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SIXTIETH DAY

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MORNING SESSION

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Senate Chamber, Olympia, Thursday, March 7, 1996

The Senate was called to order at 8:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Hale, Haugen, Long, Rinehart and Sheldon. On motion of Senator Anderson, Senators Hale and Long were excused.

The Sergeant at Arms Color Guard, consisting of Teresa Burns and Chris Canorro, presented the Colors. President Pritchard offered the prayer.

MOTION

On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.

MESSAGES FROM THE HOUSE

March 6, 1996

MR. PRESIDENT:

The House has adopted ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4426, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 6, 1996

MR. PRESIDENT:

The House has adopted ENGROSSED HOUSE CONCURRENT RESOLUTION NO. 4427 and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 6, 1996

MR. PRESIDENT:

The Speaker 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,

HOUSE BILL NO. 2467,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2485,

SUBSTITUTE HOUSE BILL NO. 2518,

SUBSTITUTE HOUSE BILL NO. 2762,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2909,

HOUSE BILL NO. 2932, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

SIGNED BY THE PRESIDENT

The President 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,

HOUSE BILL NO. 2467,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2485,

SUBSTITUTE HOUSE BILL NO. 2518,

SUBSTITUTE HOUSE BILL NO. 2762,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2909,

HOUSE BILL NO. 2932.

MOTION

On motion of Senator Moyer, the following resolution was adopted:

SENATE RESOLUTION 1996-8709

By Senators Moyer, Quigley and Rasmussen

WHEREAS, The Washington State Legislature has worked diligently toward a public policy of market dynamics in health care to advance the goals of affordability and access to health insurance for all our citizens; and

WHEREAS, Access to affordable health insurance contributes to the health of Washington's citizens by making it easier and less costly to take advantage of preventive health care services and timely treatment of physical ailments; and

WHEREAS, The purchase of health insurance by individual buyers is threatened by rising costs; and

WHEREAS, The availability of health insurance to individuals is diminishing; and

WHEREAS, All health care purchasers benefit from a health insurance market that includes a variety of choices, benefits and payment methods; and

WHEREAS, The private health care system has the capacity to tailor insurance coverage to meet the distinct and diverse needs of each individual health care purchaser; and

WHEREAS, Health insurers have a duty to make affordable health care insurance available to every citizen in Washington; and

WHEREAS, The Washington State Insurance Commissioner has a responsibility to oversee rules and regulations affecting the insurance industry in a manner that benefits the citizens of the state; and

NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington requests the Health Care Policy Board, representatives of the health insurance industry, the Insurance Commissioner's Office and other parties of interest to meet as appropriate; and

BE IT FURTHER RESOLVED, That the purpose of these meetings be to develop recommendations to the Legislature for a course of action to resolve the problems adversely affecting access to and the affordability of individual health care by January 1, 1997.

Senators Moyer and Quigley spoke to Senate Resolution 1996-8709.

MOTION

At 8:14 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.

The Senate was called to order at 9:40 a.m. by President Pritchard.

There being no objection, the President reverted the Senate to the sixth order of business.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator McAuliffe, Gubernatorial Appointment No. 9274, Dr. Ronald LaFayette, as a member of the Board of Trustees for the State School for the Deaf, was confirmed.

APPOINTMENT OF DR. RONALD LaFAYETTE

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 3; Excused, 2.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44.

Absent: Senators Haugen, Rinehart and Sheldon - 3.

Excused: Senators Hale and Long - 2.

There being no objection, the President returned the Senate to the fourth order of business.

MESSAGE FROM THE HOUSE

March 6, 1996

MR. PRESIDENT:

Under suspension of the rules, SENATE BILL NO. 6339 was returned to second reading for the purpose of amendment(s). The following amendment was adopted and the bill passed the House as amended:

On page 4, beginning on line 28, strike all of subsection (10) and insert the following:

"(10) (a) Persons who have completed a nationally recognized alcohol management or intervention program since July 1, 1993, may be issued a class 12 or 13 permit upon providing proof of completion of such training to the board.

(b) Persons who completed the board's alcohol server training program after July 1, 1993, but before July 1, 1995, may be issued a class 13 permit upon providing proof of completion of such training to the board.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

Senator Pelz moved that the Senate do concur in the House amendment to Senate Bill No. 6339.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Pelz that the Senate do concur in the House amendment to Senate Bill No. 6339.

The motion by Senator Pelz carried and the Senate concurred in the House amendment to Senate Bill No. 6339.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6339, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6339, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

Absent: Senator Haugen - 1.

SENATE BILL NO. 6339, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MESSAGE FROM THE HOUSE

March 1, 1996

MR. PRESIDENT:

The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6392 with the following amendment(s):

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. LEGISLATIVE FINDINGS. It is the intent of the legislature to ensure that all enrollees in managed care settings have access to adequate information regarding health care services covered by health carriers' health plans, and provided by health care providers and health care facilities. It is only through such disclosure that Washington state citizens can be fully informed as to the extent of health insurance coverage, availability of health care service options, and necessary treatment. With such information, citizens are able to make knowledgeable decisions regarding their health care.

NEW SECTION. Sec. 2. CENSORING PROVIDER INFORMATION TO PATIENTS BY CARRIERS. (1) No health carrier subject to the jurisdiction of the state of Washington may in any way preclude or discourage their providers from informing patients of the care they require, including various treatment options, and whether in their view such care is consistent with medical necessity, medical appropriateness, or otherwise covered by the patient's service agreement with the health carrier. No health carrier may prohibit, discourage, or penalize a provider otherwise practicing in compliance with the law from advocating on behalf of a patient with a health carrier. Nothing in this section shall be construed to authorize providers to bind health carriers to pay for any service.

(2) No health carrier may preclude or discourage patients or those paying for their coverage from discussing the comparative merits of different health carriers with their providers. This prohibition specifically includes prohibiting or limiting providers participating in those discussions even if critical of a carrier.

(3) The insurance commissioner is prohibited from adopting rules regarding this section.

NEW SECTION. Sec. 3. PATIENT AND PROVIDER MANAGED CARE OPT-OUT PROVISION. Notwithstanding any other provision of law, no health carrier subject to the jurisdiction of the state of Washington may prohibit directly or indirectly its enrollees from freely contracting at any time to obtain any health care services outside the health care plan on any terms or conditions the enrollees choose. Nothing in this section shall be construed to bind a carrier for any services delivered outside the health plan. The provisions of this section shall be disclosed pursuant to section 4(2) of this act. The insurance commissioner is prohibited from adopting rules regarding this section.

NEW SECTION. Sec. 4. CARRIER DISCLOSURE TO PATIENTS REGARDING CARRIER POLICIES. (1) Upon the request of an enrollee or a prospective enrollee, a health carrier, as defined in RCW 48.43.005, and the Washington state health care authority, established by chapter 41.05 RCW, shall provide the following information:

(a) The availability of a point-of-service plan and how the plan operates within the coverage;

(b) Any documents, instruments, or other information referred to in the enrollment agreement;

(c) A full description of the procedures to be followed by an enrollee for consulting a provider other than the primary care provider and whether the enrollee's primary care provider, the carrier's medical director, or another entity must authorize the referral;

(d) Whether a plan provider is restricted to prescribing drugs from a plan list or plan formulary, what drugs are on the plan list or formulary, and the extent to which enrollees will be reimbursed for drugs that are not on the plan's list or formulary;

(e) Procedures, if any, that an enrollee must first follow for obtaining prior authorization for health care services;

(f) A written description of any reimbursement or payment arrangements, including, but not limited to, capitation provisions, fee-for-service provisions, and health care delivery efficiency provisions, between a carrier and a provider;

(g) Circumstances under which the plan may retrospectively deny coverage for emergency and nonemergency care that had prior authorization under the plan's written policies;

(h) A copy of all grievance procedures for claim or service denial and for dissatisfaction with care; and

(i) Descriptions and justifications for provider compensation programs, including any incentives or penalties that are intended to encourage providers to withhold services or minimize or avoid referrals to specialists.

(2) Each health carrier, as defined in RCW 48.43.005, and the Washington state health care authority, established by chapter 41.05 RCW, shall provide to all enrollees and prospective enrollees a list of available disclosure items.

(3) Nothing in this section shall be construed to require a carrier to divulge proprietary information to an enrollee.

(4) The insurance commissioner is prohibited from adopting rules regarding this section.

NEW SECTION. Sec. 5. LIABILITY IMMUNITY FOR PLAN COMPARISON ACTIVITIES. (1) A public or private entity who exercises due diligence in preparing a document of any kind that compares health carriers of any kind is immune from civil liability from claims based on the document and the contents of the document.

(2)(a) There is absolute immunity to civil liability from claims based on such a comparison document and its contents if the information was provided by the carrier, was substantially accurately presented, and contained the effective date of the information that the carrier supplied, if any.

(b) Where due diligence efforts to obtain accurate information have been taken, there is immunity from claims based on such a comparison document and its contents if the publisher of the comparison document asked for such information from the carrier, was refused, and relied on any usually reliable source for the information including, but not limited to, carrier enrollees, customers, agents, brokers, or providers. The carrier enrollees, customers, agents, brokers, or providers are likewise immune from civil liability on claims based on information they provided if they believed the information to be accurate and had exercised due diligence in their efforts to confirm the accuracy of the information provided.

(3) The immunity from liability contained in this section applies only if the comparison document contains the following in a conspicuous place and in easy to read typeface:

This comparison is based on information believed to be reliable by its publisher, but the accuracy of the information cannot be guaranteed. Caution is suggested to all readers who are encouraged to confirm data of importance to the reader before any purchasing or other decisions are made.

(4) The insurance commissioner is prohibited from adopting rules regarding this section.

NEW SECTION. Sec. 6. CAPTIONS. Captions used in this act do not constitute part of the law.

NEW SECTION. Sec. 7. CODIFICATION. Sections 1 through 5 of this act are each added to chapter 48.43 RCW.

NEW SECTION. Sec. 8. EFFECTIVE DATE. This act shall take effect July 1, 1996."

On page 1, line 1 of the title, after "entities;" strike the remainder of the title and insert "adding new sections to chapter 48.43 RCW; creating a new section; and providing an effective date.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

Senator Quigley moved that the Senate do concur in the House amendments to Engrossed Substitute Senate Bill No. 6392.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Quigley that the Senate do concur in the House amendments to Engrossed Substitute Senate Bill No. 6392.

The motion by Senator Quigley carried and the Senate concurred in the House amendments to Engrossed Substitute Senate Bill No. 6392.

MOTION

On motion of Senator Anderson, Senator Strannigan was excused.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6392, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6392, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

Voting nay: Senators Franklin and Prentice - 2.

Excused: Senator Strannigan - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6392, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MESSAGE FROM THE HOUSE

February 29, 1996

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 6430 with the following amendment(s):

On page 2, after line 21, insert the following:

"NEW SECTION. Sec. 2. The sum of one million dollars, or as much thereof as may be necessary, is appropriated for fiscal year 1997, from the general fund to the Washington state gambling commission for regulating gambling activity."

Correct the title., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Pelz, the Senate refuses to concur in the House amendment to Substitute Senate Bill No. 6430 and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

March 5, 1996

MR. PRESIDENT:

The House insists on its position regarding the Senate amendment(s) to SECOND SUBSTITUTE SENATE BILL NO. 5053 and asks the Senate to concur therein, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

Senator Haugen moved that the Senate refuse to recede from its amendment(s) to Second Substitute Senate Bill No. 5053, adheres to its position and asks the House to recede therefrom.

MOTION

Senator West moved that the Senate do concur in the House amendment(s) to Second Substitute Senate Bill No. 5053.

MOTION

Senator Spanel moved that further consideration of Second Substitute Senate Bill No. 5053 be deferred.

Debate ensued.

CALL OF THE SENATE

Senators Snyder, Haugen and Spanel demanded a Call of the Senate.

A Call of the Senate was ordered.

The Sergeant at Arms locked the doors of the Senate Chamber. The Secretary called the roll on the Call of the Senate, all members being present except Senator Strannigan who was excused earlier.

MOTION

On motion of Senator Snyder, the Senate continued under the Call of the Senate.

Senator Strannigan was now present.

The President declared the question before the Senate to be the motion by Senator Spanel to defer further consideration of Second Substitute Senate Bill No. 5053.

Senator West demanded a roll call and the demand was sustained.

The President declared the question before the Senate to be the roll call on the motion by Senator Spanel to defer further consideration of Second Substitute Senate Bill No. 5053.

ROLL CALL

The Secretary called the roll and the motion to defer further consideration of Second Substitute Senate Bill No. 5053 failed by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.

Voting yea: Senators Drew, Fairley, Franklin, Fraser, Hargrove, Haugen, Kohl, Long, Loveland, McAuliffe, McCaslin, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley and Wojahn - 24.

Voting nay: Senators Anderson, A., Bauer, Cantu, Deccio, Finkbeiner, Goings, Hale, Heavey, Hochstatter, Johnson, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Wood and Zarelli - 25.

