to be used.
(c) This section has no applicability to metals mining and milling operations as defined in RCW 78.56.020.
(d) Proximity provisions of (b) of this subsection and subsection (5)(a) of this section do not apply to metallic placer, dolomite, limestone, magnesite, or quartzite deposits, and any activity related to the development or operation of such deposits.
(2) Nothing in this section precludes any unit of government from accepting the lowest responsible bid for purchase of mineral materials, regardless of source.
(3) Through its comprehensive plan and development regulations, as defined in RCW 36.70A.030, a county, city, or town shall discourage the siting of new applications of incompatible uses adjacent to mineral resource industries, deposits, and holdings.
(4) Any additions or amendments to comprehensive plans or development regulations required by this section shall be adopted at the next regularly scheduled amendment of the comprehensive plan or development regulations which occurs at least six months after the effective date of this section.
(5) For the purposes of this section:
(a) "Long-term commercial significance" includes the mineral composition of the land for long-term economically viable commercial production, in consideration with the mineral resource land's proximity to population areas, product markets, and the possibility of more intense uses of the land.
(b) "Allowed use" means the use or uses specified by local development regulations as appropriate within those areas designated through the advance or comprehensive planning process. Once designated, a proposed allowed use shall be reviewed for project specific impacts and may be conditioned to mitigate significant adverse impacts within the context of site plan approval, but such review shall not revisit the question of land use.
(6) Nothing in this section shall modify the procedures and requirements of chapter 43.21C RCW and allowed uses shall be reviewed in accordance with chapter 43.21C RCW.
Sec. 3. RCW 78.44.310 and 1993 c 518 s 38 are each amended to read as follows:
The department ((may)) shall establish a no-cost consulting service within the department to assist miners, permit holders, local government, and the public in technical matters related to mine regulation, mine operations, and reclamation. The department ((may)) shall prepare concise, printed information for the public explaining surface mining activities, timelines for permits and reviews, laws, and the role of governmental agencies involved in surface mining, including how to contact all regulators. The department shall not be held liable for any negligent advice.
NEW SECTION. Sec. 4. The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the surface mining reclamation account to the department of natural resources for the purposes of section 3 of this act."
Correct the title as necessary.
Representatives Fuhrman and Rust spoke in favor of adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2609.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2609 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.
Engrossed House Bill No. 2609, having received the constitutional majority, was declared passed.
HOUSE BILL NO. 2954, by Representatives Pennington, Kessler, Hymes, Brumsickle, Schoesler, Campbell, Grant, Chappell, Linville, Casada, Morris, Silver, Mulliken, Hatfield, Quall, Costa, Basich, Lambert, D. Schmidt, McMahan, L. Thomas, Koster, Stevens and Scott
Providing tax exemptions for items obtained to replace flood-damaged items.
The bill was read the second time.
There being no objection, amendment 490 to House Bill No. 2954 was withdrawn.
Representative Pennington moved the adoption of the following amendment by Representative Pennington:
Strike everything after the enacting clause and insert:
"NEW SECTION. Sec. 1. A new section is added to chapter 82.08 RCW to read as follows:
(1) The tax levied by RCW 82.08.020 shall not apply to sales of the following:
(a) Labor and services rendered in respect to repairing residential buildings damaged by flooding or constructing new residential buildings to replace residential buildings destroyed by flooding, if the buildings are located in a county or Indian Nation listed in Presidential Disaster Declaration DR-1079-WA or DR-1100-WA as amended; or
(b) Tangible personal property which becomes an ingredient or component of such residential buildings during the course of such repair or construction.
(2) A person claiming exemption under this section shall: (a) Provide the seller with an exemption certificate in a form and manner prescribed by the department by rule;
(b) Display to the seller a valid Washington drivers license or other valid identification card that has a photograph of the holder; and
(c) Present to the seller a copy of a letter or other documentation showing that the buyer is the recipient of federal disaster assistance.
NEW SECTION. Sec. 2. A new section is added to chapter 82.08 RCW to read as follows:
(1) The tax levied by RCW 82.08.020 shall not apply to sales of tangible personal property specified in subsection (2) of this section to a resident of a county or Indian Nation listed in Presidential Disaster Declaration DR-1079-WA or DR-1100-WA as amended.
(2) Only the following items are exempt under this section, and only if the item replaces a like item that was lost or destroyed in the flooding:
(a) Upholstered sofas, couches, loveseats, armchairs, and recliners;
(b) Dining tables and chairs;
(c) Bed mattresses and foundations;
(d) Clothes washers and dryers;
(e) Stoves, ranges, and conventional ovens;
(f) Refrigerators and freezers;
(g) Dishwashers;
(h) Garbage disposals and trash compactors;
(i) Water heaters; and
(j) Private automobiles, when replacing a private automobile that was registered and licensed under the laws of this state at the time of the flooding.
(3) A person claiming exemption under this section shall: (a) Provide the seller with an exemption certificate in a form and manner prescribed by the department by rule;
(b) Display to the seller a valid Washington drivers license or other valid identification card that has a photograph of the holder; and
(c) Present to the seller a copy of a letter or other documentation showing that the buyer is the recipient of federal disaster assistance.
NEW SECTION. Sec. 3. A new section is added to chapter 82.12 RCW to read as follows:
The provisions of this chapter shall not apply in respect to the use of tangible personal property which becomes an ingredient or component of residential buildings during the course of repairing residential buildings damaged by flooding or constructing new residential buildings to replace residential buildings destroyed by flooding, if the buildings are located in a county or Indian Nation listed in Presidential Disaster Declaration DR-1079-WA or DR-1100-WA as amended.
NEW SECTION. Sec. 4. A new section is added to chapter 82.12 RCW to read as follows:
The provisions of this chapter shall not apply in respect to the use of tangible personal property by a resident of a county or Indian Nation listed in Presidential Disaster Declaration DR-1079-WA or DR-1100-WA as amended, if the property if the property is an item listed in section 2(2) of this act, and the property replaces a like item that was lost or destroyed in the flooding.
NEW SECTION. Sec. 5. Sections 1 and 3 of this act shall expire March 31, 1997. Sections 2 and 4 of this act shall expire September 31, 1996.
NEW SECTION. Sec. 6. 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 shall take effect immediately."
Representative Pennington spoke in favor of adoption of the amendment.
The amendment was adopted.
The bill was ordered engrossed.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Pennington, Morris and Lisk spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed House Bill No. 2954.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed House Bill No. 2954 and the bill passed the House by the following vote: Yeas - 94, Nays - 4, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.
Voting nay: Representatives Brown, Mason, Rust and Sommers, H. - 4.
Engrossed House Bill No. 2954, having received the constitutional majority, was declared passed.
ENGROSSED SENATE BILL NO. 6776, by Senators Owen and Prince
Authorizing emergency grants to flood-damaged short-line or light-density railroads.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative K. Schmidt spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Engrossed Senate Bill No. 6776.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Senate Bill No. 6776 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.
Engrossed Senate Bill No. 6776, having received the constitutional majority, was declared passed.
SUBSTITUTE SENATE BILL NO. 6767, by Senate Committee on Ways & Means (originally sponsored by Senators Rinehart and West)
Establishing procedures for compensation modifications for state employees under chapter 41.06 RCW.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Huff spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6767.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6767 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.
Substitute Senate Bill No. 6767, having received the constitutional majority, was declared passed.
There being no objection, the Rules Committee was relieved of further consideration and House Concurrent Resolution No. 4416 was placed on the third reading calendar.
THIRD READING
HOUSE CONCURRENT RESOLUTION NO. 4416, by Representative Foreman
Pertaining to convening special legislative sessions.
The resolution was read the third time.
Representative Foreman spoke in favor of adoption of the resolution.
House Concurrent Resolution No. 4416 was adopted.
MESSAGE FROM THE SENATE
March 1, 1996
Mr. Speaker:
The Senate has passed ENGROSSED HOUSE BILL NO. 2847 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 49.12 RCW to read as follows:
(1) Whenever an employer requires an employee to wear a uniform or other article of wearing apparel of a specific style or color, it must be furnished by the employer. Usual and customary wearing apparel in conformance to a general dress standard need not be furnished by the employer.
(2) Notwithstanding subsection (1) of this section, an employer who requires an employee to wear black or white apparel not of a specific style is not required to furnish the apparel to the employee.
(3) If the director, or the director's designee, finds that an employer has violated this section, he or she shall order the employer to reimburse any employee for the cost of wearing apparel required to be provided under this section and may assess the employer a civil penalty of not more than two hundred dollars for each violation.
(4) The department may adopt rules to implement this section.
Sec. 2. RCW 49.12.005 and 1994 c 164 s 13 are each amended to read as follows:
For the purposes of this chapter:
(1) The term "department" means the department of labor and industries.
(2) The term "director" means the director of the department of labor and industries, or the director's designated representative.
(3) The term "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees and for the purposes of RCW 49.12.270 through 49.12.295 and section 1 of this act also includes the state, any state institution, any state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.
(4) The term "employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.
(5) The term "conditions of labor" shall mean and include the conditions of rest and meal periods for employees including provisions for personal privacy, practices, methods and means by or through which labor or services are performed by employees and includes bona fide physical qualifications in employment, but shall not include conditions of labor otherwise governed by statutes and rules and regulations relating to industrial safety and health administered by the department.
(6) For the purpose of chapter 16, Laws of 1973 2nd ex. sess. a minor is defined to be a person of either sex under the age of eighteen years.
NEW SECTION. Sec. 3. 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 shall take effect immediately."
On page 1, line 3 of the title, after "apparel;" strike the remainder of the title and insert "amending RCW 49.12.005; adding a new section to chapter 49.12 RCW; prescribing penalties; and declaring an emergency."
and the same are herewith transmitted.
Marty Brown, Secretary
There being no objection the House refuses to concur in the Senate amendments to Engrossed House Bill No. 2847 and ask the Senate to recede therefrom.
There being no objection, the House resumed consideration of Senate Bill No. 6174 on reconsideration.
FINAL PASSAGE OF SENATE BILL AS HOUSE AMENDED
The Speaker stated the question before the House to be final passage of Senate Bill No. 6174 as amended by the House on reconsideration.
Representatives Carlson and Jacobsen spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6174 as amended by the House, on reconsideration and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.
Senate Bill No. 6174 as amended by the House on reconsideration, having received the constitutional majority, was declared passed.
I intended to vote YEA on Senate Bill No. 6174.
DON BENTON, 17th District
The Speaker declared the House to be at ease.
The Speaker called the House to order.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
ENGROSSED HOUSE BILL NO. 2132,
SUBSTITUTE HOUSE BILL NO. 2140,
ENGROSSED HOUSE BILL NO. 2472,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2537,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2832,
The Speaker called on Representative Horn to preside.
MESSAGES FROM THE SENATE
March 7, 1996
Mr. Speaker:
The President has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1231,
SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1967,
SECOND SUBSTITUTE HOUSE BILL NO. 2323,
SUBSTITUTE HOUSE BILL NO. 2376,
SUBSTITUTE HOUSE BILL NO. 2444,
ENGROSSED HOUSE BILL NO. 2452,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2485,
SUBSTITUTE HOUSE BILL NO. 2518,
SUBSTITUTE HOUSE BILL NO. 2762,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2909,
and the same are herewith transmitted.
Marty Brown, Secretary
March 6, 1996
Mr. Speaker:
The President has signed:
SENATE CONCURRENT RESOLUTION NO. 8429,
SENATE CONCURRENT RESOLUTION NO. 8432,
and the same are herewith transmitted.
Marty Brown, Secretary
March 6, 1996
Mr. Speaker:
The President has signed:
FOURTH SUBSTITUTE SENATE BILL NO. 5159,
SECOND SUBSTITUTE SENATE BILL NO. 5417,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5676,
SUBSTITUTE SENATE BILL NO. 6197,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6204,
and the same are herewith transmitted.
Marty Brown, Secretary
The Speaker assumed the chair.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
FOURTH SUBSTITUTE SENATE BILL NO. 5159,
SECOND SUBSTITUTE SENATE BILL NO. 5417,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5676,
SUBSTITUTE SENATE BILL NO. 6197,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6204,
SENATE CONCURRENT RESOLUTION NO. 8429,
SENATE CONCURRENT RESOLUTION NO. 8432,
The Speaker called on Representative Horn to preside.
REPORT OF CONFERENCE COMMITTEE
Bill No: 2SSB 5258 Date: March 6, 1996
Prepared by: David Knutson (7146) Includes "new item": YES
Mr. Speaker:
Mr. President:
We of your Conference Committee, to whom was referred SECOND SUBSTITUTE SENATE BILL NO. 5258, An act relating to clarifying, technical, and administrative revisions to community public health and safety networks, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and that the attached striking amendment (H-5488.2/96 2nd draft) be adopted, and that the bill do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of this act only to make minimal clarifying, technical, and administrative revisions to the laws concerning community public health and safety networks and to the related agencies responsible for implementation of the networks. This act is not intended to change the scope of the duties or responsibilities, nor to undermine the underlying policies, set forth in chapter 7, Laws of 1994 sp. sess.
Sec. 2. RCW 70.190.010 and 1995 c 399 s 200 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Administrative costs" means the costs associated with procurement; payroll processing; personnel functions; management; maintenance and operation of space and property; data processing and computer services; accounting; budgeting; auditing; indirect costs; and organizational planning, consultation, coordination, and training.
(2) "Assessment" has the same meaning as provided in RCW 43.70.010.
(3) "At-risk" children are children who engage in or are victims of at-risk behaviors.
(4) "At-risk behaviors" means violent delinquent acts, teen substance abuse, teen pregnancy and male parentage, teen suicide attempts, dropping out of school, child abuse or neglect, and domestic violence.
(5) "Community public health and safety networks" or "networks" means the organizations authorized under RCW 70.190.060.
(6) "Comprehensive plan" means a two-year plan that examines available resources and unmet needs for a county or multicounty area, barriers that limit the effective use of resources, and a plan to address these issues that is broadly supported by local residents.
(((2))) (7) "Participating state agencies" means the office of the superintendent of public instruction, the department of social and health services, the department of health, the employment security department, the department of community, trade, and economic development, and such other departments as may be specifically designated by the governor.
(((3))) (8) "Family policy council" or "council" means the superintendent of public instruction, the secretary of social and health services, the secretary of health, the commissioner of the employment security department, and the director of the department of community, trade, and economic development or their designees, one legislator from each caucus of the senate and house of representatives, and one representative of the governor.
(((4))) (9) "Fiduciary interest" means (a) the right to compensation from a health, educational, social service, or justice system organization that receives public funds, or (b) budgetary or policy-making authority for an organization listed in (a) of this subsection. A person who acts solely in an advisory capacity and receives no compensation from a health, educational, social service, or justice system organization, and who has no budgetary or policy-making authority is deemed to have no fiduciary interest in the organization.
(10) "Outcome" or "outcome based" means defined and measurable outcomes ((and indicators that make it possible for communities)) used to evaluate progress in ((meeting their goals and whether systems are fulfilling their responsibilities)) reducing the rate of at-risk children and youth through reducing risk factors and increasing protective factors.
(((5))) (11) "Matching funds" means an amount no less than twenty-five percent of the amount budgeted for a ((consortium's project)) network. ((Up to half of)) The ((consortium's)) network's matching funds may be in-kind goods and services. Funding sources allowable for match include appropriate federal or local levy funds, private charitable funding, and other charitable giving. Basic education funds shall not be used as a match. State general funds shall not be used as a match for violence reduction and drug enforcement account funds created under RCW 69.50.520.
(((6) "Consortium" means a diverse group of individuals that includes at least representatives of local service providers, service recipients, local government administering or funding children or family service programs, participating state agencies, school districts, existing children's commissions, ethnic and racial minority populations, and other interested persons organized for the purpose of designing and providing collaborative and coordinated services under this chapter. Consortiums shall represent a county, multicounty, or municipal service area. In addition, consortiums may represent Indian tribes applying either individually or collectively.))
(12) "Policy development" has the same meaning as provided in RCW 43.70.010.
(13) "Protective factors" means those factors determined by the department of health to be empirically associated with behaviors that contribute to socially acceptable and healthy nonviolent behaviors. Protective factors include promulgation, identification, and acceptance of community norms regarding appropriate behaviors in the area of delinquency, early sexual activity, alcohol and substance abuse, educational opportunities, employment opportunities, and absence of crime.
(14) "Risk factors" means those factors determined by the department of health to be empirically associated with at-risk behaviors that contribute to violence.
Sec. 3. RCW 70.190.060 and 1994 sp.s. c 7 s 303 are each amended to read as follows:
(1) The legislature ((intends to create)) authorizes community public health and safety networks to reconnect parents and other citizens with children, youth, families, and community institutions which support health and safety. The networks have only those powers and duties expressly authorized under this chapter. The networks should empower parents and other citizens by being a means of expressing their attitudes, spirit, and perspectives regarding safe and healthy family and community life. The legislature intends that parent and other citizen perspectives exercise a controlling influence over policy and program operations of professional organizations concerned with children and family issues within networks in a manner consistent with the Constitution and state law. It is not the intent of the legislature that health, social service, or educational professionals dominate community public health and safety network processes or programs, but rather that these professionals use their skills to lend support to parents and other citizens in expressing their values as parents and other citizens identify community needs and establish community priorities. To this end, the legislature intends full participation of parents and other citizens in community public health and safety networks. The intent is that local community values are reflected in the operations of the network.
(2) A group of persons described in subsection (3) of this section may apply ((by December 1, 1994,)) to be a community public health and safety network.
(3) Each community public health and safety network shall be composed of twenty-three people, thirteen of whom shall be citizens who live within the network boundary with no ((direct)) fiduciary interest ((in health, education, social service, or justice system organizations operating within the network area)). In selecting these members, first priority shall be given to members of community mobilization advisory boards, city or county children's services commissions, human services advisory boards, or other such organizations ((which may exist within the network)). The thirteen persons shall be selected as follows: Three by ((the)) chambers of commerce ((located in the network)), three by school board members ((of the school districts within the network boundary)), three by ((the)) county legislative authorities ((of the counties within the network boundary)), three by ((the)) city legislative authorities ((of the cities within the network boundary)), and one high school student, selected by student organizations ((within the network boundary)). The remaining ten members shall live or work within the network boundary and shall include local representation ((from)) selected by the following groups and entities: Cities((,)); counties((,)); federally recognized Indian tribes((,)); parks and recreation programs((,)); law enforcement agencies((, superior court judges,)); state children's service workers ((from within the network area,)); employment assistance workers ((from within the network area,)); private social((, educational)) service providers, broad-based nonsecular organizations, or health service providers ((from within the network area, and broad-based nonsecular organizations)); and public education.
(4) ((A list of the network members shall be submitted to the council by December 1, 1994, by the network chair who shall be selected by network members at their first meeting. The list shall become final unless the council chooses other members within twenty days after the list is submitted. The council shall accept the list unless he or she believes the proposed list does not adequately represent all parties identified in subsection (3) of this section or a member has a conflict of interest between his or her membership and his or her livelihood.)) Members of the ((community)) network shall serve terms of three years.
The terms of the initial members of each network shall be as follows: (a) One-third shall serve for one year; (b) one-third shall serve for two years; and (c) one-third shall serve for three years. Initial members may agree which shall serve fewer than three years or the decision may be made by lot. ((The same process shall be used in the selection of the chair and members for subsequent terms.)) Any vacancy occurring during the term may be filled by the chair for the balance of the unexpired term.
(5) ((The network shall select a public entity as the lead fiscal agency for the network. The lead agency may contract with a public or private entity to perform other administrative duties required by the state. In making the selection, the network shall consider: (a) Experience in administering prevention and intervention programs; (b) the relative geographical size of the network and its members; (c) budgeting and fiscal capacity; and (d) how diverse a population each entity represents.)) Not less than sixty days before the expiration of a network member's term, the chair shall submit the name of a nominee to the network for its approval. The network shall comply with subsection (3) of this section.
(6) Networks ((meetings)) are subject to the open public meetings act under chapter 42.30 RCW and the public records provisions of RCW 42.17.270 through 42.17.310.
NEW SECTION. Sec. 4. A new section is added to chapter 70.190 RCW to read as follows:
(1) Each network shall contract with a public entity as its lead fiscal agent. The contract shall grant the agent authority to perform fiscal, accounting, contract administration, legal, and other administrative duties, including the provision of liability insurance. Any contract under this subsection shall be submitted to the council by the network for approval prior to its execution. The council shall review the contract to determine whether the administrative costs will be held to no more than ten percent.
(2) The lead agent shall maintain a system of accounting for network funds consistent with the budgeting, accounting, and reporting systems and standards adopted or approved by the state auditor.
(3) The lead agent may contract with another public or private entity to perform duties other than fiscal or accounting duties.
NEW SECTION. Sec. 5. A new section is added to chapter 70.190 RCW to read as follows:
No network member may vote to authorize, or attempt to influence the authorization of, any expenditure in which the member's immediate family has a fiduciary interest. For the purpose of this section "immediate family" means a spouse, parent, grandparent, adult child, brother, or sister.
Sec. 6. RCW 70.190.080 and 1994 sp.s. c 7 s 305 are each amended to read as follows:
(1) The community network's plan may include a program to provide postsecondary scholarships to at-risk students who: (a) Are community role models under criteria established by the community network; (b) successfully complete high school; and (c) maintain at least a 2.5 grade point average throughout high school. Funding for the scholarships may include public and private sources.
(2) The community network's plan may also include funding of community-based home visitor programs which are designed to reduce the incidence of child abuse and neglect ((with [within])) within the network. Parents shall sign a voluntary authorization for services, which may be withdrawn at any time. The program may provide parents with education and support either in parents' homes or in other locations comfortable for parents, beginning with the birth of their first baby. The program may make the following services available to the families:
(a) Visits for all expectant or new parents, either at the parent's home or another location with which the parent is comfortable;
(b) Screening before or soon after the birth of a child to assess the family's strengths and goals and define areas of concern in consultation with the family;
(c) Parenting education and skills development;
(d) Parenting and family support information and referral;
(e) Parent support groups; and
(f) Service coordination for individual families, and assistance with accessing services, provided in a manner that ensures that individual families have only one individual or agency to which they look for service coordination. Where appropriate for a family, service coordination may be conducted through interdisciplinary or interagency teams.
These programs are intended to be voluntary for the parents involved.
(3) ((The community network may include funding of)) In developing long-term comprehensive plans to reduce the rate of at-risk children and youth, the community networks shall consider increasing employment and job training opportunities in recognition that they constitute an effective network strategy and strong protective factor. The networks shall consider and may include funding of:
(a) At-risk youth job placement and training programs. The programs shall:
(i) Identify and recruit at-risk youth for local job opportunities;
(ii) Provide skills and needs assessments for each youth recruited;
(iii) Provide career and occupational counseling to each youth recruited;
(iv) Identify businesses willing to provide employment and training opportunities for at-risk youth;
(v) Match each youth recruited with a business that meets his or her skills and training needs;
(vi) Provide employment and training opportunities that prepare the individual for demand occupations; and
(vii) Include, to the extent possible, collaboration of business, labor, education and training, community organizations, and local government;
(b) Employment assistance, including job development, school-to-work placement, employment readiness training, basic skills, apprenticeships, job mentoring, and private sector and community service employment;
(c) Education assistance, including tutoring, mentoring, interactions with role models, entrepreneurial education and projects, violence prevention training, safe school strategies, and employment reentry assistance services;
(((d))) (4) The community network may include funding of:
(a) Peer-to-peer, group, and individual counseling, including crisis intervention, for at-risk youth and their parents;
(((e))) (b) Youth coalitions that provide opportunities to develop leadership skills and gain appropriate respect, recognition, and rewards for their positive contribution to their community;
(((f))) (c) Technical assistance to applicants to increase their organizational capacity and to improve the likelihood of a successful application; and
(((g))) (d) Technical assistance and training resources to successful applicants.
Sec. 7. RCW 70.190.090 and 1994 sp.s. c 7 s 306 are each amended to read as follows:
(1) A ((community)) network that has its membership finalized under RCW 70.190.060(4) shall, upon application to the council, be eligible to receive planning grants and technical assistance from the council. Planning grants may be funded through available federal funds for family preservation services. After receiving the planning grant the ((region will be given)) network has up to one year to submit the long-term comprehensive plan. ((Upon application the community networks are eligible to receive funds appropriated under RCW 70.190.140.))
(2) The council shall enter into biennial contracts with ((community)) networks as part of the grant process. The contracts shall be consistent with available resources, and shall be distributed in accordance with the distribution formula developed pursuant to RCW 43.41.195, subject to the applicable matching fund requirement.
(3) No later than February 1 of each odd-numbered year following the initial contract between the council and a network, the council shall request from the network its plan for the upcoming biennial contract period.
(4) The council shall notify the ((community)) networks of their allocation of available resources at least sixty days prior to the start of a new biennial contract period.
(5) The networks shall, by contract, distribute funds (a) appropriated for plan implementation by the legislature, and (b) obtained from nonstate or federal sources. In distributing funds, the networks shall ensure that administrative costs are held to a maximum of ten percent.
(6) A network shall not provide services or operate programs.
(7) A network shall file a report with the council by May 1 of each year that includes but is not limited to the following information: Detailed expenditures, programs under way, progress on contracted services and programs, and successes and problems in achieving the outcomes required by RCW 70.190.130(1)(h) related to reducing the rate of state-funded out-of-home placements and the other three at-risk behaviors covered by the comprehensive plan and approved by the council.
Sec. 8. RCW 70.190.130 and 1994 sp.s. c 7 s 310 are each amended to read as follows:
(1) The council shall only disburse funds to a ((community)) network after a comprehensive plan has been prepared by the network and approved by the council ((or as provided in RCW 70.190.140)). In approving the plan the council shall consider whether the network:
(((1))) (a) Promoted input from the widest practical range of agencies and affected parties, including public hearings;
(((2))) (b) Reviewed the indicators of violence data compiled by the local public health departments and incorporated a response to those indicators in the plan;
(((3))) (c) Obtained a declaration by the largest health department within the ((network's boundaries, ensuring that)) network boundary, indicating whether the plan ((met)) meets minimum standards for assessment and policy development relating to social development according to RCW 43.70.555;
(((4))) (d) Included a specific mechanism of data collection and transmission based on the rules established under RCW 43.70.555;
(((5))) (e) Considered all relevant causes of violence in its community and did not isolate only one or a few of the elements to the exclusion of others and demonstrated evidence of building community capacity through effective neighborhood and community development; ((and
(6))) (f) Considered youth employment and job training programs outlined in this chapter as a strategy to reduce the rate of at-risk children and youth;
(g) Integrated local programs that met the network's priorities and were deemed successful by the network;
(h) Committed to make measurable reductions in the rate of at-risk children and youth by reducing the rate of state-funded out-of-home placements and make reductions in at least three of the following rates of youth: Violent criminal acts, substance abuse, pregnancy and male parentage, suicide attempts, ((or)) dropping out of school, child abuse or neglect, and domestic violence; and
(i) Held a public hearing on its proposed comprehensive plan and submitted to the council all of the written comments received at the hearing and a copy of the minutes taken at the hearing.
(2) The council may establish a maximum amount to be expended by a network for purposes of planning and administrative duties, that shall not, in total, exceed ten percent of funds available to a network.
(3) The council may determine that a network is not in compliance with this chapter if it fails to comply with statutory requirements. Upon a determination of noncompliance, the council may suspend or revoke a network's status or contract and specify a process and deadline for the network's compliance.
NEW SECTION. Sec. 9. A new section is added to chapter 70.190 RCW to read as follows:
(1) The network members are immune from all civil liability arising from their actions done in their decision-making capacity as a network member, except for their intentional tortious acts or acts of official misconduct.
(2) The assets of a network are not subject to attachment or execution in satisfaction of a judgment for the tortious acts or official misconduct of any network member or for the acts of any agency or program to which it provides funds.
NEW SECTION. Sec. 10. 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. 11. The amendments to RCW 70.190.060 in 1996 c . . . s 3 (section 3 of this act) shall apply prospectively only and are not intended to affect the composition of any community public health and safety network's membership that has been approved by the family policy council prior to the effective date of this section.
NEW SECTION. Sec. 12. (1) Section 7 of this act shall take effect July 1, 1996.
(2) Section 8 of 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 shall take effect immediately."
On page 1, line 2 of the title, after "networks;" strike the remainder of the title and insert "amending RCW 70.190.010, 70.190.060, 70.190.080, 70.190.090, and 70.190.130; adding new sections to chapter 70.190 RCW; creating new sections; providing an effective date; and declaring an emergency."
Signed by Senators Hargrove, Kohl, Long and Representatives Cooke, Boldt, Dickerson
There being no objection the House adopts the Report of the Conference Committee on Second Substitute Senate Bill No. 5258 and pass the bill as recommended by the Conference Committee.
FINAL PASSAGE OF SENATE BILL
AS RECOMMENDED BY THE CONFERENCE COMMITTEE
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Second Substitute Senate Bill No. 5258 as recommended by the Conference Committee.
Representatives Cooke, Dickerson and Boldt spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute Senate Bill No. 5258, as recommended by the Conference Committee and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.
Second Substitute Senate Bill No. 5258 as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
REPORT OF CONFERENCE COMMITTEE
Bill No: SB 6247 Date: March 5, 1996
Prepared by: Kenny Pittman (7392) Includes "new item": YES
Mr. Speaker:
Mr. President:
We of your Conference Committee, to whom was referred SENATE BILL NO. 6247, Revising economic development activities, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and that the attached striking amendment (6247 AMC CONF H5473.1) be adopted, and that the bill do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.163.210 and 1994 c 238 s 4 are each amended to read as follows:
For the purpose of facilitating economic development in the state of Washington and encouraging the employment of Washington workers at meaningful wages:
(1) The authority may develop and conduct a program or programs to provide nonrecourse revenue bond financing for the project costs for no more than five economic development activities, per fiscal year, included under the authority's general plan of economic development finance objectives((;)). In addition, the authority may issue tax-exempt bonds to finance ten manufacturing or processing activities, per fiscal year, for which the total project cost is less than one million dollars per project.
(2) The authority may also develop and conduct a program that will stimulate and encourage the development of new products within Washington state by the infusion of financial aid for invention and innovation in situations in which the financial aid would not otherwise be reasonably available from commercial sources. The authority is authorized to provide nonrecourse revenue bond financing for this program.
(a) For the purposes of this program, the authority shall have the following powers and duties:
(i) To enter into financing agreements with eligible persons doing business in Washington state, upon terms and on conditions consistent with the purposes of this chapter, for the advancement of financial and other assistance to the persons for the development of specific products, procedures, and techniques, to be developed and produced in this state, and to condition the agreements upon contractual assurances that the benefits of increasing or maintaining employment and tax revenues shall remain in this state and accrue to it;
(ii) Own, possess, and take license in patents, copyrights, and proprietary processes and negotiate and enter into contracts and establish charges for the use of the patents, copyrights, and proprietary processes when the patents and licenses for products result from assistance provided by the authority;
(iii) Negotiate royalty payments to the authority on patents and licenses for products arising as a result of assistance provided by the authority;
(iv) Negotiate and enter into other types of contracts with eligible persons that assure that public benefits will result from the provision of services by the authority; provided that the contracts are consistent with the state Constitution;
(v) Encourage and provide technical assistance to eligible persons in the process of developing new products;
(vi) Refer eligible persons to researchers or laboratories for the purpose of testing and evaluating new products, processes, or innovations; and
(vii) To the extent permitted under its contract with eligible persons, to consent to a termination, modification, forgiveness, or other change of a term of a contractual right, payment, royalty, contract, or agreement of any kind to which the authority is a party.
(b) Eligible persons seeking financial and other assistance under this program shall forward an application, together with an application fee prescribed by rule, to the authority. An investigation and report concerning the advisability of approving an application for assistance shall be completed by the staff of the authority. The investigation and report may include, but is not limited to, facts about the company under consideration as its history, wage standards, job opportunities, stability of employment, past and present financial condition and structure, pro forma income statements, present and future markets and prospects, integrity of management as well as the feasibility of the proposed product and invention to be granted financial aid, including the state of development of the product as well as the likelihood of its commercial feasibility. After receipt and consideration of the report set out in this subsection and after other action as is deemed appropriate, the application shall be approved or denied by the authority. The applicant shall be promptly notified of action by the authority. In making the decision as to approval or denial of an application, priority shall be given to those persons operating or planning to operate businesses of special importance to Washington's economy, including, but not limited to: (i) Existing resource-based industries of agriculture, forestry, and fisheries; (ii) existing advanced technology industries of electronics, computer and instrument manufacturing, computer software, and information and design; and (iii) emerging industries such as environmental technology, biotechnology, biomedical sciences, materials sciences, and optics.
(3) The authority may also develop and implement, if authorized by the legislature, such other economic development financing programs adopted in future general plans of economic development finance objectives developed under RCW 43.163.090.
(4) The authority may not issue any bonds for the programs authorized under this section after June 30, 2000.
Sec. 2. RCW 43.180.160 and 1986 c 264 s 2 are each amended to read as follows:
The total amount of outstanding indebtedness of the commission may not exceed ((one and one-half)) two billion dollars at any time. The calculation of outstanding indebtedness shall include the initial principal amount of an issue and shall not include interest that is either currently payable or that accrues as a part of the face amount of an issue payable at maturity or earlier redemption. Outstanding indebtedness shall not include notes or bonds as to which the obligation of the commission has been satisfied and discharged by refunding or for which payment has been provided by reserves or otherwise.
NEW SECTION. Sec. 3. Section 1 of 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 shall take effect immediately."
On page 1, line 1 of the title, after "development;" strike the remainder of the title and insert "amending RCW 43.163.210 and 43.180.160; and declaring an emergency."
Senators Sheldon, Loveland, Winsley; Representatives Van Luven, Radcliff, Ogden
There being no objection the House adopts the Report of the Conference Committee on Senate Bill No. 6247 and pass the bill as recommended by the Conference Committee.
FINAL PASSAGE OF SENATE BILL
AS RECOMMENDED BY THE CONFERENCE COMMITTEE
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Senate Bill No. 6247 as recommended by the Conference Committee.
Representatives Radcliff and Ogden spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6247, as recommended by the Conference Committee and the bill passed the House by the following vote: Yeas - 93, Nays - 5, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 93.
Voting nay: Representatives Cairnes, Goldsmith, Hargrove, McMahan and Sherstad - 5.
Senate Bill No. 6247 as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
I intended to vote NAY on Senate Bill No. 6247.
VAL STEVENS, 39th District
I intended to vote NAY on Senate Bill No. 6247.
I intended to vote NAY on Senate Bill No. 6247.
REPORT OF CONFERENCE COMMITTEE
Bill No: ESSB 6257 Date: March 6, 1996
Prepared by: Pat Shelledy (7149) Includes "new item": YES
Mr. Speaker:
Mr. President:
We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 6257, improving guardian and guardian ad litem systems to protect minors and incapacitated persons, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the striking amendment by the Conference Committee (attached 6257-S.E AMC CONF S5829.3) be adopted; and
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. It is the intent of this act to make improvements to the guardian and guardian ad litem systems currently in place for the protection of minors and incapacitated persons.
Sec. 2. RCW 2.56.030 and 1994 c 240 s 1 are each amended to read as follows:
The administrator for the courts shall, under the supervision and direction of the chief justice:
(1) Examine the administrative methods and systems employed in the offices of the judges, clerks, stenographers, and employees of the courts and make recommendations, through the chief justice, for the improvement of the same;
(2) Examine the state of the dockets of the courts and determine the need for assistance by any court;
(3) Make recommendations to the chief justice relating to the assignment of judges where courts are in need of assistance and carry out the direction of the chief justice as to the assignments of judges to counties and districts where the courts are in need of assistance;
(4) Collect and compile statistical and other data and make reports of the business transacted by the courts and transmit the same to the chief justice to the end that proper action may be taken in respect thereto;
(5) Prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto;
(6) Collect statistical and other data and make reports relating to the expenditure of public moneys, state and local, for the maintenance and operation of the judicial system and the offices connected therewith;
(7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court of this state on cases and other judicial business in which action has been delayed beyond periods of time specified by law or rules of court and make report thereof to supreme court of this state;
(8) Act as secretary of the judicial conference referred to in RCW 2.56.060;
(9) Formulate and submit to the judicial council of this state recommendations of policies for the improvement of the judicial system;
(10) Submit annually, as of February 1st, to the chief justice and the judicial council, a report of the activities of the administrator's office for the preceding calendar year;
(11) Administer programs and standards for the training and education of judicial personnel;
(12) Examine the need for new superior court and district judge positions under a weighted caseload analysis that takes into account the time required to hear all the cases in a particular court and the amount of time existing judges have available to hear cases in that court. The results of the weighted caseload analysis shall be reviewed by the board for judicial administration and the judicial council, both of which shall make recommendations to the legislature ((by January 1, 1989)). It is the intent of the legislature that weighted caseload analysis become the basis for creating additional district court positions, and recommendations should address that objective;
(13) Provide staff to the judicial retirement account plan under chapter 2.14 RCW;
(14) Attend to such other matters as may be assigned by the supreme court of this state;
(15) Within available funds, develop a curriculum for a general understanding of child development, placement, and treatment resources, as well as specific legal skills and knowledge of relevant statutes including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules, interviewing skills, and special needs of the abused or neglected child. This curriculum shall be completed and made available to all juvenile court judges, court personnel, and service providers ((by July 1, 1988. The curriculum shall)) and be updated yearly to reflect changes in statutes, court rules, or case law;
(16) Develop, in consultation with the entities set forth in section 3(3) of this act, a comprehensive state-wide curriculum for persons who act as guardians ad litem under Title 13 or 26 RCW. The curriculum shall be made available July 1, 1997, and include specialty sections on child development, child sexual abuse, child physical abuse, child neglect, clinical and forensic investigative and interviewing techniques, family reconciliation and mediation services, and relevant statutory and legal requirements. The curriculum shall be made available to all superior court judges, court personnel, and all persons who act as guardians ad litem;
(17) Develop a curriculum for a general understanding of crimes of malicious harassment, as well as specific legal skills and knowledge of RCW 9A.36.080, relevant cases, court rules, and the special needs of malicious harassment victims. This curriculum shall be ((completed and)) made available to all superior court and court of appeals judges and to all justices of the supreme court ((by July 1, 1989));
(((17))) (18) Develop, in consultation with the criminal justice training commission and the commissions established under chapters 43.113, 43.115, and 43.117 RCW, a curriculum for a general understanding of ethnic and cultural diversity and its implications for working with youth of color and their families. The curriculum shall be ((completed and made)) available to all superior court judges and court commissioners assigned to juvenile court, and other court personnel ((by October 1, 1993)). Ethnic and cultural diversity training shall be provided annually so as to incorporate cultural sensitivity and awareness into the daily operation of juvenile courts state-wide;
(((18))) (19) Authorize the use of closed circuit television and other electronic equipment in judicial proceedings. The administrator shall promulgate necessary standards and procedures and shall provide technical assistance to courts as required.
NEW SECTION. Sec. 3. A new section is added to chapter 2.56 RCW to read as follows:
(1) The administrator for the courts shall review the advisability and feasibility of the state-wide mandatory use of court-appointed special advocates as described in RCW 26.12.175 to act as guardians ad litem in appropriate cases under Titles 13 and 26 RCW. The review must explore the feasibility of obtaining various sources of private and public funding to implement state-wide mandatory use of court-appointed special advocates, such as grants and donations, instead of or in combination with raising court fees or assessments.
(2) The administrator shall also conduct a study on the feasibility and desirability of requiring all persons who act as guardians ad litem under Titles 11, 13, and 26 RCW to be certified as qualified guardians ad litem prior to their eligibility for appointment.
(3) In conducting the review and study the administrator shall consult with: (a) The presidents or directors of all public benefit nonprofit corporations that are eligible to receive state funds under RCW 43.330.135; (b) the attorney general, or a designee; (c) the secretary of the department of social and health services, or a designee; (d) the superior court judges association; (e) the Washington state bar association; (f) public defenders who represent children under Title 13 or 26 RCW; (g) private attorneys who represent parents under Title 13 or 26 RCW; (h) professionals who evaluate families for the purposes of determining the custody or placement decisions of children; (i) the office of financial management; (j) persons who act as volunteer or compensated guardians ad litem; and (k) parents who have dealt with guardians ad litem in court cases. For the purposes of studying the feasibility of a certification requirement for guardians ad litem acting under Title 11 RCW the administrator shall consult with the advisory group formed under RCW 11.88.090.
(4) The office of the administrator for the courts shall also conduct a review of problems and concerns about the role of guardians ad litem in actions under Titles 11, 13, and 26 RCW and recommend alternatives to strengthen judicial oversight of guardians ad litem and ensure fairness and impartiality of the process. The office of the administrator for the courts must accept and obtain comments from parties designated in subsection (3) of this section.
NEW SECTION. Sec. 4. The review and study required under section 3 of this act shall be presented to the governor and to the legislature no later than December 1, 1996.
Sec. 5. RCW 4.08.060 and 1899 c 91 s 1 are each amended to read as follows:
When an ((insane)) incapacitated person is a party to an action in the superior courts he or she shall appear by guardian, or if he or she has no guardian, or in the opinion of the court the guardian is an improper person, the court shall appoint one to act as guardian ad litem. Said guardian shall be appointed as follows:
(1) When the ((insane)) incapacitated person is plaintiff, upon the application of a relative or friend of the ((insane)) incapacitated person.
(2) When the ((insane)) incapacitated person is defendant, upon the application of a relative or friend of such ((insane)) incapacitated person, such application shall be made within thirty days after the service of summons if served in the state of Washington, and if served out of the state or service is made by publication, then such application shall be made within sixty days after the first publication of summons or within sixty days after the service out of the state. If no such application be made within the time above limited, application may be made by any party to the action.
Sec. 6. RCW 8.25.270 and 1977 ex.s. c 80 s 12 are each amended to read as follows:
When it ((shall)) appears in any petition or otherwise at any time during the proceedings for condemnation brought pursuant to chapters 8.04, 8.08, 8.12, 8.16, 8.20, and 8.24 RCW((, each as now or hereafter amended,)) that any ((infant)) minor, or ((allegedly incompetent or disabled)) alleged incapacitated person is interested in any property that is to be taken or damaged, the court shall appoint a guardian ad litem for ((such infant)) the minor or ((allegedly incompetent or disabled)) alleged incapacitated person to appear and assist in ((his, her or their)) the person's defense, unless a guardian or limited guardian has previously been appointed, in which case the duty to appear and assist shall be delegated to the properly qualified guardian or limited guardian. The court shall make such orders or decrees as it shall deem necessary to protect and secure the interest of the ((infant)) minor or ((allegedly incompetent or disabled)) alleged incapacitated person ((in the property sought to be condemned or the compensation which shall be awarded therefore)).
Sec. 7. RCW 11.16.083 and 1977 ex.s. c 234 s 1 are each amended to read as follows:
Notwithstanding any other provision of this title, no notice of any hearing in probate or probate proceeding need be given to any legally competent person who is interested in any hearing in any probate as an heir, legatee, or devisee of the decedent who has in person or by attorney waived in writing notice of such hearing or proceeding. Such waiver of notice may apply to either a specific hearing or proceeding, or to any and all hearings and proceedings to be held during the administration of the estate in which event such waiver of notice shall be of continuing effect unless subsequently revoked by the filing of a written notice of revocation of the waiver and the mailing of a copy thereof to the personal representative and his or her attorney. Unless notice of a hearing is required to be given by publication, if all persons entitled to notice thereof shall have waived such notice, the court may hear the matter forthwith. A guardian of the estate or a guardian ad litem may make such waivers on behalf of ((his incompetent)) an incapacitated person, as defined in RCW 11.88.010, and a trustee may make such waivers on behalf of any competent or ((incompetent)) incapacitated beneficiary of his or her trust. A consul or other representative of a foreign government, whose appearance has been entered as provided by law on behalf of any person residing in a foreign country, may make such waiver of notice on behalf of such person. Any person who submits to the jurisdiction of the court in any hearing shall be deemed to have waived notice thereof.
Sec. 8. RCW 11.88.030 and 1995 c 297 s 1 are each amended to read as follows:
(1) Any person or entity may petition for the appointment of a qualified person, trust company, national bank, or nonprofit corporation authorized in RCW 11.88.020 ((as now or hereafter amended)) as the guardian or limited guardian of an incapacitated person. No liability for filing a petition for guardianship or limited guardianship shall attach to a petitioner acting in good faith and upon reasonable basis. A petition for guardianship or limited guardianship shall state:
(a) The name, age, residence, and post office address of the alleged incapacitated person;
(b) The nature of the alleged incapacity in accordance with RCW 11.88.010;
(c) The approximate value and description of property, including any compensation, pension, insurance, or allowance, to which the alleged incapacitated person may be entitled;
(d) Whether there is, in any state, a guardian or limited guardian, or pending guardianship action for the person or estate of the alleged incapacitated person;
(e) The residence and post office address of the person whom petitioner asks to be appointed guardian or limited guardian;
(f) The names and addresses, and nature of the relationship, so far as known or can be reasonably ascertained, of the persons most closely related by blood or marriage to the alleged incapacitated person;
(g) The name and address of the person or facility having the care and custody of the alleged incapacitated person;
(h) The reason why the appointment of a guardian or limited guardian is sought and the interest of the petitioner in the appointment, and whether the appointment is sought as guardian or limited guardian of the person, the estate, or both((, and why no alternative to guardianship is appropriate));
(i) A description of any alternate arrangements previously made by the alleged incapacitated person, such as trusts or powers of attorney, including identifying any guardianship nominations contained in a power of attorney, and why a guardianship is nevertheless necessary;
(j) The nature and degree of the alleged incapacity and the specific areas of protection and assistance requested and the limitation of rights requested to be included in the court's order of appointment;
(((j))) (k) The requested term of the limited guardianship to be included in the court's order of appointment;
(((k))) (l) Whether the petitioner is proposing a specific individual to act as guardian ad litem and, if so, the individual's knowledge of or relationship to any of the parties, and why the individual is proposed.
(2)(a) The attorney general may petition for the appointment of a guardian or limited guardian in any case in which there is cause to believe that a guardianship is necessary and no private party is able and willing to petition.
(b) Prepayment of a filing fee shall not be required in any guardianship or limited guardianship brought by the attorney general. Payment of the filing fee shall be ordered from the estate of the incapacitated person at the hearing on the merits of the petition, unless in the judgment of the court, such payment would impose a hardship upon the incapacitated person, in which case the filing shall be waived.
(3) No filing fee shall be charged by the court for filing either a petition for guardianship or a petition for limited guardianship if the petition alleges that the alleged incapacitated person has total assets of a value of less than three thousand dollars.
(4)(a) Notice that a guardianship proceeding has been commenced shall be personally served upon the alleged incapacitated person and the guardian ad litem along with a copy of the petition for appointment of a guardian. Such notice shall be served not more than five court days after the petition has been filed.
(b) Notice under this subsection shall include a clear and easily readable statement of the legal rights of the alleged incapacitated person that could be restricted or transferred to a guardian by a guardianship order as well as the right to counsel of choice and to a jury trial on the issue of incapacity. Such notice shall be in substantially the following form and shall be in capital letters, double-spaced, and in a type size not smaller than ten-point type:
IMPORTANT NOTICE
PLEASE READ CAREFULLY
A PETITION TO HAVE A GUARDIAN APPOINTED FOR YOU HAS BEEN FILED IN THE . . . . . . COUNTY SUPERIOR COURT BY . . . . . . IF A GUARDIAN IS APPOINTED, YOU COULD LOSE ONE OR MORE OF THE FOLLOWING RIGHTS:
(1) TO MARRY OR DIVORCE;
(2) TO VOTE OR HOLD AN ELECTED OFFICE;
(3) TO ENTER INTO A CONTRACT OR MAKE OR REVOKE A WILL;
(4) TO APPOINT SOMEONE TO ACT ON YOUR BEHALF;
(5) TO SUE AND BE SUED OTHER THAN THROUGH A GUARDIAN;
(6) TO POSSESS A LICENSE TO DRIVE;
(7) TO BUY, SELL, OWN, MORTGAGE, OR LEASE PROPERTY;
(8) TO CONSENT TO OR REFUSE MEDICAL TREATMENT;
(9) TO DECIDE WHO SHALL PROVIDE CARE AND ASSISTANCE;
(10) TO MAKE DECISIONS REGARDING SOCIAL ASPECTS OF YOUR LIFE.
UNDER THE LAW, YOU HAVE CERTAIN RIGHTS.
YOU HAVE THE RIGHT TO BE REPRESENTED BY A LAWYER OF YOUR OWN CHOOSING. THE COURT WILL APPOINT A LAWYER TO REPRESENT YOU IF YOU ARE UNABLE TO PAY OR PAYMENT WOULD RESULT IN A SUBSTANTIAL HARDSHIP TO YOU.
YOU HAVE THE RIGHT TO ASK FOR A JURY TO DECIDE WHETHER OR NOT YOU NEED A GUARDIAN TO HELP YOU.
YOU HAVE THE RIGHT TO BE PRESENT IN COURT AND TESTIFY WHEN THE HEARING IS HELD TO DECIDE WHETHER OR NOT YOU NEED A GUARDIAN. IF A GUARDIAN AD LITEM IS APPOINTED, YOU HAVE THE RIGHT TO REQUEST THE COURT TO REPLACE THAT PERSON.
(5) All petitions filed under the provisions of this section shall be heard within sixty days unless an extension of time is requested by a party or the guardian ad litem within such sixty day period and granted for good cause shown. If an extension is granted, the court shall set a new hearing date.
Sec. 9. RCW 11.88.045 and 1995 c 297 s 3 are each amended to read as follows:
(1)(a) Alleged incapacitated individuals shall have the right to be represented by willing counsel of their choosing at any stage in guardianship proceedings. The court shall provide counsel to represent any alleged incapacitated person at public expense when either: (i) The individual is unable to afford counsel, or (ii) the expense of counsel would result in substantial hardship to the individual, or (iii) the individual does not have practical access to funds with which to pay counsel. If the individual can afford counsel but lacks practical access to funds, the court shall provide counsel and may impose a reimbursement requirement as part of a final order. When, in the opinion of the court, the rights and interests of an alleged or adjudicated incapacitated person cannot otherwise be adequately protected and represented, the court on its own motion shall appoint an attorney at any time to represent such person. Counsel shall be provided as soon as practicable after a petition is filed and long enough before any final hearing to allow adequate time for consultation and preparation. Absent a convincing showing in the record to the contrary, a period of less than three weeks shall be presumed by a reviewing court to be inadequate time for consultation and preparation.
(b) Counsel for an alleged incapacitated individual shall act as an advocate for the client and shall not substitute counsel's own judgment for that of the client on the subject of what may be in the client's best interests. Counsel's role shall be distinct from that of the guardian ad litem, who is expected to promote the best interest of the alleged incapacitated individual, rather than the alleged incapacitated individual's expressed preferences.
(c) If an alleged incapacitated person is represented by counsel and does not communicate with counsel, counsel may ask the court for leave to withdraw for that reason. If satisfied, after affording the alleged incapacitated person an opportunity for a hearing, that the request is justified, the court may grant the request and allow the case to proceed with the alleged incapacitated person unrepresented.
(2) During the pendency of any guardianship, any attorney purporting to represent a person alleged or adjudicated to be incapacitated shall petition to be appointed to represent the incapacitated or alleged incapacitated person. Fees for representation described in this section shall be subject to approval by the court pursuant to the provisions of RCW 11.92.180.
(3) The alleged incapacitated person is further entitled to testify and present evidence and, upon request, entitled to a jury trial on the issues of his or her alleged incapacity. The standard of proof to be applied in a contested case, whether before a jury or the court, shall be that of clear, cogent, and convincing evidence.
(4) In all proceedings for appointment of a guardian or limited guardian, the court must be presented with a written report from a physician licensed to practice under chapter 18.71 or 18.57 RCW or licensed or certified psychologist selected by the guardian ad litem. If the alleged incapacitated person opposes the health care professional selected by the guardian ad litem to prepare the medical report, then the guardian ad litem shall use the health care professional selected by the alleged incapacitated person. The guardian ad litem may also obtain a supplemental examination. The physician or psychologist shall have personally examined and interviewed the alleged incapacitated person within thirty days of preparation of the report to the court and shall have expertise in the type of disorder or incapacity the alleged incapacitated person is believed to have. The report shall contain the following information and shall be set forth in substantially the following format:
(a) The name and address of the examining physician or psychologist;
(b) The education and experience of the physician or psychologist pertinent to the case;
(c) The dates of examinations of the alleged incapacitated person;
(d) A summary of the relevant medical, functional, neurological, psychological, or psychiatric history of the alleged incapacitated person as known to the examining physician or psychologist;
(e) The findings of the examining physician or psychologist as to the condition of the alleged incapacitated person;
(f) Current medications;
(g) The effect of current medications on the alleged incapacitated person's ability to understand or participate in guardianship proceedings;
(h) Opinions on the specific assistance the alleged incapacitated person needs;
(i) Identification of persons with whom the physician or psychologist has met or spoken regarding the alleged incapacitated person.
The court shall not enter an order appointing a guardian or limited guardian until a medical or psychological report meeting the above requirements is filed.
The requirement of filing a medical report is waived if the basis of the guardianship is minority.
(5) During the pendency of an action to establish a guardianship, a petitioner or any person may move for temporary relief under chapter 7.40 RCW, to protect the alleged incapacitated person from abuse, neglect, abandonment, or exploitation, as those terms are defined in RCW 74.34.020, or to address any other emergency needs of the alleged incapacitated person. Any alternative arrangement executed before filing the petition for guardianship shall remain effective unless the court grants the relief requested under chapter 7.40 RCW, or unless, following notice and a hearing at which all parties directly affected by the arrangement are present, the court finds that the alternative arrangement should not remain effective.
Sec. 10. RCW 11.88.090 and 1995 c 297 s 4 are each amended to read as follows:
(1) Nothing contained in RCW 11.88.080 through 11.88.120, 11.92.010 through 11.92.040, 11.92.060 through 11.92.120, 11.92.170, and 11.92.180((, as now or hereafter amended,)) shall affect or impair the power of any court to appoint a guardian ad litem to defend the interests of any incapacitated person interested in any suit or matter pending therein, or to commence and prosecute any suit in his or her behalf.
(2) Upon receipt of a petition for appointment of guardian or limited guardian, except as provided herein, the court shall appoint a guardian ad litem to represent the best interests of the alleged incapacitated person, who shall be a person found or known by the court to:
(a) Be free of influence from anyone interested in the result of the proceeding; and
(b) Have the requisite knowledge, training, or expertise to perform the duties required by this section.
The guardian ad litem shall within five days of receipt of notice of appointment file with the court and serve, either personally or by certified mail with return receipt, each party with a statement including: His or her training relating to the duties as a guardian ad litem; his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment; his or her hourly rate, if compensated; whether the guardian ad litem has had any contact with a party to the proceeding prior to his or her appointment; and whether he or she has an apparent conflict of interest. Within three days of the later of the actual service or filing of the guardian ad litem's statement, any party may set a hearing and file and serve a motion for an order to show cause why the guardian ad litem should not be removed for one of the following three reasons: (i) Lack of expertise necessary for the proceeding; (ii) an hourly rate higher than what is reasonable for the particular proceeding; or (iii) a conflict of interest. Notice of the hearing shall be provided to the guardian ad litem and all parties. If, after a hearing, the court enters an order replacing the guardian ad litem, findings shall be included, expressly stating the reasons for the removal. If the guardian ad litem is not removed, the court has the authority to assess to the moving party, attorneys' fees and costs related to the motion. The court shall assess attorneys' fees and costs for frivolous motions.
No guardian ad litem need be appointed when a parent is petitioning for a guardian or a limited guardian to be appointed for his or her minor child and the minority of the child, as defined by RCW 11.92.010, is the sole basis of the petition. The order appointing the guardian ad litem shall recite the duties set forth in subsection (((5))) (4) of this section. The appointment of a guardian ad litem shall have no effect on the legal competency of the alleged incapacitated person and shall not overcome the presumption of competency or full legal and civil rights of the alleged incapacitated person.
(3)(a) The superior court of each county shall develop ((by September 1, 1991,)) and maintain a registry of persons who are willing and qualified to serve as guardians ad litem in guardianship matters. The court shall choose as guardian((s)) ad litem ((only)) a person((s)) whose name((s)) appears on the registry in a system of consistent rotation, except in extraordinary circumstances such as the need for particular expertise. The court shall develop procedures for periodic review of the persons on the registry and for probation, suspension, or removal of persons on the registry for failure to perform properly their duties as guardian ad litem. In the event the court does not select the person next on the list, it shall include in the order of appointment a written reason for its decision.
(b) To be eligible for the registry a person shall:
(i) Present a written statement ((of)) outlining his or her background and qualifications ((describing)). The background statement shall include, but is not limited to, the following information:
(A) Level of formal education;
(B) Training related to the guardian ad litem's duties;
(C) Number of years' experience as a guardian ad litem;
(D) Number of appointments as a guardian ad litem and the county or counties of appointment;
(E) Criminal history, as defined in RCW 9.94A.030; and
(F) Evidence of the person's knowledge, training, and experience in each of the following: Needs of impaired elderly people, physical disabilities, mental illness, developmental disabilities, and other areas relevant to the needs of incapacitated persons, legal procedure, and the requirements of chapters 11.88 and 11.92 RCW.
The written statement of qualifications shall include a statement of the number of times the guardian ad litem has been removed for failure to perform his or her duties as guardian ad litem; and
(ii) Complete ((a training program adopted by the court, or, in the absence of a locally adopted program, a candidate for inclusion upon the registry shall have completed a)) the model training program as described in (d) of this subsection.
(c) ((The superior court of each county shall approve training programs designed to:
(i) Train otherwise qualified human service professionals in those aspects of legal procedure and the requirements of chapters 11.88 and 11.92 RCW with which a guardian ad litem should be familiar;
(ii) Train otherwise qualified legal professionals in those aspects of medicine, social welfare, and social service delivery systems with which a guardian ad litem should be familiar.)) The background and qualification information shall be updated annually.
(d) ((The superior court of each county may approve a guardian ad litem training program on or before June 1, 1991.)) The department of social and health services((, aging and adult services administration,)) shall convene an advisory group to develop a model guardian ad litem training program and shall update the program biennially. The advisory group shall consist of representatives from consumer, advocacy, and professional groups knowledgeable in developmental disabilities, neurological impairment, physical disabilities, mental illness, aging, legal, court administration, the Washington state bar association, and other interested parties.
(e) ((Any)) The superior court ((that has not adopted a guardian ad litem training program by September 1, 1991,)) shall require utilization of ((a)) the model program developed by the advisory group as described in (d) of this subsection, to assure that candidates applying for registration as a qualified guardian ad litem shall have satisfactorily completed training to attain these essential minimum qualifications to act as guardian ad litem.
(4) ((The guardian ad litem's written statement of qualifications required by RCW 11.88.090(3)(b)(i) shall be made part of the record in each matter in which the person is appointed guardian ad litem.
(5))) The guardian ad litem appointed pursuant to this section shall have the following duties:
(a) To meet and consult with the alleged incapacitated person as soon as practicable following appointment and explain, in language which such person can reasonably be expected to understand, the substance of the petition, the nature of the resultant proceedings, the person's right to contest the petition, the identification of the proposed guardian or limited guardian, the right to a jury trial on the issue of his or her alleged incapacity, the right to independent legal counsel as provided by RCW 11.88.045, and the right to be present in court at the hearing on the petition;
(b) To obtain a written report according to RCW 11.88.045; and such other written or oral reports from other qualified professionals as are necessary to permit the guardian ad litem to complete the report required by this section;
(c) To meet with the person whose appointment is sought as guardian or limited guardian and ascertain:
(i) The proposed guardian's knowledge of the duties, requirements, and limitations of a guardian; and
(ii) The steps the proposed guardian intends to take or has taken to identify and meet the needs of the alleged incapacitated person;
(d) To consult as necessary to complete the investigation and report required by this section with those known relatives, friends, or other persons the guardian ad litem determines have had a significant, continuing interest in the welfare of the alleged incapacitated person;
(e) To investigate alternate arrangements made, or which might be created, by or on behalf of the alleged incapacitated person, such as revocable or irrevocable trusts, or durable powers of attorney; whether good cause exists for any such arrangements to be discontinued; and why such arrangements should not be continued or created in lieu of a guardianship;
(f) To provide the court with a written report which shall include the following:
(i) A description of the nature, cause, and degree of incapacity, and the basis upon which this judgment was made;
(ii) A description of the needs of the incapacitated person for care and treatment, the probable residential requirements of the alleged incapacitated person and the basis upon which these findings were made;
(iii) An evaluation of the appropriateness of the guardian or limited guardian whose appointment is sought and a description of the steps the proposed guardian has taken or intends to take to identify and meet current and emerging needs of the incapacitated person;
(iv) A description of any alternative arrangements previously made by the alleged incapacitated person or which could be made, and whether and to what extent such alternatives should be used in lieu of a guardianship, and if the guardian ad litem is recommending discontinuation of any such arrangements, specific findings as to why such arrangements are contrary to the best interest of the alleged incapacitated person;
(v) A description of the abilities of the alleged incapacitated person and a recommendation as to whether a guardian or limited guardian should be appointed. If appointment of a limited guardian is recommended, the guardian ad litem shall recommend the specific areas of authority the limited guardian should have and the limitations and disabilities to be placed on the incapacitated person;
(((v))) (vi) An evaluation of the person's mental ability to rationally exercise the right to vote and the basis upon which the evaluation is made;
(((vi))) (vii) Any expression of approval or disapproval made by the alleged incapacitated person concerning the proposed guardian or limited guardian or guardianship or limited guardianship;
(((vii))) (viii) Identification of persons with significant interest in the welfare of the alleged incapacitated person who should be advised of their right to request special notice of proceedings pursuant to RCW 11.92.150; and
(((viii))) (ix) Unless independent counsel has appeared for the alleged incapacitated person, an explanation of how the alleged incapacitated person responded to the advice of the right to jury trial, to independent counsel and to be present at the hearing on the petition.
Within forty-five days after notice of commencement of the guardianship proceeding has been served upon the guardian ad litem, and at least ((ten)) fifteen days before the hearing on the petition, unless an extension or reduction of time has been granted by the court for good cause, the guardian ad litem shall file its report and send a copy to the alleged incapacitated person and his or her counsel, spouse, all children not residing with a notified person, those persons described in (((e)(vii))) (f)(viii) of this subsection, and persons who have filed a request for special notice pursuant to RCW 11.92.150. If the guardian ad litem needs additional time to finalize his or her report, then the guardian ad litem shall petition the court for a postponement of the hearing or, with the consent of all other parties, an extension or reduction of time for filing the report. If the hearing does not occur within sixty days of filing the petition, then upon the two-month anniversary of filing the petition and on or before the same day of each following month until the hearing, the guardian ad litem shall file interim reports summarizing his or her activities on the proceeding during that time period as well as fees and costs incurred;
(((f))) (g) To advise the court of the need for appointment of counsel for the alleged incapacitated person within five court days after the meeting described in (a) of this subsection unless (i) counsel has appeared, (ii) the alleged incapacitated person affirmatively communicated a wish not to be represented by counsel after being advised of the right to representation and of the conditions under which court-provided counsel may be available, or (iii) the alleged incapacitated person was unable to communicate at all on the subject, and the guardian ad litem is satisfied that the alleged incapacitated person does not affirmatively desire to be represented by counsel.
(((6))) (5) If the petition is brought by an interested person or entity requesting the appointment of some other qualified person or entity and a prospective guardian or limited guardian cannot be found, the court shall order the guardian ad litem to investigate the availability of a possible guardian or limited guardian and to include the findings in a report to the court pursuant to ((RCW 11.88.090(5)(e) as now or hereafter amended)) subsection (4)(f) of this section.
(6) The parties to the proceeding may file responses to the guardian ad litem report with the court and deliver such responses to the other parties and the guardian ad litem at any time up to the second day prior to the hearing. If a guardian ad litem fails to file his or her report in a timely manner, the hearing shall be continued to give the court and the parties at least fifteen days before the hearing to review the report. At any time during the proceeding upon motion of any party or on the court's own motion, the court may remove the guardian ad litem for failure to perform his or her duties as specified in this chapter, provided that the guardian ad litem shall have five days notice of any motion to remove before the court enters such order. In addition, the court in its discretion may reduce a guardian ad litem's fee for failure to carry out his or her duties.
(7) The court appointed guardian ad litem shall have the authority, in the event that the alleged incapacitated person is in need of emergency life-saving medical services, and is unable to consent to such medical services due to incapacity pending the hearing on the petition to give consent for such emergency life-saving medical services on behalf of the alleged incapacitated person.
(8) The court appointed guardian ad litem shall have the authority, to move for temporary relief under chapter 7.40 RCW to protect the alleged incapacitated person from abuse, neglect, abandonment, or exploitation, as those terms are defined in RCW 74.34.020, or to address any other emergency needs of the alleged incapacitated person. Any alternative arrangement executed before filing the petition for guardianship shall remain effective unless the court grants the relief requested under chapter 7.40 RCW, or unless, following notice and a hearing at which all parties directly affected by the arrangement are present, the court finds that the alternative arrangement should not remain effective.
(9) The guardian ad litem shall receive a fee determined by the court. The fee shall be charged to the alleged incapacitated person unless the court finds that such payment would result in substantial hardship upon such person, in which case the county shall be responsible for such costs: PROVIDED, That if no guardian or limited guardian is appointed the court may charge such fee to the petitioner or the alleged incapacitated person, or divide the fee, as it deems just; and if the petition is found to be frivolous or not brought in good faith, the guardian ad litem fee shall be charged to the petitioner. The court shall not be required to provide for the payment of a fee to any salaried employee of a public agency.
(((9))) (10) Upon the presentation of the guardian ad litem report and the entry of an order either dismissing the petition for appointment of guardian or limited guardian or appointing a guardian or limited guardian, the guardian ad litem shall be dismissed and shall have no further duties or obligations unless otherwise ordered by the court. If the court orders the guardian ad litem to perform further duties or obligations, they shall not be performed at county expense.
(11) The guardian ad litem shall appear in person at all hearings on the petition unless all parties provide a written waiver of the requirement to appear.
(12) At any hearing the court may consider whether any person who makes decisions regarding the alleged incapacitated person or estate has breached a statutory or fiduciary duty.
Sec. 11. RCW 11.92.190 and 1977 ex.s. c 309 s 14 are each amended to read as follows:
No residential treatment facility which provides nursing or other care may detain a person within such facility against their will. Any court order, other than an order issued in accordance with the involuntary treatment provisions of chapters 10.77, 71.05, and 72.23 RCW, which purports to authorize such involuntary detention or purports to authorize a guardian or limited guardian to consent to such involuntary detention on behalf of an ((incompetent or disabled)) incapacitated person shall be void and of no force or effect. This section does not apply to the detention of a minor as provided in chapter 70.96A or 71.34 RCW.
Nothing in this section shall be construed to require a court order authorizing placement of an ((incompetent or disabled)) incapacitated person in a residential treatment facility if such order is not otherwise required by law: PROVIDED, That notice of any residential placement of an ((incompetent or disabled)) incapacitated person shall be served, either before or after placement, by the guardian or limited guardian on such person, the guardian ad litem of record, and any attorney of record.
NEW SECTION. Sec. 12. A new section is added to chapter 2.08 RCW to read as follows:
An attorney may not serve as a superior court judge pro tempore or a superior court commissioner pro tempore in a judicial district while appointed to or serving on a case in that judicial district as a guardian ad litem for compensation under Title 11, 13, or 26 RCW, if that judicial district is contained within division one or two of the court of appeals and has a population of more than one hundred thousand.
Sec. 13. RCW 13.34.100 and 1994 c 110 s 2 are each amended to read as follows:
(1) The court shall appoint a guardian ad litem for a child who is the subject of an action under this chapter, unless a court for good cause finds the appointment unnecessary. The requirement of a guardian ad litem may be deemed satisfied if the child is represented by independent counsel in the proceedings.
(2) If the court does not have available to it a guardian ad litem program with a sufficient number of volunteers, the court may appoint a suitable person to act as guardian ad litem for the child under this chapter. Another party to the proceeding or the party's employee or representative shall not be so appointed.
(3) Each guardian ad litem program shall maintain a background information record for each guardian ad litem in the program. The background file shall include, but is not limited to, the following information:
(a) Level of formal education;
(b) Training related to the guardian's duties;
(c) Number of years' experience as a guardian ad litem;
(d) Number of appointments as a guardian ad litem and the county or counties of appointment; and
(e) Criminal history, as defined in RCW 9.94A.030.
The background information report shall be updated annually. As a condition of appointment, the guardian ad litem's background information record shall be made available to the court. If the appointed guardian ad litem is not a member of a guardian ad litem program the person shall provide the background information to the court.
Upon appointment, the guardian ad litem, or guardian ad litem program, shall provide the parties or their attorneys with a statement containing his or her training relating to the duties as a guardian ad litem and criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment. The background statement shall not include identifying information that may be used to harm a guardian ad litem, such as home addresses and home telephone numbers, and for volunteer guardians ad litem the court may allow the use of maiden names or pseudonyms as necessary for their safety.
(4) The appointment of the guardian ad litem shall remain in effect until the court discharges the appointment or no longer has jurisdiction, whichever comes first. The guardian ad litem may also be discharged upon entry of an order of guardianship.
(5) A guardian ad litem through counsel, or as otherwise authorized by the court, shall have the right to present evidence, examine and cross-examine witnesses, and to be present at all hearings. A guardian ad litem shall receive copies of all pleadings and other documents filed or submitted to the court, and notice of all hearings according to court rules. The guardian ad litem shall receive all notice contemplated for a parent or other party in all proceedings under this chapter.
(6) If the child requests legal counsel and is age twelve or older, or if the guardian ad litem or the court determines that the child needs to be independently represented by counsel, the court may appoint an attorney to represent the child's position.
(7) For the purposes of child abuse prevention and treatment act (42 U.S.C. Secs. 5101 et seq.) grants to this state under P.L. 93-247, or any related state or federal legislation, a person appointed pursuant to RCW 13.34.100 shall be deemed a guardian ad litem to represent the best interests of the minor in proceedings before the court.
(8) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program shall give the court the name of the person it recommends and the appointment shall be effective immediately. The court shall appoint the person recommended by the program. If a party in a case reasonably believes the court-appointed special advocate or volunteer is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must complete the review within five judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate on the grounds the advocate or volunteer is inappropriate or unqualified.
Sec. 14. RCW 13.34.120 and 1994 c 288 s 2 are each amended to read as follows:
(1) To aid the court in its decision on disposition, a social study, consisting of a written evaluation of matters relevant to the disposition of the case, shall be made by the person or agency filing the petition. The study shall include all social records and may also include facts relating to the child's cultural heritage, and shall be made available to the court. The court shall consider the social file, social study, guardian ad litem report, the court-appointed special advocate's report, if any, and any reports filed by a party at the disposition hearing in addition to evidence produced at the fact-finding hearing. At least ten working days before the disposition hearing, the department shall mail to the parent and his or her attorney a copy of the agency's social study and proposed service plan, which shall be in writing or in a form understandable to the parents or custodians. In addition, the department shall provide an opportunity for parents to review and comment on the plan at the community service office. If the parents disagree with the agency's plan or any part thereof, the parents shall submit to the court at least twenty-four hours before the hearing, in writing, or signed oral statement, an alternative plan to correct the problems which led to the finding of dependency. This section shall not interfere with the right of the parents or custodians to submit oral arguments regarding the disposition plan at the hearing.
(2) In addition to the requirements set forth in subsection (1) of this section, a predisposition study to the court in cases of dependency alleged pursuant to RCW ((13.34.030(2))) 13.34.030(4) (b) or (c) shall contain the following information:
(a) A statement of the specific harm or harms to the child that intervention is designed to alleviate;
(b) A description of the specific programs, for both the parents and child, that are needed in order to prevent serious harm to the child; the reasons why such programs are likely to be useful; the availability of any proposed services; and the agency's overall plan for ensuring that the services will be delivered;
(c) If removal is recommended, a full description of the reasons why the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and the child in the home; the in-home treatment programs which have been considered and rejected; the preventive services that have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home; and the parents' attitude toward placement of the child;
(d) A statement of the likely harms the child will suffer as a result of removal. This section should include an exploration of the nature of the parent-child attachment and the meaning of separation and loss to both the parents and the child;
(e) A description of the steps that will be taken to minimize harm to the child that may result if separation occurs; and
(f) Behavior that will be expected before determination that supervision of the family or placement is no longer necessary.
Sec. 15. RCW 26.12.175 and 1993 c 289 s 4 are each amended to read as follows:
(1)(a) The court may appoint a guardian ad litem to represent the interests of a minor or dependent child when the court believes the appointment of a guardian ad litem is necessary to protect the best interests of the child in any proceeding under this chapter. The family court services professionals may also make a recommendation to the court regarding whether a guardian ad litem should be appointed for the child. The court may appoint a guardian ad litem from the court-appointed special advocate program, if that program exists in the county.
(b) Unless otherwise ordered, the guardian ad litem's role is to investigate and report to the court concerning parenting arrangements for the child, and to represent the child's best interests. The court may require the guardian ad litem to provide periodic reports to the parties regarding the status of his or her investigation. The guardian ad litem shall file his or her report at least sixty days prior to trial.
(c) The court shall enter an order for costs, fees, and disbursements to cover the costs of the guardian ad litem. The court may order either or both parents to pay for the costs of the guardian ad litem, according to their ability to pay. If both parents are indigent, the county shall bear the cost of the guardian, subject to appropriation for guardians' ad litem services by the county legislative authority. Guardians ad litem who are not volunteers shall provide the parties with an itemized accounting of their time and billing for services each month.
(2)(a) If the guardian ad litem appointed is from the county court-appointed special advocate program, the program shall supervise any guardian ad litem assigned to the case. The court-appointed special advocate program shall be entitled to notice of all proceedings in the case.
(b) The legislative authority of each county may authorize creation of a court-appointed special advocate program. The county legislative authority may adopt rules of eligibility for court-appointed special advocate program services.
(3) Each guardian ad litem program shall maintain a background information record for each guardian ad litem in the program. The background file shall include, but is not limited to, the following information:
(a) Level of formal education;
(b) Training related to the guardian's duties;
(c) Number of years' experience as a guardian ad litem;
(d) Number of appointments as a guardian ad litem and county or counties of appointment; and
(e) Criminal history, as defined in RCW 9.94A.030.
The background information report shall be updated annually. As a condition of appointment, the guardian ad litem's background information record shall be made available to the court. If the appointed guardian ad litem is not a member of a guardian ad litem program the person shall provide the background information to the court.
Upon appointment, the guardian ad litem, or guardian ad litem program, shall provide the parties or their attorneys with a statement containing his or her training relating to the duties as a guardian ad litem and criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment. The background statement shall not include identifying information that may be used to harm a guardian ad litem, such as home addresses and home telephone numbers, and for volunteer guardians ad litem the court may allow the use of maiden names or pseudonyms as necessary for their safety.
(4) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program shall give the court the name of the person it recommends and the appointment shall be effective immediately. The court shall appoint the person recommended by the program. If a party in a case reasonably believes the court-appointed special advocate or volunteer is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must complete the review within five judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the court-appointed special advocate on the grounds the advocate or volunteer is inappropriate or unqualified.
Sec. 16. RCW 26.44.053 and 1994 c 110 s 1 are each amended to read as follows:
(1) In any judicial proceeding under this chapter or chapter 13.34 RCW in which it is alleged that a child has been subjected to child abuse or neglect, the court shall appoint a guardian ad litem for the child as provided in chapter 13.34 RCW. The requirement of a guardian ad litem may be deemed satisfied if the child is represented by counsel in the proceedings.
(2) At any time prior to or during a hearing in such a case, the court may, on its own motion, or the motion of the guardian ad litem, or other parties, order the examination by a physician, psychologist, or psychiatrist, of any parent or child or other person having custody of the child at the time of the alleged child abuse or neglect, if the court finds such an examination is necessary to the proper determination of the case. The hearing may be continued pending the completion of such examination. The physician, psychologist, or psychiatrist conducting such an examination may be required to testify concerning the results of such examination and may be asked to give his or her opinion as to whether the protection of the child requires that he or she not be returned to the custody of his or her parents or other persons having custody of him or her at the time of the alleged child abuse or neglect. Persons so testifying shall be subject to cross-examination as are other witnesses. No information given at any such examination of the parent or any other person having custody of the child may be used against such person in any subsequent criminal proceedings against such person or custodian concerning the abuse or neglect of the child.
(3) A parent or other person having legal custody of a child alleged to be abused or neglected shall be a party to any proceeding that may impair or impede such person's interest in and custody or control of the child.
NEW SECTION. Sec. 17. A new section is added to chapter 13.34 RCW to read as follows:
(1) All guardians ad litem, who have not previously served or been trained as a guardian ad litem in this state, who are appointed after January 1, 1998, must complete the curriculum developed by the office of the administrator for the courts under RCW 2.56.030(16), prior to their appointment in cases under Title 13 RCW except that volunteer guardians ad litem or court appointed special advocates accepted into a volunteer program after January 1, 1998, may complete an alternative curriculum approved by the office of the administrator for the courts that meets or exceeds the state-wide curriculum.
(2)(a) Each guardian ad litem program for compensated guardians ad litem shall establish a rotational registry system for the appointment of guardians ad litem. If a judicial district does not have a program the court shall establish the rotational registry system. Guardians ad litem shall be selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of a guardian ad litem from the registry.
(b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the registry and given to the parties along with the background information as specified in RCW 13.34.100(3), including their hourly rate for services. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the court shall make the appointment from the names on the list. In the event all three names are stricken the person whose name appears next on the registry shall be appointed.
(c) If a party reasonably believes that the appointed guardian ad litem lacks the necessary expertise for the proceeding, charges an hourly rate higher than what is reasonable for the particular proceeding, or has a conflict of interest, the party may, within three judicial days from the appointment, move for substitution of the appointed guardian ad litem by filing a motion with the court.
(3) The rotational registry system shall not apply to court-appointed special advocate programs.
NEW SECTION. Sec. 18. A new section is added to chapter 26.12 RCW to read as follows:
(1) All guardians ad litem, who have not previously served or been trained as a guardian ad litem in this state, who are appointed after January 1, 1998, must complete the curriculum developed by the office of the administrator for the courts under RCW 2.56.030(16), prior to their appointment in cases under Title 26 RCW except that volunteer guardians ad litem or court appointed special advocates accepted into a volunteer program after January 1, 1998, may complete an alternative curriculum approved by the office of the administrator for the courts that meets or exceeds the state-wide curriculum.
(2)(a) Each guardian ad litem program for compensated guardians ad litem shall establish a rotational registry system for the appointment of guardians ad litem. If a judicial district does not have a program the court shall establish the rotational registry system. Guardians ad litem shall be selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of a guardian ad litem from the registry.
(b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the registry and given to the parties along with the background information as specified in RCW 26.12.175(3), including their hourly rate for services. Each party may, within three judicial days, strike one name from the list. If more than one name remains on the list, the court shall make the appointment from the names on the list. In the event all three names are stricken the person whose name appears next on the registry shall be appointed.
(c) If a party reasonably believes that the appointed guardian ad litem lacks the necessary expertise for the proceeding, charges an hourly rate higher than what is reasonable for the particular proceeding, or has a conflict of interest, the party may, within three judicial days from the appointment, move for substitution of the appointed guardian ad litem by filing a motion with the court.
(3) The rotational registry system shall not apply to court-appointed special advocate programs."
On page 1, line 2 of the title, after "persons;" strike the remainder of the title and insert "amending RCW 2.56.030, 4.08.060, 8.25.270, 11.16.083, 11.88.030, 11.88.045, 11.88.090, 11.92.190, 13.34.100, 13.34.120, 26.12.175, and 26.44.053; adding a new section to chapter 2.56 RCW; adding a new section to chapter 2.08 RCW; adding a new section to chapter 13.34 RCW; adding a new section to chapter 26.12 RCW; and creating new sections."
that the bill do pass as recommended by the Conference Committee.
Signed by Senators Hargrove, Long, Franklin; Representatives Sheahan, Lambert, Dellwo
There being no objection the House adopts the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6257 and pass the bill as recommended by the Conference Committee.
FINAL PASSAGE OF SENATE BILL
AS RECOMMENDED BY THE CONFERENCE COMMITTEE
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6257 as recommended by the Conference Committee.
Representatives Sheahan, Dellwo, Conway and Talcott spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6257, as recommended by the Conference Committee and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.
Engrossed Substitute Senate Bill No. 6257 as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
REPORT OF CONFERENCE COMMITTEE
Bill No: ESSB 6285 Date: March 6, 1996
Prepared by: Rick Neidhardt (7841) Includes "new item": YES
Mr. Speaker:
Mr. President:
We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 6285, providing for disclosure of offenders' HIV test results to department of corrections and jail staff, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the striking amendment by the Conference Committee (see attached S5844.2/96) be adopted, and
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that department of corrections staff and jail staff perform essential public functions that are vital to our communities. The health and safety of these workers is often placed in jeopardy while they perform the responsibilities of their jobs. Therefore, the legislature intends that the results of any HIV tests conducted on an offender or detainee pursuant to RCW 70.24.340, 70.24.360, or 70.24.370 shall be disclosed to the superintendent or administrator of the department of corrections facility or local jail housing the offender or detainee, and shall also be disclosed to any corrections staff or jail staff who have been substantially exposed to the bodily fluids of the offender or detainee. However, the legislature recognizes that the mandatory disclosure of the HIV status of individual offenders may cause some corrections and jail staff to use more precautions with those offenders and detained people they know to be HIV positive. The legislature also recognizes the risk exists that some corrections and jail staff may correspondingly use fewer precautions with those offenders and detained people they are not informed are HIV positive. The legislature finds, however, that the system of universal precautions required under federal and state law in all settings where risk of occupational exposure to communicable diseases exists remains the most effective way to reduce the risk of communicable disease transmission. The legislature does not intend to discourage the use of universal precautions but to provide supplemental information for corrections and jail staff to utilize as part of their universal precautions with all offenders and detained people.
(2) The legislature further finds that, through the efforts of health care professionals and corrections staff, offenders in department of corrections facilities and people detained in local jails are being encouraged to take responsibility for their health by requesting voluntary and anonymous pretest counseling, HIV testing, posttest counseling, and AIDS counseling. The legislature does not intend, through this act, to mandate disclosure of the results of voluntary and anonymous tests. The legislature intends to continue to protect the confidential exchange of medical information related to voluntary and anonymous pretest counseling, HIV testing, posttest counseling, and AIDS counseling as provided by chapter 70.24 RCW.
Sec. 2. RCW 70.24.105 and 1994 c 72 s 1 are each amended to read as follows:
(1) No person may disclose or be compelled to disclose the identity of any person who has investigated, considered, or requested a test or treatment for a sexually transmitted disease, except as authorized by this chapter.
(2) No person may disclose or be compelled to disclose the identity of any person upon whom an HIV antibody test is performed, or the results of such a test, nor may the result of a test for any other sexually transmitted disease when it is positive be disclosed. This protection against disclosure of test subject, diagnosis, or treatment also applies to any information relating to diagnosis of or treatment for HIV infection and for any other confirmed sexually transmitted disease. The following persons, however, may receive such information:
(a) The subject of the test or the subject's legal representative for health care decisions in accordance with RCW 7.70.065, with the exception of such a representative of a minor child over fourteen years of age and otherwise competent;
(b) Any person who secures a specific release of test results or information relating to HIV or confirmed diagnosis of or treatment for any other sexually transmitted disease executed by the subject or the subject's legal representative for health care decisions in accordance with RCW 7.70.065, with the exception of such a representative of a minor child over fourteen years of age and otherwise competent;
(c) The state public health officer, a local public health officer, or the centers for disease control of the United States public health service in accordance with reporting requirements for a diagnosed case of a sexually transmitted disease;
(d) A health facility or health care provider that procures, processes, distributes, or uses: (i) A human body part, tissue, or blood from a deceased person with respect to medical information regarding that person; (ii) semen, including that provided prior to March 23, 1988, for the purpose of artificial insemination; or (iii) blood specimens;
(e) Any state or local public health officer conducting an investigation pursuant to RCW 70.24.024, provided that such record was obtained by means of court ordered HIV testing pursuant to RCW 70.24.340 or 70.24.024;
(f) A person allowed access to the record by a court order granted after application showing good cause therefor. In assessing good cause, the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of the order, the court, in determining the extent to which any disclosure of all or any part of the record of any such test is necessary, shall impose appropriate safeguards against unauthorized disclosure. An order authorizing disclosure shall: (i) Limit disclosure to those parts of the patient's record deemed essential to fulfill the objective for which the order was granted; (ii) limit disclosure to those persons whose need for information is the basis for the order; and (iii) include any other appropriate measures to keep disclosure to a minimum for the protection of the patient, the physician-patient relationship, and the treatment services, including but not limited to the written statement set forth in subsection (5) of this section;
(g) Persons who, because of their behavioral interaction with the infected individual, have been placed at risk for acquisition of a sexually transmitted disease, as provided in RCW 70.24.022, if the health officer or authorized representative believes that the exposed person was unaware that a risk of disease exposure existed and that the disclosure of the identity of the infected person is necessary;
(h) A law enforcement officer, fire fighter, health care provider, health care facility staff person, or other persons as defined by the board in rule pursuant to RCW 70.24.340(4), who has requested a test of a person whose bodily fluids he or she has been substantially exposed to, pursuant to RCW 70.24.340(4), if a state or local public health officer performs the test;
(i) Claims management personnel employed by or associated with an insurer, health care service contractor, health maintenance organization, self-funded health plan, state-administered health care claims payer, or any other payer of health care claims where such disclosure is to be used solely for the prompt and accurate evaluation and payment of medical or related claims. Information released under this subsection shall be confidential and shall not be released or available to persons who are not involved in handling or determining medical claims payment; and
(j) A department of social and health services worker, a child placing agency worker, or a guardian ad litem who is responsible for making or reviewing placement or case-planning decisions or recommendations to the court regarding a child, who is less than fourteen years of age, has a sexually transmitted disease, and is in the custody of the department of social and health services or a licensed child placing agency; this information may also be received by a person responsible for providing residential care for such a child when the department of social and health services or a licensed child placing agency determines that it is necessary for the provision of child care services.
(3) No person to whom the results of a test for a sexually transmitted disease have been disclosed pursuant to subsection (2) of this section may disclose the test results to another person except as authorized by that subsection.
(4) The release of sexually transmitted disease information regarding an offender or detained person, except as provided in subsection (2)(e) of this section, shall be governed as follows:
(a) The sexually transmitted disease status of a department of corrections offender and the results of any tests conducted pursuant to RCW 70.24.340, 70.24.360, or 70.24.370 shall be made available by department of corrections health care providers and local public health officers to a department of corrections superintendent or administrator ((as necessary)). The information made available to superintendents and administrators under this subsection (4)(a) shall be utilized by a superintendent or administrator only as provided in section 3 of this act for disease prevention or control and for protection of the safety and security of the staff, offenders, and the public. The information may be submitted to transporting officers and receiving facilities, including facilities that are not under the department of ((correction's)) corrections' jurisdiction.
(b) The sexually transmitted disease status of a person detained in a jail and the results of any tests conducted pursuant to RCW 70.24.340, 70.24.360, or 70.24.370 shall be made available by the local public health officer to a jail administrator ((as necessary)). The information made available to administrators under this subsection (4)(b) shall be utilized only as provided in section 4 of this act for disease prevention or control and for protection of the safety and security of the staff, offenders, detainees, and the public. The information may be submitted to transporting officers and receiving facilities.
(c) Information regarding ((a department of corrections offender's)) the sexually transmitted disease status of an offender or detained person is confidential and may be disclosed by a correctional superintendent or administrator or local jail administrator only as necessary for disease prevention or control and for protection of the safety and security of the staff, offenders, and the public. Unauthorized disclosure of this information to any person may result in disciplinary action, in addition to the penalties prescribed in RCW 70.24.080 or any other penalties as may be prescribed by law.
(d) Notwithstanding the limitations on disclosure contained in (a), (b), and (c) of this subsection, whenever any member of jail staff or department of corrections staff has been substantially exposed to the bodily fluids of an offender or detained person, then the results of any tests conducted pursuant to RCW 70.24.340, 70.24.360, or 70.24.370 shall be immediately disclosed by the department of corrections health care provider and the local public health officer or the officer's designee to the correctional superintendent or administrator or local jail administrator. The superintendent or administrator is then required to immediately disclose these results to the staff member who was substantially exposed. Disclosure must be accompanied by appropriate counseling for the staff member, including information regarding follow-up testing.
(e) The receipt by any individual of any information disclosed pursuant to this subsection (4) shall be utilized only for disease prevention or control and for protection of the safety and security of the staff, offenders, detainees, and the public. Use of this information for any other purpose, including harassment or discrimination, may result in disciplinary action, in addition to the penalties prescribed in RCW 70.24.080 or any other penalties as may be prescribed by law.