The President declared the question before the Senate to be the positive motion by Senator West that the Senate do concur in the House amendment(s) to Second Substitute Senate Bill No. 5053.

Debate ensued.

MOTION TO LIMIT DEBATE

Senator Snyder: "Mr. President, I move that the members of the Senate be allowed to speak only once and be limited to three minutes on each motion or amendment, except that the mover of the motion shall be allowed to open and close debate, and also that members be prohibited from yielding their time. This motion shall be in effect through Sine Die."

The President declared the question before the Senate to be the motion by Senator Snyder to limit debate.

The motion by Senator Snyder carried and debate is limited to three minutes through Sine Die.

Further debate ensued on the motion by Senator West to concur in the House amendment(s) to Second Substitute Senate Bill No. 5053.

Senator West demanded a roll call and the demand was sustained.

The President declared the question before the Senate to be the roll call on the motion by Senator West to concur in the House amendment(s) to Second Substitute Senate Bill No. 5053.

ROLL CALL

The Secretary called the roll and the Senate concurred in the House amendment(s) to Second Substitute Senate Bill No. 5053 by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Finkbeiner, Goings, Hale, Hargrove, Heavey, Hochstatter, Johnson, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Wood and Zarelli - 26.

Voting nay: Senators Drew, Fairley, Franklin, Fraser, Haugen, Kohl, Long, Loveland, McAuliffe, McCaslin, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Thibaudeau, Winsley and Wojahn - 23.

The President declared the question before the Senate to be roll call on the final passage of Second Substitute Senate Bill No. 5053, as amended by the House.

Debate ensued.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5053, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.

SECOND SUBSTITUTE SENATE BILL NO. 5053, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

STATEMENT FOR THE JOURNAL

Concerning Engrossed Substitute Senate Bill No. 6211:

It was my intention to vote no on final passage of this bill. However, due to confusion, on my part, between the 'short title' and the 'brief description,' I was mistaken on the bill. Please file this in your Journal for future reference.

SENATOR JOE ZARELLI, 18th District

MESSAGE FROM THE HOUSE

March 5, 1996

MR. PRESIDENT:

Under suspension of the rules, ENGROSSED SUBSTITUTE SENATE BILL NO. 6211 was returned to second reading for the purpose of amendment(s). The following amendments were adopted and the bill passed the House as amended:

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 39.34 RCW to read as follows:

(1) Each county, city, and town is responsible for the prosecution, adjudication, sentencing, and incarceration of misdemeanor and gross misdemeanor offenses committed by adults in their respective jurisdictions, and referred from their respective law enforcement agencies, whether filed under state law or city ordinance, and must carry out these responsibilities through the use of their own courts, staff, and facilities, or by entering into contracts or interlocal agreements under this chapter to provide these services. Nothing in this section is intended to alter the statutory responsibilities of each county for the prosecution, adjudication, sentencing, and incarceration for not more than one year of felony offenders, nor shall this section apply to any offense initially filed by the prosecuting attorney as a felony offense or an attempt to commit a felony offense.

(2) The following principles must be followed in negotiating interlocal agreements or contracts: Cities and counties must consider (a) anticipated costs of services; and (b) anticipated and potential revenues to fund the services, including fines and fees, criminal justice funding, and state-authorized sales tax funding levied for criminal justice purposes.

(3) If an agreement as to the levels of compensation within an interlocal agreement or contract for gross misdemeanor and misdemeanor services cannot be reached between a city and county, then either party may invoke binding arbitration on the compensation issued by notice to the other party. In the case of establishing initial compensation, the notice shall request arbitration within thirty days. In the case of nonrenewal of an existing contract or interlocal agreement, the notice must be given one hundred twenty days prior to the expiration of the existing contract or agreement and the existing contract or agreement remains in effect until a new agreement is reached or until an arbitration award on the matter of fees is made. The city and county each select one arbitrator, and the initial two arbitrators pick a third arbitrator.

(4) For cities or towns that have not adopted, in whole or in part, criminal code or ordinance provisions related to misdemeanor and gross misdemeanor crimes as defined by state law, this section shall have no application until July 1, 1998.

NEW SECTION. Sec. 2. This act shall take effect January 1, 1997."

On page 1, line 1 of the title, after "costs;" strike the remainder of the title and insert "adding a new section to chapter 39.34 RCW; and providing an effective date.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Haugen, the Senate concurred in the House amendments to Engrossed Substitute Senate Bill No. 6211.

The President declared the question before the Senate to be roll call on the final passage of Engrossed Substitute Senate Bill No. 6211, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6211, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

Voting nay: Senators Cantu and Newhouse - 2.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6211, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

DISPENSE WITH CALL OF THE SENATE

The Call of the Senate was dispensed with on motion of Senator Snyder.

MOTION

At 10:42 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.

The Senate was called to order at 11:24 a.m. by President Pritchard.

MESSAGE FROM THE HOUSE

March 7, 1996

MR. PRESIDENT:

The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6251 with the following amendment(s):

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.

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;

(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;

(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;

(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.

(((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.

(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;

(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))

(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 23,757 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.

(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

(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

(((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;

(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 Universit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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

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.

(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;

(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

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

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

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

Community College Capital Improvement Bond

Redemption Fund 1972 Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . $ 851,225

Waste Disposal Facility Bond Redemption Fund

Water Supply Facility Bond Redemption Fund

Indian Cultural Center Bond Redemption Fund

Social and Health Service Bond Redemption Fund

1976 Appropriation. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .$ 2.019,427

Higher Education Bond Retirement Fund 1977

Salmon Enhancement Construction Bond Retirement

Fire Service Training Center Bond Retirement

Fund Appropriation. .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .$ 754,844

Higher Education Bond Retirement Account 1988

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., and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Rinehart, the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 6251.

The President declared the question before the Senate to be roll call on the final passage of Engrossed Substitute Senate Bill No. 6251, as amended by the House.

Debate ensued.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6251, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

Voting nay: Senators McCaslin, Oke and Schow - 3.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6251, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

At 11:37 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.

The Senate was called to order at 2:10 p.m. by President Pritchard.

SIGNED BY THE PRESIDENT

The President signed:

SECOND SUBSTITUTE SENATE BILL NO. 5053,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6211,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6251,

SENATE BILL NO. 6339,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6392.

MESSAGES FROM THE HOUSE

March 7, 1996

MR. PRESIDENT:

The Speaker 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,

SENATE BILL NO. 6217,

SENATE BILL NO. 6253,

SUBSTITUTE SENATE BILL NO. 6542,

SENATE BILL NO. 6672,

SENATE CONCURRENT RESOLUTION NO. 8429,

SENATE CONCURRENT RESOLUTION NO. 8432, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 7, 1996

MR. PRESIDENT:

The House has passed:

SUBSTITUTE SENATE BILL NO. 6767,

ENGROSSED SENATE BILL NO. 6776, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 7, 1996

MR. PRESIDENT:

The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4416, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

There being no objection, the President advanced the Senate to the sixth order of business.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Snyder, Gubernatorial Appointment No. 9282, Peter J. Goldmark, as a member of the Board of Regents for Washington State University, was confirmed.

Senators Snyder and Rasmussen spoke to the confirmation of Peter J. Goldmark as a member of the Board of Regents for Washington State University.

APPOINTMENT OF PETER J. GOLDMARK

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 4; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Wojahn, Wood and Zarelli - 45.

Absent: Senators Fraser, Long, Roach and Winsley - 4.

There being no objection, the President returned the Senate to the fourth order of business.

MESSAGE FROM THE HOUSE

March 1, 1996

MR. PRESIDENT:

The House has passed SUBSTITUTE SENATE BILL NO. 6637 with the following amendment(s):

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 36.70A.010 and 1990 1st ex.s. c 17 s 1 are each amended to read as follows:

The legislature finds that uncoordinated and unplanned growth, together with a lack of common goals expressing the public's interest in the conservation and the wise use of our lands, pose a threat to the environment, sustainable economic development, and the health, safety, and high quality of life enjoyed by residents of this state. It is in the public interest that citizens, communities, local governments, and the private sector cooperate and coordinate with one another in comprehensive land use planning. The legislature further finds that many of the decisions by the growth management hearings boards have not accorded adequate deference to planning choices made by counties and cities. The legislature restates its intention that implementation of the growth management act focus on locally developed and locally implemented strategies to manage population growth, rather than planning decisions made at the state or regional level. Further, the legislature finds that it is in the public interest that economic development programs be shared with communities experiencing insufficient economic growth.

Sec. 2. RCW 36.70A.020 and 1990 1st ex.s. c 17 s 2 are each amended to read as follows:

The following goals are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040. This chapter does not establish or require that the following goals be given any particular priority. The growth management hearings boards, in any of their decisions, shall have no discretion to prioritize, balance, or rank these goals. The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations:

(1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner.

(2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development.

(3) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans.

(4) Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock.

(5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities.

(6) Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions.

(7) Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability.

(8) Natural resource industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.

(9) Open space and recreation. Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks.

(10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water.

(11) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.

(12) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards.

(13) Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance.

Sec. 3. RCW 36.70A.280 and 1995 c 347 s 108 are each amended to read as follows:

(1) A growth management hearings board ((shall)) may exercise its discretion to hear and determine only those petitions alleging either:

(a) That an action of a state agency, county, or city planning under this chapter ((is not in compliance with the requirements of this chapter,)) or 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 is not supported by substantial evidence in the record developed before the state agency, county, or city; 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 the state, a county or city that plans under this chapter, a person who has either appeared before the county or city regarding the matter on which a review is being requested or is certified by the governor within sixty days of filing the request with the board, or a person qualified pursuant to RCW 34.05.530)) board has discretion to consider only petitions filed by a state agency, a county or a city that plans under this chapter, or a person. The petitioner must demonstrate that it: Has participated in the public adoption process of the county or city regarding the matter on which a review is being requested; can demonstrate that each issue presented in the petition for review was presented by the petitioner on the record during the public adoption process; and can demonstrate the petitioner's interests will suffer specific and perceptible harm if the action of the county or city is not reviewed.

(3) For purposes of this section "person" means any individual, partnership, corporation, association, 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. 4. RCW 36.70A.290 and 1995 c 347 s 109 are each amended to read as follows:

(1) All requests for review to a growth management hearings board shall be initiated by filing a petition that includes a detailed statement of issues presented for resolution by the board.

(2) All petitions relating to whether or not an adopted comprehensive plan, development regulation, or permanent amendment thereto, is in compliance with the goals and requirements of this chapter or chapter 90.58 or 43.21C RCW must be filed within sixty days after publication by the legislative bodies of the county or city.

(a) Except as provided in (c) of this subsection, the date of publication for a city shall be the date the city publishes the ordinance, or summary of the ordinance, adopting the comprehensive plan or development regulations, or amendment thereto, as is required to be published.

(b) Promptly after adoption, a county shall publish a notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.

Except as provided in (c) of this subsection, for purposes of this section the date of publication for a county shall be the date the county publishes the notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.

(c) For local governments planning under RCW 36.70A.040, promptly after approval or disapproval of a local government̓s shoreline master program or amendment thereto by the department of ecology as provided in RCW 90.58.090, the local government shall publish a notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology. For purposes of this section, the date of publication for the adoption or amendment of a shoreline master program is the date the local government publishes notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology.

(3) Unless the board dismisses the petition as frivolous or finds that the person filing the petition lacks standing, the board shall, within ten days of receipt of the petition, set a time for hearing the matter.

(4) The ((board shall base its)) board's discretion is limited to issuing a decision based solely on the record developed by the city, county, or the state ((and supplemented with additional evidence if the board determines that such additional evidence would be necessary or of substantial assistance to the board in reaching its decision)).

(5) The board((,)) shall consolidate, when appropriate, all petitions involving the review of the same comprehensive plan or the same development regulation or regulations.

Sec. 5. 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)) the matters within the board's discretion set forth in RCW 36.70A.280. The final order shall 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.

(a) Includes 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 the particular part or parts of the plan or regulation that are determined to be invalid, and the reasons for their invalidity.

(3) A determination of invalidity shall:

(a) Be prospective in effect and shall not extinguish rights that vested under state or local law before the date of the board's order; and

(b) Subject any development application that would otherwise vest after the date of the board's order 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.

(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.

(5))). The boards do not have discretion to invalidate or make ineffective plans or development regulations during the period of remand.

(3) 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.

Sec. 6. RCW 36.70A.320 and 1995 c 347 s 111 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, comprehensive plans and development regulations, ((and)) amendments thereto, and any other required actions 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 making its determination)), the board shall consider the criteria adopted by the department under RCW 36.70A.190(4). The board shall not have the discretion to substitute its own interpretation of this chapter for the interpretation made by the county or city acting under this chapter. The board shall defer to the county or city as to how the county or city balanced the goals set forth in RCW 36.70A.020 in the development of its comprehensive plan, development regulations, amendments thereto, and any other required actions adopted under this chapter. The board shall find compliance ((unless)) if it finds ((by a preponderance of the evidence)) that the interpretation or application of this chapter by the state agency, county, or city ((erroneously interpreted or applied this chapter)) is supported by substantial evidence in the record developed before the state agency, county, or city.