(5) Whenever disclosure is made pursuant to this section, except for subsections (2)(a) and (6) of this section, it shall be accompanied by a statement in writing which includes the following or substantially similar language: "This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of it without the specific written consent of the person to whom it pertains, or as otherwise permitted by state law. A general authorization for the release of medical or other information is NOT sufficient for this purpose." An oral disclosure shall be accompanied or followed by such a notice within ten days.
(6) The requirements of this section shall not apply to the customary methods utilized for the exchange of medical information among health care providers in order to provide health care services to the patient, nor shall they apply within health care facilities where there is a need for access to confidential medical information to fulfill professional duties.
(7) Upon request of the victim, disclosure of test results under this section to victims of sexual offenses under chapter 9A.44 RCW shall be made if the result is negative or positive. The county prosecuting attorney shall notify the victim of the right to such disclosure. Such disclosure shall be accompanied by appropriate counseling, including information regarding follow-up testing.
NEW SECTION. Sec. 3. A new section is added to chapter 72.09 RCW to read as follows:
(1) The department shall develop and implement policies and procedures for the uniform distribution of communicable disease prevention protocols to all corrections staff who, in the course of their regularly assigned job responsibilities, may come within close physical proximity to offenders with communicable diseases. The protocols shall include, but not be limited to, information learned from tests conducted pursuant to RCW 70.24.340, 70.24.360, and 70.24.370.
(2) The protocols shall identify the offender and special precautions necessary to reduce the risk of transmission of the communicable disease but shall not identify the offender's particular communicable disease.
(3) For the purposes of this section, "communicable disease" means an illness caused by an infectious agent which can be transmitted from one person, animal, or object to another person by direct or indirect means including transmission via an intermediate host or vector, food, water, or air.
NEW SECTION. Sec. 4. A new section is added to chapter 70.48 RCW to read as follows:
(1) Local jail administrators shall develop and implement policies and procedures for the uniform distribution of communicable disease prevention protocols to all jail staff who, in the course of their regularly assigned job responsibilities, may come within close physical proximity to offenders or detainees with communicable diseases. The protocols shall include, but not be limited to, information learned from tests conducted pursuant to RCW 70.24.340, 70.24.360, and 70.24.370.
(2) The protocols shall identify the offender or detainee and special precautions necessary to reduce the risk of transmission of the communicable disease but shall not identify the offender's or detainee's particular communicable disease.
(3) For the purposes of this section, "communicable disease" means an illness caused by an infectious agent which can be transmitted from one person, animal, or object to another person by direct or indirect means including transmission via an intermediate host or vector, food, water, or air.
NEW SECTION. Sec. 5. The department of health and the department of corrections shall each adopt rules to implement this act. The department of health and the department of corrections shall also report to the legislature by January 1, 1997, on the following: (1) Changes made in rules and department of corrections and local jail policies and procedures to implement this act; and (2) a summary of the number and circumstances of mandatory test results that were disclosed to department of corrections staff and jail staff pursuant to section 2 of this act."
On page 1, line 2 of the title, after "staff;" strike the remainder of the title and insert "amending RCW 70.24.105; adding a new section to chapter 72.09 RCW; adding a new section to chapter 70.48 RCW; and creating new sections."
that the bill do pass as recommended by the Conference Committee.
Signed by Senators Hargrove, Kohl, Zarelli; Representatives Ballasiotes, Radcliff, Quall
There being no objection the House adopts the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6285 and pass the bill as recommended by the Conference Committee.
FINAL PASSAGE OF SENATE BILL
AS RECOMMENDED BY THE CONFERENCE COMMITTEE
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6285 as recommended by the Conference Committee.
Representatives Radcliff and Quall spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6285, as recommended by the Conference Committee and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.
Engrossed Substitute Senate Bill No. 6285 as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
REPORT OF CONFERENCE COMMITTEE
Bill No: ESSB 6666 Date: March 6, 1996
Prepared by: Rick Anderson (7114) Includes "new item": YES
Mr. Speaker:
Mr. President:
We of your Conference Committee, to whom was referred ENGROSSED SUBSTITUTE SENATE BILL NO. 6666, providing for a long-term solution to nuisance aquatic weeds, have had the same under consideration and we recommend that:
All previous amendments not be adopted, and the striking amendment by the Conference Committee (6666-S.E AMC CONF H5498.1) be adopted; and
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that Washington's lakes, particularly urban and suburban lakes, are experiencing pollution problems. There are frequent conflicts between shoreline property owners, who want a lake free of nuisance and noxious aquatic weeds for health, natural habitat, and recreation purposes, and local and state agencies, who are charged with protecting water quality and habitat quality in the lakes. Human-caused pollution and natural factors that cause the growth of the nuisance and noxious aquatic weeds in lakes often have diffuse sources and can create dangerous conditions.
NEW SECTION. Sec. 2. There is created a committee to develop a Washington state lake health plan. The lake health plan shall include, but not be limited to, the following elements:
(1) An overview of the science of lakes management in general, and aquatic weeds in particular, using peer-reviewed studies and prior completed environmental impact statements, where possible. This scientific overview should identify and critically evaluate the various methods and techniques available for lake restoration and weed management;
(2) An analysis of the existing federal and state statutes, regulations, and policies dealing with lakes management. The plan shall provide recommendations on how to eliminate conflicts and inconsistencies in these legal requirements;
(3) An assessment of, and recommendations addressing, the problems arising from overlapping state and local agency programs and procedures;
(4) Recommendations on sources of state and local funding for lakes management. The funding mechanisms should reflect a preference for local solutions, and on involving all of the contributors to a lake's pollution in the funding of lake management expenses; and
(5) A plan or program to provide public information and education concerning how to prevent lake pollution and improve lake health. The committee shall consist of up to two senate members from each caucus of the senate, selected by the president of the senate and up to two representatives from each caucus of the house of representatives, selected by the speaker of the house of representatives. The committee may create advisory groups to assist them in evaluating these issues and shall consult with the following:
(a) Lakeside homeowners, lake users, and other citizens interested in lake water quality;
(b) The director or designee from the departments of fish and wildlife, health, ecology, natural resources, and agriculture;
(c) County governments and local health departments from both the east side and the west side of the state;
(d) Cities;
(e) Scientific and academic specialists; and
(f) Pesticide applicators.
Staff support for the committee shall be provided by the office of program research in the house of representatives and by senate committee services.
The committee shall submit a plan with statutory recommendations, if any, to the legislature by January 1, 1998.
NEW SECTION. Sec. 3. The department of ecology shall expedite requests for approval for the application of state or federally registered pesticides by licensed pesticide applicators, including the use of herbicides such as copper sulfate or diquat, to control nuisance and noxious weeds in lakes managed under chapter 90.24 RCW. Approval for the application of pesticides is subject to compliance with state and federal pesticide laws. The department of ecology shall condition the permits to ensure that fish within the watershed are not significantly affected. The department of ecology may require applicators to provide reasonable notification to shoreline residents before application and to post signs describing swimming and fishing restrictions. The department of ecology may require sampling by the local health department to assess the biological effects of pesticide treatments and effects on human and animal health of toxic algae. This section shall expire April 1, 1998.
NEW SECTION. Sec. 4. 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 shall take effect immediately."
On page 1, line 1 of the title, after "weeds;" strike the remainder of the title and insert "creating new sections; providing an expiration date; and declaring an emergency."
that the bill do pass as recommended by the Conference Committee.
Signed by Senators Fraser, Swecker, Fairley; Representatives Talcott, Carrell, Regala
There being no objection the House adopts the Report of the Conference Committee on Engrossed Substitute Senate Bill No. 6666 and pass the bill as recommended by the Conference Committee.
FINAL PASSAGE OF SENATE BILL
AS RECOMMENDED BY THE CONFERENCE COMMITTEE
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Substitute Senate Bill No. 6666 as recommended by the Conference Committee.
Representatives Carrell and Regala spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute Senate Bill No. 6666, as recommended by the Conference Committee and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.
Engrossed Substitute Senate Bill No. 6666 as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
The Speaker (Representative Horn presiding) declared the House to be at ease.
The Speaker called the House to order.
MESSAGES FROM THE SENATE
March 7, 1996
Mr. Speaker:
The Senate refuses to concur in the House amendments to SUBSTITUTE SENATE BILL NO. 6430 and asks the House to recede therefrom.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
There being no objection the House receded from its position and pass Substitute Senate Bill No. 6430 without the House amendments.
FINAL PASSAGE OF SENATE BILL WITHOUT HOUSE AMENDMENTS
The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6430 without the House amendments.
Representative Lisk spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6430 without the House amendments and the bill passed the House by the following vote: Yeas - 83, Nays - 15, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carrell, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Fuhrman, Goldsmith, Grant, Hankins, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Keiser, Kessler, Koster, Linville, Lisk, Mason, Mastin, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Sommers, H., Sterk, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Veloria and Wolfe - 83.
Voting nay: Representatives Beeksma, Carlson, Casada, Foreman, Hargrove, Johnson, Lambert, McMahan, Pelesky, Pennington, Smith, Sommers, D., Stevens, Van Luven and Mr. Speaker - 15.
Substitute Senate Bill No. 6430 without the House amendments, having received the constitutional majority, was declared passed.
I intended to vote NAY on Substitute Senate Bill No. 6430.
IAN ELLIOT, 1st District
MESSAGE FROM THE SENATE
March 7, 1996
Mr. Speaker:
The Senate has concurred in the House amendments and has passed the following bills as amended by the House:
ENGROSSED SUBSTITUTE SENATE BILL NO. 6211,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6392,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6251,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
The Speaker declared the House to be at ease.
The Speaker (Representative Horn presiding) called the House to order.
There being no objection, the Conference Committee was relieved of further consideration of Engrossed Second Substitute Senate Bill No. 6705 and the bill was returned to second reading for the purpose of an amendment.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6705, by Senate Committee on Higher Education (originally sponsored by Senators Bauer, Wood, Kohl, Zarelli, Sutherland, Cantu, Prince, Sheldon, Loveland, Winsley, Hale and Rasmussen)
Requiring a higher education technology plan.
The bill was read the second time.
Representative Carlson moved the adoption of the following amendment by Representative Carlson:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes that technology is an important tool in the preparation of an educated and knowledgeable work force and citizenry. The legislature supports the creation of a K-20 education network for the coordinated expansion of current technology and the development of new technologies that support an integrated and interoperable educational technology network serving kindergarten through higher education and promoting access for Washington citizens. The intent of the legislature is to significantly enhance the education system's ability to access telecommunications resources and to provide citizen access to quality primary, secondary, and postsecondary courses and degree programs state-wide through distance education. It is also the intent of the legislature that these services be a collaborative endeavor and that resources be used effectively. The development of a distance education system using technology will provide great opportunities for change in the delivery of educational services and deserves due deliberation and coordinated policy planning to ensure that the high standards of program quality and cost-efficient service are enhanced. The legislature finds that, in order to facilitate lifelong learning, educational technology systems must be coordinated among all educational sectors, with the other entities of federal, state, and local government, and be readily accessible to the general population of the state. It is the intent of the legislature to make maximum use of a common telecommunications backbone network in building and expanding education technology systems. Therefore, coordinated policy and planning to ensure program quality, interoperability, and efficient service delivery are the highest priority of the legislature.
NEW SECTION. Sec. 2. (1) The K-20 telecommunications oversight and policy committee is established to: Adopt policy goals and objectives for a K-20 telecommunications system, adopt a network design and implementation plan, and authorize release of funds for network purposes.
(2) The duties of the committee shall include, but need not be limited to:
(a) The adoption of system goals and objectives and timelines for submission of the proposed plans under sections 4 through 6 and 8 of this act by June 1, 1996;
(b) The authorization of the construction and acquisition of a network backbone upon its approval of phase one of a technical plan for the network as specified in section 8(1) of this act;
(c) The preparation and subsequent updates of a network design and implementation plan that includes locations to be served by the network, service delivery specifications, a network governance structure, other appropriate components, and a phased technical plan in accordance with section 8(2) of this act. The plan shall be adopted after considering the recommendations of the information services board, the higher education coordinating board, and the superintendent of public instruction.
(d) The preparation of an implementation plan that prioritizes access to the network backbone and other telecommunication components; and
(e) The authorization of the release of funds for expenditures to construct the network and distance education components.
(3) By April 15, 1996, the department of information services shall convene the committee. The committee shall include the following voting members or their designees: The governor; one member from each caucus of the senate, appointed by the president of the senate; one member from each caucus of the house of representatives, appointed by the speaker of the house of representatives; the superintendent of public instruction; the chair of the higher education coordinating board; and the chair of the information services board. On a nonvoting basis, the committee shall include the following members or their designees: One community college or technical college president, appointed by the state board for community and technical colleges; one president of a public baccalaureate institution, appointed by the council of presidents; the state librarian; one educational service district superintendent, one school district superintendent, and one representative of an approved private school, each appointed by the superintendent of public instruction; one representative of independent nonprofit baccalaureate institutions, appointed by the Washington friends of higher education; and one representative of the computer or telecommunications industry, appointed by the information services board. The voting members must reach a consensus in approving the network design and implementation plan. The department shall provide staff support to the committee.
NEW SECTION. Sec. 3. The design and implementation plan for the K-20 telecommunication system shall: (1) Provide optimum geographic and social distribution of the benefits of a network; (2) minimize duplication of technology resources and education programs or degrees at public institutions of postsecondary education; (3) maximize existing networks and video telecommunications resources owned or operated by the state; (4) consider the benefits of purchasing additional hardware to expand the current telecommunications network versus leasing network services from the department of information services or from private sector providers; (5) foster partnerships among public, private, and nonprofit entities, including independent nonprofit baccalaureate institutions of higher education, libraries, and public hospitals; (6) ensure that each network site is designed to maximize utilization by the institutions of postsecondary education and public schools; (7) provide for future access by public entities on a no-cost or low-cost basis; and (8) ensure that the network can be expanded and upgraded, is based on an open-architecture model, and connects to national and world-wide information infrastructures.
NEW SECTION. Sec. 4. Within the timelines specified by the committee, the higher education coordinating board shall prepare and submit to the K-20 telecommunications oversight and policy committee a proposed location plan of higher education delivery sites proposed for connection to the K-20 education network. The development of the plan shall begin immediately. For each site proposed for connection to the network, the board shall recommend service delivery specifications that include, but need not be limited to, an assessment of community needs and programming and service levels that provide for effective use of network resources. The board shall prioritize the implementation of the proposed location plan. The board shall ensure that the proposed location plan adheres to the principles described in section 3 of this act and the goals and objectives adopted by the committee under section 2 of this act.
NEW SECTION. Sec. 5. Within timelines specified by the committee, the superintendent of public instruction shall prepare and submit to the K-20 telecommunications oversight and policy committee a proposed location plan of public education delivery sites proposed for connection to the K-20 education network. The development of the plan shall begin immediately. For each site proposed for connection to the network, the superintendent shall approve service delivery specifications that include, but need not be limited to, an assessment of community needs and programming and service levels that provide for effective use of network resources. The superintendent shall prioritize the implementation of the proposed location plan. The superintendent shall ensure that the proposed location plan adheres to the principles described in section 3 of this act and the goals and objectives adopted by the committee under section 2 of this act.
NEW SECTION. Sec. 6. Within timelines specified by the committee, the higher education coordinating board and the superintendent of public instruction shall recommend to the K-20 telecommunications oversight and policy committee network governance structure that ensures participation by all members of the network and, to the extent feasible, adheres to the goals and objectives adopted under section 2 of this act.
NEW SECTION. Sec. 7. The K-20 technology account is hereby created in the state treasury. The department of information services shall deposit into the account all moneys received from legislative appropriations, gifts, grants, and endowments for the K-20 telecommunication system. The account shall be subject to appropriation and may be expended solely for the K-20 telecommunication system approved by the committee under section 2 of this act. Disbursements from the account shall be on authorization of the director of the department of information services with approval of the committee under section 2 of this act.
NEW SECTION. Sec. 8. The information services board shall prepare a technical plan for the design and construction of the K-20 telecommunication system. The board shall ensure that the technical plan adheres to the principles described in section 3 of this act and the goals and objectives established by the committee under section 2 of this act. The board shall provide formal project approval and oversight during the development and implementation of the K-20 telecommunications network. In approving the plan, the board shall conduct a request for proposal process. The technical plan shall be developed in phases as follows:
(1) Phase one shall provide a telecommunication backbone connecting educational service districts, the main campuses of public baccalaureate institutions, the branch campuses of public research institutions, and the main campuses of community colleges and technical colleges.
(2) Phase two shall provide for (a) connection to the network by entities that include, but need not be limited to: School districts, public higher education off-campus and extension centers, branch campuses of community colleges and technical colleges, and independent nonprofit baccalaureate institutions, as prioritized by the telecommunications oversight and policy committee; and (b) distance education facilities and components for entities listed in subsections (1) and (2) of this section.
(3) Subsequent phases may include, but need not be limited to, connections to public libraries, state and local governments, community resource centers, and the private sector.
Sec. 9. RCW 28B.80.600 and 1990 c 208 s 9 are each amended to read as follows:
The higher education coordinating board shall provide state-wide coordination ((of video)) in telecommunications programming ((for the public four-year higher education institutions)), location selection, meeting community needs, and development of a state-wide higher education telecommunications plan.
Sec. 10. RCW 43.105.032 and 1992 c 20 s 8 are each amended to read as follows:
There is hereby created the Washington state information services board. The board shall be composed of ((nine)) thirteen members. ((Seven)) Eight members shall be appointed by the governor, one of ((which)) whom shall be a representative of higher education, one of ((which)) whom shall be a representative of an agency under a state-wide elected official other than the governor, and ((one)) two of ((which)) whom shall be ((a)) representatives of the private sector. One member shall represent the judicial branch and be appointed by the chief justice of the supreme court. ((One member shall represent the legislative branch and shall be selected by the president of the senate and the speaker of the house of representatives.)) One member shall be the superintendent of public instruction or shall be appointed by the superintendent of public instruction. One member shall represent the house of representatives and shall be selected by the speaker of the house of representatives; one member shall represent the senate and shall be appointed by the president of the senate. The representatives of the house of representatives and senate shall not be from the same political party. One member shall be the director who shall be a voting member of the board. These members shall constitute the membership of the board with full voting rights. Members of the board shall serve at the pleasure of the appointing authority. ((The director shall be an ex officio, nonvoting member of the board.)) The board shall select a chairperson from among its members.
Vacancies shall be filled in the same manner that the original appointments were made.
A majority of the members of the board shall constitute a quorum for the transaction of business.
Members of the board shall be compensated for service on the board in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
Sec. 11. RCW 43.105.041 and 1995 2nd sp.s. c 14 s 512 are each amended to read as follows:
The board shall have the following powers and duties related to information services:
(1) To develop standards governing the acquisition and disposition of equipment, proprietary software and purchased services, and confidentiality of computerized data;
(2) To purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and purchased services, or to delegate to other agencies and institutions of state government, under appropriate standards, the authority to purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and purchased services: PROVIDED, That, agencies and institutions of state government, except as provided in RCW 43.105.017(5) and section 507, chapter 14, Laws of 1995 2nd sp. sess., are expressly prohibited from acquiring or disposing of equipment, proprietary software, and purchased services without such delegation of authority. The acquisition and disposition of equipment, proprietary software, and purchased services is exempt from RCW 43.19.1919 and, as provided in RCW 43.19.1901, from the provisions of RCW 43.19.190 through 43.19.200. This subsection does not apply to the legislative branch;
(3) To develop state-wide or interagency technical policies, standards, and procedures;
(4) To review and approve standards and common specifications for new or expanded telecommunications networks proposed by agencies, public postsecondary education institutions, educational service districts, or state-wide or regional providers of K-12 information technology services, and to assure the cost-effective development and incremental implementation of a state-wide video telecommunications system to serve: Public schools; educational service districts; vocational-technical institutes; community colleges; colleges and universities; state and local government; and the general public through public affairs programming;
(5) To provide direction concerning strategic planning goals and objectives for the state. The board shall seek input from the legislature and the judiciary;
(6) To develop and implement a process for the resolution of appeals by:
(a) Vendors concerning the conduct of an acquisition process by an agency or the department; or
(b) A customer agency concerning the provision of services by the department or by other state agency providers;
(7) To establish policies for the periodic review by the department of agency performance which may include but are not limited to analysis of:
(a) Planning, management, control, and use of information services;
(b) Training and education; and
(c) Project management;
(8) To set its meeting schedules and convene at scheduled times, or meet at the request of a majority of its members, the chair, or the director; and
(9) To review and approve that portion of the department's budget requests that provides for support to the board.
Sec. 12. RCW 43.105.041 and 1990 c 208 s 6 are each amended to read as follows:
The board shall have the following powers and duties related to information services:
(1) To develop standards governing the acquisition and disposition of equipment, proprietary software and purchased services, and confidentiality of computerized data;
(2) To purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and purchased services, or to delegate to other agencies and institutions of state government, under appropriate standards, the authority to purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and purchased services: PROVIDED, That, agencies and institutions of state government are expressly prohibited from acquiring or disposing of equipment, proprietary software, and purchased services without such delegation of authority. The acquisition and disposition of equipment, proprietary software, and purchased services is exempt from RCW 43.19.1919 and, as provided in RCW 43.19.1901, from the provisions of RCW 43.19.190 through 43.19.200. This subsection does not apply to the legislative branch;
(3) To develop state-wide or interagency technical policies, standards, and procedures;
(4) To review and approve standards and common specifications for new or expanded telecommunications networks proposed by agencies, public postsecondary education institutions, educational service districts, or state-wide or regional providers of K-12 information technology services, and to assure the cost-effective development and incremental implementation of a state-wide video telecommunications system to serve: Public schools; educational service districts; vocational-technical institutes; community colleges; colleges and universities; state and local government; and the general public through public affairs programming;
(5) To provide direction concerning strategic planning goals and objectives for the state. The board shall seek input from the legislature and the judiciary;
(6) To develop and implement a process for the resolution of appeals by:
(a) Vendors concerning the conduct of an acquisition process by an agency or the department; or
(b) A customer agency concerning the provision of services by the department or by other state agency providers;
(7) To establish policies for the periodic review by the department of agency performance which may include but are not limited to analysis of:
(a) Planning, management, control, and use of information services;
(b) Training and education; and
(c) Project management;
(8) To set its meeting schedules and convene at scheduled times, or meet at the request of a majority of its members, the chair, or the director; and
(9) To review and approve that portion of the department's budget requests that provides for support to the board.
Sec. 13. RCW 43.105.170 and 1992 c 20 s 2 are each amended to read as follows:
(1) Each agency shall develop an agency strategic information technology plan which establishes agency goals and objectives regarding the development and use of information technology. The superintendent of public instruction shall develop its plan in conjunction with educational service districts and state-wide or regional providers of K-12 education information technology services. Plans shall include, but not be limited to, the following:
(a) A statement of the agency's mission, goals, and objectives for information technology;
(b) An explanation of how the agency's mission, goals, and objectives for information technology support and conform to the state strategic information technology plan developed under RCW 43.105.160;
(c) Projects and resources required to meet the objectives of the plan; and
(d) Where feasible, estimated schedules and funding required to implement identified projects.
(2) Plans developed under subsection (1) of this section shall be submitted to the department for review and forwarded along with the department's recommendations to the board for review and approval. The board may reject, require modification to, or approve plans as deemed appropriate by the board. Plans submitted under this subsection shall be updated and submitted for review and approval as necessary.
(3) Each agency shall prepare and submit to the department a biennial performance report. The superintendent of public instruction shall develop its plan in conjunction with educational service districts and state-wide or regional providers of K-12 education information technology services. The report shall include:
(a) An evaluation of the agency's performance relating to information technology;
(b) An assessment of progress made toward implementing the agency strategic information technology plan; and
(c) An inventory of agency information services, equipment, and proprietary software.
(4) The department, with the approval of the board, shall establish standards, elements, form, and format for plans and reports developed under this section.
(5) The board may exempt any agency from any or all of the requirements of this section.
Sec. 14. RCW 43.105.180 and 1992 c 20 s 3 are each amended to read as follows:
Upon request of the office of financial management, the department shall evaluate agency budget requests for major information technology projects identified under RCW 43.105.190, including those proposed by the superintendent of public instruction, in conjunction with educational service districts, or state-wide or regional providers of K-12 education information technology services. The department shall submit recommendations for funding all or part of such requests to the office of financial management.
The department, with the advice and approval of the office of financial management, shall establish criteria for the evaluation of agency budget requests under this section. Criteria shall include, but not be limited to: Feasibility of the proposed projects, consistency with state and agency strategic information technology plans, consistency with agency goals and objectives, costs, and benefits.
Sec. 15. RCW 43.105.190 and 1992 c 20 s 4 are each amended to read as follows:
(1) The department, with the approval of the board, shall establish standards and policies governing the planning, implementation, and evaluation of major information technology projects, including those proposed by the superintendent of public instruction, in conjunction with educational service districts, or state-wide or regional providers of K-12 education information technology services. The standards and policies shall:
(a) Establish criteria to identify projects which are subject to this section. Such criteria shall include, but not be limited to, significant anticipated cost, complexity, or state-wide significance of the project; and
(b) Establish a model process and procedures which agencies shall follow in developing and implementing project plans. Agencies may propose, for approval by the department, a process and procedures unique to the agency. The department may accept or require modification of such agency proposals or the department may reject such agency proposals and require use of the model process and procedures established under this subsection. Any process and procedures developed under this subsection shall require (i) distinct and identifiable phases upon which funding may be based, (ii) user validation of products through system demonstrations and testing of prototypes and deliverables, and (iii) other elements identified by the board.
Project plans and any agreements established under such plans shall be approved and mutually agreed upon by the director, the director of financial management, and the head of the agency proposing the project.
The director may terminate a major project if the director determines that the project is not meeting or is not expected to meet anticipated performance standards.
(2) The office of financial management shall establish policies and standards governing the funding of projects developed under this section. The policies and standards shall provide for:
(a) Funding of a project under terms and conditions mutually agreed to by the director, the director of financial management, and the head of the agency proposing the project. However, the office of financial management may require incremental funding of a project on a phase-by-phase basis whereby funds for a given phase of a project may be released only when the office of financial management determines, with the advice of the department, that the previous phase is satisfactorily completed;
(b) Acceptance testing of products to assure that products perform satisfactorily before they are accepted and final payment is made; and
(c) Other elements deemed necessary by the office of financial management.
(3) The department shall evaluate projects at three stages of development as follows: (a) Initial needs assessment; (b) feasibility study including definition of scope, development of tasks and timelines, and estimated costs and benefits; and (c) final project implementation plan based upon available funding.
Copies of project evaluations conducted under this subsection shall be submitted to the office of financial management and the chairs, ranking minority members, and staff coordinators of the appropriations committees of the senate and house of representatives.
NEW SECTION. Sec. 16. Sections 1 through 8 of this act shall constitute a new chapter in Title 28D RCW.
NEW SECTION. Sec. 17. Section 11 of this act expires June 30, 1997.
NEW SECTION. Sec. 18. Section 12 of this act shall take effect June 30, 1997.
NEW SECTION. Sec. 19. Sections 1 through 11 and 13 through 15 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
NEW SECTION. Sec. 20. Nothing in this act shall prevent the ongoing maintenance and operation of existing telecommunications and information systems or programs."
On page 1, line 2 of the title, after "technology;" strike the remainder of the title and insert "amending RCW 28B.80.600, 43.105.032, 43.105.041, 43.105.041, 43.105.170, 43.105.180, and 43.105.190; adding a new title to the Revised Code of Washington to be codified as Title 28D RCW; creating a new section; providing an effective date; providing an expiration date; and declaring an emergency."
Representatives Carlson and Jacobsen spoke in favor of adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Second Substitute Senate Bill No. 6705 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6705, as amended by the House and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.
Engrossed Second Substitute Senate Bill No. 6705 as amended by the House, having received the constitutional majority, was declared passed.
The Speaker assumed the chair.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1556,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2150,
SUBSTITUTE HOUSE BILL NO. 2167,
SUBSTITUTE HOUSE BILL NO. 2186,
SUBSTITUTE HOUSE BILL NO. 2195,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2217,
SUBSTITUTE HOUSE BILL NO. 2420,
SUBSTITUTE HOUSE BILL NO. 2478,
ENGROSSED HOUSE BILL NO. 2672,
SUBSTITUTE HOUSE BILL NO. 2785,
The Speaker called on Representative Horn to preside.
MESSAGE FROM THE SENATE
March 7, 1996
Mr. Speaker:
The Senate refuses to concur in the House amendments to SUBSTITUTE SENATE BILL NO. 6637 and asks the House to recede therefrom.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
There being no objection, the rules were suspended, and Substitute Senate Bill No. 6637 was returned to second reading for the purpose of an amendment.
SUBSTITUTE SENATE BILL NO. 6637, by Senate Committee on Government Operations (originally sponsored by Senators Haugen, Sheldon, Winsley, Hale, Wood and Long)
Limiting growth management hearings board discretion.
The bill was read the second time.
Representative Reams moved the adoption of the following amendment by Representative Reams:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.70A.270 and 1994 c 257 s 1 are each amended to read as follows:
Each growth ((planning)) management hearings board shall be governed by the following rules on conduct and procedure:
(1) Any board member may be removed for inefficiency, malfeasance, and misfeasance in office, under specific written charges filed by the governor. The governor shall transmit such written charges to the member accused and the chief justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the superior court to hear and adjudicate the charges. Removal of any member of a board by the tribunal shall disqualify such member for reappointment.
(2) Each board member shall receive reimbursement for travel expenses incurred in the discharge of his or her duties in accordance with RCW 43.03.050 and 43.03.060. If it is determined that the review boards shall operate on a full-time basis, each member shall receive an annual salary to be determined by the governor pursuant to RCW 43.03.040. If it is determined that a review board shall operate on a part-time basis, each member shall receive compensation pursuant to RCW 43.03.250, provided such amount shall not exceed the amount that would be set if they were a full-time board member. The principal office of each board shall be located by the governor within the jurisdictional boundaries of each board. The boards shall operate on either a part-time or full-time basis, as determined by the governor.
(3) Each board member shall not: (a) Be a candidate for or hold any other public office or trust; (b) engage in any occupation or business interfering with or inconsistent with his or her duty as a board member; and (c) for a period of one year after the termination of his or her board membership, act in a representative capacity before the board on any matter.
(4) A majority of each board shall constitute a quorum for making orders or decisions, adopting rules necessary for the conduct of its powers and duties, or transacting other official business, and may act even though one position of the board is vacant. One or more members may hold hearings and take testimony to be reported for action by the board when authorized by rule or order of the board. The board shall perform all the powers and duties specified in this chapter or as otherwise provided by law.
(5) The board may appoint one or more hearing examiners to assist the board in its hearing function, to make conclusions of law and findings of fact and, if requested by the board, to make recommendations to the board for decisions in cases before the board. Such hearing examiners must have demonstrated knowledge of land use planning and law. The boards shall specify in their joint rules of practice and procedure, as required by subsection (7) of this section, the procedure and criteria to be employed for designating hearing examiners as a presiding officer. Hearing examiners selected by a board shall meet the requirements of subsection (3) of this section. The findings and conclusions of the hearing examiner shall not become final until they have been formally approved by the board. This authorization to use hearing examiners does not waive the requirement of RCW 36.70A.300 that final orders be issued within one hundred eighty days of board receipt of a petition.
(6) Each board shall make findings of fact and prepare a written decision in each case decided by it, and such findings and decision shall be effective upon being signed by two or more members of the board and upon being filed at the board's principal office, and shall be open for public inspection at all reasonable times.
(7) All proceedings before the board, any of its members, or a hearing examiner appointed by the board shall be conducted in accordance with such administrative rules of practice and procedure as the boards jointly prescribe. All three boards shall jointly meet to develop and adopt joint rules of practice and procedure, including rules regarding expeditious and summary disposition of appeals. The boards shall publish such rules and decisions they render and arrange for the reasonable distribution of the rules and decisions. Except as it conflicts with provisions of this chapter, the administrative procedure act, chapter 34.05 RCW, shall govern the ((administrative rules of)) practice and procedure ((adopted by)) of the boards.
(8) A board member or hearing examiner is subject to disqualification ((for bias, prejudice, interest, or any other cause for which a judge is disqualified)) under chapter 34.05 RCW. The joint rules of practice of the boards shall establish procedures by which a party to a hearing conducted before the board may file with the board a motion to disqualify, with supporting affidavit, against a board member or hearing examiner assigned to preside at the hearing.
(9) The members of the boards shall meet jointly on at least an annual basis with the objective of sharing information that promotes the goals and purposes of this chapter.
Sec. 2. RCW 36.70A.280 and 1995 c 347 s 108 are each amended to read as follows:
(1) A growth management hearings board shall hear and determine only those petitions alleging either:
(a) That a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW; or
(b) That the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted.
(2) A petition may be filed only by: (a) The state, or a county or city that plans under this chapter((,)); (b) a person who has ((either appeared)) participated orally or in writing before the county or city regarding the matter on which a review is being requested ((or)); (c) a person who is certified by the governor within sixty days of filing the request with the board((,)); or (d) a person qualified pursuant to RCW 34.05.530.
(3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character.
(4) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, a board shall consider the implications of any such adjustment to the population forecast for the entire state.
The rationale for any adjustment that is adopted by a board must be documented and filed with the office of financial management within ten working days after adoption.
If adjusted by a board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as a "board adjusted population projection". None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.
Sec. 3. RCW 36.70A.300 and 1995 c 347 s 110 are each amended to read as follows:
(1) The board shall issue a final order within one hundred eighty days of receipt of the petition for review, or, when multiple petitions are filed, within one hundred eighty days of receipt of the last petition that is consolidated. Such a final order shall be based exclusively on whether or not a state agency, county, or city is in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to plans, development regulations, and amendments thereto, adopted under RCW 36.70A.040 or chapter 90.58 RCW. In the final order, the board shall either: (a) Find that the state agency, county, or city is in compliance with the requirements of this chapter or chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs; or (b) find that the state agency, county, or city is not in compliance with the requirements of this chapter or chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, in which case the board shall remand the matter to the affected state agency, county, or city and specify a reasonable time not in excess of one hundred eighty days within which the state agency, county, or city shall comply with the requirements of this chapter.
(2) A finding of noncompliance and an order of remand shall not affect the validity of comprehensive plans and development regulations during the period of remand((, unless the board's)). In addition, the board may issue a determination of invalidity as part of its final order ((also)) of noncompliance which shall:
(a) Include((s)) a determination, supported by findings of fact and conclusions of law, that the continued validity of the plan or regulation would substantially interfere with the fulfillment of the goals of this chapter; and
(b) ((Specifies)) Specify the particular part or parts of the plan or regulation that are determined to be invalid, the geographic area or areas where the determination of invalidity is applicable, if appropriate, and the reasons for their invalidity.
(3) A determination of invalidity shall((:
(a))) not take effect until at least ninety days after the determination of invalidity was made, during which period the board shall review the progress of the county or city. If, after holding a hearing on the matter, the board finds that the county or city is making substantial progress toward adopting a plan or regulations or taking other actions under this chapter, relating to the order, that would not be determined to be invalid under subsection (2) of this section, the board shall extend the ninety-day period for a reasonable period and continue its jurisdiction over the matter. If, after holding a hearing on the matter, the board finds that substantial progress is not being made, the board shall enter an order effectuating the determination of invalidity. The hearing must be held prior to the ninetieth day. Another hearing shall be held prior to the end of any extension granted by the board. Any order effectuating the determination of invalidity shall be prospective in effect and shall not extinguish rights that ((vested)) vest under state or local law before or after the date of the board's order((; and
(b) Subject)) effectuating the determination of invalidity. Any order effectuating the determination of invalidity shall not affect the validity of the comprehensive plan, development regulations, or other actions taken under this chapter, except that any ((development)) application for the division of land under chapter 58.17 RCW, in any geographic area or areas where the determination of invalidity is applicable, that would otherwise vest after the date of the board's order effectuating the determination of invalidity, shall vest to the local ordinance or resolution that ((both is enacted in response to the order of remand and determined by the board pursuant to RCW 36.70A.330 to comply with the requirements of this chapter)) the county or city adopts in response to the order effectuating the determination of invalidity after the board determines that the response would not be invalidated under subsection (2) of this section. Boundary line adjustments that do not increase the number of lots are not affected by an order effectuating a determination of invalidity. The board shall hold a hearing before removing the order effectuating its determination of invalidity.
(4) ((If the ordinance that adopts a plan or development regulation under this chapter includes a savings clause intended to revive prior policies or regulations in the event the new plan or regulations are determined to be invalid, the board shall determine under subsection (2) of this section whether the prior policies or regulations are valid during the period of remand.)) A county or city for which a determination of invalidity was made prior to the effective date of this act may petition the board for a stay of the determination of invalidity, based on a showing under the procedures of subsection (3) of this section that it is making substantial progress toward adopting a plan or development regulations, or taking other actions under this chapter, relating to the order, that would not otherwise be declared invalid under subsection (2) of this section. After holding a hearing, the board shall enter an order rescinding, staying, modifying, or continuing the prior determination of invalidity.
(5) Any party aggrieved by a final decision of the hearings board may appeal the decision to superior court as provided in RCW 34.05.514 or 36.01.050 within thirty days of the final order of the board. The court shall conduct an independent review of the board's legal conclusions.
NEW SECTION. Sec. 4. A new section is added to chapter 36.70A RCW to read as follows:
The court shall provide expedited review of a determination of invalidity or an order effectuating a determination of invalidity made or issued under RCW 36.70A.300. The matter must be set for hearing within sixty days of the date set for submitting the board's record, absent a showing of good cause for a different date or a stipulation of the parties.
Sec. 5. RCW 36.70A.320 and 1995 c 347 s 111 are each amended to read as follows:
(1)(a) Except as provided in subsection (2) of this section, designations, comprehensive plans ((and)), development regulations, and other actions required by this chapter, and amendments thereto, adopted under this chapter are presumed valid upon adoption. In any petition under this chapter, the board, after full consideration of the petition, shall determine whether there is compliance with the requirements of this chapter. In recognition of the broad range of discretion that may be exercised by counties and cities consistent with the requirements of this chapter, the board shall not substitute its judgment for that of a county or city regarding the exercise of such discretion. In making its determination, the board shall consider the criteria adopted by the department under RCW 36.70A.190(4). The board has no discretion to prioritize, balance, or rank the goals set forth in RCW 36.70A.020, all of which shall be used by counties and cities as provided in RCW 36.70A.020.
(b) The burden of proof shall be on the petitioner. The board shall find compliance unless it finds ((by a preponderance of the evidence that the state agency, county, or city erroneously interpreted or applied this chapter)) that: (i) The state agency, county, or city erroneously interpreted this chapter; or (ii) the action of the state agency, county, or city is not supported by evidence that is substantial when reviewed in light of the whole record before the board.
(2) The shoreline element of a comprehensive plan and the applicable development regulations adopted by a county or city shall take effect as provided in chapter 90.58 RCW.
NEW SECTION. Sec. 6. 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. 7. 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 shall take effect immediately."
Representative Reams spoke in favor of adoption of the amendment.
The amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Scheuerman and Rust spoke against passage of the bill.
Representative Elliot spoke in favor of passage of the bill.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6637 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6637 as amended by the House and the bill passed the House by the following vote: Yeas - 68, Nays - 30, Absent - 0, Excused - 0.
Voting yea: Representatives Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Costa, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, L., Thompson, Van Luven and Mr. Speaker - 68.
Voting nay: Representatives Appelwick, Backlund, Basich, Brown, Chopp, Cody, Cole, Conway, Cooke, Dellwo, Dickerson, Dyer, Fisher, R., Jacobsen, Keiser, Mason, Murray, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scheuerman, Sommers, H., Thomas, B., Tokuda, Valle, Veloria and Wolfe - 30.
Substitute Senate Bill No. 6637 as amended by the House, having received the constitutional majority, was declared passed.
MOTION
Representative Elliot: Having voted on the prevailing side moved that the House immediately reconsider the vote on Substitute Senate Bill No. 6637.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6637 on reconsideration.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6637, on reconsideration and the bill passed the House by the following vote: Yeas - 69, Nays - 29, Absent - 0, Excused - 0.
Voting yea: Representatives Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Costa, Crouse, Delvin, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, L., Thompson, Van Luven and Mr. Speaker - 69.
Voting nay: Representatives Appelwick, Backlund, Basich, Brown, Chopp, Cody, Cole, Conway, Dellwo, Dickerson, Dyer, Fisher, R., Jacobsen, Keiser, Mason, Murray, Ogden, Patterson, Poulsen, Regala, Romero, Rust, Scheuerman, Sommers, H., Thomas, B., Tokuda, Valle, Veloria and Wolfe - 29.
Substitute Senate Bill No. 6637 on reconsideration, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 7, 1996
Mr. Speaker:
Under suspension of rules, the Senate returned SUBSTITUTE HOUSE BILL NO. 2533 to second reading for purpose of amendment. The Senate passed the bill with the attached striking amendments (2533-S AAS 3/7/96 S5859.1)
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 9.95 RCW to read as follows:
(1) When a superior court places a defendant convicted of a misdemeanor or gross misdemeanor on probation and orders supervision under RCW 9.92.060 or 9.95.210, the department of corrections has initial responsibility for supervision of that defendant.
(2) A county legislative authority may assume responsibility for the supervision of all defendants within its jurisdiction who have been convicted of a misdemeanor or gross misdemeanor and sentenced to probation by a superior court. The assumption of responsibility shall be made by contract with the department of corrections on a biennial basis.
(3) If a county assumes supervision responsibility, the county shall supervise all superior court misdemeanant probationers within that county for the duration of the biennium, as set forth in the contract with the department of corrections.
(4) A contract between a county legislative authority and the department of corrections for the transfer of supervision responsibility must include, at a minimum, the following provisions:
(a) The county's agreement to supervise all misdemeanant probationers who are sentenced by a superior court within that county and who reside within that county;
(b) A reciprocal agreement regarding the supervision of superior court misdemeanant probationers sentenced in one county but who reside in another county;
(c) The county's agreement to comply with the minimum standards for classification and supervision of offenders as required under section 2 of this act;
(d) The amount of funds available from the department of corrections to the county for supervision of superior court misdemeanant probationers, calculated according to a formula established by the department of corrections;
(e) A method for the payment of funds by the department of corrections to the county;
(f) The county's agreement that any funds received by the county under the contract will be expended only to cover costs of supervision of superior court misdemeanant probationers;
(g) The county's agreement to account to the department of corrections for the expenditure of all funds received under the contract and to submit to audits for compliance with the supervision standards and financial requirements of this section;
(h) Provisions regarding rights and remedies in the event of a possible breach of contract or default by either party; and
(i) Provisions allowing for voluntary termination of the contract by either party, with good cause, after sixty days' written notice.
(5) If the contract between the county and the department of corrections is terminated for any reason, the department of corrections shall reassume responsibility for supervision of superior court misdemeanant probationers within that county. In such an event, the department of corrections retains any and all rights and remedies available by law and under the contract.
(6) The state of Washington, the department of corrections and its employees, community corrections officers, and volunteers who assist community corrections officers are not liable for any harm caused by the actions of a superior court misdemeanant probationer who is under the supervision of a county. A county, its probation department and employees, probation officers, and volunteers who assist probation officers are not liable for any harm caused by the actions of a superior court misdemeanant probationer who is under the supervision of the department of corrections. This subsection applies regardless of whether the supervising entity is in compliance with the standards of supervision at the time of the misdemeanant probationer's actions.
(7) The state of Washington, the department of corrections and its employees, community corrections officers, any county under contract with the department of corrections pursuant to this section and its employees, probation officers, and volunteers who assist community corrections officers and probation officers in the superior court misdemeanant probation program are not liable for civil damages resulting from any act or omission in the rendering of superior court misdemeanant probation activities unless the act or omission constitutes gross negligence. For purposes of this section, "volunteers" is defined according to RCW 51.12.035.
NEW SECTION. Sec. 2. A new section is added to chapter 9.95 RCW to read as follows:
(1) Probation supervision of misdemeanant offenders sentenced in a superior court must be based upon an offender classification system and supervision standards.
(2) Any entity under contract with the department of corrections pursuant to section 1 of this act shall establish and maintain a classification system that:
(a) Provides for a standardized assessment of offender risk;
(b) Differentiates between higher and lower risk offenders based on criminal history and current offense;
(c) Assigns cases to a level of supervision based on assessed risk;
(d) Provides, at a minimum, three levels of supervision;
(e) Provides for periodic review of an offender's classification level during the term of supervision; and
(f) Structures the discretion and decision making of supervising officers.
(3) Any entity under contract with the department of corrections pursuant to section 1 of this act may establish and maintain supervision standards that:
(a) Identify the frequency and nature of offender contact within each of at least three classification levels;
(b) Provide for a minimum of one face-to-face contact each month with offenders classified at the highest level of risk;
(c) Provide for a minimum of one personal contact per quarter for lower-risk offenders;
(d) Provide for specific reporting requirements for offenders within each level of the classification system;
(e) Assign higher-risk offenders to staff trained to deal with higher-risk offenders;
(f) Verify compliance with sentence conditions imposed by the court; and
(g) Report to the court violations of sentence conditions as appropriate.
(4) Under no circumstances may an entity under contract with the department of corrections pursuant to section 1 of this act establish or maintain supervision that is less stringent than that offered by the department.
(5) The minimum supervision standards established and maintained by the department of corrections shall provide for no less than one contact per quarter for misdemeanant probationers under its jurisdiction. The contact shall be a personal interaction accomplished either face-to-face or by telephone, unless the department finds that the individual circumstances of the offender do not require personal interaction to meet the objectives of the supervision. The circumstances under which the department may find that an offender does not require personal interaction are limited to the following: (a) The offender has no special conditions or crime-related prohibitions imposed by the court other than legal financial obligations; and (b) the offender poses minimal risk to public safety.
(6) The classification system and supervision standards must be established and met within the resources available as provided for by the legislature and the cost of supervision assessments collected, and may be enhanced by funds otherwise generated by the supervising entity.
Sec. 3. RCW 9.95.210 and 1995 1st sp.s. c 19 s 29 are each amended to read as follows:
(1) In granting probation, the superior court may suspend the imposition or the execution of the sentence and may direct that the suspension may continue upon such conditions and for such time as it shall designate, not exceeding the maximum term of sentence or two years, whichever is longer.
(2) In the order granting probation and as a condition thereof, the superior court may in its discretion imprison the defendant in the county jail for a period not exceeding one year and may fine the defendant any sum not exceeding the statutory limit for the offense committed, and court costs. As a condition of probation, the superior court shall require the payment of the penalty assessment required by RCW 7.68.035. The superior court may also require the defendant to make such monetary payments, on such terms as it deems appropriate under the circumstances, as are necessary: (a) To comply with any order of the court for the payment of family support; (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement; (c) to pay such fine as may be imposed and court costs, including reimbursement of the state for costs of extradition if return to this state by extradition was required; (d) following consideration of the financial condition of the person subject to possible electronic monitoring, to pay for the costs of electronic monitoring if that monitoring was required by the court as a condition of release from custody or as a condition of probation; (e) to contribute to a county or interlocal drug fund; and (f) to make restitution to a public agency for the costs of an emergency response under RCW 38.52.430, and may require bonds for the faithful observance of any and all conditions imposed in the probation.
(3) The superior court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the superior court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the superior court within one year of imposition of the sentence for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the superior court shall hold a restitution hearing and shall enter a restitution order.
(4) In granting probation, the superior court may order the probationer to report to the secretary of corrections or such officer as the secretary may designate and as a condition of the probation to follow the instructions of the secretary. If the county legislative authority has elected to assume responsibility for the supervision of superior court misdemeanant probationers within its jurisdiction, the superior court misdemeanant probationer shall report to a probation officer employed or contracted for by the county. In cases where a superior court misdemeanant probationer is sentenced in one county, but resides within another county, there must be provisions for the probationer to report to the agency having supervision responsibility for the probationer's county of residence.
(5) If the probationer has been ordered to make restitution and the superior court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made. If the superior court has ordered supervision and restitution has not been made as ordered, the officer shall inform the prosecutor of that violation of the terms of probation not less than three months prior to the termination of the probation period. The secretary of corrections will promulgate rules and regulations for the conduct of the person during the term of probation. For defendants found guilty in district court, like functions as the secretary performs in regard to probation may be performed by probation officers employed for that purpose by the county legislative authority of the county wherein the court is located.
Sec. 4. RCW 9.95.214 and 1995 1st sp.s. c 19 s 32 are each amended to read as follows:
Whenever a defendant convicted of a misdemeanor or gross misdemeanor is placed on probation under RCW 9.92.060 or 9.95.210, and the defendant is supervised by the department of corrections or a county probation department, the department or county probation department may assess and collect from the defendant for the duration of the term of supervision a monthly assessment not to exceed one hundred dollars per month. This assessment shall be paid to the ((department)) agency supervising the defendant and shall be applied, along with funds appropriated by the legislature, toward the payment or part payment of the cost of supervising the defendant.
Sec. 5. RCW 9.92.060 and 1995 1st sp.s. c 19 s 30 are each amended to read as follows:
(1) Whenever any person is convicted of any crime except murder, burglary in the first degree, arson in the first degree, robbery, rape of a child, or rape, the superior court may, in its discretion, at the time of imposing sentence upon such person, direct that such sentence be stayed and suspended until otherwise ordered by ((such)) the superior court, and that the sentenced person be placed under the charge of a community corrections officer employed by the department of corrections, or if the county elects to assume responsibility for the supervision of all superior court misdemeanant probationers a probation officer employed or contracted for by the county, upon such terms as the superior court may determine.
(2) As a condition to suspension of sentence, the superior court shall require the payment of the penalty assessment required by RCW 7.68.035. In addition, the superior court may require the convicted person to make such monetary payments, on such terms as the superior court deems appropriate under the circumstances, as are necessary: (a) To comply with any order of the court for the payment of family support; (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement; (c) to pay any fine imposed and not suspended and the court or other costs incurred in the prosecution of the case, including reimbursement of the state for costs of extradition if return to this state by extradition was required; and (d) to contribute to a county or interlocal drug fund.
(3) As a condition of the suspended sentence, the superior court may order the probationer to report to the secretary of corrections or such officer as the secretary may designate and as a condition of the probation to follow the instructions of the secretary. If the county legislative authority has elected to assume responsibility for the supervision of superior court misdemeanant probationers within its jurisdiction, the superior court misdemeanant probationer shall report to a probation officer employed or contracted for by the county. In cases where a superior court misdemeanant probationer is sentenced in one county, but resides within another county, there must be provisions for the probationer to report to the agency having supervision responsibility for the probationer's county of residence.
(4) If restitution to the victim has been ordered under subsection (2)(b) of this section and the superior court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made as ordered. If the superior court has ordered supervision and restitution has not been made, the officer shall inform the prosecutor of that violation of the terms of the suspended sentence not less than three months prior to the termination of the suspended sentence.
Sec. 6. RCW 10.64.120 and 1991 c 247 s 3 are each amended to read as follows:
(1) Every judge of a court of limited jurisdiction shall have the authority to levy upon a person a monthly assessment not to exceed ((fifty)) one hundred dollars for services provided whenever ((a)) the person is referred by the court to the misdemeanant probation department for evaluation or supervision services. The assessment may also be made by a ((sentencing)) judge in superior court when such misdemeanor or gross misdemeanor cases are heard in the superior court.
(2) For the purposes of this section the office of the administrator for the courts shall define a probation department and adopt rules for the qualifications of probation officers based on occupational and educational requirements developed by an oversight committee. This oversight committee shall include a representative from the district and municipal court judges association, the misdemeanant corrections association, the office of the administrator for the courts, and associations of cities and counties. The oversight committee shall consider qualifications that provide the training and education necessary to (a) conduct presentencing and postsentencing background investigations, including sentencing recommendations to the court regarding jail terms, alternatives to incarceration, and conditions of release; and (b) provide ongoing supervision and assessment of offenders' needs and the risk they pose to the community.
(3) It shall be the responsibility of the probation services office to implement local procedures approved by the court of limited jurisdiction to ensure collection and payment of such fees into the general fund of the city or county treasury.
(((3))) (4) Revenues raised under this section shall be used to fund programs for probation services and shall be in addition to those funds provided in RCW 3.62.050.
Sec. 7. RCW 36.01.070 and 1967 c 200 s 9 are each amended to read as follows:
Notwithstanding the provisions of chapter 72.01 RCW or any other provision of law, counties may engage in probation and parole services and employ personnel therefor under such terms and conditions as any such county shall so determine. If a county elects to assume responsibility for the supervision of superior court misdemeanant offenders placed on probation under RCW 9.92.060 or 9.95.210, the county may contract with other counties to receive or provide such probation services. A county may also enter into partnership agreements with the department of corrections under RCW 72.09.300."
On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 9.95.210, 9.95.214, 9.92.060, 10.64.120, and 36.01.070; and adding new sections to chapter 9.95 RCW."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
There being no objection the House concurs in the Senate amendments to Substitute House Bill No. 2533 and pass the bill as amended by the Senate.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 2533 as amended by the Senate.
Representatives Hickel and Costa spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2533, as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.
Substitute House Bill No. 2533 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 7, 1996
Mr. Speaker:
Under suspension of rules, the Senate returned SUBSTITUTE HOUSE BILL NO. 2386 to Second Reading for purpose of amendment. The Senate passed the bill with the attached striking amendments (2386-S AAS 3/7/96)
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that many individuals and small businesses who are required to comply with laws and agency rules often do not have access to the Revised Code of Washington, the Washington Administrative Code, the United States Code, or the Code of Federal Regulations. In this case, those informed of violations do not know whether, or to what extent, the cited law or agency rule actually applies to their situation. In order to facilitate greater understanding of the law and agency rules, the legislature finds that those who make the effort to obtain technical assistance from a regulatory agency, and those who are issued a notice of correction, should be given the text of the specific section or subsection of the law or agency rule they are alleged to have violated.
Sec. 2. RCW 43.05.030 and 1995 c 403 s 604 are each amended to read as follows:
(1) For the purposes of this chapter, a technical assistance visit is a visit by a regulatory agency to a facility, business, or other location that:
(a) Has been requested or is voluntarily accepted; and
(b) Is declared by the regulatory agency at the beginning of the visit to be a technical assistance visit.
(2) A technical assistance visit also includes a consultative visit pursuant to RCW 49.17.250.
(3) During a technical assistance visit, or within a reasonable time thereafter, a regulatory agency shall inform the owner or operator of the facility of any violations of law or agency rules identified by the agency as follows:
(a) A description of the condition that is not in compliance and ((a specific citation to)) the text of the specific section or subsection of the applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the agency requires compliance to be achieved;
(d) Notice of the means to contact any technical assistance services provided by the agency or others; and
(e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the agency.
Sec. 3. RCW 43.05.060 and 1995 c 403 s 607 are each amended to read as follows:
(1) If in the course of any site inspection or visit that is not a technical assistance visit, the department of ecology becomes aware of conditions that are not in compliance with applicable laws and rules enforced by the department and are not subject to civil penalties as provided for in RCW 43.05.070, the department may issue a notice of correction to the responsible party that shall include:
(a) A description of the condition that is not in compliance and ((a specific citation to)) the text of the specific section or subsection of the applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the department requires compliance to be achieved;
(d) Notice of the means to contact any technical assistance services provided by the department or others; and
(e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department.
(2) A notice of correction is not a formal enforcement action, is not subject to appeal, and is a public record.
(3) If the department issues a notice of correction, it shall not issue a civil penalty for the violations identified in the notice of correction unless the responsible party fails to comply with the notice.
Sec. 4. RCW 43.05.090 and 1995 c 403 s 610 are each amended to read as follows:
(1) Following a consultative visit pursuant to RCW 49.17.250, the department of labor and industries shall issue a report to the employer that the employer shall make available to its employees. The report shall contain:
(a) A description of the condition that is not in compliance and ((a specific citation to)) the text of the specific section or subsection of the applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the department requires compliance to be achieved;
(d) Notice of means to contact technical assistance services provided by the department; and
(e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department.
(2) Following a compliance inspection pursuant to RCW 49.17.120, the department of labor and industries shall issue a citation for violations of industrial safety and health standards. The citation shall not assess a penalty if the violations:
(a) Are determined not to be of a serious nature;
(b) Have not been previously cited;
(c) Are not willful; and
(d) Do not have a mandatory penalty under chapter 49.17 RCW.
Sec. 5. RCW 43.05.100 and 1995 c 403 s 611 are each amended to read as follows:
(1) If in the course of any inspection or visit that is not a technical assistance visit, the department of agriculture, fish and wildlife, health, licensing, or natural resources becomes aware of conditions that are not in compliance with applicable laws and rules enforced by the department and are not subject to civil penalties as provided for in RCW 43.05.110, the department may issue a notice of correction to the responsible party that shall include:
(a) A description of the condition that is not in compliance and ((a specific citation to)) the text of the specific section or subsection of the applicable state or federal law or rule;
(b) A statement of what is required to achieve compliance;
(c) The date by which the department requires compliance to be achieved;
(d) Notice of the means to contact any technical assistance services provided by the department or others; and
(e) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department.
(2) A notice of correction is not a formal enforcement action, is not subject to appeal, and is a public record.
(3) If the department issues a notice of correction, it shall not issue a civil penalty for the violations identified in the notice of correction unless the responsible party fails to comply with the notice.
NEW SECTION. Sec. 6. A new section is added to chapter 35.21 RCW to read as follows:
(1) A property owner may make a written request for a statement of restrictions applicable to a single parcel, tract, lot, or block of real property to the city or town in which the real property is located.
(2) Within thirty days of the receipt of the request, the city or town shall provide the owner with a statement of restrictions as described in subsection (3) of this section.
(3) The statement of restrictions shall include the following:
(a) The zoning currently applicable to the real property;
(b) Pending zoning changes currently advertised for public hearing that would be applicable to the real property; and
(c) Any designations made by the city or town pursuant to chapter 36.70A RCW of any portion of the real property as agricultural land, forest land, mineral resource land, wetland, an area with a critical recharging effect on aquifers used for potable water, a fish and wildlife habitat conservation area, a frequently flooded area, and as a geological hazardous area.
(4) If a city or town fails to provide the statement of restrictions within thirty days after receipt of the written request, the owner shall be awarded recovery of all attorneys' fees and costs incurred in any successful application for a writ of mandamus to compel production of a statement.
(5) For purposes of this section:
(a) "Owner" means any vested owner or any person holding the buyer's interest under a recorded real estate contract in which the seller is the vested owner; and
(b) "Real property" means a parcel, tract, lot or block: (i) Containing a single-family residence that is occupied by the owner or a member of his or her family, or rented to another by the owner; or (ii) five acres or less in size.
(6) This section does not affect the vesting of permits or development rights.
Nothing in this section shall be deemed to create any liability on the part of a city or town to pay damages for a violation of this section.
NEW SECTION. Sec. 7. A new section is added to chapter 35A.21 RCW to read as follows:
(1) A property owner may make a written request for a statement of restrictions applicable to a single parcel, tract, lot, or block of real property to the code city in which the real property is located.
(2) Within thirty days of the receipt of the request, the code city shall provide the owner, by registered mail, with a statement of restrictions as described in subsection (3) of this section.
(3) The statement of restrictions shall include the following:
(a) The zoning currently applicable to the real property;
(b) Pending zoning changes currently advertised for public hearing that would be applicable to the real property;
(c) Any designations made by the code city pursuant to chapter 36.70A RCW of any portion of the real property as agricultural land, forest land, mineral resource land, wetland, an area with a critical recharging effect on aquifers used for potable water, a fish and wildlife habitat conservation area, a frequently flooded area, and as a geological hazardous area; and
(d) If information regarding the designations listed in (c) of this subsection are not readily available, inform the owner of the procedure by which the owner can obtain that site-specific information from the code city.
(4) If a code city fails to provide the statement of restrictions within thirty days after receipt of the written request, the owner shall be awarded recovery of all attorneys' fees and costs incurred in any successful application for a writ of mandamus to compel production of a statement.
(5) For purposes of this section:
(a) "Owner" means any vested owner or any person holding the buyer's interest under a recorded real estate contract in which the seller is the vested owner; and
(b) "Real property" means a parcel, tract, lot or block: (i) Containing a single-family residence that is occupied by the owner or a member of his or her family, or rented to another by the owner; or (ii) five acres or less in size.
(6) This section does not affect the vesting of permits or development rights.
Nothing in this section shall be deemed to create any liability on the part of a code city.
NEW SECTION. Sec. 8. A new section is added to chapter 36.70 RCW to read as follows:
(1) A property owner may make a written request for a statement of restrictions applicable to a single parcel, tract, lot, or block of real property located in an unincorporated portion of a county to the county in which the real property is located.
(2) Within thirty days of the receipt of the request, the county shall provide the owner, by registered mail, with a statement of restrictions as described in subsection (3) of this section.
(3) The statement of restrictions shall include the following:
(a) The zoning currently applicable to the real property;
(b) Pending zoning changes currently advertised for public hearing that would be applicable to the real property;
(c) Any designations made by the county pursuant to chapter 36.70A RCW of any portion of the real property as agricultural land, forest land, mineral resource land, wetland, an area with a critical recharging effect on aquifers used for potable water, a fish and wildlife habitat conservation area, a frequently flooded area, and as a geological hazardous area; and
(d) If information regarding the designations listed in (c) of this subsection are not readily available, inform the owner of the procedure by which the owner can obtain that site-specific information from the county.
(4) If a county fails to provide the statement of restrictions within thirty days after receipt of the written request, the owner shall be awarded recovery of all attorneys' fees and costs incurred in any successful application for a writ of mandamus to compel production of a statement.
(5) For purposes of this section:
(a) "Owner" means any vested owner or any person holding the buyer's interest under a recorded real estate contract in which the seller is the vested owner; and
(b) "Real property" means a parcel, tract, lot or block: (i) Containing a single-family residence that is occupied by the owner or a member of his or her family, or rented to another by the owner; or (ii) five acres or less in size.
(6) This section does not affect the vesting of permits or development rights.
Nothing in this section shall be deemed to create any liability on the part of a county.
NEW SECTION. Sec. 9. A new section is added to chapter 36.70B RCW to read as follows:
(1) Each county and city having populations of ten thousand or more that plan under RCW 36.70A.040 shall designate permit assistance staff whose function it is to assist permit applicants. An existing employee may be designated as the permit assistance staff.
(2) Permit assistance staff designated under this section shall:
(a) Make available to permit applicants all current local government regulations and adopted policies that apply to the subject application. The local government shall provide counter copies thereof and, upon request, provide copies according to chapter 42.17 RCW. The staff shall also publish and keep current one or more handouts containing lists and explanations of all local government regulations and adopted policies;
(b) Establish and make known to the public the means of obtaining the handouts and related information; and
(c) Provide assistance regarding the application of the local government's regulations in particular cases.
(3) Permit assistance staff designated under this section may obtain technical assistance and support in the compilation and production of the handouts under subsection (2) of this section from the municipal research council and the department of community, trade, and economic development.
NEW SECTION. Sec. 10. A new section is added to chapter 43.110 RCW to read as follows:
The municipal research council shall provide technical assistance in the compilation of and support in the production of the handouts to be published and kept current by counties and cities under section 9 of this act.
NEW SECTION. Sec. 11. A new section is added to chapter 43.330 RCW to read as follows:
The department shall provide technical assistance in the compilation of and support in the production of the handouts to be published and kept current by counties and cities under section 9 of this act.
Sec. 12. RCW 34.05.230 and 1995 c 403 s 702 are each amended to read as follows:
(1) If the adoption of rules is not feasible and practicable, an agency is encouraged to advise the public of its current opinions, approaches, and likely courses of action by means of interpretive or policy statements. Current interpretive and policy statements are advisory only. To better inform and involve the public, an agency is encouraged to convert long-standing interpretive and policy statements into rules.
(2) A person may petition an agency requesting the conversion of interpretive and policy statements into rules. Upon submission, the agency shall notify the joint administrative rules review committee of the petition. Within sixty days after submission of a petition, the agency shall either deny the petition in writing, stating its reasons for the denial, or initiate rule-making proceedings in accordance with this chapter.
(3) Each agency shall maintain a roster of interested persons, consisting of persons who have requested in writing to be notified of all interpretive and policy statements issued by that agency. Each agency shall update the roster once each year and eliminate persons who do not indicate a desire to continue on the roster. Whenever an agency issues an interpretive or policy statement, it shall send a copy of the statement to each person listed on the roster. The agency may charge a nominal fee to the interested person for this service.
(4) Whenever an agency issues an interpretive or policy statement, it shall submit to the code reviser for publication in the Washington State Register a statement describing the subject matter of the interpretive or policy statement, and listing the person at the agency from whom a copy of the interpretive or policy statement may be obtained.
NEW SECTION. Sec. 13. Sections 6 through 8 of this act take effect January 1, 1997."
On page 1, line 2 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 43.05.030, 43.05.060, 43.05.090, 43.05.100, and 34.05.230; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 36.70B RCW; adding a new section to chapter 43.110 RCW; adding a new section to chapter 43.330 RCW; creating a new section; and providing an effective date."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
There being no objection the House concurs in the Senate amendments to Substitute House Bill No. 2386 and pass the bill as amended by the Senate.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 2386 as amended by the Senate.
Representative D. Schmidt spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2386 , as amended by the Senate and the bill passed the House by the following vote: Yeas - 96, Nays - 2, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 96.
Voting nay: Representatives Beeksma and Clements - 2.
Substitute House Bill No. 2386 as amended by the Senate, having received the constitutional majority, was declared passed.
I intended to vote YEA on Substitute House Bill No. 2386.
JAMES CLEMENTS, 14th District
MESSAGES FROM THE SENATE
March 7, 1996
Mr. Speaker:
The Senate has concurred in the House amendments and has passed the following bills as amended by the House:
SECOND SUBSTITUTE SENATE BILL NO. 5053,
and the same is herewith transmitted.
Marty Brown, Secretary
March 7, 1996
Mr. Speaker:
The President has signed:
SECOND SUBSTITUTE SENATE BILL NO. 5053,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6211,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6392,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6251,
and the same are herewith transmitted.
Marty Brown, Secretary
March 7, 1996
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 6257 and has passed the bill as recommended by the Conference Committee.
and the same is herewith transmitted.
Marty Brown, Secretary
March 7, 1996
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on SENATE BILL NO. 6247 and has passed the bill as recommended by the Conference Committee.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
March 7, 1996
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 6285 and has passed the bill as recommended by the Conference Committee.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
March 7, 1996
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 6666 and has passed the bill as recommended by the Conference Committee.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
March 7, 1996
Mr. Speaker
The Senate receded from its amendments to HOUSE BILL NO. 2716 and passed the bill without the Senate amendments.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
March 7, 1996
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on SECOND SUBSTITUTE SENATE BILL NO. 5258 and has passed the bill as recommended by the Conference Committee.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
March 5, 1996
Mr. Speaker:
The Senate insists on its position regarding it amendments to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2875 and again asks the House to concur therein.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
There being no objection the House insists on its position regarding the Senate amendments to Engrossed Substitute House Bill No. 2875 and ask the Senate to recede therefrom.
The Speaker declared the House to be at ease.
The Speaker (Representative Horn presiding) called the House to order.
The Speaker assumed the chair.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
SECOND SUBSTITUTE SENATE BILL NO. 5053,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6211,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6392,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6251,
The Speaker called on Representative Horn to preside.
MESSAGES FROM THE SENATE
March 7, 1996
Mr. Speaker:
The Senate has passed:
and the same are herewith transmitted.
Marty Brown, Secretary
March 7, 1996
Mr. Speaker:
The Senate receded from its amendment on page 4, after line 7, including the title amendment to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2828 and passed the bill without said amendment, but with the other Senate amendments.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
There being no objection, Senate Bill No. 6401 was read the first time.
There being no objection, the rules were suspended and Senate Bill No. 6401 was advanced to second reading.
SENATE BILL NO. 6401, by Senators Bauer, Sellar, Snyder, Newhouse, Sutherland, Zarelli, Sheldon, A. Anderson, Spanel and Roach; by request of Department of Revenue
Providing a sales and use tax exemption for carbon used in producing aluminum.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Pennington and Dickerson spoke in favor of passage of the.
Speaker stated the question before the House to be final passage of Senate Bill No. 6401.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6401 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.
Senate Bill No. 6401, having received the constitutional majority, was declared passed.
There being no objection, Senate Bill No. 6526 was read the first time.
There being no objection, the rules were suspended and Senate Bill No. 6526 was advanced to second reading.
SENATE BILL NO. 6526, by Senators Spanel, Roach and Kohl
Exempting from sales and use tax medicines prescribed by naturopaths.
The bill was read the second time.
MOTION
On motion of Representative Robertson, Representative Mastin was excused.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives B. Thomas and Dickerson spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Senate Bill No. 6526.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6526 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Mastin - 1.
Senate Bill No. 6526, having received the constitutional majority, was declared passed.
MESSAGES FROM THE SENATE
March 7, 1996
Mr. Speaker:
The Senate has passed:
SUBSTITUTE HOUSE BILL NO. 2119,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2214,
SUBSTITUTE HOUSE BILL NO. 2447,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2695,
SUBSTITUTE HOUSE BILL NO. 2778,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
March 7, 1996
Mr. Speaker:
The Senate has adopted:
HOUSE CONCURRENT RESOLUTION NO. 4423,
HOUSE CONCURRENT RESOLUTION NO. 4424,
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
SENATE AMENDMENTS TO HOUSE BILL
March 7, 1996
Mr. Speaker:
Under suspension of rules, the Senate returned HOUSE BILL NO. 2567 to Second Reading for purpose of amendment. The Senate passed the bill with the attached striking amendments (2567 aas 3/7/96 s5842.1),
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.70B.130 and 1995 c 347 s 417 are each amended to read as follows:
A local government planning under RCW 36.70A.040 shall provide a notice of decision that also includes a statement of any threshold determination made under chapter 43.21C RCW and the procedures for administrative appeal, if any. The notice of decision may be a copy of the report or decision on the project permit application. The notice shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. The local government shall provide for notice of its decision as provided in RCW 36.70B.110(4), which shall also state that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. The local government shall provide notice of decision to the county assessor's office of the county or counties in which the property is situated.
NEW SECTION. Sec. 2. A new section is added to chapter 35.22 RCW to read as follows:
By July 31, 1997, a first class city planning under RCW 36.70A.040 shall provide to the county assessor a copy of the first class city's comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year.
NEW SECTION. Sec. 3. A new section is added to chapter 35.63 RCW to read as follows:
By July 31, 1997, a city planning under RCW 36.70A.040 shall provide to the county assessor a copy of the city's comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year.
NEW SECTION. Sec. 4. A new section is added to chapter 35A.63 RCW to read as follows:
By July 31, 1997, a code city planning under RCW 36.70A.040 shall provide to the county assessor a copy of the code city's comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year.
NEW SECTION. Sec. 5. A new section is added to chapter 36.70 RCW to read as follows:
By July 31, 1997, a county planning under RCW 36.70A.040 shall provide to the county assessor a copy of the county's comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year.
NEW SECTION. Sec. 6. A new section is added to chapter 36.70B RCW to read as follows:
By July 31, 1997, a local government planning under RCW 36.70A.040 shall provide to the county assessor a copy of the local government's comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year.
Sec. 7. RCW 84.41.030 and 1982 1st ex.s. c 46 s 1 are each amended to read as follows:
Each county assessor shall maintain an active and systematic program of revaluation on a continuous basis, and shall establish a revaluation schedule which will result in revaluation of all taxable real property within the county at least once each four years and physical inspection of all taxable real property within the county at least once each six years. Each county assessor may disregard any program of revaluation, if requested by a property owner, and change, as appropriate, the valuation of real property upon the receipt of a notice of decision received under RCW 36.70B.130, section 8 of this act, or chapter 35.22, 35.63, 35A.63, or 36.70 RCW pertaining to the value of the real property.
NEW SECTION. Sec. 8. A new section is added to chapter 90.60 RCW to read as follows:
(1) A state permit agency shall forward to the appropriate county assessor a notice of the agency's final decision with respect to a permit sought from the agency in connection with a project permit application as defined in RCW 36.70B.020.
(2) For the purposes of this section:
(a) "Permit" means a license, certificate, registration, permit, or other form of authorization required by a permit agency in connection with a project permit application as defined in RCW 36.70B.020; and
(b) "State permit agency" means the department of ecology, the department of natural resources, the department of fish and wildlife, or the department of health."
On page 1, line 2 of the title, after "property;" strike the remainder of the title and insert "amending RCW 36.70B.130 and 84.41.030; adding a new section to chapter 35.22 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 36.70B RCW; and adding a new section to chapter 90.60 RCW."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
There being no objection the House concurs in the Senate amendments to House Bill No. 2567 and pass the bill as amended by the Senate.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of House Bill No. 2567 as amended by the Senate.
Representatives Wolfe and D. Schmidt spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2567, as amended by the Senate and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Mastin - 1.
House Bill No. 2567 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 7, 1996
Mr. Speaker:
The Senate has passed SECOND SUBSTITUTE HOUSE BILL NO. 2856 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) There is created the legislative children's oversight committee for the purpose of monitoring and ensuring compliance with administrative acts, relevant statutes, rules, and policies pertaining to family and children services and the placement, supervision, and treatment of children in the state's care or in state-licensed facilities or residences. The committee shall consist of three senators and three representatives from the legislature. The senate members of the committee shall be appointed by the president of the senate. The house members of the committee shall be appointed by the speaker of the house. Not more than two members from each chamber shall be from the same political party. Members shall be appointed before the close of each regular session of the legislature during an odd-numbered year.
(2) The committee shall have the following powers:
(a) Selection of its officers and adopt rules for orderly procedure;
(b) Request investigations by the ombudsman of administrative acts;
(c) Receive reports of the ombudsman;
(d)(i) Obtain access to all relevant records in the possession of the ombudsman, except as prohibited by law; and (ii) make recommendations to all branches of government;
(e) Request legislation;
(f) Conduct hearings into such matters as it deems necessary.
(3) Upon receipt of records from the ombudsman, the committee is subject to the same confidentiality restrictions as the ombudsman under section 6 of this act.
NEW SECTION. Sec. 2. There is hereby created an office of the family and children's ombudsman within the office of the governor for the purpose of promoting public awareness and understanding of family and children services, identifying system issues and responses for the governor and the legislature to act upon, and monitoring and ensuring compliance with administrative acts, relevant statutes, rules, and policies pertaining to family and children's services and the placement, supervision, and treatment of children in the state's care or in state-licensed facilities or residences. The ombudsman shall report directly to the governor and shall exercise his or her powers and duties independently of the secretary.
NEW SECTION. Sec. 3. (1) The governor shall appoint an ombudsman who shall be a person of recognized judgment, independence, objectivity, and integrity, and shall be qualified by training or experience, or both, in family and children's services law and policy. Prior to the appointment, the governor shall consult with, and may receive recommendations from the committee, regarding the selection of the ombudsman.
(2) The person appointed ombudsman shall hold office for a term of three years and shall continue to hold office until reappointed or until his or her successor is appointed. The governor may remove the ombudsman only for neglect of duty, misconduct, or inability to perform duties. Any vacancy shall be filled by similar appointment for the remainder of the unexpired term.
NEW SECTION. Sec. 4. The ombudsman shall perform the following duties:
(1) Provide information as appropriate on the rights and responsibilities of individuals receiving family and children's services, and on the procedures for providing these services;
(2) Investigate, upon his or her own initiative or upon receipt of a complaint, an administrative act alleged to be contrary to law, rule, or policy, imposed without an adequate statement of reason, or based on irrelevant, immaterial, or erroneous grounds; however, the ombudsman may decline to investigate any complaint as provided by rules adopted under this chapter;
(3) Monitor the procedures as established, implemented, and practiced by the department to carry out its responsibilities in delivering family and children's services with a view toward appropriate preservation of families and ensuring children̓s health and safety;
(4) Review periodically the facilities and procedures of state institutions serving children, and state-licensed facilities or residences;
(5) Recommend changes in the procedures for addressing the needs of families and children;
(6) Submit annually to the committee and to the governor by November 1 a report analyzing the work of the office including recommendations;
(7) Grant the committee access to all relevant records in the possession of the ombudsman unless prohibited by law; and
(8) Adopt rules necessary to implement this chapter.
NEW SECTION. Sec. 5. The office of family and children's ombudsman shall be a juvenile justice or care agency for the purposes of chapter 13.50 RCW.
NEW SECTION. Sec. 6. The ombudsman shall treat all matters under investigation, including the identities of service recipients, complainants, and individuals from whom information is acquired, as confidential, except as far as disclosures may be necessary to enable the ombudsman to perform the duties of the office and to support any recommendations resulting from an investigation. Upon receipt of information that by law is confidential or privileged, the ombudsman shall maintain the confidentiality of such information and shall not further disclose or disseminate the information except as provided by applicable state or federal law. Investigative records of the office of the ombudsman are confidential and are exempt from public disclosure under chapter 42.17 RCW.
NEW SECTION. Sec. 7. Sections 1 through 3 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
On page 1, line 2 of the title, after "ombudsman;" strike the remainder of the title and insert "creating new sections; and declaring an emergency."
and the same are herewith transmitted.
Marty Brown, Secretary
There being no objection the House concurs in the Senate amendments to Second Substitute House Bill No. 2856 and pass the bill as amended by the Senate.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 2856 as amended by the Senate.
Representatives Cooke and Brown spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2856, as amended by the Senate and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Mastin - 1.
Second Substitute House Bill No. 2856 as amended by the Senate, having received the constitutional majority, was declared passed.
MESSAGES FROM THE SENATE
March 7, 1996
Mr. Speaker:
The Senate has concurred in the House amendments and has passed SENATE BILL NO. 6174 as amended by the House.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
SENATE AMENDMENTS TO HOUSE BILL
March 7, 1996
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2341 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 66.16.040 and 1995 c 16 s 1 are each amended to read as follows:
Except as otherwise provided by law, an employee in a state liquor store or agency may sell liquor to any person of legal age to purchase alcoholic beverages and may also sell to holders of permits such liquor as may be purchased under such permits.
Where there may be a question of a person's right to purchase liquor by reason of age, such person shall be required to present any one of the following officially issued cards of identification which shows his/her correct age and bears his/her signature and photograph:
(1) Liquor control authority card of identification of any state or province of Canada.
(2) Driver's license, instruction permit or identification card of any state or province of Canada, or "identicard" issued by the Washington state department of licensing pursuant to RCW 46.20.117.
(3) United States armed forces identification card issued to active duty, reserve, and retired personnel and the personnel's dependents.
(4) Passport.
(5) Merchant Marine identification card issued by the United States Coast Guard.
The board may adopt such regulations as it deems proper covering the acceptance of such cards of identification.
No liquor sold under this section shall be delivered until the purchaser has paid for the liquor in cash, except as allowed under section 2 of this act. The use of a personal credit card does not rely upon the credit of the state as prohibited by Article VIII, section 5 of the state Constitution.
NEW SECTION. Sec. 2. (1) The state liquor control board shall allow credit card purchases in a pilot project to study and test the use of credit cards in state liquor stores. In order to conduct the pilot project, the board shall, by rule:
(a) Establish the criteria for selecting store test sites;
(b) Limit the pilot project to eighteen months in duration;
(c) Include no more than twenty stores;
(d) Include the use of debit cards; and
(e) Allow only nonlicensees to make credit card purchases.
(2) The board shall provide a report of the results to the legislature by January 1, 1998.
Sec. 3. RCW 66.08.026 and 1983 c 160 s 2 are each amended to read as follows:
All administrative expenses of the board incurred on and after April 1, 1963 shall be appropriated and paid from the liquor revolving fund. These administrative expenses shall include, but not be limited to: The salaries and expenses of the board and its employees, the cost of establishing, leasing, maintaining, and operating state liquor stores and warehouses, legal services, pilot projects, annual or other audits, and other general costs of conducting the business of the board. The administrative expenses shall not, however, be deemed to include costs of liquor and lottery tickets purchased, the cost of transportation and delivery to the point of distribution, other costs pertaining to the acquisition and receipt of liquor and lottery tickets, packaging and repackaging of liquor, sales tax, and those amounts distributed pursuant to RCW 66.08.180, 66.08.190, 66.08.200, 66.08.210 and 66.08.220."
On page 1, line 2 of the title, after "stores;" strike the remainder of the title and insert "amending RCW 66.16.040 and 66.08.026; and creating a new section."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Cooke moved that the House concurs in the Senate amendments to House Bill No. 2341 and pass the bill as amended by the Senate.
Representatives Cooke, Basich and Romero spoke in favor of the motion.
Representative Hargrove spoke against the motion.
The motion was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of House Bill No. 2341 as amended by the Senate.
Representative Appelwick spoke in favor of passage of the bill.
Representative McMahan spoke against passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2341, as amended by the Senate and the bill passed the House by the following vote: Yeas - 59, Nays - 38, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Benton, Blanton, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Chopp, Cody, Conway, Cooke, Costa, Dellwo, Delvin, Dickerson, Dyer, Fisher, R., Grant, Hankins, Hickel, Honeyford, Horn, Huff, Jacobsen, Keiser, Kessler, Linville, Lisk, Mason, McMorris, Mitchell, Morris, Ogden, Poulsen, Quall, Radcliff, Reams, Regala, Romero, Rust, Scheuerman, Schmidt, D., Sehlin, Sheahan, Silver, Skinner, Sommers, H., Talcott, Thomas, L., Tokuda, Valle and Veloria - 59.
Voting nay: Representatives Beeksma, Boldt, Brown, Casada, Clements, Cole, Crouse, Elliot, Foreman, Fuhrman, Goldsmith, Hargrove, Hatfield, Hymes, Johnson, Koster, Lambert, McMahan, Mulliken, Murray, Patterson, Pelesky, Pennington, Robertson, Schmidt, K., Schoesler, Scott, Sheldon, Sherstad, Smith, Sommers, D., Sterk, Stevens, Thomas, B., Thompson, Van Luven, Wolfe and Mr. Speaker - 38.
Excused: Representative Mastin - 1.
House Bill No. 2341 as amended by the Senate, having received the constitutional majority, was declared passed.
MOTION
Representative Benton: Having voted on the prevailing side moved that the House immediately reconsider the vote on House Bill No. 2341.
The Speaker stated the question before the House to be final passage of House Bill No. 2341 as amended by the Senate on reconsideration.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2341 as amended by the Senate on reconsideration, and the bill passed the House by the following vote: Yeas - 54, Nays - 43, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Blanton, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Chandler, Chappell, Chopp, Cody, Conway, Cooke, Costa, Dellwo, Delvin, Dickerson, Dyer, Fisher, R., Grant, Hankins, Hickel, Horn, Huff, Jacobsen, Keiser, Kessler, Linville, Lisk, McMorris, Mitchell, Morris, Ogden, Radcliff, Reams, Regala, Romero, Rust, Scheuerman, Schmidt, D., Sehlin, Sheahan, Silver, Skinner, Sommers, H., Talcott, Thomas, L., Thompson and Valle - 54.
Voting nay: Representatives Beeksma, Benton, Boldt, Casada, Clements, Cole, Crouse, Elliot, Foreman, Fuhrman, Goldsmith, Hargrove, Hatfield, Honeyford, Hymes, Johnson, Koster, Lambert, Mason, McMahan, Mulliken, Murray, Patterson, Pelesky, Pennington, Poulsen, Quall, Robertson, Schmidt, K., Schoesler, Scott, Sheldon, Sherstad, Smith, Sommers, D., Sterk, Stevens, Thomas, B., Tokuda, Van Luven, Veloria, Wolfe and Mr. Speaker - 43.
Excused: Representative Mastin - 1.
House Bill No. 2341 as amended by the Senate on reconsideration, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 7, 1996
Mr. Speaker:
Under suspension of rules, the Senate returned ENGROSSED SUBSTITUTE HOUSE BILL NO. 2875 to Second Reading for purpose of amendments. The Senate passed the bill with the following amendments (2875-S.E AAS 3/7/96 S5894.1):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. FINDINGS. (1) The legislature finds that:
(a) Puget Sound and related inland marine waterways of Washington state represent a unique and unparalleled resource. A rich and varied range of marine organisms, comprising an interdependent, sensitive communal ecosystem reside in these sheltered waters. Residents of this region enjoy a way of life centered around the waters of Puget Sound, featuring accessible recreational opportunities, world-class port facilities and water transportation systems, harvest of marine food resources, shoreline-oriented life styles, water-dependent industries, tourism, irreplaceable aesthetics, and other activities, all of which to some degree depend upon a clean and healthy marine resource;
(b) The Puget Sound water quality authority has done an excellent job in developing a comprehensive plan to identify actions to restore and protect the biological health and diversity of Puget Sound;
(c) The large number of governmental entities that now have regulatory programs affecting the water quality of Puget Sound have diverse interests and limited jurisdictions that cannot adequately address the cumulative, wide-ranging impacts that contribute to the degradation of Puget Sound; and
(d) Coordination of the regulatory programs, at the state and local level, is best accomplished through the development of interagency mechanisms that allow these entities to transcend their diverse interests and limited jurisdictions.
(2) It is therefore the policy of the state of Washington to coordinate the activities of state and local agencies by establishing a biennial work plan that clearly delineates state and local actions necessary to protect and restore the biological health and diversity of Puget Sound. It is further the policy of the state to implement the Puget Sound water quality management plan to the maximum extent possible.
NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Action team" means the Puget Sound water quality action team.
(2) "Chair" means the chair of the action team.
(3) "Council" means the Puget Sound council created in section 4 of this act.
(4) "Puget Sound management plan" means the 1994 Puget Sound water quality management plan as it exists June 30, 1996, and as subsequently amended by the action team.
(5) "Support staff" means the staff to the action team.
(6) "Work plan" means the work plan and budget developed by the action team.
NEW SECTION. Sec. 3. PUGET SOUND ACTION TEAM. (1) The Puget Sound action team is created. The action team shall consist of: The directors of the departments of ecology; agriculture; natural resources; fish and wildlife; and community, trade, and economic development; the secretaries of the departments of health and transportation; the director of the parks and recreation commission; the director of the interagency committee for outdoor recreation; the administrative officer of the conservation commission designated in RCW 89.08.050; one person representing cities, appointed by the governor; one person representing counties, appointed by the governor; and the chair of the action team. The members representing cities and counties shall each be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(2) The action team shall:
(a) Prepare a Puget Sound work plan and budget for inclusion in the governor's biennial budget;
(b) Coordinate monitoring and research programs as provided in section 7 of this act;
(c) Work under the direction of the action team chair as provided in section 5 of this act;
(d) Coordinate permitting requirements as necessary to expedite permit issuance for any local watershed plan developed pursuant to rules adopted under this chapter;
(e) Identify and resolve any policy or rule conflicts that may exist between one or more agencies represented on the action team;
(f) Periodically amend the Puget Sound management plan;
(g) Enter into, amend, and terminate contracts with individuals, corporations, or research institutions for the purposes of this chapter;
(h) Receive such gifts, grants, and endowments, in trust or otherwise, for the use and benefit of the purposes of the action team. The action team may expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;
(i) Promote extensive public participation, and otherwise seek to broadly disseminate information concerning Puget Sound;
(j) Receive and expend funding from other public agencies;
(k) To reduce costs and improve efficiency, review by December 1, 1996, all requirements for reports and documentation from state agencies and local governments specified in the plan for the purpose of eliminating and consolidating reporting requirements; and
(l) Beginning in December 1998, and every two years thereafter, submit a report to the appropriate policy and fiscal committees of the legislature that describes and evaluates the successes and shortcomings of the current work plan relative to the priority problems identified for each geographic area of Puget Sound.
(3) By July 1, 1996, the action team shall begin developing its initial work plan, which shall include the coordination of necessary support staff.
(4) The action team shall incorporate, to the maximum extent possible, the recommendations of the council regarding amendments to the Puget Sound plan and the work plan.
(5) All proceedings of the action team are subject to the open public meetings act under chapter 42.30 RCW.
NEW SECTION. Sec. 4. PUGET SOUND COUNCIL. (1) There is established the Puget Sound council composed of nine members. Seven members shall be appointed by the governor. In making these appointments, the governor shall include representation from business, the environmental community, agriculture, the shellfish industry, counties, cities, and the tribes. One member shall be a member of the senate selected by the president of the senate and one member shall be a member of the house of representatives selected by the speaker of the house of representatives. The legislative members shall be nonvoting members of the council. Appointments to the council shall reflect geographical balance and the diversity of population within the Puget Sound basin. Members shall serve four-year terms. Of the initial members appointed to the council, two shall serve for two years, two shall serve for three years, and two shall serve for four years. Thereafter members shall be appointed to four-year terms. Vacancies shall be filled by appointment in the same manner as the original appointment for the remainder of the unexpired term of the position being vacated. Nonlegislative members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed as provided in RCW 44.04.120.