(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.

Sec. 7. RCW 36.70A.330 and 1995 c 347 s 112 are each amended to read as follows:

(1) After the time set for complying with the requirements of this chapter under RCW 36.70A.300(1)(((b))) has expired, or at an earlier time upon the motion of a county or city ((subject to a determination of invalidity under RCW 36.70A.300)), the board shall set a hearing for the purpose of determining whether the state agency, county, or city is in compliance with the requirements of this chapter.

(2) The board shall conduct a hearing and issue a finding of compliance or noncompliance with the requirements of this chapter. A person with standing to challenge the legislation enacted in response to the board's final order may participate in the hearing along with the petitioner and the state agency, city, or county. A hearing under this subsection shall be given the highest priority of business to be conducted by the board, and a finding shall be issued within forty-five days of the filing of the motion under subsection (1) of this section with the board.

(3) If the board finds that the state agency, county, or city is not in compliance, the board shall transmit its finding to the governor. The board may recommend to the governor that the sanctions authorized by this chapter be imposed.

(((4) The board shall also reconsider its final order and decide:

(a) If a determination of invalidity has been made, whether such a determination should be rescinded or modified under the standards in RCW 36.70A.300(2); or

(b) If no determination of invalidity has been made, whether one now should be made under the standards in RCW 36.70A.300(2).

The board shall schedule additional hearings as appropriate pursuant to subsections (1) and (2) of this section.))

NEW SECTION. Sec. 8. It is the intent of the legislature that the discretion given to growth management hearings boards in chapter 347, Laws of 1995, to determine that a plan or regulation is invalid is null and void. Any board's exercise of discretion to determine a plan or regulations invalid made at any time is null, void, and of no effect. The legislature intends that this act have retroactive application and apply to determinations of invalidity made before, on, and after the effective date of this act."

On page 1, line 2 of the title, after "discretion;" strike the remainder of the title and insert "amending RCW 36.70A.010, 36.70A.020, 36.70A.280, 36.70A.290, 36.70A.300, 36.70A.320, and 36.70A.330; and creating a new section.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

. . . . . . . . . . . . . . . .MOTION

On motion of Senator Snyder, the Senate refuses to concur in the House amendments to Substitute Senate Bill No. 6637 and asks the House to recede therefrom.

MESSAGE FROM THE HOUSE

March 6, 1996

MR. PRESIDENT:

The House concurs in certain Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2828, refuses to concur in the amendment on page 4, after line 7, including the title amendment and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Sutherland, the Senate receded from its amendment on page 4, after line 7, and the title amendment to Engrossed Substitute House Bill No. 2828.

The President declared the question before the Senate to be roll call on the final passage of Engrossed Substitute House Bill No. 2828, as amended by the Senate without the amendment on page 4, after line 17, and the title amendment to Engrossed Substitute House Bill No. 2828.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2828, as amended by the Senate without the amendment on page 4, after line 7, and the title amendment, and the bill passed the Senate by the following vote: Yeas, 36; Nays, 11; Absent, 2; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prince, Rasmussen, Schow, Sellar, Sheldon, Smith, Snyder, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 36.

Voting nay: Senators Drew, Fairley, Haugen, Heavey, Kohl, Pelz, Prentice, Quigley, Rinehart, Spanel and Thibaudeau - 11.

Absent: Senators Fraser and Roach - 2.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2828, as amended by the Senate without the amendment on page 4, line 7, and the title amendment, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MESSAGE FROM THE HOUSE

March 6, 1996

MR. PRESIDENT:

The House insists on its position regarding the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2860 and again asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Haugen, the Senate refuses to recede from its amendment(s) to Substitute House Bill No. 2860, insists on its position and asks the House to concur therein.

MESSAGE FROM THE HOUSE

March 4, 1996

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2386 and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTIONS

On motion of Senator Haugen, the rules were suspended, Substitute House Bill No. 2386 was returned to second reading and read the second time.

On motion of Senator Haugen, the Senate will reconsider the Committee on Government Operations striking amendment to Substitute House Bill No. 2386, which was adopted March 1, 1996.

MOTIONS

On motion of Senator Haugen, the following amendment by Senators Haugen, Sheldon and Hale to the Committee on Government Operations striking amendment, on reconsideration, was adopted:

On page 8, after line 12 of the amendment, insert the following:

"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."

Renumber the section following consecutively and correct internal references accordingly.

On motion of Senator Haugen, the following amendments by Senators Haugen, Sheldon and Winsley to the Committee on Government Operations striking amendment, on reconsideration, were considered simultaneously and were adopted:

On page 4, line 14 of the amendment, after "owner" strike all material through "mail,"

On page 4, line 19 of the amendment, after "property;" insert "and"

On page 4, beginning on line 25 of the amendment, after "area" strike all material through "town" on line 29 of the amendment

On page 5, line 8 of the amendment, after "town" insert "to pay damages for a violation of this section"

The President declared the question before the Senate to be the adoption of the Committee on Government Operations striking amendment, as amended on reconsideration, to Substitute House Bill No. 2386.

The Committee on Government Operations striking amendment, as amended on reconsideration, to Substitute House Bill No. 2386, was adopted.

MOTIONS

On motion of Senator Haugen, the following title amendment was adopted:

On page 8, line 20 of the title amendment, after "43.05.090," strike "and" and after "43.05.100" insert ", and 34.05.230"

On motion of Senator Haugen, Substitute House Bill No. 2386, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2386, as amended by the Senate under suspension of the rules.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2386, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

SUBSTITUTE HOUSE BILL NO. 2386, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MESSAGE FROM THE HOUSE

March 6, 1996

MR. PRESIDENT:

The House insists on its position regarding the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2533 and again asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Hargrove, the rules were suspended, Substitute House Bill No. 2533 was returned to second reading and read the second time.

MOTIONS

On motion of Senator Hargrove, the following amendment by Senators Hargrove and Long was adopted:

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;

(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;

(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 motion of Senator Hargrove, the following title amendment was adopted:

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."

MOTION

On motion of Senator Hargrove, Substitute House Bill No. 2533, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTIONS

On motion of Senator Anderson, Senator Deccio was excused.

On motion of Senator Sheldon, Senator Rinehart was excused.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2533, as amended by the Senate under suspension of the rules.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2533, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46.

Absent: Senator Pelz - 1.

Excused: Senators Deccio and Rinehart - 2.

SUBSTITUTE HOUSE BILL NO. 2533, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MESSAGE FROM THE HOUSE

March 5, 1996

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to HOUSE BILL NO. 2567 and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Haugen, the rules were suspended, House Bill No. 2567 was returned to second reading and read the second time.

MOTIONS

On motion of Senator Haugen, the following amendment was adopted:

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 motion of Senator Haugen, the following title amendment was adopted:

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."

MOTION

On motion of Senator Haugen, House Bill No. 2567, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2567, as amended by the Senate under suspension of the rules.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2567, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

Absent: Senator Pelz - 1.

Excused: Senator Deccio - 1.

HOUSE BILL NO. 2567, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MESSAGE FROM THE HOUSE

March 5, 1996

MR. PRESIDENT:

The House insists on its position regarding the Senate amendment(s) to HOUSE BILL NO. 2716 and asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

Senator Snyder moved that the Senate do recede from its amendment(s) to House Bill No. 2716.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Snyder that the Senate do recede from its amendment(s) to House Bill No. 2716.

The motion by Senator Snyder carried and the Senate receded from its amendment(s) to House Bill No. 2716.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2716, without the Senate amendment(s).

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2716, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 32; Nays, 14; Absent, 2; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Cantu, Goings, Hale, Hargrove, Haugen, Hochstatter, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prince, Rasmussen, Roach, Schow, Sellar, Sheldon, Snyder, Strannigan, Sutherland, Swecker, West, Winsley, Wood and Zarelli - 32.

Voting nay: Senators Drew, Fairley, Finkbeiner, Franklin, Fraser, Heavey, Kohl, McAuliffe, Prentice, Quigley, Smith, Spanel, Thibaudeau and Wojahn - 14.

Absent: Senators Pelz and Rinehart - 2.

Excused: Senator Deccio - 1.

HOUSE BILL NO. 2716, without the Senate amendment(s), having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MESSAGE FROM THE HOUSE

March 7, 1996

MR. PRESIDENT:

The House 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 are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

CONFERENCE COMMITTEE REPORT

2SSB 5258 March 6, 1996

Includes "New Items": YES

An act relating to clarifying, technical, and administrative revisions to

community public health and safety networks

MR. PRESIDENT:

MR. SPEAKER:

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 following striking amendment be adopted:

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;

(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.", and that the bill do pass as recommended by the Conference Committee.

Signed by Senators Hargrove, Kohl, Long; Representatives Cooke, Boldt, Dickerson.

MOTION

On motion of Senator Hargrove, the Senate adopted the Conference Committee Report on Second Substitute Senate Bill No. 5258.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5258, as recommended by the Conference Committee.

ROLL CALL

The Secretary 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 Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

Absent: Senators Pelz and Rinehart - 2.

SECOND SUBSTITUTE SENATE BILL NO. 5258, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MESSAGE FROM THE HOUSE

March 7, 1996

MR. PRESIDENT:

The House 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 are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

CONFERENCE COMMITTEE REPORT

SB 6247 March 5, 1996

Includes "New Items": YES

Revising economic development activities

MR. PRESIDENT:

MR. SPEAKER:

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 following striking amendment be adopted:

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.", and that the bill do pass as recommended by the Conference Committee.

Signed by: Senators Sheldon, Loveland, Winsley; Representatives Van Luven, Radcliff, Ogden.

MOTION

On motion of Senator Sheldon, the Senate adopted the Conference Committee Report on Senate Bill No. 6247.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6247, as recommended by the Conference Committee.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6247, as recommended by the Conference Committee, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 5; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sheldon, Smith, Spanel, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 44.

Absent: Senators Goings, Rinehart, Sellar, Snyder and Sutherland - 5.

SENATE BILL NO. 6247, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MESSAGE FROM THE HOUSE

March 7, 1996

MR. PRESIDENT:

The House 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 are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

CONFERENCE COMMITTEE REPORT

ESSB 6257 March 6, 1996

Includes "New Items": YES

Improving guardian and guardian ad litem systems to protect minors and incapacitated persons

MR. PRESIDENT:

MR. SPEAKER:

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 that the following striking amendment be adopted:

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;

(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;

(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.

(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;

(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;

(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.

(a) Level of formal education;

(b) Training related to the guardian's duties;

(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.

(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.

(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.

(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.", and the bill do pass as recommended by the Conference Committee.

Signed by: Senators Hargrove, Long, Franklin; Representatives Sheahan, Lambert, Dellwo.

MOTION

On motion of Senator Hargrove, the Senate adopted the Conference Committee Report on Engrossed Substitute Senate Bill No. 6257.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6257, as recommended by the Conference Committee.

ROLL CALL

The Secretary 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 Senate by the following vote: Yeas, 46; Nays, 0; Absent, 3; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

Absent: Senators Deccio, Rinehart and Wood - 3.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6257, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MESSAGE FROM THE HOUSE

March 7, 1996

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 6285 and passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

CONFERENCE COMMITTEE REPORT

ESSB 6285 March 6, 1996

Includes "New Items": YES

Providing for disclosure of offenders' HIV test results to department of corrections and jail staff

MR. PRESIDENT:

MR. SPEAKER:

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 that the following striking amendment be adopted:

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.

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.", and that the bill do pass as recommended by the Conference Committee.

Signed by: Senators Hargrove, Kohl, Zarelli; Representatives Ballasiotes, Radcliff, Quall.

MOTION

Senator Hargrove moved that the Senate adopt the Conference Committee Report on Engrossed Substitute Senate Bill No. 6285.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Hargrove that the Senate adopt the Conference Committee Report on Engrossed Substitute Senate Bill No. 6285.

The motion by Senator Hargrove carried and the Senate adopted the Conference Committee Report on Engrossed Substitute Senate Bill No. 6285.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6285, as recommended by the Conference Committee.

ROLL CALL

The Secretary 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 Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

Absent: Senator Rinehart - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6285, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MESSAGE FROM THE HOUSE

March 7, 1996

MR. PRESIDENT:

The House has adopted the Report of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 6666 and passed the bill as recommended by the Conference Committee, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

CONFERENCE COMMITTEE REPORT

ESSB 6666 March 6, 1996

Includes "New Items": YES

Providing for a long-term solution to nuisance aquatic weeds

MR. PRESIDENT:

MR. SPEAKER:

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 amendment not be adopted, and that the following striking amendment be adopted:

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;

(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.", and that the bill do pass as recommended by the Conference Committee.

Signed by: Senators Fraser, Swecker, Fairley; Representatives Talcott, Carrell, Regala.

MOTION

On motion of Senator Winsley, the Senate adopted the Conference Committee Report on Engrossed Substitute Senate Bill No. 6666.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6666, as recommended by the Conference Committee.