(2) The council shall:
(a) Recommend to the action team projects and activities for inclusion in the biennial work plan;
(b) Recommend to the action team coordination of work plan activities with other relevant activities, including but not limited to, agencies' activities other than those funded through the plan, local plan initiatives, and governmental and nongovernmental watershed restoration and protection activities; and
(c) Recommend to the action team proposed amendments to the Puget Sound management plan.
(3) The chair of the action team shall convene the council at least four times per year and shall jointly convene the council and the action team at least two times per year.
NEW SECTION. Sec. 5. GOVERNOR'S OFFICE. (1) By June 1, 1996, the governor shall appoint a person in the governor's office to chair the action team. The chair shall serve at the pleasure of the governor.
(2) The chair shall be responsible for:
(a) Organizing the development of the council recommendations;
(b) Organizing the development of the work plan required under section 6 of this act;
(c) Presenting work plan and budget recommendations to the governor and the legislature;
(d) Overseeing the implementation of the elements of the work plan that receive funding through appropriations by the legislature; and
(e) Serving as chair of the council.
(3) The chair of the action team shall be a full-time employee responsible for the administration of all functions of the action team and the council, including hiring and terminating support staff, budget preparation, contracting, coordinating with the governor, the legislature, and other state and local entities, and the delegation of responsibilities as deemed appropriate. The salary of the chair shall be fixed by the governor, subject to RCW 43.03.040.
NEW SECTION. Sec. 6. WORK PLANS. (1)(a) Each biennium, the action team shall prepare a Puget Sound work plan and budget for inclusion in the governor's biennial budget. The work plan shall prescribe the necessary federal, state, and local actions to maintain and enhance Puget Sound water quality, including but not limited to, enhancement of recreational opportunities, and restoration of a balanced population of indigenous shellfish, fish, and wildlife.
(b) In developing a work plan, the action team shall meet the following objectives:
(i) Use the plan elements of the Puget Sound management plan to prioritize local and state actions necessary to restore and protect the biological health and diversity of Puget Sound;
(ii) Consider the problems and priorities identified in local plans; and
(iii) Coordinate the work plan activities with other relevant activities, including but not limited to, agencies' activities that have not been funded through the plan, local plans, and governmental and nongovernmental watershed restoration activities.
(2) In addition to the requirements identified under section 3(2)(a) of this act, the work plan and budget shall:
(a) Identify and prioritize the local and state actions necessary to address the water quality problems in the following locations:
(i) Area 1: Island and San Juan counties;
(ii) Area 2: Skagit and Whatcom counties;
(iii) Area 3: Clallam and Jefferson counties;
(iv) Area 4: Snohomish, King, and Pierce counties; and
(v) Area 5: Kitsap, Mason, and Thurston counties;
(b) Provide sufficient funding to characterize local watersheds, provide technical assistance, and implement state responsibilities identified in the work plan. The number and qualifications of staff assigned to each region shall be determined by the types of problems identified pursuant to (a) of this subsection;
(c) Provide sufficient funding to implement and coordinate the Puget Sound ambient monitoring plan pursuant to section 7 of this act;
(d) Provide funds to assist local jurisdictions to implement elements of the work plan assigned to local governments and to develop and implement local plans;
(e) Provide sufficient funding to provide support staff for the action team; and
(f) Describe any proposed amendments to the Puget Sound plan.
(3) The work plan shall be submitted to the appropriate policy and fiscal committees of the legislature by December 20th of each even-numbered year.
(4) The work plan shall be implemented consistent with the legislative provisos of the biennial appropriation acts.
NEW SECTION. Sec. 7. PUGET SOUND RESEARCH AND MONITORING. In addition to other powers and duties specified in this chapter, the action team shall ensure implementation and coordination of the Puget Sound ambient monitoring program established in the Puget Sound management plan. The program shall include, at a minimum:
(1) A research program, including but not limited to methods to provide current research information to managers and scientists, and to establish priorities based on the needs of the action team;
(2) A monitoring program, including baselines, protocols, guidelines, and quantifiable performance measures. In consultation with state agencies, local and tribal governments, and other public and private interests, the action team shall develop and track quantifiable performance measures that can be used by the governor and the legislature to assess the effectiveness over time of programs and actions initiated under the plan to improve and protect Puget Sound water quality and biological resources. The performance measures shall be developed by June 30, 1997. The performance measures shall include, but not be limited to a methodology to track the progress of: Fish and wildlife habitat; sites with sediment contamination; wetlands; shellfish beds; and other key indicators of Puget Sound health. State agencies shall assist the action team in the development and tracking of these performance measures. The performance measures may be limited to a selected geographic area.
NEW SECTION. Sec. 8. WORK PLAN IMPLEMENTATION. (1) Local governments are required to implement local elements of the work plan subject to the availability of appropriated funds or other funding sources.
(2) The council shall review the progress of work plan implementation. Where prescribed actions have not been accomplished in accordance with the work plan, the responsible agency shall submit to the council written explanations for the shortfalls, together with proposed remedies.
NEW SECTION. Sec. 9. PUBLIC PARTICIPATION. The chair of the action team shall hold public hearings to solicit public comment on the work plan.
NEW SECTION. Sec. 10. RULE MAKING. By January 1, 1997, the action team shall adopt chapter 400-12 WAC with revisions that:
(1) Direct counties to develop a prioritized list of watershed improvement projects; and
(2) Identify all funding sources that can be used to implement local plans.
NEW SECTION. Sec. 11. (1) The powers, duties, and functions of the Puget Sound water quality authority pertaining to the cleanup and protection of Puget Sound are transferred to the Puget Sound action team. All references to the executive director or the Puget Sound water quality authority in the Revised Code of Washington shall be construed to mean the chair of the action team or the action team when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the authority pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the action team. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the authority in carrying out the powers, functions, and duties transferred shall be made available to the action team. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the action team.
(b) Any appropriations made to the authority for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the action team.
(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules and all pending business before the authority pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the action team. All existing contracts and obligations shall remain in full force and shall be performed by the action team.
(4) The transfer of the powers, duties, functions, and personnel of the authority shall not affect the validity of any act performed before the effective date of this section.
(5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
NEW SECTION. Sec. 12. The following acts or parts of acts are each repealed:
(1) RCW 90.70.065 and 1995 c 269 s 3501, 1994 c 264 s 98, & 1990 c 115 s 9;
(2) RCW 90.70.075 and 1990 c 115 s 10;
(3) RCW 90.70.090 and 1990 c 115 s 8; and
(4) RCW 90.70.100 and 1991 c 200 s 502.
NEW SECTION. Sec. 13. RCW 90.70.027 and 90.70.902 are each recodified as new sections in the new chapter created in section 16 of this act.
NEW SECTION. Sec. 14. CAPTIONS NOT LAW. Captions used in this chapter do not constitute any part of the law.
NEW SECTION. Sec. 15. This act may be known and cited as the Puget Sound water quality protection act.
NEW SECTION. Sec. 16. Sections 1 through 10, 14, and 15 of this act shall constitute a new chapter in Title 90 RCW.
NEW SECTION. Sec. 17. The sum of one million dollars, or as much thereof as may be necessary is appropriated for the biennium ending June 30, 1997, from the water quality account to the department of ecology. The amount appropriated in this section is provided solely for grants to local governments for on-site sewage system projects or programs identified in local watershed action plans. In issuing grants, the department shall give priority to areas that have formed shellfish protection districts under chapter 90.72 RCW, to areas that have created operation and maintenance programs, and to areas where failing on-site systems have contaminated or threaten to contaminate highly productive shellfish growing areas or recreational harvest areas. The department of ecology shall develop criteria for assistance that establishes higher priority for areas with substantial numbers of low-income households for which on-site system upgrades are proposed.
NEW SECTION. Sec. 18. Section 11 of this act shall take effect June 30, 1996.
NEW SECTION. Sec. 19. Section 5 of 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 shall take effect immediately."
On page 1, line 1 of the title, after "quality;" strike the remainder of the title and insert "adding a new chapter to Title 90 RCW; creating a new section; recodifying RCW 90.70.027 and 90.70.902; repealing RCW 90.70.065, 90.70.075, 90.70.090, and 90.70.100; making an appropriation; providing an effective date; and declaring an emergency."
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
Representative Chandler moved that the House concur in the Senate amendments to Engrossed Substitute House Bill No. 2875 and pass the bill as amended by the Senate.
Representatives Chandler and Appelwick spoke in favor of the motion and it was carried.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2875 as amended by the Senate.
Representatives Chandler, Chappell, Mitchell, Johnson, Sheldon and Huff spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2875, as amended by the Senate and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Mastin - 1.
Engrossed Substitute House Bill No. 2875 as amended by the Senate, having received the constitutional majority, was declared passed.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
MESSAGES FROM THE SENATE
March 7, 1996
Mr. Speaker:
The Senate has passed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 6137,
and the same is herewith transmitted.
Marty Brown, Secretary
March 7, 1996
Mr. Speaker:
The Senate has concurred in the House amendments and has passed SENATE BILL NO. 6174 as amended by the House.
and the same is herewith transmitted.
Marty Brown, Secretary
There being no objection, the Rules Committee was relieved of further consideration of Substitute Senate Bill No. 6111 and the bill was placed on the second reading calendar.
SUBSTITUTE SENATE BILL NO. 6111, by Senate Committee on Ways & Means (originally sponsored by Senators Sutherland, Hochstatter, Hargrove, Morton, Finkbeiner, Prince, Fraser, Swecker and Oke)
Providing for 911 emergency communications funding.
The bill was read the second time. Committee on Finance recommendation: Majority, do pass as amended. (For committee amendment, see Journal, 50th Day, February 26, 1996.)
There being no objection the committee amendment was adopted.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives B. Thomas, Sheldon, Schoesler and Brown spoke in favor of passage of the bill.
Representative Van Luven spoke against passage of the bill.
Representative Hatfield demanded the previous question and the demand was sustained.
The Speaker stated the question before the House to be final passage of Substitute Senate Bill No. 6111 as amended by the House.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6111 as amended by the House and the bill passed the House by the following vote: Yeas - 93, Nays - 4, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Veloria, Wolfe and Mr. Speaker - 93.
Voting nay: Representatives Carrell, Pennington, Sherstad and Van Luven - 4.
Excused: Representative Mastin - 1.
Substitute Senate Bill No. 6111 as amended by the House, having received the constitutional majority, was declared passed.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
SUBSTITUTE HOUSE BILL NO. 2119,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2214,
SUBSTITUTE HOUSE BILL NO. 2386,
SUBSTITUTE HOUSE BILL NO. 2447,
SUBSTITUTE HOUSE BILL NO. 2533,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2695,
SUBSTITUTE HOUSE BILL NO. 2778,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2828,
SECOND SUBSTITUTE HOUSE BILL NO. 2856,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2875,
HOUSE CONCURRENT RESOLUTION NO. 4423,
HOUSE CONCURRENT RESOLUTION NO. 4424,
MESSAGE FROM THE SENATE
March 7, 1996
Mr. Speaker:
The Senate has adopted:
SENATE CONCURRENT RESOLUTION NO. 8435,
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
There being no objection, Senate Concurrent Resolution No. 8435 was read the first time.
There being no objection, the rules were suspended and Senate Concurrent Resolution No. 8435 was advanced to second reading.
SENATE CONCURRENT RESOLUTION NO. 8435, by Senators Drew, Snyder, Oke, Hargrove, Owen, Rinehart and Bauer
Requesting an Attorney General's opinion concerning trust lands.
The resolution was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the resolution was placed on final adoption.
Representative Buck spoke in favor of adoption of the resolution.
Senate Concurrent Resolution No. 8435 was adopted.
There being no objection, Senate Bill No. 6511 was read the first time.
There being no objection, the rules were suspended and Senate Bill No. 6511 was advanced to second reading.
SENATE BILL NO. 6511, by Senators Loveland and Hale; by request of Governor Lowry
Providing sales and use tax exemptions for materials used in the construction of a laser interferometer gravitational wave observatory.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representatives Hankins and Dickerson spoke in favor of passage of the bill.
The Speaker stated the question before the House to be final passage of Senate Bill No. 6511.
ROLL CALL
The Clerk called the roll on the final passage of Senate Bill No. 6511 and the bill passed the House by the following vote: Yeas - 97, Nays - 0, Absent - 0, Excused - 1.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 97.
Excused: Representative Mastin - 1.
Senate Bill No. 6511, having received the constitutional majority, was declared passed.
Speaker: The Speaker would like to share some comments with you as the Session is wearing down, I would like to take a moment to acknowledge the hard work of all of our staff. Obviously there are too many staff to mention individually though there all deserving of individual acknowledgement. I would like however to note the extra ordinary efforts of one of our truly unsung heros; House Workroom Supervisor, VickiSue Anderson. Vicki's ability to keep things in order on the Rostrum is nothing short of exceptional. Staff in the workroom are here hours after we leave each evening. I'd also like to thank the dedicated staff who supports us in all aspects of running the Legislature, the Bill Room, Production Services, Security, Hot Line, Word Processing, Accounting, Program Research and the Cafeteria. To Vicki and all the rest who keep this institution running so smoothly, thank you very much.
The Speaker would also like to acknowledge some other people that are vital in keeping this organization running and until you have the experience of standing here and wanting to know what's going to happen next and being able to know that everything is running smooth and under control it is my pleasure tonight to say especially a big thank you to Chief Clerk, Tim Martin, to Assistant Chief Clerk, Sharon Hayward, to our Clerk, Jim Guthrie, and to my attorney who truly keeps me out of trouble, Allen Hayward. Please join me in saying thank you for a exceptional team.
Representative Appelwick: Thank you Mr. Speaker. I would like to join you and say especially to Chief Clerk, Martin, thank you for the accommodations as we geared up with Session staff, as we needed to find some changes in space to make our staff fit. I think we made some permanent changes there that will serve the institution well for getting the Video Conference Center on board on Campus and for working with us so well during this Session and also I think an extra word in working with Allen Hayward. I think part of what makes the floor work so smoothly is frankly having the ability to communicate well and to share what's going on. I remember when I came to this institution, Parliamentary maneuvers were the name of the game, you spent more time trying to figure out what the heck to do with the motions on the floor than you did with the substance. The fact that we can communicate well can share with each what's about to happen makes this place run very much more smoothly and the communication between Allen and Cathy Maynard of our staff has been very, very welcome and thank you both and thank you to the rest of the Rostrum staff.
Representative Romero: Thank you Mr. Speaker. I think it's appropriate now that we mention our Cafeteria staff. In the future we've tried to honor them with Resolutions and spiffy speeches and I just wanted to say that being one of the real minority that eats in the Cafeteria that's a vegetarian on the floor. They have just been wonderful in accommodating me without causing undo and extra expense to the Cafeteria fund which I know is limping around on a very low budget and I just wanted to thank them and they are great.
The Speaker declared the House to be at ease.
The Speaker (Representative Horn presiding) called the House to order.
MESSAGES FROM THE SENATE
March 7, 1996
Mr. Speaker:
The President has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1556,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2150,
SUBSTITUTE HOUSE BILL NO. 2167,
SUBSTITUTE HOUSE BILL NO. 2186,
SUBSTITUTE HOUSE BILL NO. 2195,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2217,
SUBSTITUTE HOUSE BILL NO. 2420,
SUBSTITUTE HOUSE BILL NO. 2478,
ENGROSSED HOUSE BILL NO. 2672,
SUBSTITUTE HOUSE BILL NO. 2785,
HOUSE JOINT MEMORIAL NO. 4043,
and the same are herewith transmitted.
Marty Brown, Secretary
March 7, 1996
Mr. Speaker:
The Senate has concurred in the House amendments to ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6705, and has passed the bill as amended by the House.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
March 7, 1996
Mr. Speaker:
The Senate has concurred in the House amendments to SUBSTITUTE SENATE BILL NO. 6637, and has passed the bill as amended by the House.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
SENATE AMENDMENTS TO HOUSE BILL
March 7, 1996
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2290 with the following amendments:
On page 2, line 2, after "equipment"" strike "is defined as provided in RCW 82.08.02565" and insert "means industrial fixtures, devices, and support facilities that are integral and necessary to the generation of electricity using the wind or sun energy as the principal source of power"
On page 2, line 4, after "(b)" insert ""Machinery and equipment" does not include: (i) Hand tools; (ii) property with a useful life of less than one year; (iii) repair parts required to restore machinery and equipment to normal working order; (iv) replacement parts that do not increase productivity, improve efficiency, or extend the useful life of machinery and equipment; (v) buildings; or (vi) building fixtures that are not integral and necessary to the generation of electricity that are permanently affixed to and become a physical part of a building;
(c)"
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
There being no objection the House concurs in the Senate amendments to House Bill No. 2290 and pass the bill as amended by the Senate.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 2290 as amended by the Senate.
Representative Honeyford spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2290, as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.
House Bill No. 2290 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 7, 1996
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2337 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.160.210 and 1991 c 314 s 25 are each amended to read as follows:
(1) Except as authorized to the contrary under subsection (2) of this section, from all funds available to the board for loans and grants, the board shall spend at least twenty percent for grants and loans for projects in distressed counties. For purposes of this section, the term "distressed counties" includes any county, in which: (a) The average level of unemployment for the three years before the year in which an application for a loan or grant is filed, exceeds the average state employment for those years by twenty percent; or (b) a county that has a median household income that is less than seventy-five percent of the state median household income for the previous three years.
(2) If at any time during the last six months of a biennium the board finds that the actual and anticipated applications for qualified projects in distressed counties are clearly insufficient to use up the twenty percent allocation, then the board shall estimate the amount of the insufficiency and during the remainder of the biennium may use that amount of the allocation for loans and grants for projects not located in distressed counties.
Sec. 2. RCW 43.165.010 and 1995 c 399 s 91 are each amended to read as follows:
Unless the context clearly requires to the contrary, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of community, trade, and economic development.
(2) "Director" means the director of the department.
(3) "Distressed area" means: (a) A county that has an unemployment rate that is twenty percent above the state-wide average for the previous three years; ((or)) (b) a county that has a median household income that is less than seventy-five percent of the state median household income for the previous three years; (c) a community or area that has experienced sudden and severe or long-term and severe loss of employment, or erosion of its economic base due to decline of its dominant industries; or (((c))) (d) an area within a county which area: (i) Is composed of contiguous census tracts; (ii) has a minimum population of five thousand persons; (iii) has at least seventy percent of its families and unrelated individuals with incomes below eighty percent of the county's median income for families and unrelated individuals; and (iv) has an unemployment rate which is at least forty percent higher than the county's unemployment rate. For purposes of this definition, "families and unrelated individuals" has the same meaning that is ascribed to that term by the federal department of housing and urban development in its regulations authorizing action grants for economic development and neighborhood revitalization projects.
(4) "Economic development revolving loan funds" means a local, not-for-profit or governmentally sponsored business loan program.
(5) "Team" means the community revitalization team.
(6) "Technical assistance" includes, but is not limited to, assistance with strategic planning, market research, business plan development review, organization and management development, accounting and legal services, grant and loan packaging, and other assistance which may be expected to contribute to the redevelopment and economic well-being of a distressed area.
Sec. 3. RCW 43.168.020 and 1995 c 226 s 27 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Committee" means the Washington state development loan fund committee.
(2) "Department" means the department of community, trade, and economic development.
(3) "Director" means the director of community, trade, and economic development.
(4) "Distressed area" means: (a) A county which has an unemployment rate which is twenty percent above the state average for the immediately previous three years; (b) a county that has a median household income that is less than seventy-five percent of the state median household income for the previous three years; (c) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent((. Applications under this subsection (4)(b) shall be filed by April 30, 1989; (c))); (d) an area within a county, which area: (i) Is composed of contiguous census tracts; (ii) has a minimum population of five thousand persons; (iii) has at least seventy percent of its families and unrelated individuals with incomes below eighty percent of the county's median income for families and unrelated individuals; and (iv) has an unemployment rate which is at least forty percent higher than the county's unemployment rate; or (((d))) (e) a county designated as a rural natural resources impact area under RCW 43.31.601 if an application is filed by July 1, ((1993)) 1997. For purposes of this definition, "families and unrelated individuals" has the same meaning that is ascribed to that term by the federal department of housing and urban development in its regulations authorizing action grants for economic development and neighborhood revitalization projects.
(5) "Fund" means the Washington state development loan fund.
(6) "Local development organization" means a nonprofit organization which is organized to operate within an area, demonstrates a commitment to a long-standing effort for an economic development program, and makes a demonstrable effort to assist in the employment of unemployed or underemployed residents in an area.
(7) "Project" means the establishment of a new or expanded business in an area which when completed will provide employment opportunities. "Project" also means the retention of an existing business in an area which when completed will provide employment opportunities.
Sec. 4. RCW 82.60.020 and 1995 1st sp.s. c 3 s 5 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Applicant" means a person applying for a tax deferral under this chapter.
(2) "Department" means the department of revenue.
(3) "Eligible area" means: (a) A county in which the average level of unemployment for the three years before the year in which an application is filed under this chapter exceeds the average state unemployment for those years by twenty percent; (b) a county that has a median household income that is less than seventy-five percent of the state median household income for the previous three years; (c) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent; (((c))) (d) a designated community empowerment zone approved under RCW 43.63A.700 or a county containing such a community empowerment zone; (((d))) (e) a town with a population of less than twelve hundred persons in those counties that are not covered under (a) of this subsection that are timber impact areas as defined in RCW 43.31.601; (((e))) (f) a county designated by the governor as an eligible area under RCW 82.60.047; or (((f))) (g) a county that is contiguous to a county that qualifies as an eligible area under (a) or (((e))) (f) of this subsection.
(4)(a) "Eligible investment project" means:
(i) An investment project in an eligible area as defined in subsection (3)(a), (b), (((d), or)) (c), (e), or (f) of this section; or
(ii) That portion of an investment project in an eligible area as defined in subsection (3)(((c)))(d) or (((f))) (g) of this section which is directly utilized to create at least one new full-time qualified employment position for each three hundred thousand dollars of investment on which a deferral is requested in an application approved before July 1, 1994, and for each seven hundred fifty thousand dollars of investment on which a deferral is requested in an application approved after June 30, 1994.
(b) The lessor/owner of a qualified building is not eligible for a deferral unless the underlying ownership of the buildings, machinery, and equipment vests exclusively in the same person, or unless the lessor by written contract agrees to pass the economic benefit of the deferral to the lessee in the form of reduced rent payments.
(c) For purposes of (a)(ii) of this subsection:
(i) The department shall consider the entire investment project, including any investment in machinery and equipment that otherwise qualifies for exemption under RCW 82.08.02565 or 82.12.02565, for purposes of determining the portion of the investment project that qualifies for deferral as an eligible investment project; and
(ii) The number of new full-time qualified employment positions created by an investment project shall be deemed to be reduced by the number of full-time employment positions maintained by the recipient in any other community in this state that are displaced as a result of the investment project.
(d) "Eligible investment project" does not include any portion of an investment project undertaken by a light and power business as defined in RCW 82.16.010(5), other than that portion of a cogeneration project that is used to generate power for consumption within the manufacturing site of which the cogeneration project is an integral part, or investment projects which have already received deferrals under this chapter.
(5) "Investment project" means an investment in qualified buildings or qualified machinery and equipment, including labor and services rendered in the planning, installation, and construction of the project.
(6) "Manufacturing" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different, or useful substance or article of tangible personal property is produced for sale or commercial or industrial use and shall include the production or fabrication of specially made or custom made articles. "Manufacturing" also includes computer programming, the production of computer software, and other computer-related services, and the activities performed by research and development laboratories and commercial testing laboratories.
(7) "Person" has the meaning given in RCW 82.04.030.
(8) "Qualified buildings" means construction of new structures, and expansion or renovation of existing structures for the purpose of increasing floor space or production capacity used for manufacturing and research and development activities, including plant offices and warehouses or other facilities for the storage of raw material or finished goods if such facilities are an essential or an integral part of a factory, mill, plant, or laboratory used for manufacturing or research and development. If a building is used partly for manufacturing or research and development and partly for other purposes, the applicable tax deferral shall be determined by apportionment of the costs of construction under rules adopted by the department.
(9) "Qualified employment position" means a permanent full-time employee employed in the eligible investment project during the entire tax year.
(10) "Qualified machinery and equipment" means all new industrial and research fixtures, equipment, and support facilities that are an integral and necessary part of a manufacturing or research and development operation. "Qualified machinery and equipment" includes: Computers; software; data processing equipment; laboratory equipment; manufacturing components such as belts, pulleys, shafts, and moving parts; molds, tools, and dies; operating structures; and all equipment used to control or operate the machinery.
(11) "Recipient" means a person receiving a tax deferral under this chapter.
(12) "Research and development" means the development, refinement, testing, marketing, and commercialization of a product, service, or process before commercial sales have begun. As used in this subsection, "commercial sales" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.
Sec. 5. RCW 82.62.010 and 1994 sp.s. c 7 s 705 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Applicant" means a person applying for a tax credit under this chapter.
(2) "Department" means the department of revenue.
(3) "Eligible area" means: (a) A county in which the average level of unemployment for the three years before the year in which an application is filed under this chapter exceeds the average state unemployment for those years by twenty percent; (b) a county that has a median household income that is less than seventy-five percent of the state median household income for the previous three years; (c) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent; (((c))) (d) a designated community empowerment zone approved under RCW 43.63A.700; or (((d))) (e) subcounty areas in those counties that are not covered under (a) of this subsection that are timber impact areas as defined in RCW 43.31.601.
(4)(a) "Eligible business project" means manufacturing or research and development activities which are conducted by an applicant in an eligible area at a specific facility, provided the applicant's average full-time qualified employment positions at the specific facility will be at least fifteen percent greater in the year for which the credit is being sought than the applicant's average full-time qualified employment positions at the same facility in the immediately preceding year.
(b) "Eligible business project" does not include any portion of a business project undertaken by a light and power business as defined in RCW 82.16.010(5) or that portion of a business project creating qualified full-time employment positions outside an eligible area or those recipients of a sales tax deferral under chapter 82.61 RCW.
(5) "Manufacturing" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different, or useful substance or article of tangible personal property is produced for sale or commercial or industrial use and shall include the production or fabrication of specially made or custom made articles. "Manufacturing" also includes computer programming, the production of computer software, and other computer-related services, and the activities performed by research and development laboratories and commercial testing laboratories.
(6) "Person" has the meaning given in RCW 82.04.030.
(7) "Qualified employment position" means a permanent full-time employee employed in the eligible business project during the entire tax year.
(8) "Tax year" means the calendar year in which taxes are due.
(9) "Recipient" means a person receiving tax credits under this chapter.
(10) "Research and development" means the development, refinement, testing, marketing, and commercialization of a product, service, or process before commercial sales have begun. As used in this subsection, "commercial sales" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.
Sec. 6. RCW 82.08.02565 and 1995 1st sp.s. c 3 s 2 are each amended to read as follows:
(1) The tax levied by RCW 82.08.020 shall not apply to sales to a manufacturer or processor for hire of machinery and equipment used directly in a manufacturing operation, or to sales of or charges made for labor and services rendered in respect to installing the machinery and equipment, but only when the purchaser provides the seller with an exemption certificate in a form and manner prescribed by the department by rule, and the purchaser provides the department with a duplicate of the certificate or a summary of exempt sales as the department may require. The seller shall retain a copy of the certificate for the seller's files.
(2) For purposes of this section and RCW 82.12.02565:
(a) "Machinery and equipment" means industrial fixtures, devices, and support facilities. "Machinery and equipment" includes pollution control equipment installed and used in a manufacturing operation to prevent air pollution, water pollution, or contamination that might otherwise result from the manufacturing operation.
(b) "Machinery and equipment" does not include:
(i) Hand tools;
(ii) Property with a useful life of less than one year;
(iii) Repair parts required to restore machinery and equipment to normal working order;
(iv) Replacement parts that do not increase productivity, improve efficiency, or extend the useful life of the machinery and equipment; or
(v) Building fixtures that are not integral to the manufacturing operation that are permanently affixed to and become a physical part of a building, such as utility systems for heating, ventilation, air conditioning, communications, plumbing, or electrical.
(c) Machinery and equipment is "used directly" in a manufacturing operation if the machinery and equipment:
(i) Acts upon or interacts with an item of tangible personal property;
(ii) Conveys, transports, handles, or temporarily stores an item of tangible personal property at the manufacturing site;
(iii) Controls, guides, measures, verifies, aligns, regulates, or tests tangible personal property;
(iv) Provides physical support for or access to tangible personal property;
(v) Produces power for, or lubricates machinery and equipment;
(vi) Produces another item of tangible personal property for use in the manufacturing operation; or
(vii) Places tangible personal property in the container, package, or wrapping in which the tangible personal property is normally sold or transported.
(d) "Manufacturing operation" means the manufacturing of articles, substances, or commodities for sale as tangible personal property. The manufacturing operation begins at the point where the raw materials enter the manufacturing site and ends at the point where the finished product leaves the manufacturing site. In the case of the manufacturing of building trusses in eligible areas, as defined in RCW 82.60.020(3)(e), the manufacturing operation ends at the point where the finished product is delivered to the building site. The term also includes that portion of a cogeneration project that is used to generate power for consumption within the manufacturing site of which the cogeneration project is an integral part. The term does not include research and development, the production of electricity by a light and power business as defined in RCW 82.16.010, or the preparation of food products on the premises of a person selling food products at retail.
(e) "Cogeneration" means the simultaneous generation of electrical energy and low-grade heat from the same fuel.
NEW SECTION. Sec. 7. Section 6 of this act applies to manufacturing machinery and equipment acquired after June 30, 1995.
NEW SECTION. Sec. 8. (1) Section 6 of 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 shall take effect immediately.
(2) Section 1 of this act shall take effect June 30, 1997."
On page 1, line 1 of the title, after "designation;" strike the remainder of the title and insert "amending RCW 43.160.210, 43.165.010, 43.168.020, 82.60.020, 82.62.010, and 82.08.02565; creating a new section; providing an effective date; and declaring an emergency."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
There being no objection the House concurs in the Senate amendments to House Bill No. 2337 and pass the bill as amended by the Senate.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 2337 as amended by the Senate.
Representatives Schoesler and Sheldon spoke in favor of passage of the bill.
Representative H. Sommers spoke against passage of the bill.
There being no objection, the House deferred further consideration of House Bill No. 2337 and the bill held it's place on the second reading calendar.
The Speaker (Representative Horn presiding) declared the House to be at ease.
The Speaker (Representative Horn presiding) called the House to order.
There being no objection, the House resumed consideration of House Bill No. 2337.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 2337 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2337, as amended by the Senate and the bill passed the House by the following vote: Yeas - 83, Nays - 15, Absent - 0, Excused - 0.
Voting yea: Representatives Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cody, Cooke, Costa, Crouse, Dellwo, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Valle, Van Luven, Wolfe and Mr. Speaker - 83.
Voting nay: Representatives Appelwick, Chopp, Cole, Conway, Dickerson, Fisher, R., Jacobsen, Mason, Poulsen, Regala, Rust, Scheuerman, Sommers, H., Tokuda and Veloria - 15.
House Bill No. 2337 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 7, 1996
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2708 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The department of revenue shall perform a study to:
(a) Determine the current and potential impact of warehouse and distribution activity on the Washington economy;
(b) Analyze how the current tax structure affects warehouse and distribution activity;
(c) Evaluate alternative methods of taxing warehouse and distribution activity;
(d) Identify the effects of tax incentives for warehouse and distribution activity; and
(e) Evaluate the impact of any potential changes in taxation of warehouse and distribution activity on equity among other industries and upon the overall state tax structure.
(2) To perform this study, the department shall form an advisory study committee which may include representation from warehouse and distribution interests, local government, and other interest groups. The advisory committee shall also include, but need not be limited to, two members from the house of representatives and two members from the senate.
(3) The department of revenue shall provide staff for the purpose of the study.
(4) The department of revenue shall present a final report of the findings of the study to the committees of the legislature that deal with revenue matters by December 1, 1996.
(5) The department of revenue shall not perform the study under this section unless matching funds in the amount of forty-five thousand dollars are provided from other public and private sources.
NEW SECTION. Sec. 2. If specific funding in the amount of forty-five thousand dollars for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the omnibus appropriations act, this act is null and void."
On page 1, line 2 of the title, after "activity;" strike the remainder of the title and insert "and creating new sections."
and the same are herewith transmitted.
Marty Brown, Secretary
There being no objection the House concurs in the Senate amendments to Substitute House Bill No. 2708 and pass the bill as amended by the Senate.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 2708 as amended by the Senate.
Representatives Sheldon and Schoesler spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2708, as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.
Substitute House Bill No. 2708 as amended by the Senate, having received the constitutional majority, was declared passed.
MESSAGES FROM THE SENATE
March 7, 1996
Mr. Speaker:
The Senate has passed:
SECOND SUBSTITUTE SENATE BILL NO. 6382,
SUBSTITUTE SENATE BILL NO. 6510,
SUBSTITUTE SENATE BILL NO. 6656,
and the same are herewith transmitted.
Marty Brown, Secretary
March 7, 1996
Mr. Speaker:
The Senate has passed:
and the same is herewith transmitted.
Marty Brown, Secretary
SENATE AMENDMENTS TO HOUSE BILL
March 7, 1996
Mr. Speaker:
The Senate has relieved the Conference Committee of ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2222, and moved the bill to Second Reading for purpose of amendment. The Senate adopted the following amendments (2222-S2.E AAS 3/7/96 S5870.4), and passed the bill with said amendments,
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The public expects the legislature to address citizens' increasing demand for the basic services of state government, while limiting the growth in spending. The public demands that public officials and state employees be accountable to provide maximum value for every dollar entrusted to state government. The public believes that it is possible to improve the responsiveness of state government and to save the taxpayers' money, and that efficiency and effectiveness should result in savings.
The legislature, public officials, state employees, and citizens need to know the extent to which state agencies, programs, and activities are achieving the purposes for which they were created. It is essential to compare the conditions, problems, and priorities that led to the creation of government programs with current conditions, problems, and priorities, and to examine the need for and performance of those programs in the current environment.
Along with examining the performance of state agencies and programs, the legislature, public officials, state employees, and citizens must also consider the effect that state government programs can reasonably expect to have on citizens' lives, how the level of programs and services of Washington state government compares with that of other states, and alternatives for service delivery, including other levels of government and the private sector including not-for-profit organizations. It is essential that the legislature, public officials, state employees, and citizens share a common understanding of the role of state government. The performance and relative priority of state agency programs and activities must be the basis for managing and allocating resources within Washington state government.
It is the intent of the legislature to strengthen the role of the current legislative budget committee so that it may more effectively examine how efficiently state agencies perform their responsibilities and whether the agencies are achieving their goals, and whether units of local government are using state funds for their intended purpose in an efficient and effective manner. It is also the intent of the legislature to enact a clear set of definitions for different types of audits in order to eliminate confusion with regard to government reviews.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Legislative auditor" means the executive officer of the joint legislative audit and review committee.
(2) "Economy and efficiency audits" means performance audits that establish: (a) Whether a state agency or unit of local government receiving state funds is acquiring, protecting, and using its resources such as personnel, property, and space economically and efficiently; (b) the causes of inefficiencies or uneconomical practices; and (c) whether the state agency or local government has complied with significant laws and rules in acquiring, protecting, and using its resources.
(3) "Final compliance report" means a written document, as approved by the joint committee, that states the specific actions a state agency or unit of local government receiving state funds has taken to implement recommendations contained in the final performance audit report and the preliminary compliance report. Any recommendations, including proposed legislation and changes in the agency's rules and practices or the local government's practices, based on testimony received, must be included in the final compliance report.
(4) "Final performance audit report" means a written document adopted by the joint legislative audit and review committee that contains the findings and proposed recommendations made in the preliminary performance audit report, the final recommendations adopted by the joint committee, any comments to the preliminary performance audit report by the joint committee, and any comments to the preliminary performance audit report by the state agency or local government that was audited.
(5) "Joint committee" means the joint legislative audit and review committee.
(6) "Local government" means a city, town, county, special purpose district, political subdivision, municipal corporation, or quasi-municipal corporation, including a public corporation created by such an entity.
(7) "Performance audit" means an objective and systematic assessment of a state agency or any of its programs, functions, or activities, or a unit of local government receiving state funds, by an independent evaluator in order to help public officials improve efficiency, effectiveness, and accountability. Performance audits include economy and efficiency audits and program audits. A performance audit of a local government may only be made to determine whether the local government is using state funds for their intended purpose in an efficient and effective manner.
(8) "Performance measures" are a composite of key indicators of a program's or activity's inputs, outputs, outcomes, productivity, timeliness, and/or quality. They are means of evaluating policies and programs by measuring results against agreed upon program goals or standards.
(9) "Preliminary compliance report" means a written document that states the specific actions a state agency or unit of local government receiving state funds has taken to implement any recommendations contained in the final performance audit report.
(10) "Preliminary performance audit report" means a written document prepared for review and comment by the joint legislative audit and review committee after the completion of a performance audit. The preliminary performance audit report must contain the audit findings and any proposed recommendations to improve the efficiency, effectiveness, or accountability of the state agency or local government audited.
(11) "Program audits" means performance audits that determine: (a) The extent to which desired outcomes or results are being achieved; (b) the causes for not achieving intended outcomes or results; and (c) compliance with significant laws and rules applicable to the program.
(12) "State agency" or "agency" means a state agency, department, office, officer, board, commission, bureau, division, institution, or institution of higher education. "State agency" includes all elective offices in the executive branch of state government.
Sec. 3. RCW 44.28.010 and 1983 c 52 s 1 are each amended to read as follows:
((There is hereby created a)) The joint legislative ((budget)) audit and review committee is created, which shall consist of eight senators and eight representatives from the legislature. The senate members of the committee shall be appointed by the president of the senate, and the house members of the committee shall be appointed by the speaker of the house. Not more than four members from each house shall be from the same political party. Members shall be appointed before the close of each regular session of the legislature during an odd-numbered year((: PROVIDED, That if prior to)). If before the close of a regular session during an odd-numbered year, the governor issues a proclamation convening the legislature into special session, or the legislature by resolution convenes the legislature into special session, following such regular session, then such appointments shall be made as a matter of closing business of such special session. Members shall be subject to confirmation, as to the senate members by the senate, and as to the house members by the house. In the event of a failure to appoint or confirm joint committee members, ((either on the part of the president of the senate or on the part of the speaker of the house, or in the event of a refusal by either the senate or the house to confirm appointments on the committee, then)) the members of the joint committee from either house in which there is a failure to appoint or confirm shall be elected ((forthwith)) by the members of such house.
Sec. 4. RCW 44.28.020 and 1980 c 87 s 31 are each amended to read as follows:
The term of office of the members of the joint committee who continue to be members of the senate and house shall be from the close of the session in which they were appointed or elected as provided in RCW 44.28.010 until the close of the next regular session during an odd-numbered year or special session following such regular session, or, in the event that such appointments or elections are not made, until the close of the next regular session during an odd-numbered year during which successors are appointed or elected. The term of office of ((such)) joint committee members ((as shall)) who do not continue to be members of the senate and house ((shall)) ceases upon the convening of the next regular session of the legislature during an odd-numbered year after their confirmation, election or appointment. Vacancies on the joint committee shall be filled by appointment by the remaining members. All such vacancies shall be filled from the same political party and from the same house as the member whose seat was vacated.
Sec. 5. RCW 44.28.030 and 1955 c 206 s 6 are each amended to read as follows:
On and after the commencement of a succeeding general session of the legislature, those members of the joint committee who continue to be members of the senate and house, respectively, shall continue as members of the joint committee as indicated in RCW 44.28.020 and the joint committee shall continue with all its powers, duties, authorities, records, papers, personnel and staff, and all funds made available for its use.
Sec. 6. RCW 44.28.040 and 1975-'76 2nd ex.s. c 34 s 134 are each amended to read as follows:
The members of the joint committee shall serve without additional compensation, but shall be reimbursed for their travel expenses((,)) in accordance with RCW 44.04.120 ((as now existing or hereafter amended, incurred while)) for attending ((sessions)) meetings of the joint committee or ((meetings of any)) a subcommittee of the joint committee, or while engaged on other ((committee)) business authorized by the joint committee((, and while going to and coming from committee sessions or committee meetings)).
Sec. 7. RCW 44.28.060 and 1975 1st ex.s. c 293 s 13 are each amended to read as follows:
The members of the joint committee shall ((have the power and duty to appoint its own chairman, vice chairman, and other officers; to make rules and regulations for orderly procedure; to perform, either through the legislative budget committee or through subcommittees of the legislative budget committee, all duties and functions relating to improving the economy, efficiency, and effectiveness of state agency management by performance audits and other staff studies of state government, its officers, boards, committees, commissions, institutions, and other state agencies)) form an executive committee consisting of one member from each of the four major political caucuses, which shall include a chair and a vice-chair. The chair and vice-chair shall serve for a period not to exceed two years. The chair and the vice-chair may not be members of the same political party. The chair shall alternate between the members of the majority parties in the senate and the house of representatives.
The executive committee is responsible for performing all general administrative and personnel duties assigned to it in the rules and procedures adopted by the joint committee, as well as other duties delegated to it by the joint committee. The executive committee shall recommend applicants for the position of the legislative auditor to the membership of the joint committee. The legislative auditor shall be hired with the approval of a majority of the membership of the joint committee. The executive committee shall set the salary of the legislative auditor.
The joint committee shall adopt rules and procedures for its orderly operation. The joint committee may create subcommittees to perform duties under this chapter.
Sec. 8. RCW 44.28.140 and 1975 1st ex.s. c 293 s 17 are each amended to read as follows:
((The committee is hereby authorized and empowered to appoint an officer to be known as the legislative auditor, and to fix his compensation, who shall be the executive officer of the committee and assist in its duties and shall compile information for the committee. The committee is hereby authorized and empowered to select and employ other clerical, legal, accounting, research and other personnel that it may deem desirable in the performance of its duties, and the compensation and salaries shall be fixed by the legislative budget committee.))
The ((duties of the)) legislative auditor shall ((be as follows)):
(1) ((To ascertain the facts and make recommendations to the committee and under their direction to the committees of the state legislature concerning
(a) revenues and expenditures of the state; and
(b) the organization and functions of the state, its departments, subdivisions and agencies.
(2) To)) Establish and manage the office of the joint legislative audit and review committee to carry out the functions of this chapter;
(2) Direct the audit and review functions described in this chapter and ensure that performance audits are performed in accordance with the "Government Auditing Standards" published by the comptroller general of the United States as applicable to the scope of the audit;
(3) Make findings and recommendations to the joint committee and under its direction to the committees of the state legislature concerning the organization and operation of state agencies and the expenditure of state funds by units of local government;
(4) In consultation with and with the approval of the executive committee, hire staff necessary to carry out the purposes of this chapter. Employee salaries, other than the legislative auditor, shall be set by the legislative auditor with the approval of the executive committee;
(5) Assist the several standing committees of the house and senate in consideration of legislation affecting state departments and their efficiency; ((to)) appear before other legislative committees; and ((to)) assist any other legislative committee upon instruction by the joint legislative ((budget)) audit and review committee.
(((3) To)) (6) Provide the legislature with information obtained under the direction of the joint legislative ((budget)) audit and review committee((.));
(((4) To)) (7) Maintain a record of all work performed by the legislative auditor under the direction of the joint legislative ((budget)) audit and review committee and ((to)) keep and make available all documents, data, and reports submitted to ((him)) the legislative auditor by any legislative committee.
NEW SECTION. Sec. 9. (1) In conducting performance audits and other reviews, the legislative auditor shall work closely with the chairs and staff of standing committees of the senate and house of representatives, and may work in consultation with the state auditor and the director of financial management.
(2) The legislative auditor may contract with and consult with public and private independent professional and technical experts as necessary in conducting the performance audits. The legislative auditor should also involve front-line employees and internal auditors in the performance audit process to the highest possible degree.
(3) The legislative auditor shall work with the legislative evaluation and accountability program committee and the office of financial management to develop information system capabilities necessary for the performance audit requirements of this chapter.
(4) The legislative auditor shall work with the legislative office of performance review and the office of financial management to facilitate the implementation of effective performance measures throughout state government. In agencies and programs where effective systems for performance measurement exist, the measurements incorporated into those systems should be a basis for performance audits conducted under this chapter.
NEW SECTION. Sec. 10. (1) Subject to the requirements of the performance audit work plan approved by the joint committee under RCW 44.28.180, as recodified by this act, performance audits may, in addition to the determinations that may be made in such an audit as specified in section 2 of this act, include the following:
(a) An examination of the costs and benefits of agency programs, functions, and activities;
(b) Identification of viable alternatives for reducing costs or improving service delivery;
(c) Identification of gaps and overlaps in service delivery, along with corrective action; and
(d) Comparison with other states whose agencies perform similar functions, as well as their relative funding levels and performance.