ROLL CALL

The Secretary 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 Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

Absent: Senator Rinehart - 1.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6666, as recommended by the Conference Committee, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the President advanced the Senate to the eighth order of business.

MOTION

On motion of Senator Fraser, the following resolution was adopted:

SENATE RESOLUTION 1996-8713

By Senators Fraser and Kohl

WHEREAS, The state of Washington hails the academic and athletic endeavors by our state's youth; and

WHEREAS, It is vital to the future of the state of Washington and the United States of America that young people participate in healthy activities and focus their talents and energies into achieving educational success; and

WHEREAS, During each school year, the Washington Interscholastic Activities Association (WIAA) recognizes the academic achievements of high school athletic teams; and

WHEREAS, The members of the Olympia High School Girls' Gymnastics Team won the 1995-96 WIAA Academic Championship for AA schools in their sport by achieving a team GPA of 3.78; and

WHEREAS, The members of the Olympia High School Boys' Varsity Wrestling Team won the 1995-96 WIAA Academic Championship for AA schools in their sport by achieving a team GPA of 3.225; and

WHEREAS, The Olympia High School Girls' Gymnastics Team and Boys' Varsity Wrestling Team made their families, teachers, coaches, classmates and their community proud during their recently concluded seasons; and

WHEREAS, These accomplishments could not have been achieved without the dedication and drive of Gymnastics Team members Dana Hamblet, Amy Pemerl, Toni Rose, Sarah Rensel, Devin McGee, Kira Parr, Deanna Perry, Amelia Rogerson, and Team Captain Katie Parr; and Wrestling Team members Don Sunde, Steve Koh, Tom Lamb, Scott Thompson, Brock Milliern, Shaun Gravatt, Jerad Firby, Barry O'Neal, Mike Tomford, Casey Hanell, Neil Lapham, Mike Sheafe, John Ellsowrth, Tyler Martin, and Team Captains Marc Lowe and Jeremy Lindquist; and

NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington honor and recognize the diligent efforts of the Olympia High School Girls' Gymnastic Team and their coach Kim Strathdee, and the members of the Boys' Varsity Wrestling Team and their coaches Rocky Isley, John Willmarth, John Perry and Jim Zabel; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of Senate to Olympia High School Principal Richard Allen; Vice Principal and Athletic Administrator, Bob Ward; Vice Principal Margaret Hellberg; and the coaches and Athletic Directors of the Olympia High School Girls' Gymnastic Team and Boys' Varsity Wrestling Team.

INTRODUCTION OF SPECIAL GUESTS

The President welcomed and introduced the Olympia High School Girls' Gymnastic Team and the Olympia High School Boys' Varsity Wrestling Team and their coaches, who were seated in the gallery.

MOTION

On motion of Senator Bauer, the following resolution was adopted:

SENATE RESOLUTION 1996-8704

By Senators Bauer, Sellar, Kohl, Rasmussen, Drew, Heavey, Hargrove, Goings, Johnson, Snyder, Wojahn, Quigley, Hale, Fairley, Sutherland, Thibaudeau, Franklin, McAuliffe, Rinehart, Sheldon, Spanel, Wood, Oke, Winsley, Prince, Pelz, West, Prentice, Smith, Haugen and Loveland

WHEREAS, The Washington State Legislature, in 1981, established the Washington Scholars Program to recognize selected senior students from Washington's public and private high schools for their academic achievements, leadership abilities, and community service contributions; and

WHEREAS, Three senior students are selected from each of the state's forty-nine legislative districts by a review committee composed of distinguished secondary and postsecondary educators; and

WHEREAS, The students selected for special recognition as Washington Scholars have distinguished themselves by their energy and diversity as student leaders; as participants in music, debate, sports, and other programs; and through valuable service to their communities; and

WHEREAS, The families of the students have nurtured and supported the interests and talents of their children; and

WHEREAS, The state of Washington benefits from the accomplishments of these caring and gifted individuals, not only as students, but as citizens of our communities and our state;

NOW, THEREFORE, BE IT RESOLVED, That the Senate commend the families of these students for their encouragement and support; and

BE IT FURTHER RESOLVED, That the Washington Scholars be recognized and congratulated for their hard work, dedication, and maturity in achieving this noteworthy accomplishment; and

BE IT FURTHER RESOLVED, That the Secretary of the Senate immediately transmit copies of this resolution to all of the Washington Scholars from each of the forty-nine legislative districts.

Senators Bauer and Wood spoke to Senate Resolution 1996-8704.

There being no objection, the President returned the Senate to the sixth order of business.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

MOTION

On motion of Senator Pelz, Gubernatorial Appointment No. 9158, James McGhee, as a member of the Lottery Commission, was confirmed.

APPOINTMENT OF JAMES McGHEE

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

Absent: Senators Anderson, A. and Sellar - 2.

MOTION

On motion of Senator Moyer, Senator Cantu was excused.

MOTION

On motion of Senator Smith, Gubernatorial Appointment No. 9223, Robert W. Winsor, as a member of the Clemency and Pardons Board, was confirmed.

APPOINTMENT OF ROBERT W. WINSOR

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

Excused: Senator Cantu - 1.

MOTION

On motion of Senator Wood, Senator Schow was excused.

MOTION

On motion of Senator Smith, Gubernatorial Appointment No. 9236, Dr. Anita Mendez-Peterson, as a member of the Clemency and Pardons Board, was confirmed.

APPOINTMENT OF DR. ANITA MENDEZ-PETERSON

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.

Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 45.

Absent: Senators Rinehart and West - 2.

Excused: Senators Cantu and Schow - 2.

MOTION

On motion of Senator Wood, Senator Sellar was excused.

MOTION

On motion of Senator Smith, Gubernatorial Appointment No. 9275, Barbara Cothern, as a member of the Public Disclosure Commission, was confirmed.

APPOINTMENT OF BARBARA COTHERN

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

Excused: Senators Schow and Sellar - 2.

MOTION

On motion of Senator Anderson, Senator Wood was excused.

MOTION

On motion of Senator Spanel, Gubernatorial Appointment No. 9271, Brian Stiles, as a member of the Board of Trustees for Skagit Valley Community College District No. 4, was confirmed.

APPOINTMENT OF BRIAN STILES

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 46.

Absent: Senator Smith - 1.

Excused: Senators Sellar and Wood - 2.

There being no objection, the President advanced the Senate to the eighth order of business.

MOTION

On motion of Senator Kohl, the following resolution was adopted:

SENATE RESOLUTION 1996-8714

By Senators Kohl, Goings, Sutherland, Smith, Loveland, Winsley, Sheldon, Long, Haugen, Prentice, Rasmussen, Roach, Wojahn, Drew, Rinehart, Fairley, Wood, Hale, Bauer, Thibaudeau, Franklin, McAuliffe, Spanel, Quigley, Owen, Hargrove, Pelz and Anderson

WHEREAS, Women of every age, race, religion, creed, ethnicity, economic status, and degree of ability and disability have immeasurably enriched and continue to enrich our homes, our schools, our workplaces, our communities, our state, our country, and every nation on Earth; and

WHEREAS, Women have played a critical economic, cultural, and social role in every sphere of life by constituting a significant portion of the labor force whether working inside or outside of the home, whether paid or as a volunteer; and

WHEREAS, Women of every age, race, religion, creed, ethnicity, economic status, and degree of ability and disability have served as leaders of every major progressive movement of social change; and

WHEREAS, Day-to-day discrimination against women remains a fact of life around the globe, and women continue to be largely unrecognized and undervalued for their historical and contemporary accomplishments; and

WHEREAS, Women continue to lead efforts in eliminating discrimination and violence committed against women, men, and children, and in promoting equality, equity, and peace; and

WHEREAS, Washington State has always been a champion of womens' rights and a national leader in promoting progress for women, having been one of the first states to grant suffrage to women, having the highest proportion of women legislators of any State Legislature currently and in the history of the United States, and having a majority of women in the Senate majority caucus, which is a first in the United States; and

WHEREAS, The United States of America remains a world leader and must continue to set the standards for womens' rights and equality; and

WHEREAS, 1996 is the 86th anniversary of women's suffrage in Washington State and the 76th anniversary of womens' suffrage in the United States; and

WHEREAS, March is National Womens' History Month as proclaimed by Congress, and March 8th is International Womens' Day as proclaimed by the United Nations;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor and celebrate the women of our state, country, and the world, and recognize March 8th as International Women's Day and March as National Womens' History Month.

Senators Kohl and McCaslin spoke to Senate Resolution 1996-8714.

MOTION

On motion of Senator Snyder, the following resolution was adopted:

SENATE RESOLUTION 1996-8694

WHEREAS, The Shelburne Inn of Seaview, Washington, is our state's oldest continuously operating inn; and

WHEREAS, In June of this year, The Shelburne Inn will commemorate its one-hundredth anniversary; and

WHEREAS, The history of The Shelburne Inn is both rich and diverse, as it has long served as a landmark in the coastal village of Seaview, attracting visitors from across the country and demonstrating its usefulness to the community; and

WHEREAS, In keeping with the Shelburne's heritage, numerous restoration and refurbishing projects have been meticulously undertaken to confirm its ability to adapt to the changing times; and

WHEREAS, The Shelburne Inn is rated as one of the "Top 25 inns worldwide" and is one of only six Washington inns listed in The Innkeepers' Register , a guide to 309 of the most prestigious guest accommodations in North America and Great Britain;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate pays tribute to The Shelburne Inn on the occasion of its one-hundredth anniversary and extends to the operators and staff its best wishes during this centennial celebration; and

BE IT FURTHER RESOLVED, That the Secretary of the Senate be directed to send a copy of this resolution to Laurie Anderson and David Campiche, owners and operators of The Shelburne Inn.

MOTION

On motion of Senator Swecker, the following resolution was adopted:

SENATE RESOLUTION 1996-8701

By Senators Swecker, Anderson, Snyder, Spanel, Oke, Drew, Sellar, Morton, Haugen, Hochstatter, Rasmussen, McDonald, Sutherland and Roach

WHEREAS, The Murray Pacific Corporation has been a leader in the forest products industry; and

WHEREAS, This corporation has shown leadership in environmental protection; and

WHEREAS, Murray Pacific has helped set a nation-wide trend toward comprehensive protection of fish and wildlife habitat on timber lands; and

WHEREAS, This company has made a substantial investment of private dollars into the development of habitat conservation plans to protect public and private resources for future generations; and

WHEREAS, Murray Pacific has shown tremendous initiative in expending its financial resources to provide a public benefit; and

WHEREAS, The company has taken great efforts to work with the United States Department of the Interior and ultimately received approval for its habitat conservation planning from the Secretary of the Interior and the President of the United States; and

WHEREAS, Murray Pacific has worked cooperatively through the Timber, Fish, and Wildlife Agreement process; and

WHEREAS, Certainty in the regulatory climate created by this state and the federal government is essential to ensuring that Murray Pacific and other land managers continue to provide leadership in the protection and enhancement of fish and wildlife habitat;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor the efforts of the Murray Pacific Corporation with passage of this Senate Floor Resolution; and

BE IT FURTHER RESOLVED, That with passage of this resolution, the members of the Washington State Senate acknowledge the example this company has set, and the importance of certainty in the regulation of lands within our state.

There being no objection, the President returned the Senate to the sixth order of business.

SECOND READING

HOUSE BILL NO. 2341, by Representatives Cooke, Appelwick and L. Thomas

Relating to the use of credit cards in state liquor stores.

The bill was read the second time.

MOTIONS

On motion of Senator Pelz, the following Committee on Ways and Means amendment was adopted:

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;

(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 motion of Senator Pelz, the following title amendment was adopted:

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."

MOTION

On motion of Senator Pelz, the rules were suspended, House Bill No. 2341, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2341, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2341, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 36; Nays, 12; Absent, 1; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Fraser, Goings, Hale, Hochstatter, Johnson, Kohl, McDonald, Morton, Moyer, Newhouse, Oke, Pelz, Prince, Quigley, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 36.

Voting nay: Senators Franklin, Hargrove, Haugen, Heavey, Long, Loveland, McAuliffe, McCaslin, Owen, Prentice, Rasmussen and Zarelli - 12.

Absent: Senator Smith - 1.

HOUSE BILL NO. 2341, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the President reverted the Senate to the first order of business.

REPORTS OF STANDING COMMITTEES

March 7, 1996

SB 5104 Prime Sponsor, Senator Loveland: Adopting the capital budget. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Substitute Senate Bill No. 5104 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Kohl, Long, McDonald, Moyer, Pelz, Quigley, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West and Winsley.

HOLD.

March 7, 1996

SB 6137 Prime Sponsor, Senator Kohl: Providing tax credits as an incentive for employer-sponsored child care benefits. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Substitute Senate Bill No. 6137, as recommended by Committee on Human Services and Corrections, be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Drew, Finkbeiner, Fraser, Hargrove, Kohl, Long, McDonald, Moyer, Pelz, Quigley, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.

HOLD.