(2) As part of a performance audit, the legislative auditor may review the costs of programs recently implemented by the legislature to compare actual agency costs with the appropriations provided and the cost estimates that were included in the fiscal note for the program at the time the program was enacted.
Sec. 11. RCW 44.28.080 and 1975 1st ex.s. c 293 s 14 are each amended to read as follows:
The joint committee ((shall have)) has the following powers:
(1) To make examinations and reports concerning whether or not appropriations are being expended for the purposes and within the statutory restrictions provided by the legislature; ((concerning the economic outlook and estimates of revenue to meet expenditures;)) and concerning the organization and operation of procedures necessary or desirable to promote economy, efficiency, and effectiveness in state government, its officers, boards, committees, commissions, institutions, and other state agencies, and to make recommendations and reports to the legislature.
(2) To make such other studies and examinations of economy, efficiency, and effectiveness of state government and its state agencies as it may find advisable, and to hear complaints, hold hearings, gather information, and make findings of fact with respect thereto.
(3) ((The committee shall have the power)) To conduct program and fiscal reviews of any state agency or program scheduled for termination under the process provided under chapter 43.131 RCW.
(4) To perform other legislative staff studies of state government or the use of state funds.
(5) To conduct performance audits in accordance with the work plan adopted by the joint committee under RCW 44.28.180.
(6) To receive a copy of each report of examination or audit issued by the state auditor for examinations or audits that were conducted at the request of the joint committee and to make recommendations as it deems appropriate as a separate addendum to the report or audit.
(7) To develop internal tracking procedures that will allow the legislature to measure the effectiveness of performance audits conducted by the joint committee including, where appropriate, measurements of cost-savings and increases in efficiency and effectiveness in how state agencies deliver their services.
(8) To receive messages and reports in person or in writing from the governor or any other state officials and to study generally any and all business relating to economy, efficiency, and effectiveness in state government and state agencies.
Sec. 12. RCW 44.28.180 and 1993 c 406 s 5 are each amended to read as follows:
(1) ((In conducting program evaluations as defined in RCW 43.88.020, the legislative budget committee may establish a biennial work plan)) During the regular legislative session of each odd-numbered year, beginning with 1997, the joint legislative audit and review committee shall develop and approve a performance audit work plan for the subsequent sixteen to twenty-four-month period and an overall work plan that identifies state agency programs for which formal evaluation appears necessary. Among the factors to be considered in preparing the work plans are:
(a) Whether a program newly created or significantly altered by the legislature warrants continued oversight because (i) the fiscal impact of the program is significant, or (ii) the program represents a relatively high degree of risk in terms of reaching the stated goals and objectives for that program;
(b) Whether implementation of an existing program has failed to meet its goals and objectives by any significant degree; and
(c) Whether a follow-up audit would help ensure that previously identified recommendations for improvements were being implemented.
(2) The project description for each ((program evaluation shall)) performance audit must include start and completion dates, the proposed ((research)) approach, and cost estimates.
(3) The legislative auditor may consult with the chairs and staff of appropriate legislative committees, the state auditor, and the director of financial management in developing the performance audit work plan.
(4) The performance audit work plan and the overall work plan may include proposals to employ contract ((evaluators)) resources. As conditions warrant, the ((program evaluation)) performance audit work plan and the overall work plan may be amended from time to time. All ((biennial)) performance audit work plans shall be transmitted to the appropriate fiscal and policy committees of the senate and the house of representatives no later than the sixtieth day of the regular legislative session of each odd-numbered year, beginning with 1997. All overall work plans shall be transmitted to the appropriate fiscal and policy committees of the senate and the house of representatives.
NEW SECTION. Sec. 13. (1) When the legislative auditor has completed a performance audit authorized in the performance audit work plan, the legislative auditor shall transmit the preliminary performance audit report to the affected state agency or local government and the office of financial management for comment. The agency or local government and the office of financial management shall provide any response to the legislative auditor within thirty days after receipt of the preliminary performance audit report unless a different time period is approved by the joint committee. The legislative auditor shall incorporate the response of the agency or local government and the office of financial management into the final performance audit report.
(2) Before releasing the results of a performance audit to the legislature or the public, the legislative auditor shall submit the preliminary performance audit report to the joint committee for its review, comments, and final recommendations. Any comments by the joint committee must be included as a separate addendum to the final performance audit report. Upon consideration and incorporation of the review, comments, and recommendations of the joint committee, the legislative auditor shall transmit the final performance audit report to the affected agency or local government, the director of financial management, the leadership of the senate and the house of representatives, and the appropriate standing committees of the house of representatives and the senate and shall publish the results and make the report available to the public. For purposes of this section, "leadership of the senate and the house of representatives" means the speaker of the house, the majority leaders of the senate and the house of representatives, the minority leaders of the senate and the house of representatives, the caucus chairs of both major political parties of the senate and the house of representatives, and the floor leaders of both major political parties of the senate and the house of representatives.
NEW SECTION. Sec. 14. (1) No later than nine months after the final performance audit has been transmitted by the joint committee to the appropriate standing committees of the house of representatives and the senate, the joint committee in consultation with the standing committees may produce a preliminary compliance report on the agency's or local government's compliance with the final performance audit recommendations. The agency or local government may attach its comments to the joint committee's preliminary compliance report as a separate addendum.
(2) Within three months after the issuance of the preliminary compliance report, the joint committee may hold at least one public hearing and receive public testimony regarding the findings and recommendations contained in the preliminary compliance report. The joint committee may waive the public hearing requirement if the preliminary compliance report demonstrates that the agency or local government is in compliance with the audit recommendations. The joint committee shall issue any final compliance report within four weeks after the public hearing or hearings. The legislative auditor shall transmit the final compliance report in the same manner as a final performance audit is transmitted under section 13 of this act.
NEW SECTION. Sec. 15. Subject to the joint committee's approval, the office of the joint committee shall undergo an external quality control review within three years of the effective date of this act and at regular intervals thereafter. The review must be conducted by an independent organization that has experience in conducting performance audits. The quality control review must include, at a minimum, an evaluation of the quality of the audits conducted by the joint committee, an assessment of the audit procedures used by the joint committee, and an assessment of the qualifications of the joint committee staff to conduct performance audits.
NEW SECTION. Sec. 16. (1) The performance audit revolving fund is established in the state treasury. Expenditures from the fund may only be used for payment of the costs of performance audits performed pursuant to the performance audit work plan approved by the joint legislative audit and review committee under RCW 44.28.180. The costs of a performance audit shall include all direct and indirect costs. Moneys in the fund may only be spent after appropriation.
(2) The legislative auditor shall assess state agencies all or a portion of the costs of a performance audit from funds appropriated to the agencies for administrative expenses. Agencies operating in whole or in part from nonappropriated funds must pay into the revolving fund such funds as will fully reimburse for the costs of a performance audit.
(3) The costs of performance audits may also be paid from appropriations made for that purpose.
NEW SECTION. Sec. 17. To ensure the accuracy and timeliness of information used as the basis for performance audits and other responsibilities of the legislature, the legislative auditor or the legislative auditor's staff must be provided direct access to information held by any state agency. Agencies shall submit directly to the joint legislative audit and review committee all data and other information requested, including tax records and client data. Any confidential data or information provided to the committee must be kept confidential by the joint committee.
Sec. 18. RCW 44.28.087 and 1973 1st ex.s. c 197 s 2 are each amended to read as follows:
All agency reports concerning program performance, including administrative review, quality control, and other internal audit or performance reports, as requested by the ((legislative budget)) joint committee, shall be furnished by the agency requested to provide such report.
Sec. 19. RCW 44.28.100 and 1987 c 505 s 45 are each amended to read as follows:
The joint committee ((shall have the power to)) may make reports from time to time to the members of the legislature and to the public with respect to any of its findings or recommendations. The joint committee shall keep complete minutes of its meetings.
Sec. 20. RCW 44.28.120 and 1951 c 43 s 9 are each amended to read as follows:
In case of the failure on the part of any person to comply with any subpoena issued in behalf of the joint committee, or on the refusal of any witness to testify to any matters regarding which he or she may be lawfully interrogated, it shall be the duty of the superior court of any county, or of the judge thereof, on application of the joint committee, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.
Sec. 21. RCW 44.28.130 and 1951 c 43 s 10 are each amended to read as follows:
Each witness who appears before the joint committee by its order, other than a state official or employee, shall receive for his or her attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited and paid upon the presentation of proper vouchers signed by such witness, verified by the legislative auditor, and approved by the ((secretary and chairman)) chair and the vice-chair of the joint committee.
Sec. 22. RCW 44.28.150 and 1975 1st ex.s. c 293 s 18 are each amended to read as follows:
The joint committee shall cooperate, act, and function with legislative committees and with the councils or committees of other states similar to this joint committee and with other interstate research organizations.
Sec. 23. RCW 43.88.020 and 1995 c 155 s 1 are each amended to read as follows:
(1) "Budget" means a proposed plan of expenditures for a given period or purpose and the proposed means for financing these expenditures.
(2) "Budget document" means a formal statement, either written or provided on any electronic media or both, offered by the governor to the legislature, as provided in RCW 43.88.030.
(3) "Director of financial management" means the official appointed by the governor to serve at the governor's pleasure and to whom the governor may delegate necessary authority to carry out the governor's duties as provided in this chapter. The director of financial management shall be head of the office of financial management which shall be in the office of the governor.
(4) "Agency" means and includes every state office, officer, each institution, whether educational, correctional, or other, and every department, division, board, and commission, except as otherwise provided in this chapter.
(5) "Public funds", for purposes of this chapter, means all moneys, including cash, checks, bills, notes, drafts, stocks, and bonds, whether held in trust, for operating purposes, or for capital purposes, and collected or disbursed under law, whether or not such funds are otherwise subject to legislative appropriation, including funds maintained outside the state treasury.
(6) "Regulations" means the policies, standards, and requirements, stated in writing, designed to carry out the purposes of this chapter, as issued by the governor or the governor's designated agent, and which shall have the force and effect of law.
(7) "Ensuing biennium" means the fiscal biennium beginning on July 1st of the same year in which a regular session of the legislature is held during an odd-numbered year pursuant to Article II, section 12 of the Constitution and which biennium next succeeds the current biennium.
(8) "Dedicated fund" means a fund in the state treasury, or a separate account or fund in the general fund in the state treasury, that by law is dedicated, appropriated, or set aside for a limited object or purpose; but "dedicated fund" does not include a revolving fund or a trust fund.
(9) "Revolving fund" means a fund in the state treasury, established by law, from which is paid the cost of goods or services furnished to or by a state agency, and which is replenished through charges made for such goods or services or through transfers from other accounts or funds.
(10) "Trust fund" means a fund in the state treasury in which designated persons or classes of persons have a vested beneficial interest or equitable ownership, or which was created or established by a gift, grant, contribution, devise, or bequest that limits the use of the fund to designated objects or purposes.
(11) "Administrative expenses" means expenditures for: (a) Salaries, wages, and related costs of personnel and (b) operations and maintenance including but not limited to costs of supplies, materials, services, and equipment.
(12) "Fiscal year" means the year beginning July 1st and ending the following June 30th.
(13) "Lapse" means the termination of authority to expend an appropriation.
(14) "Legislative fiscal committees" means the joint legislative ((budget)) audit and review committee, the legislative evaluation and accountability program committee, the ways and means committees of the senate and house of representatives, and, where appropriate, the legislative transportation committee.
(15) "Fiscal period" means the period for which an appropriation is made as specified within the act making the appropriation.
(16) "Primary budget driver" means the primary determinant of a budget level, other than a price variable, which causes or is associated with the major expenditure of an agency or budget unit within an agency, such as a caseload, enrollment, workload, or population statistic.
(17) (("Stabilization account" means the budget stabilization account created under RCW 43.88.525 as an account in the general fund of the state treasury.
(18))) "State tax revenue limit" means the limitation created by chapter 43.135 RCW.
(((19))) (18) "General state revenues" means the revenues defined by Article VIII, section 1(c) of the state Constitution.
(((20))) (19) "Annual growth rate in real personal income" means the estimated percentage growth in personal income for the state during the current fiscal year, expressed in constant value dollars, as published by the office of financial management or its successor agency.
(((21))) (20) "Estimated revenues" means estimates of revenue in the most recent official economic and revenue forecast prepared under RCW 82.33.020, and prepared by the office of financial management for those funds, accounts, and sources for which the office of the economic and revenue forecast council does not prepare an official forecast including estimates of revenues to support financial plans under RCW 44.40.070, that are prepared by the office of financial management in consultation with the interagency task force.
(((22))) (21) "Estimated receipts" means the estimated receipt of cash in the most recent official economic and revenue forecast prepared under RCW 82.33.020, and prepared by the office of financial management for those funds, accounts, and sources for which the office of the economic and revenue forecast council does not prepare an official forecast.
(((23))) (22) "State budgeting, accounting, and reporting system" means a system that gathers, maintains, and communicates fiscal information. The system links fiscal information beginning with development of agency budget requests through adoption of legislative appropriations to tracking actual receipts and expenditures against approved plans.
(((24))) (23) "Allotment of appropriation" means the agency's statement of proposed expenditures, the director of financial management's review of that statement, and the placement of the approved statement into the state budgeting, accounting, and reporting system.
(((25))) (24) "Statement of proposed expenditures" means a plan prepared by each agency that breaks each appropriation out into monthly detail representing the best estimate of how the appropriation will be expended.
(((26))) (25) "Undesignated fund balance (or deficit)" means unreserved and undesignated current assets or other resources available for expenditure over and above any current liabilities which are expected to be incurred by the close of the fiscal period.
(((27))) (26) "Internal audit" means an independent appraisal activity within an agency for the review of operations as a service to management, including a systematic examination of accounting and fiscal controls to assure that human and material resources are guarded against waste, loss, or misuse; and that reliable data are gathered, maintained, and fairly disclosed in a written report of the audit findings.
(((28))) (27) "Performance verification" means an analysis that (a) verifies the accuracy of data used by state agencies in quantifying intended results and measuring performance toward those results, and (b) verifies whether or not the reported results were achieved.
(((29) "Program evaluation" means the use of a variety of policy and fiscal research methods to (a) determine the extent to which a program is achieving its legislative intent in terms of producing the effects expected, and (b) make an objective judgment of the implementation, outcomes, and net cost or benefit impact of programs in the context of their goals and objectives. It includes the application of systematic methods to measure the results, intended or unintended, of program activities.))
(28) "Performance audit" has the same meaning as it is defined in section 2 of this act.
Sec. 24. RCW 43.88.090 and 1994 c 184 s 10 are each amended to read as follows:
(1) For purposes of developing budget proposals to the legislature, the governor shall have the power, and it shall be the governor's duty, to require from proper agency officials such detailed estimates and other information in such form and at such times as the governor shall direct. The estimates for the legislature and the judiciary shall be transmitted to the governor and shall be included in the budget without revision. The estimates for state pension contributions shall be based on the rates provided in chapter 41.45 RCW. Copies of all such estimates shall be transmitted to the standing committees on ways and means of the house and senate at the same time as they are filed with the governor and the office of financial management.
The estimates shall include statements or tables which indicate, by agency, the state funds which are required for the receipt of federal matching revenues. The estimates shall be revised as necessary to reflect legislative enactments and adopted appropriations and shall be included with the initial biennial allotment submitted under RCW 43.88.110. The estimates must include consideration of findings made by the legislative auditor of the office of the joint legislative audit and review committee under a performance audit of the agency.
(2) In the year of the gubernatorial election, the governor shall invite the governor-elect or the governor-elect's designee to attend all hearings provided in RCW 43.88.100; and the governor shall furnish the governor-elect or the governor-elect's designee with such information as will enable the governor-elect or the governor-elect's designee to gain an understanding of the state's budget requirements. The governor-elect or the governor-elect's designee may ask such questions during the hearings and require such information as the governor-elect or the governor-elect's designee deems necessary and may make recommendations in connection with any item of the budget which, with the governor-elect's reasons therefor, shall be presented to the legislature in writing with the budget document. Copies of all such estimates and other required information shall also be submitted to the standing committees on ways and means of the house and senate.
Sec. 25. RCW 43.88.160 and 1994 c 184 s 11 are each amended to read as follows:
This section sets forth the major fiscal duties and responsibilities of officers and agencies of the executive branch. The regulations issued by the governor pursuant to this chapter shall provide for a comprehensive, orderly basis for fiscal management and control, including efficient accounting and reporting therefor, for the executive branch of the state government and may include, in addition, such requirements as will generally promote more efficient public management in the state.
(1) Governor; director of financial management. The governor, through the director of financial management, shall devise and supervise a modern and complete accounting system for each agency to the end that all revenues, expenditures, receipts, disbursements, resources, and obligations of the state shall be properly and systematically accounted for. The accounting system shall include the development of accurate, timely records and reports of all financial affairs of the state. The system shall also provide for central accounts in the office of financial management at the level of detail deemed necessary by the director to perform central financial management. The director of financial management shall adopt and periodically update an accounting procedures manual. Any agency maintaining its own accounting and reporting system shall comply with the updated accounting procedures manual and the rules of the director adopted under this chapter. An agency may receive a waiver from complying with this requirement if the waiver is approved by the director. Waivers expire at the end of the fiscal biennium for which they are granted. The director shall forward notice of waivers granted to the appropriate legislative fiscal committees. The director of financial management may require such financial, statistical, and other reports as the director deems necessary from all agencies covering any period.
(2) The director of financial management is responsible for quarterly reporting of primary operating budget drivers such as applicable workloads, caseload estimates, and appropriate unit cost data. These reports shall be transmitted to the legislative fiscal committees or by electronic means to the legislative evaluation and accountability program committee. Quarterly reports shall include actual monthly data and the variance between actual and estimated data to date. The reports shall also include estimates of these items for the remainder of the budget period.
(3) The director of financial management shall report at least annually to the appropriate legislative committees regarding the status of all appropriated capital projects, including transportation projects, showing significant cost overruns or underruns. If funds are shifted from one project to another, the office of financial management shall also reflect this in the annual variance report. Once a project is complete, the report shall provide a final summary showing estimated start and completion dates of each project phase compared to actual dates, estimated costs of each project phase compared to actual costs, and whether or not there are any outstanding liabilities or unsettled claims at the time of completion.
(4) In addition, the director of financial management, as agent of the governor, shall:
(a) Develop and maintain a system of internal controls and internal audits comprising methods and procedures to be adopted by each agency that will safeguard its assets, check the accuracy and reliability of its accounting data, promote operational efficiency, and encourage adherence to prescribed managerial policies for accounting and financial controls. The system developed by the director shall include criteria for determining the scope and comprehensiveness of internal controls required by classes of agencies, depending on the level of resources at risk.
Each agency head or authorized designee shall be assigned the responsibility and authority for establishing and maintaining internal audits following the standards of internal auditing of the institute of internal auditors;
(b) Make surveys and analyses of agencies with the object of determining better methods and increased effectiveness in the use of manpower and materials; and the director shall authorize expenditures for employee training to the end that the state may benefit from training facilities made available to state employees;
(c) Establish policies for allowing the contracting of child care services;
(d) Report to the governor with regard to duplication of effort or lack of coordination among agencies;
(e) Review any pay and classification plans, and changes thereunder, developed by any agency for their fiscal impact: PROVIDED, That none of the provisions of this subsection shall affect merit systems of personnel management now existing or hereafter established by statute relating to the fixing of qualifications requirements for recruitment, appointment, or promotion of employees of any agency. The director shall advise and confer with agencies including appropriate standing committees of the legislature as may be designated by the speaker of the house and the president of the senate regarding the fiscal impact of such plans and may amend or alter said plans, except that for the following agencies no amendment or alteration of said plans may be made without the approval of the agency concerned: Agencies headed by elective officials;
(f) Fix the number and classes of positions or authorized man years of employment for each agency and during the fiscal period amend the determinations previously fixed by the director except that the director shall not be empowered to fix said number or said classes for the following: Agencies headed by elective officials;
(g) ((Provide for transfers and repayments between the budget stabilization account and the general fund as directed by appropriation and RCW 43.88.525 through 43.88.540;
(h))) Adopt rules to effectuate provisions contained in (a) through (((g))) (f) of this subsection.
(5) The treasurer shall:
(a) Receive, keep, and disburse all public funds of the state not expressly required by law to be received, kept, and disbursed by some other persons: PROVIDED, That this subsection shall not apply to those public funds of the institutions of higher learning which are not subject to appropriation;
(b) Receive, disburse, or transfer public funds under the treasurer's supervision or custody;
(c) Keep a correct and current account of all moneys received and disbursed by the treasurer, classified by fund or account;
(d) Coordinate agencies' acceptance and use of credit cards and other payment methods, if the agencies have received authorization under RCW 43.41.180;
(e) Perform such other duties as may be required by law or by regulations issued pursuant to this law.
It shall be unlawful for the treasurer to disburse public funds in the treasury except upon forms or by alternative means duly prescribed by the director of financial management. These forms or alternative means shall provide for authentication and certification by the agency head or the agency head's designee that the services have been rendered or the materials have been furnished; or, in the case of loans or grants, that the loans or grants are authorized by law; or, in the case of payments for periodic maintenance services to be performed on state owned equipment, that a written contract for such periodic maintenance services is currently in effect and copies thereof are on file with the office of financial management; and the treasurer shall not be liable under the treasurer's surety bond for erroneous or improper payments so made. When services are lawfully paid for in advance of full performance by any private individual or business entity other than as provided for by RCW 42.24.035, such individual or entity other than central stores rendering such services shall make a cash deposit or furnish surety bond coverage to the state as shall be fixed in an amount by law, or if not fixed by law, then in such amounts as shall be fixed by the director of the department of general administration but in no case shall such required cash deposit or surety bond be less than an amount which will fully indemnify the state against any and all losses on account of breach of promise to fully perform such services. No payments shall be made in advance for any equipment maintenance services to be performed more than three months after such payment. Any such bond so furnished shall be conditioned that the person, firm or corporation receiving the advance payment will apply it toward performance of the contract. The responsibility for recovery of erroneous or improper payments made under this section shall lie with the agency head or the agency head's designee in accordance with regulations issued pursuant to this chapter. Nothing in this section shall be construed to permit a public body to advance funds to a private service provider pursuant to a grant or loan before services have been rendered or material furnished.
(6) The state auditor shall:
(a) Report to the legislature the results of current post audits that have been made of the financial transactions of each agency; to this end the auditor may, in the auditor's discretion, examine the books and accounts of any agency, official, or employee charged with the receipt, custody, or safekeeping of public funds. Where feasible in conducting examinations, the auditor shall utilize data and findings from the internal control system prescribed by the office of financial management. The current post audit of each agency may include a section on recommendations to the legislature as provided in (c) of this subsection.
(b) Give information to the legislature, whenever required, upon any subject relating to the financial affairs of the state.
(c) Make the auditor's official report on or before the thirty-first of December which precedes the meeting of the legislature. The report shall be for the last complete fiscal period and shall include determinations as to whether agencies, in making expenditures, complied with the laws of this state. The state auditor is authorized to perform or participate in performance verifications ((only)) and performance audits as expressly authorized by the legislature in the omnibus biennial appropriations acts or in the performance audit work plan approved by the joint legislative audit and review committee. The state auditor, upon completing an audit for legal and financial compliance under chapter 43.09 RCW or a performance verification, may report to the joint legislative ((budget)) audit and review committee or other appropriate committees of the legislature, in a manner prescribed by the joint legislative ((budget)) audit and review committee, on facts relating to the management or performance of governmental programs where such facts are discovered incidental to the legal and financial audit or performance verification. The auditor may make such a report to a legislative committee only if the auditor has determined that the agency has been given an opportunity and has failed to resolve the management or performance issues raised by the auditor. If the auditor makes a report to a legislative committee, the agency may submit to the committee a response to the report. This subsection (6) shall not be construed to authorize the auditor to allocate other than de minimis resources to performance audits except as expressly authorized in the appropriations acts or in the performance audit work plan. The results of a performance audit conducted by the state auditor that has been requested by the joint legislative audit and review committee must only be transmitted to the joint legislative audit and review committee.
(d) Be empowered to take exception to specific expenditures that have been incurred by any agency or to take exception to other practices related in any way to the agency's financial transactions and to cause such exceptions to be made a matter of public record, including disclosure to the agency concerned and to the director of financial management. It shall be the duty of the director of financial management to cause corrective action to be taken promptly, such action to include, as appropriate, the withholding of funds as provided in RCW 43.88.110.
(e) Promptly report any irregularities to the attorney general.
(f) Investigate improper governmental activity under chapter 42.40 RCW.
(7) The joint legislative ((budget)) audit and review committee may:
(a) Make post audits of the financial transactions of any agency and management surveys and program reviews as provided for in chapter 44.28 RCW ((44.28.085)) as well as performance audits and program evaluations. To this end the joint committee may in its discretion examine the books, accounts, and other records of any agency, official, or employee.
(b) Give information to the legislature or any legislative committee whenever required upon any subject relating to the performance and management of state agencies.
(c) Make a report to the legislature which shall include at least the following:
(i) Determinations as to the extent to which agencies in making expenditures have complied with the will of the legislature and in this connection, may take exception to specific expenditures or financial practices of any agencies; and
(ii) Such plans as it deems expedient for the support of the state's credit, for lessening expenditures, for promoting frugality and economy in agency affairs, and generally for an improved level of fiscal management.
Sec. 26. RCW 28A.630.830 and 1994 c 13 s 5 are each amended to read as follows:
(1) The selection advisory committee is created. The committee shall be composed of up to three members from the house of representatives, up to three members from the senate, up to two members from the office of the superintendent of public instruction, and one member from each of the following: The office of financial management, Washington state special education coalition, transitional bilingual instruction educators, and Washington education association.
(2) The joint legislative ((budget)) audit and review committee and the superintendent of public instruction shall provide staff for the selection advisory committee.
(3) The selection advisory committee shall:
(a) Develop appropriate criteria for selecting demonstration projects;
(b) Issue requests for proposals in accordance with RCW 28A.630.820 through 28A.630.845 for demonstration projects;
(c) Review proposals and recommend demonstration projects for approval by the superintendent of public instruction; and
(d) Advise the superintendent of public instruction on the evaluation design.
Sec. 27. RCW 28B.20.382 and 1987 c 505 s 13 are each amended to read as follows:
Until authorized and empowered to do so by statute of the legislature, the board of regents of the university, with respect to that certain tract of land in the city of Seattle originally known as the "old university grounds" and more recently known as the "Metropolitan Tract" and any land contiguous thereto, shall not sell ((said)) the land or any part thereof or any improvement thereon, or lease ((said)) the land or any part thereof or any improvement thereon or renew or extend any lease thereof for a term ending more than sixty years beyond midnight, December 31, 1980. Any sale of ((said)) the land or any part thereof or any improvement thereon, or any lease or renewal or extension of any lease of ((said)) the land or any part thereof or any improvement thereon for a term ending more than sixty years after midnight, December 31, 1980, made or attempted to be made by the board of regents shall be null and void unless and until the same has been approved or ratified and confirmed by legislative act.
The board of regents shall have power from time to time to lease ((said)) the land, or any part thereof or any improvement thereon for a term ending not more than sixty years beyond midnight, December 31, 1980: PROVIDED, That the board of regents shall make a full, detailed report of all leases and transactions pertaining to ((said)) the land or any part thereof or any improvement thereon to the joint legislative ((budget)) audit and review committee, including one copy to the staff of the committee, during an odd-numbered year: PROVIDED FURTHER, That any and all records, books, accounts ((and/or)), and agreements of any lessee or sublessee under this section, pertaining to compliance with the terms and conditions of such lease or sublease, shall be open to inspection by the board of regents ((and/or)), the ways and means committee((s)) of the senate ((or)), the appropriations committee of the house of representatives ((or)), and the joint legislative ((budget)) audit and review committee or any successor committees. It is not intended by this proviso that unrelated records, books, accounts ((and/or)), and agreements of lessees, sublessees, or related companies be open to such inspection.
Sec. 28. RCW 39.19.060 and 1993 c 512 s 9 are each amended to read as follows:
Each state agency and educational institution shall comply with the annual goals established for that agency or institution under this chapter for public works and procuring goods or services. This chapter applies to all public works and procurement by state agencies and educational institutions, including all contracts and other procurement under chapters 28B.10, 39.04, 39.29, 43.19, and 47.28 RCW. Each state agency shall adopt a plan, developed in consultation with the director and the advisory committee, to insure that minority and women-owned businesses are afforded the maximum practicable opportunity to directly and meaningfully participate in the execution of public contracts for public works and goods and services. The plan shall include specific measures the agency will undertake to increase the participation of certified minority and women-owned businesses. The office shall annually notify the governor, the state auditor, and the joint legislative ((budget)) audit and review committee of all agencies and educational institutions not in compliance with this chapter.
Sec. 29. RCW 39.29.016 and 1987 c 414 s 4 are each amended to read as follows:
Emergency contracts shall be filed with the office of financial management and the joint legislative ((budget)) audit and review committee and made available for public inspection within three working days following the commencement of work or execution of the contract, whichever occurs first. Documented justification for emergency contracts shall be provided to the office of financial management and the joint legislative ((budget)) audit and review committee when the contract is filed.
Sec. 30. RCW 39.29.018 and 1993 c 433 s 5 are each amended to read as follows:
(1) Sole source contracts shall be filed with the office of financial management and the joint legislative ((budget)) audit and review committee and made available for public inspection at least ten working days prior to the proposed starting date of the contract. Documented justification for sole source contracts shall be provided to the office of financial management and the joint legislative ((budget)) audit and review committee when the contract is filed. For sole source contracts of ten thousand dollars or more that are state funded, documented justification shall include evidence that the agency attempted to identify potential consultants by advertising through state-wide or regional newspapers.
(2) The office of financial management shall approve sole source contracts of ten thousand dollars or more that are state funded, before any such contract becomes binding and before any services may be performed under the contract. These requirements shall also apply to sole source contracts of less than ten thousand dollars if the total amount of such contracts between an agency and the same consultant is ten thousand dollars or more within a fiscal year. Agencies shall ensure that the costs, fees, or rates negotiated in filed sole source contracts of ten thousand dollars or more are reasonable.
Sec. 31. RCW 39.29.025 and 1993 c 433 s 3 are each amended to read as follows:
(1) Substantial changes in either the scope of work specified in the contract or in the scope of work specified in the formal solicitation document must generally be awarded as new contracts. Substantial changes executed by contract amendments must be submitted to the office of financial management and the joint legislative ((budget)) audit and review committee, and are subject to approval by the office of financial management.
(2) An amendment or amendments to personal service contracts, if the value of the amendment or amendments, whether singly or cumulatively, exceeds fifty percent of the value of the original contract must be provided to the office of financial management and the joint legislative ((budget)) audit and review committee.
(3) The office of financial management shall approve amendments provided to it under this section before the amendments become binding and before services may be performed under the amendments.
(4) The amendments must be filed with the office of financial management and made available for public inspection at least ten working days prior to the proposed starting date of services under the amendments.
(5) The office of financial management shall approve amendments provided to it under this section only if they meet the criteria for approval of the amendments established by the director of the office of financial management.
Sec. 32. RCW 39.29.055 and 1993 c 433 s 7 are each amended to read as follows:
(1) State-funded personal service contracts subject to competitive solicitation shall be filed with the office of financial management and the joint legislative ((budget)) audit and review committee and made available for public inspection at least ten working days before the proposed starting date of the contract.
(2) The office of financial management shall review and approve state-funded personal service contracts subject to competitive solicitation that provide services relating to management consulting, organizational development, marketing, communications, employee training, or employee recruiting.
Sec. 33. RCW 41.06.070 and 1995 c 163 s 1 are each amended to read as follows:
(1) The provisions of this chapter do not apply to:
(a) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, joint legislative ((budget)) audit and review committee, statute law committee, and any interim committee of the legislature;
(b) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;
(c) Officers, academic personnel, and employees of technical colleges;
(d) The officers of the Washington state patrol;
(e) Elective officers of the state;
(f) The chief executive officer of each agency;
(g) In the departments of employment security and social and health services, the director and the director's confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his or her confidential secretary, and his or her statutory assistant directors;
(h) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:
(i) All members of such boards, commissions, or committees;
(ii) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer: The secretary of the board, commission, or committee; the chief executive officer of the board, commission, or committee; and the confidential secretary of the chief executive officer of the board, commission, or committee;
(iii) If the members of the board, commission, or committee serve on a full-time basis: The chief executive officer or administrative officer as designated by the board, commission, or committee; and a confidential secretary to the chair of the board, commission, or committee;
(iv) If all members of the board, commission, or committee serve ex officio: The chief executive officer; and the confidential secretary of such chief executive officer;
(i) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;
(j) Assistant attorneys general;
(k) Commissioned and enlisted personnel in the military service of the state;
(l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board;
(m) The public printer or to any employees of or positions in the state printing plant;
(n) Officers and employees of the Washington state fruit commission;
(o) Officers and employees of the Washington state apple advertising commission;
(p) Officers and employees of the Washington state dairy products commission;
(q) Officers and employees of the Washington tree fruit research commission;
(r) Officers and employees of the Washington state beef commission;
(s) Officers and employees of any commission formed under chapter 15.66 RCW;
(t) Officers and employees of the state wheat commission formed under chapter 15.63 RCW;
(u) Officers and employees of agricultural commissions formed under chapter 15.65 RCW;
(v) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;
(w) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;
(x) In each agency with fifty or more employees: Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency heads;
(y) All employees of the marine employees' commission;
(z) Up to a total of five senior staff positions of the western library network under chapter 27.26 RCW responsible for formulating policy or for directing program management of a major administrative unit. This subsection (1)(z) shall expire on June 30, 1997.
(2) The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:
(a) Members of the governing board of each institution of higher education and related boards, all presidents, vice-presidents, and their confidential secretaries, administrative, and personal assistants; deans, directors, and chairs; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; principal assistants to executive heads of major administrative or academic divisions; other managerial or professional employees in an institution or related board having substantial responsibility for directing or controlling program operations and accountable for allocation of resources and program results, or for the formulation of institutional policy, or for carrying out personnel administration or labor relations functions, legislative relations, public information, development, senior computer systems and network programming, or internal audits and investigations; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington;
(b) Student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board, employed by institutions of higher education and related boards;
(c) The governing board of each institution, and related boards, may also exempt from this chapter classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training as determined by the board: PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the board under this provision;
(d) Printing craft employees in the department of printing at the University of Washington.
(3) In addition to the exemptions specifically provided by this chapter, the Washington personnel resources board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the Washington personnel resources board stating the reasons for requesting such exemptions. The Washington personnel resources board shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection. If the board determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the Washington personnel resources board shall grant the request and such determination shall be final as to any decision made before July 1, 1993. The total number of additional exemptions permitted under this subsection shall not exceed one percent of the number of employees in the classified service not including employees of institutions of higher education and related boards for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor. The Washington personnel resources board shall report to each regular session of the legislature during an odd-numbered year all exemptions granted under subsections (1)(w) and (x) and (2) of this section, together with the reasons for such exemptions.
The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full-time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsections (1)(j) through (v) and (2) of this section, shall be determined by the Washington personnel resources board.
Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights: If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.
Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.
A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.
Sec. 34. RCW 42.48.060 and 1985 c 334 s 6 are each amended to read as follows:
Nothing in this chapter is applicable to, or in any way affects, the powers and duties of the state auditor or the joint legislative ((budget)) audit and review committee.
Sec. 35. RCW 43.09.310 and 1995 c 301 s 22 are each amended to read as follows:
The state auditor shall annually audit the state-wide combined financial statements prepared by the office of financial management and make post-audits of state agencies. Post-audits of state agencies shall be made at such periodic intervals as is determined by the state auditor. Audits of combined financial statements shall include determinations as to the validity and accuracy of accounting methods, procedures and standards utilized in their preparation, as well as the accuracy of the financial statements themselves. A report shall be made of each such audit and post-audit upon completion thereof, and one copy shall be transmitted to the governor, one to the director of financial management, one to the state agency audited, one to the joint legislative ((budget)) audit and review committee, one each to the standing committees on ways and means of the house and senate, one to the chief clerk of the house, one to the secretary of the senate, and at least one shall be kept on file in the office of the state auditor. A copy of any report containing findings of noncompliance with state law shall be transmitted to the attorney general.
Sec. 36. RCW 43.21J.800 and 1993 c 516 s 11 are each amended to read as follows:
On or before June 30, 1998, the joint legislative ((budget)) audit and review committee shall prepare a report to the legislature evaluating the implementation of the environmental restoration jobs act of 1993, chapter 516, Laws of 1993.
Sec. 37. RCW 43.79.270 and 1973 c 144 s 2 are each amended to read as follows:
Whenever any money, from the federal government, or from other sources, which was not anticipated in the budget approved by the legislature has actually been received and is designated to be spent for a specific purpose, the head of any department, agency, board, or commission through which such expenditure shall be made is to submit to the governor a statement which may be in the form of a request for an allotment amendment setting forth the facts constituting the need for such expenditure and the estimated amount to be expended: PROVIDED, That no expenditure shall be made in excess of the actual amount received, and no money shall be expended for any purpose except the specific purpose for which it was received. A copy of any proposal submitted to the governor to expend money from an appropriated fund or account in excess of appropriations provided by law which is based on the receipt of unanticipated revenues shall be submitted to the joint legislative ((budget)) audit and review committee and also to the standing committees on ways and means of the house and senate if the legislature is in session at the same time as it is transmitted to the governor.
Sec. 38. RCW 43.79.280 and 1973 c 144 s 3 are each amended to read as follows:
If the governor approves such estimate in whole or part, he shall endorse on each copy of the statement his approval, together with a statement of the amount approved in the form of an allotment amendment, and transmit one copy to the head of the department, agency, board, or commission authorizing the expenditure. An identical copy of the governor's statement of approval and a statement of the amount approved for expenditure shall be transmitted simultaneously to the joint legislative ((budget)) audit and review committee and also to the standing committee on ways and means of the house and senate of all executive approvals of proposals to expend money in excess of appropriations provided by law.
Sec. 39. RCW 43.88.205 and 1979 c 151 s 141 are each amended to read as follows:
(1) Whenever an agency makes application, enters into a contract or agreement, or submits state plans for participation in, and for grants of federal funds under any federal law, the agency making such application shall at the time of such action, give notice in such form and manner as the director of financial management may prescribe, or the ((chairman)) chair of the joint legislative ((budget)) audit and review committee, standing committees on ways and means of the house and senate, the chief clerk of the house, or the secretary of the senate may request.
(2) Whenever any such application, contract, agreement, or state plan is amended, such agency shall notify each such officer of such action in the same manner as prescribed or requested pursuant to subsection (1) of this section.
(3) Such agency shall promptly furnish such progress reports in relation to each such application, contract, agreement, or state plan as may be requested following the date of the filing of the application, contract, agreement, or state plan; and shall also file with each such officer a final report as to the final disposition of each such application, contract, agreement, or state plan if such is requested.
Sec. 40. RCW 43.88.230 and 1981 c 270 s 12 are each amended to read as follows:
For the purposes of this chapter, the statute law committee, the joint legislative ((budget)) audit and review committee, the legislative transportation committee, the legislative evaluation and accountability program committee, the office of state actuary, and all legislative standing committees of both houses shall be deemed a part of the legislative branch of state government.
Sec. 41. RCW 43.88.310 and 1993 c 157 s 1 are each amended to read as follows:
(1) The legislative auditor of the office of the joint legislative audit and review committee, with the concurrence of the joint legislative ((budget)) audit and review committee, may file with the attorney general any audit exceptions or other findings of any performance audit, management study, or special report prepared for the joint legislative ((budget)) audit and review committee, any standing or special committees of the house or senate, or the entire legislature which indicate a violation of RCW 43.88.290, or any other act of malfeasance, misfeasance, or nonfeasance on the part of any state officer or employee.
(2) The attorney general shall promptly review each filing received from the legislative auditor and may act thereon as provided in RCW 43.88.300, or any other applicable statute authorizing enforcement proceedings by the attorney general. The attorney general shall advise the joint legislative ((budget)) audit and review committee of the status of exceptions or findings referred under this section.
Sec. 42. RCW 43.88.510 and 1987 c 505 s 37 are each amended to read as follows:
Not later than ninety days after the beginning of each biennium, the director of financial management shall submit the compiled list of boards, commissions, councils, and committees, together with the information on each such group, that is required by RCW 43.88.505 to:
(1) The speaker of the house and the president of the senate for distribution to the appropriate standing committees, including one copy to the staff of each of the committees;
(2) The chair of the joint legislative ((budget)) audit and review committee, including a copy to the staff of the committee;
(3) The chairs of the committees on ways and means of the senate and house of representatives; and
(4) Members of the state government committee of the house of representatives and of the governmental operations committee of the senate, including one copy to the staff of each of the committees.
Sec. 43. RCW 43.131.050 and 1990 c 297 s 2 are each amended to read as follows:
The joint legislative ((budget)) audit and review committee shall cause to be conducted a program and fiscal review of any state agency or program scheduled for termination by the processes provided in this chapter. Such program and fiscal review shall be completed and a preliminary report prepared on or before June 30th of the year prior to the date established for termination. Upon completion of its preliminary report, the joint legislative ((budget)) audit and review committee shall transmit copies of the report to the office of financial management. The office of financial management may then conduct its own program and fiscal review of the agency scheduled for termination and shall prepare a report on or before September 30th of the year prior to the date established for termination. Upon completion of its report the office of financial management shall transmit copies of its report to the joint legislative ((budget)) audit and review committee. The joint legislative ((budget)) audit and review committee shall prepare a final report that includes the reports of both the office of financial management and the joint legislative ((budget)) audit and review committee. The joint legislative ((budget)) audit and review committee and the office of financial management shall, upon request, make available to each other all working papers, studies, and other documents which relate to reports required under this section. The joint legislative ((budget)) audit and review committee shall transmit the final report to the legislature, to the state agency concerned, to the governor, and to the state library.
Sec. 44. RCW 43.131.060 and 1988 c 17 s 1 are each amended to read as follows:
In conducting the review of a regulatory entity, the joint legislative ((budget)) audit and review committee shall consider, but not be limited to, the following factors where applicable:
(1) The extent to which the regulatory entity has operated in the public interest and fulfilled its statutory obligations;
(2) The duties of the regulatory entity and the costs incurred in carrying out those duties;
(3) The extent to which the regulatory entity is operating in an efficient, effective, and economical manner;
(4) The extent to which the regulatory entity inhibits competition or otherwise adversely affects the state's economic climate;
(5) The extent to which the regulatory entity duplicates the activities of other regulatory entities or of the private sector, where appropriate; and
(6) The extent to which the absence or modification of regulation would adversely affect, maintain, or improve the public health, safety, or welfare.
Sec. 45. RCW 43.131.070 and 1977 ex.s. c 289 s 7 are each amended to read as follows:
In conducting the review of a state agency other than a regulatory entity, the joint legislative ((budget)) audit and review committee shall consider, but not be limited to, the following factors where applicable:
(1) The extent to which the state agency has complied with legislative intent;
(2) The extent to which the state agency is operating in an efficient and economical manner which results in optimum performance;
(3) The extent to which the state agency is operating in the public interest by effectively providing a needed service that should be continued rather than modified, consolidated, or eliminated;
(4) The extent to which the state agency duplicates the activities of other state agencies or of the private sector, where appropriate; and
(5) The extent to which the termination or modification of the state agency would adversely affect the public health, safety, or welfare.
Sec. 46. RCW 43.131.080 and 1989 c 175 s 109 are each amended to read as follows:
(1) Following receipt of the final report from the joint legislative ((budget)) audit and review committee, the appropriate committees of reference in the senate and the house of representatives shall each hold a public hearing, unless a joint hearing is held, to consider the final report and any related data. The committees shall also receive testimony from representatives of the state agency or agencies involved, which shall have the burden of demonstrating a public need for its continued existence; and from the governor or the governor's designee, and other interested parties, including the general public.
(2) When requested by either of the presiding members of the appropriate senate and house committees of reference, a regulatory entity under review shall mail an announcement of any hearing to the persons it regulates who have requested notice of agency rule-making proceedings as provided in RCW 34.05.320, or who have requested notice of hearings held pursuant to the provisions of this section. On request of either presiding member, such mailing shall include an explanatory statement not exceeding one page in length prepared and supplied by the member's committee.
(3) The presiding members of the senate committee on ways and means and the house committee on appropriations may designate one or more liaison members to each committee of reference in their respective chambers for purposes of participating in any hearing and in subsequent committee of reference discussions and to seek a coordinated approach between the committee of reference and the committee they represent in a liaison capacity.
(4) Following any hearing under subsection (1) of this section by the committees of reference, such committees may hold additional meetings or hearings to come to a final determination as to whether a state agency has demonstrated a public need for its continued existence or whether modifications in existing procedures are needed. In the event that a committee of reference concludes that a state agency shall be reestablished or modified or its functions transferred elsewhere, it shall make such determination as a bill. No more than one state agency shall be reestablished or modified in any one bill.
Sec. 47. RCW 43.131.110 and 1977 ex.s. c 289 s 11 are each amended to read as follows:
Any reference in this chapter to a committee of the legislature including the joint legislative ((budget)) audit and review committee shall also refer to the successor of that committee.
Sec. 48. RCW 43.250.080 and 1986 c 294 s 8 are each amended to read as follows:
At the end of each fiscal year, the state treasurer shall submit to the governor, the state auditor, and the joint legislative ((budget)) audit and review committee a summary of the activity of the investment pool. The summary shall indicate the quantity of funds deposited; the earnings of the pool; the investments purchased, sold, or exchanged; the administrative expenses of the investment pool; and such other information as the state treasurer deems relevant.
Sec. 49. RCW 44.40.025 and 1981 c 270 s 15 are each amended to read as follows:
In addition to the powers and duties authorized in RCW 44.40.020, the committee and the standing committees on transportation of the house and senate shall, in coordination with the joint legislative ((budget)) audit and review committee, the legislative evaluation and accountability program committee, and the ways and means committees of the senate and house of representatives, ascertain, study, and/or analyze all available facts and matters relating or pertaining to sources of revenue, appropriations, expenditures, and financial condition of the motor vehicle fund and accounts thereof, the highway safety fund, and all other funds or accounts related to transportation programs of the state.
The joint legislative ((budget)) audit and review committee, the legislative evaluation and accountability program committee, and the ways and means committees of the senate and house of representatives shall coordinate their activities with the legislative transportation committee in carrying out the committees' powers and duties under chapter 43.88 RCW in matters relating to the transportation programs of the state.
Sec. 50. RCW 67.70.310 and 1982 2nd ex.s. c 7 s 31 are each amended to read as follows:
The director of financial management may conduct a management review of the commission's lottery operations to assure that:
(1) The manner and time of payment of prizes to the holder of winning tickets or shares is consistent with this chapter and the rules adopted under this chapter;
(2) The apportionment of total revenues accruing from the sale of lottery tickets or shares and from all other sources is consistent with this chapter;
(3) The manner and type of lottery being conducted, and the expenses incidental thereto, are the most efficient and cost-effective; and
(4) The commission is not unnecessarily incurring operating and administrative costs.
In conducting a management review, the director of financial management may inspect the books, documents, and records of the commission. Upon completion of a management review, all irregularities shall be reported to the attorney general, the joint legislative ((budget)) audit and review committee, and the state auditor. The director of financial management shall make such recommendations as may be necessary for the most efficient and cost-effective operation of the lottery.
Sec. 51. RCW 79.01.006 and 1991 c 204 s 1 are each amended to read as follows:
(1) Every five years the department of social and health services and other state agencies that operate institutions shall conduct an inventory of all real property subject to the charitable, educational, penal, and reformatory institution account and other real property acquired for institutional purposes or for the benefit of the blind, deaf, mentally ill, developmentally disabled, or otherwise disabled. The inventory shall identify which of those real properties are not needed for state-provided residential care, custody, or treatment. By December 1, 1992, and every five years thereafter the department shall report the results of the inventory to the house of representatives committee on capital facilities and financing, the senate committee on ways and means, and the joint legislative ((budget)) audit and review committee.
(2) Real property identified as not needed for state-provided residential care, custody, or treatment shall be transferred to the corpus of the charitable, educational, penal, and reformatory institution account. This subsection shall not apply to real property subject to binding conditions that conflict with the other provisions of this subsection.
(3) The department of natural resources shall manage all property subject to the charitable, educational, penal, and reformatory institution account and, in consultation with the department of social and health services and other affected agencies, shall adopt a plan for the management of real property subject to the account and other real property acquired for institutional purposes or for the benefit of the blind, deaf, mentally ill, developmentally disabled, or otherwise disabled.
(a) The plan shall be consistent with state trust land policies and shall be compatible with the needs of institutions adjacent to real property subject to the plan.
(b) The plan may be modified as necessary to ensure the quality of future management and to address the acquisition of additional real property.
Sec. 52. RCW 44.--.--- and 1996 c . . . (ESSB 6680) s 4 are each amended to read as follows:
(1) Performance reviews under this chapter shall include a rethinking of the programs and functions of state agencies to assess whether or not they have a vital purpose or valid mission. The director shall work to involve frontline employees, agency and program managers, customers of the program or service, other taxpayers, legislators, legislative staff, office of financial management staff, and other external public and private sector experts as deemed appropriate in conducting performance reviews. The director shall, as necessary, contract with experts from either the private or public sector to assist in performance reviews.
(2) In preparation for a performance review, a state agency shall identify each of its discrete functions or activities, along with associated costs and full-time equivalent staff, as requested by the director. In reviewing the agency or program, the director shall identify those activities and programs that should be strengthened, those that should be abandoned, and those that need to be redirected or other alternatives explored. The review should consider: (a) Whether or not the purpose for which the agency or program was created is still valid based on the circumstances under which the program was created versus those that exist at the time of the review; (b) the extent to which the particular activity or function is specifically authorized in statute or is consistent with statutory direction and intent; (c) whether or not the agency or program is achieving the results for which it was established; (d) alternatives for delivering the program or service, either in the public or private sector; (e) duplication of services with other government programs or private enterprises or gaps in services; (f) the relative priority of the program among the agency's functions; (((c))) (g) costs or implications of not performing the function; (((d))) (h) citizen's individual responsibilities and freedoms; (((e))) (i) whether or not the mission of the agency or program is attainable considering the effect of factors and circumstances beyond the control of the agency; and (((f))) (j) in the event of inadequate performance by the program, the potential for a workable, affordable plan to improve performance.
(3) Performance reviews must also determine the existence and utility of an agency or program strategic plan that includes a concise statement of the agency's or program's mission, a vision for future direction, measurable goals and objectives, and clear strategies and specific timelines to achieve them. The director shall determine the extent to which the plan: (a) Forms the basis of agency management practices and continuous process reevaluation and improvement; (b) can be used to clearly identify and prioritize agency functions; (c) provides a valuable basis for legislative policy and budget deliberations; (d) is used to ensure accountability of employees, particularly managers, for achieving program goals, and is a primary consideration in retention and promotion of staff; (e) is used to assess the quality and effectiveness of the agency's programs and activities; (f) appropriately balances cost objectives, quality objectives, and performance objectives; and (g) is useful in demonstrating public accountability. The agency strategic plan shall provide for periodic self-assessment by the agency to determine whether the agency is achieving the goals and objectives of its programs. Where self-assessments have been completed by an agency, the assessments must be incorporated into a performance review conducted under this chapter.
(4) If the state agency or program being reviewed has not identified acceptable organizations or programs in the public or private sector to be used as benchmarks against which to measure its performance, the director shall conduct a review sufficient to recommend such benchmarks to the agency, the governor, and the legislature.
(5) As a part of each performance review and in consultation with the director of the agency being reviewed and the director of financial management, the director of the legislative office of performance review shall develop recommendations regarding statutes that inhibit or do not contribute to the agency's ability to perform its functions effectively and efficiently.
(6) Based on the information and conclusions compiled from the work required in subsections (1) through (5) of this section, the director shall develop an advisory recommendation for the governor and the legislature regarding whether an agency, programs of an agency, or activities within an agency should be continued, abandoned, or restructured.
Sec. 53. RCW 43.88.030 and 1996 c . . . (ESSB 6680) s 9 are each amended to read as follows:
(1) The director of financial management shall provide all agencies with a complete set of instructions for submitting biennial budget requests to the director at least three months before agency budget documents are due into the office of financial management. The director shall provide agencies that are required under RCW 44.40.070 to develop comprehensive six-year program and financial plans with a complete set of instructions for submitting these program and financial plans at the same time that instructions for submitting other budget requests are provided. The budget document or documents shall consist of the governor's budget message which shall be explanatory of the budget and shall contain an outline of the proposed financial policies of the state for the ensuing fiscal period, as well as an outline of the proposed six-year financial policies where applicable, and shall describe in connection therewith the important features of the budget. The message shall set forth the reasons for salient changes from the previous fiscal period in expenditure and revenue items and shall explain any major changes in financial policy. Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material in respect to both current operations and capital improvements as the governor shall deem to be useful to the legislature. The budget document or documents shall set forth a proposal for expenditures in the ensuing fiscal period, or six-year period where applicable, based upon the estimated revenues as approved by the economic and revenue forecast council or upon the estimated revenues of the office of financial management for those funds, accounts, and sources for which the office of the economic and revenue forecast council does not prepare an official forecast, including those revenues anticipated to support the six-year programs and financial plans under RCW 44.40.070. In estimating revenues to support financial plans under RCW 44.40.070, the office of financial management shall rely on information and advice from the interagency revenue task force. Revenues shall be estimated for such fiscal period from the source and at the rates existing by law at the time of submission of the budget document, including the supplemental budgets submitted in the even-numbered years of a biennium. However, the estimated revenues for use in the governor's budget document may be adjusted to reflect budgetary revenue transfers and revenue estimates dependent upon budgetary assumptions of enrollments, workloads, and caseloads. All adjustments to the approved estimated revenues must be set forth in the budget document. The governor may additionally submit, as an appendix to each supplemental, biennial, or six-year agency budget or to the budget document or documents, a proposal for expenditures in the ensuing fiscal period from revenue sources derived from proposed changes in existing statutes.
Supplemental and biennial documents shall reflect a six-year expenditure plan consistent with estimated revenues from existing sources and at existing rates for those agencies required to submit six-year program and financial plans under RCW 44.40.070. Any additional revenue resulting from proposed changes to existing statutes shall be separately identified within the document as well as related expenditures for the six-year period.
The budget document or documents shall also contain:
(a) Revenues classified by fund and source for the immediately past fiscal period, those received or anticipated for the current fiscal period, those anticipated for the ensuing biennium, and those anticipated for the ensuing six-year period to support the six-year programs and financial plans required under RCW 44.40.070;
(b) The undesignated fund balance or deficit, by fund;
(c) Such additional information dealing with expenditures, revenues, workload, performance, and personnel as the legislature may direct by law or concurrent resolution;
(d) Such additional information dealing with revenues and expenditures as the governor shall deem pertinent and useful to the legislature;
(e) Tabulations showing expenditures classified by fund, function, activity and object;
(f) A delineation of each agency's activities, including those activities funded from nonbudgeted, nonappropriated sources, including funds maintained outside the state treasury;
(g) Identification of all proposed direct expenditures to implement the Puget Sound water quality plan under chapter 90.70 RCW, shown by agency and in total; and
(h) Tabulations showing each postretirement adjustment by retirement system established after fiscal year 1991, to include, but not be limited to, estimated total payments made to the end of the previous biennial period, estimated payments for the present biennium, and estimated payments for the ensuing biennium.
(2) The budget document or documents shall include detailed estimates of all anticipated revenues applicable to proposed operating or capital expenditures and shall also include all proposed operating or capital expenditures. The total of beginning undesignated fund balance and estimated revenues less working capital and other reserves shall equal or exceed the total of proposed applicable expenditures. The budget document or documents shall further include:
(a) Interest, amortization and redemption charges on the state debt;
(b) Payments of all reliefs, judgments and claims;
(c) Other statutory expenditures;
(d) Expenditures incident to the operation for each agency;
(e) Revenues derived from agency operations;
(f) Expenditures and revenues shall be given in comparative form showing those incurred or received for the immediately past fiscal period and those anticipated for the current biennium and next ensuing biennium, as well as those required to support the six-year programs and financial plans required under RCW 44.40.070;
(g) A showing and explanation of amounts of general fund and other funds obligations for debt service and any transfers of moneys that otherwise would have been available for appropriation;
(h) Common school expenditures on a fiscal-year basis;
(i) A showing, by agency, of the value and purpose of financing contracts for the lease/purchase or acquisition of personal or real property for the current and ensuing fiscal periods;
(j) A showing and explanation of anticipated amounts of general fund and other funds required to amortize the unfunded actuarial accrued liability of the retirement system specified under chapter 41.45 RCW, and the contributions to meet such amortization, stated in total dollars and as a level percentage of total compensation; and
(k) For each agency, a description of the findings and recommendations of any applicable review by the legislative office of performance review conducted during the prior fiscal period. The budget document must describe the potential costs and savings associated with implementing the findings and recommendations, including any recommendations for program eliminations and alternative delivery methods.
(3) A separate capital budget document or schedule shall be submitted that will contain the following:
(a) A statement setting forth a long-range facilities plan for the state that identifies and includes the highest priority needs within affordable spending levels;
(b) A capital program consisting of proposed capital projects for the next biennium and the two biennia succeeding the next biennium consistent with the long-range facilities plan. Insomuch as is practical, and recognizing emergent needs, the capital program shall reflect the priorities, projects, and spending levels proposed in previously submitted capital budget documents in order to provide a reliable long-range planning tool for the legislature and state agencies;
(c) A capital plan consisting of proposed capital spending for at least four biennia succeeding the next biennium;
(d) A statement of the reason or purpose for a project;
(e) Verification that a project is consistent with the provisions set forth in chapter 36.70A RCW;
(f) A statement about the proposed site, size, and estimated life of the project, if applicable;
(g) Estimated total project cost;
(h) For major projects valued over five million dollars, estimated costs for the following project components: Acquisition, consultant services, construction, equipment, project management, and other costs included as part of the project. Project component costs shall be displayed in a standard format defined by the office of financial management to allow comparisons between projects;
(i) Estimated total project cost for each phase of the project as defined by the office of financial management;
(j) Estimated ensuing biennium costs;
(k) Estimated costs beyond the ensuing biennium;
(l) Estimated construction start and completion dates;
(m) Source and type of funds proposed;
(n) Estimated ongoing operating budget costs or savings resulting from the project, including staffing and maintenance costs;
(o) For any capital appropriation requested for a state agency for the acquisition of land or the capital improvement of land in which the primary purpose of the acquisition or improvement is recreation or wildlife habitat conservation, the capital budget document, or an omnibus list of recreation and habitat acquisitions provided with the governor's budget document, shall identify the projected costs of operation and maintenance for at least the two biennia succeeding the next biennium. Omnibus lists of habitat and recreation land acquisitions shall include individual project cost estimates for operation and maintenance as well as a total for all state projects included in the list. The document shall identify the source of funds from which the operation and maintenance costs are proposed to be funded;
(p) Such other information bearing upon capital projects as the governor deems to be useful;
(q) Standard terms, including a standard and uniform definition of maintenance for all capital projects;
(r) Such other information as the legislature may direct by law or concurrent resolution.
For purposes of this subsection (3), the term "capital project" shall be defined subsequent to the analysis, findings, and recommendations of a joint committee comprised of representatives from the house capital appropriations committee, senate ways and means committee, legislative transportation committee, legislative evaluation and accountability program committee, and office of financial management.
(4) No change affecting the comparability of agency or program information relating to expenditures, revenues, workload, performance and personnel shall be made in the format of any budget document or report presented to the legislature under this section or RCW 43.88.160(1) relative to the format of the budget document or report which was presented to the previous regular session of the legislature during an odd-numbered year without prior legislative concurrence. Prior legislative concurrence shall consist of (a) a favorable majority vote on the proposal by the standing committees on ways and means of both houses if the legislature is in session or (b) a favorable majority vote on the proposal by members of the legislative evaluation and accountability program committee if the legislature is not in session.
NEW SECTION. Sec. 54. Sections 2, 9, 10, and 13 through 17 of this act are each added to chapter 44.28 RCW.
NEW SECTION. Sec. 55. RCW 44.28.140, 44.28.180, and 44.28.087, as amended by this act, are each recodified within chapter 44.28 RCW in the order in which they appear in this act.
NEW SECTION. Sec. 56. If sections 4 and 9 of chapter . . . , Laws of 1996 (ESSB 6680) do not become law, sections 52 and 53 of this act are null and void.
NEW SECTION. Sec. 57. The following acts or parts of acts are each repealed:
(1) RCW 44.28.085 and 1993 c 406 s 6, 1975 1st ex.s. c 293 s 15, & 1971 ex.s. c 170 s 3; and
(2) RCW 44.28.086 and 1973 1st ex.s. c 197 s 1."
On page 1, line 2 of the title, after "programs;" strike the remainder of the title and insert "amending RCW 44.28.010, 44.28.020, 44.28.030, 44.28.040, 44.28.060, 44.28.140, 44.28.080, 44.28.180, 44.28.087, 44.28.100, 44.28.120, 44.28.130, 44.28.150, 43.88.020, 43.88.090, 43.88.160, 28A.630.830, 28B.20.382, 39.19.060, 39.29.016, 39.29.018, 39.29.025, 39.29.055, 41.06.070, 42.48.060, 43.09.310, 43.21J.800, 43.79.270, 43.79.280, 43.88.205, 43.88.230, 43.88.310, 43.88.510, 43.131.050, 43.131.060, 43.131.070, 43.131.080, 43.131.110, 43.250.080, 44.40.025, 67.70.310, 79.01.006, 44.--.--- (1996 c . . . (ESSB 6680) s 4), and 43.88.030; adding new sections to chapter 44.28 RCW; creating new sections; recodifying RCW 44.28.140, 44.28.180, and 44.28.087; and repealing RCW 44.28.085 and 44.28.086."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
There being no objection the House concurs in the Senate amendments to Engrossed Second Substitute House Bill No. 2222 and pass the bill as amended by the Senate.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 2222 as amended by the Senate.
Representatives Backlund and H. Sommers spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 2222, as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.
Engrossed Second Substitute House Bill No. 2222 as amended by the Senate, having received the constitutional majority, was declared passed.
MESSAGE FROM THE SENATE
March 7, 1996
Mr. Speaker:
The Senate has adopted the report of the Conference Committee on HOUSE BILL NO. 2490 and has passed the bill as recommended by the Conference Committee
and the same are herewith transmitted.
Marty Brown, Secretary
REPORT OF CONFERENCE COMMITTEE
Prepared by: David Cheal (7576) Includes "NEW ITEM": YES
Providing for credit for reinsurance of trust fund maintained that meets national association of insurance commissioners standards.
Mr. President:
Mr. Speaker:
We of your CONFERENCE COMMITTEE, to whom was referred HOUSE BILL NO. 2490, Reimbursement of credit risks, have had the same under consideration and we recommend that:
All previous amendments not be adopted; and
That the striking amendments by the Conference Committee (see attached (2490 AMC CONF S5832.1) be adopted,
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 48.12.160 and 1994 c 86 s 1 are each amended to read as follows:
(1) Any insurance company organized under the laws of this state may take credit as an asset or as a deduction from loss or claim, unearned premium, or life policy or contract reserves on risks ceded to a reinsurer to the extent reinsured by an insurer or insurers holding a certificate of authority to transact that kind of business in this state. The credit on ceded risks reinsured by any insurer which is not authorized to transact business in this state may be taken:
(a) Where the reinsurer is a group including incorporated and unincorporated underwriters, and the group maintains a trust fund in a United States bank that is determined by the national association of insurance commissioners to meet credit standards for issuing letters of credit in connection with reinsurance, which trust fund must be in an amount equal to the group's liabilities attributable to business written in the United States, and in addition, the group shall maintain a trusteed surplus of which one hundred million dollars shall be held jointly and exclusively for the benefit of United States ceding insurers of any member of the group; the incorporated members of the group shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of solvency regulation and control by the group's domiciliary regulator as are the unincorporated members; and the group shall make available to the commissioner an annual certification of the solvency of each underwriter by the group's domiciliary regulator and its independent public accountants; ((or))
(b) Where the reinsurer does not meet the definition of (a) of this subsection, the reinsurer maintains a trust fund in a United States bank that is determined by the national association of insurance commissioners to meet credit standards for issuing letters of credit in connection with reinsurance, which trust fund must be in an amount equal to the reinsurer's liabilities attributable to reinsurance ceded by United States domiciled insurers, and in addition, the assuming insurer shall maintain a trusteed surplus of not less than twenty million dollars; or
(c) In an amount not exceeding:
(i) The amount of deposits by and funds withheld from the assuming insurer pursuant to express provision therefor in the reinsurance contract, as security for the payment of the obligations thereunder, if the deposits or funds are assets of the types and amounts that are authorized under chapter 48.13 RCW and are held subject to withdrawal by and under the control of the ceding insurer or if the deposits or funds are placed in trust for these purposes in a bank which is a member of the federal reserve system and withdrawals from the trust cannot be made without the consent of the ceding company; or
(ii) The amount of a clean, irrevocable, and unconditional letter of credit issued by a United States bank that is determined by the national association of insurance commissioners to meet credit standards for issuing letters of credit in connection with reinsurance, and issued for a term of at least one year with provisions that it must be renewed unless the bank gives notice of nonrenewal at least thirty days before the expiration issued under arrangements satisfactory to the commissioner of insurance as constituting security to the ceding insurer substantially equal to that of a deposit under (((b))) (c) (i) of this subsection.
(2) Any reinsurance ceded by a company organized under the laws of this state or ceded by any company not organized under the laws of this state and transacting business in this state must be payable by the assuming insurer on the basis of liability of the ceding company under the contract or contracts reinsured without diminution because of the insolvency of the ceding company, and any such reinsurance agreement which may be canceled on less than ninety days notice must provide for a run-off of the reinsurance in force at the date of cancellation.
(3) A reinsurance agreement may provide that the liquidator or receiver or statutory successor of an insolvent ceding insurer shall give written notice of the pendency of a claim against the insolvent ceding insurer on the policy or bond reinsured within a reasonable time after such claim is filed in the insolvency proceeding and that during the pendency of such claim any assuming insurer may investigate such claim and interpose, at its own expense, in the proceeding where such claim is to be adjudicated, any defense or defenses which it may deem available to the ceding insurer or its liquidator or receiver or statutory successor.
The expense thus incurred by the assuming insurer shall be chargeable subject to court approval against the insolvent ceding insurer as a part of the expense of liquidation to the extent of a proportionate share of the benefit which may accrue to the ceding insurer solely as a result of the defense undertaken by the assuming insurer.
(4) Where two or more assuming insurers are involved in the same claim and a majority in interest elect to interpose to such claim, the expense shall be apportioned in accordance with the terms of the reinsurance agreement as though such expense had been incurred by the ceding insurer.
NEW SECTION. Sec. 2. The insurance commissioner shall adopt rules to implement and administer the amendatory changes made by section 1 of this act.
NEW SECTION. Sec. 3. (1) The insurance commissioner shall conduct a study to determine what rules or requirements are necessary to ensure the safety, soundness, and regulatory oversight of the practice set forth in section 1(1)(b) of this act.
(2) There is appropriated from the insurance commissioner's regulatory account, over and above the appropriation for the insurance commissioner for the fiscal year ending June 30, 1997, the sum of ten thousand dollars, or as much thereof as may be necessary, for the insurance commissioner to conduct the study in subsection (1) of this section.
NEW SECTION. Sec. 4. (1) Sections 2 and 3 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
(2) Section 1 of this act shall take effect January 1, 1997."
On page 1, line 1 of the title, after "risks;" strike the remainder of the title and insert "amending RCW 48.12.160; creating new sections; making an appropriation; providing an effective date; and declaring an emergency."
and that the bill do pass as recommended by the Conference Committee.
Signed by Senators Prentice, Hale, Fraser; Representatives L. Thomas, Smith, Wolfe
There being no objection, the House adopts the Report of the Conference Committee on House Bill No. 2490 and pass the bill as recommended by the Conference Committee.
FINAL PASSAGE OF HOUSE BILL
AS RECOMMENDED BY THE CONFERENCE COMMITTEE
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 2490 as recommended by the Conference Committee.
Representatives L. Thomas and Wolfe spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2490, as recommended by the Conference Committee and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.
House Bill No. 2490 as recommended by the Conference Committee, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 7, 1996
Mr. Speaker:
The Senate has passed SECOND SUBSTITUTE HOUSE BILL NO. 2031 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 90.03.525 and 1986 c 278 s 54 are each amended to read as follows:
(1) The rate charged by a local government utility to the department of transportation with respect to state highway right of way or any section of state highway right of way for the construction, operation, and maintenance of storm water control facilities under chapters 35.67, 35.92, 36.89, 36.94, 56.08, and 86.15 RCW, shall be thirty percent of the rate for comparable real property, except as otherwise provided in this section. The rate charged to the department with respect to state highway right of way or any section of state highway right of way within a local government utility's jurisdiction shall not, however, exceed the rate charged for comparable city street or county road right of way within the same jurisdiction. The legislature finds that the aforesaid rates are presumptively fair and equitable because of the traditional and continuing expenditures of the department of transportation for the construction, operation, and maintenance of storm water control facilities designed to control surface water or storm water runoff from state highway rights of way.
(2) Charges paid under subsection (1) of this section by the department of transportation must be used solely for storm water control facilities that directly reduce state highway runoff impacts or implementation of best management practices that will reduce the need for such facilities. By January 1st of each year, beginning with calendar year 1997, the local government utility, in coordination with the department, shall develop a plan for the expenditure of the charges for that calendar year. The plan must be consistent with the objectives identified in section 3 of this act. In addition, beginning with the submittal for 1998, the utility shall provide a progress report on the use of charges assessed for the prior year. No charges may be paid until the plan and report have been submitted to the department.
(3) The utility imposing the charge and the department of transportation may, however, agree to either higher or lower rates with respect to the construction, operation, or maintenance of any specific storm water control facilities based upon the ((extent and adequacy of storm water control facilities constructed by the department and upon the actual benefits to state highway rights of way from the storm water control facilities constructed by the local government utility)) annual plan prescribed in subsection (2) of this section. If a different rate is agreed to, a report so stating shall be submitted to the legislative transportation committee. If, after mediation, the local government utility and the department of transportation cannot agree upon the proper rate, and after a report has been submitted to the legislative transportation committee and after ninety days from submission of such report, either may commence an action in the superior court for the county in which the state highway right of way is located to establish the proper rate. The court in establishing the proper rate shall take into account the extent and adequacy of storm water control facilities constructed by the department and the actual benefits to the sections of state highway rights of way from storm water control facilities constructed, operated, and maintained by the local government utility. Control of surface water runoff and storm water runoff from state highway rights of way shall be deemed an actual benefit to the state highway rights of way. The rate for sections of state highway right of way as determined by the court shall be set forth in terms of the percentage of the rate for comparable real property, but shall in no event exceed the rate charged for comparable city street or county road right of way within the same jurisdiction.
(4) The legislature finds that the federal Clean Water Act (national pollution discharge elimination system, 40 C.F.R. parts 122-124), the state water pollution control act, chapter 90.48 RCW, and the highway runoff program under chapter 90.70 RCW, mandate the treatment and control of storm water runoff from state highway rights of way owned by the department of transportation. Appropriations made by the legislature to the department of transportation for the construction, operation, and maintenance of storm water control facilities are intended to address applicable federal and state mandates related to storm water control and treatment. This section is not intended to limit opportunities for sharing the costs of storm water improvements between cities, counties, and the state.
NEW SECTION. Sec. 2. The legislature finds that the increasing population and continued development throughout the state have increased the need for storm water control. Storm water impacts have resulted in increased public health risks related to drinking water and agricultural and seafood products; increased disruption of economic activity, transportation facilities, and other public and private land and facilities due to the lack of adequate flood control measures; adverse affects on state fish populations; and contamination of sediments.
In addition, current storm water control and management efforts related to transportation projects lack necessary coordination on a watershed, regional, and state-wide basis; have inadequate funding; and fail to maximize use of available resources.
More stringent regulatory requirements have increased the costs that state and local governments must incur to deal with significant sources of pollution such as storm water. The costs estimated to properly maintain and construct storm water facilities far exceed available revenues.
Therefore, it is the intent of the legislature to establish a program to develop a state-wide coordination mechanism for the funding of state highway-related storm water management and control projects that will facilitate the completion of the state's most urgently needed storm water projects in the most cost-effective manner.
NEW SECTION. Sec. 3. The department of transportation, in cooperation with the department of ecology, cities, towns, counties, environmental organizations, business organizations, Indian tribes, and port districts, shall develop a storm water management funding and implementation program to address state highway-related problems. As part of the program, the department may provide grants to facilitate the construction of the highest priority state and local storm water management projects based on cost-effectiveness and contribution toward improved water quality and reduced flooding in a watershed.
The program shall address, but is not limited to, the following objectives: (1) Greater state-wide coordination of the construction of storm water treatment facilities; (2) encouraging multijurisdictional projects; (3) developing priorities and approaches for implementing activities within watersheds; (4) identification and prioritization of storm water retrofit programs; (5) evaluating methods to determine cost benefits of proposed projects; (6) identifying ways to facilitate the sharing of technical resources; (7) developing methods for monitoring and evaluating activities carried out under the program; and (8) identifying potential funding sources for continuation of the program.
NEW SECTION. Sec. 4. The department of transportation may provide grants to implement state highway-related storm water control measures. Cities, towns, counties, port districts, Indian tribes, and the department of transportation are eligible to receive grants, on a matching basis. A committee consisting of two representatives each from the department of transportation, with one as chair, the department of ecology, cities, and counties, and one representative each from an environmental organization and a business organization, shall oversee the grant program. The committee may add representatives of other agencies, organizations, or interest groups to serve as members of the committee or in an advisory capacity. In developing project criteria, the committee shall identify the most urgent state highway-related storm water management and control problems; develop methods for applying priorities across watersheds; give added weight to projects based on local contribution, multijurisdictional involvement, and whether the project is a priority for a local storm water utility; and determine the benefits of, and, if appropriate, provide incentives for off-site placement of storm water facilities and out-of-kind mitigation for storm water impact.
NEW SECTION. Sec. 5. This chapter expires July 1, 2003.
NEW SECTION. Sec. 6. A new section is added to chapter 90.03 RCW to read as follows:
In the development of highway construction improvement projects, the department of transportation shall coordinate with adjacent local governments, ports, and other public and private organizations to determine opportunities for cost effective joint storm water treatment facilities for both new and existing impervious surfaces.
NEW SECTION. Sec. 7. By December 1, 1996, the department of transportation shall submit to the legislative transportation committee and the office of financial management a report on the implementation of the storm water management funding and implementation program. The report must include proposed criteria for project selection, procedures for managing the program, and recommendations for achieving program objectives identified in section 3 of this act. The report must make recommendations for ongoing funding of the program after evaluating potential sources including, but not limited to, the federal transportation enhancements program, the motor vehicle fund, the transportation fund, local and private contributions, user fees, and other grant sources. The report will also make recommendations for improving coordination of joint applications between the department of transportation and local governments for funds administered by the department of ecology and other sources.
NEW SECTION. Sec. 8. Sections 2 through 5 of this act constitute a new chapter in Title 90 RCW."
In line 2 of the title, after "way;" strike the remainder of the title and insert "amending RCW 90.03.525; adding a new section to chapter 90.03 RCW; adding a new chapter to Title 90 RCW; creating a new section; and providing an expiration date."
and the same are herewith transmitted.
Brad Hendrickson, Deputy Secretary
There being no objection the House concurs in the Senate amendments to Second Substitute House Bill No. 2031 and pass the bill as amended by the Senate.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 2031 as amended by the Senate.
Representatives K. Schmidt and R. Fisher spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of Second Substitute House Bill No. 2031, as amended by the Senate and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Cole, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mason, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Rust, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 98.
Second Substitute House Bill No. 2031 as amended by the Senate, having received the constitutional majority, was declared passed.
SENATE AMENDMENTS TO HOUSE BILL
March 7, 1996
Mr. Speaker:
The Senate has passed SUBSTITUTE HOUSE BILL NO. 2590 with the following amendments:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 82.04.050 and 1995 1st sp.s. c 12 s 2 are each amended to read as follows:
(1) "Sale at retail" or "retail sale" means every sale of tangible personal property (including articles produced, fabricated, or imprinted) to all persons irrespective of the nature of their business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for consumers other than a sale to a person who presents a resale certificate under RCW 82.04.470 and who:
(a) Purchases for the purpose of resale as tangible personal property in the regular course of business without intervening use by such person; or
(b) Installs, repairs, cleans, alters, imprints, improves, constructs, or decorates real or personal property of or for consumers, if such tangible personal property becomes an ingredient or component of such real or personal property without intervening use by such person; or
(c) Purchases for the purpose of consuming the property purchased in producing for sale a new article of tangible personal property or substance, of which such property becomes an ingredient or component or is a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale; or
(d) Purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon; or
(e) Purchases for the purpose of providing the property to consumers as part of competitive telephone service, as defined in RCW 82.04.065. The term shall include every sale of tangible personal property which is used or consumed or to be used or consumed in the performance of any activity classified as a "sale at retail" or "retail sale" even though such property is resold or utilized as provided in (a), (b), (c), (d), or (e) of this subsection following such use. The term also means every sale of tangible personal property to persons engaged in any business which is taxable under RCW 82.04.280 (2) and (7) and 82.04.290.
(2) The term "sale at retail" or "retail sale" shall include the sale of or charge made for tangible personal property consumed and/or for labor and services rendered in respect to the following:
(a) The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal property of or for consumers, including charges made for the mere use of facilities in respect thereto, but excluding sales of laundry service to members by nonprofit associations composed exclusively of nonprofit hospitals, and excluding services rendered in respect to live animals, birds and insects;
(b) The constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for consumers, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation, and shall also include the sale of services or charges made for the clearing of land and the moving of earth excepting the mere leveling of land used in commercial farming or agriculture;
(c) The charge for labor and services rendered in respect to constructing, repairing, or improving any structure upon, above, or under any real property owned by an owner who conveys the property by title, possession, or any other means to the person performing such construction, repair, or improvement for the purpose of performing such construction, repair, or improvement and the property is then reconveyed by title, possession, or any other means to the original owner;
(d) The sale of or charge made for labor and services rendered in respect to the cleaning, fumigating, razing or moving of existing buildings or structures, but shall not include the charge made for janitorial services; and for purposes of this section the term "janitorial services" shall mean those cleaning and caretaking services ordinarily performed by commercial janitor service businesses including, but not limited to, wall and window washing, floor cleaning and waxing, and the cleaning in place of rugs, drapes and upholstery. The term "janitorial services" does not include painting, papering, repairing, furnace or septic tank cleaning, snow removal or sandblasting;
(e) The sale of or charge made for labor and services rendered in respect to automobile towing and similar automotive transportation services, but not in respect to those required to report and pay taxes under chapter 82.16 RCW;
(f) The sale of and charge made for the furnishing of lodging and all other services by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, and it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same;
(g) The sale of or charge made for tangible personal property, labor and services to persons taxable under (a), (b), (c), (d), (e), and (f) of this subsection when such sales or charges are for property, labor and services which are used or consumed in whole or in part by such persons in the performance of any activity defined as a "sale at retail" or "retail sale" even though such property, labor and services may be resold after such use or consumption. Nothing contained in this subsection shall be construed to modify subsection (1) of this section and nothing contained in subsection (1) of this section shall be construed to modify this subsection.
(3) The term "sale at retail" or "retail sale" shall include the sale of or charge made for personal, business, or professional services including amounts designated as interest, rents, fees, admission, and other service emoluments however designated, received by persons engaging in the following business activities:
(a) Amusement and recreation services including but not limited to golf, pool, billiards, skating, bowling, ski lifts and tows, day trips for sightseeing purposes, and others, when provided to consumers;
(b) Abstract, title insurance, and escrow services;
(c) Credit bureau services;
(d) Automobile parking and storage garage services;
(e) Landscape maintenance and horticultural services but excluding (i) horticultural services provided to farmers and (ii) pruning, trimming, repairing, removing, and clearing of trees and brush near electric transmission or distribution lines or equipment, if performed by or at the direction of an electric utility;
(f) Service charges associated with tickets to professional sporting events; and
(g) ((Guided tours and guided charters; and
(h))) The following personal services: Physical fitness services, tanning salon services, tattoo parlor services, steam bath services, turkish bath services, escort services, and dating services.
(4) The term shall also include the renting or leasing of tangible personal property to consumers and the rental of equipment with an operator.
(5) The term shall also include the providing of telephone service, as defined in RCW 82.04.065, to consumers.
(6) The term shall not include the sale of or charge made for labor and services rendered in respect to the building, repairing, or improving of any street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state or by the United States and which is used or to be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind.
(7) The term shall also not include sales of feed, seed, seedlings, fertilizer, agents for enhanced pollination including insects such as bees, and spray materials to persons who participate in the federal conservation reserve program or its successor administered by the United States department of agriculture, or to farmers for the purpose of producing for sale any agricultural product, nor shall it include sales of chemical sprays or washes to persons for the purpose of post-harvest treatment of fruit for the prevention of scald, fungus, mold, or decay.
(8) The term shall not include the sale of or charge made for labor and services rendered in respect to the constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to chapter 35.82 RCW, including the installing, or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation. Nor shall the term include the sale of services or charges made for the clearing of land and the moving of earth of or for the United States, any instrumentality thereof, or a county or city housing authority.
Sec. 2. RCW 82.04.260 and 1995 2nd sp.s. c 12 s 1 and 1995 2nd sp.s. c 6 s 1 are each reenacted and amended to read as follows:
(1) Upon every person engaging within this state in the business of buying wheat, oats, dry peas, dry beans, lentils, triticale, canola, corn, rye and barley, but not including any manufactured or processed products thereof, and selling the same at wholesale; the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of 0.011 percent.
(2) Upon every person engaging within this state in the business of manufacturing wheat into flour, barley into pearl barley, soybeans into soybean oil, canola into canola oil, canola meal, or canola byproducts, or sunflower seeds into sunflower oil; as to such persons the amount of tax with respect to such business shall be equal to the value of the flour, pearl barley, oil, canola meal, or canola byproduct manufactured, multiplied by the rate of 0.138 percent.
(3) Upon every person engaging within this state in the business of splitting or processing dried peas; as to such persons the amount of tax with respect to such business shall be equal to the value of the peas split or processed, multiplied by the rate of 0.275 percent.
(4) Upon every person engaging within this state in the business of manufacturing seafood products which remain in a raw, raw frozen, or raw salted state at the completion of the manufacturing by that person; as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured, multiplied by the rate of 0.138 percent.
(5) Upon every person engaging within this state in the business of manufacturing by canning, preserving, freezing or dehydrating fresh fruits and vegetables; as to such persons the amount of tax with respect to such business shall be equal to the value of the products canned, preserved, frozen or dehydrated multiplied by the rate of 0.33 percent.
(6) Upon every nonprofit corporation and nonprofit association engaging within this state in research and development, as to such corporations and associations, the amount of tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.484 percent.
(7) Upon every person engaging within this state in the business of slaughtering, breaking and/or processing perishable meat products and/or selling the same at wholesale only and not at retail; as to such persons the tax imposed shall be equal to the gross proceeds derived from such sales multiplied by the rate of 0.138 percent.
(8) Upon every person engaging within this state in the business of making sales, at retail or wholesale, of nuclear fuel assemblies manufactured by that person, as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds of sales of the assemblies multiplied by the rate of 0.275 percent.
(9) Upon every person engaging within this state in the business of manufacturing nuclear fuel assemblies, as to such persons the amount of tax with respect to such business shall be equal to the value of the products manufactured multiplied by the rate of 0.275 percent.
(10) Upon every person engaging within this state in the business of acting as a travel agent or tour operator; as to such persons the amount of the tax with respect to such activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.275 percent.
(11) Upon every person engaging within this state in business as an international steamship agent, international customs house broker, international freight forwarder, vessel and/or cargo charter broker in foreign commerce, and/or international air cargo agent; as to such persons the amount of the tax with respect to only international activities shall be equal to the gross income derived from such activities multiplied by the rate of 0.363 percent.
(12) Upon every person engaging within this state in the business of stevedoring and associated activities pertinent to the movement of goods and commodities in waterborne interstate or foreign commerce; as to such persons the amount of tax with respect to such business shall be equal to the gross proceeds derived from such activities multiplied by the rate of 0.363 percent. Persons subject to taxation under this subsection shall be exempt from payment of taxes imposed by chapter 82.16 RCW for that portion of their business subject to taxation under this subsection. Stevedoring and associated activities pertinent to the conduct of goods and commodities in waterborne interstate or foreign commerce are defined as all activities of a labor, service or transportation nature whereby cargo may be loaded or unloaded to or from vessels or barges, passing over, onto or under a wharf, pier, or similar structure; cargo may be moved to a warehouse or similar holding or storage yard or area to await further movement in import or export or may move to a consolidation freight station and be stuffed, unstuffed, containerized, separated or otherwise segregated or aggregated for delivery or loaded on any mode of transportation for delivery to its consignee. Specific activities included in this definition are: Wharfage, handling, loading, unloading, moving of cargo to a convenient place of delivery to the consignee or a convenient place for further movement to export mode; documentation services in connection with the receipt, delivery, checking, care, custody and control of cargo required in the transfer of cargo; imported automobile handling prior to delivery to consignee; terminal stevedoring and incidental vessel services, including but not limited to plugging and unplugging refrigerator service to containers, trailers, and other refrigerated cargo receptacles, and securing ship hatch covers.
(13) Upon every person engaging within this state in the business of disposing of low-level waste, as defined in RCW 43.145.010; as to such persons the amount of the tax with respect to such business shall be equal to the gross income of the business, excluding any fees imposed under chapter 43.200 RCW, multiplied by the rate of 3.3 percent.
If the gross income of the taxpayer is attributable to activities both within and without this state, the gross income attributable to this state shall be determined in accordance with the methods of apportionment required under RCW 82.04.460.
(14) Upon every person engaging within this state as an insurance agent, insurance broker, or insurance solicitor licensed under chapter 48.17 RCW; as to such persons, the amount of the tax with respect to such licensed activities shall be equal to the gross income of such business multiplied by the rate of 0.55 percent.
(15) Upon every person engaging within this state in business as a hospital, as defined in chapter 70.41 RCW, that is operated as a nonprofit corporation or by the state or any of its political subdivisions, as to such persons, the amount of tax with respect to such activities shall be equal to the gross income of the business multiplied by the rate of 0.75 percent through June 30, 1995, and 1.5 percent thereafter. The moneys collected under this subsection shall be deposited in the health services account created under RCW 43.72.900.
Sec. 3. RCW 82.04.060 and 1983 2nd ex.s. c 3 s 26 are each amended to read as follows:
"Sale at wholesale" or "wholesale sale" means any sale of tangible personal property, any sale of amusement or recreation services as defined in RCW 82.04.050(3)(a), or any sale of telephone service as defined in RCW 82.04.065, which is not a sale at retail and means any charge made for labor and services rendered for persons who are not consumers, in respect to real or personal property, if such charge is expressly defined as a retail sale by RCW 82.04.050 when rendered to or for consumers: PROVIDED, That the term "real or personal property" as used in this section shall not include any natural products named in RCW 82.04.100.
Sec. 4. RCW 82.04.190 and 1995 1st sp.s. c 3 s 4 are each amended to read as follows:
"Consumer" means the following:
(1) Any person who purchases, acquires, owns, holds, or uses any article of tangible personal property irrespective of the nature of the person's business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for consumers other than for the purpose (a) of resale as tangible personal property in the regular course of business or (b) of incorporating such property as an ingredient or component of real or personal property when installing, repairing, cleaning, altering, imprinting, improving, constructing, or decorating such real or personal property of or for consumers or (c) of consuming such property in producing for sale a new article of tangible personal property or a new substance, of which such property becomes an ingredient or component or as a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale or (d) purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon;
(2)(a) Any person engaged in any business activity taxable under RCW 82.04.290 ((and)); (b) any person who purchases, acquires, or uses any telephone service as defined in RCW 82.04.065, other than for resale in the regular course of business; and (c) any person who purchases, acquires, or uses any amusement and recreation service defined in RCW 82.04.050(3)(a), other than for resale in the regular course of business;
(3) Any person engaged in the business of contracting for the building, repairing or improving of any street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state of Washington or by the United States and which is used or to be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind as defined in RCW 82.04.280, in respect to tangible personal property when such person incorporates such property as an ingredient or component of such publicly owned street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle by installing, placing or spreading the property in or upon the right of way of such street, place, road, highway, easement, bridge, tunnel, or trestle or in or upon the site of such mass public transportation terminal or parking facility;
(4) Any person who is an owner, lessee or has the right of possession to or an easement in real property which is being constructed, repaired, decorated, improved, or otherwise altered by a person engaged in business, excluding only (a) municipal corporations or political subdivisions of the state in respect to labor and services rendered to their real property which is used or held for public road purposes, and (b) the United States, instrumentalities thereof, and county and city housing authorities created pursuant to chapter 35.82 RCW in respect to labor and services rendered to their real property. Nothing contained in this or any other subsection of this definition shall be construed to modify any other definition of "consumer";
(5) Any person who is an owner, lessee, or has the right of possession to personal property which is being constructed, repaired, improved, cleaned, imprinted, or otherwise altered by a person engaged in business;
(6) Any person engaged in the business of constructing, repairing, decorating, or improving new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to chapter 35.82 RCW, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation; also, any person engaged in the business of clearing land and moving earth of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to chapter 35.82 RCW. Any such person shall be a consumer within the meaning of this subsection in respect to tangible personal property incorporated into, installed in, or attached to such building or other structure by such person; and
(7) Any person who is a lessor of machinery and equipment, the rental of which is exempt from the tax imposed by RCW 82.08.020 under RCW 82.08.02565, with respect to the sale of or charge made for tangible personal property consumed and for labor and services rendered in respect to repairing the machinery and equipment.
Nothing contained in this or any other subsection of this definition shall be construed to modify any other definition of "consumer."
Sec. 5. RCW 82.12.020 and 1994 c 93 s 2 are each amended to read as follows:
(1) There is hereby levied and there shall be collected from every person in this state a tax or excise for the privilege of using within this state as a consumer any article of tangible personal property purchased at retail, or acquired by lease, gift, repossession, or bailment, or extracted or produced or manufactured by the person so using the same, or otherwise furnished to a person engaged in any business taxable under RCW 82.04.280 (2) or (7), or any amusement or recreation service defined as a retail sale in RCW 82.04.050(3)(a).
(2) This tax shall apply to the use of every service defined as a retail sale in RCW 82.04.050(3)(a) and the use of every article of tangible personal property, including property acquired at a casual or isolated sale, and including byproducts used by the manufacturer thereof, except as hereinafter provided, irrespective of whether the article or similar articles are manufactured or are available for purchase within this state.
(3) Except as provided in RCW 82.12.0252, payment by one purchaser or user of tangible personal property or service of the tax imposed by chapter 82.08 or 82.12 RCW shall not have the effect of exempting any other purchaser or user of the same property or service from the taxes imposed by such chapters.
(4) The tax shall be levied and collected in an amount equal to the value of the article used by the taxpayer multiplied by the rate in effect for the retail sales tax under RCW 82.08.020.
Sec. 6. RCW 82.12.035 and 1987 c 27 s 2 are each amended to read as follows:
A credit shall be allowed against the taxes imposed by this chapter upon the use of tangible personal property, or services taxable under RCW 82.04.050(3)(a), in the state of Washington in the amount that the present user thereof or his or her bailor or donor has paid a retail sales or use tax with respect to such property to any other state of the United States, any political subdivision thereof, the District of Columbia, and any foreign country or political subdivision thereof, prior to the use of such property in Washington.
NEW SECTION. Sec. 7. 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. 8. 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 shall take effect April 1, 1996."
On page 1, line 2 of the title, after "Oklahoma;" strike the remainder of the title and insert "amending RCW 82.04.050, 82.04.060, 82.04.190, 82.12.020, and 82.12.035; reenacting and amending RCW 82.04.260; providing an effective date; and declaring an emergency."
and the same are herewith transmitted.
Marty Brown, Secretary
There being no objection the House concurs in the Senate amendments to Substitute House Bill No. 2590 and pass the bill as amended by the Senate.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute House Bill No. 2590 as amended by the Senate.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 2590, as amended by the Senate and the bill passed the House by the following vote: Yeas - 80, Nays - 18, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Costa, Crouse, Dellwo, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Ogden, Pelesky, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Veloria, Wolfe and Mr. Speaker - 80.
Voting nay: Representatives Chopp, Cody, Cole, Conway, Dickerson, Fisher, R., Jacobsen, Keiser, Mason, Murray, Patterson, Poulsen, Rust, Scheuerman, Scott, Sommers, H., Tokuda and Valle - 18.
Substitute House Bill No. 2590 as amended by the Senate, having received the constitutional majority, was declared passed.
I intended to vote YEA on Substitute House Bill No. 2590.
KIP TOKUDA, 37th District
SENATE AMENDMENTS TO HOUSE BILL
March 7, 1996
Mr. Speaker:
The Senate has passed HOUSE BILL NO. 2484 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the health, safety, and welfare of the people of the state of Washington are heavily dependent upon the continued encouragement, development, and expansion of opportunities for family wage employment in the state's manufacturing industries.
The legislature also finds that sales and use tax exemptions for manufacturing machinery and equipment enacted by the 1995 legislature have improved Washington's ability to compete with other states for manufacturing investment, but that additional incentives for manufacturers need to be adopted to solidify and enhance the state's competitive position.
The legislature intends to accomplish this by extending the current manufacturing machinery and equipment exemptions to include machinery and equipment used for research and development with potential manufacturing applications.
Sec. 2. RCW 82.08.02565 and 1995 1st sp.s. c 3 s 2 are each amended to read as follows:
(1) The tax levied by RCW 82.08.020 shall not apply to sales to a manufacturer or processor for hire of machinery and equipment used directly in a manufacturing operation or research and development operation, or to sales of or charges made for labor and services rendered in respect to installing the machinery and equipment, but only when the purchaser provides the seller with an exemption certificate in a form and manner prescribed by the department by rule, and the purchaser provides the department with a duplicate of the certificate or a summary of exempt sales as the department may require. The seller shall retain a copy of the certificate for the seller's files.
(2) For purposes of this section and RCW 82.12.02565:
(a) "Machinery and equipment" means industrial fixtures, devices, and support facilities. "Machinery and equipment" includes pollution control equipment installed and used in a manufacturing operation or research and development operation to prevent air pollution, water pollution, or contamination that might otherwise result from the manufacturing operation or research and development operation.
(b) "Machinery and equipment" does not include:
(i) Hand tools;
(ii) Property with a useful life of less than one year;
(iii) Repair parts required to restore machinery and equipment to normal working order;
(iv) Replacement parts that do not increase productivity, improve efficiency, or extend the useful life of the machinery and equipment; ((or))
(v) Buildings, other than machinery and equipment that is permanently affixed to or becomes a physical part of a building; and
(vi) Building fixtures that are not integral to the manufacturing operation or research and development operation that are permanently affixed to and become a physical part of a building, such as utility systems for heating, ventilation, air conditioning, communications, plumbing, or electrical.
(c) Machinery and equipment is "used directly" in a manufacturing operation or research and development operation if the machinery and equipment:
(i) Acts upon or interacts with an item of tangible personal property;
(ii) Conveys, transports, handles, or temporarily stores an item of tangible personal property at the manufacturing site;
(iii) Controls, guides, measures, verifies, aligns, regulates, or tests tangible personal property;
(iv) Provides physical support for or access to tangible personal property;
(v) Produces power for, or lubricates machinery and equipment;
(vi) Produces another item of tangible personal property for use in the manufacturing operation or research and development operation; ((or))
(vii) Places tangible personal property in the container, package, or wrapping in which the tangible personal property is normally sold or transported; or
(viii) Is integral to research and development as defined in RCW 82.63.010.
(d) "Manufacturing operation" means the manufacturing of articles, substances, or commodities for sale as tangible personal property. The manufacturing operation begins at the point where the raw materials enter the manufacturing site and ends at the point where the finished product leaves the manufacturing site. The term also includes that portion of a cogeneration project that is used to generate power for consumption within the manufacturing site of which the cogeneration project is an integral part. The term does not include ((research and development,)) the production of electricity by a light and power business as defined in RCW 82.16.010((,)) or the preparation of food products on the premises of a person selling food products at retail.
(e) "Cogeneration" means the simultaneous generation of electrical energy and low-grade heat from the same fuel.
(f) "Research and development operation" means engaging in research and development as defined in RCW 82.63.010 by a manufacturer or processor for hire.
Sec. 3. RCW 82.12.02565 and 1995 1st sp.s. c 3 s 3 are each amended to read as follows:
The provisions of this chapter shall not apply in respect to the use by a manufacturer or processor for hire of machinery and equipment used directly in a manufacturing operation or research and development operation, but only when the user provides the department with:
(1) An exemption certificate in a form and manner prescribed by the department within sixty days of the first use of the machinery and equipment in this state; or
(2) An annual summary listing the machinery and equipment by January 31 of the year following the calendar year in which the machinery and equipment is first used in this state.
NEW SECTION. Sec. 4. A new section is added to chapter 82.08 RCW to read as follows:
The tax levied by RCW 82.08.020 shall not apply to sales of materials used in designing and developing aircraft parts, auxiliary equipment, and aircraft modification whether from enterprise funds or on a contract or fee basis for a taxpayer with gross sales of less than twenty million dollars per year. This exemption may not exceed one hundred thousand dollars for a taxpayer in a year.
NEW SECTION. Sec. 5. A new section is added to chapter 82.12 RCW to read as follows:
The provisions of this chapter shall not apply with respect to the use of materials used in designing and developing aircraft parts, auxiliary equipment, and aircraft modification whether from enterprise funds or on a contract or fee basis for a taxpayer with gross sales of less than twenty million dollars per year. This exemption may not exceed one hundred thousand dollars for a taxpayer in a year.
NEW SECTION. Sec. 6. (1) Sections 4 and 5 of this act take effect July 1, 1996.
(2) Sections 1 through 3 of this act take effect July 1, 1997."
On page 1, line 2 of the title, after "equipment;" strike the remainder of the title and insert "amending RCW 82.08.02565 and 82.12.02565; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; creating a new section; and providing effective dates."
and the same are herewith transmitted.
Marty Brown, Secretary
There being no objection the House concurs in the Senate amendments to House Bill No. 2484 and pass the bill as amended by the Senate.
FINAL PASSAGE OF HOUSE BILL AS SENATE AMENDED
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of House Bill No. 2484 as amended by the Senate.
Representatives B. Thomas and Dickerson spoke in favor of passage of the bill.
ROLL CALL
The Clerk called the roll on the final passage of House Bill No. 2484, as amended by the Senate and the bill passed the House by the following vote: Yeas - 94, Nays - 4, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cody, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Valle, Van Luven, Veloria, Wolfe and Mr. Speaker - 94.
Voting nay: Representatives Chopp, Cole, Mason and Rust - 4.
House Bill No. 2484 as amended by the Senate, having received the constitutional majority, was declared passed.
There being no objection, Substitute Senate Bill No. 6656 was read the first time.
There being no objection, the rules were suspended and Substitute Senate Bill No. 6656 was advanced to second reading.
SUBSTITUTE SENATE BILL NO. 6656, by Senate Committee on Ways & Means (originally sponsored by Senators Bauer, Cantu, Sutherland, Moyer, Owen, Hale, Hargrove, Schow, Heavey, Wood, Rasmussen, Strannigan, Sheldon, Finkbeiner, Franklin, Johnson, Snyder, West, Winsley, Zarelli, Long, Deccio, Oke, Spanel and A. Anderson)
Providing sales and use tax exemptions for manufacturing machinery and equipment.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Morris spoke against passage of the bill.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6656.
ROLL CALL
The Clerk called the roll on the final passage of Substitute House Bill No. 6656 and the bill passed the House by the following vote: Yeas - 74, Nays - 24, Absent - 0, Excused - 0.
Voting yea: Representatives Backlund, Ballasiotes, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Clements, Cooke, Crouse, Dellwo, Delvin, Dyer, Elliot, Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Johnson, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Mulliken, Ogden, Patterson, Pelesky, Pennington, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wolfe and Mr. Speaker - 74.
Voting nay: Representatives Appelwick, Basich, Chopp, Cody, Cole, Conway, Costa, Dickerson, Fisher, R., Jacobsen, Keiser, Mason, Morris, Murray, Poulsen, Quall, Regala, Rust, Scheuerman, Scott, Sommers, H., Tokuda, Valle and Veloria - 24.
Substitute Senate Bill No. 6656, having received the constitutional majority, was declared passed.
There being no objection, Substitute Senate Bill No. 6510 was read the first time.
There being no objection, the rules were suspended and Substitute Senate Bill No. 6510 was advanced to second reading.
SUBSTITUTE SENATE BILL NO. 6510, by Senate Committee on Ways & Means (originally sponsored by Senators Loveland and Hale; by request of Governor Lowry)
Changing the tax status of persons engaged in the business of cleaning up for the United States, or its instrumentalities, radioactive waste and other byproducts of weapons production and nuclear research and development.
The bill was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.
Representative Hankins spoke in favor of passage of the bill.
The Speaker (Representative Horn presiding) stated the question before the House to be final passage of Substitute Senate Bill No. 6510.
ROLL CALL
The Clerk called the roll on the final passage of Substitute Senate Bill No. 6510 and the bill passed the House by the following vote: Yeas - 93, Nays - 5, Absent - 0, Excused - 0.
Voting yea: Representatives Appelwick, Backlund, Ballasiotes, Basich, Beeksma, Benton, Blanton, Boldt, Brown, Brumsickle, Buck, Cairnes, Campbell, Carlson, Carrell, Casada, Chandler, Chappell, Chopp, Clements, Cody, Conway, Cooke, Costa, Crouse, Dellwo, Delvin, Dickerson, Dyer, Elliot, Fisher, R., Foreman, Fuhrman, Goldsmith, Grant, Hankins, Hargrove, Hatfield, Hickel, Honeyford, Horn, Huff, Hymes, Jacobsen, Johnson, Keiser, Kessler, Koster, Lambert, Linville, Lisk, Mastin, McMahan, McMorris, Mitchell, Morris, Mulliken, Murray, Ogden, Patterson, Pelesky, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Scheuerman, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Silver, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Stevens, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Wolfe and Mr. Speaker - 93.
Voting nay: Representatives Cole, Mason, Rust, Valle and Veloria - 5.
Substitute Senate Bill No. 6510, having received the constitutional majority, was declared passed.
There being no objection, Second Substitute Senate Bill No. 6382 was read the first time.
There being no objection, the rules were suspended and Second Substitute Senate Bill No. 6382 was advanced to second reading.
SECOND SUBSTITUTE SENATE BILL NO. 6382, by Senate Committee on Ways & Means (originally sponsored by Senators Hochstatter, Rasmussen, Morton and Roach)
Limiting taxation of handling of agricultural commodities and discount programs, clubs, or plans.
The bill was read the second time.
There being no objection, the House deferred further consideration of Second Substitute Senate Bill No. 6382 and the bill held it's place on the second reading calendar.
The Speaker assumed the chair.
The Speaker declared the House to be at ease.
The Speaker called the House to order.
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
SECOND SUBSTITUTE HOUSE BILL NO. 2031,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2222,
SUBSTITUTE HOUSE BILL NO. 2590,
SUBSTITUTE HOUSE BILL NO. 2708,
Representative Lisk: Mr. Speaker, it is traditional for the members of the House to show their appreciation to the Speaker of the House after each biennium. We all feel here that you have done extemporary job of being a fair and thoughtful and gracious Speaker and we would like to thank you very much.
Representative Appelwick: Mr. Speaker, It has been a great pleasure to work opposite you this year. Your openness, your fairness in communication, the even handedness in the process has been an excellent example for us all. Your patience has been very much appreciated and most of all your sense of humor. Thank you very much and I hope your summer is very relaxing.
Speaker: I know you all know that serving in this place is just an incredible experience to start with and every position as far as I'm concerned is as important as another position and I just had the incredible fortune of being Speaker of the House. I mean it's something that I kind of pinch myself seriously on a routine basis because I find that sill hard to believe. This has been an unusually good House group to work with, House and Senate too. I want to say to each and everyone of you, you've made it a real pleasure even when we had spirited debate we get it with respect and the thing I really appreciated is after we've had this, I've watched you go out and somebody you had a strong disagreement with you go out and still respect those people and your still friends and that's what the spirit of this place is all about and so thank you very much for letting me serve you.
The Speaker is pleased to announce the committee appointments.
Representative Quall will be appointed to serve on the Legislative Transportation Committee.
Representative Kessler will be appointed to serve on the Legislative Evaluation and Accountability Program Committee. Representative Brown will no longer serve on this committee.
MESSAGES FROM THE SENATE
March 7, 1996
Mr. Speaker:
The President has signed:
SUBSTITUTE SENATE BILL NO. 6637,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6705,
SENATE CONCURRENT RESOLUTION NO. 8435,
and the same are herewith transmitted.
Marty Brown, Secretary
March 7, 1996
Mr. Speaker:
The President has signed:
SECOND SUBSTITUTE SENATE BILL NO. 5258,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6257,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6285,
SUBSTITUTE SENATE BILL NO. 6430,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6666,
SUBSTITUTE SENATE BILL NO. 6767,
ENGROSSED SENATE BILL NO. 6776,
and the same are herewith transmitted.
Marty Brown, Secretary
March 7, 1996
Mr. Speaker:
The President has signed:
SUBSTITUTE HOUSE BILL NO. 2119,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2214,
SUBSTITUTE HOUSE BILL NO. 2386,
SUBSTITUTE HOUSE BILL NO. 2447,
SUBSTITUTE HOUSE BILL NO. 2533,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2695,
SUBSTITUTE HOUSE BILL NO. 2778,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2828,
SECOND SUBSTITUTE HOUSE BILL NO. 2856,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2875,
HOUSE CONCURRENT RESOLUTION NO. 4423,
HOUSE CONCURRENT RESOLUTION NO. 4424,
and the same are herewith transmitted.
Marty Brown, Secretary
March 6, 1996
Mr. Speaker:
The President has signed:
and the same are herewith transmitted.
Marty Brown, Secretary
March 7, 1996
Mr. Speaker:
The President has signed:
SUBSTITUTE SENATE BILL NO. 6510,
SUBSTITUTE SENATE BILL NO. 6656,
and the same are herewith transmitted.
Marty Brown, Secretary
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
SUBSTITUTE SENATE BILL NO. 6637,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6705,
SENATE CONCURRENT RESOLUTION NO. 8435,
SECOND SUBSTITUTE SENATE BILL NO. 5258,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6257,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6285,
SUBSTITUTE SENATE BILL NO. 6430,
SUBSTITUTE SENATE BILL NO. 6510,
SUBSTITUTE SENATE BILL NO. 6656,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6666,
SUBSTITUTE SENATE BILL NO. 6767,
ENGROSSED SENATE BILL NO. 6776,
MESSAGES FROM THE SENATE
March 7, 1996
Mr. Speaker:
The Senate has adopted:
SENATE CONCURRENT RESOLUTION NO. 8434,
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
March 7, 1996
Mr. Speaker:
The Senate insists on its position regarding its amendments to SUBSTITUTE HOUSE BILL NO. 2860, and once again asks the House to concur therein.
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
SENATE CONCURRENT RESOLUTION NO. 8434, by Senators Snyder and McDonald
Adjourning the 1996 session of the fifty-fourth Legislature SINE DIE.
The resolution was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the resolution was advanced to final adoption.
Representative Foreman spoke in favor of adoption of the resolution.
Senate Concurrent Resolution No. 8434 was adopted.
MESSAGE FROM THE SENATE
March 7, 1996
Mr. Speaker:
The President has signed:
SENATE CONCURRENT RESOLUTION NO. 8434,
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
SENATE CONCURRENT RESOLUTION NO. 8434,
There being no objection, reading of the Journal of the Regular Session of the Fifty-Fourth Legislature was dispensed with and it was ordered to stand approved.
There being no objection, House Concurrent Resolution No. 4425 was read the first time.
There being no objection, the rules were suspended and House Concurrent Resolution No. 4425 was advanced to second reading.
HOUSE CONCURRENT RESOLUTION NO. 4425, by Representatives Foreman and Brown
Transmitting bills, resolutions, and memorials to house of origin prior to adjournment Sine Die.
The resolution was read the second time.
There being no objection, the rules were suspended, the second reading considered the third and the resolution was placed on final adoption.
House Concurrent Resolution No. 4425 was adopted.
MESSAGE FROM THE SENATE
March 7, 1996
Mr. Speaker:
The Senate has adopted:
HOUSE CONCURRENT RESOLUTION NO. 4425,
and the same is herewith transmitted.
Brad Hendrickson, Deputy Secretary
SIGNED BY THE SPEAKER
The Speaker announced he was signing:
HOUSE CONCURRENT RESOLUTION NO. 4425,
MESSAGES FROM THE SENATE
March 7, 1996
Mr. Speaker:
The President has signed:
HOUSE CONCURRENT RESOLUTION NO. 4425,
and the same is herewith transmitted.
Marty Brown, Secretary
March 7, 1996
Mr. Speaker:
The President has signed:
SECOND SUBSTITUTE HOUSE BILL NO. 2031,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2222,
SUBSTITUTE HOUSE BILL NO. 2590,
SUBSTITUTE HOUSE BILL NO. 2708,
HOUSE CONCURRENT RESOLUTION NO. 4425,
and the same are herewith transmitted.
Marty Brown, Secretary
March 7, 1996
Mr. President:
Under the provisions of House Concurrent Resolution No. 4425, the House returned the following Senate Bills to the Senate:
SECOND SUBSTITUTE SENATE BILL NO. 5002,
SECOND SUBSTITUTE SENATE BILL NO. 5049,
SUBSTITUTE SENATE BILL NO. 5071,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5104,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5139,
SECOND SUBSTITUTE SENATE BILL NO. 5247,
SUBSTITUTE SENATE BILL NO. 5350,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5359,
SUBSTITUTE SENATE BILL NO. 5473,
THIRD SUBSTITUTE SENATE BILL NO. 5476,
SUBSTITUTE SENATE BILL NO. 5477,
SECOND SUBSTITUTE SENATE BILL NO. 5568,
SECOND SUBSTITUTE SENATE BILL NO. 5687,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5700,
ENGROSSED SENATE BILL NO. 5837,
SECOND SUBSTITUTE SENATE BILL NO. 5841,
SUBSTITUTE SENATE BILL NO. 5947,
SUBSTITUTE SENATE BILL NO. 5993,
SUBSTITUTE SENATE BILL NO. 6033,
SUBSTITUTE SENATE BILL NO. 6095,
SUBSTITUTE SENATE BILL NO. 6096,
SUBSTITUTE SENATE BILL NO. 6097,
SUBSTITUTE SENATE BILL NO. 6104,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6107,
SUBSTITUTE SENATE BILL NO. 6109,
ENGROSSED SENATE BILL NO. 6118,
SUBSTITUTE SENATE BILL NO. 6119,
SECOND SUBSTITUTE SENATE BILL NO. 6121,
SUBSTITUTE SENATE BILL NO. 6122,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6130,
SUBSTITUTE SENATE BILL NO. 6131,
SUBSTITUTE SENATE BILL NO. 6133,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6137,
SUBSTITUTE SENATE BILL NO. 6154,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6155,
SUBSTITUTE SENATE BILL NO. 6158,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6166,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6170,
SUBSTITUTE SENATE BILL NO. 6172,
SUBSTITUTE SENATE BILL NO. 6182,
SUBSTITUTE SENATE BILL NO. 6186,
SUBSTITUTE SENATE BILL NO. 6190,
SUBSTITUTE SENATE BILL NO. 6205,
SUBSTITUTE SENATE BILL NO. 6206,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6207,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6208,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6209,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6210,
SUBSTITUTE SENATE BILL NO. 6223,
ENGROSSED SENATE BILL NO. 6230,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6231,
SUBSTITUTE SENATE BILL NO. 6232,
SUBSTITUTE SENATE BILL NO. 6235,
SUBSTITUTE SENATE BILL NO. 6239,
SUBSTITUTE SENATE BILL NO. 6245,
SUBSTITUTE SENATE BILL NO. 6254,
SUBSTITUTE SENATE BILL NO. 6273,
SUBSTITUTE SENATE BILL NO. 6282,
SUBSTITUTE SENATE BILL NO. 6288,
SUBSTITUTE SENATE BILL NO. 6290,
SUBSTITUTE SENATE BILL NO. 6293,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6299,
SUBSTITUTE SENATE BILL NO. 6300,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6313,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6330,
SUBSTITUTE SENATE BILL NO. 6334,
SUBSTITUTE SENATE BILL NO. 6347,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6348,
SUBSTITUTE SENATE BILL NO. 6351,
SECOND SUBSTITUTE SENATE BILL NO. 6382,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6387,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6390,
SUBSTITUTE SENATE BILL NO. 6391,
SUBSTITUTE SENATE BILL NO. 6395,
SUBSTITUTE SENATE BILL NO. 6397,
ENGROSSED SENATE BILL NO. 6410,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6420,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6426,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6445,
SUBSTITUTE SENATE BILL NO. 6446,
SUBSTITUTE SENATE BILL NO. 6468,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6479,
SUBSTITUTE SENATE BILL NO. 6484,
SUBSTITUTE SENATE BILL NO. 6504,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6505,
SECOND SUBSTITUTE SENATE BILL NO. 6507,
SECOND SUBSTITUTE SENATE BILL NO. 6508,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6518,
SUBSTITUTE SENATE BILL NO. 6522,
SUBSTITUTE SENATE BILL NO. 6530,
SUBSTITUTE SENATE BILL NO. 6535,
SUBSTITUTE SENATE BILL NO. 6540,
SUBSTITUTE SENATE BILL NO. 6543,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6589,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6594,
ENGROSSED SENATE BILL NO. 6595,
ENGROSSED SENATE BILL NO. 6596,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6598,
SUBSTITUTE SENATE BILL NO. 6599,
SUBSTITUTE SENATE BILL NO. 6600,
SUBSTITUTE SENATE BILL NO. 6605,
SUBSTITUTE SENATE BILL NO. 6614,
SUBSTITUTE SENATE BILL NO. 6620,
ENGROSSED SENATE BILL NO. 6621,
SUBSTITUTE SENATE BILL NO. 6626,
ENGROSSED SENATE BILL NO. 6628,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6638,
SUBSTITUTE SENATE BILL NO. 6639,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6646,
SUBSTITUTE SENATE BILL NO. 6653,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6667,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6669,
SUBSTITUTE SENATE BILL NO. 6671,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6701,
ENGROSSED SENATE BILL NO. 6708,
SUBSTITUTE SENATE BILL NO. 6735,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6736,
SUBSTITUTE SENATE BILL NO. 6746,
SUBSTITUTE SENATE BILL NO. 6769,
SUBSTITUTE SENATE BILL NO. 6775,
SENATE JOINT MEMORIAL NO. 8017,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8022,
SENATE JOINT MEMORIAL NO. 8027,
SENATE JOINT MEMORIAL NO. 8029,
SUBSTITUTE SENATE JOINT RESOLUTION NO. 8220,
SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8400,
SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8404,
MESSAGE FROM THE SENATE
March 7, 1996
Mr. Speaker:
Under the provisions of House Concurrent Resolution No. 4425, the Senate has returned the following House Bills to the House of Representatives:
THIRD SUBSTITUTE HOUSE BILL NO. 1004,
SECOND ENGROSSED HOUSE BILL NO. 1016,
ENGROSSED HOUSE BILL NO. 1023,
SUBSTITUTE HOUSE BILL NO. 1032,
SUBSTITUTE HOUSE BILL NO. 1052,
SECOND SUBSTITUTE HOUSE BILL NO. 1097,
ENGROSSED HOUSE BILL NO. 1099,
SUBSTITUTE HOUSE BILL NO. 1100,
SUBSTITUTE HOUSE BILL NO. 1133,
ENGROSSED HOUSE BILL NO. 1155,
SUBSTITUTE HOUSE BILL NO. 1259,
SUBSTITUTE HOUSE BILL NO. 1276,
ENGROSSED HOUSE BILL NO. 1323,
SECOND ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1330,
SUBSTITUTE HOUSE BILL NO. 1337,
SUBSTITUTE HOUSE BILL NO. 1396,
SUBSTITUTE HOUSE BILL NO. 1447,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1451,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1459,
FOURTH SUBSTITUTE HOUSE BILL NO. 1481,
SUBSTITUTE HOUSE BILL NO. 1484,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1491,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1508,
SECOND SUBSTITUTE HOUSE BILL NO. 1514,
SUBSTITUTE HOUSE BILL NO. 1548,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1555,
SUBSTITUTE HOUSE BILL NO. 1597,
SUBSTITUTE HOUSE BILL NO. 1623,
SECOND SUBSTITUTE HOUSE BILL NO. 1625,
SUBSTITUTE HOUSE BILL NO. 1626,
SUBSTITUTE HOUSE BILL NO. 1634,
SUBSTITUTE HOUSE BILL NO. 1639,
SECOND SUBSTITUTE HOUSE BILL NO. 1645,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1648,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1649,
SUBSTITUTE HOUSE BILL NO. 1654,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1733,
SECOND SUBSTITUTE HOUSE BILL NO. 1774,
SUBSTITUTE HOUSE BILL NO. 1813,
SECOND ENGROSSED HOUSE BILL NO. 1835,
SUBSTITUTE HOUSE BILL NO. 1857,
SUBSTITUTE HOUSE BILL NO. 1862,
SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1877,
SUBSTITUTE HOUSE BILL NO. 1905,
SUBSTITUTE HOUSE BILL NO. 1911,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1921,
SECOND SUBSTITUTE HOUSE BILL NO. 1938,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1957,
SECOND SUBSTITUTE HOUSE BILL NO. 1989,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2004,
ENGROSSED HOUSE BILL NO. 2032,
SUBSTITUTE HOUSE BILL NO. 2043,
SUBSTITUTE HOUSE BILL NO. 2049,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2097,
SUBSTITUTE HOUSE BILL NO. 2116,
SUBSTITUTE HOUSE BILL NO. 2118,
SUBSTITUTE HOUSE BILL NO. 2130,
SUBSTITUTE HOUSE BILL NO. 2135,
SUBSTITUTE HOUSE BILL NO. 2138,
SUBSTITUTE HOUSE BILL NO. 2155,
SUBSTITUTE HOUSE BILL NO. 2158,
SUBSTITUTE HOUSE BILL NO. 2162,
SUBSTITUTE HOUSE BILL NO. 2163,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2164,
SUBSTITUTE HOUSE BILL NO. 2169,
SUBSTITUTE HOUSE BILL NO. 2171,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2175,
SUBSTITUTE HOUSE BILL NO. 2176,
SUBSTITUTE HOUSE BILL NO. 2178,
SECOND SUBSTITUTE HOUSE BILL NO. 2181,
SECOND SUBSTITUTE HOUSE BILL NO. 2198,
SECOND SUBSTITUTE HOUSE BILL NO. 2200,
SUBSTITUTE HOUSE BILL NO. 2201,
ENGROSSED HOUSE BILL NO. 2202,
SUBSTITUTE HOUSE BILL NO. 2207,
SUBSTITUTE HOUSE BILL NO. 2215,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2216,
SUBSTITUTE HOUSE BILL NO. 2218,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2219,
SECOND SUBSTITUTE HOUSE BILL NO. 2220,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2221,
SUBSTITUTE HOUSE BILL NO. 2223,
SUBSTITUTE HOUSE BILL NO. 2224,
SECOND SUBSTITUTE HOUSE BILL NO. 2225,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2226,
SUBSTITUTE HOUSE BILL NO. 2236,
SUBSTITUTE HOUSE BILL NO. 2239,
SUBSTITUTE HOUSE BILL NO. 2240,
SUBSTITUTE HOUSE BILL NO. 2248,
SUBSTITUTE HOUSE BILL NO. 2253,
SUBSTITUTE HOUSE BILL NO. 2255,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2261,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2262,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2264,
SUBSTITUTE HOUSE BILL NO. 2266,
SUBSTITUTE HOUSE BILL NO. 2274,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2279,
SUBSTITUTE HOUSE BILL NO. 2281,
SUBSTITUTE HOUSE BILL NO. 2284,
SUBSTITUTE HOUSE BILL NO. 2288,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2289,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2302,
SUBSTITUTE HOUSE BILL NO. 2303,
SUBSTITUTE HOUSE BILL NO. 2316,
SUBSTITUTE HOUSE BILL NO. 2318,
SUBSTITUTE HOUSE BILL NO. 2326,
SECOND SUBSTITUTE HOUSE BILL NO. 2330,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2331,
SUBSTITUTE HOUSE BILL NO. 2342,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2345,
SECOND SUBSTITUTE HOUSE BILL NO. 2363,
SUBSTITUTE HOUSE BILL NO. 2366,
SUBSTITUTE HOUSE BILL NO. 2372,
SUBSTITUTE HOUSE BILL NO. 2374,
SUBSTITUTE HOUSE BILL NO. 2377,
SUBSTITUTE HOUSE BILL NO. 2378,
SUBSTITUTE HOUSE BILL NO. 2395,
SUBSTITUTE HOUSE BILL NO. 2397,
SUBSTITUTE HOUSE BILL NO. 2403,
SUBSTITUTE HOUSE BILL NO. 2416,
SUBSTITUTE HOUSE BILL NO. 2428,
ENGROSSED HOUSE BILL NO. 2433,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2436,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2442,
SUBSTITUTE HOUSE BILL NO. 2448,
SUBSTITUTE HOUSE BILL NO. 2449,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2462,
SUBSTITUTE HOUSE BILL NO. 2476,
SUBSTITUTE HOUSE BILL NO. 2504,
SUBSTITUTE HOUSE BILL NO. 2505,
ENGROSSED HOUSE BILL NO. 2507,
ENGROSSED HOUSE BILL NO. 2510,
SUBSTITUTE HOUSE BILL NO. 2516,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2529,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2534,
SUBSTITUTE HOUSE BILL NO. 2543,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2548,
SUBSTITUTE HOUSE BILL NO. 2556,
SUBSTITUTE HOUSE BILL NO. 2557,
SUBSTITUTE HOUSE BILL NO. 2565,
SUBSTITUTE HOUSE BILL NO. 2578,
SUBSTITUTE HOUSE BILL NO. 2607,
ENGROSSED HOUSE BILL NO. 2609,
SUBSTITUTE HOUSE BILL NO. 2615,
SUBSTITUTE HOUSE BILL NO. 2616,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2627,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2644,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2654,
SUBSTITUTE HOUSE BILL NO. 2658,
SUBSTITUTE HOUSE BILL NO. 2669,
SUBSTITUTE HOUSE BILL NO. 2684,
SUBSTITUTE HOUSE BILL NO. 2693,
SUBSTITUTE HOUSE BILL NO. 2701,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2707,
SUBSTITUTE HOUSE BILL NO. 2711,
SUBSTITUTE HOUSE BILL NO. 2721,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2723,
SUBSTITUTE HOUSE BILL NO. 2739,
SUBSTITUTE HOUSE BILL NO. 2743,
SUBSTITUTE HOUSE BILL NO. 2745,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2747,
SUBSTITUTE HOUSE BILL NO. 2748,
SUBSTITUTE HOUSE BILL NO. 2780,
SUBSTITUTE HOUSE BILL NO. 2840,
ENGROSSED HOUSE BILL NO. 2847,
ENGROSSED HOUSE BILL NO. 2853,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2863,
ENGROSSED HOUSE BILL NO. 2867,
SUBSTITUTE HOUSE BILL NO. 2883,
SUBSTITUTE HOUSE BILL NO. 2893,
SUBSTITUTE HOUSE BILL NO. 2903,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2910,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2926,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2929,
SUBSTITUTE HOUSE BILL NO. 2944,
SUBSTITUTE HOUSE BILL NO. 2945,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2947,
ENGROSSED HOUSE BILL NO. 2951,
ENGROSSED HOUSE BILL NO. 2952,
ENGROSSED HOUSE BILL NO. 2953,
ENGROSSED HOUSE BILL NO. 2954,
HOUSE JOINT MEMORIAL NO. 4001,
HOUSE JOINT MEMORIAL NO. 4003,
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4012,
HOUSE JOINT MEMORIAL NO. 4020,
SUBSTITUTE HOUSE JOINT MEMORIAL NO. 4034,
HOUSE JOINT MEMORIAL NO. 4039,
HOUSE JOINT MEMORIAL NO. 4041,
SUBSTITUTE HOUSE JOINT RESOLUTION NO. 4213,
HOUSE CONCURRENT RESOLUTION NO. 4416,
ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4422,
ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4426,
ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4427,
and the same are herewith transmitted.
Marty Brown, Secretary
MOTION
On motion of Representative Foreman, the 1996 Regular Session of the Fifty-Fourth Legislature was adjourned Sine Die.
CLYDE BALLARD, Speaker
TIMOTHY A. MARTIN, Chief Clerk
1004 (3rd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1016
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1019
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1023
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1032 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1048
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1049
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1051
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1052 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1097 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1099
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1100 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1104
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1133 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1142
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1151
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1155
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1231 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
1256
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1259 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1276 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1323
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1330 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1337 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1339
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
1361
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
1396 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1412
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1436
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1447 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1451 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1459 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1481 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1484 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1491 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1508 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1514 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1548 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1555 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1556 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
1562
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1597 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1623 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1625 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1626 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1634 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1639 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1645 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1648 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1649 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1654 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1667
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1727
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1733 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1774 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1792
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1813 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1835
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1857 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1862 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1877 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1905 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1911 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1921 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1938 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1957 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
1967 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
1989 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
2004 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
2016
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
2031 (2nd Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .238
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .235, 250
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
2032
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
2043 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
2049 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
2097 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
2116 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
2117
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2118 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2119 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .192
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176, 252
2130 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2132
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111
2135 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2138 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2140 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111
2145
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2150 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
2153
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2155 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2158 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2162 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2163 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2164 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2167 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
2169 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2171 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2175 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2176 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2178 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2181 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2186 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
2190
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .250
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205, 252
2195 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
2198 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2200 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2201 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2202
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2203
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2206
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2207 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2212
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2214 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .192
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176, 252
2215 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2216 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2217 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
2218 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2219 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2220 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2221 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2222 (2nd Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .231
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .205, 250
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
2223 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2224 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2225 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2226 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2236 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2239 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2240 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2248 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2253 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2255 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2261 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2262 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2264 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2266 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2274 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
2279 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2280
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2281 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2284 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2285
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2288 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2289 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2290
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .197
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .196, 250
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
2302 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2303 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2316 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2318 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2323 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
2326 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2327
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2330 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2331 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2336
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2337
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .203
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .197, 202, 250
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
2341
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .184
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .182, 184, 192
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
2342 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2345 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2350
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2356
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2363 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2365
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111
2366 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2367
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2368
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2370
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2372 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2374 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2375
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2376 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
2377 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2378 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2386 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .171
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .165, 192
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
2387
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2393
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2395 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2397 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2398
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2402
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2403 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2416 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2420 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
2424
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2428 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2432
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2433
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2436 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2442 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2444 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
2447 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .192
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176, 252
2448 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2449 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2452
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
2462 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
2466
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2467
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
2472
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111
2474
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2476 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2478 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
2484
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .247
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .245, 250
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
2485 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
2490
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .234
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .250
Conference Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .232
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232, 256
2501
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2504 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2505 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2507
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2510
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2511
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2516 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2518 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
2529 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2533 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .165
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .160, 192
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
2534 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2537 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111
2543 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2548 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2556 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2557 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2558
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2565 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2566
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2567
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .179
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .177, 192
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
2578 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2585
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2590 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .244
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .238, 250
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
2593
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .192
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176, 252
2594
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2607 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2609
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2611
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2615 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2616 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2621
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2625
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2627 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2635
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2644 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2646
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2654 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2658 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2665
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2668
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2669 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2672
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
2683
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2684 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2693 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2695 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .192
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176, 252
2701 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2707 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2708 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .204
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .203, 250
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
2710
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2711 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2716
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .192
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172, 252
2721 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2723 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
2734
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2736
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2739 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2743 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2745 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2747 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2748 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2760
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2761
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2762 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
2769
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2776
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2778 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .192
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176, 252
2780 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2785 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
2786
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2800
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2817
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2822
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2828 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .192
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174, 252
2832 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111
2834
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2840 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2847
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109, 110
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2853
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2856 (2nd Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .181
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .179, 192
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
2860 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
2861
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .192
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176, 252
2862
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2863 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2867
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2875 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .190
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .173, 184, 192
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173, 252
2883 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2893 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2894
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2903 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2909 (2nd Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
2910 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2911
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2926 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2929 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2932
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
2944 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2945 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2947 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2951
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2952
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2953
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
2954
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
4001
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
4003
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
4012 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
4020
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
4034 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
4039
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
4041
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
4043
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
4213 (Sub)
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
4416
Third Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
4422
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
4423
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .192
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176, 252
4424
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .192
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176, 252
4425
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .254
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .254-256, 260
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255, 256
4426
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
4427
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
4732
Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4733
Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4734
Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
5002 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5041
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5049 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5053 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .173
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
5054
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5068
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5071 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5104 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5124
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5139 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5159 (4th Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
5247 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5258 (2nd Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .120
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .119, 253
Conference Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173, 251
5350 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5359 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5417 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
5473 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5476 (3rd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5477 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5510
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5568 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5614
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5615
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5676 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
5687 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5700 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5837
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5841 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5947 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
5993 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
6033 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
6086
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .256
6087
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6088
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6095 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6096 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6097 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6098
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6099
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6100
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6104 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6107 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6108
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6109 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6110
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6111 (Sub)
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .191
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .192
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .191
6114
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6116
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6118
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6119 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6121 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6122 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6130 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6131 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6132
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6133 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6135
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6137 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
6147
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6151
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6154 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6155 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6156
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6158 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6160
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6163
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6166 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6170 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6172 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6174
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110, 253
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181, 191, 251
6175
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6179
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6182 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6186 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6190 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6197 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
6204 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
6205 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6206 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6207 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6208 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6209 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6210 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257
6211 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .173
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146, 171
6217
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
6223 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6230
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6231 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6232 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6235 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6239 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6245 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6247
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .122
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .122, 253
Conference Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .120
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172, 251
6251 (Sub)
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1, 173
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147, 171
6252
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6253
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
6254 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6257 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .138
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .138, 253
Conference Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .123
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172, 251
6273 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6282 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6283
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6285 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .143
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .142, 253
Conference Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .138
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172, 251
6288 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6290 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6293 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6299 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6300 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6306
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6313 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6314
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6330 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6334 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6339
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .173
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146, 171
6341
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6347 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6348 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6349
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6351 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6352
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6368
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6382 (2nd Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .249
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .249, 258
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
6387 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6390 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6391 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6392 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .173
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146, 171
6395 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6397 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6401
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .174
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .175
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .174, 253
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174, 251
6405
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6407
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6410
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6416
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6417
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6420 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6426 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6430 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .146
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .146, 253
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145, 251
6443
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6445 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6446 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6453
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6462
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258
6468 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6479 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6484 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6485
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6494
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6495
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6496
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6504 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6505 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6507 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6508 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6510 (Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .248
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .249
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .248, 253
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204, 252
6511
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .193
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .194
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .193, 253
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174, 251
6516
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6518 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6522 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6524
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6526
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .175
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .176
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .175, 253
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174, 251
6530 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6535 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6540 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6543 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6561
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6589 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6594 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6595
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6596
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6598 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6599 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6600 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6605 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6614 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6616
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6620 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6621
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6626 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6628
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6637 (Sub)
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .155
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .159, 160
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .155, 159, 253
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155, 196, 251
6638 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6639 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6646 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6653 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6656 (Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .248
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .248
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .247, 253
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205, 252
6663
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6666 (Sub)
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .145
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .145, 253
Conference Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .143
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172, 251
6667 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6669 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6671 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6672
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
6690
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6701 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6703
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6704
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6705 (2nd Sub)
Second Reading Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .147
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .147, 253
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195, 251
6708
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259
6720
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .260
6735 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .260
6736 (2nd Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .260
6746 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .260
6767 (Sub)
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1, 253
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
6769 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .260
6775 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .260
6776
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107
Third Reading Final Passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1, 253
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
8017
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .260
8022 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .260
8027
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .260
8029
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .260
8220 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .260
8400 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .260
8404 (Sub)
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .260
8429
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
8432
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
8434
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .254
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .254
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253, 254
8435
Second Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .193
Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
Other Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .193, 253
Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193, 251
HOUSE OF REPRESENTATIVES
Point of Personal Privilege, Representative Appelwick. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194, 250
Point of Personal Privilege, Representative Huff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Point of Personal Privilege, Representative Lisk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .250
Point of Personal Privilege, Representative Romero. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .195
Statement for the Journal, Representative Benton. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111
Statement for the Journal, Representative Elliot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .146
HOUSE OF REPRESENTATIVES (REP. HORN PRESIDING)
Statement for the Journal, Representative Clements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .171
Statement for the Journal, Representative Hymes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .122
Statement for the Journal, Representative Koster. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .122
Statement for the Journal, Representative Stevens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Statement for the Journal, Representative Tokuda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
SPEAKER OF THE HOUSE
Speaker's Privilege, Appointment of Committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .250
Speaker's Privilege, Thanking everyone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
Speaker's Privilege, Thanking staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194