March 7, 1996

SB 6184 Prime Sponsor, Senator Loveland: Crediting certain insurance premium taxes. Reported by Committee on Ways and Means

MAJORITY recommendation: Do pass as amended. Signed by Senators Rinehart, Chair; Cantu, Drew, Hargrove, Hochstatter, Johnson, McDonald, Moyer, Snyder, Strannigan, Sutherland, West and Wojahn.

HOLD.

March 7, 1996

SB 6382 Prime Sponsor, Senator Hochstatter: Lowering the business and occupation taxation of the handling of hay, alfalfa, or seed. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Second Substitute Senate Bill No. 6382 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Finkbeiner, Hargrove, Hochstatter, Johnson, Long, McDonald, Moyer, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.

HOLD.

March 7, 1996

SB 6401 Prime Sponsor, Senator Bauer: Providing a sales and use tax exemption for carbon used in producing aluminum. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Kohl, Long, McDonald, Moyer, Quigley, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.

HOLD.

March 7, 1996

SB 6510 Prime Sponsor, Senator Loveland: 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. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Substitute Senate Bill No. 6510 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Kohl, Long, McDonald, Moyer, Quigley, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.

HOLD.

March 7, 1996

SB 6511 Prime Sponsor, Senator Loveland: Providing sales and use tax exemptions for materials used in the construction of a laser interferometer gravitational wave observatory. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Hargrove, Hochstatter, Johnson, Kohl, Long, McDonald, Moyer, Quigley, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.

HOLD.

March 7, 1996

SB 6526 Prime Sponsor, Senator Spanel: Exempting from sales and use tax medicines prescribed by naturopaths. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Kohl, Long, McDonald, Moyer, Pelz, Quigley, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.

HOLD.

March 7, 1996

SB 6656 Prime Sponsor, Senator Bauer: Providing sales and use tax exemptions for manufacturing machinery and equipment. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Substitute Senate Bill No. 6656 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Kohl, Long, McDonald, Moyer, Quigley, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.

HOLD.

March 7, 1996

SB 6775 Prime Sponsor, Senator Sutherland: Providing property tax relief for destroyed property. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Substitute Senate Bill No. 6775 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Kohl, Long, McDonald, Moyer, Pelz, Quigley, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.

HOLD.

March 7, 1996

SB 6777 Prime Sponsor, Senator Sutherland: Providing a credit against property taxes on residential property. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Substitute Senate Bill No. 6777 be substituted therefor, and the substitute bill do pass. Signed by Senators Rinehart, Chair; Bauer, Cantu, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Long, McDonald, Moyer, Quigley, Roach, Sheldon, Strannigan, Sutherland, West, Winsley and Wojahn.

HOLD.

March 7, 1996

SJR 8220 Prime Sponsor, Senator Sutherland: Amending the state Constitution to allow a credit against property taxes on residential property. Reported by Committee on Ways and Means

MAJORITY Recommendation: That Substitute Senate Joint Resolution No. 8220 be substituted therefor, and the substitute joint resolution do pass. Signed by Senators Bauer, Cantu, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Long, McDonald, Moyer, Quigley, Roach, Sheldon, Strannigan, Sutherland, Winsley and Wojahn.

HOLD.

March 7, 1996

SHB 2119 Prime Sponsor, House Committee on Agriculture and Ecology: Providing for the excise taxation of preserved fruit and vegetables. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Kohl, Long, McDonald, Moyer, Quigley, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.

HOLD.

March 7, 1996

ESHB 2214 Prime Sponsor, House Committee on Finance: Exempting medical research materials from sales and use taxes. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Drew, Finkbeiner, Fraser, Hargrove, Johnson, Kohl, Long, McDonald, Moyer, Pelz, Quigley, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.

HOLD.

March 7, 1996

HB 2290 Prime Sponsor, Representative Honeyford: Exempting construction of wind energy and solar electric generating facilities from sales and use tax. Reported by Committee on Ways and Means

MAJORITY recommendation: Do pass as amended by Committee on Energy, Telecommunications and Utilities. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Kohl, Long, McDonald, Moyer, Pelz, Quigley, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.

HOLD.

March 7, 1996

HB 2337 Prime Sponsor, Representative Schoesler: Defining distressed county designation. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass as amended. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Drew, Fraser, Hargrove, Hochstatter, Kohl, Long, McDonald, Moyer, Quigley, Roach, Sheldon, Snyder, Spanel, Strannigan, West, Winsley and Wojahn.

HOLD.

March 7, 1996

SHB 2447 Prime Sponsor, House Committee on Finance: Providing business and occupation tax exemptions for auctions and wholesale transactions involving motor vehicles. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Fraser, Hargrove, Hochstatter, Johnson, Moyer, Quigley, Roach, Sheldon, Snyder, Strannigan, Sutherland, West, Winsley and Wojahn.

HOLD.

March 7, 1996

HB 2484 Prime Sponsor, Representative Van Luven: Allowing sales and use tax exemptions for manufacturing machinery and equipment used for maintenance, improvement, and research and development. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass as amended. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Kohl, Long, McDonald, Moyer, Quigley, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.

HOLD.

March 7, 1996

SHB 2590 Prime Sponsor, Representative Van Luven: Implementing excise tax changes needed as a result of Jefferson Lines v. Oklahoma.

MAJORITY Recommendation: Do pass as amended. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Kohl, Long, McDonald, Moyer, Pelz, Quigley, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.

HOLD.

March 7, 1996

HB 2593 Prime Sponsor, Representative Schoesler: Changing the taxation of railroad-related businesses. Reported by Committee on Ways and Means

HOLD.

March 7, 1996

ESHB 2695 Prime Sponsor, House Committee on Education: Changing the timelines for development and implementation of the student assessment system. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Johnson, Kohl, Long, Moyer, Pelz, Quigley, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.

HOLD.

March 7, 1996

SHB 2708 Prime Sponsor, House Committee on Finance: Requiring a warehouse tax study. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass as amended. Signed by Senators Rinehart, Chair; Loveland, Vice Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hargrove, Hochstatter, Kohl, Long, McDonald, Moyer, Quigley, Roach, Sheldon, Snyder, Spanel, Strannigan, Sutherland, West, Winsley and Wojahn.

HOLD.

March 7, 1996

SHB 2745 Prime Sponsor, House Committee on Finance: Clarifying the taxation of intangible personal property. Reported by Committee on Ways and Means

HOLD.

March 7, 1996

SHB 2778 Prime Sponsor, House Committee on Agriculture and Ecology: Providing sales and use tax exemptions for agricultural employee housing. Reported by Committee on Ways and Means

HOLD.

March 7, 1996

EHB 2841 Prime Sponsor, Representative Carrell: Limiting property tax increases additionally to the rate of inflation. Reported by Committee on Ways and Means

HOLD.

March 7, 1996

2SHB 2856 Prime Sponsor, House Committee on Appropriations: Establishing the office of the child, youth, and family ombudsman. Reported by Committee on Ways and Means

HOLD.

March 7, 1996

HB 2861 Prime Sponsor, Representative Carlson: Exempting sales of academic transcripts from B&O, sales, and use taxes. Reported by Committee on Ways and Means

MAJORITY Recommendation: Do pass. Signed by Senators Rinehart, Chair; Bauer, Cantu, Drew, Finkbeiner, Fraser, Hochstatter, Johnson, Kohl, Long, McDonald, Moyer, Pelz, Quigley, Roach, Sheldon, Spanel, Strannigan, Winsley and Wojahn.

HOLD.

MOTION

On motion of Senator Spanel, the rules were suspended and all of the Senate Bills and all the House Bills on the Reports of Standing Committees were advanced to second reading and placed on the second reading calendar.

MOTION

At 4:04 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.

The Senate was called to order at 5:00 p.m. by President Pritchard.

There being no objection, the President advanced the Senate to the third order of business.

MESSAGE FROM THE GOVERNOR

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to advise you that on March 7, 1996, Governor Lowry approved the following Senate Bills entitled:

Substitute Senate Bill No. 5050

Relating to burglary in the first degree.

Substitute Senate Bill No. 5140

Relating to drug-free zones in publicly owned or publicly operated civic centers.

Substitute Senate Bill No. 5522

Relating to the use of pro tempore judges and court commissioners.

Engrossed Substitute Senate Bill No. 5605

Relating to prohibiting alcohol and drug use in state-owned college or university residences.

Second Substitute Senate Bill No. 5757

Relating to bidding requirements.

Engrossed Substitute Senate Bill No. 6093

Relating to sidewalk reconstruction.

Substitute Senate Bill No. 6101

Relating to food fish and shellfish license requirements.

Substitute Senate Bill No. 6113

Relating to paternity.

Substitute Senate Bill No. 6150

Relating to health care professionals doing business as professional service corporations or limited liability companies.

Senate Bill No. 6167

Relating to jurisdiction of petitions for dissolution of marriage.

Senate Bill No. 6181

Relating to requirements of a petition for deferred prosecution.

Senate Bill No. 6216

Relating to state board of education office staff.

Substitute Senate Bill No. 6271

Relating to vehicles that have been rebuilt from salvage.

Engrossed Substitute Senate Bill No. 6398

Relating to background checks of employees at the special commitment center.

Senate Bill No. 6414

Relating to the voluntary withholding of federal income tax from unemployment insurance benefit payments.

Senate Bill No. 6467

Relating to pollution source fees.

Substitute Senate Bill No. 6487

Relating to commercial driver's license.

Senate Bill No. 6489

Relating to refunds of overpayments of license fees and motor vehicle excise taxes.

Engrossed Substitute Senate Bill No. 6554

Relating to attachments to transmission facilities.

Engrossed Senate Bill No. 6631

Relating to exempting thermal energy companies from utilities and transportation commission authority.

Sincerely,

KENT CAPUTO, Legal Counsel to the Governor

There being no objection, the President advanced the Senate to the sixth order of business.

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.

MOTION

On motion of Senator Rinehart, the rules were suspended, Senate Bill No. 6401 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6401.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6401 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

Absent: Senators McDonald and Strannigan - 2.

SENATE BILL NO. 6401, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Anderson, Senator Strannigan was excused.

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.

MOTION

On motion of Senator Rinehart, the rules were suspended, Senate Bill No. 6511 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6511.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6511 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

Absent: Senator McDonald - 1.

Excused: Senator Strannigan - 1.

SENATE BILL NO. 6511, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

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 Senator Rinehart, the rules were suspended, Senate Bill No. 6526 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6526.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6526 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

Excused: Senator Strannigan - 1.

SENATE BILL NO. 6526, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Snyder, Senate Bill No. 6401, Senate Bill No. 6511 and Senate Bill No. 6526 were immediately transmitted to the House of Representatives.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 2119, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Honeyford, Lisk, Morris, Chandler, Mastin, Grant, Delvin, Clements, Basich, Mulliken, Skinner, Kremen, Koster, Boldt, Goldsmith, McMorris, Johnson, Hymes, Thompson, Foreman, Hankins, Sheldon, Schoesler, Campbell, L. Thomas, Sheahan and Stevens)

Providing for the excise taxation of preserved fruit and vegetables.

The bill was read the second time.

MOTION

On motion of Senator Rinehart, the rules were suspended, Substitute House Bill No. 2119 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2119.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2119 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

SUBSTITUTE HOUSE BILL NO. 2119, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2214, by House Committee on Finance (originally sponsored by Representatives Van Luven, B. Thomas, Schoesler, Pennington, Mastin, Sheldon, Radcliff, Koster, Smith, Huff, Sheahan, Morris, Thompson, Cooke, Goldsmith, Backlund, Benton and Dyer)

Exempting medical research materials from sales and use taxes.

The bill was read the second time.

MOTION

On motion of Senator Rinehart, the rules were suspended, Engrossed Substitute House Bill No. 2214 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2214.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2214 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

Absent: Senator Schow - 1.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2214, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 2447, by House Committee on Finance (originally sponsored by Representatives Robertson, Cairnes, L. Thomas, Silver, Mulliken and Carrell)

Providing business and occupation tax exemptions for auctions and wholesale transactions involving motor vehicles.

The bill was read the second time.

MOTION

On motion of Senator Rinehart, the rules were suspended, Substitute House Bill No. 2447 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2447.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2447 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

Voting nay: Senator Long - 1.

SUBSTITUTE HOUSE BILL NO. 2447, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 2593, by Representatives Schoesler, Mason, B. Thomas and Boldt (by request of Department of Revenue)

Changing the taxation of railroad-related businesses.

The bill was read the second time.

MOTION

On motion of Senator Rinehart, the rules were suspended, House Bill No. 2593 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2593.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2593 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

HOUSE BILL NO. 2593, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2695, by House Committee on Education (originally sponsored by Representatives Brumsickle and B. Thomas) (by request of Joint Select Committee on Education Restructuring, Board of Education and Commission on Student Learning)

Changing the timelines for development and implementation of the student assessment system.

The bill was read the second time.

MOTION

On motion of Senator Rinehart, the rules were suspended, Engrossed Substitute House Bill No. 2695 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2695.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2695 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 5; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Schow, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 44.

Voting nay: Senators Cantu, Morton, Roach, Sellar and Zarelli - 5.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2695, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 2778, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Mastin, Chappell, Chandler, Honeyford, Foreman, Mulliken, Lisk, Clements, Sheldon and Thompson) (by request of Department of Health and Department of Agriculture)

Providing sales and use tax exemptions for agricultural employee housing.

The bill was read the second time.

MOTION

On motion of Senator Rinehart, the rules were suspended, Substitute House Bill No. 2778 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2778.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2778 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

SUBSTITUTE HOUSE BILL NO. 2778, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 2861, by Representatives Carlson, Mulliken, Jacobsen, Van Luven, Blanton, Benton, Scheuerman, Basich, Goldsmith, Delvin and Quall

Exempting sales of academic transcripts from B&O, sales, and use taxes.

The bill was read the second time.

MOTION

On motion of Senator Rinehart, the rules were suspended, House Bill No. 2861 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2861.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2861 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

HOUSE BILL NO. 2861, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE CONCURRENT RESOLUTION NO. 4423, by Representatives Johnson, Brumsickle, Radcliff, Cole, Quall, Talcott, McMahan, Hatfield, Thompson, Mulliken, Sheldon, Smith, Stevens, Clements, Hargrove, Sterk, Beeksma, H. Sommers, Wolfe, Kessler, Elliot, K. Schmidt, Lambert, Silver, Casada, Carrell, Chandler, Sherstad, B. Thomas, Crouse, Buck, Pelesky, Cooke, McMorris, D. Schmidt, Hymes, Mastin, Mitchell, Huff, Fuhrman, Goldsmith, Blanton, Delvin, Cairnes, Hankins, Sehlin, L. Thomas, Honeyford, Carlson, Backlund, Mason, Linville, Conway, D. Sommers, Scheuerman, Romero, Ogden, Brown, R. Fisher, Cody, Murray, Costa, Tokuda, Regala, Dickerson, Robertson, Keiser, Chopp, Skinner and Dyer

Requesting the governor to declare the Year of the Reader.

The concurrent resolution was read the second time.

MOTION

On motion of Senator McAuliffe, the rules were suspended, House Concurrent Resolution No. 4423 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

The President declared the question before the Senate to be the adoption of House Concurrent Resolution No. 4423.

HOUSE CONCURRENT RESOLUTION NO. 4423 was adopted by voice vote.

SECOND READING

HOUSE CONCURRENT RESOLUTION NO. 4424, by Representatives Delvin, Chandler, Robertson, Clements, Foreman, Grant, Schoesler, Hankins, Mulliken, Linville, B. Thomas, Honeyford, McMahan and Silver

Establishing a legislative joint committee on water resources.

The concurrent resolution was read the second time.

MOTION

On motion of Senator Fraser, the rules were suspended, House Concurrent Resolution No. 4424 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Concurrent Resolution No. 4424.

ROLL CALL

The Secretary called the roll on the final passage of House Concurrent Resolution No. 4424 and the concurrent resolution passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 3; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 45.

Voting nay: Senator Johnson - 1.

Absent: Senators Hargrove, Pelz and Thibaudeau - 3.

HOUSE CONCURRENT RESOLUTION NO. 4424, having received the constitutional majority, was declared passed.

SECOND READING

SENATE BILL NO. 5104, by Senators Loveland and West (by request of Office of Financial Management)

Adopting the capital budget.

MOTION

On motion of Senator Rinehart, Substitute Senate Bill No. 5104 was substituted for Senate Bill No. 5104 and the substitute bill was

placed on second reading and read the second time.

Debate ensued.

MOTION

Senator Strannigan moved that the following amendments be considered simultaneously and be adopted:

On page 22, line 12, strike "21,100,000" and insert "((21,100,000)) 19,600,000"

On page 22, line 13, strike "22,500,000" and insert "((22,500,000))21,000,000"

On page 22, after line 13, insert the following:

"General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Strannigan to adopt the amendments on page 22, lines 12 and 13, and after line 13, to Substitute Senate Bill No. 5104.

The motion by Senator Strannigan carried and the amendments were adopted.

MOTIONS

On motion of Senator Strannigan, the following amendments were considered simultaneously and were adopted:

On page 23, line 53, after "status" and before the period, insert "or existing natural area preserves"

On page 24, line 4, strike "53,000,000" and insert "50,000,000"

On page 24, after line 4, insert the following:

"Habitat Conservation Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,500,000

Outdoor Recreation Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000"

On motion of Senator Loveland, the rules were suspended, Engrossed Substitute Senate Bill No. 5104 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5104.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5104 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

Voting nay: Senators McCaslin and Schow - 2.

ENGROSSED SUBSTITUTE SENATE BILL NO. 5104, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the President returned the Senate to the fourth order of business.. .

MESSAGE FROM THE HOUSE

March 7, 1996

MR. PRESIDENT:

Under suspension of the rules, SENATE BILL NO. 6174 was returned to second reading for the purpose of amendment(s). The following amendments were adopted and the bill passed the House as amended:

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28B.85.020 and 1994 c 38 s 1 are each amended to read as follows:

(1) The board:

(((1))) (a) Shall adopt by rule minimum standards for degree-granting institutions concerning granting of degrees, quality of education, unfair business practices, financial stability, and other necessary measures to protect citizens of this state against substandard, fraudulent, or deceptive practices. The board shall adopt the rules in accordance with chapter 34.05 RCW;

(((2))) (b) May investigate any entity the board reasonably believes to be subject to the jurisdiction of this chapter. In connection with the investigation, the board may administer oaths and affirmations, issue subpoenas and compel attendance, take evidence, and require the production of any books, papers, correspondence, memorandums, or other records which the board deems relevant or material to the investigation. The board, including its staff and any other authorized persons, may conduct site inspections and examine records of all institutions subject to this chapter;

(((3))) (c) Shall develop an interagency agreement with the work force training and education coordinating board to regulate degree-granting private vocational schools with respect to degree and nondegree programs.

(2) Financial disclosures provided to the board by degree-granting private vocational schools are not subject to public disclosure under chapter 42.17 RCW.

Sec. 2. RCW 42.17.310 and 1995 c 267 s 6 are each amended to read as follows:

(1) The following are exempt from public inspection and copying:

(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.

(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.

(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.

(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.

(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.

(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.

(h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.

(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.

(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.

(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.

(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.

(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.

(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW.

(p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.

(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.

(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.

(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.

(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.

(u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.

(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers.

(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.140 maintained in the files of the department shall automatically be withheld from public inspection and copying if the provider has provided the department with an accurate alternative or business address and telephone number.

(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.

(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.

(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.

(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.

(bb) Financial and valuable trade information under RCW 51.36.120.

(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.

(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.

(ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.

(ff) Business related information protected from public inspection and copying under RCW 15.86.110.

(gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.

(hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510, regardless of which agency is in possession of the information and documents.

(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.

Sec. 3. RCW 28B.15.558 and 1992 c 231 s 20 are each amended to read as follows:

(1) The governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges may waive all or a portion of the tuition and services and activities fees for state employees as defined under subsection (2) of this section pursuant to the following conditions:

(a) Such state employees shall register for and be enrolled in courses on a space available basis and no new course sections shall be created as a result of the registration;

(b) Enrollment information on state employees registered pursuant to this section shall be maintained separately from other enrollment information and shall not be included in official enrollment reports, nor shall such state employees be considered in any enrollment statistics which would affect budgetary determinations; and

(c) State employees registering on a space available basis shall be charged a registration fee of not less than five dollars.

(2) For the purposes of this section, "state employees" means permanent ((full-time)) employees employed half-time or more in classified service under chapter((s 28B.16 and)) 41.06 RCW; permanent employees employed half-time or more who are governed by chapter 41.56 RCW pursuant to the exercise of the option under RCW 41.56.201; permanent classified employees and exempt paraprofessional employees of technical colleges employed half-time or more; and nonacademic employees and members of the faculties and instructional staff employed half-time or more at institutions of higher education as defined in RCW 28B.10.016.

NEW SECTION. Sec. 4. Section 3 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.

NEW SECTION. Sec. 5. 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."

On page 1, line 2 of the title, after "board;" strike the remainder of the title and insert "amending RCW 28B.85.020, 42.17.310, and 28B.15.558; and declaring an emergency.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Bauer, the Senate concurred in the House amendments to Senate Bill No. 6174.

The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6174, as amended by the House.

ROLL CALL

The Secretary called the roll on the final passage of Senate Bill No. 6174, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

SENATE BILL NO. 6174, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the President advanced the Senate to the sixth order of business.

SECOND READING

SENATE BILL NO. 6137, by Senators Kohl, Long, Hargrove, Pelz, Thibaudeau, Rasmussen, Spanel, Snyder, Fraser, Wojahn, Heavey, Bauer, Quigley and McAuliffe

Providing tax credits as an incentive for employer-sponsored child care benefits.

MOTIONS

On motion of Senator Rinehart, Substitute Senate Bill No. 6137 was substituted for Senate Bill No. 6137 and the substitute bill was

placed on second reading and read the second time.

On motion of Senator Rinehart, the rules were suspended, Substitute Senate Bill No. 6137 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

On motion of Senator Rinehart, and there being no objection, further consideration of Substitute Senate Bill No. 6137 was deferred.

SECOND READING

SECOND SUBSTITUTE HOUSE BILL NO. 2856, by House Committee on Appropriations (originally sponsored by Representatives Cooke, D. Schmidt, Wolfe, Reams, Tokuda, Chopp, Stevens, Costa, Mulliken, Hymes, Hatfield, Silver, Scheuerman, Kessler, Conway and Cole) (by request of Governor Lowry)

Establishing the office of the child, youth, and family ombudsman.

The bill was read the second time.

MOTIONS

On motion of Senator Hargrove, the following Committee on Ways and Means amendment was adopted:

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;

(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 motion of Senator Hargrove, the following title amendment was adopted:

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."

MOTION

On motion of Senator Rinehart, the rules were suspended, Second Substitute House Bill No. 2856, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 2856, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute House Bill No. 2856, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

SECOND SUBSTITUTE HOUSE BILL NO. 2856, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the President advanced the Senate to the seventh order of business.

There being no objection, the Senate resumed consideration of Substitute Senate Bill No. 6137, deferred on third reading earlier today.

MOTIONS

On motion of Senator Hargrove, the rules were suspended, Substitute Senate Bill No. 6137 was returned to second reading and read the second time.

On motion of Senator Hargrove, the following amendment by Senators Rinehart and Hargrove was adopted:

On page 2, beginning on line 27, after "employees" strike all material through "department" on line 31

MOTION

On motion of Senator Hargrove, Engrossed Substitute Senate Bill No. 6137, under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6137, under suspension of the rules.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6137, under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

ENGROSSED SUBSTITUTE SENATE BILL NO. 6137, under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the President reverted the Senate to the fifth order of business.

INTRODUCTION AND FIRST READING

SCR 8435 by Senators Drew, Snyder, Oke, Hargrove, Owen, Rinehart and Bauer

Requesting an Attorney General's opinion concerning trust lands.

HOLD.

INTRODUCTION AND FIRST READING OF HOUSE BILLS

EHCR 4426 by Representatives D. Schmidt, Cooke McMorris, Rust and B. Thomas

Establishing the commission on county services and resources.

HOLD.

EHCR 4427 by Representative Foreman

Exempting specified bills from cutoff dates.

HOLD.

MOTION

On motion of Senator Spanel, the rules were suspended, Senate Concurrent Resolution No. 8435, Engrossed House Concurrent Resolution No. 4426 and Engrossed House Concurrent Resolution No. 4427 were advanced to second reading and placed on the second reading calendar.

There being no objection, the President advanced the Senate to the sixth order of business.

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 concurrent resolution was read the second time.

MOTION

Senator Drew moved that the rules be suspended and Senate Concurrent Resolution No. 8435 be advanced to third reading, the second reading considered the third and the concurrent resolution be adopted.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Drew to suspend the rules and advance Senate Concurrent Resolution No. 8435 to third reading.

The motion by Senator Drew carried and Senate Concurrent Resolution No. 8435 was advanced to third reading and final passage and adopted.

SENATE CONCURRENT RESOLUTION NO. 8435 was adopted by voice vote.

There being no objection, the President returned the Senate to the fourth order of business.

MESSAGE FROM THE HOUSE

March 7, 1996

MR. PRESIDENT:

The House insists on its position regarding the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2875 and again asks the Senate to recede therefrom, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Fraser, the rules were suspended, Engrossed Substitute House Bill No. 2875 was returned to second reading and read the second time.

MOTION

Senator Fraser moved that the following amendment by Senators Fraser and Swecker be adopted:

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;

(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

(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;

(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."

Debate ensued.

The President declared the question before the Senate to be the adoption of the striking amendment by Senators Fraser and Swecker to Engrossed Substitute House Bill No. 2875, on reconsideration.

The motion by Senator Fraser carried and the striking amendment was adopted.

MOTIONS

On motion of Senator Fraser, the following title amendment was adopted:

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."

On motion of Senator Fraser, Engrossed Substitute House Bill No. 2875, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2875, as amended by the Senate under suspension of the rules.

ROLL CALL

The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2875, as amended by the Senate, under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 7; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 42.

Voting nay: Senators Cantu, McCaslin, Morton, Roach, Schow, Sellar and Zarelli - 7.

ENGROSSED SUBSTITUTE HOUSE BILL NO. 2875, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the President advanced the Senate to the sixth order of business.

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENT

MOTION

On motion of Senator Drew, Gubernatorial Appointment No. 9183, Roger J. Contor, as a member of the Fish and Wildlife Commission, was confirmed.

Senators Drew, Oke, Roach, Morton, Owen, Hargrove and Snyder spoke to the confirmation of Roger J. Contor, as a member of the Fish and Wildlife Commission.

APPOINTMENT OF ROGER J. CONTOR

The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 36; Nays, 13; Absent, 0; Excused, 0.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, Moyer, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Thibaudeau, West, Winsley, Wojahn and Wood - 36.

Voting nay: Senators Anderson, A., Johnson, McDonald, Morton, Newhouse, Oke, Roach, Schow, Sellar, Strannigan, Sutherland, Swecker and Zarelli - 13.

MOTION

On motion of Senator Spanel, the Senate advanced to the eighth order of business.

EDITOR'S NOTE: The following transpired before honoring President Joel Pritchard on his retirement:

MOTION

Senator Pelz moved that the following resolution be adopted:

SENATE RESOLUTION 96

By Senator Pelz

WHEREAS, corporate downsizing has pitted sections of workers against one another; and

WHEREAS, all thinking persons should support the struggles of all oppressed peoples against the bureaucratic ruling class; and

WHEREAS, stagnant wages are leading us inexorably toward a society of "haves" and "have nots;:" and

WHEREAS, certain candidates for high office are now resorting to jingoistic appeals to frighten working families to favor economic isolationism and cultural imperialism; and

WHEREAS, only mass struggles by working people can destroy the current system of oppression and exploitation;

NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington recognizes the plight of Washington's poor and working familIes and will do everything in its power to right the wrongs they have suffered.

REMARKS BY SENATOR PELZ

Senator Pelz: "Thank you, Mr. President, and members of the Senate. I apologize, I think my staff might have gotten a little out of hand in drafting this resolution, but I, I--. Excuse me, Senator, could I speak to my resolution?"

President Pritchard: "The Senator is speaking; for what purpose are you interrupting?"

Senator Pelz: "Could I continue?"

President Pritchard: "Just stay out of it. Now just a second."

Senator West: "A point of order, Mr. President."

President Pritchard: "Are you raising a point of order?"

Senator West: "A point of order."

President Pritchard: "Senator Pelz, go ahead."

Senator Pelz: "It is no secret that working families are disappointed with government these days."

President Pritchard: "All right, just a minute, he raised--"

Senator Pelz: "And I think we know why."

President Pritchard: "He is raising a point of order. State your point of order."

Senator West: "Mr. President, first of all, I can't believe this left-winged pinko is going to talk about this liberal nonsense."

President Pritchard: "Oh---, come on now."

Senator West: "Mr. President, I invoke Rule No. 20 which insists--Mr. President Rule No. 20 says that a floor resolution has to be on the floor twenty-four hours and this left-winged pinko didn't bring his resolution out here. I can't believe it."

Senator Prentice: "A point of order."

President Pritchard: "Just a minute. Everybody hold up just for a minute here."

Senator Prentice: "Mr. President."

President Pritchard: "Just hold up--just hold up. Now, everybody just hold up here for a minute."

Senator Prentice: "All right."

President Pritchard: "Senator Prentice."

Senator Prentice: "Thank you, Mr. President. Senator West is impugning Senator's Pelz's motives. We may disagree with each other in this body and we frequently do, but we can do it with civility. We must never impugn each other's motives. Senator West is to be admonished--admonished--for his actions and I demand that Senator West know of our disapproval of his words."

President Pritchard: "All right, let's see. Senator, are you going to get into this? Senator Heavey, I--"

Senator Heavey: "Thank you, Mr. President."

President Pritchard: "All right, go ahead."

Senator Heavey: "Senate Rule 7, Conduct of members says, 'indecorous conduct, boisterous or unbecoming language shall not be permitted in the Senate at any time. In cases of such breach of decorum, any Senator shall be liable to such censure or punishment as the Senate may deem proper.' With that, Mr. President, I move the expulsion of Senator West for the remainder of the session."

Senator Johnson: "Mr. President--"

President Pritchard: "Senator Johnson raises a point of order."

Senator Johnson: "A point of order, Mr. President. I demand, under Reed's Rule 225 that the President require that order be restored in this Chamber and if necessary mete out punishment under Reed's Rule 226."

President Pritchard: "That's under Reed's, but not ours."

Senator Quigley: "Mr. President, Rule 30 clearly states that Senator Heavey--"

President Pritchard: "Just a minute--just hold up one minute. I want to make an observation. I don't know if this is a plot, but--please---everybody--now just hold up. What was so bad is that I turned to see where my lawyers were and they both walked out and then to replace them came Ralph Munro. Senator Anderson."

Senator Anderson: "I was just about to try and clear up the confusion on the floor. I think the reader was reading the wrong Senate Resolution, so on your desks should be Senate Resolution 1996-8716 and Marty if you would like to read that, I think it will clear up this confusion."

President Pritchard: "Last line."

Secretary Marty Brown: "I have higher orders, Sir."

SENATE RESOLUTION 1996-8716

By Senators Snyder, McDonald, Loveland, Sellar, Anderson, Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, McAuliffe, McCaslin, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli

WHEREAS, Lt. Governor Joel Pritchard was elected Washington's fourteenth Lieutenant Governor in 1988; and

WHEREAS, He handily won re-election to that position in 1992, defeating three other candidates, including "Absolutely Nobody"; and

WHEREAS, Lt. Governor Pritchard has decided not to seek a third term as Lieutenant Governor, due to his desire to abide by the spirit of the term limits law; and

WHEREAS, He has been one of our state's most popular politicians and the citizens of Washington State undoubtedly would elect him as long as he wanted to serve; and

WHEREAS, Lt. Governor Pritchard has served as presiding officer of the Senate and chair of the Rules Committee with integrity, good humor, and fairness for eight years, and this will be his last session as President of the Senate; and

WHEREAS, He has used the prestige of the Lieutenant Governor's office to champion notable causes such as literacy programs, education reform, and the anti-deficit Concord Coalition; and

WHEREAS, Lt. Governor Pritchard has served more than a year, 375 days to be exact, as Governor of the State of Washington, as provided by our State Constitution; and

WHEREAS, Lt. Governor Pritchard also has served the citizens of Washington State with honor and distinction in other important capacities: In the State Legislature from 1958 to 1970; the United States Congress from 1972 to 1984; and as a United States Delegate to the General Assembly of the United Nations in 1983; and

WHEREAS, Throughout his career, Lt. Governor Pritchard has been known for his honesty and ability to work with others, thereby earning him the respect and praise of people across party lines; and

WHEREAS, "All right" and "unraveling the gavel" have, under Lt. Governor Pritchard's watch, become an all too familiar part of parliamentary procedure in the Washington State Senate; and

WHEREAS, Thanks to Governor Pritchard, we remain in doubt as to whether it is Gloria Die or Gloria Day Lutheran Church here in Olympia; and

WHEREAS, We will miss the Governor's distinctive Seattle accent as he calls upon Senators Finkbinder, Tibadoo, Farly, Rineholt, Swyker, and Stranahan; and

WHEREAS, Under Governor Pritchard's gavel, the Senate now refuses to insist on its position and requests the House to grant the request for a concurrence; and

WHEREAS, Questions have been raised about whether any useful work is being accomplished at the rostrum, after hearing the Lt. Governor explain to the galleries: "we're glad you came to visit us, but all the real work is being done in the committees"; and

WHEREAS, Governor Pritchard regularly proves the maxim that consistency is the hobgoblin of little minds especially when the Senate confirms gubernatorial appointments since the Senate has "adopted the nominee," the appointees have been "passed and confirmed" and some individuals have been sent to their "final confirmation"; and

WHEREAS, During the Lt. Governor's tenure as presiding officer the Senate has convened promptly between 10:05 and 10:13 a.m.; and

WHEREAS, Despite, or perhaps because of all this, Lt. Governor Pritchard will be sorely missed by the members and staff of the Washington State Legislature;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate thanks Lt. Governor Pritchard for his friendship and years of dedicated public service;

BE IT FURTHER RESOLVED, That the Senate wishes him well as he completes his last year as Lieutenant Governor and begins his retirement, likely to pursue more travel and tennis, his sport of choice; and

BE IT FURTHER RESOLVED, That the Secretary of the Senate be directed to present a copy of this resolution to Lt. Governor Joel Pritchard.

MOTION BY SENATOR SNYDER

Senator Snyder: "Thank you, Mr. President. I move the adoption of the resolution."

President Pritchard: "Senator Snyder."

Senator Snyder: "I could have moved to lay it on the table. Well, thank you, Mr. President. You know I had the privilege of being the Assistant Chief Clerk in the House of Representatives when Lieutenant Governor Pritchard first came to the Legislature. He came in with quite a class. I just went to the little red book and picked out some of the people that he came in with as freshman in 1959--Norm Ackley, who later became a King County Superior Court Judge; Jimmy Anderson, who later moved over to the Senate and was an Appellate Judge and a member of the Supreme Court; Dan Brink, who is an outstanding attorney in Seattle; Paul Conner, who served many years here in the Senate after he left the House.

"Another freshman that is still serving well in public office is Slade Gorton who was in that class of fifty-nine; Don Moos, who was later a Director of Ag and the Director of Fisheries for the state of Washington; Sam Smith, who we all know served many years on the King County Council. Wes Uhlman was a freshman, one of the twenty-three, that session and spent, I think, eight years as Mayor of Seattle and came within a whisker of winning the nomination in 1976 for Governor.

"There were some other people that were there that arrived a little sooner. Frank Brouillet, who we all know was our Superintendent of Public Instruction; Fred Dore, who became a Supreme Court Justice; Don Eldridge moved up to Speaker and over to the Liquor Board; Dan Evans, we all know his career as Governor and United States Senator; Julia Butler Hansen was a member that had been around for a number of years at that time, who went to Congress; Mike McCormack was a member who had been there for a couple of years and went on to Congress; John O'Brien was the Speaker and served many years; Len Sawyer was a member and later became the Speaker; and then there are all the other people--the Maurie Ahlquists and the Art Aveys and the Tom Copelands, and I could go down the line--and also one of our distinguished colleagues, Senator Prince, who was an employee of the Bill Room.

"In those days, the Bill Room was right off the House Floor and we were all a big part of the process, because members didn't have offices in those days and the office was the desk on the floor. All the committee rooms were up on the fourth floor and it was a very tight, close, group of people. Any evening, there would be anywhere from fifteen to fifty members on the floor. It was your office and you had your bill books and you had your correspondence and all of it. I think people were much closer in those days and I know I got to know Lieutenant Governor Pritchard and I certainly consider myself a close friend and have a lot of admiration for him.

"We have mixed emotions about seeing you leave and we certainly wish you well in your future endeavors and you can be proud of your multitude of accomplishments over the years and God Speed."

President Pritchard: "Thank you. Thank you. Senator McDonald."

REMARKS BY SENATOR McDONALD

Senator McDonald: "Mr. President, I think it is really symbolic that we can pause here after Senator Pelz's outrageous outburst and Senator West's calm and reasonable rebuttal to that outburst--and have a reflection with you. You have given us stability over the years, not only in this body, but in Congress and everything that you have touched. You have been a man of class; you have been a man of reason; you have been a friend; you have been a great raconteur; and we are going to miss all of those, but we will see you in many other ways. Thank you for your service."

President Pritchard: "Oh, thank you. Senator Hargrove."

REMARKS BY SENATOR HARGROVE

Senator Hargrove: "Well, I will be very brief. There are two reasons for rising and is one to thank you for your patience for all my shenanigans over the last four years and also to show you I can button my collar."

President Pritchard: "Senator Owen."

REMARKS BY SENATOR OWEN

Senator Owen: "Thank you, Mr. President, I just wanted to move that all members names be added--I think I'm pretty safe in this motion--that all member's names be added to the resolution and the response is 'hearing no objection, so ordered,' just in case--"

President Pritchard: "You never know; you may be here, you know. Senator McCaslin."

REMARKS BY SENATOR McCASLIN

Senator McCaslin: "Mr. President, I see that when Senator Snyder spoke he waived the three minute rule. Obviously, if they are complimenting you, it is okay to talk ten minutes. I just wonder--you know I am always asking you about parliamentary inquiries. When you gaveled Senator West when he called Senator Pelz a pinko commie, were you adopting that--and is he a pinko commie or just a regular guy?

"Mr. President, I've loved your ungaveling and your gaveling and keeping me on my toes. We are going to miss you, Mr. President, and as Senator Snyder said, 'God Speed to you,' and God Bless you."

President Pritchard: "Wait a minute, how do we get out of this? My question is, how do we get out of this? Wait a minute, I'm being--oh all right. Ralph Munro."

REMARKS BY SECRETARY OF STATE RALPH MUNRO

Secretary of State Ralph Munro: "This breaks all the rules, but I must say that when I was about seven years old on the west side of Bainbridge Island, one day there was a very high tide and a lot of boats drifted away from peoples' homes and there was a beautiful run-about that came by our place. My dad said, 'Why don't you row out and pull that in,' and I did. We had it tied up there and this wonderful gentlemen came down the road looking for his boat and it was Joel's dad. Joel's dad was a very fine man who was a summer-time neighbor of ours on the west side of Bainbridge. He gave me a ten dollar bill as a reward. I don't think I had ever seen a ten dollar bill--still have it, that's right--and later on in life as I got interested in politics, my father always told me, 'You stick with those Pritchard boys and you will do just fine.' We've been life-time friends and Joel I can't thank you enough for the wonderful job you have done."

President Pritchard: "Thank you."

REMARKS BY GOVERNOR MIKE LOWRY

Governor Mike Lowry: "Thank you. As Governor of the state of Washington, I am confident that I am speaking for every person in the state of Washington when I say, 'Thank you, Joel Pritchard, for your outstanding public service--in Congress, in the Legislature and as Lieutenant Governor.' Few, if any, have brought such a commitment to the general good of all people in the state of Washington. So, as Governor, I am going to say, 'Thank you very much.'

"Now, there is something else I want to do. I am going to call for the vote on this resolution. This may be one of the few times I have any control of this body. The memorial that is before us is the Resolution on Lieutenant Governor Joel Pritchard. All in favor, say, 'Aye.'

Members of the Senate: "Aye."

Governor Lowry: "Those opposed--it is unanimous."

President Pritchard: "If I would have known this, I would have worn a white shirt."

Senator Snyder: "Blue is supposed to look better on television."

Senators Snyder and McDonald presented the President with a framed picture of the Washington State Capitol and campus.

REMARKS BY SENATOR SNYDER

Senator Snyder: "Well Joel, on behalf of all the members of the Senate, we want to present you with a little memento that might remind you of all the good times and make you forget any of the bad times, if you had any."

President Pritchard: "Not many. Thank you very much. Now, what do we do Marty--how do we get out of this? Thank you, very much. What do we do? Well, it just says some nice things. All right, we've got some things--we have to get on and get us out of here."

Senator Snyder: "Mr. President, I move that the three minute rule be waived for your response."

REMARKS BY PRESIDENT PRITCHARD

President Pritchard: "I don't think I can. I don't remember of ever being speechless, but is one time when I am. I'm very moved and touched and I think I will just leave it at that. Hopefully, I will see all of you individually and thank you. It has been a rare experience for me, so I'm just not going to make it, so I am going to go on. What do we do, Marty?"

The Senate stood and applauded President Joel Pritchard.

President Pritchard: "We've got to get out of here."

MOTION

At 6:59 p.m., on motion of Senator Spanel, the Senate was declared to be at ease.

The Senate was called to order at 8:40 p.m. by President Pritchard.

There being no objection, the President returned the Senate to the fourth order of business.

MESSAGES FROM THE HOUSE

March 7, 1996

MR. PRESIDENT:

The House passed:

SENATE BILL NO. 6401,

SENATE BILL NO. 6526, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 7, 1996

MR. PRESIDENT:

The Speaker has signed:

SECOND SUBSTITUTE SENATE BILL NO. 5053,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6211,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6251,

SENATE BILL NO. 6339,

ENGROSSED SUBSTITUTE SENATE BILL NO. 6392, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 7, 1996

MR. PRESIDENT:

The Speaker has signed:

HOUSE BILL NO. 1339,

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.

TIMOTHY A. MARTIN, Chief Clerk

March 7. 1996

MR. PRESIDENT:

The House receded from its amendment(s) to SUBSTITUTE SENATE BILL NO. 6430 and passed the bill without the House amendment(s), and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

March 7. 1996

MR. PRESIDENT:

The House concurred in the Senate amendment(s) to HOUSE BILL NO. 2341 and passed the bill as amended by the Senate.

TIMOTHY A. MARTIN, Chief Clerk

March 7. 1996

MR. PRESIDENT:

The House concurred in the Senate amendment(s) to the following House Bills and passed the bills as amended by the Senate:

SUBSTITUTE HOUSE BILL NO. 2386,

SUBSTITUTE HOUSE BILL NO. 2533.

TIMOTHY A. MARTIN, Chief Clerk

March 7. 1996

MR. PRESIDENT:

The House concurred in the Senate amendment(s) to HOUSE BILL NO. 2567 and passed the bill as amended by the Senate.

TIMOTHY A. MARTIN, Chief Clerk

March 7. 1996

MR. PRESIDENT:

The House concurred in the Senate amendment(s) to SECOND SUBSTIUTE HOUSE BILL NO. 2856 and passed the bill as amended by the Senate.

TIMOTHY A. MARTIN, Chief Clerk

SIGNED BY THE PRESIDENT

The President signed:

HOUSE BILL NO. 1339,

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.

There being no objection, the President advanced the Senate to the sixth order of business.

SECOND READING

SENATE BILL NO. 6510, 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.

MOTIONS

On motion of Senator Loveland, Substitute Senate Bill No. 6510 was substituted for Senate Bill No. 6510 and the substitute bill was

placed on second reading and read the second time.

On motion of Senator Snyder, the rules were suspended, Substitute Senate Bill No. 6510 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

Debate ensued.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6510.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6510 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

Absent: Senators Anderson, A. and Sellar - 2.

SUBSTITUTE SENATE BILL NO. 6510, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6656, 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.

MOTIONS

On motion of Senator Rinehart, Substitute Senate Bill No. 6656 was substituted for Senate Bill No. 6656 and the substitute bill was

placed on second reading and read the second time.

On motion of Senator Rinehart, the rules were suspended, Substitute Senate Bill No. 6656 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6656.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6656 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 1; Excused, 0.

Voting yea: Senators Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

Voting nay: Senator Fairley - 1.

Absent: Senator Anderson, A. - 1.

SUBSTITUTE SENATE BILL NO. 6656, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SUBSTITUTE HOUSE BILL NO. 2708, by House Committee on Finance (originally sponsored by Representatives Sheldon, Schoesler, Hatfield, Van Luven, B. Thomas, Silver, D. Schmidt, Cairnes, Cooke and Johnson)

Requiring a warehouse tax study.

The bill was read the second time.

MOTIONS

On motion of Senator Rinehart, the following Committee on Ways and Means amendment was adopted:

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;

(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 motion of Senator Rinehart, the following title amendment was adopted:

On page 1, line 2 of the title, after "activity;" strike the remainder of the title and insert "and creating new sections."

MOTION

On motion of Senator Rinehart, the rules were suspended, Substitute House Bill No. 2708, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2708, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Substitute House Bill No. 2708, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

Absent: Senators Newhouse and Strannigan - 2.

SUBSTITUTE HOUSE BILL NO. 2708, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 2337, by Representatives Schoesler, Sheldon, Foreman, Grant, Sheahan, Mastin, Honeyford, Basich, Johnson and Mulliken

Defining distressed county designation.

The bill was read the second time.

MOTIONS

On motion of Senator Rinehart, the following Committee on Ways and Means amendment was adopted:

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.

(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.

(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 motion of Senator Rinehart, the following title amendment was adopted:

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."

MOTION

On motion of Senator Rinehart, the rules were suspended, House Bill No. 2337, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2337, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2337, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

Voting nay: Senator Finkbeiner - 1.

HOUSE BILL NO. 2337, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

HOUSE BILL NO. 2290, by Representatives Honeyford, Patterson, Lisk, Clements, Hankins, B. Thomas, Mulliken, McMahan, Thompson, Hargrove and Boldt

Exempting construction of wind energy and solar electric generating facilities from sales and use tax.

The bill was read the second time.

MOTIONS

On motion of Senator Sutherland, the following Committee on Energy, Telecommunications and Utilities amendments were considered simultaneously and adopted:

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)"

. On motion of Senator Sutherland, the rules were suspended, House Bill No. 2290, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2290, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2290, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.

HOUSE BILL NO. 2290, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MOTION

On motion of Senator Wood, Senator Strannigan was excused.

SECOND READING

HOUSE BILL NO. 2190, by Representatives Dyer and B. Thomas

Exempting railroad associations from certain fees.

The bill was read the second time.

MOTION

On motion of Senator Rinehart, the rules were suspended, House Bill No. 2190 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 2190.

ROLL CALL

The Secretary called the roll on the final passage of House Bill No. 2190 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

Excused: Senator Strannigan - 1.

HOUSE BILL NO. 2190, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SECOND SUBSTITUTE HOUSE BILL NO. 2031, by House Committee on Transportation (originally sponsored by Representative K. Schmidt)

Eliminating the authority to impose storm water facility charges for state highway rights of way.

The bill was read the second time.

MOTIONS

On motion of Senator Owen, the following Committee on Transportation amendment was adopted:

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."

On motion of Senator Owen, the following title amendment was adopted:

On 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."

MOTION

On motion of Senator Owen, the rules were suspended, Second Substitute House Bill No. 2031, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 2031, as amended by the Senate.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute House Bill No. 2031, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48.

Excused: Senator Strannigan - 1.

SECOND SUBSTITUTE HOUSE BILL NO. 2031, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

SENATE BILL NO. 6382, by Senators Hochstatter, Rasmussen, Morton and Roach

Lowering the business and occupation taxation of the handling of hay, alfalfa, or seed.

MOTIONS

On motion of Senator Rinehart, Second Substitute Senate Bill No. 6382 was substituted for Senate Bill No. 6382 and the second substitute bill was placed on second reading and read the second time.

On motion of Senator Rinehart, the rules were suspended, Second Substitute Senate Bill No. 6382 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

Senator Heavey: "Senator Rinehart, could you explain the difference between a cube and a rectangle on the alfalfa?"

Senator Rinehart: "Yes, I could."

The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 6382.

ROLL CALL

The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 6382, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 48.

Voting nay: Senator Wojahn - 1.

SECOND SUBSTITUTE SENATE BILL NO. 6382, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

There being no objection, the President returned the Senate to the fourth order of business.

MESSAGE FROM THE HOUSE

March 7, 1996

MR. PRESIDENT:

Under suspension of the rules, SUBSTITUTE SENATE BILL NO. 6637 was returned to second reading for purpose of amendment(s). The following amendment was adopted and the bill passed the House as amended:

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.

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.

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.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

Senator Haugen moves that the Senate do concur in the House amendment to Substitute Senate Bill No. 6637.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Haugen that the Senate do concur in the House amendment to Substitute Senate Bill No. 6637.

The motion by Senator Haugen carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 6637.

The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6637, as amended by the House.

Debate ensued.

ROLL CALL

The Secretary called the roll on the final passage of Substitute Senate Bill No. 6637, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 8; Absent, 0; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Hochstatter, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wood and Zarelli - 41.

Voting nay: Senators Drew, Fairley, Fraser, Heavey, Kohl, Pelz, Thibaudeau and Wojahn - 8.

SUBSTITUTE SENATE BILL NO. 6637, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

EDITOR'S NOTE: The House relieved the Conference Committee of further consideration of Engrossed Second Substitute Senate Bill No. 6705 and amended the bill as follows:

MESSAGE FROM THE HOUSE

March 7, 1996

MR. PRESIDENT:

The House has passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6705 with the following amendment(s):

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

(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;

(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

(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;

(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

(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

(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.", and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

Senator Bauer moved that the Senate do concur in the House amendments to Engrossed Second Substitute Senate Bill No. 6705.

Debate ensued.

The President declared the question before the Senate to be the motion by Senator Bauer that the Senate do concur in the House amendments to Engrossed Second Substitute Senate Bill No. 6705.

The motion by Senator Bauer carried and the Senate concurred in the House amendments to Engrossed Second Substitute Senate Bill No. 6705.

The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6705, as amended by the House.

ROLL CALL

The Secretary 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 Senate by the following vote: Yeas, 47; Nays, 1; Absent, 1; Excused, 0.

Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47.

Voting nay: Senator McCaslin - 1.

Absent: Senator Hargrove - 1.

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6705, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

MESSAGE FROM THE HOUSE

March 7, 1996

MR. PRESIDENT:

The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2875 and passed the bill as amended by the Senate.

TIMOTHY A. MARTIN, Chief Clerk

MOTION

On motion of Senator Bauer, the Conference Committee was relieved of further consideration of Engrossed Second Substitute House Bill No. 2222.

MOTIONS

On motion of Senator Bauer, the rules were suspended, Engrossed Second Substitute House Bill No. 2222 was returned to second reading and read the second time.

Senator Bauer moved that the following amendment by Senators Strannigan and Bauer be adopted:

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;

(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: