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NINETY-SECOND DAY
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MORNING SESSION
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Senate Chamber, Olympia, Monday, April 14, 1997
The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Goings, Hargrove, Horn, Long, McDonald, Patterson, Rasmussen, Schow, West and Wojahn. On motion of Senator Hale, Senators Horn, Long and Schow were excused. On motion of Senator Franklin, Senators Goings, Patterson, Rasmussen and Wojahn were excused.
The Sergeant at Arms Color Guard, consisting of Pages Matthew Ahe and Corinne Anderson, presented the Colors. Reverend Tammy Leiter, pastor of the Westminster Presbyterian Church of Olympia, offered the prayer.
MOTION
On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORT OF STANDING COMMITTEE
GUBERNATORIAL APPOINTMENT
April 11, 1997
GA 9168 CAPTAIN IOANNIS (JOHN) A. KARAKOULAKIS, reappointed January 28, 1997, for a term ending December 26, 1999, as a member of the Board of Pilotage Commissioners.
Reported by Committee on Transportation
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Prince, Chair; Wood, Vice Chair; Goings, Haugen, Heavey, Horn, Jacobsen, Patterson, Prentice, Rasmussen and Sellar.
Passed to Committee on Rules for second reading.
MESSAGES FROM THE HOUSE
April 11, 1997
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE SENATE BILL NO. 5060,
SUBSTITUTE SENATE BILL NO. 5112,
SUBSTITUTE SENATE BILL NO. 5118,
SENATE BILL NO. 5140,
SENATE BILL NO. 5155,
SUBSTITUTE SENATE BILL NO. 5191,
ENGROSSED SENATE BILL NO. 5220,
SENATE BILL NO. 5221,
SENATE BILL NO. 5243,
SUBSTITUTE SENATE BILL NO. 5290,
SUBSTITUTE SENATE BILL NO. 5360,
SENATE BILL NO. 5380,
SENATE BILL NO. 5422,
SENATE BILL NO. 5448,
SUBSTITUTE SENATE BILL NO. 5470,
SENATE BILL NO. 5486,
SENATE BILL NO. 5507,
SUBSTITUTE SENATE BILL NO. 5513,
SUBSTITUTE SENATE BILL NO. 5529,
SUBSTITUTE SENATE BILL NO. 5560,
SUBSTITUTE SENATE BILL NO. 5562,
SENATE BILL NO. 5603,
SUBSTITUTE SENATE BILL NO. 5621,
SENATE BILL NO. 5626,
SENATE BILL NO. 5642,
SUBSTITUTE SENATE BILL NO. 5653,
ENGROSSED SENATE BILL NO. 5657,
SENATE JOINT MEMORIAL NO. 8009, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 11, 1997
MR. PRESIDENT:
The Speaker has signed:
HOUSE BILL NO. 1002,
SUBSTITUTE HOUSE BILL NO. 1003,
SUBSTITUTE HOUSE BILL NO. 1010,
HOUSE BILL NO. 1023,
HOUSE BILL NO. 1066,
HOUSE BILL NO. 1067,
SUBSTITUTE HOUSE BILL NO. 1200,
SUBSTITUTE HOUSE BILL NO. 1271,
HOUSE BILL NO. 1278,
HOUSE BILL NO. 1300,
SUBSTITUTE HOUSE BILL NO. 1393,
SUBSTITUTE HOUSE BILL NO. 1550,
HOUSE BILL NO. 1573,
HOUSE BILL NO. 1636,
SUBSTITUTE HOUSE BILL NO. 1887,
SUBSTITUTE HOUSE BILL NO. 1930,
HOUSE BILL NO. 2040,
HOUSE BILL NO. 2098,
ENGROSSED HOUSE BILL NO. 2142, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
HOUSE BILL NO. 1002,
SUBSTITUTE HOUSE BILL NO. 1003,
SUBSTITUTE HOUSE BILL NO. 1010,
HOUSE BILL NO. 1023,
HOUSE BILL NO. 1066,
HOUSE BILL NO. 1067,
SUBSTITUTE HOUSE BILL NO. 1200,
SUBSTITUTE HOUSE BILL NO. 1271,
HOUSE BILL NO. 1278,
HOUSE BILL NO. 1300,
SUBSTITUTE HOUSE BILL NO. 1393,
SUBSTITUTE HOUSE BILL NO. 1550,
HOUSE BILL NO. 1573,
HOUSE BILL NO. 1636,
SUBSTITUTE HOUSE BILL NO. 1887,
SUBSTITUTE HOUSE BILL NO. 1930,
HOUSE BILL NO. 2040,
HOUSE BILL NO. 2098,
ENGROSSED HOUSE BILL NO. 2142.
SECOND READING
GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Wood, Gubernatorial Appointment No. 9230, Edith L. Nelson, as a member of the Board of Trustees for Shoreline Community College District No. 7, was confirmed.
APPOINTMENT OF EDITH L. NELSON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 3; Excused, 7.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Hale, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prentice, Prince, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wood and Zarelli - 39. Absent: Senators Hargrove, McDonald and West - 3. Excused: Senators Goings, Horn, Long, Patterson, Rasmussen, Schow and Wojahn - 7.
MOTION
On motion of Senator Hale, Senators McDonald and West were excused.
MOTION
On motion of Senator Hochstatter, Gubernatorial Appointment No. 9200, Carin S. Schienberg, as a member of the Board of Trustees for the State School for the Deaf, was confirmed.
APPOINTMENT OF CARIN S. SCHIENBERG
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 40; Nays, 0; Absent, 1; Excused, 8.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prentice, Prince, Roach, Rossi, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wood and Zarelli - 40. Absent: Senator Sellar - 1. Excused: Senators Goings, Horn, McDonald, Patterson, Rasmussen, Schow, West and Wojahn - 8.
MOTION
On motion of Senator Winsley, Gubernatorial Appointment No. 9181, Robert D. McVicars, as a member of the Housing Finance Commission, was confirmed.
MOTION
On motion of Senator Hale, Senator Sellar was excused.
APPOINTMENT OF ROBERT D. McVICARS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 0; Excused, 7.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wood and Zarelli - 42. Excused: Senators Horn, McDonald, Patterson, Schow, Sellar, West and Wojahn - 7.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1770, by House Committee on Natural Resources (originally sponsored by Representatives Alexander, Linville, Hatfield, Anderson, Doumit, Buck, Chandler and Kessler)
Setting the fee for the transfer of Dungeness crab--coastal fishery licenses.
The bill was read the second time.
MOTIONS
On motion of Senator Oke, the following Committee on Natural Resources and Parks amendment was adopted:
On page 4, line 9, after "fishery" insert "license" On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 1770, as amended by the Senate, 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 House Bill No. 1770, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1770, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 0; Absent, 1; Excused, 6.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, Winsley, Wood and Zarelli - 42. Absent: Senator Deccio - 1. Excused: Senators Horn, Patterson, Schow, Sellar, West and Wojahn - 6. SUBSTITUTE HOUSE BILL NO. 1770, 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
SUBSTITUTE HOUSE BILL NO. 1806, by House Committee on Natural Resources (originally sponsored by Representatives Alexander, Grant, Mastin, Buck, Johnson, Butler, Hatfield, Kessler, Sheldon, Chandler, Thompson, Regala, Anderson, Pennington, Clements, Kenney, Sullivan, Blalock, Conway, Mulliken, Tokuda, Constantine, Mason and Schoesler)
Increasing penalties for the illegal killing and possession of wildlife.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 1806 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Johnson, Senators Anderson, Hale, Newhouse, Strannigan and Swecker were excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1806.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1806 and the bill passed the Senate by the following vote: Yeas, 37; Nays, 0; Absent, 0; Excused, 12.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Sheldon, Snyder, Spanel, Stevens, Swanson, Thibaudeau, Winsley, Wood and Zarelli - 37. Excused: Senators Anderson, Hale, Horn, McDonald, Newhouse, Patterson, Schow, Sellar, Strannigan, Swecker, West and Wojahn - 12. SUBSTITUTE HOUSE BILL NO. 1806, 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. 1985, by House Committee on Appropriations (originally sponsored by Representatives Buck, Regala, Sump, Pennington, Sheldon, Hatfield, Anderson, Butler and Dyer)
Allowing for pilot project landscape management plans.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 1985 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 House Bill No. 1985.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1985 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 0; Absent, 2; Excused, 12.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Loveland, McAuliffe, McCaslin, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Sheldon, Snyder, Spanel, Stevens, Swanson, Thibaudeau, Winsley, Wood and Zarelli - 35. Absent: Senators Long and Morton - 2. Excused: Senators Anderson, Hale, Horn, McDonald, Newhouse, Patterson, Schow, Sellar, Strannigan, Swecker, West and Wojahn - 12. SUBSTITUTE HOUSE BILL NO. 1985, 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 HOUSE BILL NO. 1647, by Representatives Radcliff, Van Luven, Mason, Carlson, Veloria, Morris, Ogden, Kenney and Costa
Establishing a home tuition program.
The bill was read the second time.
MOTIONS
On motion of Senator Wood, the following Committee on Higher Education amendment was adopted:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. It is the intent of the legislature to provide for diverse educational opportunities at the state's institutions of higher education and to facilitate student participation in educational exchanges with institutions outside the state of Washington. To accomplish this, this act establishes a home tuition program allowing students at Washington state institutions of higher education to take advantage of out-of-state and international educational opportunities while paying an amount equal to their regularly charged tuition and required fees. Sec. 2. RCW 28B.15.012 and 1994 c 188 s 2 are each amended to read as follows: Whenever used in chapter 28B.15 RCW: (1) The term "institution" shall mean a public university, college, or community college within the state of Washington. (2) The term "resident student" shall mean: (a) A financially independent student who has had a domicile in the state of Washington for the period of one year immediately prior to the time of commencement of the first day of the semester or quarter for which the student has registered at any institution and has in fact established a bona fide domicile in this state primarily for purposes other than educational; (b) A dependent student, if one or both of the student's parents or legal guardians have maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the semester or quarter for which the student has registered at any institution; (c) A student classified as a resident based upon domicile by an institution on or before May 31, 1982, who was enrolled at a state institution during any term of the 1982-1983 academic year, so long as such student's enrollment (excepting summer sessions) at an institution in this state is continuous; (d) Any student who has spent at least seventy-five percent of both his or her junior and senior years in high schools in this state, whose parents or legal guardians have been domiciled in the state for a period of at least one year within the five-year period before the student graduates from high school, and who enrolls in a public institution of higher education within six months of leaving high school, for as long as the student remains continuously enrolled for three quarters or two semesters in any calendar year; (e) A student who is the spouse or a dependent of a person who is on active military duty stationed in the state; ((or)) (f) A student of an out-of-state institution of higher education who is attending a Washington state institution of higher education pursuant to a home tuition agreement as described in RCW 28B.15.725; or (g) A student who meets the requirements of RCW 28B.15.0131: PROVIDED, That a nonresident student enrolled for more than six hours per semester or quarter shall be considered as attending for primarily educational purposes, and for tuition and fee paying purposes only such period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state unless such student proves that the student has in fact established a bona fide domicile in this state primarily for purposes other than educational. (3) The term "nonresident student" shall mean any student who does not qualify as a "resident student" under the provisions of RCW 28B.15.012 and 28B.15.013. Except for students qualifying under subsection (2)(f) of this section, a nonresident student shall include: (a) A student attending an institution with the aid of financial assistance provided by another state or governmental unit or agency thereof, such nonresidency continuing for one year after the completion of such semester or quarter. (b) A person who is not a citizen of the United States of America who does not have permanent or temporary resident status or does not hold "Refugee-Parolee" or "Conditional Entrant" status with the United States immigration and naturalization service or is not otherwise permanently residing in the United States under color of law and who does not also meet and comply with all the applicable requirements in RCW 28B.15.012 and 28B.15.013. (4) The term "domicile" shall denote a person's true, fixed and permanent home and place of habitation. It is the place where the student intends to remain, and to which the student expects to return when the student leaves without intending to establish a new domicile elsewhere. The burden of proof that a student, parent or guardian has established a domicile in the state of Washington primarily for purposes other than educational lies with the student. (5) The term "dependent" shall mean a person who is not financially independent. Factors to be considered in determining whether a person is financially independent shall be set forth in rules and regulations adopted by the higher education coordinating board and shall include, but not be limited to, the state and federal income tax returns of the person and/or the student's parents or legal guardian filed for the calendar year prior to the year in which application is made and such other evidence as the board may require. Sec. 3. RCW 28B.15.014 and 1993 sp.s. c 18 s 5 are each amended to read as follows: Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges may exempt the following nonresidents from paying all or a portion of the nonresident tuition fees differential: (1) Any person who resides in the state of Washington and who holds a graduate service appointment designated as such by a public institution of higher education or is employed for an academic department in support of the instructional or research programs involving not less than twenty hours per week during the term such person shall hold such appointment. (2) Any faculty member, classified staff member or administratively exempt employee holding not less than a half time appointment at an institution who resides in the state of Washington, and the dependent children and spouse of such persons. (3) Active-duty military personnel stationed in the state of Washington. (4) Any immigrant refugee and the spouse and dependent children of such refugee, if the refugee (a) is on parole status, or (b) has received an immigrant visa, or (c) has applied for United States citizenship. (5) ((Domestic exchange students participating in the program created under RCW 28B.15.725. (6))) Any dependent of a member of the United States congress representing the state of Washington. Sec. 4. RCW 28B.15.725 and 1994 c 234 s 1 are each amended to read as follows: ((Subject to the limitations of RCW 28B.15.910,)) (1) The governing boards of the state universities, the regional universities, and The Evergreen State College may ((enter into undergraduate student exchange)) establish home tuition programs by negotiating home tuition agreements with an out-of-state institution or consortium of institutions of higher education ((of other states and agree to exempt participating undergraduate students from payment of all or a portion of the nonresident tuition fees differential subject to the following restrictions: (1) In any given academic year, the number of students receiving a waiver at a state institution shall not exceed the number of that institution's students receiving nonresident tuition waivers at participating out-of-state institutions. Waiver imbalances that may occur in one year shall be off-set in the year immediately following)) if no loss of tuition and fee revenue occurs as a result of the agreements. (2) ((Undergraduate)) Home tuition agreements allow students at Washington state institutions of higher education to attend an out-of-state institution of higher education as part of a student exchange. Students participating in a home tuition program shall pay an amount equal to their regular, full-time tuition and required fees to either the Washington institution of higher education or the out-of-state institution of higher education depending upon the provisions of the particular agreement. Payment of course fees in excess of generally applicable tuition and required fees must be addressed in each home tuition agreement to ensure that the instructional programs of the Washington institution of higher education do not incur additional uncompensated costs as a result of the exchange. (3) Student participation in ((an exchange program)) a home tuition agreement authorized by this section is limited to one academic year. (4) Students enrolled under a home tuition agreement shall reside in Washington state for the duration of the program, may not use the year of enrollment under this program to establish Washington state residency, and are not eligible for state financial aid. Sec. 5. RCW 28B.15.910 and 1993 sp.s. c 18 s 31 are each amended to read as follows: (1) Except for revenue waived under programs listed in subsection (3) of this section, and unless otherwise expressly provided in the omnibus state appropriations act, the total amount of operating fees revenue waived, exempted, or reduced by a state university, a regional university, The Evergreen State College, or the community colleges as a whole, shall not exceed the percentage of total gross authorized operating fees revenue set forth below. As used in this section, "gross authorized operating fees revenue" means the estimated gross operating fees revenue as estimated under RCW 82.33.020 or as revised by the office of financial management, before granting any waivers. This limitation applies to all tuition waiver programs established before or after July 1, 1992. (a) University of Washington21 percent(b) Washington State University20 percent(c) Eastern Washington University11 percent(d) Central Washington University8 percent(e) Western Washington University10 percent(f) The Evergreen State College6 percent(g) Community colleges as a whole35 percent(2) The limitations in subsection (1) of this section apply to waivers, exemptions, or reductions in operating fees contained in the following: (a) RCW 28B.10.265; (b) RCW 28B.15.014; (c) RCW 28B.15.100; (d) RCW 28B.15.225; (e) RCW 28B.15.380; (f) Ungraded courses under RCW 28B.15.502(4); (g) RCW 28B.15.520; (h) RCW 28B.15.526; (i) RCW 28B.15.527; (j) RCW 28B.15.543; (k) RCW 28B.15.545; (l) RCW 28B.15.555; (m) RCW 28B.15.556; (n) RCW 28B.15.615; (o) RCW 28B.15.620; (p) RCW 28B.15.628; (q) ((RCW 28B.15.725; (r))) RCW 28B.15.730; (((s))) (r) RCW 28B.15.740; (((t))) (s) RCW 28B.15.750; (((u))) (t) RCW 28B.15.756; (((v))) (u) RCW 28B.50.259; (((w))) (v) RCW 28B.70.050; and (((x))) (w) RCW 28B.80.580. (3) The limitations in subsection (1) of this section do not apply to waivers, exemptions, or reductions in services and activities fees contained in the following: (a) RCW 28B.15.522; (b) RCW 28B.15.535; (c) RCW 28B.15.540; and (d) RCW 28B.15.558. 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." On motion of Senator Wood, the following title amendment was adopted:
On page 1, line 1 of the title, after "education;" strike the remainder of the title and insert "amending RCW 28B.15.012, 28B.15.014, 28B.15.725, and 28B.15.910; and creating a new section."
MOTION
On motion of Senator Wood, the rules were suspended, Engrossed House Bill No. 1647, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTIONS
On motion of Senator Hochstatter, Senators Long and Morton were excused.
On motion of Senator Franklin, Senator Loveland was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1647, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1647, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 36; Nays, 0; Absent, 0; Excused, 13.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, McAuliffe, McCaslin, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sheldon, Snyder, Spanel, Stevens, Swanson, Thibaudeau, Winsley, Wood and Zarelli - 36. Excused: Senators Anderson, Hale, Long, Loveland, McDonald, Morton, Newhouse, Schow, Sellar, Strannigan, Swecker, West and Wojahn - 13. ENGROSSED HOUSE BILL NO. 1647, 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
SUBSTITUTE HOUSE BILL NO. 2090, by House Committee on Higher Education (originally sponsored by Representatives Schoesler, Dyer, D. Sommers, Carrell, Linville, Sterk, Parlette and Doumit)
Establishing a community and technical college employees attendance incentive program.
The bill was read the second time.
MOTION
On motion of Senator Wood, the rules were suspended, Substitute House Bill No. 2090 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 House Bill No. 2090.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2090 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 0; Absent, 0; Excused, 13.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, McAuliffe, McCaslin, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sheldon, Snyder, Spanel, Stevens, Swanson, Thibaudeau, Winsley, Wood and Zarelli - 36. Excused: Senators Anderson, Hale, Long, Loveland, McDonald, Morton, Newhouse, Schow, Sellar, Strannigan, Swecker, West and Wojahn - 13. SUBSTITUTE HOUSE BILL NO. 2090, 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 JOINT MEMORIAL NO. 4000, by Representatives Sterk, O'Brien, Delvin, Robertson, Mulliken, Dickerson, Thompson, Hatfield, Conway, D. Sommers, Cooper, Boldt, Alexander, Cody, Murray, Costa, Sheahan, Buck, Schoesler, Sherstad, Ogden, Linville, Kessler, L. Thomas, Smith, Dyer, Chandler, Chopp and D. Schmidt
Honoring law enforcement officers.
The joint memorial was read the second time.
MOTION
On motion of Senator McCaslin, the rules were suspended, House Joint Memorial No. 4000 was advanced to third reading, the second reading considered the third and the joint memorial was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of House Joint Memorial No. 4000.
ROLL CALL
The Secretary called the roll on the final passage of House Joint Memorial No. 4000 and the joint memorial passed the Senate by the following vote: Yeas, 37; Nays, 0; Absent, 0; Excused, 12.
Voting yea: Senators Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Loveland, McAuliffe, McCaslin, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sheldon, Snyder, Spanel, Stevens, Swanson, Thibaudeau, Winsley, Wood and Zarelli - 37. Excused: Senators Anderson, Hale, Long, McDonald, Morton, Newhouse, Schow, Sellar, Strannigan, Swecker, West and Wojahn - 12. HOUSE JOINT MEMORIAL NO. 4000, having received the constitutional majority, was declared passed.
SECOND READING
HOUSE BILL NO. 2197, by Representatives Huff, H. Sommers, Carlson, Wensman, Talcott, Clements, O'Brien, Hatfield, Cooke, Dickerson and Kessler
Creating the K-20 education technology revolving fund.
The bill was read the second time.
MOTION
On motion of Senator Wood, the rules were suspended, House Bill No. 2197 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 House Bill No. 2197.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2197 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 45. Excused: Senators Long, McDonald, Schow and Wojahn - 4. HOUSE BILL NO. 2197, 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. 2163, by Representatives Sheldon, Conway, Sehlin, Zellinsky, K. Schmidt, D. Sommers, Veloria, Huff, D. Schmidt, Johnson, Lantz, Sullivan, Koster, Pennington, Smith, Costa, Cairnes, Reams, Robertson and Hatfield
Clarifying the requirements for a veterans or military personnel remembrance emblem.
The bill was read the second time.
MOTION
On motion of Senator Prince, the rules were suspended, House Bill No. 2163 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. 2163.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2163 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 47. Excused: Senators Schow and Wojahn - 2. HOUSE BILL NO. 2163, 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. 1743, by Representatives Dyer, Cody, Kenney, Cooke and Blalock
Allowing the department of community, trade, and economic development to adopt rules to carry out the long-term care ombudsman program.
The bill was read the second time.
MOTION
On motion of Senator Deccio, the rules were suspended, House Bill No. 1743 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. 1743.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1743 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senator Horn - 1. Excused: Senator Schow - 1. HOUSE BILL NO. 1743, 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, the following resolution was adopted:
SENATE RESOLUTION 1997-8644
By Senators McDonald, Snyder, Newhouse, Sellar, Strannigan, Wojahn, Schow, Prince, Zarelli, Stevens, Swecker, Kohl, Franklin, Wood, Hale, Bauer, Loveland, Rasmussen, Goings, Spanel and McAuliffe
WHEREAS, It is the policy of the Washington State Legislature to honor the achievements of youth in Washington; and
WHEREAS, Athletics play an important role in the growth and development of today's youth; and
WHEREAS, School athletes excel in the classroom as well as on the playing field; and
WHEREAS, Athletics and extracurricular activities instill in students a sense of confidence and achievement which often leads to better school attendance and higher graduation rates; and
WHEREAS, Athletics and extracurricular activities contribute to the development of social, academic, and physical skills; and
WHEREAS, Student athletes who achieve in high school sports and academics grow to become successful adults; and
WHEREAS, The Washington Interscholastic Activities Association recognizes the academic achievements of high school athletic teams; and
WHEREAS, For the past nine years, The Washington Interscholastic Activities Association has awarded academic state championship teams in various sports;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington honor the following schools, athletes, athletic administrators, and coaches for their academic achievement, and for the outstanding example of inspiration and dedication they have set for others:
1996-97 FALL WIAA STATE ACADEMIC CHAMPIONS
BOYS CROSS COUNTRY ATHLETIC
CLASS SCHOOL GPA COACH DIRECTOR
AAA Kelso HS, Kelso 3.814 Joe Stewart Gary Kinch
AA Othello HS, Othello 3.650 John Oord Mark Kondo
A Zillah HS, Zillah 3.880 Earl Holden Doug Burge
B Pomeroy HS, Pomeroy 3.706 Fred Knebel Bob Kirk
GIRLS CROSS COUNTRY ATHLETIC
CLASS SCHOOL GPA COACH DIRECTOR
AAA Marysville Pilchuck HS, Marysville 3.880 Julie Coburn Greg Erickson
AA Arlington HS, Arlington 3.920 John Scheffer Allen Jefferson
A Cascade HS, Leavenworth 3.910 Rob Rosenau Dan Roche
B Naselle HS, Naselle 3.729 Dominic Urban Linda Nelson
FOOTBALL ATHLETIC
CLASS SCHOOL GPA COACH DIRECTOR
AAA Lake Washington HS, Kirkland 3.379 Ron Sidenquist Roger Hanson
AA Colville HS, Colville 3.450 Ken Emmil Randy Russell
A Omak HS, Omak 3.611 Galen Kaemingk Jim Brucker
B Liberty HS, Spangle 3.308 Rod Fletcher Nancy Hobbs
BOYS SOCCER ATHLETIC
CLASS SCHOOL GPA COACH DIRECTOR
A Meridian HS, Bellingham 3.447 Gil Huntley Steve Miller
B Evergreen Lutheran HS, Kent 3.380 Jeff Kurbis David Habeck
GIRLS SOCCER ATHLETIC
CLASS SCHOOL GPA COACH DIRECTOR
AAA Joel Ferris HS, Spokane 3.653 Robin Crain Ray Hare
AA Port Townsend HS, Port Townsend 3.700 Colin Foden Joey Johnson
A The Northwest School, Seattle 3.650 Mike Mullen Mike Mullen
B Evergreen Lutheran HS, Kent 3.680 Jeff Stellick David Habeck
GIRLS SWIMMING ATHLETIC
CLASS SCHOOL GPA COACH DIRECTOR
AAA Mercer Island HS, Mercer Island 3.686 Frank Ceteznik Craig Olson
AA Bellingham HS, Bellingham 3.805 Sam Anderson Les Galley
VOLLEYBALL ATHLETIC
CLASS SCHOOL GPA COACH DIRECTOR
AAA Inglemoor HS, Kirkland 3.894 Kelly Haupt Frank Naish
AA Lynden HS, Lynden 3.950 Ron Barker Terry DeValois
A Cascade HS, Leavenworth 3.900 Paula West Dan Roche
B Moses Lake Christian HS, Moses Lake 3.861 Dennis Treat Dan O'Bannan
1996-97 WINTER WIAA STATE ACADEMIC CHAMPIONS
BOYS BASKETBALL ATHLETIC
CLASS SCHOOL GPA COACH DIRECTOR
AAA Gonzaga Prep, Spokane 3.584 Mike Haugen Mike Arte
AA Sunnyside HS, Sunnyside 3.780 Jeff Thompson Mike Davis
A Dayton HS, Dayton 3.803 Tony Callero Tony Henderson
B Liberty HS, Spangle 3.675 David Baird Nancy Hobbs
GIRLS BASKETBALL ATHLETIC
CLASS SCHOOL GPA COACH DIRECTOR
AAA Everett HS, Everett 3.790 Jo Metzer-Levin Pat Sullivan
AA Elma HS, Elma 3.810 Greg Hardie Steve Bridge
A Montesano HS, Montesano 3.887 Joel Tyndell Tim Trimble
B Wilbur-Creston HS, Wilbur 3.900 Steve Jantz Glenn Arland
CHEER ATHLETIC
CLASS SCHOOL GPA COACH DIRECTOR
AAA Newport HS, Bellevue 3.801 Sharon Collins Chuck Crickmore
AA Capital HS, Olympia 3.577 Connie Brandau Mike Mulligan
A Omak HS, Omak 3.795 Rachel Erickson Jim Brucker
B Sprague-Harrington HS, Sprague 3.930 Elizabeth Frank Randy Behrens
DANCE & DRILL ATHLETIC
CLASS SCHOOL GPA COACH DIRECTOR
AAA Bellevue HS, Bellevue 3.663 Sharon Hatcher Al Strand
AA Capital HS, Olympia 3.624 Betty Gill Mike Mulligan
A Castle Rock HS, Castle Rock 3.174 Tanya Sweet Henry Karnofski
DEBATE ATHLETIC
CLASS SCHOOL GPA COACH DIRECTOR
AAA Federal Way HS, Federal Way 3.925 Lois Gorne Bill Harris
AA Othello HS, Othello 3.345 Don Godfrey Mark Kondo
A Cascade HS, Leavenworth 3.705 James Dillhoff Bill Wadlington
DRAMA ATHLETIC
CLASS SCHOOL GPA COACH DIRECTOR
AAA Shorewood HS, Shoreline 3.563 Loren Reynolds Sue Walker
GYMNASTICS ATHLETIC
CLASS SCHOOL GPA COACH DIRECTOR
AAA Joel Ferris HS, Spokane 3.720 Bill Christianson Ray Hare
AA Hanford HS, Richland 3.467 Brett Garland Tom Hegarty
MUSIC ATHLETIC
CLASS SCHOOL GPA COACH DIRECTOR
AAA Shorewood HS, Shoreline 3.713 Dan Wing Sue Walker
A Quincy HS, Quincy 3.840 Dave Rowley Bill Alexander
B Liberty HS, Spangle 3.430 Mike Jedsrup Nancy Hobbs
BOYS SWIMMING ATHLETIC
CLASS SCHOOL GPA COACH DIRECTOR
AAA Bellevue HS, Bellevue 3.590 Paul Von Destinon Al Strand
AA Capital HS, Olympia 3.547 Mike Westphal Mike Mulligan
WRESTLING ATHLETIC
CLASS SCHOOL GPA COACH DIRECTOR
AAA Edmonds-Woodway HS, Edmonds 3.647 Mike Hess Jerry Crabb
AA Elma HS, Elma 3.420 Rick Rakevich Steve Bridge
A Colfax HS, Colfax 3.330 Jack McBride Duane Gottschalk
B Pomeroy HS, Pomeroy 3.242 Randy Mulrony Fred Knebel
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to these schools in recognition of this event.
Senators Snyder and McDonald spoke to Senate Resolution 1997-8644.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the members of the 1996-97 Fall Washington Interscholastic Activities Association Academic Champions who were seated in the gallery.
MOTION
At 10:14 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 3:22 p.m. by President Owen.
MOTION
On motion of Senator Johnson, the Senate returned to the fourth order of business.
MESSAGES FROM THE HOUSE
April 11, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5903, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 11, 1997
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5370, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 11, 1997
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5283,
ENGROSSED SENATE BILL NO. 5744,
ENGROSSED SENATE BILL NO. 5959,
SENATE BILL NO. 6004, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 14, 1997
MR. PRESIDENT:
The House has passed:
SUBSTITUTE SENATE BILL NO. 5394,
SUBSTITUTE SENATE BILL NO. 5472,
SUBSTITUTE SENATE BILL NO. 5509,
SUBSTITUTE SENATE BILL NO. 5612,
SENATE BILL NO. 5669, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5283,
SENATE BILL NO. 5370,
ENGROSSED SENATE BILL NO. 5744,
SUBSTITUTE SENATE BILL NO. 5903,
ENGROSSED SENATE BILL NO. 5959,
SENATE BILL NO. 6004.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5394,
SUBSTITUTE SENATE BILL NO. 5472,
SUBSTITUTE SENATE BILL NO. 5509,
SUBSTITUTE SENATE BILL NO. 5612,
SENATE BILL NO. 5669.
MESSAGE FROM THE HOUSE
March 31, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6062 with the following amendments:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. (1) A budget is hereby adopted and, subject to the provisions set forth in the following sections, the several amounts specified in the following sections, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for salaries, wages, and other expenses of the agencies and offices of the state and for other specified purposes for the fiscal biennium beginning July 1, 1997, and ending June 30, 1999, except as otherwise provided, out of the several funds of the state hereinafter named. (2) Unless the context clearly requires otherwise, the definitions in this section apply throughout this act. (a) "Fiscal year 1998" or "FY 1998" means the fiscal year ending June 30, 1998. (b) "Fiscal year 1999" or "FY 1999" means the fiscal year ending June 30, 1999. (c) "FTE" means full time equivalent. (d) "Lapse" or "revert" means the amount shall return to an unappropriated status. (e) "Provided solely" means the specified amount may be spent only for the specified purpose. Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose which is unnecessary to fulfill the specified purpose shall lapse.PART IGENERAL GOVERNMENTNEW SECTION. Sec. 101. FOR THE HOUSE OF REPRESENTATIVESGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$24,216,000General Fund Appropriation (FY 1999)$25,637,000TOTAL APPROPRIATION$49,853,000The appropriations in this section are subject to the following conditions and limitations: $75,000 of the general fund fiscal year 1998 appropriation and $75,000 of the general fund fiscal year 1999 appropriation are provided solely for the independent operations of the legislative ethics board. Expenditure decisions of the board, including employment of staff, shall be independent of the senate and house of representatives. NEW SECTION. Sec. 102. FOR THE SENATEGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$19,232,000General Fund Appropriation (FY 1999)$20,663,000TOTAL APPROPRIATION$39,895,000The appropriations in this section are subject to the following conditions and limitations: $75,000 of the general fund fiscal year 1998 appropriation and $75,000 of the general fund fiscal year 1999 appropriation are provided solely for the independent operations of the legislative ethics board. Expenditure decisions of the board, including employment of staff, shall be independent of the senate and house of representatives. NEW SECTION. Sec. 103. FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEEGeneral Fund Appropriation (FY 1998). . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,501,000General Fund Appropriation (FY 1999)$1,445,000TOTAL APPROPRIATION$2,946,000The appropriations in this section are subject to the following conditions and limitations: (1) $80,000 of the general fund appropriation for fiscal year 1998 and $20,000 of the general fund appropriation for fiscal year 1999 are provided solely for a coordinated study of and recommendations for student financial aid and tuition policy. The study shall consider how tuition and financial aid policies might be formulated to maximize access to higher education services, promote equity in educational opportunity among households of varying income levels, and preserve a range of educational choices for students. The study shall include an evaluation of resources and benefits available to students to maximize state financial aid program funds. The committee shall complete the study and issue a report to the legislature by November 1, 1998. (2) $50,000 of the general fund appropriation for fiscal year 1998 is provided solely to implement Substitute Senate Bill No. 5071 (school district territory). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse. NEW SECTION. Sec. 104. FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEEGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,163,000General Fund Appropriation (FY 1999)$1,232,000TOTAL APPROPRIATION$2,395,000NEW SECTION. Sec. 105. FOR THE OFFICE OF THE STATE ACTUARYDepartment of Retirement Systems Expense Account Appropriation. . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,681,000NEW SECTION. Sec. 106. FOR THE JOINT LEGISLATIVE SYSTEMS COMMITTEEGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,430,000General Fund Appropriation (FY 1999)$5,430,000TOTAL APPROPRIATION$10,860,000NEW SECTION. Sec. 107. FOR THE STATUTE LAW COMMITTEEGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$3,212,000General Fund Appropriation (FY 1999)$3,552,000TOTAL APPROPRIATION$6,764,000NEW SECTION. Sec. 108. FOR THE SUPREME COURTGeneral Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4,642,000General Fund Appropriation (FY 1999)$4,815,000TOTAL APPROPRIATION$9,457,000NEW SECTION. Sec. 109. FOR THE LAW LIBRARYGeneral Fund Appropriation (FY 1998). . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,769,000General Fund Appropriation (FY 1999)$1,783,000TOTAL APPROPRIATION$3,552,000NEW SECTION. Sec. 110. FOR THE COURT OF APPEALSGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$10,300,000General Fund Appropriation (FY 1999)$10,207,000TOTAL APPROPRIATION$20,507,000The appropriations in this section are subject to the following conditions and limitations: (1) $271,000 of the general fund fiscal year 1999 appropriation is provided solely for an additional judge position and related support staff in division I, effective July 1, 1998. (2) $490,000 of the general fund fiscal year 1998 appropriation is provided solely for remodeling existing space in division I court facilities to house additional staff. NEW SECTION. Sec. 111. FOR THE COMMISSION ON JUDICIAL CONDUCTGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . .. . . . . . . . . . . . . $652,000General Fund Appropriation (FY 1999)$652,000TOTAL APPROPRIATION$1,304,000NEW SECTION. Sec. 112. FOR THE ADMINISTRATOR FOR THE COURTSGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$12,488,000General Fund Appropriation (FY 1999)$12,495,000Public Safety and Education Account Appropriation $31,384,000Judicial Information Systems Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16,159,000TOTAL APPROPRIATION$72,526,000The appropriations in this section are subject to the following conditions and limitations:(1) Funding provided in the judicial information systems account appropriation shall be used for the operations and maintenance of technology systems that improve services provided by the supreme court, the court of appeals, the office of public defense, and the office of the administrator for the courts. $400,000 of the judicial information systems account appropriation is provided solely for the year 2000 date conversion. (2) $6,610,000 of the public safety and education account appropriation is provided solely for the continuation of treatment alternatives to street crime (TASC) programs in Pierce, Snohomish, Clark, King, Spokane, and Yakima counties. (3) $125,000 of the public safety and education account appropriation is provided solely for the workload associated with the increase in state cases filed in Thurston county superior court. (4) $223,000 of the public safety and education account appropriation is provided solely for the gender and justice commission. (5) $308,000 of the public safety and education account appropriation is provided solely for the minority and justice commission. (6) 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 continue to implement procedures for the collection and disbursement of these employer contributions. NEW SECTION. Sec. 113. FOR THE OFFICE OF PUBLIC DEFENSEPublic Safety and Education Account Appropriation. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12,196,000The appropriations in this section are subject to the following conditions and limitations:(1) The cost of defending indigent offenders in death penalty cases has escalated significantly over the last four years. The office of public defense advisory committee shall analyze the current methods for reimbursing private attorneys and shall develop appropriate standards and criteria designed to control costs and still provide indigent defendants their constitutional right to representation at public expense. The office of public defense advisory committee shall report its findings and recommendations to the supreme court and the appropriate legislative committees by September 30, 1998. (2) $688,000 of the public safety and education account appropriation is provided solely to increase the reimbursement for private attorneys providing constitutionally mandated indigent defense in nondeath penalty cases. NEW SECTION. Sec. 114. FOR THE OFFICE OF THE GOVERNORGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$5,052,000General Fund--State Appropriation (FY 1999)$4,968,000General Fund--Federal Appropriation$188,000Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$700,000TOTAL APPROPRIATION$10,908,000The appropriations in this section are subject to the following conditions and limitations:(1) $1,618,000 of the general fund--state appropriation for fiscal year 1998, $1,520,000 of the general fund--state appropriation for fiscal year 1999, $700,000 of the water quality account appropriation, and $188,000 of the general fund--federal appropriation are provided solely for the implementation of the Puget Sound work plan and agency action items PSAT-01 through PSAT-06. (2) $12,000 of the general fund--state appropriation for fiscal year 1998 and $13,000 of the general fund--state appropriation for fiscal year 1999 are provided for the state law enforcement medal of honor committee for the purposes of recognizing qualified law enforcement officers as provided by chapter 41.72 RCW. NEW SECTION. Sec. 115. FOR THE LIEUTENANT GOVERNORGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $254,000General Fund Appropriation (FY 1999)$255,000TOTAL APPROPRIATION$509,000NEW SECTION. Sec. 116. FOR THE PUBLIC DISCLOSURE COMMISSIONGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$1,434,000General Fund Appropriation (FY 1999)$1,183,000TOTAL APPROPRIATION$2,617,000The appropriations in this section are subject to the following conditions and limitations: $306,000 of the general fund fiscal year 1998 appropriation and $72,000 of the general fund fiscal year 1999 appropriation are provided solely for technology for customer service improvements. NEW SECTION. Sec. 117. FOR THE SECRETARY OF STATEGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . $7,847,000General Fund Appropriation (FY 1999)$5,740,000Archives & Records Management Account--StateAppropriation$4,330,000Archives & Records Management Account--Private/Local Appropriation. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . $2,261,000Department of Personnel Service AccountAppropriation$663,000TOTAL APPROPRIATION$20,841,000The appropriations in this section are subject to the following condition and limitation: (1) $99,000 of the general fund fiscal year 1998 appropriation is provided for the state's participation in the United States census voting district project. (2) $25,000 of the general fund appropriation for fiscal year 1998 and $25,000 of the general fund appropriation for fiscal year 1999 are provided solely to establish a data base on international education and foreign trade contacts. NEW SECTION. Sec. 118. FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRSGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $185,000General Fund Appropriation (FY 1999)$188,000TOTAL APPROPRIATION$373,000NEW SECTION. Sec. 119. FOR THE COMMISSION ON ASIAN-AMERICAN AFFAIRSGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$200,000General Fund Appropriation (FY 1999)$201,000TOTAL APPROPRIATION$401,000NEW SECTION. Sec. 120. FOR THE STATE TREASURERState Treasurer's Service Account Appropriation $11,585,000NEW SECTION. Sec. 121. FOR THE STATE AUDITORGeneral Fund Appropriation (FY 1998)$428,000General Fund Appropriation (FY 1999). . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $428,000State Auditing Services Revolving AccountAppropriation$11,957,000TOTAL APPROPRIATION$12,813,000The 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) $398,000 of the general fund appropriation for fiscal year 1998 and $399,000 of the general fund appropriation for fiscal year 1999 are 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. NEW SECTION. Sec. 122. FOR THE CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALSGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . .. . . . . . . . . . . . . $4,000General Fund Appropriation (FY 1999)$62,000TOTAL APPROPRIATION$66,000NEW SECTION. Sec. 123. FOR THE ATTORNEY GENERALGeneral Fund--State Appropriation (FY 1998). . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4,798,000General Fund--State Appropriation (FY 1999)$General Fund--Federal Appropriation$2,248,000Public Safety and Education Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,300,000New Motor Vehicle Arbitration Account Appropriation$1,094,000Legal Services Revolving Account Appropriation$124,301,000Attorney General Salary Increase Revolving Account Appropriation. . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $998,000TOTAL APPROPRIATION$138,474,000The 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) $998,000 of the attorney general salary increase revolving account appropriation is provided solely for salary increases for assistant attorneys general with legal experience of ten years or less. (4) $1,360,000 from the general fund fiscal year 1998 appropriation and $298,000 from the general fund fiscal year 1999 appropriation is provided solely to implement Substitute House Bill No. 1781 (supervised offender monitoring). If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse. (5) $250,000 from the legal services revolving account appropriation is provided solely for legal services from the attorney general if the need results from the implementation of Second Substitute House Bill No. 1938 (at-risk youth). If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse. NEW SECTION. Sec. 124. FOR THE DEPARTMENT OF FINANCIAL INSTITUTIONSSecurities Regulation Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . $5,458,000NEW SECTION. Sec. 125. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENTGeneral Fund--State Appropriation (FY 1998). . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$57,338,000General Fund--State Appropriation (FY 1999)$56,316,000General Fund--Federal Appropriation $147,864,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$6,903,000Public Safety and Education Account Appropriation$8,781,000Drinking Water Assistance Account--Federal Appropriation $852,000Public Works Assistance Account Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,223,000Building Code Council Account Appropriation$1,318,000Administrative Contingency Account Appropriation $1,776,000Low-Income Weatherization Assistance Account Appropriation . . . . . . . . . . . . . . $Violence Reduction and Drug Enforcement Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . $2,639,000Manufactured Home Installation Training Account Appropriation $250,000Washington Housing Trust Account Appropriation $7,999,000Public Facility Construction Loan Revolving Account Appropriation $TOTAL APPROPRIATION$295,697,000The appropriations in this section are subject to the following conditions and limitations: (1) $3,282,500 of the general fund--state appropriation for fiscal year 1998 and $3,282,500 of the general fund--state appropriation for fiscal year 1999 are provided solely for a contract with the Washington technology center. For work essential to the mission of the Washington technology center and conducted in partnership with universities, the center shall not pay any increased indirect rate nor increases in other indirect charges above the absolute amount paid during the 1995-97 biennium. (2) $155,000 of the general fund--state appropriation for fiscal year 1998 and $155,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for a contract with the Washington manufacturing extension partnership. (3) $1,750,000 of the general fund fiscal year 1998 appropriation and $1,750,000 of the general fund fiscal year 1999 appropriation are provided solely to implement sections 21 and 23 of Engrossed Second Substitute House Bill No. 2244 (land use study commission recommendations). If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse. (4) $4,800,000 of the public safety and education account appropriation is provided solely for indigent civil legal representation services contracts and contracts administration. The amount provided in this subsection is contingent upon enactment of section 2 of House Bill No. 2276 (civil legal services for indigent persons). If section 2 of the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse. (5) $50,000 of the general fund--state fiscal year 1998 appropriation and $50,000 of the general fund--state fiscal year 1999 appropriation are provided solely to implement Engrossed Second Substitute House Bill No. 1752 (developmental disabilities ombudsman). If the bill is not enacted by June 30, 1997, this subsection shall be null and void. (6) $117,000 of the general fund--state fiscal year 1998 appropriation and $105,000 of the general fund--state fiscal year 1999 appropriation are provided solely to implement Engrossed Second Substitute House Bill No. 1032 (regulatory reform). If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse. (7) $643,000 of the general fund--state fiscal year 1998 appropriation and $643,000 of the general fund--state fiscal year 1999 appropriation are provided solely to increase payment rates for contracted early childhood education assistance program providers. It is the legislature's intent that these amounts shall be used primarily to increase compensation for persons employed in direct, front-line service delivery. (8) $9,964,000 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 1998 as follows: (a) $3,603,250 to local units of governments to continue the multijurisdictional narcotics task forces; (b) $500,000 to the department to continue the state-wide drug prosecution assistance program in support of multijurisdictional narcotics task forces; (c) $1,306,075 to the Washington state patrol for coordination, investigative, and supervisory support to the multijurisdictional narcotics task forces and for methamphetamine education and response; (d) $240,000 to the department for grants to support tribal law enforcement needs; (e) $900,000 to drug courts in eastern and western Washington; (f) $300,000 to the department for grants to provide sentencing alternatives training programs to defenders; (g) $200,000 for grants to support substance-abuse treatment in county jails; (h) $517,075 to the department for legal advocacy for victims of domestic violence and for training of local law enforcement officers and prosecutors on domestic violence laws and procedures; (i) $903,000 to the department to continue youth violence prevention and intervention projects; (j) $91,000 for the governor's council on substance abuse; (k) $99,000 for program evaluation and monitoring; (l) $100,000 to the division of juvenile rehabilitation administration for early intervention and prevention programs; (m) $498,200 for development of a state-wide system to track criminal history records; and (n) Up to $706,400 to the department for grant administration and reporting. These amounts represent the maximum Byrne grant expenditure authority for each program. No program may expend Byrne grant funds in excess of the amounts provided in this section. If any moneys other than those appropriated in this section become available, whether from prior or current fiscal year Byrne grant distributions, the department shall hold these moneys in reserve and may not expend them without a specific appropriation. These moneys shall be carried forward and applied to the pool of moneys available for appropriation for programs and projects in the succeeding fiscal year. (9) $18,000 of the general fund--state fiscal year 1998 appropriation and $17,000 of the general fund--state fiscal year 1999 appropriation are provided solely to continue studying 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 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. (10) $75,000 of the general fund--state fiscal year 1998 appropriation and $75,000 of the general fund--state fiscal year 1999 appropriation are provided solely as a grant for the community connections program in Walla Walla county. (11) $300,000 of the general fund--state fiscal year 1998 appropriation and $300,000 of the general fund--state fiscal year 1999 appropriation are provided solely to contract with the Washington state association of court-appointed special advocates/guardians ad litem (CASA/GAL) to establish pilot programs in three counties to recruit additional community volunteers to represent the interests of children in dependency proceedings. Of this amount, a maximum of $30,000 shall be used by the department to contract for an evaluation of the effectiveness of CASA/GAL in improving outcomes for dependent children. The evaluation shall address the cost-effectiveness of CASA/GAL and to the extent possible, identify savings in other programs of the state budget where the savings resulted from the efforts of the CASA/GAL volunteers. The department shall report to the governor and legislature by October 15, 1998. (12) $75,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for state sponsorship of the "BIO 99" international biotechnology conference and exhibition in the Seattle area in 1999. (13) $821,000 of the general fund--state appropriation for fiscal year 1998, $821,000 of the general fund--state appropriation for fiscal year 1999, and $1,101,000 of the administrative contingency account appropriation are provided solely for contracting with associate development organizations. (14) $60,000 of the general fund--state appropriation for fiscal year 1998 and $60,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for implementation of the Puget Sound work plan action item DCTED-01. NEW SECTION. Sec. 126. FOR THE ECONOMIC AND REVENUE FORECAST COUNCILGeneral Fund Appropriation (FY 1998). . . . . .. . . . . . . . . . . . . $452,000General Fund Appropriation (FY 1999)$453,000TOTAL APPROPRIATION$905,000NEW SECTION. Sec. 127. FOR THE OFFICE OF FINANCIAL MANAGEMENTGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$ 10,333,000General Fund--State Appropriation (FY 1999) $10,054,000General Fund--Federal Appropriation$23,331,000TOTAL APPROPRIATION$43,718,000The appropriations in this section are subject to the following conditions and limitations: (1) $125,000 of the general fund--state fiscal year 1998 appropriation and $125,000 of the general fund--state fiscal year 1999 appropriation are provided solely to implement Substitute House Bill No. 1698 (K-20 telecommunications network). If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse. (2) $230,000 of the general fund--state fiscal year 1998 appropriation and $213,000 of the general fund--state fiscal year 1999 appropriation are provided solely to implement Engrossed Second Substitute House Bill No. 1032 (regulatory reform). If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse. NEW SECTION. Sec. 128. FOR THE OFFICE OF ADMINISTRATIVE HEARINGSAdministrative Hearings Revolving Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $19,615,000NEW SECTION. Sec. 129. FOR THE DEPARTMENT OF PERSONNELDepartment of Personnel Service Account Appropriation$16,498,000Higher Education Personnel Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$ 1,632,000TOTAL APPROPRIATION$18,130,000The 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 department of personnel service account appropriation contains sufficient funds to continue the employee exchange program with the Hyogo prefecture in Japan. (4) $500,000 of the department of personnel service account appropriation is provided solely for the career transition program to assist state employees who are separated or are at risk of lay-off due to reduction-in-force. Services shall include employee retraining and career counseling. (5) $800,000 of the department of personnel service account appropriation is provided solely for the human resource data warehouse to: Expand the type and amount of information available on the state-wide work force; and to provide the office of financial management, legislature, and state agencies with direct access to the data for policy and planning purposes. The department of personnel shall establish uniform reporting procedures by June 30, 1998, applicable to all state agencies and higher education institutions, for reporting data to the data warehouse. The department of personnel will report quarterly to the legislative fiscal committees, the information services board, and the office of information technology oversight of the department of information services on the following items: (a) The number of state agencies that have received access to the data warehouse; (b) the change in requests for downloads from the mainframe computer by agencies with access to the data warehouse; and (c) a summary of customer feedback from agencies with access to the data warehouse. Authority to expend this amount is conditioned on compliance with section 902 of this act. (6) The department of personnel has the authority to charge agencies for expenses associated with converting its payroll/personnel computer system to accommodate the year 2000 date change. Funding to cover these expenses shall be realized from the agency FICA savings associated with the pretax benefits contributions plan. (7) The department of personnel shall charge all administrative services costs incurred by the department of retirement systems for the deferred compensation program. The billings to the department of retirement systems shall be for actual costs only. NEW SECTION. Sec. 130. FOR THE WASHINGTON STATE LOTTERYIndustrial Insurance Premium Refund Appropriation. . . . . . . . . . . .. . . . . . . . . . . . $9,000Lottery Administrative Account Appropriation$19,970,000TOTAL APPROPRIATION$19,979,000NEW SECTION. Sec. 131. FOR THE COMMISSION ON HISPANIC AFFAIRSGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $199,000General Fund Appropriation (FY 1999) $208,000TOTAL APPROPRIATION $407,000NEW SECTION. Sec. 132. FOR THE COMMISSION ON AFRICAN-AMERICAN AFFAIRSGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $170,000General Fund Appropriation (FY 1999 $168,000TOTAL APPROPRIATION $338,000NEW SECTION. Sec. 133. FOR THE PERSONNEL APPEALS BOARDDepartment of Personnel Service Account Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $1,539,000NEW SECTION. Sec. 134. FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--OPERATIONSDependent Care Administrative Account Appropriation. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $357,000Department of Retirement Systems Expense Account Appropriation $31,418,000TOTAL APPROPRIATION $31,775,000The appropriations in this section are subject to the following conditions and limitations: (1) $1,373,000 of the department of retirement systems expense account appropriation is provided solely for the information systems project known as the electronic document image management system. Authority to expend this amount is conditioned on compliance with section 902 of this act. (2) $1,259,000 of the department of retirement systems expense account appropriation is provided solely for the information systems project known as the receivables management system. Authority to expend this amount is conditioned on compliance with section 902 of this act. (3) The department of retirement systems shall complete a study examining whether it would be cost-effective to contract out the administration functions for the dependent care assistance program and shall report to the fiscal committees of the legislature by December 15, 1997. NEW SECTION. Sec. 135. FOR THE STATE INVESTMENT BOARDState Investment Board Expense Account Appropriation. . . . . . . . . . . .. . . . . . . . . . . . . $10,324,000NEW SECTION. Sec. 136. FOR THE DEPARTMENT OF REVENUEGeneral Fund Appropriation (FY 1998)$66,050,000General Fund Appropriation (FY 1999). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65,874,000Timber Tax Distribution Account Appropriation$4,780,000Waste Reduction/Recycling/Litter Control Appropriation$100,000State Toxics Control Account Appropriation . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$67,000Solid Waste Management Account Appropriation$92,000Oil Spill Administration Account Appropriation$TOTAL APPROPRIATION$136,977,000The appropriations in this section are subject to the following conditions and limitations: (1) $1,540,000 of the general fund appropriation for fiscal year 1998 and $1,710,000 of the general fund appropriation for fiscal year 1999 are provided solely for senior citizen property tax deferral distribution. (2) $225,000 of the general fund appropriation for fiscal year 1998 and $225,000 of the general fund appropriation for fiscal year 1999 are provided solely for implementation of Engrossed Second Substitute House Bill No. 1032 (regulatory reform). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse. (3) $71,000 of the general fund appropriation for fiscal year 1998 is provided solely for implementation of Engrossed Substitute House Bill No. 1283 (economic development programs). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse. (4) $200,000 of the general fund appropriation for fiscal year 1998 is provided solely for implementation of Engrossed Second Substitute House Bill No. 1327 (sales tax collection reimbursement). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse. (5) $53,000 of the general fund appropriation for fiscal year 1998 and $53,000 of the general fund appropriation for fiscal year 1999 are provided solely for implementation of Substitute House Bill No. 1346 (electricity use tax). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse. (6) $44,000 of the general fund appropriation for fiscal year 1998 is provided solely for implementation of House Bill No. 1689 (small business tax relief). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse. (7) $70,000 of the general fund appropriation for fiscal year 1998 is provided solely for implementation of Second Substitute House Bill No. 2080 (agriculture land classification). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse. (8) $304,000 of the general fund appropriation for fiscal year 1998 and $226,000 of the general fund appropriation for fiscal year 1999 are provided solely for implementation of Senate Bill No. 5835 (property tax limitation). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse. (9) Within the amounts appropriated in this section the department shall conduct a study identifying the impacts of exempting all shellfish species from the tax imposed on enhanced food fish under chapter 82.27 RCW. The study shall include an estimate of the fiscal impacts to state revenues as well as an examination of how such an exemption would impact shellfish-based industries and communities where shellfish-based industries are located. The department shall complete this study and report its findings to the legislature by December 1, 1997.
NEW SECTION. Sec. 137. FOR THE BOARD OF TAX APPEALSGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . $885,000General Fund Appropriation (FY 1999)$889,000TOTAL APPROPRIATION$1,774,000NEW SECTION. Sec. 138. FOR THE MUNICIPAL RESEARCH COUNCILGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$1,651,000General Fund Appropriation (FY 1999)$1,743,000TOTAL APPROPRIATION$3,394,000NEW SECTION. Sec. 139. FOR THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISESOMWBE Enterprises Account Appropriation. . . . . . . .. . .. . . . . . . . . . . . . $2,369,000NEW SECTION. Sec. 140. FOR THE DEPARTMENT OF GENERAL ADMINISTRATIONGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,277,000General Fund--State Appropriation (FY 1999) $1,278,000General Fund--Federal Appropriation $2,403,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $400,000Motor Transport Account Appropriation $14,122,000Air Pollution Control Account Appropriation $391,000General Administration Facilities and Services Revolving Account Appropriation. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $22,326,000Central Stores Revolving Account Appropriation $3,316,000Energy Efficiency Services Account Appropriation $180,000Risk Management Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,328,000TOTAL APPROPRIATION $48,021,000The appropriations in this section are subject to the following conditions and limitations:(1) $1,000,000 of the general fund--state appropriation for fiscal year 1998 and $1,000,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the purchase of food for distribution to the state's food bank network. (2) The World War II memorial shall be sited at the location selected by the World War II advisory committee: Immediately south of Columbia Street and 11th Avenue axial on the West Capital Campus. (3) The department shall adjust its agency billing rates for purposes of the liability account to reflect savings expected to occur from House Bill No. 1001 (interest on tort judgments). If the bill is not enacted by June 30, 1997, this subsection is null and void. (4) The department shall not purchase any travel product for any state employee or state official from a vendor who is not a Washington-based seller of travel licensed under chapter 19.138 RCW. (5) The department shall study the state motor pool vehicle fleet to develop a plan for meeting and exceeding the minimum vehicle mileage standards established by the federal government. The department shall report its findings and conclusions to the appropriate legislative committees by December 1, 1997. (6) The department shall sell all surplus motor pool fleet vehicles and shall contract out for the reconditioning, transport, and delivery of the vehicles prior to their sale at auction. NEW SECTION. Sec. 141. FOR THE DEPARTMENT OF INFORMATION SERVICESData Processing Revolving Account Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,577,000K-20 Technology Account Appropriation $37,728,000State Building Construction Account Appropriation $6,300,000TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $47,605,000The appropriations in this section are subject to the following conditions and limitations:(1) The department shall expend up to $600,000 from the nonappropriated data processing revolving account to provide equipment and software enhancements to make the Washington information network kiosks accessible to people with visual and hearing disabilities. (2) The department shall provide a toll-free telephone number and operator service staff for the general public to call for information about state agencies. The department may provide such staff, equipment, and facilities as are necessary for this purpose. The director shall adopt rules to fix terms and charges for these services. All state agencies and the legislature shall participate in the information program and shall reimburse the department of information services in accordance with rules established by the director. The department shall also provide conference calling services for state and other public agencies on a fee-for-service basis. (3) $35,728,000 of the K-20 technology account appropriation shall be expended in accordance with the expenditures authorized by the K-20 telecommunications oversight and policy committee as modified by the provisions of Substitute House Bill No. 1698 (K-20 telecommunications network). If the bill is not enacted by June 30, 1997, the amount in this subsection shall lapse. NEW SECTION. Sec. 142. FOR THE INSURANCE COMMISSIONERGeneral Fund--Federal Appropriation. . . . . .. . . . . . . . . . . . . $106,000Insurance Commissioners Regulatory Account Appropriation $22,857,000TOTAL APPROPRIATION $22,963,000The appropriations in this section are subject to the following conditions and limitations: (1) $532,000 of the insurance commissioner's regulatory account appropriation is provided solely for the expenditure of funds received under the consent order with the Prudential insurance company. These funds are provided solely for implementing the Prudential remediation and for examinations of the Prudential company. (2) $375,000 of the insurance commissioner's regulatory account appropriation is provided solely to implement Engrossed Second Substitute House Bill No. 1032 (regulatory reform). If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse. (3) $164,000 of the insurance commissioner's regulatory account appropriation is provided solely to implement Substitute House Bill No. 1387 (basic health plan benefits). If the bill is not enacted by June 30, 1997, the amount in this subsection shall lapse. (4) $298,000 of the insurance commissioner's regulatory account appropriation is provided solely for technology improvements that will support the electronic filing of insurance rates and contracts and enable regulators and the industry to share information about licensed agents to protect the public from fraudulent sales practices. NEW SECTION. Sec. 143. FOR THE BOARD OF ACCOUNTANCYCertified Public Accountants' Account Appropriation. . . . . . . . . . . . . . . .. . . . . . . . . . . . $981,000NEW SECTION. Sec. 144. FOR THE FORENSIC INVESTIGATION COUNCILDeath Investigations Account Appropriation$12,000NEW SECTION. Sec. 145. FOR THE HORSE RACING COMMISSIONHorse Racing Commission Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4,835,000NEW SECTION. Sec. 146. FOR THE LIQUOR CONTROL BOARDGeneral Fund Appropriation (FY 1998) $1,728,000General Fund Appropriation (FY 1999). . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,367,000Liquor Control Board Construction and Maintenance Account Appropriation $9,787,000Liquor Revolving Account Appropriation $120,992,000TOTAL APPROPRIATION $133,874,000The appropriations in this section are subject to the following conditions and limitations:(1) $1,250,000 of the liquor revolving account appropriation is provided solely for the agency information technology upgrade. This item is conditioned on satisfying the requirements of section 902 of this act, including the development of a project management plan, a project schedule, a project budget, a project agreement, and incremental funding based on completion of key milestones. (2) $1,728,000 of the general fund fiscal year 1998 appropriation and $1,367,000 of the general fund fiscal year 1999 appropriation are provided solely for implementation of House Bill No. 2272 (cigarette and tobacco enforcement). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse. NEW SECTION. Sec. 147. FOR THE UTILITIES AND TRANSPORTATION COMMISSIONPublic Service Revolving Account--State Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$24,441,000Public Service Revolving Account--Federal Appropriation$292,000TOTAL APPROPRIATION $24,733,000NEW SECTION. Sec. 148. FOR THE BOARD FOR VOLUNTEER FIRE FIGHTERSVolunteer Firefighters' Relief & Pension Administrative Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $529,000NEW SECTION. Sec. 149. FOR THE MILITARY DEPARTMENTGeneral Fund--State Appropriation (FY 1998)$9,251,000General Fund--State Appropriation (FY 1999). . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$9,169,000General Fund--Federal Appropriation $28,117,000General Fund--Private/Local Appropriation$238,000Enhanced 911 Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $26,782,000Disaster Response Account--State Appropriation $23,708,000Disaster Response Account--Federal Appropriation $93,829,000TOTAL APPROPRIATION. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$191,094,000The appropriations in this section are subject to the following conditions and limitations:(1) $1,100,000 of the general fund--state appropriation for fiscal year 1998 and $1,015,000 of the general fund--state appropriation for fiscal year 1999 are appropriated to the disaster response account to pay for costs associated with FEMA approved natural disasters. (2) $23,708,000 of the disaster response account--state appropriation is provided solely for the state share of response and recovery costs associated with federal emergency management agency (FEMA) Disaster Number 1079 (November/December 1995 storms), FEMA Disaster 1100, (February 1996 floods), FEMA Disaster 1152 (November 1996 Ice Storm), FEMA Disaster 1159 (December 1996 Holiday Storm), and to assist local governmental entities with the match necessary to earn FEMA funds for the February 1996 floods. NEW SECTION. Sec. 150. FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSIONGeneral Fund Appropriation (FY 1998). . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$1,773,000General Fund Appropriation (FY 1999)$1,768,000TOTAL APPROPRIATION$3,541,000NEW SECTION. Sec. 151. FOR THE GROWTH PLANNING HEARINGS BOARDGeneral Fund Appropriation (FY 1998). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$1,384,000NEW SECTION. Sec. 152. FOR THE STATE CONVENTION AND TRADE CENTERState Convention and Trade Center Operating Account Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$ 27,175,000PART IIHUMAN SERVICESNEW SECTION. Sec. 201. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES. (1) Appropriations made in this act to the department of social and health services shall initially be allotted as required by this act. Subsequent allotment modifications shall not include transfers of moneys between sections of this act except as expressly provided in this act, nor shall allotment modifications permit moneys that are provided solely for a specified purpose to be used for other than that purpose. (2) The department of social and health services shall not initiate any services that 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 213 of this act shall be expended for the programs and in the amounts listed in those sections. NEW SECTION. Sec. 202. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--CHILDREN AND FAMILY SERVICES PROGRAMGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$184,043,000General Fund--State Appropriation (FY 1999)$189,960,000General Fund--Federal Appropriation $240,120,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$400,000Violence Reduction and Drug Enforcement Account Appropriation $7,086,000TOTAL APPROPRIATION $21,609,000The appropriations in this section are subject to the following conditions and limitations: (1) $18,242,000 of the general fund--state appropriation for fiscal year 1998 and $20,444,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for purposes consistent with the maintenance of effort requirements under the federal temporary assistance for needy families program established under P.L. 104-193. (2) $580,000 of the general fund--state appropriation for fiscal year 1998 and $580,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for development and expansion of child care training requirements and optional training programs. The department shall adopt rules to require annual training in early childhood development of all directors, supervisors, and lead staff at child care facilities. Directors, supervisors, and lead staff at child care facilities include persons licensed as family child care providers, and persons employed at child care centers or school age child care centers. The department shall establish a program to fund scholarships and grants to assist persons in meeting these training requirements. The department shall also develop criteria for approving training programs and establish a system for tracking who has received the required level of training. In adopting rules, developing curricula, setting up systems and administering scholarship programs, the department shall consult with the child care coordinating committee and other community stakeholders. (3) The department shall provide a report to the legislature by November 1997 on the growth in additional rates paid to foster parents beyond the basic monthly rate. This report shall explain why exceptional, personal, and special rates are being paid for an increasing number of children and why the amount paid for these rates per child has risen in recent years. This report must also recommend methods by which the legislature may improve the current foster parent compensation system, allow for some method of controlling the growth in costs per case, and improve the department's and the legislature's ability to forecast the program's needs in future years. (4) $208,000 of the general fund--state appropriation for fiscal year 1998 and $174,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the implementation of Engrossed Second Substitute House Bill No. 1938 (at-risk youth). The amounts in this subsection are provided for attorney general billings associated with the defense of vendors of secure facility services and for the implementation of rules regarding income, resources, and exemptions to determine a parent's ability to pay for a child's treatment at a secure facility. If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse. (5) $3,000,000 of the violence reduction and drug enforcement account appropriation and $9,275,000 of the general fund--federal appropriation are provided solely to fund the provisions of Second Substitute House Bill No. 1864 (drug and alcohol-positive infants). Amounts in this subsection shall be used to intervene in those cases where the child is at-risk of an out-of-home placement due to the mother's use of illegal drugs or alcohol. The department shall contract for: (a) Additional drug treatment for mothers giving birth to drug addicted babies; (b) medically supervised drug withdrawal for drug addicted babies; and (c) additional out-of-home placements required for drug addicted babies. If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse. (6) $2,200,000 of the general fund--state appropriation for fiscal year 1998 and $2,200,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to fund continuum of care programs, street youth programs, and the provisions of Second Substitute House Bill No. 1862 (community-based alternative response system). Amounts provided in this subsection to implement Second Substitute House Bill No. 1862 must be used to serve families who are screened from the child protective services risk assessment process. Services shall be provided through contracts with community-based organizations. The department is encouraged to seek additional federal Title-IV A funding to implement the provisions of Second Substitute House Bill No. 1862. If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse. (7) $594,000 of the general fund--state appropriation for fiscal year 1998, $556,000 of the general fund--state appropriation for fiscal year 1999, and $290,000 of the general fund--federal appropriation are provided solely to fund the provisions of Engrossed Second Substitute House Bill No. 2046 (foster parent liaison). The department shall establish a foster parent liaison in each department of social and health services region of the state and contract with a private provider to implement a recruitment and retention program for foster parents and adoptive families. The department shall provide a minimum of two hundred additional adoptive and foster home placements by June 30, 1998. If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse. (8) $150,000 of the general fund--state appropriation for fiscal year 1998, $150,000 of the general fund--state appropriation for fiscal year 1999, and $854,000 of the general fund--federal 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. (9) $2,745,000 of the general fund--state appropriation for fiscal year 1998, $2,745,000 of the general fund--state appropriation for fiscal year 1999, and $1,944,000 of the general fund--federal appropriation are provided solely for the category of services titled "intensive family preservation services."
NEW SECTION. Sec. 203. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--JUVENILE REHABILITATION PROGRAM (1) COMMUNITY SERVICESGeneral Fund--State Appropriation (FY 1998). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$34,058,000General Fund--State Appropriation (FY 1999)$33,361,000General Fund--Federal Appropriation $15,870,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$378,000Violence Reduction and Drug Enforcement AccountAppropriation $8,633,000TOTAL APPROPRIATION $92,300,000The appropriations in this subsection are subject to the following conditions and limitations: (a) $2,250,000 of the general fund--state appropriation for fiscal year 1998 and $2,350,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for an early intervention program to be administered at the county level. Moneys shall be awarded on a competitive basis to counties that 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 a timeline for awarding funding and shall assist counties in creating and submitting plans for evaluation. (b) $2,442,000 of the violence reduction and drug enforcement appropriation is provided solely to implement alcohol and substance abuse treatment for locally committed offenders. The juvenile rehabilitation administration shall award these moneys on a competitive basis to counties that have submitted a plan for the provision of treatment services approved by the division of alcohol and substance abuse. The juvenile rehabilitation administration shall develop criteria for evaluation of plans submitted and a timeline for awarding funding and shall assist counties in creating and submitting plans for evaluation. If Engrossed Third Substitute House Bill No. 3900 (juvenile code revisions) is not enacted by June 30, 1997, the amounts provided in this subsection (1)(b) shall lapse. (c) $4,488,000 of the general fund--state appropriation for fiscal year 1998 and $4,923,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to reimburse counties for the impact of Engrossed Third Substitute House Bill No. 3900 (juvenile code revisions). The juvenile rehabilitation administration shall distribute these funds to counties as prescribed in the current consolidated juvenile services (CJS) formula. If the bill is not enacted by June 30, 1997, the amounts provided in this subsection (1)(c) shall lapse. (d) $1,235,000 of the general fund--state fiscal year 1998 appropriation and $1,618,000 of the general fund--state fiscal year 1999 appropriation are appropriated to the county criminal justice assistance account solely for the implementation of section 6 of Engrossed Third Substitute House Bill No. 3900 (juvenile code revisions). If section 6 of the bill is not enacted by June 30, 1997, the amount provided in this subsection (1)(d) shall lapse. The amount provided in this subsection is intended to provide funding for county adult court and jail costs associated with the implementation of Engrossed Third Substitute House Bill No. 3900, and shall be distributed in accordance with RCW 82.14.310. (e) $25,000 of the general fund--state appropriation for fiscal year 1998 and $25,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to reimburse counties for the cost of juvenile detention time imposed for contempt of court for truancy. The department shall provide reimbursement to the juvenile courts on a quarterly basis. Reimbursement shall be made to juvenile courts at the rate of $94 per day and in total shall not exceed the amounts provided in this section. (2) INSTITUTIONAL SERVICESGeneral Fund--State Appropriation (FY 1998).. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$ 46,899,000General Fund--State Appropriation (FY 1999)$44,747,000General Fund--Private/Local Appropriation$727,000Violence Reduction and Drug Enforcement Account Appropriation. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 11,601,000TOTAL APPROPRIATION$103,974,000The appropriations in this subsection are subject to the following conditions and limitations: $24,000 of the general fund--state appropriation for fiscal year 1998, $640,000 of the general fund--state appropriation for fiscal year 1999, and $8,000 of the general fund--local appropriation are provided solely to implement the provisions of Substitute House Bill No. 1522 (criminal street gang activity). If the bill is not enacted by June 30, 1997, these amounts shall lapse. (3) PROGRAM SUPPORTGeneral Fund--State Appropriation (FY 1998). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,619,000General Fund--State Appropriation (FY 1999)$1,526,000General Fund--Federal Appropriation $153,000Violence Reduction and Drug Enforcement Account Appropriation. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$ 421,000TOTAL APPROPRIATION$3,719,000The appropriations in this subsection are subject to the following conditions and limitations: Within the amounts provided in this subsection, the juvenile rehabilitation administration (JRA) shall develop by January 1, 1998, a staffing model for noncustody functions at JRA institutions and work camps. The models should, whenever possible, reflect the most efficient practices currently being used within the system. NEW SECTION. Sec. 204. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MENTAL HEALTH PROGRAM (1) COMMUNITY SERVICES/REGIONAL SUPPORT NETWORKSGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$167,854,000General Fund--State Appropriation (FY 1999)$171,358,000General Fund--Federal Appropriation $296,006,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4,000,000TOTAL APPROPRIATION $639,218,000The appropriations in this subsection are subject to the following conditions and limitations:(a) Regional support networks shall implement working agreements with the vocational rehabilitation program that will maximize the use of federal funding for vocational programs. (b) $277,000 of the general fund--state appropriation for fiscal year 1998 and $555,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for performance incentives to the western Washington regional support networks in recognition of their successful efforts to reduce use of Western State Hospital. The regional support networks shall decide among themselves, in consultation with the department, how to most equitably and effectively distribute these amounts, either for additional community services, or to maintain capacity at the state hospital. (c) Within the general fund--state appropriations in this subsection, the secretary of social and health services shall ensure that regional support networks reimburse the aging and adult services program for the general fund--state cost of medicaid personal care services that enrolled regional support network consumers use because of their psychiatric disability. (d) $2,413,000 of the general fund--state appropriation for fiscal year 1998, $2,393,000 of the general fund--state appropriation for fiscal year 1999, and $5,194,000 of the general fund--federal appropriation are provided solely to directly reimburse eligible providers for the medicaid share of mental health services provided to persons eligible for both medicaid and medicare. To be reimbursed, the service must be covered by and provided in accordance with the state medicaid plan. (e) At least thirty 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 SERVICESGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$59,858,000General Fund--State Appropriation (FY 1999)$59,391,000General Fund--Federal Appropriation $124,811,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$30,722,000TOTAL APPROPRIATION $274,782,000The appropriations in this subsection are subject to the following conditions and limitations:(a) 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. (b) The mental heath program at Western State Hospital shall continue to utilize labor provided by the Tacoma prerelease program of the department of corrections. (3) CIVIL COMMITMENTGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,423,000General Fund Appropriation (FY 1999)$6,082,000TOTAL APPROPRIATION$11,505,000(4) SPECIAL PROJECTSGeneral Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,826,000(5) PROGRAM SUPPORTGeneral Fund--State Appropriation (FY 1998)$2,560,000General Fund--State Appropriation (FY 1999)$2,395,000General Fund--Federal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,111,000TOTAL APPROPRIATION$8,066,000The appropriations in this subsection are subject to the following conditions and limitations: $60,000 of the general fund--state appropriation for fiscal year 1998 is provided solely to increase the department's capacity to carry out legislative intent set forth in RCW 71.24.400 through 71.24.415. To facilitate this activity, the secretary will appoint an oversight committee of project stakeholders including representatives from: Service providers, mental health regional support networks, department's mental health division, department's division of alcohol and substance abuse, department's division of children and family services, and the department's medical assistance administration. The oversight group shall continue to seek ways to streamline service delivery as set forth in RCW 71.24.405 until at least July 1, 1998. NEW SECTION. Sec. 205. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--DEVELOPMENTAL DISABILITIES PROGRAM (1) COMMUNITY SERVICESGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$144,916,000General Fund--State Appropriation (FY 1999)$147,599,000General Fund--Federal Appropriation$199,227,000Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,695,000TOTAL APPROPRIATION$493,437,000The appropriations in this section are subject to the following conditions and limitations:(a) $1,695,000 of the health services account appropriation and the associated general fund--federal match are 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. Enrollment in the basic health plan for home care 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 were identified by the department to have been previously appropriated for health benefits coverage, to the extent that these funds had not been contractually obligated for worker wage increases prior to March 1, 1996. (b) $365,000 of the general fund--state appropriation for fiscal year 1998 and $1,543,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for employment, or other day activities and training programs, for young people who complete their high school curriculum in 1997 or 1998. (c) $23,663,000 of the general fund--state appropriation for fiscal year 1998 and $25,865,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to deliver personal care services to an average of 6,650 children and adults in fiscal year 1998 and an average of 7,500 children and adults in fiscal year 1999. If the secretary of social and health services determines that either total expenditures or the average expenditure per recipient are likely to exceed these appropriated amounts, the secretary shall take action as required by RCW 74.09.520 to adjust functional eligibility standards and/or service levels sufficiently to maintain expenditures within appropriated levels. Such action may include the adoption of emergency rules and shall not be taken to the extent that projected over expenditures are offset by under expenditures elsewhere within the program's general fund--state appropriation. (d) $197,000 of the general fund--state appropriation for fiscal year 1998 and $197,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to contract with Washington initiative for supported employment for the purpose of continuing the promotion of supported employment services for persons with disabilities. (2) INSTITUTIONAL SERVICESGeneral Fund--State Appropriation (FY 1998). . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$63,670,000General Fund--State Appropriation (FY 1999)$62,893,000General Fund--Federal Appropriation$142,480,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$9,729,000TOTAL APPROPRIATION$278,772,000(3) PROGRAM SUPPORTGeneral Fund--State Appropriation (FY 1998)$2,543,000General Fund--State Appropriation (FY 1999). . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,517,000General Fund--Federal Appropriation$1,645,000TOTAL APPROPRIATION$6,705,000(4) SPECIAL PROJECTSGeneral Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$12,030,000NEW SECTION. Sec. 206. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--AGING AND ADULT SERVICES PROGRAMGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$ 394,384,000General Fund--State Appropriation (FY 1999)$421,620,000General Fund--Federal Appropriation$886,256,000Health Services Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$6,087,000TOTAL APPROPRIATION$1,708,347,000The appropriations in this section are subject to the following conditions and limitations:(1) The entire health services account appropriation and the associated general fund--federal match are 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. Enrollment in the basic health plan for home care 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 were identified by the department to have been previously appropriated for health benefits coverage, to the extent that these funds had not been contractually obligated for worker wage increases prior to March 1, 1996. (2)(a) The department shall establish a shadow case mix payment system to educate facilities about payment system alternatives. The department shall provide shadow rates beginning July 1, 1997, based on the following: (i) The direct care portion of the rate, usually called "nursing services," shall be set under a case mix methodology that classifies residents under the Resource Utilization Group III (RUG-III) Version 5.10 (or subsequent revision) 44 group index maximizing model based on the Minimum Data Set (MDS) Version 2.0. (ii) Payment to a facility shall be based on facility weighted average case mix data which provides one rate to a facility reflecting its mix of residents. For purposes of determining the facility's cost per case mix unit, the facility average case mix score will be based on the case mix of all residents. For purposes of determining the facility's payment rate, the facility average case mix score shall be based on the case mix of medicaid residents. (iii) The direct care rates shall be adjusted prospectively each quarter based on the facility's MDS 2.0 data from the quarter commencing six months preceding the rate effective date. For example, the MDSs for 1/1/97 - 3/31/97 shall be used to establish shadow rates for 7/1/97 - 9/30/97. (iv) Those costs which currently comprise nursing services as defined by chapter 74.46 RCW, excluding therapies, shall be included in the direct care component for case mix. (v) Data from 1994 cost reports (allowable and audited costs) shall be used to establish the shadow rates. The costs shall be inflated comparable to fiscal year 1998 payment rates, according to RCW 74.46.420. (vi) Separate prices, ceilings, and corridors shall be established for the peer groups of metropolitan statistical area and nonmetropolitan statistical area. (b) The following methods shall be used to establish the shadow case mix rates: (i) A pricing system in which payment to a facility shall be based on a price multiplied by each facility's medicaid case mix. The price, per peer group, shall be established at the median direct care cost per case mix unit. (ii) A cost-based system in which payment to a facility shall be the facility's allowable cost per case mix unit adjusted for case mix up to a ceiling. The ceiling, per peer group, shall be established at the median direct care cost per case mix unit. (iii) A pricing system in which payment to a facility shall be based on a price multiplied by each facility's medicaid case mix. The price, per peer group, shall be established at 115 percent of the median direct care cost per case mix unit. (iv) A cost-based system in which payment to a facility shall be the facility's allowable cost per case mix unit, adjusted for case mix up to a ceiling. The ceiling, per peer group, shall be established at 115 percent of the median direct care cost per case mix unit. (v) A corridor-based system in which payment to a facility shall be the facility's allowable cost per case mix unit adjusted for case mix up to the ceiling and no less than a floor. The floor, per peer group, shall be established at 90 percent of the median direct care cost per case mix unit. The ceiling, per peer group, shall be established at 115 percent of the median direct care cost per case mix unit. (c) The revised reimbursement system shall consider flat rates for the reimbursement of administrative, operational, and food costs. The rates shall either be based on actual allowable expenditures, limited by a median plus percentage lid, or a price based on a percentage of the median industry-wide indirect care costs. Payments based on at least two percentages shall be modeled for both peer groups; metropolitan statistical area and nonmetropolitan statistical area. (d) For the purpose of forecasting the total costs of the case mix shadow rates and the indirect care rates, as described in parts (b) and (c) of this subsection, for the next two fiscal years the department shall assume: The base costs for both direct and indirect costs shall be recalculated on a biennial basis, with the initial July 1, 1998, rates based on calendar year 1997 desk reviewed reported allowable facility costs; payments shall be prospective with no settlement; the current reimbursement system for payment of the capital component of the rate shall be used; and the health care financing administration nursing home input price index, excluding capital costs, taken from the previous calendar year shall be used to forecast and set initial rates and shall be used to forecast and set the second year rates of each two-year cycle. (e) The department shall provide all data, information, and specifications of the methods used in establishing the shadow case mix rates to the nursing home provider associations. (3) $1,277,000 of the general fund--state appropriation for fiscal year 1998 and $1,277,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for operation of the volunteer chore program. (4) $111,261,000 of the general fund--state appropriation for fiscal year 1998 and $124,539,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to deliver chore, COPES, and medicaid personal care services to an average of 25,900 persons in fiscal year 1998 and an average of 29,200 persons in fiscal year 1999. If the secretary of social and health services determines that either total expenditures or the average expenditure per recipient are likely to exceed these appropriated amounts, the secretary shall take action as required by RCW 74.09.520, 74.39A.120, and 74.09.530 to adjust functional eligibility standards and/or service levels sufficiently to maintain expenditures within appropriated levels. Such action may include the adoption of emergency rules. (5) A maximum of $2,259,000 of the general fund--state appropriation for fiscal year 1998 and $2,422,000 of the general fund--federal appropriation for fiscal year 1998 is provided to fund the medicaid share of any new prospective payment rate adjustments as may be necessary in accordance with RCW 74.46.460. NEW SECTION. Sec. 207. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ECONOMIC SERVICES PROGRAMGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$533,525,000General Fund--State Appropriation (FY 1999)$514,907,000General Fund--Federal Appropriation$950,095,000TOTAL APPROPRIATION$1,998,527,000The appropriations in this section are subject to the following conditions and limitations: (1) General assistance-unemployable recipients who are assessed as needing alcohol or drug treatment shall be assigned a protective payee to prevent the diversion of cash assistance toward purchasing alcohol or other drugs. (2) The legislature finds that, with the passage of the federal personal responsibility and work opportunity act and Engrossed House Bill No. 3901, the temporary assistance for needy families is no longer an entitlement. The legislature declares that the currently appropriated level for the program is sufficient for the next few budget cycles. To the extent, however, that currently appropriated amounts exceed costs during the 1997-99 biennium, the legislature finds that these amounts may be of use in future biennia if the economy cannot absorb public assistance recipients into the workforce. $24,000,000 of the general fund--federal appropriation is provided solely for the provision of grants and work preparation and support services to eligible families during a state-wide economic downturn. These funds shall be held in reserve by the office of financial management until such time as the economic and revenue forecast council certifies to the director of financial management that the state is experiencing an economic downturn. For the purposes of this section, the economic and revenue forecast council, at its four times yearly meetings, shall determine whether the state is in an economic downturn and shall certify to the director of financial management whether the funds provided in this section may be approved for allotment. The economic and revenue forecast council shall only perform this function if the funds provided in this section have not lapsed or been expended. If section 323 of Engrossed House Bill No. 3901 is not enacted into law by June 30, 1997, the amount appropriated in this subsection shall lapse. (3) $485,000 of the general fund--state fiscal year 1998 appropriation, $3,186,000 of the general fund--state fiscal year 1999 appropriation, and $3,168,000 of the general fund--federal appropriation are provided solely to continue to implement the previously competitively procured electronic benefits transfer system through the Western States EBT Alliance for distribution of cash grants and food stamps so as to meet the requirements of P.L. 104-193. NEW SECTION. Sec. 208. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ALCOHOL AND SUBSTANCE ABUSE PROGRAMGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$14,317,000General Fund--State Appropriation (FY 1999)$14,179,000General Fund--Federal Appropriation$82,209,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$630,000Violence Reduction and Drug Enforcement AccountAppropriation$67,247,000TOTAL APPROPRIATION$178,582,000The appropriations in this section are subject to the following conditions and limitations: (1) $2,062,000 of the general fund--federal appropriation and $7,482,000 of the violence reduction and drug enforcement account appropriation are 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) $1,902,000 of the general fund--state fiscal year 1998 appropriation, $1,902,000 of the general fund--state fiscal year 1999 appropriation, and $1,592,000 of the general fund--federal appropriation are provided solely for alcohol and substance abuse assessment, treatment, including treatment for drug-affected infants and toddlers, 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. 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. (3) $1,360,000 of the violence reduction and drug enforcement account appropriation and $1,712,000 of the general fund--federal appropriation are provided solely for the birth to three program at the University of Washington to provide services in four sites. The program shall coordinate with the department of health to operate a pilot program at one site that uses the service delivery model described by Substitute House Bill No. 1616 (maternity care access) and that works with clients served by the first steps program. NEW SECTION. Sec. 209. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MEDICAL ASSISTANCE PROGRAMGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . $683,904,000General Fund--State Appropriation (FY 1999)$686,555,000General Fund--Federal Appropriation$2,035,273,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$223,900,000Health Services Account Appropriation$253,004,000TOTAL APPROPRIATION$3,882,636,000The 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. (2) 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. Funding is provided in this section to ensure continuation of Harborview's contributions in the state's health care system. (3) Funding is provided in this section for the adult dental program for Title XIX categorically eligible and medically needy persons. (4) $1,622,000 of the general fund--state appropriation for fiscal year 1998 and $1,622,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for treatment of low-income kidney dialysis patients. (5) The department shall employ the managed care contracting and negotiation strategies defined in House Bill No. 1161 (medical assistance managed) to assure that the average per-recipient cost of managed care services for the TANF, expansion, and supplemental security income populations increases by no more than two percent per year in calendar years 1998 and 1999. (6) The department shall seek federal approval to require adult medicaid recipients who are not elderly or disabled to contribute ten dollars per month toward the cost of their medical assistance coverage. The department shall report on the progress of this effort to the house of representatives and senate health care and fiscal committees by September 1 and November 15, 1997. (7) $80,000 of the general fund--state appropriation for fiscal year 1998, $80,000 of the general fund--state appropriation for fiscal year 1999, 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. (8) $338,000 of the general fund--state appropriation for fiscal year 1998 and $335,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to increase rates paid for air ambulance services. (9) $5,350,000 of the general fund--state appropriation for fiscal year 1998 and $5,350,000 of the general fund--state appropriation for fiscal year 1999 and $4,138,000 of the general fund--federal appropriation are provided solely for trauma care 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 at the medicaid rate or through a direct payment to government hospitals. To be eligible for this higher compensation, a trauma center must be designated a Level I through V trauma center. NEW SECTION. Sec. 210. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--VOCATIONAL REHABILITATION PROGRAMGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . .. . . . . . . . . . . . $8,649,000General Fund--State Appropriation (FY 1999)$8,585,000General Fund--Federal Appropriation$79,512,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,904,000TOTAL APPROPRIATION$99,650,000The appropriations in this section are subject to the following conditions and limitations:(1) The division of vocational rehabilitation shall negotiate cooperative interagency agreements with local organizations, including higher education institutions, mental health regional support networks, and county developmental disabilities programs, to improve and expand employment opportunities for people with severe disabilities served by those local agencies. (2) $363,000 of the general fund--state appropriation for fiscal year 1998, $506,000 of the general fund--state appropriation for fiscal year 1999, and $3,208,000 of the general fund--federal appropriation are provided solely for vocational rehabilitation services for individuals enrolled for services with the developmental disabilities program who complete their high school curriculum in 1997 or 1998. NEW SECTION. Sec. 211. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ADMINISTRATION AND SUPPORTING SERVICES PROGRAMGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$25,148,000General Fund--State Appropriation (FY 1999)$24,874,000General Fund--Federal Appropriation$41,760,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$270,000TOTAL APPROPRIATION$92,052,000The 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, 1997, and every six months thereafter during the 1997-99 fiscal biennium, 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) $336,000 of the general fund--state appropriation for fiscal year 1998, $289,000 of the general fund--state appropriation for fiscal year 1999, and $337,000 of the general fund--federal appropriation are provided solely for the implementation of Engrossed Second Substitute House Bill No. 1032 (regulatory reform). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse. (3) The department shall not expend any funding for staffing or publication of the sexual minority initiative. (4) $60,000 of the general fund--state appropriation for fiscal year 1998 is provided solely for a welfare fraud pilot program as described by House Bill No. 1822 (welfare fraud investigation). (5) The department shall transfer sufficient funds to the Washington state patrol to implement Substitute House Bill No. 1784 (public assistance fraud). NEW SECTION. Sec. 212. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--CHILD SUPPORT PROGRAMGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$21,078,000General Fund--State Appropriation (FY 1999)$20,763,000General Fund--Federal Appropriation$145,434,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$33,207,000TOTAL APPROPRIATION$220,482,000The 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 TANF 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. NEW SECTION. Sec. 213. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--PAYMENTS TO OTHER AGENCIES PROGRAMGeneral Fund--State Appropriation (FY 1998). . . . . . . . .. . .. . . . . . . . . . . . $47,637,000General Fund--State Appropriation (FY 1999)$47,717,000General Fund--Federal Appropriation$54,506,000Violence Reduction and Drug Enforcement Account Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$2,215,000Health Services Account Appropriation$1,669,000TOTAL APPROPRIATION$153,744,000The appropriations in this section are subject to the following conditions and limitations: $22,879,000 of the general fund--state appropriation for fiscal year 1998, $22,820,000 of the general fund--state appropriation for fiscal year 1999, $35,431,000 of the general fund--federal appropriation, $2,215,000 of the violence reduction and drug enforcement account, and $1,669,000 of the health services account are provided solely to increase the rates of contracted service providers. The department need not provide all vendors with the same percentage rate increase. Rather, the department is encouraged to use these funds to help assure an adequate supply of qualified vendors. Vendors providing services in markets where recruitment and retention of qualified providers is a problem may receive larger rate increases than other vendors. It is the legislature's intent that these amounts shall be used primarily to increase compensation for persons employed in direct, front-line service delivery. Any rate increases granted as a result of this section must be implemented so that the carry-forward costs into the 1999-01 biennium do not exceed the amounts provided in this subsection. Within thirty days of granting a vendor rate increase under this section, the department shall report the following information to the fiscal committees of the legislature: (1) The amounts and effective dates of any increases granted; (2) the process and criteria used to determine the increases; and (3) any data used in that process. NEW SECTION. Sec. 214. FOR THE STATE HEALTH CARE AUTHORITY
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,409,000General Fund--State Appropriation (FY 1999)$3,410,000State Health Care Authority AdministrationAccount Appropriation$14,727,000Health Services Account Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$294,301,000TOTAL APPROPRIATION$315,847,000The appropriations in this section are subject to the following conditions and limitations:(1) The general fund--state appropriations and $5,814,000 of the health services account appropriation are provided solely for health care services provided through local community clinics. (2) The health care authority shall use competitive contracting strategies, increase copay requirements, adjust state subsidy levels, and take other actions it deems necessary to assure that the funds appropriated in this section are sufficient to subsidize basic health plan enrollment for a monthly average of 132,500 persons during fiscal years 1998 and 1999. (3) The health care authority shall ensure that all persons who are eligible for the medical assistance program, pursuant to chapter 74.09 RCW, are fully enrolled in that program prior to coverage by the basic health plan. (4) Within funds appropriated in this section and sections 205 and 206 of this act, the health care authority shall continue to provide an enhanced basic health plan subsidy option for foster parents licensed under chapter 74.15 RCW and workers in state-funded homecare programs. Under this enhanced subsidy option, foster parents and homecare workers 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 ten dollars per covered worker per month. (5) The health care authority shall require organizations and individuals that are paid to deliver basic health plan services to contribute a minimum of fifty dollars per enrollee per month if the organization or individual chooses to sponsor an individual's enrollment in the subsidized basic health plan. (6) Funding provided in this section is sufficient to implement Second Substitute House Bill No. 1714 (basic health plan eligibility). If the bill is enacted by June 30, 1997, the health care authority shall include in its monthly reports the number of new enrollees made eligible by this legislation. (7) $150,000 of the health services account appropriation is provided solely to implement the provisions of Substitute House Bill No. 1805 (health care savings accounts). If this bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse. (8) The health care authority shall report to the fiscal committees of the legislature by December 1, 1997, on the number of basic health plan enrollees who are illegal aliens, but are not resident citizens, legal aliens, legal refugees, or legal asylees. NEW SECTION. Sec. 215. FOR THE HUMAN RIGHTS COMMISSIONGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . $2,023,000General Fund--State Appropriation (FY 1999)$2,039,000General Fund--Federal Appropriation$1,446,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$260,000TOTAL APPROPRIATION$5,768,000NEW SECTION. Sec. 216. FOR THE BOARD OF INDUSTRIAL INSURANCE APPEALSWorker and Community Right-to-Know Account Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$ 20,000Accident Account Appropriation$10,787,000Medical Aid Account Appropriation$10,789,000TOTAL APPROPRIATION$21,596,000NEW SECTION. Sec. 217. FOR THE CRIMINAL JUSTICE TRAINING COMMISSIONGeneral Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$100,000Death Investigations Account Appropriation$38,000Public Safety and Education AccountAppropriation$13,474,000Violence Reduction and Drug Enforcement Account Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$ 346,000TOTAL APPROPRIATION$13,958,000The appropriations in this section are subject to the following conditions and limitations:(1) $80,000 of the public safety and education account appropriation is provided solely to continue the study of law enforcement and corrections training begun in 1996. Specific elements to be addressed in the study include: (a) The feasibility and the rationale for increasing basic law enforcement training from 440 to 600 hours; (b) the feasibility and rationale for creating a certification process for law enforcement officers; (c) the feasibility and rationale for expanding the correctional officers academy; (d) the feasibility and rationale for expanding the juvenile service workers academy and/or the adult services academy; and (e) any other items considered relevant by the commission. Any recommendations made shall include a plan and timeline for how they would be implemented. The board on correctional training standards and education and the board on law enforcement training standards and education shall be actively involved in the study effort. Copies of the study shall be provided to the chairs of the appropriate policy and fiscal committees of the legislature and the director of the office of financial management by October 1, 1997. (2) $50,000 of the public safety and education account appropriation is provided solely to prepare a cost and fee study of the current and proposed criminal justice course offerings. The analysis shall identify total costs and major cost components for: (a) Any current training classes that are considered mandatory; and (b) any proposed or modified training courses that are considered mandatory. Mandatory classes include, but are not limited to, the following: Basic law enforcement academy, correction officers academy, supervisory and management training of law enforcement officers, supervisory and management training of correctional officers, juvenile service workers academy, and the adult service academy. The study shall also recommend a methodology for estimating the future demand for these classes. The study shall also estimate the cost of implementing any recommendations made pursuant to subsection (1) of this section. The study shall be conducted by a private sector consultant selected by the office of financial management in consultation with the executive director of the criminal justice training commission. Copies of the study shall be provided to the chairs of the appropriate policy and fiscal committees of the legislature and the director of financial management by January 1, 1998. (3) $92,000 of the public safety and education account appropriation is provided solely for the purpose of training law enforcement managers and supervisors. (4) $80,000 of the public safety and education account appropriation is provided solely to implement the provisions of Substitute House Bill No. 1423 (criminal justice training commission). If this bill is not enacted by June 30, 1997, the amount in this subsection shall lapse. NEW SECTION. Sec. 218. FOR THE DEPARTMENT OF LABOR AND INDUSTRIESGeneral Fund Appropriation (FY 1998). . . . . . . . . . .. . . . . . . . . . . . . $6,883,000General Fund Appropriation (FY 1999)$6,910,000Public Safety and Education Account— State Appropriation $16,246,000Public Safety and Education Account-- Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$ 6,002,000Public Safety and Education Account--Private/Local Appropriation$2,014,000Electrical License Account Appropriation$22,665,000Farm Labor Revolving Account Appropriation$28,000Worker and Community Right-to-Know Account Appropriation. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,187,000Public Works Administration AccountAppropriation $1,975,000Accident Account--State Appropriation$147,785,000Accident Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $9,112,000Medical Aid Account--State Appropriation$156,873,000Medical Aid Account--Federal Appropriation$1,592,000Plumbing Certificate Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $846,000Pressure Systems Safety AccountAppropriation$2,106,000TOTAL APPROPRIATION$383,224,000The 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 "claims service delivery", "electrical permitting and inspection system", and "credentialing information system" are conditioned upon compliance with section 902 of this act. In addition, funds for the "claims service delivery" 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; (c) coordinate with the department of social and health services to use the public safety and education account as matching funds for federal Title XIX reimbursement, to the extent this maximizes total funds available for services to crime victims. (3) $54,000 of the general fund--state appropriation for fiscal year 1998 and $54,000 of the general fund--state appropriation for fiscal year 1999 are 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 continue to work 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. (5) The expenditures of the elevator, factory assembled structures, and contractors' registration and compliance programs may not exceed the revenues generated by these programs. (6) $78,000 of the general fund fiscal year 1998 appropriation, $62,000 of the general fund fiscal year 1999 appropriation, $123,000 of the electrical license account appropriation, $482,000 of the accident account appropriation, and $520,000 of the medical aid account appropriation are provided solely to implement Engrossed Second Substitute House Bill No. 1032 (regulatory reform). If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse. (7) $300,000 of the accident account appropriation and $300,000 of the medical aid account appropriation are provided solely to implement Second Substitute House Bill No. 2041 (workers' compensation failure to pay). If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse. NEW SECTION. Sec. 219. FOR THE INDETERMINATE SENTENCE REVIEW BOARDGeneral Fund Appropriation (FY 1998). . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $1,145,000General Fund Appropriation (FY 1999)$926,000TOTAL APPROPRIATION$2,071,000The appropriations in this section are subject to the following conditions and limitations: $936,000 of the general fund appropriation for fiscal year 1999 is provided solely to implement House Bill No. 1646 (indeterminate sentence review) or Senate Bill No. 5410 (indeterminate sentence review board). If neither of these bills is enacted by June 30, 1997, this amount shall lapse. NEW SECTION. Sec. 220. FOR THE DEPARTMENT OF VETERANS AFFAIRS (1) HEADQUARTERSGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . .. . . . . . . . . . . . . $1,368,000General Fund Appropriation (FY 1999)$1,338,000Industrial Insurance Premium Refund Appropriation$80,000TOTAL APPROPRIATION$2,786,000The appropriations in this subsection are subject to the following conditions and limitations: $25,000 of the general fund appropriation for fiscal year 1998 is provided solely to accomplish tasks associated with the construction of the World War II veterans memorial located on the state capitol campus. These funds shall be used only after consultation with the World War II memorial advisory committee. (2) FIELD SERVICESGeneral Fund--State Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . $2,418,000General Fund--State Appropriation (FY 1999)$2,420,000General Fund--Federal Appropriation$26,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$85,000TOTAL APPROPRIATION$4,949,000(3) INSTITUTIONAL SERVICESGeneral Fund--State Appropriation (FY 1998)$6,101,000General Fund--State Appropriation (FY 1999). . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$5,369,000General Fund--Federal Appropriation$19,556,000General Fund--Private/Local Appropriation$14,583,000TOTAL APPROPRIATION$45,609,000NEW SECTION. Sec. 221. FOR THE DEPARTMENT OF HEALTHGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$50,883,000General Fund--State Appropriation (FY 1999)$54,417,000General Fund--Federal Appropriation$259,758,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$24,290,000Hospital Commission Account Appropriation$3,089,000Medical Disciplinary Account Appropriation$3,969,000Health Professions Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$32,702,000Safe Drinking Water Account Appropriation$2,495,000Waterworks Operator Certification Appropriation $588,000Drinking Water Assistance Account--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$ 4,533,000Water Quality Account Appropriation$3,066,000Violence Reduction and Drug Enforcement AccountAppropriation$469,000State Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$ 2,855,000Medical Test Site Licensure Account Appropriation $1,624,000Youth Tobacco Prevention Account Appropriation $1,812,000Health Services Account Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$30,281,000TOTAL APPROPRIATION $476,831,000The appropriations in this section are subject to the following conditions and limitations:(1) $2,134,000 of the medical disciplinary account appropriation is provided solely for the development and implementation of a licensing and disciplinary management system. Expenditures are conditioned upon compliance with section 902 of this act. These funds shall not be expended without appropriate project approval by the department of information systems. (2) Funding provided in this section for the drinking water program data management system shall not be expended without appropriate project approval by the department of information systems. Expenditures are conditioned upon compliance with section 902 of this act. (3) $1,633,000 of the general fund--state appropriation for fiscal year 1998 and $1,634,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the implementation of the Puget Sound work plan and agency action items DOH-01, DOH-02, DOH-03, DOH-04, DOH-05, DOH-06, DOH-07, DOH-08, DOH-09, DOH-10, DOH-11, and DOH-12. (4) Amounts provided in this section are sufficient to operate the AIDS prescription drug program. To operate the program within the appropriated amount, the department shall limit new enrollments, manage access to the most expensive drug regimens, establish waiting lists and priority rankings, assist clients in accessing drug assistance programs sponsored by drug manufacturers, or pursue other means of managing expenditures by the program. (5) $512,000 of the general fund--state appropriation for fiscal year 1998, $449,000 of the general fund--state appropriation for fiscal year 1999, $136,000 of the general fund--local appropriation, and $581,000 of the health professions account appropriation are provided solely for the implementation of Engrossed Second Substitute House Bill No. 1032 (regulatory reform). If the bill is not enacted by June 30, 1997, the amounts provided in this section shall lapse. (6) $100,000 of the general fund--state appropriation for fiscal year 1998 and $100,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the implementation of Second Substitute House Bill No. 1191 (mandated health benefit review). If the bill is not enacted by June 30, 1997, the amounts provided in this section shall lapse. (7) $100,000 of the general fund--state appropriation for fiscal year 1998 and $100,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the volunteer retired provider program. Funds shall be used to increase children's access to dental care services in rural and underserved communities by paying malpractice insurance and professional licensing fees for retired dentists participating in the program. (8) The department shall work with the birth to three program at the University of Washington to provide coordinated and enhanced services to first steps clients at a site of the birth to three program. (9) $304,000 of the general fund--state appropriation for fiscal year 1998, $304,000 of the general fund--state appropriation for fiscal year 1999, and $188,000 of the general fund--local appropriation are provided solely for assuring the quality of trauma center care and a study of the impact of trauma system designation on quality of trauma care in Washington. (10) $525,000 of the health services account appropriation and $300,000 of the general fund--federal appropriation are provided solely for an abstinence education program which complies with P.L. 104-193. $400,000 of the general fund--federal appropriation is provided solely for abstinence education projects at the office of the superintendent of public instruction and shall be transferred to the office of the superintendent of public instruction for the 1998-99 school year. The department shall apply for abstinence education funds made available by the federal personal responsibility and work opportunity act of 1996 and implement a program that complies with the requirements of that act. (11) $4,150,000 of the health services account appropriation is provided solely for the Washington poison center. (12) $242,000 of the general fund--state appropriation for fiscal year 1998, $212,000 of the general fund--state appropriation for fiscal year 1999, and $498,000 of the general fund--federal appropriation are provided solely for the implementation of the nursing home resident protection program according to guidelines established by the federal health care financing administration. NEW SECTION. Sec. 222. FOR THE DEPARTMENT OF CORRECTIONS (1) ADMINISTRATION AND PROGRAM SUPPORTGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$13,739,000General Fund Appropriation (FY 1999)$13,755,000TOTAL APPROPRIATION$27,494,000The appropriations in this subsection are subject to the following conditions and limitations: The department may expend funds generated by contractual agreements entered into for mitigation of severe overcrowding in local jails. If any funds are generated in excess of actual costs, they shall be deposited in the state general fund. Expenditures shall not exceed revenue generated by such agreements and shall be treated as recovery of costs. (2) INSTITUTIONAL SERVICESGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$ 287,665,000General Fund--State Appropriation (FY 1999)$306,775,000General Fund--Federal Appropriation $18,097,000Violence Reduction and Drug Enforcement Account Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$1,614,000Industrial Insurance Premium Rebate Appropriation $673,000TOTAL APPROPRIATION$614,824,000The appropriations in this subsection are subject to the following conditions and limitations: (a) The department shall provide funding for the pet partnership program at the Washington Corrections Center for Women at a level at least equal to that provided in the 1995-97 biennium. (b) $296,000 of the general fund--state appropriation for fiscal year 1998 and $297,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to increase payment rates for contracted education providers. It is the legislature's intent that these amounts shall be used primarily to increase compensation for persons employed in direct, front-line service delivery. (c) 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) $827,000 of the general fund--state appropriation for fiscal year 1998 and $9,495,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to implement Engrossed Third Substitute House Bill No. 3900 (juvenile code revisions). If section 6 of the bill is not enacted by June 30, 1997, the amounts provided in this subsection (2)(d) shall lapse. (e) $357,000 of the general fund--state appropriation for fiscal year 1998 and $1,142,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to implement the provisions of Substitute House Bill No. 1522 (criminal street gang activity). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection (2)(e) shall lapse. (3) COMMUNITY CORRECTIONSGeneral Fund Appropriation (FY 1998). . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $88,938,000General Fund Appropriation (FY 1999)$90,654,000TOTAL APPROPRIATION$179,592,000The appropriations in this subsection are subject to the following conditions and limitations: (a) $467,000 of the general fund appropriation for fiscal year 1998 and $505,000 of the general fund appropriation for fiscal year 1999 are provided solely to increase payment rates for contracted education providers and contracted work release facilities. It is the legislature's intent that these amounts shall be used primarily to increase compensation for persons employed in direct, front-line service delivery. (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. (c) $27,000 of the general fund appropriation for fiscal year 1998 and $345,000 of the general fund appropriation for fiscal year 1999 are provided solely to implement Engrossed Third Substitute House Bill No. 3900 (juvenile code revisions). If section 6 of the bill is not enacted by June 30, 1997, the amounts provided in this subsection (3)(c) shall lapse. (4) CORRECTIONAL INDUSTRIESGeneral Fund Appropriation (FY 1998). . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,892,000General Fund Appropriation (FY 1999)$3,892,000TOTAL APPROPRIATION$7,784,000The appropriations in this subsection are subject to the following conditions and limitations: (a) $50,000 of the general fund appropriation for fiscal year 1998 and $50,000 of the general fund appropriation for fiscal year 1999 are provided solely for the correctional industries board of directors to hire one staff person, responsible directly to the board, to assist the board in fulfilling its duties. (b) $100,000 of the general fund appropriation for fiscal year 1998 and $100,000 of the general fund appropriation for fiscal year 1999 are provided solely for transfer to the jail industries board. The board shall use the amounts 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 PAYMENTSGeneral Fund Appropriation (FY 1998).. . .. . . . . . . . . . . . $6,945,000General Fund Appropriation (FY 1999)$6,444,000TOTAL APPROPRIATION$13,389,000NEW SECTION. Sec. 223. FOR THE DEPARTMENT OF SERVICES FOR THE BLINDGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . $1,358,000General Fund--State Appropriation (FY 1999)$1,401,000General Fund--Federal Appropriation$10,464,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$80,000TOTAL APPROPRIATION$13,303,000NEW SECTION. Sec. 224. FOR THE SENTENCING GUIDELINES COMMISSIONGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$714,000General Fund Appropriation (FY 1999)$713,000TOTAL APPROPRIATION$1,427,000NEW SECTION. Sec. 225. FOR THE EMPLOYMENT SECURITY DEPARTMENTGeneral Fund--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$ 173,613,000General Fund--Private/Local Appropriation$24,861,000Unemployment Compensation Administration Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$182,628,000Administrative Contingency Account Appropriation $12,465,000Employment Service Administrative AccountAppropriation$13,176,000Employment and Training Trust Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150,000TOTAL APPROPRIATION$406,893,000The 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 "claims and adjudication call centers", "data/wage quality initiative", and "one stop information connectivity" are conditioned upon compliance with section 902 of this act. (2) $220,000 of the unemployment compensation administration account--federal appropriation is provided solely to implement Engrossed Second Substitute House Bill No. 1032 (regulatory reform). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse. (3) $1,126,000 of the general fund--federal appropriation is provided solely for the continuation of job placement centers colocated on community and technical college campuses. (4) 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, except that the department may exceed this amount by up to $2,600,000 to offset the cost associated with any vendor caused delay. The additional spending authority is contingent upon the department fully recovering these moneys from any project vendors failing to perform in full. Authority to spend this amount is conditioned on compliance with section 902 of this act. PART IIINATURAL RESOURCES NEW SECTION. Sec. 301. FOR THE COLUMBIA RIVER GORGE COMMISSIONGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$ 213,000General Fund--State Appropriation (FY 1999)$222,000General Fund--Private/Local Appropriation$435,000TOTAL APPROPRIATION$870,000The appropriations in this section are subject to the following condition and limitation: $120,000 of the general fund--state appropriation for fiscal year 1998, $120,000 of the general fund--state appropriation for fiscal year 1999, and $240,000 of the general fund--local appropriation are provided solely for each Columbia river gorge county to receive an $80,000 grant for the purposes of implementing the scenic area management plan. If a Columbia river gorge county has not adopted an ordinance to implement the scenic area management plan in accordance with the national scenic area act (P.L. 99-663) then the grant funds for that county may be used by the commission to implement the plan for that county. NEW SECTION. Sec. 302. FOR THE DEPARTMENT OF ECOLOGYGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$27,540,000General Fund--State Appropriation (FY 1999)$27,542,000General Fund--Federal Appropriation$45,698,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$623,000Special Grass Seed Burning Research Account Appropriation$42,000Reclamation Revolving Account Appropriation$2,441,000Flood Control Assistance Account Appropriation. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4,000,000State Emergency Water Projects Revolving AccountAppropriation$319,000Waste Reduction/Recycling/Litter ControlAppropriation$5,166,000State and Local Improvements Revolving Account (Waste Facilities) Appropriation . . . . .. . . . . . . . . . . . $101,000State and Local Improvements Revolving Account(Water Supply Facilities) Appropriation$1,366,000Basic Data Account Appropriation$182,000Vehicle Tire Recycling Account Appropriation. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,194,000Water Quality Account Appropriation$3,181,000Wood Stove Education and Enforcement AccountAppropriation$1,055,000Worker and Community Right-to-Know Account Appropriation. . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$469,000State Toxics Control Account Appropriation$52,765,000Local Toxics Control Account Appropriation$4,342,000Water Quality Permit Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$20,538,000Underground Storage Tank Account Appropriation $2,443,000Solid Waste Management Account Appropriation$1,021,000Hazardous Waste Assistance Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 3,615,000Air Pollution Control Account Appropriation$16,278,000Oil Spill Administration Account Appropriation $6,976,000Air Operating Permit Account Appropriation. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4,134,000Freshwater Aquatic Weeds Account Appropriation $1,829,000Oil Spill Response Account Appropriation$7,078,000Metals Mining Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$42,000Water Pollution Control Revolving Account--StateAppropriation$190,000Water Pollution Control Revolving Account--FederalAppropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,726,000Biosolids Permit Account Appropriation$567,000TOTAL APPROPRIATION$244,463,000The appropriations in this section are subject to the following conditions and limitations: (1) $3,211,000 of the general fund--state appropriation for fiscal year 1998, $3,211,000 of the general fund--state appropriation for fiscal year 1999, $394,000 of the general fund--federal appropriation, $2,017,000 of the oil spill administration account, $819,000 of the state toxics control account appropriation, and $3,591,000 of the water quality permit fee account are provided solely for the implementation of the Puget Sound work plan and agency action items DOE-01, DOE-02, DOE-03, DOE-04, DOE-05, DOE-06, DOE-07, DOE-08, and DOE-09. Within the appropriations provided in this subsection the department shall implement Engrossed Substitute House Bill No. 2186 (critical functions within WRIA). (2) $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, for which potentially liable persons cannot be found, or for which potentially liable persons are unable to pay for remedial actions; and (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 conduct remedial actions required by the department; and (d) To contract for services as necessary to support remedial actions. (3) $1,500,000 of the general fund--state appropriation for fiscal year 1998 and $1,900,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the processing of water right permit applications, continued implementation of water resources data management systems, and providing technical and data support to local watershed planning efforts in accordance with Engrossed Second Substitute House Bill No. 2054 (water resource management). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse. (4) $3,000,000 of the general fund--state appropriation for fiscal year 1998 and $3,000,000 of the general fund--state appropriation for fiscal year 1999 are appropriated for grants to local WRIA planning units established in accordance with Engrossed Second Substitute House Bill No. 2054 (water resource management). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse. In providing the grants to local WRIA planning groups, the department may fund up to twenty-four water resource inventory areas assuming the initial grant level is fifty percent of the maximum authorized. (5) $200,000 of the general fund--state appropriation for fiscal year 1998 is provided solely for the implementation of Engrossed Substitute House Bill No. 1111 (water rights). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse. (6) $200,000 of the general fund--state appropriation for fiscal year 1998 is provided solely for the implementation of Engrossed Substitute House Bill No. 1118 (reopening a water rights claim filing period). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse. (7) $3,600,000 of the general fund--state appropriation for fiscal year 1998 and $3,600,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the auto emissions inspection and maintenance program. Expenditures of the amounts provided in this subsection are contingent upon a like amount being deposited in the general fund from the auto emission inspection fees in accordance with RCW 70.120.170(4). (8) $170,000 of the oil spill administration account appropriation is provided solely for implementation of the Puget Sound work plan action item UW-02, through a contract with the University of Washington's Sea Grant program in order to develop an educational program that targets small spills from commercial fishing vessels, ferries, cruise ships, ports, and marinas. (9) The merger of the office of marine safety into the department of ecology shall be accomplished in a manner that will maintain a priority focus on oil spill prevention, as well as maintain a strong oil spill response capability. The merged program shall be established to provide a high level of visibility and ensure that there shall not be a diminution of the existing level of effort from the merged programs. (10) $86,000 of the air operating permit account appropriation, $86,000 of the water quality permit account appropriation, and $86,000 of the state toxics control account appropriation are provided solely for the implementation of Second Substitute House Bill No. 1866 (environmental excellence). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse. In implementing the bill the department shall organize the needed expertise to process environmental excellence applications after an application has been received. (11) $121,000 of the general fund--state appropriation for fiscal year 1998, $77,000 of the general fund--state appropriation for fiscal year 1999, $138,000 of the general fund--federal appropriation, $164,000 of the state toxics control account appropriation, $64,000 of the water quality permit account appropriation, $54,000 of the air pollution control account appropriation, $33,000 of the flood control assistance account appropriation, $18,000 of the waste reduction/recycling/litter control account appropriation, $18,000 of the oil spill administration account appropriation, $15,000 of the water quality account appropriation, and $15,000 of the air operating permit account appropriation are provided solely for the implementation of Engrossed Second Substitute House Bill No. 1032 (regulatory reform). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse. (12) $200,000 of the freshwater aquatic weeds account appropriation is provided solely to address saltcedar weed problems. (13) $352,000 of the waste reduction/recycling/litter control account appropriation is provided solely for an interagency reimbursement contract with the department of corrections to hire correctional work crews to remove litter in areas that are not accessible to youth crews. (14) The entire biosolids permit account appropriation is provided solely for implementation of Substitute House Bill No. 1613 (biosolids management). If the bill is not enacted by June 30, 1997, the entire appropriation is null and void. (15) Within the amounts provided in this section, the department shall implement Engrossed Second Substitute House Bill No. 1354 (air pollution control). (16) $29,000 of the general fund--state appropriation for fiscal year 1998 and $99,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the implementation of Substitute House Bill No. 1985 (landscape management plans). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse. (17) $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. (18) A maximum of $250,000 of the flood control assistance account is provided to implement the Skokomish valley flood reduction plan. The amount provided in this subsection shall be reduced by the amount expended from this account for the Skokomish valley flood reduction plan during the biennium ending June 30, 1997. (19) The entire waste reduction/recycling/litter control account appropriation is provided for fiscal year 1998. (20) The number of special purpose vehicles in the department's fleet on July 1, 1997, shall be reduced by fifty percent as of June 30, 1999. Special purpose vehicles may be replaced by fuel efficient economy vehicles or not replaced at all depending on the vehicle requirements of the agency. An exception to this reduction in the number of special purpose vehicles is provided for those special purpose vehicles used by the department's youth corp program. Special purpose vehicle is defined as a four-wheel drive off-road motor vehicle. NEW SECTION. Sec. 303. FOR THE STATE PARKS AND RECREATION COMMISSIONGeneral Fund--State Appropriation (FY 1998). . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$20,927,000General Fund--State Appropriation (FY 1999)$20,656,000General Fund--Federal Appropriation$2,428,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$59,000Winter Recreation Program Account Appropriation $759,000Off Road Vehicle Account Appropriation$251,000Snowmobile Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,290,000Aquatic Lands Enhancement Account Appropriation $321,000Public Safety and Education Account Appropriation $48,000Industrial Insurance Premium Refund Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$10,000Waste Reduction/Recycling/Litter Control Appropriation$34,000Water Trail Program Account Appropriation$14,000Parks Renewal and Stewardship Account Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$24,278,000TOTAL APPROPRIATION$72,075,000The 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 for the implementation of the Puget Sound work plan agency action items P&RC-01 and P&RC-03. (2) $264,000 of the general fund--federal appropriation is provided for boater programs state-wide and for implementation of the Puget Sound work plan. (3) $45,000 of the general fund--state appropriation for fiscal year 1998 is provided solely for a feasibility study of a public/private effort to establish a reserve for recreation and environmental studies in southwest Kitsap county. (4) Within the funds provided in this section, the state parks and recreation commission shall provide to the legislature a status report on implementation of the recommendations contained in the 1994 study on the restructuring of Washington state parks. This status report shall include an evaluation of the campsite reservation system including the identification of any incremental changes in revenues associated with implementation of the system and a progress report on other enterprise activities being undertaken by the commission. The report may also include recommendations on other revenue generating options. In preparing the report the commission is encouraged to work with interested parties to develop a long-term strategy to support the park system. The commission shall provide this report by December 1, 1997. NEW SECTION. Sec. 304. FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATIONFirearms Range Account Appropriation. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$ 46,000Recreation Resources Account Appropriation$2,356,000NOVA Program Account Appropriation$590,000TOTAL APPROPRIATION$2,992,000The appropriations in this section are subject to the following conditions and limitations: Any proceeds from the sale of the PRISM software system shall be deposited into the recreation resources account. NEW SECTION. Sec. 305. FOR THE ENVIRONMENTAL HEARINGS OFFICEGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$ 780,000General Fund Appropriation (FY 1999)$774,000TOTAL APPROPRIATION$1,554,000The appropriations in this section are subject to the following conditions and limitations: $4,000 of the general fund appropriation for fiscal year 1998 and $4,000 of the general fund appropriation for fiscal year 1999 are provided solely to implement Substitute Senate Bill No. 5119 (forest practices appeals board). If this bill is not enacted by June 30, 1997, $4,000 of the general fund appropriation for fiscal year 1998 and $4,000 of the general fund appropriation for fiscal year 1999 shall lapse. NEW SECTION. Sec. 306. FOR THE CONSERVATION COMMISSIONGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$838,000General Fund Appropriation (FY 1999)$840,000Water Quality Account Appropriation$440,000TOTAL APPROPRIATION$2,118,000The appropriations in this section are subject to the following conditions and limitations: $181,000 of the general fund appropriation for fiscal year 1998, $181,000 of the general fund appropriation for fiscal year 1999, and $130,000 of the water quality account appropriation are provided solely for the implementation of the Puget Sound work plan agency action item CC-01. NEW SECTION. Sec. 307. FOR THE DEPARTMENT OF FISH AND WILDLIFEGeneral Fund--State Appropriation (FY 1998). . . . . . . .. . .. . . . . . . . . . . . $35,599,000General Fund--State Appropriation (FY 1999)$36,098,000General Fund--Federal Appropriation$73,015,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$26,758,000Off Road Vehicle Account Appropriation$488,000Aquatic Lands Enhancement Account Appropriation $5,493,000Public Safety and Education Account Appropriation . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$590,000Industrial Insurance Premium Refund Appropriation $120,000Recreational Fisheries Enhancement Appropriation $2,231,000Warm Water Game Fish Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,669,000Wildlife Account Appropriation$53,338,000Game Special Wildlife Account--State Appropriation $1,911,000Game Special Wildlife Account--Federal Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,844,000Game Special Wildlife Account--Private/LocalAppropriation$350,000Oil Spill Administration Account Appropriation $843,000TOTAL APPROPRIATION$250,347,000The appropriations in this section are subject to the following conditions and limitations: (1) $1,181,000 of the general fund--state appropriation for fiscal year 1998 and $1,181,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the implementation of the Puget Sound work plan agency action items DFW-01, DFW-03, DFW-04, and DFW-8 through DFW-15. (2) $188,000 of the general fund--state appropriation for fiscal year 1998 and $155,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for a maintenance and inspection program for department-owned dams. The department shall submit a report to the governor and the appropriate legislative committees by October 1, 1998, on the status of department owned dams. This report shall provide a recommendation, including a cost estimate, on whether each facility should continue to be maintained or should be decommissioned. (3) $832,000 of the general fund--state appropriation for fiscal year 1998 and $832,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to implement salmon recovery activities and other actions required to respond to federal listings of salmon species under the endangered species act. (4) $350,000 of the wildlife account appropriation, $72,000 of the general fund--state appropriation for fiscal year 1998, and $73,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for control and eradication of class B designate weeds on department owned and managed lands. The amounts from the general fund--state appropriations are provided solely for control of spartina. (5) $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. (6) In controlling weeds on state-owned lands the department shall use the most cost-effective methods available, including chemical control where appropriate, and it shall report to the appropriate committees of the legislature by January 1, 1998, on control methods, costs, and acres treated during the previous year. (7) $100,000 of the general fund--state appropriation for fiscal year 1998 and $100,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to assist the department of ecology in processing water right applications, establishing in-stream flows, and providing technical assistance to local WRIA planning units established in accordance with Second Substitute House Bill No. 2054. If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse. (8) A maximum of $1,000,000 is appropriated from the wildlife fund to the department of fish and wildlife for the fiscal year ending June 30, 1998. The amount appropriated in this subsection is provided for the emergency feeding of deer and elk that may be starving and that are posing a risk to private property due to severe winter conditions during the winter of 1997-98. The amount expended pursuant to this appropriation must not exceed the amount raised pursuant to section 3 of Substitute House Bill No. 1478, and of the amount expended pursuant to this appropriation, not more than fifty percent may be from fee revenue generated pursuant to section 3 of Substitute House Bill No. 1478. If the bill is not enacted by June 30, 1997, the amount appropriated in this subsection shall lapse. (9) $193,000 of the general fund--state appropriation for fiscal year 1998, $194,000 of the general fund--state appropriation for fiscal year 1999, and $300,000 of the wildlife account appropriation are provided solely for the design and development of an automated license system. (10) The department is directed to offer for sale its Cessna 421 aircraft by June 30, 1998. Proceeds from the sale shall be deposited in the wildlife account. (11) $500,000 of the general fund--state appropriation for fiscal year 1998 and $500,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to continue the department's habitat partnerships program during the 1997-99 biennium. (12) $350,000 of the general fund--state appropriation for fiscal year 1998 and $350,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for purchase of monitoring equipment necessary to fully implement mass marking of coho salmon. (13) $408,000 of the general fund--state appropriation for fiscal year 1998 and $388,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the implementation of Engrossed Second Substitute House Bill No. 1032 (regulatory reform). (14) $238,000 of the general fund--state appropriation for fiscal year 1998 and $219,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the implementation of Substitute House Bill No. 1985 (landscape management plans). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse. (15) $150,000 of the general fund--state appropriation for fiscal year 1998 and $150,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for a contract with the United States department of agriculture to carry out animal damage control projects throughout the state related to cougars, bears, and coyotes. NEW SECTION. Sec. 308. FOR THE DEPARTMENT OF NATURAL RESOURCESGeneral Fund--State Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . $25,727,000General Fund--State Appropriation (FY 1999)$24,186,000General Fund--Federal Appropriation$1,156,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$422,000Forest Development Account Appropriation$43,355,000Off Road Vehicle Account Appropriation$3,628,000Surveys and Maps Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,088,000Aquatic Lands Enhancement Account Appropriation $4,869,000Resources Management Cost Account Appropriation$90,544,000Waste Reduction/Recycling/Litter Control Appropriation. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . $ 450,000Surface Mining Reclamation Account Appropriation$1,420,000Aquatic Land Dredged Material Disposal Site AccountAppropriation$751,000Natural Resources Conservation Areas Stewardship Account Appropriation. . . . . . . . . . . . .. . . . . . . . . . . . $ 77,000Air Pollution Control Account Appropriation$890,000Metals Mining Account Appropriation$62,000TOTAL APPROPRIATION$199,625,000The appropriations in this section are subject to the following conditions and limitations: (1) $7,017,000 of the general fund--state appropriation for fiscal year 1998 and $6,900,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for emergency fire suppression. (2) $18,000 of the general fund--state appropriation for fiscal year 1998, $18,000 of the general fund--state appropriation for fiscal year 1999, and $957,000 of the aquatic lands enhancement account appropriation are provided solely for the implementation of the Puget Sound work plan agency action items DNR-01, DNR-02, and DNR-04. (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, 1998, on control methods, costs and acres treated during the previous year. (4) $2,304,000 of the general fund--state appropriation for fiscal year 1998 and $2,684,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for fire protection activities. In conjunction with funding from the forest fire protection assessment account, during the 1997-99 biennium the department shall prioritize within available funds in order to be able to maintain three-person crews on its fire engines. (5) $541,000 of the general fund--state appropriation for fiscal year 1998 and $549,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the stewardship of natural area preserves, natural resource conservation areas, and the operation of the natural heritage program. (6) $2,300,000 of the aquatic lands enhancement account appropriation is provided for the department's portion of the Eagle Harbor settlement. (7) $931,000 of the resource management cost account appropriation is provided solely for the implementation of House Bill No. 1128 (Loomis state forest timber). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse. (8) $195,000 of the general fund--state appropriation for fiscal year 1998 and $220,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the implementation of Substitute House Bill No. 1985 (landscape management plans). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse. (9) $600,000 of the general fund--state appropriation for fiscal year 1998 and $600,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the cooperative monitoring, evaluation, and research projects related to implementation of the timber-fish-wildlife agreement. NEW SECTION. Sec. 309. FOR THE DEPARTMENT OF AGRICULTUREGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$ 7,468,000General Fund--State Appropriation (FY 1999)$6,848,000General Fund--Federal Appropriation$4,732,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$408,000Aquatic Lands Enhancement Account Appropriation$806,000Industrial Insurance Premium Refund Appropriation$184,000State Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,338,000TOTAL APPROPRIATION$21,784,000The appropriations in this section are subject to the following conditions and limitations:(1) $35,000 of the general fund--state appropriation for fiscal year 1998 and $36,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for technical assistance on pesticide management including the implementation of the Puget Sound work plan agency action item DOA-01. (2) $461,000 of the general fund--state appropriation for fiscal year 1998 and $361,000 of the general fund--federal appropriation are provided solely to monitor and eradicate the Asian gypsy moth. (3) $200,000 of the general fund--state appropriations in this section shall be provided as a loan by the department to the Washington state livestock identification board established in Substitute House Bill No. 2089. The loan provided in this subsection is contingent upon the enactment of Substitute House Bill No. 2089 by June 30, 1997. The department may not enter into a loan agreement until the office of financial management certifies that the fee structure will be sufficient to fully repay the loan by June 30, 1999. (4) $138,000 of the general fund--state appropriation for fiscal year 1998 and $138,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for two additional staff positions in the plant protection program. NEW SECTION. Sec. 310. FOR THE WASHINGTON POLLUTION LIABILITY REINSURANCE PROGRAMPollution Liability Insurance Program Trust Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$914,000PART IVTRANSPORTATIONNEW SECTION. Sec. 401. FOR THE DEPARTMENT OF LICENSINGGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,385,000General Fund Appropriation (FY 1999)$4,338,000Architects' License Account Appropriation$903,000Cemetery Account Appropriation$219,000Professional Engineers' Account Appropriation. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,698,000Real Estate Commission Account Appropriation$6,779,000Master License Account Appropriation$7,057,000Uniform Commercial Code Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4,312,000Real Estate Education Account Appropriation$606,000Funeral Directors And Embalmers Account Appropriation$442,000TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$31,739,000The appropriations in this section are subject to the following conditions and limitations:(1) $21,000 of the general fund fiscal year 1998 appropriation and $22,000 of the general fund fiscal year 1999 appropriation are provided solely to implement House Bill No. 1827 (boxing, martial arts, wrestling). If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse. (2) $199,000 of the general fund fiscal year 1998 appropriation, $126,000 of the general fund fiscal year 1999 appropriation, $46,000 of the architects' license account appropriation, $31,000 of the cemetery account appropriation, $41,000 of the professional engineers' account appropriation, $71,000 of the real estate commission account appropriation, $59,000 of the master license account appropriation, $95,000 of the uniform commercial code account appropriation, and $33,000 of the funeral directors and embalmers account appropriation are provided solely to implement Engrossed Second Substitute House Bill No. 1032 (regulatory reform). If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse. (3) $40,000 of the master license account appropriation is provided solely to implement Substitute House Bill No. 1493 (whitewater river outfitters). If the bill is not enacted by June 30, 1997, the amount in this subsection shall lapse. NEW SECTION. Sec. 402. FOR THE STATE PATROLGeneral Fund--State Appropriation (FY 1998). . . . . . . . . .. . .. . . . . . . . . . . . $7,712,000General Fund--State Appropriation (FY 1999)$7,850,000General Fund--Federal Appropriation$3,990,000General Fund--Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$341,000Public Safety and Education Account Appropriation$4,652,000County Criminal Justice Assistance AccountAppropriation$3,905,000Municipal Criminal Justice Assistance Account Appropriation. . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,573,000Fire Service Trust Account Appropriation$92,000Fire Service Training Account Appropriation$1,762,000State Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$439,000Violence Reduction and Drug Enforcement AccountAppropriation$310,000Fingerprint Identification Account Appropriation$3,082,000TOTAL APPROPRIATION. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$35,708,000The appropriations in this section are subject to the following conditions and limitations:(1) $254,000 of the fingerprint identification account--state appropriation is provided solely for an automated system that will facilitate the access of criminal history records remotely by computer or phone for preemployment background checks and other non-law enforcement purposes. The agency shall submit an implementation status report to the office of financial management and the legislature by September 1, 1997. (2) $264,000 of the general fund--federal appropriation is provided solely for a feasibility study to develop a criminal investigation computer system. The study will report on the feasibility of developing a system that uses incident-based reporting as its foundation, consistent with FBI standards. The system will have the capability of connecting with local law enforcement jurisdictions as well as fire protection agencies conducting arson investigations. The study will report on the system requirements for incorporating case management, intelligence data, imaging, and geographic information. The system will also provide links to existing crime information databases such as WASIS and WACIC. The agency shall submit a copy of the proposed study workplan to the office of financial management and the department of information services for approval prior to expenditure. A final report shall be submitted to the appropriate committees of the legislature, the office of financial management, and the department of information services no later than June 30, 1998.PART VEDUCATIONNEW SECTION. Sec. 501. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR STATE ADMINISTRATIONGeneral Fund--State Appropriation (FY 1998). . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$40,866,000General Fund--State Appropriation (FY 1999)$25,125,000General Fund--Federal Appropriation$49,719,000Public Safety and Education Account Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$ 3,148,000Violence Reduction and Drug Enforcement AccountAppropriation$3,122,000Education Savings Account Appropriation$29,312,000TOTAL APPROPRIATION. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$151,292,000The appropriations in this section are subject to the following conditions and limitations:(1) AGENCY OPERATIONS(a) $394,000 of the general fund--state appropriation for fiscal year 1998 and $394,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the operation and expenses of the state board of education, including basic education assistance activities. (b) $348,000 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. (c) $50,000 of the general fund--state appropriation for fiscal year 1998 and $50,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to implement Substitute House Bill No. 1776 (school audit resolutions). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse. (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) $2,854,000 of the general fund--state appropriation is provided for educational centers, including state support activities. (d) $3,040,000 of the violence reduction and drug enforcement account appropriation and $2,800,000 of the public safety education account appropriation are provided solely for matching grants to enhance security in schools. For purposes of this program, the school for the deaf and the school for the blind shall be considered school districts. 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 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. (e) $400,000 of the general fund--state appropriation for fiscal year 1998 and $400,000 of the general fund--federal appropriation transferred from the department of health for the 1998-99 school year are provided solely for a program that provides grants to school districts for media campaigns promoting sexual abstinence and addressing the importance of delaying sexual activity, pregnancy, and childbearing until individuals are ready to nurture and support their children. Grants to the school districts shall be for projects that are substantially designed and produced by students. The grants shall require a local private sector match equal to one-half of the state grant, which may include in-kind contribution of technical or other assistance from consultants or firms involved in public relations, advertising broadcasting, and graphics or video production or other related fields. (f) $1,500,000 of the general fund--state appropriation for fiscal year 1998 and $1,500,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for school district petitions to juvenile court for truant students as provided in RCW 28A.225.030 and 28A.225.035. Allocation of this money to school districts shall be based on the number of petitions filed. (g) $300,000 of the general fund--state appropriation is provided for alcohol and drug prevention programs pursuant to RCW 66.08.180. (h)(i) $9,500,000 of the general fund--state appropriation and $14,656,000 of the education savings account appropriation for fiscal year 1998 and $9,500,000 of the general fund--state appropriation and $14,656,000 of the education savings account appropriation for fiscal year 1999 are provided solely for grants and related state activities to provide school district consortia with programs utilizing technology to improve learning. For purposes of this program, the school for the deaf and the school for the blind shall be considered school districts. A maximum of $100,000 each fiscal year of this amount is provided for administrative support and oversight of the K-20 network by the superintendent of public instruction. The superintendent shall report to the telecommunications oversight and policy committee by September 30, 1998, on the status of state-wide connection of school districts to the network and the impact of the grants provided in this subsection toward achieving that goal. The superintendent of public instruction shall convene a technology grants committee representing private sector technology, school districts, and educational service districts to recommend to the superintendent grant proposals that have the best plans for improving student learning through innovative curriculum using technology as a learning tool and evaluating the effectiveness of the curriculum innovations. After considering the technology grants committee recommendations, the superintendent shall make grant awards, including granting at least fifteen percent of funds on the basis of criteria in (ii)(A) through (C) of this subsection (2)(h). (ii) Priority for award of funds will be to (A) school districts most in need of assistance due to financial limits, (B) school districts least prepared to take advantage of technology as a means of improving student learning, and (C) school districts in economically distressed areas. The superintendent of public instruction, in consultation with the technology grants committee, shall propose options to the committee for identifying and prioritizing districts according to criteria in (i) of this subsection (2)(h) as well as criteria under this subsection (2)(h)(ii). (iii) Options for review criteria to be considered by the superintendent of public instruction include, but are not limited to, free and reduced lunches, levy revenues, ending fund balances, equipment inventories, and surveys of technology preparedness. An "economically distressed area" is (A) a county with an unemployment rate that is at least twenty percent above the state-wide average for the previous three years; (B) a county that has experienced sudden and severe or long-term and severe loss of employment, or erosion of its economic base resulting in decline of its dominant industries; or (C) a district within a county which (I) 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 (II) has an unemployment rate which is at least forty percent higher than the county's unemployment rate. (i) $4,800,000 of the general fund--state appropriation is provided for state administrative costs and start-up grants for alternative programs and services that improve instruction and learning for at-risk students consistent with the objectives of Engrossed Substitute House Bill No. 1378 (educational opportunities). Each grant application shall contain proposed performance indicators and an evaluation plan to measure the success of the program and its impact on improved student learning. Applications shall contain the applicant's plan for maintaining the program and/or services after the grant period, shall address the needs of students who cannot be accommodated within the framework of existing school programs or services and shall address how the applicant will serve any student within the proposed program's target age range regardless of the reason for truancy, suspension, expulsion, or other disciplinary action. Up to $50,000 per year may be used by the superintendent of public instruction for grant administration. The superintendent shall submit an evaluation of the alternative program start-up grants provided under this section, and section 501(2)(q), chapter 283, Laws of 1996, to the fiscal and education committees of the legislature by November 15, 1998. Grants shall be awarded to applicants showing the greatest potential for improved student learning for at-risk students including: (i) Students who have been suspended, expelled, or are subject to other disciplinary actions; (ii) Students with unexcused absences who need intervention from community truancy boards or family support programs; (iii) Students who have left school; and (iv) Students involved with the court system. The office of the superintendent of public instruction shall prepare a report describing student recruitment, program offerings, staffing practices, and available indicators of program effectiveness of alternative education programs funded with state and, to the extent information is available, local funds. The report shall contain a plan for conducting an evaluation of the educational effectiveness of alternative education programs. (j) $15,000 of the general fund--state appropriation is provided solely to assist local districts vocational education programs in applying for low frequency FM radio licenses with the federal communications commission. (k) $35,000 of the general fund--state appropriation is provided solely to the state board of education to design a program to encourage high school students and other adults to pursue careers as vocational education teachers in the subject matter of agriculture. (l) $987,000 of the general fund--state fiscal year 1998 appropriation and $4,207,000 of the general fund--state fiscal year 1999 appropriation are provided solely to implement Second Substitute House Bill No. 2019 (charter schools). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse. (m) $50,000 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 Port Angeles area. This allocation is to be provided when sufficient evidence is presented to the superintendent of public instruction that a dollar for dollar match will be provided from local sources. (n) $3,000,000 of the general fund--state fiscal year 1998 appropriation and $3,000,000 of the general fund--state fiscal year 1999 appropriation are provided for implementation of sections 4 and 7 of Engrossed Substitute House Bill No. 2042 (reading in primary grades), including selection of second grade reading tests and grants for training kindergarten through third grade teachers in reading education. (o) $50,000 of the general fund--state appropriations is provided as matching funds for district contributions to provide analysis of the efficiency of school district business practices. The superintendent of public instruction shall establish criteria, make awards, and provide a report to the fiscal committees of the legislature by December 15, 1997, on the progress and details of analysis funded under this subsection (2)(o). (p) $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. (q) $100,000 of the general fund--state appropriation for fiscal year 1998 and $100,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for costs associated with maintaining support for state-wide coordination of vocational student leadership organizations within the office of the superintendent of public instruction. NEW SECTION. Sec. 502. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR GENERAL APPORTIONMENT (BASIC EDUCATION)General Fund Appropriation (FY 1998). . . . . . . . . .. . .. . . . . . . . . . . . $3,429,697,000General Fund Appropriation (FY 1999)$3,511,119,000TOTAL APPROPRIATION$6,940,816,000The appropriations in this section are subject to the following conditions and limitations: (1) The appropriation for fiscal year 1998 includes such funds as are necessary for the remaining months of the 1996-97 school year. (2) Allocations for certificated staff salaries for the 1997-98 and 1998-99 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; (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; (b) For school districts with a minimum enrollment of 250 full-time equivalent students whose full-time equivalent student enrollment count in a given month exceeds the first of the month full-time equivalent enrollment count by 5 percent, an additional state allocation of 110 percent of the share that such increased enrollment would have generated had such additional full-time equivalent students been included in the normal enrollment count for that particular month; (c) On the basis of full-time equivalent enrollment in: (i) Vocational education programs approved by the superintendent of public instruction, a maximum of 0.92 certificated instructional staff units and 0.08 certificated administrative staff units for each 18.3 full-time equivalent vocational students. Beginning with the 1998-99 school year, districts documenting staffing ratios of less than 1 certificated staff per 18.3 students shall be allocated the greater of the ratio in subsection (2)(a)(i) and (iv) of this section or the actual documented ratio; (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; (iii) Indirect cost charges as defined by the superintendent of public instruction to vocational-secondary programs shall not exceed 10 percent; and (iv) Vocational full-time equivalent enrollment shall be reported on the same monthly basis as the enrollment for students eligible for basic support, and payments shall be adjusted for reported vocational enrollments on the same monthly basis as those adjustments for enrollment for students eligible for basic support. (d) For districts enrolling not more than twenty-five average annual full-time equivalent students in grades K-8, and for small school plants within any school district which have been judged to be remote and necessary by the state board of education and enroll not more than twenty-five average annual full-time equivalent students in grades K-8: (i) For those enrolling no students in grades 7 and 8, 1.76 certificated instructional staff units and 0.24 certificated administrative staff units for enrollment of not more than five students, plus one-twentieth of a certificated instructional staff unit for each additional student enrolled; and (ii) For those enrolling students in grades 7 or 8, 1.68 certificated instructional staff units and 0.32 certificated administrative staff units for enrollment of not more than five students, plus one-tenth of a certificated instructional staff unit for each additional student enrolled; (e) For specified enrollments in districts enrolling more than twenty-five but not more than one hundred average annual full-time equivalent students in grades K-8, and for small school plants within any school district which enroll more than twenty-five average annual full-time equivalent students in grades K-8 and have been judged to be remote and necessary by the state board of education: (i) For enrollment of up to sixty annual average full-time equivalent students in grades K-6, 2.76 certificated instructional staff units and 0.24 certificated administrative staff units; and (ii) For enrollment of up to twenty annual average full-time equivalent students in grades 7 and 8, 0.92 certificated instructional staff units and 0.08 certificated administrative staff units; (f) For districts operating no more than two high schools with enrollments of less than three hundred average annual full-time equivalent students, for enrollment in grades 9-12 in each such school, other than alternative schools: (i) For remote and necessary schools enrolling students in any grades 9-12 but no more than twenty-five average annual full-time equivalent students in grades K-12, four and one-half certificated instructional staff units and one-quarter of a certificated administrative staff unit; (ii) For all other small high schools under this subsection, nine certificated instructional staff units and one-half of a certificated administrative staff unit for the first sixty average annual full time equivalent students, and additional staff units based on a ratio of 0.8732 certificated instructional staff units and 0.1268 certificated administrative staff units per each additional forty-three and one-half average annual full time equivalent students. Units calculated under (f)(ii) of this subsection shall be reduced by certificated staff units at the rate of forty-six certificated instructional staff units and four certificated administrative staff units per thousand vocational full-time equivalent students. (g) For each nonhigh school district having an enrollment of more than seventy annual average full-time equivalent students and less than one hundred eighty students, operating a grades K-8 program or a grades 1-8 program, an additional one-half of a certificated instructional staff unit; and (h) For each nonhigh school district having an enrollment of more than fifty annual average full-time equivalent students and less than one hundred eighty students, operating a grades K-6 program or a grades 1-6 program, an additional one-half of a certificated instructional staff unit. (3) Allocations for classified salaries for the 1997-98 and 1998-99 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 20.22 percent in the 1997-98 and 1998-99 school years for certificated salary allocations provided under subsection (2) of this section, and a rate of 18.65 percent in the 1997-98 and 1998-99 school years for classified salary allocations provided under subsection (3) of this section. (5) Insurance benefit allocations shall be calculated at the maintenance rate specified in section 504(2) of this act, based on the number of benefit units determined as follows: (a) The number of certificated staff units determined in subsection (2) of this section; and (b) The number of classified staff units determined in subsection (3) of this section multiplied by 1.152. This factor is intended to adjust allocations so that, for the purposes of distributing insurance benefits, full-time equivalent classified employees may be calculated on the basis of 1440 hours of work per year, with no individual employee counted as more than one full-time equivalent. (6)(a) For nonemployee-related costs associated with each certificated staff unit allocated under subsection (2) (a), (b), and (d) through (h) of this section, there shall be provided a maximum of $7,950 per certificated staff unit in the 1997-98 school year and a maximum of $8,165 per certificated staff unit in the 1998-99 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 $15,147 per certificated staff unit in the 1997-98 school year and a maximum of $15,556 per certificated staff unit in the 1998-99 school year. (7) Allocations for substitute costs for classroom teachers shall be distributed at a maintenance rate of $354.64 per allocated classroom teachers exclusive of salary increase amounts provided in section 504 of this act. Solely for the purposes of this subsection, allocated classroom teachers shall be equal to the number of certificated instructional staff units allocated under subsection (2) of this section, multiplied by the ratio between the number of actual basic education certificated teachers and the number of actual basic education certificated instructional staff reported state-wide for the 1996-97 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 $6,124,000 outside the basic education formula during fiscal years 1998 and 1999 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 $447,000 may be expended in fiscal year 1998 and a maximum of $459,000 may be expended in fiscal year 1999; (b) For summer vocational programs at skills centers, a maximum of $1,948,000 may be expended each fiscal year; (c) A maximum of $321,000 may be expended for school district emergencies; and (d) A maximum of $500,000 per fiscal year may be expended for programs providing skills training for secondary students who are enrolled in extended day school-to-work programs, as approved by the superintendent of public instruction. The funds shall be allocated at a rate not to exceed $500 per full-time equivalent student enrolled in those programs. (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 2.5 percent from the 1996-97 school year to the 1997-98 school year, and 1.1 percent from the 1997-98 school year to the 1998-99 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. (12) Amounts appropriated within this section are sufficient to fund Substitute House Bill No. 1034 (parents' rights). NEW SECTION. Sec. 503. 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) 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 12D, by the district's average staff mix factor for basic education and special education certificated instructional staff in that school year, computed using LEAP Document 1A; and (b) 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 12D. (2) For the purposes of this section: (a) "Basic education certificated instructional staff" is defined as provided in RCW 28A.150.100 and "special education certificated staff" means staff assigned to the state-supported special education program pursuant to chapter 28A.155 RCW in positions requiring a certificate; (b) "LEAP Document 1A" means the computerized tabulation establishing staff mix factors for certificated instructional staff according to education and years of experience, as developed by the legislative evaluation and accountability program committee on April 8, 1991, at 13:35 hours; and (c) "LEAP Document 12D" means the computerized tabulation of 1997-98 and 1998-99 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 March 21, 1997 at 16:37 hours. (3) Incremental fringe benefit factors shall be applied to salary adjustments at a rate of 19.58 percent for certificated staff and 15.15 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 SCHEDULEFOR THE 1997-98 AND 1998-99 SCHOOL YEARSYears ofServiceBABA+15BA+30BA+45BA+90
0 22,950 23,570 24,212 24,855 26,920 1 23,702 24,342 25,005 25,690 27,816 2 24,469 25,129 25,812 26,563 28,725 3 25,275 25,955 26,657 27,450 29,650 4 26,095 26,818 27,540 28,375 30,632 5 26,953 27,695 28,437 29,336 31,629 6 27,847 28,586 29,370 30,333 32,661 7 28,756 29,513 30,316 31,341 33,727 8 29,678 30,477 31,299 32,408 34,827 9 31,475 32,337 33,487 35,962 10 33,388 34,621 37,129 11 35,788 38,351 12 36,918 39,605 13 40,890 14 42,182 15 or more 43,279
Years of MA+90Service BA+135 MA MA+45 or PHD
0 28,251 27,516 29,581 30,912 1 29,165 28,351 30,477 31,825 2 30,115 29,224 31,386 32,774 3 31,100 30,111 32,311 33,761 4 32,123 31,036 33,293 34,783 5 33,180 31,996 34,290 35,840 6 34,250 32,994 35,322 36,911 7 35,377 34,002 36,388 38,038 8 36,537 35,069 37,488 39,198 9 37,730 36,147 38,623 40,391 10 38,956 37,282 39,790 41,617 11 40,214 38,449 41,012 42,875 12 41,525 39,662 42,266 44,186 13 42,867 40,917 43,551 45,528 14 44,260 42,210 44,927 46,921 15 or more 45,411 43,307 46,095 48,141
(b) As used in this subsection, the column headings "BA+(N)" refer to the number of credits earned since receiving the baccalaureate degree. (c) For credits earned after the baccalaureate degree but before the masters degree, any credits in excess of forty-five credits may be counted after the masters degree. Thus, as used in this subsection, the column headings "MA+(N)" refer to the total of: (i) Credits earned since receiving the masters degree; and (ii) Any credits in excess of forty-five credits that were earned after the baccalaureate degree but before the masters degree. (5) For the purposes of this section: (a) "BA" means a baccalaureate degree. (b) "MA" means a masters degree. (c) "PHD" means a doctorate degree. (d) "Years of service" shall be calculated under the same rules adopted by the superintendent of public instruction. (e) "Credits" means college quarter hour credits and equivalent in-service credits computed in accordance with RCW 28A.415.020. (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 as required by the annual school performance report, under RCW 28A.320.205, 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). NEW SECTION. Sec. 504. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTSGeneral Fund Appropriation (FY 1998). . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$79,979,000General Fund Appropriation (FY 1999)$116,309,000TOTAL APPROPRIATION$196,288,000The appropriations in this section are subject to the following conditions and limitations: (1) $176,537,000 is provided for a cost of living adjustment of 3.0 percent effective September 1, 1997, for state formula staff units. The appropriations include associated incremental fringe benefit allocations at rates 19.58 percent for certificated staff and 15.15 percent for classified staff. (a) The appropriations in this section include 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 part VII 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 appropriations in this section provide salary increase and incremental fringe benefit allocations based on formula adjustments as follows: (i) For pupil transportation, an increase of $0.60 per weighted pupil-mile for the 1997-98 school year and maintained for the 1998-99 school year; (ii) For education of highly capable students, an increase of $6.81 per formula student for the 1997-98 school year and maintained for the 1998-99 school year; and (iii) For transitional bilingual education, an increase of $17.69 per eligible bilingual student for the 1997-98 school year and maintained for the 1998-99 school year; and (iv) For learning assistance, an increase of $8.74 per entitlement unit for the 1997-98 school year and maintained for the 1998-99 school year. (c) The appropriations in this section include $912,000 for salary increase adjustments for substitute teachers at a rate of $10.64 per unit in the 1997-98 school year and maintained in the 1998-99 school year. (2) $19,751,000 is provided for adjustments to insurance benefit allocations. The maintenance rate for insurance benefit allocations is $314.51 per month for the 1997-98 and 1998-99 school years. The appropriations in this section provide increases of $2.83 per month for the 1997-98 school year and $18.41 per month for the 1998-99 school year at the following rates: (a) For pupil transportation, an increase of $0.03 per weighted pupil-mile for the 1997-98 school year and $0.19 for the 1998-99 school year; (b) For education of highly capable students, an increase of $0.20 per formula student for the 1997-98 school year and $1.35 for the 1998-99 school year; (c) For transitional bilingual education, an increase of $0.46 per eligible bilingual student for the 1997-98 school year and $3.44 for the 1998-99 school year; and (d) For learning assistance, an increase of $0.36 per funded unit for the 1997-98 school year and $2.70 for the 1998-99 school year. (3) The rates specified in this section are subject to revision each year by the legislature. (4)(a) For the 1997-98 school year, the superintendent shall prepare a report showing the allowable derived base salary for certificated instructional staff in accordance with RCW 28A.400.200 and LEAP Document 12D, and the actual derived base salary paid by each school district as shown on the S-275 report and shall make the report available to the fiscal committees of the legislature no later than February 15, 1998. (b) For the 1998-99 school year, the superintendent shall reduce the percent of salary increase funds provided in section 504 of this act by the percentage by which a district exceeds the allowable derived base salary for certificated instructional staff as shown on LEAP Document 12D. NEW SECTION. Sec. 505. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PUPIL TRANSPORTATIONGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$174,344,000General Fund Appropriation (FY 1999)$179,560,000TOTAL APPROPRIATION$353,904,000The appropriations in this section are subject to the following conditions and limitations: (1) The appropriation for fiscal year 1998 includes such funds as are necessary for the remaining months of the 1996-97 school year. (2) A maximum of $1,451,000 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. (3) $35,000 of the fiscal year 1998 appropriation and $35,000 of the fiscal year 1999 appropriation are 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. (4) Allocations for transportation of students shall be based on reimbursement rates of $34.47 per weighted mile in the 1997-98 school year and $34.76 per weighted mile in the 1998-99 school year exclusive of salary and benefit adjustments provided in section 504 of this act. Allocations for transportation of students transported more than one radius mile shall be based on weighted miles as determined by superintendent of public instruction times the per mile reimbursement rates for the school year pursuant to the formulas adopted by the superintendent of public instruction. Allocations for transportation of students living within one radius mile shall be based on the number of enrolled students in grades kindergarten through five living within one radius mile of their assigned school times the per mile reimbursement rate for the school year times 1.29. NEW SECTION. Sec. 506. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SCHOOL FOOD SERVICE PROGRAMSGeneral Fund--State Appropriation (FY 1998). . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .$3,075,000General Fund--State Appropriation (FY 1999)$3,075,000General Fund--Federal Appropriation $194,483,000TOTAL APPROPRIATION$200,633,000The appropriations in this section are subject to the following conditions and limitations: (1) The general fund--state appropriations are provided for state matching money for federal child nutrition programs. (2) $75,000 of the general fund--state appropriation for fiscal year 1998 and $75,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to replace lost federal funding for summer food programs for children in low-income areas. NEW SECTION. Sec. 507. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SPECIAL EDUCATION PROGRAMSGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$370,486,000General Fund--State Appropriation (FY 1999)$374,327,000General Fund--Federal Appropriation$135,106,000TOTAL APPROPRIATION$879,919,000The appropriations in this section are subject to the following conditions and limitations: (1) The appropriation for fiscal year 1998 includes such funds as are necessary for the remaining months of the 1996-97 school year. (2) The superintendent of public instruction shall distribute state funds to school districts based on two categories, the optional birth through age two program for special education eligible developmentally delayed infants and toddlers, and the mandatory special education program for special education eligible students ages three to twenty-one. A "special education eligible student" means a student receiving specially designed instruction in accordance with a properly formulated individualized education program. (3) For the 1997-98 and 1998-99 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 funded enrollment percent determined pursuant to subsection (4)(c) of this section, times the district's average basic education allocation per full-time equivalent student times 0.9309. (4) 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 1997-98 and the 1998-99 school years, each district's funded 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 greater than 12.7 percent; or (C) For 1997-98, the 1994-95 enrollment percent reduced by 75 percent of the difference between the district's 1994-95 enrollment percent and 12.7 percent and for 1998-99, 12.7 percent. (5) $12,000,000 of the general fund--state appropriation for fiscal year 1998 and $12,000,000 of the general fund--state appropriation for fiscal year 1999 are provided as safety net funding for districts with demonstrated needs for state special education funding beyond the amounts provided in subsection (3) of this section. Safety net funding shall be awarded by the state safety net oversight committee. (a) The safety net oversight committee shall first consider the needs of districts adversely affected by the 1995 change in the special education funding formula. Awards shall be based on the amount required to maintain the 1994-95 state special education excess cost allocation to the school district in aggregate or on a dollar per funded student basis. (b) The committee shall then consider unusual needs of districts due to a special education population which differs significantly from the assumptions of the state funding formula. Awards shall be made to districts that convincingly demonstrate need due to the concentration and/or severity of disabilities in the district. Differences in program costs attributable to district philosophy or service delivery style are not a basis for safety net awards. (6) Prior to June 1st of each year, the superintendent shall make available to each school district from available data: (a) The district's 1994-95 enrollment percent; and (b) The district's maximum funded enrollment percent for the coming school year. (7) The superintendent of public instruction may adopt such rules and procedures as are necessary to administer the special education funding and safety net award process. Prior to revising any standards, procedures, or rules in place for the 1996-97 school year, the superintendent shall consult with the office of financial management and the fiscal committees of the legislature. (8) The safety net oversight committee appointed by the superintendent of public instruction shall consist of: (a) Staff of the office of superintendent of public instruction; (b) Staff of the office of the state auditor; (c) Staff from the office of the financial management; and (d) One or more representatives from school districts or educational service districts knowledgeable of special education programs and funding. (9) A maximum of $4,500,000 of the general fund--federal appropriation shall be expended for safety net funding to meet the extraordinary needs of one or more individual special education students. (10) A maximum of $678,000 may be expended from the general fund--state appropriations to fund 5.43 full-time equivalent teachers and 2.1 full-time equivalent aides at children's orthopedic hospital and medical center. This amount is in lieu of money provided through the home and hospital allocation and the special education program. (11) A maximum of $1,000,000 of the general fund--federal appropriation is provided 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. (12) A school district may carry over up to 10 percent of general fund--state funds allocated under this program; however, carry over funds shall be expended in the special education program. (13) Beginning in the 1997-98 school year, the superintendent shall increase the percentage of federal flow-through to school districts to at least 84 percent. In addition to other purposes, school districts may use increased federal funds for high cost students, for purchasing regional special education services from educational service districts, and for staff development activities particularly relating to inclusion issues. (14) Up to one percent of the general fund--federal appropriation shall be expended by the superintendent for projects related to use of inclusion strategies by school districts for provision of special education services. The superintendent shall prepare an information database on laws, best practices, examples of programs, and recommended resources. The information may be disseminated in a variety of ways, including workshops and other staff development activities. (15) Amounts appropriated within this section are sufficient to fund section 5 of Second Substitute House Bill No. 1709 (mandate on school districts). NEW SECTION. Sec. 508. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR TRAFFIC SAFETY EDUCATION PROGRAMSPublic Safety and Education Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$17,179,000The 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 1996-97 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 1997-98 and 1998-99 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 1997-98 and 1998-99 school years. NEW SECTION. Sec. 509. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR EDUCATIONAL SERVICE DISTRICTSGeneral Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4,373,000General Fund Appropriation (FY 1999)$4,373,000TOTAL APPROPRIATION$8,746,000The appropriations in this section are subject to the following conditions and limitations: (1) The educational service districts shall continue to furnish financial services required by the superintendent of public instruction and RCW 28A.310.190 (3) and (4). (2) $112,000 of the general fund appropriation for fiscal year 1998 and $113,000 of the general fund appropriation for fiscal year 1999 are provided solely for student teaching centers as provided in RCW 28A.415.100. (3) A maximum of $500,000 is provided for centers for the improvement of teaching pursuant to RCW 28A.415.010. NEW SECTION. Sec. 510. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR LOCAL EFFORT ASSISTANCEGeneral Fund Appropriation (FY 1998). . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$84,598,000General Fund Appropriation (FY 1999)$89,354,000TOTAL APPROPRIATION$173,952,000NEW SECTION. Sec. 511. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR THE ELEMENTARY AND SECONDARY SCHOOL IMPROVEMENT ACTGeneral Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $255,987,000NEW SECTION. Sec. 512. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR INSTITUTIONAL EDUCATION PROGRAMSGeneral Fund--State Appropriation (FY 1998). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$18,327,000General Fund--State Appropriation (FY 1999)$19,131,000General Fund--Federal Appropriation$8,548,000TOTAL APPROPRIATION$46,006,000The appropriations in this section are subject to the following conditions and limitations: (1) The general fund--state appropriation for fiscal year 1998 includes such funds as are necessary for the remaining months of the 1996-97 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 shall remain the same as those funded in the 1995-97 biennium. NEW SECTION. Sec. 513. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PROGRAMS FOR HIGHLY CAPABLE STUDENTSGeneral Fund Appropriation (FY 1998). . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,747,000General Fund Appropriation (FY 1999)$6,179,000TOTAL APPROPRIATION$11,926,000The appropriations in this section are subject to the following conditions and limitations: (1) The appropriation for fiscal year 1998 includes such funds as are necessary for the remaining months of the 1996-97 school year. (2) Allocations for school district programs for highly capable students shall be distributed at a maximum rate of $311.35 per funded student for the 1997-98 school year and $311.78 per funded student for the 1998-99 school year, exclusive of salary and benefit adjustments pursuant to section 504 of this act. The number of funded students shall be a maximum of two percent of each district's full-time equivalent basic education enrollment. (3) $350,000 of the appropriation is for the centrum program at Fort Worden state park. Centrum shall report financial and program performance data as requested by the designee of the speaker of the house of representatives for the highly capable program. (4) $186,000 of the appropriation is for the odyssey of the mind and future problem-solving programs. These programs shall report financial and program performance data as requested by the designee of the speaker of the house of representatives for the highly capable program. NEW SECTION. Sec. 514. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--EDUCATION REFORM PROGRAMSGeneral Fund--State Appropriation (FY 1998). . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .$18,906,000General Fund--State Appropriation (FY 1999)$21,870,000General Fund--Federal Appropriation$15,474,000TOTAL APPROPRIATION$56,250,000The appropriations in this section are subject to the following conditions and limitations: (1) $18,106,000 is provided for the operation of the commission on student learning and the development and implementation of student assessments. The commission shall cooperate with the superintendent of public instruction in defining measures of student achievement to be included in the student record system developed by the superintendent pursuant to section 501(1)(b) of this act. (2) $2,190,000 is provided solely for training of paraprofessional classroom assistants and certificated staff who work with classroom assistants as provided in RCW 28A.415.310. (3) $2,970,000 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. (4) $4,050,000 is provided for improving technology infrastructure, monitoring and reporting on school district technology development, promoting standards for school district technology, promoting statewide coordination and planning for technology development, and providing regional educational technology support centers, including state support activities, under chapter 28A.650 RCW. (5) $5,000,000 is provided solely for the meals for kids program under RCW 28A.235.145 through 28A.235.155. (6) $1,260,000 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). (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. NEW SECTION. Sec. 515. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR TRANSITIONAL BILINGUAL PROGRAMSGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$31,275,000General Fund Appropriation (FY 1999)$33,356,000TOTAL APPROPRIATION$64,631,000The appropriations in this section are subject to the following conditions and limitations: (1) The appropriation for fiscal year 1998 provides such funds as are necessary for the remaining months of the 1996-97 school year. (2) A student shall be eligible for funding under this section if the student is enrolled in grades K-12 pursuant to WAC 392-121-106 and is receiving specialized instruction pursuant to chapter 28A.180 RCW. (3) The superintendent shall distribute a maximum of $643.78 per eligible weighted bilingual student in the 1997-98 and 1998-99 school years exclusive of salary and benefit adjustments provided in section 504 of this act. (4) The following factors shall be used to calculate weightings for the 1997-98 school year and 1998-99 school year. (a) Grades Level (i) K-5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 (ii) 6-8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 (iii) 9-12.. . . . . . . . . . . . . . . . . . . . . . . . .72 (b) Time in Program (i) Up to 1 year. . . .. . . . . . . . . . . . . . . . . . . . . .82 (ii) 1 to 2 years. . . .. . . . . . . . . . . . . . . . .62 (iii) 2 to 3 years. . . . . . . . . . . . . . . . . . . . . . . . .41 (iv) more than 3 years. . . . . . . . . . . . . . . . . . . . . . .21 (c) The grade level weight and time in program weight shall be summed for each eligible student and the result shall be multiplied by the rate per weighted student specified in subsection (3) of this section. (d) Time in program under (b) of this subsection shall be calculated in accordance with WAC 392-160-035. NEW SECTION. Sec. 516. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR THE LEARNING ASSISTANCE PROGRAMGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$60,309,000General Fund Appropriation (FY 1999)$60,862,000TOTAL APPROPRIATION$121,171,000The appropriations in this section are subject to the following conditions and limitations: (1) The appropriation for fiscal year 1998 provides such funds as are necessary for the remaining months of the 1996-97 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 maximum rates of $378.33 per funded unit for the 1997-98 school year and $379.47 per funded unit for the 1998-99 school year exclusive of salary and benefit adjustments provided in section 504 of this act. 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 funded units for the 1997-98 and 1998-99 school years shall be the sum of the following: (i) The district's 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 district's 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 in the prior school year the district's percentage of October headcount enrollment in grades K-12 eligible for free and reduced price lunch exceeded 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 K-12 annual average full-time equivalent enrollment for the current school year times 22.30 percent. NEW SECTION. Sec. 517. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--LOCAL ENHANCEMENT FUNDSGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $43,508,000General Fund Appropriation (FY 1999)$50,150,000TOTAL APPROPRIATION$93,658,000The appropriations in this section are subject to the following conditions and limitations: (1) A maximum of $40,841,000 is provided for learning improvement allocations to school districts to enhance the ability of instructional staff to teach and assess the essential academic learning requirements for reading, writing, communication, and math in accordance with the timelines and requirements established under RCW 28A.630.885. For purposes of this program, the school for the deaf and the school for the blind shall be considered school districts. However, special emphasis shall be given to the successful teaching of reading. Allocations under this section shall be subject to the following conditions and limitations: (a) In accordance with the timetable for the implementation of the assessment system by the commission on student learning, the allocations for the 1997-98 and 1998-99 school years shall be at a maximum annual rate per full-time equivalent student of $30 for students enrolled in grades K-4, $24 for students enrolled in grades 5-7, and $18 for students enrolled in grades 8-12. Allocations shall be made on the monthly apportionment schedule provided in RCW 28A.510.250. (b) A district receiving learning improvement allocations shall: (i) Develop and keep on file at each building a student learning improvement plan to achieve the student learning goals and essential academic learning requirements and to implement the assessment system as it is developed; (ii) Maintain a policy regarding the involvement of school staff, parents, and community members in instructional decisions; (iii) File a report by October 1, 1998, and October 1, 1999, with the office of the superintendent of public instruction, in a format developed by the superintendent that: Enumerates the activities funded by these allocations; the amount expended for each activity; describes how the activity improved understanding, teaching, and assessment of the essential academic learning requirements by instructional staff; and identifies any amounts expended from this allocation for supplemental contracts; and (iv) Provide parents and the local community with information on the use of this allocation by including in the annual performance report required in RCW 28A.320.205, information on how funds allocated under this subsection were spent and the results achieved. (c) The superintendent of public instruction shall compile and analyze the school district reports and present the results to the office of financial management and the appropriate committees of the legislature no later than November 15, 1998, and November 15, 1999. (2) $52,817,000 is provided for local education program enhancements to meet educational needs as identified by the school district. This amount includes such amounts as are necessary for the remainder of the 1996-97 school year. Allocations for the 1997-98 and 1998-99 school year shall be at a maximum annual rate of $28.04 per full-time equivalent student as determined pursuant to subsection (3) of this section. Allocations shall be made on the monthly apportionment payment schedule provided in RCW 28A.510.250. (3) Allocations provided under this section shall be based on school district annual average full-time equivalent enrollment in grades kindergarten through twelve: PROVIDED, That 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) Funding provided pursuant to this section does not fall within the definition of basic education for purposes of Article IX of the state Constitution and the state's funding duty thereunder. (5) 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: (1) 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); and (2) The district is filing truancy petitions as required under chapter 312, Laws of 1995 and RCW 28A.225.030.PART VIHIGHER EDUCATIONNEW SECTION. Sec. 601. 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)(a) The salary increases provided or referenced in this subsection shall be the 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. (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 3.0 percent on July 1, 1997. 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 3.0 percent on July 1, 1997. 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. To collect consistent data for use by the legislature, the office of financial management, and other state agencies for policy and planning purposes, institutions of higher education shall report personnel data to be used in the department of personnel's human resource data warehouse in compliance with uniform reporting procedures established by the department of personnel. (c) Each institution of higher education receiving appropriations under sections 604 through 609 of this act may 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, but not including employees under RCW 28B.16.015, an additional average salary increase of 1.0 percent on July 1, 1997, and an average salary increase of 2.0 percent on July 1, 1998. Any salary increases authorized under this subsection (2)(c) shall not be included in an institution's salary base. It is the intent of the legislature that general fund--state support for an institution shall not increase during the current or any future biennium as a result of any salary increases authorized under this subsection (2)(c). (d) Specific salary increases authorized in sections 603 through 609 of this act are in addition to any salary increase provided in this subsection. (3) Each institution receiving appropriations under sections 604 through 609 of this act, at the direction of the higher education coordinating board, shall submit to the board strategies for achieving measurable and specific improvements in academic years 1997-98 and 1998-99 for the following four performance and accountability measures and the state-wide performance goal for each:Goal(a) Undergraduate degrees granted per full-time equivalent(FTE) instructional faculty:Research universities4Comprehensive universities9(b) Undergraduate student retention, defined as the numberof undergraduate students who return for the next year at thesame institution measured from fall to fall: Research universities95%Comprehensive universities90%(c) Graduation rates, defined as the percent of an enteringfreshman class at each institution that graduates within fouryears 50%(d) Undergraduate graduation efficiency index95
(4) The state board for community and technical colleges shall develop an implementation plan for measurable and specific improvements in productivity, efficiency, and student retention in academic years 1997-98 and 1998-99 consistent with the performance management system developed by the work force training and education coordinating board and for the following long-term performance goals:Goal(a) Hourly wages for vocational graduates$12/hour(b) Academic students transferring to Washington highereducation institutions67%(c) Core course completion rates85%(d) Graduation efficiency index95NEW SECTION. Sec. 602. (1) The appropriations in sections 603 through 609 of this act provide state general fund support or employment and training trust account support for full-time equivalent student enrollments at each institution of higher education. Listed below are the annual full-time equivalent student enrollments by institution assumed in this act.
1997-981998-99AnnualAnnualAverageAverageUniversity of Washington32,79933,399Washington State University19,48520,075Central Washington University7,3467,446Eastern Washington University 7,7397,739The Evergreen State College3,4963,576Western Washington University10,18310,353State Board for Community andTechnical Colleges116,426118,526Higher Education CoordinatingBoard 5050(2) Based on 10th day student enrollment data for the 1997 autumn term and the office of financial management's fall 1997 full-time equivalent student (FTE) budget driver report, for each FTE below the target FTE, funding per FTE of state general fund shall be placed into reserve by allotment amendment by November 15, 1997. Based on 10th day student enrollment data for the 1998 autumn term, and the office of financial management's fall 1998 full-time equivalent student (FTE) budget driver report, for each FTE below the target FTE, funding per FTE of state general fund shall be placed into reserve by allotment amendment by November 15, 1998. Target FTE and funding per FTE for each institution are as follows:
1997-98 1997-98 1998-99 1998-99 TargetFundingTargetFundingFTEPer FTEFTEPer FTEUniversity of Washington31,815$3,95032,397$3,874Washington State University18,900$3,95019,473$3,874Central Washington University 7,126 $4,607 7,223$4,550The Evergreen State College 3,391$4,607 3,469$4,550Western Washington University 9,878 $4,60710,042$4,550 NEW SECTION. Sec. 603. FOR THE STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGESGeneral Fund--State Appropriation (FY 1998)$381,878,000General Fund--State Appropriation (FY 1999)$420,513,000General Fund--Federal Appropriation$11,404,000Employment and Training Trust AccountAppropriation. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$26,796,000TOTAL APPROPRIATION$840,591,000The appropriations in this section are subject to the following conditions and limitations:(1) $2,718,000 of the general fund--state appropriation for fiscal year 1998 and $4,079,000 of the general fund--state appropriation for fiscal year 1999 shall be held in reserve by the board. These funds are provided to improve instructional efficiency and the quality of educational programs. The board may approve the fiscal year 1998 allocation of funds under this subsection upon completion of an implementation plan. The implementation plan shall be submitted by the board to the legislature and the office of financial management in accordance with section 601(4) of this act by September 1, 1997. The board may approve the fiscal year 1999 allocation of funds under this subsection based on the board's evaluation of:(a) College performance compared to the goals for quality improvement and instructional efficiency as submitted in the plan required in section 601(4) of this act; and(b) The quality and effectiveness of the strategies the colleges propose to achieve continued improvement in quality and efficiency during the 1998-99 academic year.(2) $490,000 of the general fund--state appropriation, $26,796,000 of the employment and training trust account appropriation for fiscal year 1998, and $27,186,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for training and related support services specified in chapter 226, Laws of 1993 (employment and training for unemployed workers) and House Bill No. 2214. Of this amount:(a) $51,534,000 is to provide enrollment opportunity for 7,200 full-time equivalent students in fiscal year 1998 and 7,200 full-time equivalent students in fiscal year 1999. 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 equivalent students provided in this subsection.(b) $2,938,000 is to provide support services that may include child care assistance, transportation, and financial aid for the student enrollments funded in (a) of this subsection.(3) $1,441,000 of the general fund--state appropriation for fiscal year 1998 and $1,441,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for 500 FTE enrollment slots to implement RCW 28B.50.259 (timber-dependent communities).(4) $1,862,500 of the general fund--state appropriation for fiscal year 1998 and $1,862,500 of the general fund--state appropriation for fiscal year 1999 are provided solely for assessment of student outcomes at community and technical colleges.(5) $706,000 of the general fund--state appropriation for fiscal year 1998 and $706,000 of general fund--state appropriation for fiscal year 1999 are provided solely to recruit and retain minority students and faculty.(6) Up to $1,035,000 of the general fund--state appropriation for fiscal year 1998 and up to $2,102,000 of the general fund--state appropriation for fiscal year 1999 may be used in combination with salary and benefit savings from faculty turnover to provide faculty salary increments and associated benefits. To the extent general salary increase funding is used to pay faculty increments, the general salary increase shall be reduced by the same amount.(7) $1,467,000 of the general fund--state appropriation for fiscal year 1998 and $1,467,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to address part-time faculty salary disparities for part-time faculty teaching more than one course.(8) $83,000 of the general fund--state appropriation for fiscal year 1998 and $1,567,000 of the general fund--state appropriation for fiscal year 1999 are provided for personnel and expenses to develop curricula, library resources, and operations of Cascadia Community College.(9) The technical colleges may increase tuition and fees to conform with the percentage increase in community college operating fees authorized in House Bill No. 2262 (higher education tuition and fees). The community colleges may charge up to the maximum level authorized for services and activities fees in RCW 28B.15.069.(10) $500,000 of the general fund--state appropriation for fiscal year 1998 and $500,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for a maximum of 10 incentive grants in each fiscal year to community and technical colleges. The board shall make grants to the colleges for productivity enhancements in student services and instruction that facilitate student progress, and for innovation proposals that provide greater student access and learning opportunities.(11) Community and technical colleges with below-average faculty salaries may use funds identified by the state board in the 1997-98 and 1998-99 operating allocations to increase faculty salaries no higher than the system-wide average.NEW SECTION. Sec. 604. FOR UNIVERSITY OF WASHINGTONGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$280,895,000General Fund Appropriation (FY 1999)$284,127,000Death Investigations Account Appropriation$1,810,000Industrial Insurance Premium Refund AccountAppropriation. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 514,000Accident Account Appropriation$4,969,000Medical Aid Account Appropriation$4,989,000TOTAL APPROPRIATION$577,304,000The appropriations in this section are subject to the following conditions and limitations:(1) $186,000 of the general fund appropriation for fiscal year 1998 and $186,000 of the general fund appropriation for fiscal year 1999 are provided solely for assessment of student outcomes.(2) $324,000 of the general fund appropriation for fiscal year 1998 and $324,000 of the general fund appropriation for fiscal year 1999 are provided solely to recruit and retain minority students and faculty.(3) $130,000 of the general fund appropriation for fiscal year 1998 and $130,000 of the general fund appropriation for fiscal year 1999 are provided solely for the implementation of the Puget Sound work plan agency action item UW-01.(4) $776,000 of the general fund appropriation for fiscal year 1998 and $776,000 of the general fund appropriation for fiscal year 1999 are provided solely for competitively offered faculty recruitment and retention salary adjustments. The university shall provide a report in their 1999-01 biennial operating budget request submittal on the effective expenditure of funds for the purposes in this subsection.(5) $93,500 of the general fund appropriation in this section is provided solely to employ a fossil preparator/educator in the Burke Museum. The entire amount in this subsection shall be provided directly to the Burke Museum.NEW SECTION. Sec. 605. FOR WASHINGTON STATE UNIVERSITYGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$166,843,000General Fund Appropriation (FY 1999)$171,012,000Air Pollution Control Account Appropriation$206,000TOTAL APPROPRIATION$338,061,000The appropriations in this section are subject to the following conditions and limitations:(1) $186,000 of the general fund appropriation for fiscal year 1998 and $186,000 of the general fund appropriation for fiscal year 1999 are provided solely for assessment of student outcomes.(2) $140,000 of the general fund appropriation for fiscal year 1998 and $140,000 of the general fund appropriation for fiscal year 1999 are provided solely to recruit and retain minority students and faculty.(3) $157,000 of the general fund appropriation for fiscal year 1998 and $157,000 of the general fund appropriation for fiscal year 1999 are provided solely for the implementation of the Puget Sound work plan agency action item WSU-01. (4) $365,000 of the general fund appropriation for fiscal year 1998 and $365,000 of the general fund appropriation for fiscal year 1999 are provided solely for competitively offered faculty recruitment and retention salary adjustments. The university shall provide a report in their 1999-01 biennial operating budget request submittal on the effective expenditure of funds for the purposes in this subsection.(5) $25,000 of the general fund appropriation for fiscal year 1998 and $25,000 of the general fund appropriation for fiscal year 1999 are provided solely for state matching funds for creation and maintenance of community gardens as provided in Substitute House Bill No. 1580 (community gardens). If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse.(6) $50,000 of the general fund appropriation for fiscal year 1998 and $50,000 of the general fund appropriation for fiscal year 1999 are provided solely for larkspur research.NEW SECTION. Sec. 606. FOR EASTERN WASHINGTON UNIVERSITYGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$39,115,000General Fund Appropriation (FY 1999)$38,964,000TOTAL APPROPRIATION$78,079,000The appropriations in this section are subject to the following conditions and limitations:(1) $186,000 of the general fund appropriation for fiscal year 1998 and $186,000 of the general fund appropriation for fiscal year 1999 are provided solely for assessment of student outcomes.(2) $93,000 of the general fund appropriation for fiscal year 1998 and $93,000 of the general fund appropriation for fiscal year 1999 are provided solely to recruit and retain minority students and faculty.(3) $53,000 of the general fund--state appropriation for fiscal year 1998 and $54,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for competitively offered faculty recruitment and retention salary adjustments. The university shall provide a report in their 1999-01 biennial operating budget request submittal on the effective expenditure of funds for the purposes in this subsection.(4) $3,188,000 of the general fund appropriation for fiscal year 1998 and $3,188,000 of the general fund appropriation for fiscal year 1999 shall be placed in reserve pending attainment of budgeted enrollments of 6,942 FTEs. The office of financial management may approve the allotment of funds under this subsection at the annual rate of $4,000 for annual student FTEs in excess of 6,942 based on tenth day quarterly enrollment and the office of financial management's quarterly budget driver report. In addition, allotments of reserve funds in this section may be approved by the office of financial management upon approval by the higher education coordinating board for actions that will result in additional enrollment growth.NEW SECTION. Sec. 607. FOR CENTRAL WASHINGTON UNIVERSITYGeneral Fund Appropriation (FY 1998). . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$37,149,000General Fund Appropriation (FY 1999)$38,156,000TOTAL APPROPRIATION$75,305,000The appropriations in this section are subject to the following conditions and limitations:(1) $186,000 of the general fund appropriation for fiscal year 1998 and $186,000 of the general fund appropriation for fiscal year 1999 are provided solely for assessment of student outcomes.(2) $70,000 of the general fund appropriation for fiscal year 1998 and $70,000 of the general fund appropriation for fiscal year 1999 are provided solely to recruit and retain minority students and faculty.(3) $51,000 of the general fund appropriation for fiscal year 1998 and $51,000 of the general fund appropriation for fiscal year 1999 are provided solely for competitively offered faculty recruitment and retention salary adjustments. The college shall provide a report in their 1999-01 biennial operating budget request submittal on the effective expenditure of funds for the purposes in this subsection.NEW SECTION. Sec. 608. FOR THE EVERGREEN STATE COLLEGEGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$20,160,000General Fund Appropriation (FY 1999)$20,321,000TOTAL APPROPRIATION$40,481,000The appropriations in this section is subject to the following conditions and limitations:(1) $186,000 of the general fund appropriation for fiscal year 1998 and $186,000 of the general fund appropriation for fiscal year 1999 are provided solely for assessment of student outcomes.(2) $47,000 of the general fund appropriation for fiscal year 1998 and $47,000 of the general fund appropriation for fiscal year 1999 are provided solely to recruit and retain minority students and faculty.(3) $29,000 of the general fund appropriation for fiscal year 1998 and $29,000 of the general fund appropriation for fiscal year 1999 are provided solely for competitively offered faculty recruitment and retention salary adjustments. The college shall provide a report in their 1999-01 biennial operating budget request submittal on the effective expenditure of funds for the purposes in this subsection.NEW SECTION. Sec. 609. FOR WESTERN WASHINGTON UNIVERSITYGeneral Fund Appropriation (FY 1998). . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$47,706,000General Fund Appropriation (FY 1999)$48,327,000TOTAL APPROPRIATION$96,033,000The appropriations in this section are subject to the following conditions and limitations:(1) $186,000 of the general fund appropriation for fiscal year 1998 and $186,000 of the general fund appropriation for fiscal year 1999 are provided solely for assessment of student outcomes.(2) $93,000 of the general fund appropriation for fiscal year 1998 and $93,000 of the general fund appropriation for fiscal year 1999 are provided solely to recruit and retain minority students and faculty.(3) $66,000 of the general fund appropriation for fiscal year 1998 and $67,000 of the general fund appropriation for fiscal year 1999 are provided solely for competitively offered faculty recruitment and retention salary adjustments. The university shall provide a report in their 1999-01 biennial operating budget request submittal on the effective expenditure of funds for the purposes in this subsection.NEW SECTION. Sec. 610. FOR THE HIGHER EDUCATION COORDINATING BOARD--POLICY COORDINATION AND ADMINISTRATIONGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .$2,084,000General Fund--State Appropriation (FY 1999)$8,491,000General Fund--Federal Appropriation$693,000TOTAL APPROPRIATION$11,268,000The appropriations in this section are provided to carry out the accountability, performance measurement, policy coordination, planning, studies and administrative functions of the board and are subject to the following conditions and limitations:(1) The board shall, in consultation with the institutions receiving appropriations under sections 604 through 609 of this act, develop accountability plans for achieving the four performance and accountability measures defined in section 601(3)(a) for academic year 1997-98. These plans shall specify that the academic year 1995-96 is the baseline year against which performance for academic year 1997-98 shall be measured. The difference between each institution's academic year 1995-96 performance and the state-wide performance goal specified for each of the four measures shall be calculated, and the product of this calculation shall be the performance gap for each institution for each measure. The plan for each institution shall set as a performance target the closing of its performance gap by ten percent in academic year 1997-98 for each measure. The board shall review and recommend changes, if necessary, to the 1997-98 plans at its September 1997 meeting, and report these plans to the office of financial management and to the appropriate legislative committees.(2) $6,396,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for incentive grants to institutions receiving appropriations under sections 604 through 609 of this act for achievement of the performance targets set in the plans for academic year 1997-98 and for submission of accountability plans for achieving the performance targets for academic year 1998-99. The plan for each institution's performance target for each measure for academic year 1998-99 shall use the performance target value for academic year 1997-98 as the new baseline; calculate the difference between this baseline and the state-wide performance goal; and specify the performance gap for 1998-99. Each institution's accountability plan shall target the closing of this recalculated performance gap by ten percent in academic year 1998-99 for each measure. The board shall review and recommend changes, if necessary, to the 1998-99 accountability plans of each institution by its November 1998 meeting, and it shall evaluate each institution's achievement of its 1997-98 performance targets for each accountability measure. Incentive grants shall reflect the proportion of each institution's achievement of its performance target for each measure in 1997-98 and shall be awarded by December 1, 1998.(3) By November 1, 1998, the board shall consult with the institutions of higher education, and recommend to the office of financial management and appropriate legislative committees, performance indicators measuring successful student learning and other student outcomes, and any proposed additions or revisions to the performance and accountability measures in sections 601(3) and 601(4) of this act for possible inclusion in the 1999-01 biennial operating budget.(4) $280,000 of the general fund--state appropriation for fiscal year 1998 and $280,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for enrollment to implement RCW 28B.80.570 through 28B.80.585 (rural natural resources impact areas). The number of students served shall be 50 full-time equivalent students per fiscal year. The board shall ensure that enrollments reported under this subsection meet the criteria outlined in RCW 28B.80.570 through 28B.80.585.(5) $70,000 of the general fund--state appropriation for fiscal year 1998 and $70,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to develop a competency based admissions system for higher education institutions. The board shall complete the competency based admissions system and issue a report outlining the competency based admissions system by January 1999.NEW SECTION. Sec. 611. FOR THE HIGHER EDUCATION COORDINATING BOARD--FINANCIAL AID AND GRANT PROGRAMSGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$91,522,000General Fund--State Appropriation (FY 1999)$93,023,000General Fund--Federal Appropriation$8,255,000TOTAL APPROPRIATION$192,800,000The appropriations in this section are subject to the following conditions and limitations:(1) $527,000 of the general fund--state appropriation for fiscal year 1998 and $526,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the displaced homemakers program.(2) $216,000 of the general fund--state appropriation for fiscal year 1998 and $220,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the western interstate commission for higher education.(3) $118,000 of the general fund--state appropriation for fiscal year 1998 and $118,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the health personnel resources plan.(4) $1,000,000 of the general fund--state appropriation for fiscal year 1998 and $1,000,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the scholarships and loans program 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) $88,848,000 of the general fund--state appropriation for fiscal year 1998 and $90,455,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for student financial aid, including all administrative costs. The amounts in (a), (b), and (c) of this subsection are sufficient to implement Second Substitute House Bill No. 1851 (higher education financial aid). Of these amounts:(a) $65,551,000 of the general fund--state appropriation for fiscal year 1998 and $66,615,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the state need grant program. For the purposes of determination of eligibility for state need grants for the 1997-98 and 1998-99 academic years, the higher education coordinating board shall establish family income equivalencies for independent students having financial responsibility for children and independent students with no financial responsibility for children, respectively, based on the United States bureau of labor statistics' low budget standard for persons in the 20-35 year age group, in accordance with the recommendations of the 1996 student financial aid policy advisory committee. After April 1 of each fiscal year, up to one percent of the annual appropriation for the state need grant program may be transferred to the state work study program;(b) $16,450,000 of the general fund--state appropriation for fiscal year 1998 and $16,750,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the state work study program. After April 1 of each fiscal year, up to one percent of the annual appropriation for the state work study program may be transferred to the state need grant program;(c) $3,750,000 of the general fund--state appropriation for fiscal year 1998 and $3,750,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for educational opportunity grants;(d) A maximum of $1,384,000 of the general fund--state appropriation for fiscal year 1998 and $1,384,000 of the general fund--state appropriation for fiscal year 1999 may be expended for financial aid administration, excluding the four percent state work study program administrative allowance provision;(e) $226,000 of the general fund--state appropriation for fiscal year 1998 and $197,000 of the general fund--state appropriation for fiscal year 1999 are 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 and education coordinating board, to the Washington award for vocational excellence;(f) $990,000 of the general fund--state appropriation for fiscal year 1998 and $1,244,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to implement the 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;(g) $447,000 of the general fund--state appropriation for fiscal year 1998 and $465,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to implement Washington award for vocational excellence program. Any Washington award for vocational program moneys not awarded by April 1st of each year may be transferred by the board to either the educator's excellence awards or, the Washington scholars program;(h) $50,000 of the general fund--state appropriation for fiscal year 1998 and $50,000 of the general fund--state appropriation for fiscal year 1999 are 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; and(i) For the purpose 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.(6) $50,000 of the general fund--state appropriation for fiscal year 1998 and $50,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to implement Engrossed Second Substitute House Bill No. 1372 (Washington advanced college tuition payment program). The amounts in this subsection are a long-term loan for operating and start-up costs of the program and are to be paid back to the state general fund by June 30, 2007. If Engrossed Second Substitute House Bill No. 1372 is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.(7) $375,000 of the general fund--state appropriation for fiscal year 1998 and $375,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the undergraduate fellowship program as provided in Second Substitute House Bill No. 1055. If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse.(8) $25,000 of the general fund--state appropriation for fiscal year 1998 and $25,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the Hispanic American fellowship program as provided in Second Substitute House Bill No. 1622. If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse.NEW SECTION. Sec. 612. FOR THE JOINT CENTER FOR HIGHER EDUCATIONGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,319,000General Fund Appropriation (FY 1999)$1,320,000TOTAL APPROPRIATION$2,639,000NEW SECTION. Sec. 613. FOR THE WORK FORCE TRAINING AND EDUCATION COORDINATING BOARDGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,639,000General Fund--State Appropriation (FY 1999)$1,644,000General Fund--Federal Appropriation$34,378,000TOTAL APPROPRIATION$37,661,000NEW SECTION. Sec. 614. FOR WASHINGTON STATE LIBRARYGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$7,464,000General Fund--State Appropriation (FY 1999)$7,259,000General Fund--Federal Appropriation$4,853,000TOTAL APPROPRIATION$19,576,000The appropriations in this section are subject to the following conditions and limitations:(1) $1,192,758 of the general fund--state appropriation for fiscal year 1998, $1,192,758 of the general fund--state appropriation for fiscal year 1999, and $54,000 of the general fund--federal appropriation are provided for a contract with the Seattle public library for library services for the Washington book and braille library.(2) $198,000 of the general fund--state appropriation for fiscal year 1998 is provided solely for the state library to continue the government information locator service in accordance with chapter 171, Laws of 1996. The state library, in consultation with interested parties, shall prepare an evaluation of the government information locator service by October 1, 1997. The evaluation shall include a cost-benefit analysis, a determination of fiscal impacts to the state, and programmatic information. The evaluation report shall be provided to the appropriate legislative fiscal committees.NEW SECTION. Sec. 615. FOR THE WASHINGTON STATE ARTS COMMISSIONGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . $ 2,015,000General Fund--State Appropriation (FY 1999)$2,013,000General Fund--Federal Appropriation$697,000TOTAL APPROPRIATION$4,725,000NEW SECTION. Sec. 616. FOR THE WASHINGTON STATE HISTORICAL SOCIETYGeneral Fund Appropriation (FY 1998). . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,505,000General Fund Appropriation (FY 1999)$2,534,000TOTAL APPROPRIATION$5,039,000NEW SECTION. Sec. 617. FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETYGeneral Fund Appropriation (FY 1998).. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .$741,000General Fund Appropriation (FY 1999)$1,022,000TOTAL APPROPRIATION$1,763,000NEW SECTION. Sec. 618. FOR THE STATE SCHOOL FOR THE BLINDGeneral Fund--State Appropriation (FY 1998). . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,714,000General Fund--State Appropriation (FY 1999)$3,738,000General Fund--Private/Local Appropriation$192,000TOTAL APPROPRIATION$7,644,000NEW SECTION. Sec. 619. FOR THE STATE SCHOOL FOR THE DEAFGeneral Fund Appropriation (FY 1998). . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$6,458,000General Fund Appropriation (FY 1999)$6,459,000TOTAL APPROPRIATION$12,917,000PART VIISPECIAL APPROPRIATIONSNEW SECTION. Sec. 701. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL FUND BOND DEBTGeneral Fund Appropriation (FY 1998). . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$447,283,000General Fund Appropriation (FY 1999)$485,077,000General Fund Bonds Subject to the Limit BondRetirement Account Appropriation$932,360,000TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .$$1,864,720,000The appropriations in this section are subject to the following conditions and limitations: The general fund appropriation is for deposit into the general fund bonds subject to the limit bond retirement account.NEW SECTION. Sec. 702. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED BY ENTERPRISE ACTIVITIESState Convention & Trade Center AccountAppropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .$34,081,000Accident Account Appropriation$5,108,000Medical Aid Account Appropriation$5,108,000TOTAL APPROPRIATION$44,297,000NEW SECTION. Sec. 703. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED AS PRESCRIBED BY STATUTEGeneral Fund Appropriation (FY 1998).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$23,096,000General Fund Appropriation (FY 1999)$25,603,000General Fund Bonds Excluded from the LimitBond Retirement Account Appropriation. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$48,699,000Reimbursable Bonds Excluded from the Limit BondRetirement Account Appropriation$104,933,000Reimbursable Bonds Subject to the Limit BondRetirement Account Appropriation. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . $402,000TOTAL APPROPRIATION$202,733,000The appropriations in this section are subject to the following conditions and limitations: The general fund appropriation is for deposit into the general fund bonds excluded from the limit bond retirement account.NEW SECTION. Sec. 704. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR DEBT TO BE PAID BY STATUTORILY PRESCRIBED REVENUERevenue Bonds Excluded from the Limit BondRetirement Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .$2,451,000NEW SECTION. Sec. 705. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSESGeneral Fund Appropriation (FY 1998). . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$475,000General Fund Appropriation (FY 1999)$475,000Higher Education Construction Account Appropriation$215,000State Building Construction Account Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$6,374,000Public Safety Reimbursable Bond Account Appropriation$8,000TOTAL APPROPRIATION$7,547,000Total Bond Retirement and Interest Appropriationscontained in sections 701 through 705 of this act.. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . $2,121,748,000NEW SECTION. Sec. 706. FOR THE GOVERNOR--FOR TRANSFER TO THE TORT CLAIMS REVOLVING FUNDGeneral Fund Appropriation (FY 1998). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .$1,205,000General Fund Appropriation (FY 1999)$1,295,000TOTAL APPROPRIATION$2,500,000NEW SECTION. Sec. 707. FOR THE GOVERNOR--AMERICANS WITH DISABILITIES ACTAmericans with Disabilities Special Revolving FundAppropriation. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$426,000The appropriation in this section is subject to the following conditions and limitations:(1) The appropriation shall be used solely to fund requests from state agencies complying with the program requirements of the federal Americans with disabilities act. This appropriation will be administered by the office of financial management and will be apportioned to agencies meeting distribution criteria.(2) To facilitate payment from special funds dedicated to agency programs receiving allocations under this section, the state treasurer is directed to transfer sufficient moneys from the special funds to the Americans with disabilities special revolving fund, hereby created in the state treasury, in accordance with schedules provided by the office of financial management.NEW SECTION. Sec. 708. FOR THE GOVERNOR--TORT DEFENSE SERVICESGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,257,000General Fund Appropriation (FY 1999)$1,257,000Special Fund Agency Tort Defense ServicesRevolving Fund Appropriation$2,513,000TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .$5,027,000The appropriations in this section are subject to the following conditions and limitations: To facilitate payment of tort defense services from special funds, the state treasurer is directed to transfer sufficient moneys from each special fund to the special fund agency tort defense services revolving fund, in accordance with schedules provided by the office of financial management. The governor shall distribute the moneys appropriated in this section to agencies to pay for tort defense services.NEW SECTION. Sec. 709. FOR THE OFFICE OF FINANCIAL MANAGEMENT--EMERGENCY FUNDGeneral Fund Appropriation (FY 1998). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .$500,000General Fund Appropriation (FY 1999)$500,000TOTAL APPROPRIATION$1,000,000The appropriation in this section is for the governor's emergency fund for the critically necessary work of any agency.NEW SECTION. Sec. 710. FOR THE OFFICE OF FINANCIAL MANAGEMENT--YEAR 2000 ALLOCATIONSGeneral Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .$3,379,000General Fund--State Appropriation (FY 1999)$1,961,000General Fund--Federal Appropriation$2,883,000Liquor Revolving Account Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$131,000Health Care Authority Administrative AccountAppropriation$631,000Accident Account Appropriation$1,102,000Medical Aid Account Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,102,000Unemployment Compensation Administration AccountAppropriation$1,313,000Administrative Contingency Account Appropriation$948,000Employment Services Administrative AccountAppropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .$500,000Forest Development Account Appropriation$156,000Off Road Vehicle Account Appropriation$7,000Surveys and Maps Account Appropriation. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,000Aquatic Lands Enhancement Account Appropriation$8,000Resource Management Cost Account Appropriation$348,000TOTAL APPROPRIATION$14,470,000The appropriations in this section are subject to the following conditions and limitations:(1) The appropriations will be allocated by the office of financial management to agencies to complete Year 2000 date conversion maintenance on their computer systems. Agencies shall submit their estimated costs of conversion to the office of financial management by July 1, 1997.(2) Up to $10,000,000 of the cash balance of the data processing revolving account may be expended on agency Year 2000 date conversion costs. The $10,000,000 will be taken from the cash balances of the data processing revolving account's two major users, as follows: $7,000,000 from the department of information services and $3,000,000 from the office of financial management. The office of financial management in consultation with the department of information services shall allocate these funds as needed to complete the date conversion projects.(3) Agencies receiving these allocations shall report at a minimum to the information services board and to the governor every six months on the progress of Year 2000 maintenance efforts.NEW SECTION. Sec. 711. BELATED CLAIMS. The agencies and institutions of the state may expend moneys appropriated in this act, upon approval of the office of financial management, for the payment of supplies and services furnished to the agency or institution in prior fiscal biennia.NEW SECTION. Sec. 712. FOR THE GOVERNOR--COMPENSATION--INSURANCE BENEFITSGeneral Fund--State Appropriation (FY 1998). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .$823,000General Fund--State Appropriation (FY 1999)$6,257,000General Fund--Federal Appropriation$2,431,000General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$146,000Salary and Insurance Increase Revolving AccountAppropriation$5,465,000TOTAL APPROPRIATION$15,122,000The appropriations in this section are subject to the following conditions and limitations:(1)(a) The monthly contribution for insurance benefit premiums shall not exceed $312.35 per eligible employee for fiscal year 1998, and $331.31 for fiscal year 1999.(b) The monthly contribution for the operating costs of the health care authority shall not exceed $4.99 per eligible employee for fiscal year 1998, and $4.44 for fiscal year 1999.(c) Surplus moneys accruing to the public employees' and retirees' insurance account due to lower-than-projected insurance costs 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 prior 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) 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) 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 January 1, 1998, through December 31, 1998, the subsidy shall be $41.26 per month. Starting January 1, 1999, the subsidy shall be $43.16 per month.(4) 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, $14.80 per month beginning September 1, 1997;(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, $14.80 each month beginning September 1, 1997, 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) The salary and insurance increase revolving account appropriation includes amounts sufficient to fund health benefits for ferry workers at the premium levels specified in subsection (1) of this section, consistent with the 1997-99 transportation appropriations act.NEW SECTION. Sec. 713. FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--CONTRIBUTIONS TO RETIREMENT SYSTEMSThe appropriations in this section are subject to the following conditions and limitations: The appropriations shall be made on a monthly basis consistent with chapter 41.45 RCW.(1) There is appropriated for state contributions to the law enforcement officers' and fire fighters' retirement system:General Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .$68,350,000General Fund Appropriation (FY 1999)$72,750,000Of the appropriations in this subsection, $50,000 of the general fund fiscal year 1998 appropriation and $50,000 of the general fund fiscal year 1999 appropriation are provided solely for House Bill No. 1099 (LEOFF retirement plan I). If the bill is not enacted by June 30, 1997, these amounts shall lapse.
(2) There is appropriated for contributions to the judicial retirement system:
General Fund Appropriation (FY 1998). . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . $8,500,000General Fund Appropriation (FY 1999)$8,500,000(3) There is appropriated for contributions to the judges retirement system:General Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .$750,000General Fund Appropriation (FY 1999$750,000TOTAL APPROPRIATION$159,600,000NEW SECTION. Sec. 714. SALARY COST OF LIVING ADJUSTMENTGeneral Fund--State Appropriation (FY 1998). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .$31,031,000General Fund--State Appropriation (FY 1999)$31,421,000General Fund--Federal Appropriation$17,578,000Salary and Insurance Increase Revolving Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$48,678,000TOTAL APPROPRIATION$128,708,000The 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) and (3) of this section, appropriations in this section are provided solely for a 3.0 percent salary increase effective July 1, 1997, 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 3.0 percent salary increase effective July 1, 1997, 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 3.0 percent salary increase effective July 1, 1997, for ferry workers consistent with the 1997-99 transportation appropriations act. (4) 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. 715. FOR THE ATTORNEY GENERAL--SALARY ADJUSTMENTSGeneral Fund Appropriation (FY 1998). . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .$250,000General Fund Appropriation (FY 1999)$250,000Attorney General Salary Increase RevolvingAccount Appropriation$499,000TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .$999,000The appropriations in this section are subject to the following conditions and limitations:(1) The appropriations are provided solely for increases in salaries and related benefits of assistant attorneys general levels 1 and 2. The attorney general shall distribute these funds in a manner that will maintain or increase the quality and experience of the attorney general's staff. Market value, specialization, retention, and performance (including billable hours) shall be the factors in determining the distribution of these funds. (2) To facilitate the transfer of moneys from dedicated funds and accounts, state agencies are directed to transfer sufficient moneys from each dedicated fund or account to the attorney general salary increase revolving account, hereby created in the state treasury, in accordance with schedules provided by the office of financial management. NEW SECTION. Sec. 716. FOR THE OFFICE OF FINANCIAL MANAGEMENT--COMPENSATION ACTIONS OF PERSONNEL RESOURCES BOARDGeneral Fund Appropriation (FY 1998). . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .$5,289,000General Fund Appropriation (FY 1999)$10,642,000Salary and Insurance Increase RevolvingAccount Appropriation$8,862,000TOTAL APPROPRIATION. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .$24,793,000The 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) Funding is provided to fully implement the recommendations of the Washington personnel resources board consistent with the provisions of chapter 319, Laws of 1996. (2) Implementation of the salary adjustments for the various clerical classes, physicians, dental classifications, pharmacists, maintenance custodians, medical records technicians, fish/wildlife biologists, fish/wildlife enforcement, habitat technicians, and fiscal technician classifications will be effective July 1, 1997. Implementation of the salary adjustments for safety classifications, park rangers, park aides, correctional officers/sergeants, community corrections specialists, tax information specialists, industrial relations specialists, electrical classifications at the department of labor and industries, fingerprint technicians, some labor relations classifications, health benefits specialists, foresters/land managers, and liquor enforcement officers will be effective July 1, 1998. NEW SECTION. Sec. 717. The sum of seventy-five million dollars or so much thereof as may be available on June 30, 1998, from the total amount of unspent fiscal year 1998 state general fund appropriations is appropriated for the purposes of House Bill No. 2240 in the manner provided in this section. (1) Of the total appropriated amount, one-half of that portion that is attributable to incentive savings, not to exceed twenty-five million dollars, is appropriated to the savings incentive account for the purpose of improving the quality, efficiency, and effectiveness of agency services, and credited to the agency that generated the savings. (2) The remainder of the total amount, not to exceed seventy million dollars, is appropriated to the education savings account for the purpose of common school construction projects and education technology. (3) For purposes of this section, the total amount of unspent state general fund appropriations does not include the appropriations made in this section or any amounts included in across-the-board allotment reductions under RCW 43.88.110. NEW SECTION. Sec. 718. The sum of seventy-five million dollars or so much thereof as may be available on June 30, 1999, from the total amount of unspent fiscal year 1999 state general fund appropriations is appropriated for the purposes of House Bill No. 2240 in the manner provided in this section. (1) Of the total appropriated amount, one-half of that portion that is attributable to incentive savings, not to exceed twenty-five million dollars, is appropriated to the savings incentive account for the purpose of improving the quality, efficiency, and effectiveness of agency services, and credited to the agency that generated the savings. (2) The remainder of the total amount, not to exceed seventy million dollars, is appropriated to the education savings account for the purpose of common school construction projects and education technology. (3) For purposes of this section, the total amount of unspent state general fund appropriations does not include the appropriations made in this section or any amounts included in across-the-board allotment reductions under RCW 43.88.110.PART VIIIOTHER TRANSFERS AND APPROPRIATIONSNEW SECTION. Sec. 801. FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTIONGeneral Fund Appropriation for fire insurance premiums distribution. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$6,617,250General Fund Appropriation for public utilitydistrict excise tax distribution$35,183,803General Fund Appropriation for prosecuting attorneys salaries. . .. . . . . . . . . . . . . . . . . . . . . . .$2,960,000General Fund Appropriation for motor vehicle excisetax distribution$84,721,573General Fund Appropriation for local mass transitassistance$383,208,166General Fund Appropriation for camper and travel trailer excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .$3,904,937General Fund Appropriation for boatingsafety/education and law enforcement distribution$3,616,000Aquatic Lands Enhancement Account Appropriation for harbor improvement revenue distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$142,000Liquor Excise Tax Account Appropriation for liquorexcise tax distribution$22,287,746Liquor Revolving Fund Appropriation for liquor profits distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .$36,989,000Timber Tax Distribution Account Appropriationfor distribution to "Timber" counties$107,146,000Municipal Sales and Use Tax Equalization Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . $ 66,860,014County Sales and Use Tax Equalization AccountAppropriation$11,843,224Death Investigations Account Appropriation fordistribution to counties for publicly funded autopsies. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,266,000County Criminal Justice Account Appropriation$80,107,471Municipal Criminal Justice Account Appropriation$32,042,450County Public Health Account Appropriation. . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . $ 58,023,588TOTAL APPROPRIATION$940,169,222The total expenditures from the state treasury under the appropriations in this section shall not exceed the funds available under statutory distributions for the stated purposes. NEW SECTION. Sec. 802. FOR THE STATE TREASURER--FEDERAL REVENUES FOR DISTRIBUTIONForest Reserve Fund Appropriation for federal forest reserve fund distribution. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$58,801,910General Fund Appropriation for federal flood controlfunds distribution$4,000General Fund Appropriation for federal grazing fees distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .$52,000General Fund Appropriation for distribution offederal funds to counties in conformance withP.L. 97-99 Federal Aid to Counties$885,916TOTAL APPROPRIATION. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . $59,743,826The total expenditures from the state treasury under the appropriations in this section shall not exceed the funds available under statutory distributions for the stated purposes. NEW SECTION. Sec. 803. FOR THE STATE TREASURER--TRANSFERSGeneral Fund: For transfer to the Water Quality Account. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .$23,705,100General Fund: For transfer to the Flood ControlAssistance Account$3,999,000State Convention and Trade Center Account: For transfer to the State Convention and Trade Center Operations Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4,368,000Public Works Assistance Account: For transfer to theGrowth Management Planning and EnvironmentalReview Account$1,000,000Water Quality Account: For transfer to the Water Pollution Control Account. Transfers shall be made at intervals coinciding with deposits of federal capitalization grant money into the account. The amounts transferred shall not exceed the match required for each federal deposit. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$21,688,000State Treasurer's Service Account: For transfer tothe general fund on or before June 30, 1999 anamount up to $3,600,000 in excess of the cash requirements of the State Treasurer's Service Account. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .$3,600,000Health Services Account: For transfer to the CountyPublic Health Account$2,250,000Public Works Assistance Account: For transfer to the Drinking Water Assistance Account. . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .$9,949,000County Sales and Use Tax Equalization Account: Fortransfer to the County Public Health Account$1,686,000General Fund: For transfer to the Emergency Reserve Fund on or after July 1, 1998. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$100,000,000NEW SECTION. Sec. 804. FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--TRANSFERSGeneral Fund Appropriation: For transfer to the department of retirement systems expense. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$16,000PART IXMISCELLANEOUSNEW SECTION. Sec. 901. EXPENDITURE AUTHORIZATIONS. The appropriations contained in this act are maximum expenditure authorizations. Pursuant to RCW 43.88.037, moneys disbursed from the treasury on the basis of a formal loan agreement shall be recorded as loans receivable and not as expenditures for accounting purposes. To the extent that moneys are disbursed on a loan basis, the corresponding appropriation shall be reduced by the amount of loan moneys disbursed from the treasury during the 1997-99 biennium. NEW SECTION. Sec. 902. INFORMATION SYSTEMS PROJECTS. Agencies shall comply with the following requirements regarding information systems projects when specifically directed to do so by this act. (1) The agency shall produce a feasibility study for each information systems project in accordance with published department of information services instructions. In addition to department of information services requirements, the study shall examine and evaluate the costs and benefits of maintaining the status quo and the costs and benefits of the proposed project. The study shall identify when and in what amount any fiscal savings will accrue, and what programs or fund sources will be affected. (2) The agency shall produce a project management plan for each project. The plan or plans shall address all factors critical to successful completion of each project. The plan shall include, but is not limited to, the following elements: A description of the problem or opportunity that the information systems project is intended to address; a statement of project objectives and assumptions; definition of phases, tasks, and activities to be accomplished and the estimated cost of each phase; a description of how the agency will facilitate responsibilities of oversight agencies; a description of key decision points in the project life cycle; a description of variance control measures; a definitive schedule that shows the elapsed time estimated to complete the project and when each task is to be started and completed; and a description of resource requirements to accomplish the activities within specified time, cost, and functionality constraints. (3) A copy of each feasibility study and project management plan shall be provided to the department of information services, the office of financial management, and legislative fiscal committees. Authority to expend any funds for individual information systems projects is conditioned on approval of the relevant feasibility study and project management plan by the department of information services and the office of financial management. (4) A project status report shall be submitted to the department of information services, the office of financial management, and legislative fiscal committees for each project prior to reaching key decision points identified in the project management plan. Project status reports shall examine and evaluate project management, accomplishments, budget, action to address variances, risk management, costs and benefits analysis, and other aspects critical to completion of a project. Work shall not commence on any task in a subsequent phase of a project until the status report for the preceding key decision point has been approved by the department of information services and the office of financial management. (5) If a project review is requested in accordance with department of information services policies, the reviews shall examine and evaluate: System requirements specifications; scope; system architecture; change controls; documentation; user involvement; training; availability and capability of resources; programming languages and techniques; system inputs and outputs; plans for testing, conversion, implementation, and postimplementation; and other aspects critical to successful construction, integration, and implementation of automated systems. Copies of project review written reports shall be forwarded to the office of financial management and appropriate legislative committees by the agency. (6) A written postimplementation review report shall be prepared by the agency for each information systems project in accordance with published department of information services instructions. In addition to the information requested pursuant to the department of information services instructions, the postimplementation report shall evaluate the degree to which a project accomplished its major objectives including, but not limited to, a comparison of original cost and benefit estimates to actual costs and benefits achieved. Copies of the postimplementation review report shall be provided to the department of information services, the office of financial management, and appropriate legislative committees. NEW SECTION. Sec. 903. VIDEO TELECOMMUNICATIONS. The department of information services shall act as lead agency in coordinating video telecommunications services for state agencies. As lead agency, the department shall develop standards and common specifications for leased and purchased telecommunications equipment and assist state agencies in developing a video telecommunications expenditure plan. No agency may spend any portion of any appropriation in this act for new video telecommunication equipment, new video telecommunication transmission, or new video telecommunication programming, or for expanding current video telecommunication systems without first complying with chapter 43.105 RCW, including but not limited to, RCW 43.105.041(2), and
without first submitting a video telecommunications expenditure plan, in accordance with the policies of the department of information services, for review and assessment by the department of information services under RCW 43.105.052. Prior to any such expenditure by a public school a video telecommunications expenditure plan shall be approved by the superintendent of public instruction,. The office of the superintendent of public instruction shall submit the plans to the department of information services in a form prescribed by the department. The office of the superintendent of public instruction shall coordinate the use of video telecommunications in public schools by providing educational information to local school districts and shall assist local school districts and educational service districts in telecommunications planning and curriculum development. Prior to any such expenditure by a public institution of postsecondary education, a telecommunications expenditure plan shall be approved by the higher education coordinating board. The higher education coordinating board shall coordinate the use of video telecommunication for instruction and instructional support in postsecondary education, including the review and approval of instructional telecommunications course offerings NEW SECTION. Sec. 904. EMERGENCY FUND ALLOCATIONS. Whenever allocations are made from the governor's emergency fund appropriation to an agency that is financed in whole or in part by other than general fund moneys, the director of financial management may direct the repayment of such allocated amount to the general fund from any balance in the fund or funds which finance the agency. No appropriation shall be necessary to effect such repayment. NEW SECTION. Sec. 905. STATUTORY APPROPRIATIONS. In addition to the amounts appropriated in this act for revenues for distribution, state contributions to the law enforcement officers' and fire fighters' retirement system, and bond retirement and interest including ongoing bond registration and transfer charges, transfers, interest on registered warrants, and certificates of indebtedness, there is also appropriated such further amounts as may be required or available for these purposes under any statutory formula or under chapter 39.96 RCW or any proper bond covenant made under law. NEW SECTION. Sec. 906. BOND EXPENSES. In addition to such other appropriations as are made by this act, there is hereby appropriated to the state finance committee from legally available bond proceeds in the applicable construction or building funds and accounts such amounts as are necessary to pay the expenses incurred in the issuance and sale of the subject bonds. NEW SECTION. Sec. 907. LEGISLATIVE FACILITIES. Notwithstanding RCW 43.01.090, the house of representatives, the senate, and the permanent statutory committees shall pay expenses quarterly to the department of general administration facilities and services revolving fund for services rendered by the department for operations, maintenance, and supplies relating to buildings, structures, and facilities used by the legislature for the biennium beginning July 1, 1997. NEW SECTION. Sec. 908. AGENCY RECOVERIES. Except as otherwise provided by law, recoveries of amounts expended pursuant to an appropriation, including but not limited to, payments for material supplied or services rendered under chapter 39.34 RCW, may be expended as part of the original appropriation of the fund to which such recoveries belong, without further or additional appropriation. Such expenditures shall be subject to conditions and procedures prescribed by the director of financial management. The director may authorize expenditure with respect to recoveries accrued but not received, in accordance with generally accepted accounting principles, except that such recoveries shall not be included in revenues or expended against an appropriation for a subsequent fiscal period. This section does not apply to the repayment of loans, except for loans between state agencies. NEW SECTION. Sec. 909. GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. The appropriations of moneys and the designation of funds and accounts by this and other acts of the 1997 legislature shall be construed in a manner consistent with legislation enacted by the 1985, 1987, 1989, 1991, 1993, and 1995 legislatures to conform state funds and accounts with generally accepted accounting principles. Sec. 910. RCW 43.08.250 and 1996 c 283 s 901 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)) 1999, 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. 911. RCW 69.50.520 and 1995 2nd sp.s. c 18 s 919 are each amended to read as follows: The violence reduction and drug enforcement account is created in the state treasury. All designated receipts from RCW 9.41.110(7), 66.24.210(4), 66.24.290(3), 69.50.505(h)(1), 82.08.150(5), 82.24.020(2), 82.64.020, and section 420, chapter 271, Laws of 1989 shall be deposited into the account. Expenditures from the account may be used only for funding services and programs under chapter 271, Laws of 1989 and chapter 7, Laws of 1994 sp. sess., including state incarceration costs. After July 1, ((1997)) 1999, at least seven and one-half percent of expenditures from the account shall be used for providing grants to community networks under chapter 70.190 RCW by the family policy council. NEW SECTION. Sec. 912. Within amounts appropriated in this act, the following state agencies or institutions shall implement the provisions of sections 3, 4, and 5 of Engrossed Second Substitute House Bill No. 1127 (integrated pest management). (1) The department of agriculture; (2) The state noxious weed control board; (3) The department of ecology; (4) The department of fish and wildlife; (5) The parks and recreation commission; (6) The department of natural resources; (7) The department of corrections; (8) The department of general administration; and (9) Each state institution of higher education, for the institution's own building and grounds maintenance. Sec. 913. RCW 70.146.030 and 1996 c 37 s 2 are each amended to read as follows: (1) The water quality account is hereby created in the state treasury. Moneys in the account may be used only in a manner consistent with this chapter. Moneys deposited in the account shall be administered by the department of ecology and shall be subject to legislative appropriation. Moneys placed in the account shall include tax receipts as provided in RCW 82.24.027, 82.26.025, and 82.32.390, principal and interest from the repayment of any loans granted pursuant to this chapter, and any other moneys appropriated to the account by the legislature. (2) The department may use or permit the use of any moneys in the account to make grants or loans to public bodies, including grants to public bodies as cost-sharing moneys in any case where federal, local, or other funds are made available on a cost-sharing basis, for water pollution control facilities and activities, or for purposes of assisting a public body to obtain an ownership interest in water pollution control facilities and/or to defray a part of the payments made by a public body to a service provider under a service agreement entered into pursuant to RCW 70.150.060, within the purposes of this chapter and for related administrative expenses. No more than three percent of the moneys deposited in the account may be used by the department to pay for the administration of the grant and loan program authorized by this chapter. (3) Beginning with the biennium ending June 30, 1997, the department shall present a biennial progress report on the use of moneys from the account to the chairs of the senate committee on ways and means and the house of representatives committee on appropriations. The first report is due June 30, 1996, and the report for each succeeding biennium is due December 31 of the odd-numbered year. The report shall consist of a list of each recipient, project description, and amount of the grant, loan, or both. (4) During the fiscal biennium ending June 30, ((1997)) 1999, moneys in the account may be ((transferred by the legislature to the water right permit processing account)) used for the purposes of supporting the Yakima adjudication proceeding. NEW SECTION. Sec. 914. No funding appropriated in this act shall be expended to support the governor's council on environmental education. NEW SECTION. Sec. 915. 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. 916. 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 July 1, 1997.”, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator West moved that the Senate refuse to concur in the House amendment to Substitute Senate Bill No. 6062 and requests of the House a conference thereon.
PARLIAMENTARY INQUIRY
Senator Snyder: “A parliamentary inquiry, Mr. President. Shouldn't the proper motion be to not concur and ask the House to recede? Shouldn't we give them an opportunity to recede from their amendment and an opportunity to concur in what the Senate originally sent over to them before we head to a conference committee?”
REMARKS BY SENATOR WEST
Senator West: “Thank you, Mr. President. I would simply call your attention and the attention of the body to Reed's Rule 245, which outlines this procedure exactly.”
REPLY BY THE PRESIDENT
President Owen: “Thank you, Senator West. Senator Snyder, it is at the discretion of the maker of the motion to determine which direction they wish to go, but it has been the practice of the body to try to bring the two houses together as quickly as possible.”
PARLIAMENTARY INQUIRY
Senator West: “Mr. President, just to be clear, if this motion were to fail, would that mean then that we did concur with the House budget and accepted it as the amendment to this bill?”
REPLY BY THE PRESIDENT
President Owen: “Senator West, yes that would carry with it the affirmative that we did concur if, in fact, this motion did fail.”
The President declared the question before the Senate to be the motion by Senator West that the Senate refuse to concur in the House amendment to Substitute Senate Bill No. 6062 and requests of the House a conference thereon.
The motion by Senator West carried and the Senate refuses to concur in the House amendment to Substitute Senate Bill No. 6062 and requests of the House a conference thereon.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Substitute Senate Bill No. 6062 and the House amendment thereto: Senators West, Spanel and Strannigan.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MOTION
On motion of Senator Johnson, the Senate advanced to the sixth order of business.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1017, by House Committee on Natural Resources (originally sponsored by Representatives Sehlin, Anderson, Koster, Quall, Huff, L. Thomas and Dunn)
Exchanging state-owned aquatic lands with privately owned lands.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Engrossed Substitute House Bill No. 1017 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. 1017.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1017 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 42. Voting nay: Senators Fairley, Fraser, Kohl, Swanson and Wojahn - 5. Absent: Senator Thibaudeau - 1. Excused: Senator Schow - 1. ENGROSSED SUBSTITUTE HOUSE BILL NO. 1017, 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. 1056, by House Committee on Natural Resources (originally sponsored by Representatives Hatfield, Pennington, Doumit, Mielke, Johnson, Buck, Kessler, Sheldon, Mastin, Grant, Thompson, DeBolt, Quall, Boldt and Linville)
Transferring the status of the Elk River Preserve from a natural area preserve to a natural resources conservation area.
The bill was read the second time.
MOTIONS
On motion of Senator Oke, the following Committee on Natural Resources and Parks amendment was adopted:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. A new section is added to chapter 79.71 RCW to read as follows: The property currently designated as the Elk river natural area preserve is transferred from management under chapter 79.70 RCW as a natural area preserve to management under chapter 79.71 RCW as a natural resources conservation area. The legislature finds that hunting is a suitable low-impact public use within the Elk river natural resources conservation area. The department of natural resources shall incorporate this legislative direction into the management plan developed for the Elk river natural resources conservation area. The department shall work with the department of fish and wildlife to identify hunting opportunities compatible with the area's conservation purposes." On motion of Senator Oke, the following title amendment was adopted:
On page 1, line 1 of the title, after "preserves;" strike the remainder of the title and insert "and adding a new section to chapter 79.71 RCW."
MOTION
On motion of Senator Oke, the rules were suspended, Engrossed Substitute House Bill No. 1056, 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 Engrossed Substitute House Bill No. 1056, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1056, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 43. Voting nay: Senators Fairley, Heavey, Kohl, Swanson and Thibaudeau - 5. Excused: Senator Schow - 1. ENGROSSED SUBSTITUTE HOUSE BILL NO. 1056, 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
SUBSTITUTE HOUSE BILL NO. 1729, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Schoesler, Grant and Linville)
Changing irrigation district administration provisions.
The bill was read the second time.
MOTION
Senator Fraser moved that the following amendment by Senators Fraser and Morton be adopted:
On page 2, line 37 , after "discharged" insert "directly" Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Fraser and Morton on page 2, line 37, to Substitute House Bill No. 1729.
The motion by Senator Fraser carried and the amendment was adopted.
MOTION
On motion of Senator Morton, the rules were suspended, Substitute House Bill No. 1729, 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. 1729, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1729, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Voting nay: Senator Fairley - 1. Excused: Senator Schow - 1. SUBSTITUTE HOUSE BILL NO. 1729, 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 Johnson, the Senate advanced to the ninth order of business.
MOTION
Pursuant to Senate Rule 48, Senator Johnson moved that the Committee on Law and Justice be relieved of the following list of bills and that those bills be referred to the Committee on Rules:
SUBSTITUTE HOUSE BILL NO. 1043,
SUBSTITUTE HOUSE BILL NO. 1072,
HOUSE BILL NO. 1082,
SUBSTITUTE HOUSE BILL NO. 1083,
HOUSE BILL NO. 1091,
HOUSE BILL NO. 1117,
HOUSE BILL NO. 1129,
HOUSE BILL NO. 1165,
HOUSE BILL NO. 1181,
ENGROSSED HOUSE BILL NO. 1186,
SUBSTITUTE HOUSE BILL NO. 1245,
ENGROSSED HOUSE BILL NO. 1254,
HOUSE BILL NO. 1308,
HOUSE BILL NO. 1309,
HOUSE BILL NO. 1312,
SUBSTITUTE HOUSE BILL NO. 1313,
SUBSTITUTE HOUSE BILL NO. 1380,
ENGROSSED HOUSE BILL NO. 1391,
HOUSE BILL NO. 1398,
ENGROSSED HOUSE BILL NO. 1408,
HOUSE BILL NO. 1534,
SUBSTITUTE HOUSE BILL NO. 1541,
HOUSE BILL NO. 1559,
HOUSE BILL NO. 1716,
ENGROSSED HOUSE BILL NO. 1740,
SUBSTITUTE HOUSE BILL NO. 1800,
SUBSTITUTE HOUSE BILL NO. 1886,
SUBSTITUTE HOUSE BILL NO. 2008,
ENGROSSED HOUSE BILL NO. 2094.
EDITOR'S NOTE: Senate Rule 48 states, 'Any standing committee of the senate may be relieved of further consideration of any bill, regardless of prior action of the committee, by a majority vote of the senators elected. The senate may then make such orderly disposition of the bill as they may direct by a majority vote of the members of the senate.'
POINT OF ORDER
Senator Snyder: “A point of order, Mr. President. We adopted Senate Concurrent Resolution No. 8402 earlier in the session, which established cut offs for different times of getting bills out of committee and Senate Bills out of the Senate, with a few exceptions. On line 20, page 1, Subsection 4 of the resolution, it says, 'Friday, April 4, 1997, the eighty-second day will be final day to read in committee reports on bills from the opposite house with the exception of reports from the Senate Ways and Means, Senate Transportation and House of Representatives fiscal committees.' Therefore, I believe that Senator Johnson's motion is out of order and it takes an amendment which would take two-thirds vote to amend Resolution No. 8402.”
RULING BY THE PRESIDENT
President Owen: “The President believes that Senator Snyder's point is well taken.”
MOTION FOR RECONSIDERATION
Having served prior notice, Senator Snyder moved to now reconsider the vote by which Substitute House Bill No. 1829 failed to pass the Senate on April 11, 1997.
The President declared the question before the Senate to be the motion by Senator Snyder to reconsider the vote by which Substitute House Bill No. 1829 passed the Senate,.
The motion by Senator Snyder carried and the Senate will reconsider the vote by which Substitute House Bill No. 1829 passed the Senate.
MOTION
On motion of Senator Johnson, the rules were suspended, Substitute House Bill No. 1829, on reconsideration, was returned to second reading.
MOTION
On motion of Senator Johnson, further consideration of Substitute House Bill No. 1829, on reconsideration, was deferred.
MOTION
On motion of Senator Johnson, the Senate returned to the sixth order of business.
SECOND READING
HOUSE BILL NO. 1330, by Representatives L. Thomas, Grant, Zellinsky, Sheldon and Mielke
Modifying the administration of the responsibilities of self-insurers.
The bill was read the second time.
MOTION
Senator Horn moved that the following Committee on Commerce and Labor amendment be adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 51.14.020 and 1995 c 31 s 1 are each amended to read as follows: (1) An employer may qualify as a self-insurer by establishing to the director's satisfaction that he or she has sufficient financial ability to make certain the prompt payment of all compensation under this title and all assessments which may become due from such employer. Each application for certification as a self-insurer submitted by an employer shall be accompanied by payment of a fee of one hundred fifty dollars or such larger sum as the director shall find necessary for the administrative costs of evaluation of the applicant's qualifications. Any employer who has formerly been certified as a self-insurer and thereafter ceases to be so certified may not apply for certification within three years of ceasing to have been so certified. (2)(a) A self-insurer may be required by the director to supplement existing financial ability by depositing in an escrow account in a depository designated by the director, money and/or corporate or governmental securities approved by the director, or a surety bond written by any company admitted to transact surety business in this state, or provide an irrevocable letter of credit issued by a federally or state chartered commercial banking institution authorized to conduct business in the state of Washington filed with the department. The money, securities, bond, or letter of credit shall be in an amount reasonably sufficient in the director's discretion to insure payment of reasonably foreseeable compensation and assessments but not less than the employer's normal expected annual claim liabilities and in no event less than one hundred thousand dollars. In arriving at the amount of money, securities, bond, or letter of credit required under this subsection, the director shall take into consideration the financial ability of the employer to pay compensation and assessments and his or her probable continuity of operation. However, a letter of credit shall be acceptable only if the self-insurer has a net worth of not less than five hundred million dollars as evidenced in an annual financial statement prepared by a qualified, independent auditor using generally accepted accounting principles. The money, securities, bond, or letter of credit so deposited shall be held by the director solely for the payment of compensation by the self-insurer and his or her assessments. In the event of default the self-insurer loses all right and title to, any interest in, and any right to control the surety. The amount of surety may be increased or decreased from time to time by the director. The income from any securities deposited may be distributed currently to the self-insurer. (b) The letter of credit option authorized in (a) of this subsection shall not apply to self-insurers authorized under RCW 51.14.150 or to self-insurers who are counties, cities, or municipal corporations. (3) Securities or money deposited by an employer pursuant to subsection (2) of this section shall be returned to him or her upon his or her written request provided the employer files the bond required by such subsection. (4) If the employer seeking to qualify as a self-insurer has previously insured with the state fund, the director shall require the employer to make up his or her proper share of any deficit or insufficiency in the state fund as a condition to certification as a self-insurer. (5) A self-insurer may reinsure a portion of his or her liability under this title with any reinsurer authorized to transact such reinsurance in this state: PROVIDED, That the reinsurer may not participate in the administration of the responsibilities of the self-insurer under this title. Until July 1, 2001, subsidiary companies, holding companies, or affiliated legal entities of the reinsurer not involved in providing reinsurance shall be allowed to participate in the administration of the responsibilities of the self-insurer under this title. Such reinsurance may not exceed eighty percent of the liabilities under this title. (6) For purposes of the application of this section, the department may adopt separate rules establishing the security requirements applicable to units of local government. In setting such requirements, the department shall take into consideration the ability of the governmental unit to meet its self-insured obligations, such as but not limited to source of funds, permanency, and right of default. (7) The director shall adopt rules to carry out the purposes of this section including, but not limited to, rules respecting the terms and conditions of letters of credit and the establishment of the appropriate level of net worth of the self-insurer to qualify for use of the letter of credit. Only letters of credit issued in strict compliance with the rules shall be deemed acceptable. NEW SECTION. Sec. 2. A new section is added to chapter 51.14 RCW to read as follows: (1) Self-insurers shall report to the department any attempt by a reinsurer to participate in the administration of the responsibilities of the self-insurer under this title. (2) The department shall conduct a study of self-insurers' adjudication outcomes, claims management practices, and other appropriate outcomes and practices. The study shall compare outcomes and practices of self-insurers who use the services of reinsurers and administrators that are affiliated to those of self-insurers who use the services of unaffiliated reinsurers and administrators, as well as to the outcomes and practices of the department. The department shall report the results of the study to the legislature by January 1, 2000. (3) The department shall adopt rules to implement this act. (4) This section expires July 1, 2001." Debate ensued.
The President declared the question before the Senate to be the adoption of the striking Committee on Commerce and Labor amendment to House Bill No. 1330.
The motion by Senator Horn carried and the committee striking amendment was adopted.
MOTIONS
On motion of Senator Horn, the following title amendment was adopted:
On page 1, line 2 of the title, after "insurers;" strike the remainder of the title and insert "amending RCW 51.14.020; adding a new section to chapter 51.14 RCW; and providing an expiration date." On motion of Senator Horn, the rules were suspended, House Bill No. 1330, as amended by the Senate, 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 House Bill No. 1330, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1330, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 29; Nays, 19; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Stevens, Strannigan, Swecker, West, Wood and Zarelli - 29. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Kline, Kohl, Loveland, McAuliffe, Patterson, Sheldon, Snyder, Spanel, Swanson, Thibaudeau, Winsley and Wojahn - 19. Excused: Senator Schow - 1. HOUSE BILL NO. 1330, 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
ENGROSSED HOUSE BILL NO. 1472, by Representatives Reams, Romero, Pennington, Sherstad and Lantz
Providing for designation of mineral resource lands.
The bill was read the second time.
MOTIONS
On motion of Senator Oke, the following Committee on Natural Resources and Parks amendment was adopted:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. The legislature recognizes that the availability of minerals through surface mining is essential to the economic well-being of the state and nation. The citizens of the state are rapidly running out of approved or designated sites to extract these minerals. Therefore, the available sources of these minerals are nearly exhausted. The state has enacted several laws in recent years directing local governments to make land use decisions for appropriate uses of land through designation in advance of or during the comprehensive planning process and then to limit the specific approval process to mitigating specific impacts of the use or uses allowed by the designation. The current planning and regulatory environment makes economically viable permits unobtainable for the vast majority of the sites where the minerals are located and needed. The cost of transportation of minerals for any significant distance can have an effect on the costs to the taxpayers of the state. Surface mining must take place in diverse areas where the geologic, topographic, climatic, biologic, and social conditions are significantly different, and reclamation specifications must vary accordingly. But surface mining is a finite use of the land and another beneficial use must follow through reclamation. Therefore, the legislature finds that designation, production, and conservation of adequate sources of minerals is in the best interests of the citizens of the state. NEW SECTION. Sec. 2. A new section is added to chapter 36.70A RCW to read as follows: (1)(a) Where the county has classified mineral lands pursuant to RCW 36.70A.050 and mineral resource lands of long-term commercial significance exist, a county shall designate sufficient mineral resource lands in the comprehensive plans to meet the projected twenty-year, county-wide need. Once designated, mineral resource uses, including operations as defined in RCW 78.44.031, shall be established as an allowed use in local development regulations. (b) The county shall designate mineral resource deposits, both active and inactive, in economically viable proximity to locations where the deposits are likely to be used. (c) This section has no applicability to metals mining and milling operations as defined in RCW 78.56.020. (2) Nothing in this section precludes any unit of government from accepting the lowest responsible bid for purchase of mineral materials, regardless of source. (3) Through its comprehensive plan and development regulations, as defined in RCW 36.70A.030, a county, city, or town shall discourage the siting of new applications of incompatible uses adjacent to mineral resource industries, deposits, and holdings. (4) Any additions or amendments to comprehensive plans or development regulations required by this section may be adopted during the normal course of adopting or amending the comprehensive plan or development regulations. Reasonable notice of additions or amendments to comprehensive plans or development regulations shall be given to property owners and other affected and interested individuals. The county shall use either an existing reasonable notice provision already employed by the county or a new reasonable notice provision, including any of the following: (a) Notifying owners of real property, as shown by the records of the county assessor, located within three hundred feet of the boundaries of the proposed designation; (b) Publishing notice in a newspaper of general circulation in the county, city, or general area where the mineral resource deposits are located; (c) Notifying public or private groups with known interest in the proposed mineral resource designation; or (d) Placing notices in appropriate regional, neighborhood, or trade journals. (5) For the purposes of this section: (a) "Long-term commercial significance" includes the mineral composition of the land for long-term economically viable commercial production, in consideration with the mineral resource land's proximity to population areas, product markets, and the possibility of more intense uses of the land. (b) "Allowed use" means the use or uses specified by local development regulations as appropriate within those areas designated through the advance or comprehensive planning process. Once designated, a proposed allowed use shall be reviewed for project specific impacts and may be conditioned to mitigate significant adverse impacts within the context of site plan approval, but such review shall not revisit the question of land use." On motion of Senator Oke, the following title amendment was adopted:
On page 1, line 1 of the title, after "designation;" strike the remainder of the title and insert "adding a new section to chapter 36.70A RCW; and creating a new section."
MOTION
On motion of Senator Oke, the rules were suspended, Engrossed House Bill No. 1472, as amended by the Senate, 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 House Bill No. 1472, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1472, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 33; Nays, 14; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Sellar, Snyder, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 33. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Heavey, Kohl, McAuliffe, Patterson, Prentice, Sheldon, Spanel, Swanson, Thibaudeau and Wojahn - 14. Absent: Senator Kline - 1. Excused: Senator Schow - 1. ENGROSSED HOUSE BILL NO. 1472, 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
At 4:17 p.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 4:25 p.m. by President Owen.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1565, by House Committee on Natural Resources (originally sponsored by Representatives Mielke, Pennington, Carrell, Mulliken, Thompson and Cairnes)
Limiting the regulations of small scale mining.
The bill was read the second time.
MOTION
Senator Oke moved that the following Committee on Natural Resources and Parks amendment be adopted:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. The legislature finds that small scale prospecting and mining is an important part of the heritage of the state. The legislature further finds that small scale prospecting and mining provide economic benefits to the state, and help to meet the national security demand and industrial demand for minerals. The legislature further finds that it is critical that small scale miners and prospectors be allowed access to open public lands in the state. The legislature further finds that mineral prospecting and mining activities can be conducted in a manner that is consistent with fish habitat and fish-life population. Now, therefore, the legislature declares that small scale prospecting and mining must not be unreasonably regulated. The legislature further declares that small scale prospecting and mining must not be unfairly limited or obstructed from access to open public lands. The legislature further declares that all restrictions or regulations of small scale prospecting and mining activities must be based on sound scientific evidence and applicable documentation supporting the need for such restrictions. Sec. 2. RCW 75.20.100 and 1993 sp.s. c 2 s 30 are each amended to read as follows: In the event that any person or government agency desires to construct any form of hydraulic project or perform other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, such person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure the written approval of the department as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld. Except as provided in RCW 75.20.1001 ((and 75.20.1002)), the department shall grant or deny approval within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section. The applicant may document receipt of application by filing in person or by registered mail. A complete application for approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within the mean higher high water line in salt water or within the ordinary high water line in fresh water, and complete plans and specifications for the proper protection of fish life. The forty-five day requirement shall be suspended if (1) after ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project; (2) the site is physically inaccessible for inspection; or (3) the applicant requests delay. Immediately upon determination that the forty-five day period is suspended, the department shall notify the applicant in writing of the reasons for the delay. Approval is valid for a period of up to five years from date of issuance. The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If the department denies approval, the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Chapter 34.05 RCW applies to any denial of project approval, conditional approval, or requirements for project modification upon which approval may be contingent. If any person or government agency commences construction on any hydraulic works or projects subject to this section without first having obtained written approval of the department as to the adequacy of the means proposed for the protection of fish life, or if any person or government agency fails to follow or carry out any of the requirements or conditions as are made a part of such approval, the person or director of the agency is guilty of a gross misdemeanor. If any such person or government agency is convicted of violating any of the provisions of this section and continues construction on any such works or projects without fully complying with the provisions hereof, such works or projects are hereby declared a public nuisance and shall be subject to abatement as such. For the purposes of this section and RCW 75.20.103, "bed" shall mean the land below the ordinary high water lines of state waters. This definition shall not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man. The phrase "to construct any form of hydraulic project or perform other work" shall not include the act of driving across an established ford. Driving across streams or on wetted stream beds at areas other than established fords requires approval. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires approval. In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department, through its authorized representatives, shall issue immediately upon request oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval shall be reduced to writing within thirty days and complied with as provided for in this section. Oral approval shall be granted immediately upon request, for a stream crossing during an emergency situation. This section shall not apply to the construction of any form of hydraulic project or other work which diverts water for agricultural irrigation or stock watering purposes authorized under or recognized as being valid by the state's water codes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020. These irrigation or stock watering diversion and streambank stabilization projects shall be governed by RCW 75.20.103. This section does not apply to small scale prospecting and mining activities, which are governed by section 3 of this act. NEW SECTION. Sec. 3. A new section is added to chapter 75.20 RCW to read as follows: (1) Small scale prospecting and mining is exempt from the provisions of this chapter, provided that such activity does not undercut streambanks or disturb rooted live woody plants such as trees or shrubs. (2) For the purposes of this chapter, "small scale prospecting and mining" means only the use of the following methods: Pans, sluice boxes, concentrators, and mini-rocker boxes for the discovery and recovery of minerals." Debate ensued.
Senator Snyder demanded a roll call and the demand was sustained
The President declared the question before the Senate to be the roll call on the adoption of the Committee on Natural Resources and Parks striking amendment to Substitute House Bill No. 1565.
ROLL CALL
The Secretary called the roll and the committee striking amendment was adopted by the following vote: Yeas, 26; Nays, 22; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hargrove, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Sellar, Stevens, Strannigan, Swecker, West, Wood and Zarelli - 26. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Sheldon, Snyder, Spanel, Swanson, Thibaudeau, Winsley and Wojahn - 22. Excused: Senator Schow - 1.MOTIONS
On motion of Senator Oke, the following title amendment was adopted:
On page 1, line 1 of the title, after "mining;" strike the remainder of the title and insert "amending RCW 75.20.100; adding a new section to chapter 75.20 RCW; and creating a new section." On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 1565, as amended by the Senate, 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 House Bill No. 1565, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1565, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 29; Nays, 19; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Sellar, Stevens, Strannigan, Swecker, West, Wood and Zarelli - 29. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Heavey, Jacobsen, Kline, Kohl, McAuliffe, Patterson, Prentice, Sheldon, Snyder, Spanel, Swanson, Thibaudeau, Winsley and Wojahn - 19. Excused: Senator Schow - 1. SUBSTITUTE HOUSE BILL NO. 1565, 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. 1465, by Representatives Sump, Sheldon, Grant, Hatfield, Pennington, Delvin and Koster
Requiring establishment of a no-cost consulting service regarding mining issues.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, House Bill No. 1465 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. 1465.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1465 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Schow - 1. HOUSE BILL NO. 1465, 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. 1466, by House Committee on Natural Resources (originally sponsored by Representatives Sump, Sheldon, Grant, Hatfield, Delvin and Pennington)
Allowing the department of natural resources to delegate some or all of its surface mining enforcement authority to qualified personnel of a county, city, or town.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 1466 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. 1466.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1466 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn and Zarelli - 47. Absent: Senator Wood - 1. Excused: Senator Schow - 1. SUBSTITUTE HOUSE BILL NO. 1466, 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. 1467, by House Committee on Natural Resources (originally sponsored by Representatives Sump, Sheldon, Chandler, Grant, Alexander, Hatfield, Delvin and Pennington)
Specifying where reclamation performance security must be posted.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 1467 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. 1467.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1467 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 48. Excused: Senator Schow - 1. SUBSTITUTE HOUSE BILL NO. 1467, 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. 1468, by Representatives Buck, Chandler, Grant, Sump, Sheldon, Hatfield, Alexander, Delvin and Pennington
Removing authority to modify reclamation permit fees.
The bill was read the second time.
MOTIONS
On motion of Senator Swecker, the following amendment was adopted:
On page 1, line 17, after "persons" insert ", and if each mine has less than seven acres of disturbed area" On motion of Senator Oke, the rules were suspended, House Bill No. 1468, 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. 1468, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1468, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 46. Voting nay: Senators Heavey and Thibaudeau - 2. Excused: Senator Schow - 1. HOUSE BILL NO. 1468, 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
SUBSTITUTE HOUSE BILL NO. 1600, by House Committee on Natural Resources (originally sponsored by Representatives Sheldon and Buck)
Revising provisions relating to surface mining permits.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, Substitute House Bill No. 1600 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. 1600.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1600 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 2; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 46. Voting nay: Senators Heavey and Thibaudeau - 2. Excused: Senator Schow - 1. SUBSTITUTE HOUSE BILL NO. 1600, 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. 1615, by Representatives Alexander, Regala and Sump (by request of Parks and Recreation Commission)
Changing provisions relating to offenses committed in state parks or parkways.
The bill was read the second time.
MOTION
On motion of Senator Oke, the rules were suspended, House Bill No. 1615 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. 1615.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 1615 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senator Fairley - 1. Excused: Senator Schow - 1. HOUSE BILL NO. 1615, 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. 1272, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Delvin, Chandler, Robertson, McMorris, Honeyford and Mulliken)
Establishing water conservancy boards.
The bill was read the second time.
MOTIONS
Senator Morton moved that the following Committee on Agriculture and Environment amendment be adopted:
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. The legislature finds: (1) Voluntary water transfers between water users can reallocate water use in a manner that will result in more efficient use of water resources; (2) Voluntary water transfers can help alleviate water shortages, save capital outlays, reduce development costs, and provide an incentive for investment in water conservation efforts by water right holders; and (3) The state should expedite the administrative process for noncontested water transfers among water right holders, conveying greater operational control to water managers and water right holders. NEW SECTION. Sec. 2. The following definitions apply throughout this chapter, unless the context clearly requires otherwise. (1) "Board" means a water conservancy board created under this chapter. (2) "Commissioner" means a member of a water conservancy board. (3) "Department" means the department of ecology. (4) "Director" means the director of the department of ecology. NEW SECTION. Sec. 3. (1) The county legislative authority of a county may create a water conservancy board, subject to approval by the director, for the purpose of expediting voluntary water transfers within the county. (2) A water conservancy board may be initiated by: (a) A resolution of the county legislative authority; (b) a resolution presented to the county legislative authority calling for the creation of a board by the legislative authority of an irrigation district, public utility district that operates a public water system, a reclamation district, a city operating a public water system, or a water-sewer district that operates a public water system; (c) a resolution by the governing body of a cooperative or mutual corporation that operates a public water system serving one hundred or more accounts; (d) a petition signed by five or more water rights holders, including their addresses, who divert water for use within the county; or (e) any combination of (a) through (d) of this subsection. The resolution or petition must state the need for the board, include proposed bylaws or rules and procedures that will govern the operation of the board, identify the geographic boundaries where there is an initial interest in transacting water sales or transfers, and describe the proposed method for funding the operation of the board. (3) After receiving a resolution or petition to create a board, a county legislative authority shall determine its sufficiency. If the county legislative authority finds that the resolution or petition is sufficient, or if the county is initiating the creation of a board upon its own motion, it shall hold at least one public hearing on the proposed creation of the board. Notice of the hearing shall be published at least once in a newspaper of general circulation in the county not less than ten days nor more than thirty days before the date of the hearing. The notice shall describe the time, date, place, and purpose of the hearing, as well as the purpose of the board. Following the hearing, the county legislative authority may adopt a resolution approving the creation of the board if it finds that the board's creation is in the public interest. NEW SECTION. Sec. 4. (1) The county legislative authority shall forward a copy of the resolution or petition calling for the creation of the board, a copy of the resolution approving the creation of the board, and a summary of the public testimony presented at the public hearing to the director following the adoption of the resolution calling for the board's creation. (2) The director shall approve or deny the creation of a board within forty-five days after the county legislative authority has submitted all information required under subsection (1) of this section. The director must determine whether the creation of the board would further the purposes of this chapter and is in the public interest. The director shall include a description of the necessary training requirements for commissioners in the notice of approval sent to the county legislative authority. NEW SECTION. Sec. 5. The director of the department may, as deemed necessary by the director, adopt rules in accordance with chapter 34.05 RCW necessary to carry out this chapter, including minimum requirements for the training and continuing education of commissioners. Training courses for commissioners shall include an overview of state water law and hydrology. Prior to commissioners taking action on proposed water right transfers, the commissioners shall comply with training requirements that include state water law and hydrology. NEW SECTION. Sec. 6. A water conservancy board constitutes a public body corporate and politic and a separate unit of local government in the state. Each board shall consist of three commissioners appointed by the county legislative authority for six-year terms. The county legislative authority shall stagger the initial appointment of commissioners so that the first commissioners who are appointed shall serve terms of two, four, and six years, respectively, from the date of their appointment. All vacancies shall be filled for the unexpired term. The county legislative authority shall consider, but is not limited in appointing, nominations to the board by people or entities petitioning or requesting the creation of the board. However, the county legislative authority shall ensure that individual water right holders who divert water for use within the county are represented on the board. In making appointments to the board, the county legislative authority shall choose from among persons who are residents of the county or a county that is contiguous to the county that the water conservancy board is to serve. No commissioner may participate in board decisions until he or she has successfully completed the necessary training required under section 5 of this act. Commissioners shall serve without compensation, but are entitled to reimbursement for necessary travel expenses in accordance with RCW 43.03.050 and 43.03.060 and costs incident to training.
NEW SECTION. Sec. 7. (1) A water conservancy board may acquire, purchase, hold, lease, manage, occupy, and sell real and personal property or any interest therein, enter into and perform all necessary contracts, appoint and employ necessary agents and employees and fix their compensation, employ contractors including contracts for professional services, sue and be sued, and do any and all lawful acts required and expedient to carry out the purposes of this chapter.
(2) A board constitutes an independently funded entity, and may provide for its own funding as determined by the commissioners. The board may accept grants and may adopt fees for processing applications for transfers of water rights to fund the activities of the board. A board may not impose taxes or acquire property by the exercise of eminent domain. NEW SECTION. Sec. 8. A board shall operate on a county-wide basis, and shall have the following powers, in addition to any others granted in this chapter: (1) A board may establish a water transfer exchange through which all or part of the water that any person is entitled to use by reason of owning or holding a water right may be listed for sale or transfer. The board may approve water transfers involving a change in place of use, point of diversion or withdrawal, purpose of use, time of use, source of supply, quantity of use permitted, and the place of storage. Any water transfer approved by the board is subject to final approval by the director pursuant to section 11 of this act. (2) The board may approve the transfer of a water right or a water right claim filed under chapter 90.14 RCW that has not been adjudicated. The board shall make a tentative determination as to the validity and extent of the existing right, and may only approve transfers of those rights to the extent they are deemed valid by the board. Neither the board's approval of a transfer, nor the director's approval of the board's action constitutes an adjudication of the validity, priority, or quantity of the transferor's water right as between the transferor or the transferee and the state, or as between the transferor or the transferee and one or more water use claimants, and such approvals do not preclude or prejudice a subsequent challenge to the validity, priority, or quantity of the right in an adjudicatory proceeding. The tentative determination of a water right by a board does not preclude a different conclusion in a subsequent adjudication. (3) Water transfers approved by the board must remain within an existing category of beneficial use, and a transfer of water that is being used for agricultural applications is restricted to short-term or long-term leases. (4) Each board shall maintain and publish all information made available to it concerning water rights listed with the board and any application to the board for approval of a water transfer. Each board shall establish policies and procedures, consistent with applicable law, for the administration of a system of timely local approvals for water transfers under this chapter. The administration shall be performed exclusively by the board, but the department may provide technical assistance to the board. NEW SECTION. Sec. 9. (1) Applications to the board for transfers shall be made on a form provided by the department, and shall contain such additional information as may be required by the board in order to review and act upon the application. At a minimum, the application shall include information sufficient to establish to the board's satisfaction of the transferor's right to the quantity of water being transferred, and a description of any applicable limitations on the right to use water, including the point of diversion or withdrawal, place of use, source of supply, purpose of use, quantity of use permitted, time of use, period of use, and the place of storage. (2) The transferor and the transferee of any proposed water transfer may apply to a board for approval of the transfer if the water proposed to be transferred is currently diverted or used within the geographic boundaries of the county, or would be diverted or used within the geographic boundaries of the county if the transfer is approved. (3) After an application for a transfer is filed with the board, the board shall publish notice of the application in accordance with the publication requirements and send notice to state agencies as provided in RCW 90.03.280. Any person may submit comments to the board regarding the application. Any water right holder claiming detriment or injury to an existing water right may intervene in the application before the board pursuant to subsection (4) of this section. If a majority of the board determines that the application is complete, in accordance with the law and the transfer can be made without injury or detriment to existing rights of water right holders, the board shall issue the applicant a certificate conditionally approving the transfer, subject to review by the director. (4) If a water right holder claims a proposed transfer will cause an impairment to that right, the water right holder is entitled to a hearing before the board. The board shall receive such evidence as it deems material and necessary to determine the validity of the claim of impairment. If the party claiming the impairment establishes by a preponderance of the evidence that his or her water right will be impaired by the proposed transfer, the board may not approve the transfer unless the applicant and the impaired party agree upon compensation for the impairment. NEW SECTION. Sec. 10. (1) If an application for a transfer is proposed to transfer water from one irrigation district to another, approval of the transfer shall be conditioned upon receipt of the concurrence from each of the irrigation districts that the transfer will not adversely affect the ability to deliver water to other landowners or impair the financial integrity of either of the districts. (2) A transfer involving a change in place or use or a nonconsumptive use by an individual water user or users of water provided by an irrigation district need only receive the approval for the transfer from the board of directors of the irrigation district if the water continues within the irrigation district. NEW SECTION. Sec. 11. (1) If a transfer is approved by the board, the board shall submit a copy of the proposed certificate conditionally approving the transfer to the department for review. The board shall also submit a report summarizing any factual findings on which the board relied in deciding to approve the proposed transfer. The board shall also transmit notice by mail to any person who objected to the transfer or who requested notice. (2) The director shall review each proposed transfer conditionally approved by a board for compliance with state water transfer laws including RCW 90.03.380, 90.03.390, and 90.44.100, rules and guidelines adopted by the department, and other applicable law. (3) Any party to a transfer or a third party who alleges his or her water right will be impaired by the proposed transfer may file objections with the department. If objections to the transfer are filed with the department, the board shall forward the files and records upon which it based its decision to the department. (4) The director shall review the action of the board and affirm, reverse, or modify the action of the board within forty-five days of receipt. The forty-five day time period may be extended for an additional thirty days by the director, upon the consent of the parties to the transfer. If the director fails to act within this time period, the board's action is final. Upon approval of a water transfer by the action or nonaction of the director, the conditional certificate issued by the board is final and valid. NEW SECTION. Sec. 12. The decision of the director to approve an action to create a board, or to approve, deny, or modify a water transfer either by action or nonaction shall be appealable in the same manner as other water right decisions made pursuant to chapter 90.03 RCW. NEW SECTION. Sec. 13. Neither the county nor the department shall be subject to any cause of action or claim for damages arising out of transfers approved by a board under this chapter. NEW SECTION. Sec. 14. A person who, in good faith and without intent of circumventing water right relinquishment statutes, leases a water right under this chapter may not lose any portion of that water right by relinquishment due to the nonuse of the water by the lessee. NEW SECTION. Sec. 15. Nothing in this chapter eliminates or lessens the requirements necessary for the approval of interties. NEW SECTION. Sec. 16. (1) A commissioner of a water conservancy board who has an ownership interest in a water right subject to an application for approval of a transfer or change by the board, shall not participate in the board's review or decision upon the application. (2) A commissioner of a water conservancy board who also serves as an employee or upon the governing body of a municipally owned water system, shall not participate in the board's review or decision upon an application for the transfer or change of a water right in which that water system has or is proposed to have an ownership interest. NEW SECTION. Sec. 17. Water conservancy board activities are subject to the open public meetings act, chapter 42.30 RCW. NEW SECTION. Sec. 18. Nothing in this chapter affects transfers that may be otherwise approved under chapter 90.03 RCW. NEW SECTION. Sec. 19. The department shall report biennially by December 31st of each even-numbered year to the appropriate committees of the legislature on the boards formed or sought to be formed under the authority of this chapter, the transfer applications reviewed and other activities conducted by the boards, and the funding of such boards. NEW SECTION. Sec. 20. 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. 21. Sections 1 through 19 of this act constitute a new chapter in Title 90 RCW."
On motion of Senator Morton, the following amendment by Senators Morton and Fraser to the Committee on Agriculture and Environment striking amendment was adopted:
On page 5, line 24 of the amendment, after "approved." insert "In the case of a proposed water transfer in which the water is currently diverted or would be diverted outside the geographic boundaries of the county, the board shall hold a public hearing in the county of the diversion or proposed diversion. The board shall provide for prominent publication of notice of such hearing in a newspaper of general circulation published in the county in which the hearing is to be held for the purpose of affording an opportunity for interested persons to comment upon the application."
MOTION
On motion of Senator Morton, the following amendment by Senators Morton and Fraser to the Committee on Agriculture and Environment striking amendment was adopted:
' On page 5, line 34 of the amendment, after "existing" strike "rights of water right holders" and insert "water rights in accordance with RCW 90.03.380" The President declared the question before the Senate to be the adoption of the Committee on Agriculture and Environment striking amendment, as amended, to Substitute House Bill No. 1272.
The motion by Senator Morton carried and the committee striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Morton, the following title amendment was adopted:
On page 1, line 1 of the title, after "transfers;" strike the remainder of the title and insert "and adding a new chapter to Title 90 RCW." On motion of Senator Morton, the rules were suspended, Substitute House Bill No. 1272, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Hale, Senator McCaslin was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1272, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1272, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators McCaslin and Schow - 2. SUBSTITUTE HOUSE BILL NO. 1272, 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
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1527, by House Committee on Appropriations (originally sponsored by Representatives Chandler and Linville (by request of Department of Agriculture)
Regulating pesticides.
The bill was read the second time.
MOTIONS
Senator Rasmussen moved that the following amendment be adopted:
On page 3, line 26 , strike the word "forty-five" and insert the word “s ixty-five". Debate ensued.
Senator Snyder demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator Rasmussen on page 3, line 26, to Engrossed Second Substitute House Bill No. 1527.
ROLL CALL
The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 23; Nays, 25; Absent, 0; Excused, 1.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 23. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 25. Excused: Senator Schow - 1.MOTION
Senator Fraser moved that the following amendment by Senators Fraser, Rasmussen and Spanel be adopted:
On page 13, beginning on line 12, delete everything beginning with "NEW SECTION. Sec. 20." through "expenses." on line 31 Renumber the sections consecutively and correct any internal references accordingly. Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Fraser, Rasmussen and Spanel on page 13, beginning on line 12, to Engrossed Second Substitute House Bill No. 1527.
The motion by Senator Fraser carried and the amendment was adopted.
MOTIONS
On motion of Senator Morton, the following title amendment was adopted:
On page 1, beginning on line 5 of the title, after "15.58 RCW;" delete "adding a new section to chapter 43.23 RCW" On motion of Senator Morton, the rules were suspended, Engrossed Second Substitute House Bill No. 1527, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Benton: “Senator Morton, does this bill include significant fee increases for this whole list of people that we have here in the yellow book?”
Senator Morton: “Senator Benton, I am not familiar with the yellow book list. Yes, it does include fee increases above what they currently are. I assume that what is listed in the yellow book would be accurate. I believe that they were in about the one hundred twenty-five dollar category and this moves them up to one hundred forty-five. We just defeated the amendment that would have raised them to one hundred and sixty-five.”
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute House Bill No. 1527, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute House Bill No. 1527, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 6; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Horn, Jacobsen, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Rossi, Sellar, Sheldon, Snyder, Spanel, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 42. Voting nay: Senators Benton, Hochstatter, Johnson, Roach, Stevens and Zarelli - 6. Excused: Senator Schow - 1. ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1527, 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
At 5:37 p.m., on motion of Senator Johnson, the Senate recessed until 6:15 p.m.
The Senate was called to order at 6:15 p.m. by President Owen.
MOTION
On motion of Senator Franklin, Senators Fraser and Kline were excused.
SECOND READING
GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Winsley, Gubernatorial Appointment No. 9115, John L. Bley, as Director of the Department of Financial Institutions, was confirmed.
Senators Winsley and Prentice spoke to the confirmation of John L. Bley as Director of the Department of Financial Institutions.
APPOINTMENT OF JOHN L. BLEY
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 5; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley and Zarelli - 41. Absent: Senators Long, Prince, Strannigan, Wojahn and Wood - 5. Excused: Senators Fraser, Kline and Schow - 3.
MOTIONS
On motion of Senator Franklin, Senator Wojahn was excused.
On motion of Senator Swecker, Senators McDonald and Strannigan were excused.
MOTION
On motion of Senator Winsley, Gubernatorial Appointment No. 9184, Jeffrey W. Nitta, as a member of the Housing Finance Commission, was confirmed.
APPOINTMENT OF JEFFREY W. NITTA
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 45. Excused: Senators McDonald, Schow, Strannigan and Wojahn - 4.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1033, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Schoesler, Honeyford, Sheahan, Grant and Chandler)
Revising requirements for grain facilities under the Washington clean air act.
The bill was read the second time.
MOTIONS
On motion of Senator Morton, the following Committee on Agriculture and Environment amendment was adopted:
On page 3, line 12, after "elevator" strike "for which registration or reporting is provided under a registration program administered under this section by an activated air pollution control authority" On motion of Senator Morton, the rules were suspended, Substitute House Bill No. 1033, 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. 1033, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1033, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 46. Excused: Senators Schow, Strannigan and Wojahn - 3. SUBSTITUTE HOUSE BILL NO. 1033, 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
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2096, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler and K. Schmidt)
Consolidating the state's oil spill prevention program.
The bill was read the second time.
MOTIONS
Senator Swecker moved that the following Committee on Agriculture and Environment amendment be adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 43.21I.005 and 1991 c 200 s 401 are each amended to read as follows: (1) The legislature declares that Washington's waters have irreplaceable value for the citizens of the state. These waters are vital habitat for numerous and diverse marine life and wildlife and the source of recreation, aesthetic pleasure, and pride for Washington's citizens. These waters are also vital for much of Washington's economic vitality. The legislature finds that the transportation of oil on these waters creates a great potential hazard to these important natural resources. The legislature also finds that there is no state agency responsible for maritime safety to ensure this state's interest in preserving these resources. The legislature therefore finds that in order to protect these waters it is necessary to establish an office of marine safety which will have the responsibility to promote the safety of marine transportation in Washington. (2) The legislature finds that adequate funding is necessary for the state to continue its priority focus on the prevention of oil spills, as well as maintain a strong oil spill response, planning, and environmental restoration capability. The legislature further finds that long-term environmental health of the state's waters depends upon the strength and vitality of its oil spill prevention and response program that fosters planning, coordination, and incident command. To that end, the merger of the office of marine safety with the department of ecology shall: Ensure coordination via streamlining the marine safety functions of two agencies into one; provide a focused prevention and response program under a single administration; generate efficient incident command response capability and continue to meet the challenges threatening marine safety and the environment; and increase accountability to the public, the executive branch, and the legislature. (3) It is the intent of the legislature that the state's oil spill prevention, response, planning, and environmental restoration activities be sufficiently funded to maintain a strong prevention and response program. It is further the intent of the legislature that the merger of the office of marine safety with the department of ecology be accomplished in an organizational manner that maintains a priority focus and position for the oil spill prevention and response program. The merger shall allow for ready identification of the program by the public and ensure no diminution in the state's commitment to marine safety and environmental protection as follows: (a) The director of the department of ecology shall consolidate all of the agency's oil spill prevention, planning, and response programs and personnel into a division or equivalent unit of organization within the department. The division shall be managed by a single administrator who is an assistant director or person of equivalent status in the department's organization. The administrator shall report directly to the director. (b) The consolidated oil spill program unit within the department shall maintain prevention of oil spills as a specific program. (c) The department shall identify and participate in resolving threats to safety of marine transportation and the impact of marine transportation on the environment. Sec. 2. RCW 82.23B.020 and 1995 c 399 s 214 are each amended to read as follows: (1) An oil spill response tax is imposed on the privilege of receiving crude oil or petroleum products at a marine terminal within this state from a waterborne vessel or barge operating on the navigable waters of this state. The tax imposed in this section is levied upon the owner of the crude oil or petroleum products immediately after receipt of the same into the storage tanks of a marine terminal from a waterborne vessel or barge at the rate of ((two)) one cent((s)) per barrel of crude oil or petroleum product received. (2) In addition to the tax imposed in subsection (1) of this section, an oil spill administration tax is imposed on the privilege of receiving crude oil or petroleum products at a marine terminal within this state from a waterborne vessel or barge operating on the navigable waters of this state. The tax imposed in this section is levied upon the owner of the crude oil or petroleum products immediately after receipt of the same into the storage tanks of a marine terminal from a waterborne vessel or barge at the rate of ((three)) four cents per barrel of crude oil or petroleum product. (3) The taxes imposed by this chapter shall be collected by the marine terminal operator from the taxpayer. If any person charged with collecting the taxes fails to bill the taxpayer for the taxes, or in the alternative has not notified the taxpayer in writing of the imposition of the taxes, or having collected the taxes, fails to pay them to the department in the manner prescribed by this chapter, whether such failure is the result of the person's own acts or the result of acts or conditions beyond the person's control, he or she shall, nevertheless, be personally liable to the state for the amount of the taxes. Payment of the taxes by the owner to a marine terminal operator shall relieve the owner from further liability for the taxes. (4) Taxes collected under this chapter shall be held in trust until paid to the department. Any person collecting the taxes who appropriates or converts the taxes collected shall be guilty of a gross misdemeanor if the money required to be collected is not available for payment on the date payment is due. The taxes required by this chapter to be collected shall be stated separately from other charges made by the marine terminal operator in any invoice or other statement of account provided to the taxpayer. (5) If a taxpayer fails to pay the taxes imposed by this chapter to the person charged with collection of the taxes and the person charged with collection fails to pay the taxes to the department, the department may, in its discretion, proceed directly against the taxpayer for collection of the taxes. (6) The taxes shall be due from the marine terminal operator, along with reports and returns on forms prescribed by the department, within twenty-five days after the end of the month in which the taxable activity occurs. (7) The amount of taxes, until paid by the taxpayer to the marine terminal operator or to the department, shall constitute a debt from the taxpayer to the marine terminal operator. Any person required to collect the taxes under this chapter who, with intent to violate the provisions of this chapter, fails or refuses to do so as required and any taxpayer who refuses to pay any taxes due under this chapter, shall be guilty of a misdemeanor as provided in chapter 9A.20 RCW. (8) Upon prior approval of the department, the taxpayer may pay the taxes imposed by this chapter directly to the department. The department shall give its approval for direct payment under this section whenever it appears, in the department's judgment, that direct payment will enhance the administration of the taxes imposed under this chapter. The department shall provide by rule for the issuance of a direct payment certificate to any taxpayer qualifying for direct payment of the taxes. Good faith acceptance of a direct payment certificate by a terminal operator shall relieve the marine terminal operator from any liability for the collection or payment of the taxes imposed under this chapter. (9) All receipts from the tax imposed in subsection (1) of this section shall be deposited into the state oil spill response account. All receipts from the tax imposed in subsection (2) of this section shall be deposited into the oil spill administration account. (10) Within forty-five days after the end of each calendar quarter, the office of financial management shall determine the balance of the oil spill response account as of the last day of that calendar quarter. Balance determinations by the office of financial management under this section are final and shall not be used to challenge the validity of any tax imposed under this chapter. The office of financial management shall promptly notify the departments of revenue and ecology of the account balance once a determination is made. For each subsequent calendar quarter, the tax imposed by subsection (1) of this section shall be imposed during the entire calendar quarter unless: (a) Tax was imposed under subsection (1) of this section during the immediately preceding calendar quarter, and the most recent quarterly balance is more than ((twenty-five)) ten million dollars; or (b) Tax was not imposed under subsection (1) of this section during the immediately preceding calendar quarter, and the most recent quarterly balance is more than ((fifteen)) nine million dollars. (((11) The office of marine safety, the department of revenue, and the department of community, trade, and economic development shall study tax credits for taxpayers employing vessels with the best achievable technology and the best available protection to reduce the risk of oil spills to the navigable waters of the state and submit the study to the appropriate standing committees of the legislature by December 1, 1992.)) Sec. 3. RCW 90.56.510 and 1995 2nd sp.s. c 14 s 525 are each amended to read as follows: (1) The oil spill administration account is created in the state treasury. All receipts from RCW 82.23B.020(2) shall be deposited in the account. Moneys from the account may be spent only after appropriation. The account is subject to allotment procedures under chapter 43.88 RCW. ((On July 1 of each odd-numbered year, if receipts deposited in the account from the tax imposed by RCW 82.23B.020(2) for the previous fiscal biennium exceed the amount appropriated from the account for the previous fiscal biennium, the state treasurer shall transfer the amount of receipts exceeding the appropriation to the oil spill response account.)) If, on the first day of any calendar month, the balance of the oil spill response account is greater than ((twenty-five)) ten million dollars and the balance of the oil spill administration account exceeds the unexpended appropriation for the current biennium, then the tax under RCW 82.23B.020(2) shall be suspended on the first day of the next calendar month until the beginning of the following biennium, provided that the tax shall not be suspended during the last six months of the biennium. If the tax imposed under RCW 82.23B.020(2) is suspended during two consecutive biennia, the department shall by November 1st after the end of the second biennium, recommend to the appropriate standing committees an adjustment in the tax rate. For the biennium ending June 30, 1997, the state treasurer may transfer up to $1,718,000 from the oil spill response account to the oil spill administration account to support appropriations made from the oil spill administration account in the omnibus and transportation appropriations acts adopted not later than June 30, 1997. (2) Expenditures from the oil spill administration account shall be used exclusively for the administrative costs related to the purposes of this chapter, and chapters 90.48, 88.40, and 88.46 RCW. Starting with the 1995-1997 biennium, the legislature shall give activities of state agencies related to prevention of oil spills priority in funding from the oil spill administration account. Costs of administration include the costs of: (a) Routine responses not covered under RCW 90.56.500; (b) Management and staff development activities; (c) Development of rules and policies and the state-wide plan provided for in RCW 90.56.060; (d) Facility and vessel plan review and approval, drills, inspections, investigations, enforcement, and litigation; (e) Interagency coordination and public outreach and education; (f) Collection and administration of the tax provided for in chapter 82.23B RCW; and (g) Appropriate travel, goods and services, contracts, and equipment. NEW SECTION. Sec. 4. All employees of the office of marine safety are transferred to the jurisdiction of the department of ecology. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of ecology to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service. NEW SECTION. Sec. 5. (1) An oil spill prevention and response advisory committee is created within the department of ecology. The committee shall consist of eleven members as follows: Four legislators, one from each caucus; one member each to represent pilots licensed under chapter 88.16 RCW, the marine oil transportation industry, the marine cargo transportation industry, the fishing industry, the shellfish industry, an environmental organization, and the department of ecology. The member representing the department of ecology shall be an ex-officio member. Legislative members shall be appointed by the speaker of the house of representatives or the president of the senate, as appropriate. The director of the department of ecology shall appoint all other members.
(2) By December 1, 1998, the committee shall submit a report to the appropriate standing committees of the legislature evaluating the merger of the functions of the office of marine safety into the department of ecology. (3) This section expires June 30, 1999. NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997." Senator Fraser moved that the following amendments to the Committee on Agriculture and Environment amendment be considered simultaneously and be adopted:
On page 3, line 4 of the amendment, strike “four” and insert “one” On page 3, after line 5 of the amendment, insert the following:“(3) In addition to the taxes imposed in subsections (1) and (2) of this section, an oil spill prevention tax is imposed on the privilege of receiving crude oil or petroleum products at a marine terminal within this state from a waterborne vessel or barge operating on the navigable waters of this state. The tax imposed in this section is levied upon the owner of the crude oil or petroleum products immediately after receipt of the same into the storage tanks of a marine terminal from a waterborne vessel or barge at the rate of three cents per barrel of crude oil or petroleum product received.”Renumber remaining subsections consecutively and correct internal references accordingly.On page 4, line 17 of the amendment, after “account.” insert “All receipts from the tax imposed in subsection (3) of this section shall be deposited into the oil spill prevention account.”On page 6, after line 34 of the amendment, insert the following:"NEW SECTION. Sec. 6. A new section is added to chapter 90.56 RCW to read as follows:(1) The oil spill prevention account is created in the state treasury. All receipts from RCW 82.23B.020(3) shall be deposited into the account. Monies from the account may be spent only after appropriation. The account is subject to allotment procedures under chapter 43.88 RCW. The state treasurer may transfer funds from the oil spill response account to support appropriations made from the oil spill prevention account in the omnibus operating and transportation appropriations acts. (2) Expenditures from the oil spill prevention account shall be used exclusively for the administration costs related to the purposes of this chapter and prevention activities in chapters 90.56, 88.40, and 88.46 RCW. Costs of administration and those related to preventions shall include:(a) Management and staff development activities;(b) Facility and vessel prevention plan review and approval, inspections, investigations, enforcement and litigation;(c) Interagency coordination and public outreach and education;(d) Collection and administration of the tax provided for in chapter 82.23B RCW; and (e) Appropriate travel, goods and services, contracts and equipment."Debate ensued.
The President declared the question before the Senate to be the adoption of the amendments by Senator Fraser on page 3, lines 4 and 5; page 4, line 17; and page 6, after line 34, to the Committee on Agriculture and Environment striking amengment to Engrossed Substitute House Bill No. 2096..
The motion by Senator Fraser failed and the amendments to the committee striking amendment were not adopted.
The President declared the question before the Senate to be the adoption of the Committee on Agriculture and Environment striking amendment to Engrossed Substitute House Bill No. 2096.
Debate ensued.
The motion by Senator Swecker carried and the Committee on Agriculture and Environment striking amendment was adopted.
MOTIONS
On motion of Senator Swecker, the following title amendment was adopted:
On page 1, line 2 of the title, after "ecology;" strike the remainder of the title and insert "amending RCW 43.21I.005, 82.23B.020, and 90.56.510; creating new sections; providing an effective date; providing an expiration date; and declaring an emergency."
On motion of Senator Swecker, the rules were suspended, Engrossed Substitute House Bill No. 2096, as amended by the Senate, 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. 2096, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2096 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 2; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Voting nay: Senators Finkbeiner and McCaslin - 2. Excused: Senators Schow and Strannigan - 2. ENGROSSED SUBSTITUTE HOUSE BILL NO. 2096, 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
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1419, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Linville and Regala) (by request of Department of Ecology)
Revising provisions for solid waste permits.
The bill was read the second time.
MOTION
On motion of Senator Swecker, the rules were suspended, Engrossed Substitute House Bill No. 1419 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
MOTION
On motion of Senator Franklin, Senator Fairley was excused.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1419.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1419 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 45. Absent: Senator McDonald - 1. Excused: Senators Fairley, Schow and Strannigan - 3. ENGROSSED SUBSTITUTE HOUSE BILL NO. 1419, 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. 1464, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler and Linville) (by request of Department of Agriculture)
Updating and modifying certain noxious weed provisions.
The bill was read the second time.
MOTIONS
On motion of Senator Morton, the following Committee on Agriculture and Environment amendment was adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 17.10.905 and 1975 1st ex.s. c 13 s 17 are each amended to read as follows: The purpose of this chapter is to limit economic loss ((due to the presence and spread of noxious weeds on or near agricultural land)) and adverse effects to Washington's agricultural, natural, and human resources due to the presence and spread of noxious weeds on all terrestrial and aquatic areas in the state. The intent of the legislature is that this chapter be liberally construed, and that the jurisdiction, powers, and duties granted to the county noxious weed control boards by this chapter are limited only by specific provisions of this chapter or other state and federal law. Sec. 2. RCW 17.10.010 and 1995 c 255 s 6 are each amended to read as follows: ((Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise: (1) "Noxious weed" means ((any)) a plant ((which)) that when established is highly destructive, competitive, or difficult to control by cultural or chemical practices. (2) "State noxious weed list" means a list of noxious weeds adopted by the state noxious weed control board ((which)). The list is divided into three classes: (a) Class A ((shall)) consists of those noxious weeds not native to the state that are of limited distribution or are unrecorded in the state and that pose a serious threat to the state; (b) Class B ((shall)) consists of those noxious weeds not native to the state that are of limited distribution or are unrecorded in a region of the state and that pose a serious threat to that region; (c) Class C ((shall)) consists of any other noxious weeds. (3) "Person" means any individual, partnership, corporation, firm, the state or any department, agency, or subdivision thereof, or any other entity. (4) "Owner" means the person in actual control of property, or his or her agent, whether ((such)) the control is based on legal or equitable title or on any other interest entitling the holder to possession and, for purposes of liability, pursuant to RCW 17.10.170 or 17.10.210, means the possessor of legal or equitable title or the possessor of an easement: PROVIDED, That when the possessor of an easement has the right to control or limit the growth of vegetation within the boundaries of an easement, only the possessor of ((such)) the easement ((shall be)) is deemed, for the purpose of this chapter, an "owner" of the property within the boundaries of ((such)) the easement. (5) As pertains to the duty of an owner, the words "control", "contain", "eradicate", and the term "prevent the spread of noxious weeds" ((shall)) means conforming to the standards of noxious weed control or prevention in this chapter or as adopted by rule ((or regulation)) in chapter 16-750 WAC by the state noxious weed control board and an activated county noxious weed control board. (6) "Agent" means any occupant or any other person acting for the owner and working or in charge of the land. (7) "Agricultural purposes" are those ((which)) that are intended to provide for the growth and harvest of food and fiber. (8) "Director" means the director of the department of agriculture or the director's appointed representative. (9) "Weed district" means a weed district as defined in chapters 17.04 and 17.06 RCW. (10) "Aquatic noxious weed" means an aquatic plant species that is listed on the state weed list under RCW 17.10.080. (11) "Screenings" means a mixture of mill or elevator run mixture or a combination of varying amounts of materials obtained in the process of cleaning either grain or seeds, or both, such as light or broken grain or seed, weed seeds, hulls, chaff, joints, straw, elevator dust, floor sweepings, sand, and dirt. Sec. 3. RCW 17.10.020 and 1969 ex.s. c 113 s 2 are each amended to read as follows: (1) In each county of the state there is ((hereby)) created a noxious weed control board, ((which shall)) bearing the name of the county within which it is located. The jurisdictional boundaries of each board ((shall be coextensive with)) are the boundaries of the county within which it is located. (2) Each noxious weed control board ((shall be)) is inactive until activated pursuant to the provisions of RCW 17.10.040. Sec. 4. RCW 17.10.030 and 1987 c 438 s 2 are each amended to read as follows: There is ((hereby)) created a state noxious weed control board ((which shall be)) comprised of nine voting members and three nonvoting members. Four of the voting members shall be elected by the members of the various activated county noxious weed control boards, and shall be residents of a county in which a county noxious weed control board has been activated and a member of said board, and those qualifications shall continue through their term of office. Two ((such)) of these members shall be elected from the west side of the state, the crest of the Cascades being the dividing line, and two from the east side of the state. The director of agriculture ((shall be)) is a voting member of the board. One voting member shall be elected by the directors of the various active weed districts formed under chapter 17.04 or 17.06 RCW. The Washington state association of counties ((shall)) appoints one voting member who shall be a member of a county legislative authority. ((The director shall appoint three nonvoting members representing scientific disciplines relating to weed control.)) The director shall ((also)) appoint two voting members to represent the public interest, one from the west side and one from the east side of the state. The director shall also appoint three nonvoting members representing scientific disciplines relating to weed control. The term of office for all members of the board ((shall be)) is three years from the date of election or appointment. The board, by rule, shall establish a position number for each elected position of the board and shall designate which county noxious weed control board members are eligible to vote for each elected position. The elected members ((shall)) serve staggered terms. Elections for the elected members of the board shall be held thirty days prior to the expiration date of their respective terms. Nominations and elections shall be by mail and conducted by the board. The board shall conduct its first meeting within thirty days after all its members have been elected. The board shall elect from its members a ((chairman)) chair and ((such)) other officers as may be necessary. A majority of the voting members of the board ((shall)) constitutes a quorum for the transaction of business and ((shall be)) is necessary for any action taken by the board. The members of the board ((shall)) serve without salary, but shall be reimbursed for travel expenses incurred in the performance of their duties under this chapter in accordance with RCW 43.03.050 and 43.03.060 ((as now existing or hereafter amended)). Sec. 5. RCW 17.10.040 and 1987 c 438 s 3 are each amended to read as follows: An inactive county noxious weed control board may be activated by any one of the following methods: (1) Either within sixty days after a petition is filed by one hundred registered voters within the county or, on its own motion, the county legislative authority shall hold a hearing to determine whether there is a need, due to a damaging infestation of noxious weeds, to activate the county noxious weed control board. If such a need is found to exist, then the county legislative authority shall, in the manner provided by RCW 17.10.050, appoint five persons to ((hold seats on)) the county's noxious weed control board. (2) If the county's noxious weed control board is not activated within one year following a hearing by the county legislative authority to determine the need for activation, then upon the filing with the state noxious weed control board of a petition comprised either of the signatures of at least two hundred registered voters within the county, or of the signatures of a majority of an adjacent county's noxious weed control board, the state board shall, within six months of the date of ((such)) the filing, hold a hearing in the county to determine the need for activation. If a need for activation is found to exist, then the state board shall order the county legislative authority to activate the county's noxious weed control board and to appoint members to ((such)) the board in the manner provided by RCW 17.10.050. (3) The director, ((with notice to)) upon request of the state noxious weed control board, ((may)) shall order a county legislative authority to activate the noxious weed control board immediately if an infestation of a class A noxious weed or class B noxious weed designated for control ((within the region wherein the county lies as defined in RCW 17.10.080)) on the state noxious weed list is confirmed in that county. The county legislative authority may, as an alternative to activating the noxious weed board, combat the class A noxious weed or class B noxious weed with county resources and personnel operating with the authorities and responsibilities imposed by this chapter on a county noxious weed control board. No county may continue without a noxious weed control board for a second consecutive year if the class A noxious weed or class B noxious weed ((designated for control within the region wherein the county lies)) has not been eradicated. Sec. 6. RCW 17.10.050 and 1987 c 438 s 4 are each amended to read as follows: (1) Each activated county noxious weed control board ((shall)) consists of five voting members ((who shall be)) appointed by the county legislative authority. In appointing ((such)) the voting members, the county legislative authority shall divide the county into five ((sections, none of which shall overlap and each of which shall be of the same approximate area)) geographical areas that best represent the county's interests, and ((shall)) appoint a voting member from each ((section)) geographical area. At least four of the voting members shall be engaged in the primary production of agricultural products. There ((shall be)) is one nonvoting member on ((such)) the board who ((shall be)) is the ((chief)) chair of the county extension ((agent)) office or an extension agent appointed by the ((chief)) chair of the county extension ((agent)) office. Each voting member of the board ((shall)) serves a term of four years, except that the county legislative authority shall, when a board is first activated under this chapter, designate two voting members to serve terms of two years. The board members shall not receive a salary but shall be compensated for actual and necessary expenses incurred in the performance of their official duties. (2) The voting members of the board ((shall represent the same sections designated by the county legislative authority in appointing members to the board at its inception and shall)) serve until their replacements are appointed. New members of the board shall be appointed at least thirty days prior to the expiration of any board member's term of office. Notice of expiration of a term of office shall be published at least twice in a weekly or daily newspaper of general circulation in ((said)) the section with last publication occurring at least ten days prior to the nomination. All persons interested in appointment to the board and residing in the ((section)) geographical area with a pending nomination shall make a written application that includes the signatures of at least ten registered voters residing in the ((section)) geographical area supporting the nomination to the county noxious weed control board. After nominations close, the county noxious weed control board shall, after a hearing, send the applications to the county legislative authority recommending the names of the most qualified candidates, and ((shall)) post the names of those nominees in the county courthouse and ((in three places in the section)) publish in at least one newspaper of general circulation in the county. The county legislative authority, within ten days of receiving the list of nominees, shall appoint one of those nominees to the county noxious weed control board to represent that ((section)) geographical area during that term of office. (3) Within thirty days after all the members have been appointed, the board shall conduct its first meeting. A majority of the voting members of the board ((shall)) constitutes a quorum for the transaction of business and ((shall be)) is necessary for any action taken by the board. The board shall elect from its members a ((chairperson)) chair and ((such)) other officers as may be necessary. (4) In case of a vacancy occurring in any voting position on a county noxious weed control board, the county legislative authority of the county in which ((such)) the board is located shall appoint a qualified person to fill the vacancy for the unexpired term. Sec. 7. RCW 17.10.060 and 1987 c 438 s 5 are each amended to read as follows: (1) Each activated county noxious weed control board ((may)) shall employ or otherwise provide a weed coordinator whose duties ((shall be)) are fixed by the board but which shall include inspecting land to determine the presence of noxious weeds, offering technical assistance and education, and developing a program to achieve compliance with the weed law. The weed coordinator may be employed full time, part time, or seasonally by the county noxious weed control board. County weed board employment practices shall comply with county personnel policies. Within sixty days from initial employment the weed coordinator shall obtain a pest control consultant license, a pesticide operator license, and the necessary endorsements on the licenses as required by law. Each board may purchase, rent, or lease ((such)) equipment, facilities, or products and may hire ((such)) additional persons as it deems necessary for the administration of the county's noxious weed control program. (2) Each activated county noxious weed control board ((shall have)) has the power to adopt ((such)) rules and regulations, subject to notice and hearing as provided in chapters 42.30 and 42.32 RCW ((as now or hereafter amended)), as are necessary for an effective county weed control or eradication program. (3) Each activated county noxious weed control board shall meet with a quorum at least quarterly. Sec. 8. RCW 17.10.070 and 1987 c 438 s 6 are each amended to read as follows: (1) In addition to the powers conferred on the state noxious weed control board under other provisions of this chapter, it ((shall have)) has the power to: (a) Employ a state noxious weed control board executive secretary ((who shall)), and additional persons as it deems necessary, to disseminate information relating to noxious weeds to county noxious weed control boards and weed districts ((and who shall work)), to coordinate the educational and weed control efforts of the various county and regional noxious weed control boards and weed districts, and to assist the board in carrying out its responsibilities; (b) Adopt, amend, ((change,)) or repeal ((such)) rules, pursuant to the administrative procedure act, chapter 34.05 RCW, as may be necessary to carry out the duties and authorities assigned to the board by this chapter. (2) The state noxious weed control board shall provide a written report before January 1 of each odd-numbered year to the governor, the legislature, the county noxious weed control boards, and the weed districts showing the ((funds disbursed by the department to each noxious weed control board or district,)) expenditure of state funds on noxious weed control; specifically how the funds were spent((,)); the status of the state, county, and district programs; and recommendations for the continued best use of state funds for noxious weed control. The report shall include recommendations as to the long-term needs regarding weed control. Sec. 9. RCW 17.10.074 and 1987 c 438 s 7 are each amended to read as follows: (1) In addition to the powers conferred on the director under other provisions of this chapter, the director ((shall)), with the advice of the state noxious weed control board, ((have)) has power to: (a) Require the county legislative authority or the noxious weed control board of any county or any weed district to report to it concerning the presence, absence, or estimated amount of noxious weeds and measures, if any, taken or planned for the control thereof; (b) Employ ((such)) staff as may be necessary in the administration of this chapter; (c) Adopt, amend, ((change,)) or repeal ((such)) rules, pursuant to the administrative procedure act, chapter 34.05 RCW, as may be necessary to carry out this chapter; (d) Do such things as may be necessary and incidental to the administration of its functions pursuant to this chapter including but not limited to surveying for and detecting noxious weed infestations; (e) Upon receipt of a complaint signed by a majority of the members of an adjacent county noxious weed control board or weed district, or by one hundred registered voters that are land owners within the county, require the county legislative authority or noxious weed control board of the county or weed district that is the subject of the complaint to respond to the complaint within forty-five days with a plan for the control of the noxious weeds cited in the complaint; (f) If the complaint in ((subsection)) (e) of this subsection involves a class A or class B noxious weed, order the county legislative authority, noxious weed control board, or weed district to take immediate action to eradicate or control the noxious weed infestation. If the county or the weed district does not take action to control the noxious weed infestation in accordance with the order, the director may control it or cause it to be controlled. The county or weed district ((shall be)) is liable for payment of the expense of the control work including necessary costs and expenses for attorneys' fees incurred by the director in securing payment from the county or weed district. The director may bring a civil action in a court of competent jurisdiction to collect the expenses of the control work, costs, and attorneys' fees; (g) In counties ((which have not activated their)) without an activated noxious weed control board, enter upon any property as provided for in RCW 17.10.160, issue or cause to be issued notices and citations and take the necessary action to control noxious weeds as provided in RCW 17.10.170, hold hearings on any charge or cost of control action taken as provided for in RCW 17.10.180, issue a notice of civil infraction as provided for in RCW 17.10.230((,)) and 17.10.310 through 17.10.350, and place a lien on any property pursuant to RCW 17.10.280, 17.10.290, and 17.10.300 with the same authorities and responsibilities imposed by these sections on county noxious weed control boards; (h) Adopt a list of noxious weed seeds and toxic weeds which shall be controlled in designated articles, products, or feed stuffs as provided for in RCW 17.10.235. (2) The moneys appropriated for noxious weed control to the department shall be used for administration of the state noxious weed control board ((for determining the economic impact of noxious weeds in the state of Washington)), the administration of the director's powers under this chapter, the purchase of materials for controlling, containing, or eradicating noxious weeds, the purchase or collection of biological control agents for controlling noxious weeds, and the contracting for services to carry out the purposes of this chapter. In a county with an activated noxious weed control board, the director shall make every effort to contract with that board for the needed services. (3) If the director determines the need to reallocate funds previously designated for county use, the director shall convene a meeting of the state noxious weed control board to seek its advice concerning any reallocation. Sec. 10. RCW 17.10.080 and 1989 c 175 s 57 are each amended to read as follows: (1) The state noxious weed control board shall each year or more often, following a hearing, adopt a state noxious weed list. (2) ((At the hearing)) Any person may request during a comment period established by the state weed board the inclusion, deletion, or designation change of any plant to the ((lists to be adopted by the state noxious weed control board. Any hearing held pursuant to this section shall conform to the Administrative Procedure Act, chapter 34.05 RCW: PROVIDED, That adding a weed to or deleting a weed from the list shall constitute a substantial change as provided for in RCW 34.05.340)) state noxious weed list. (3) The state noxious weed control board shall send a copy of the list((s)) to each activated county noxious weed control board, ((to each regional noxious weed control board,)) to each weed district, and to the county legislative authority of each county with an inactive noxious weed control board. (4) The record of ((hearing shall)) rule making must include the written findings of the board for the inclusion of each plant on the list. ((Such)) The findings shall be made available upon request to any interested person. Sec. 11. RCW 17.10.090 and 1987 c 438 s 9 are each amended to read as follows: Each county noxious weed control board shall, within ((thirty)) ninety days of the ((receipt)) adoption of the state noxious weed list from the state noxious weed control board and following a hearing, select those weeds from the class C list and those weeds from the class B list not designated for control in the noxious weed control region in which the county lies ((which)) that it finds necessary to be controlled in the county. The weeds thus selected and all class A weeds and those class B weeds that have been designated for control in the noxious weed control region in which the county lies shall be classified within that county as noxious weeds, and those weeds ((shall)) comprise the county noxious weed list. Sec. 12. RCW 17.10.100 and 1987 c 438 s 10 are each amended to read as follows: Where any of the following occur, the state noxious weed control board may, following a hearing, order any county noxious weed control board or weed district to include a noxious weed from the state board's list in the county's noxious weed list: (1) Where the state noxious weed control board receives a petition from at least one hundred registered voters within the county requesting that the weed be listed. (2) Where the state noxious weed control board receives a request for ((such)) inclusion from an adjacent county's noxious weed control board or weed district, which the adjacent board or district has included that weed in ((the)) its county list, and ((which)) the adjacent board or weed district alleges that its noxious weed control program is being hampered by the failure to include the weed on the county's noxious weed list. Sec. 13. RCW 17.10.110 and 1987 c 438 s 11 are each amended to read as follows: A regional noxious weed control board comprising the area of two or more counties may be created as follows: Either the county legislative authority ((and/or)), or the noxious weed control board, or both, of two or more counties may, upon a determination that the purpose of this chapter will be served by the creation of a regional noxious weed control board, adopt a resolution providing for a limited merger of the functions of their respective counties noxious weed control boards. ((Such)) The resolution ((shall)) becomes effective only when a similar resolution is adopted by the other county or counties comprising the proposed regional board. Sec. 14. RCW 17.10.120 and 1987 c 438 s 12 are each amended to read as follows: In any case where a regional noxious weed control board is created, the county noxious weed control boards comprising the regional board shall still remain in existence and shall retain all powers and duties provided for ((such)) the boards under this chapter. The regional noxious weed control board ((shall be)) is comprised of the voting members and the nonvoting members of the component counties noxious weed control boards or county legislative authorities who shall, respectively, be the voting and nonvoting members of the regional board: PROVIDED, That each county shall have an equal number of voting members. The board may appoint other nonvoting members as deemed necessary. A majority of the voting members of the board ((shall)) constitutes a quorum for the transaction of business and ((shall be)) is necessary for any action taken by the board. The board shall elect a ((chairperson)) chair from its members and ((such)) other officers as may be necessary. Members of the regional board ((shall)) serve without salary but shall be compensated for actual and necessary expenses incurred in the performance of their official duties. Sec. 15. RCW 17.10.130 and 1987 c 438 s 13 are each amended to read as follows: The powers and duties of a regional noxious weed control board are as follows: (1) The regional board shall, within ((thirty)) ninety days of the ((receipt)) adoption of the state noxious weed list from the state noxious weed control board and following a hearing, select those weeds from the state list ((which)) that it finds necessary to be controlled on a regional basis. The weeds thus selected shall also be contained in the county noxious weed list of each county in the region. (2) The regional board shall take ((such)) action as may be necessary to coordinate the noxious weed control programs of the region and ((shall)) adopt a regional plan for the control of noxious weeds. Sec. 16. RCW 17.10.134 and 1987 c 438 s 14 are each amended to read as follows: Obligations or liabilities incurred by any county or regional noxious weed control board or any claims against a county or regional noxious weed control board ((shall be)) are governed by chapter 4.96 RCW or RCW 4.08.120: PROVIDED, That individual members or employees of a county noxious weed control board ((shall be)) are personally immune from civil liability for damages arising from actions performed within the scope of their official duties or employment. Sec. 17. RCW 17.10.140 and 1969 ex.s. c 113 s 14 are each amended to read as follows: (1) Except as is provided under ((RCW 17.10.150)) subsection (2) of this section, every owner shall perform((,)) or cause to be performed ((such)) those acts as may be necessary to ((control and to prevent the spread of noxious weeds from his)): (a) Eradicate all class A noxious weeds; (b) Control and prevent the spread of all class B noxious weeds designated for control in that region within and from the owner's property; and (c) Control and prevent the spread of all class B and class C noxious weeds listed on the county weed list as locally mandated control priorities within and from the owner's property. (2) Forest lands classified under RCW 17.10.240(2), or meeting the definition of forest lands contained in RCW 17.10.240, are subject to the requirements of subsection (1)(a) and (b) of this section at all times. Forest lands are subject to the requirements of subsection (1)(c) of this section only within a one thousand foot buffer strip of adjacent land uses. In addition, forest lands are subject to subsection (1)(c) of this section for a single five-year period following the harvesting of trees for lumber. Sec. 18. RCW 17.10.145 and 1995 c 374 s 75 are each amended to read as follows: All state agencies shall control noxious weeds on lands they own, lease, or otherwise control through integrated pest management practices. Agencies shall develop plans in cooperation with county noxious weed control boards to control noxious weeds in accordance with standards in this chapter. All state agencies' lands must comply with this chapter, regardless of noxious weed control efforts on adjacent lands. ((County noxious weed control boards shall assist landowners to meet and exceed the standards on state lands.)) Sec. 19. RCW 17.10.154 and 1987 c 438 s 16 are each amended to read as follows: It is recognized that the prevention, control, and eradication of noxious weeds presents a problem for immediate as well as for future action. It is further recognized that immediate prevention, control, and eradication is practicable on some lands and that prevention, control, and eradication on other lands should be extended over a period of time. Therefore, it is the intent of this chapter that county noxious weed control boards may use their discretion and, by agreement with the owners of land, may propose and accept plans for prevention, control, and eradication ((which)) that may be extended over a period of years. The county noxious weed control board may make an agreement with the owner of any parcel of land by contract between the landowner and the respective county noxious weed control board, and the board shall enforce the terms of any agreement. The county noxious weed control board may make any terms ((which)) that will best serve the interests of the owners of the parcel of land and the common welfare ((which)) that comply with this chapter ((and the rules adopted thereunder)). Agreements made under this section must include at least a one thousand foot buffer for all adjacent agricultural land uses. Noxious weed control in this buffer must comply with RCW 17.10.140(1). Sec. 20. RCW 17.10.160 and 1987 c 438 s 17 are each amended to read as follows: Any authorized agent or employee of the county noxious weed control board or of the state noxious weed control board or of the department of agriculture where not otherwise proscribed by law may enter upon any property for the purpose of administering this chapter and any power exercisable pursuant thereto, including the taking of specimens of weeds ((or other materials)), general inspection, and the performance of eradication or control work. Prior to carrying out the purpose((s)) for which the entry is made, the official making such entry or someone in his or her behalf, shall ((have first made)) make a reasonable attempt to notify the owner of the property as to the purpose and need for the entry. (1) When there is probable cause to believe that there is property within this state not otherwise exempt from process or execution upon which noxious weeds are standing or growing and the owner ((thereof)) refuses permission to inspect the property, a judge of the superior court or district court in the county in which ((such)) the property is located may, upon the request of the county noxious weed control board or its agent, issue a warrant directed to ((such)) the board or agent authorizing the ((search for the noxious weeds described in the request for the warrant)) taking of specimens of weeds or other materials, general inspection, and the performance of eradication or control work. (2) Application for issuance and execution and return of the warrant authorized by this section shall be in accordance with the applicable rules of the superior court or the district courts. (3) Nothing in this section requires the application for and issuance of any warrant not otherwise required by law: PROVIDED, That civil liability for negligence shall lie in any case in which entry and any of the activities connected therewith are not undertaken with reasonable care. (4) Any person who improperly prevents or threatens to prevent entry upon land as authorized in this section or any person who interferes with the carrying out of this chapter shall be upon conviction guilty of a misdemeanor. Sec. 21. RCW 17.10.170 and 1987 c 438 s 18 are each amended to read as follows: (1) Whenever the county noxious weed control board finds that noxious weeds are present on any parcel of land, and that the owner ((thereof)) is not taking prompt and sufficient action to control the ((same)) noxious weeds, pursuant to the provisions of RCW 17.10.140 ((and 17.10.150)), it shall notify the owner that a violation of this chapter exists. The notice shall be in writing and sent by certified mail, and shall identify the noxious weeds found to be present, order prompt control action, and specify the time, of at least ten days from issuance of the notice, within which the prescribed action must be taken. Upon deposit of the certified letter of notice, the noxious weed control authority shall make an affidavit of mailing ((which shall be)) that is prima facie evidence that proper notice was given. If seed ((dispersion)) or other propagule dispersion is imminent, immediate control action may be taken forty-eight hours following the time that notification is reasonably expected to have been received by the owner or agent by certified mail or personal service, instead of ten days. If a landowner received a notice of violation from the county noxious weed control board in a prior growing season, removal or destruction of all above ground plant parts may be required at the most effective point in the growing season, as determined by the county weed board, which may be before or after propagule dispersion. (2) The county noxious weed control board or its authorized agents may issue a notice of civil infraction as provided for in RCW 17.10.230 ((and)), 17.10.310 ((through)), and 17.10.350 to owners who do not take action to control noxious weeds in accordance with the notice. (3) If the owner does not take action to control the noxious weeds in accordance with the notice, the county board may control them, or cause their being controlled, at the expense of the owner. The amount of ((such)) the expense ((shall)) constitutes a lien against the property and may be enforced by proceedings on ((such)) the lien except as provided for by RCW 79.44.060. The owner ((shall be)) is liable for payment of the expense, and nothing in this chapter shall be construed to prevent collection of any judgment on account thereof by any means available pursuant to law, in substitution for enforcement of the lien. Necessary costs and expenses including reasonable attorneys' fees incurred by the county noxious weed control board in carrying out this section may be recovered at the same time as a part of the action filed under this section. Funds received in payment for the expense of controlling noxious weeds shall be transferred to the county noxious weed control board to be expended as required to carry out the purposes of this chapter. (4) The county auditor shall record in his or her office any lien created under this chapter, and any ((such)) lien shall bear interest at the rate of twelve percent per annum from the date on which the county noxious weed control board approves the amount expended in controlling ((such)) the weeds. (5) As an alternative to the enforcement of any lien created under subsection (3) of this section, the county legislative authority may by resolution or ordinance require that each ((such)) lien created ((shall)) be collected by the treasurer in the same manner as a delinquent real property tax, if within thirty days from the date the owner is sent notice of the lien, including the amount thereof, the lien remains unpaid and an appeal has not been made pursuant to RCW 17.10.180. Liens treated as delinquent taxes ((shall)) bear interest at the rate of twelve percent per annum and ((such)) the interest ((shall)) accrues as of the date notice of the lien is sent to the owner: PROVIDED, That any collections for ((such)) the lien shall not be considered as tax. Sec. 22. RCW 17.10.180 and 1987 c 438 s 19 are each amended to read as follows: Any owner, upon request pursuant to the rules and regulation of the county noxious weed control board, ((shall be)) is entitled to a hearing before the board on any charge or cost for which the owner is alleged to be liable pursuant to RCW 17.10.170 or 17.10.210. The board shall send notice by certified mail within thirty days, to each owner at the owner's last known address, as to any ((such)) charge or cost and as to his or her right of a hearing. The hearing shall be scheduled within forty-five days of notification. Any determination or final action by the board ((shall be)) is subject to judicial review by a proceeding in the superior court in the county in which the property is located, and ((such)) the court ((shall have)) has original jurisdiction to determine any suit brought by the owner to recover damages allegedly suffered on account of control work negligently performed: PROVIDED, That no stay or injunction shall lie to delay any ((such)) control work subsequent to notice given pursuant to RCW 17.10.160 or pursuant to an order under RCW 17.10.210. Sec. 23. RCW 17.10.190 and 1987 c 438 s 20 are each amended to read as follows: Each activated county noxious weed control board ((shall cause to be published)) must publish annually, and at ((such)) other times as may be appropriate, in at least one newspaper of general circulation within its area, a general notice. The notice shall direct attention to the need for noxious weed control and ((shall)) give ((such)) other information ((with respect thereto)) concerning noxious weed control requirements as may be appropriate, or ((shall)) indicate where such information may be secured. In addition to the general notice required ((hereby)), the county noxious weed control board may use any appropriate media for the dissemination of information to the public as may be calculated to bring the need for noxious weed control to the attention of owners. The board may consult with individual owners concerning their problems of noxious weed control and may provide them with information and advice, including giving specific instructions and methods when and how certain named weeds are to be controlled. ((Such)) The methods may include ((definite systems of tillage, cropping, management, or use of livestock)) some combination of physical, mechanical, cultural, chemical, and/or biological methods, including livestock. Publication of a notice as required by this section ((shall)) is not ((be)) a condition precedent to the enforcement of this chapter. Sec. 24. RCW 17.10.205 and 1975 1st ex.s. c 13 s 16 are each amended to read as follows: Open areas subject to the spread of noxious weeds, ((other than crop land,)) including but not limited to subdivisions, school grounds, playgrounds, parks, and rights of way shall be subject to regulation by activated county noxious weed control boards in the same manner and to the same extent as is provided for ((agricultural lands)) all terrestrial and aquatic lands of the state. Sec. 25. RCW 17.10.210 and 1987 c 438 s 22 are each amended to read as follows: (1) Whenever the director ((or)), the county noxious weed control board, or a weed district finds that a parcel of land is so seriously infested with class A or class B noxious weeds that control measures cannot be undertaken thereon without quarantining the land and restricting or denying access thereto or use thereof, the director ((or)), the county noxious weed control board, or weed district, with the approval of the director of the department of agriculture, may issue an order for ((such)) the quarantine and restriction or denial of access or use. Upon issuance of the order, the director ((or)), the county noxious weed control board, or the weed district shall commence necessary control measures and ((shall prosecute them with due diligence)) may institute legal action for the collection of costs for control work, which may include attorneys' fees and the costs of other appropriate actions. (2) An order of quarantine shall be served, by any method sufficient for the service of civil process, on all persons known to qualify as owners of the land within the meaning of this chapter. (3) The director shall, with the advice of the state noxious weed control board, determine how the expense of control work undertaken pursuant to this section, and the cost of any quarantine in connection therewith, ((shall be)) is apportioned. Sec. 26. RCW 17.10.235 and 1987 c 438 s 30 are each amended to read as follows: (1) ((Any person who knowingly or negligently sells a product, article, or feed stuff designated under subsection (2) of this section containing noxious weed seeds or toxic weeds designated for control under subsection (2) of this section and in an amount greater than the amount established by the director for the seed or weed under subsection (2) of this section is guilty of a misdemeanor. (2))) The director of agriculture shall adopt, with the advice of the state noxious weed control board, rules designating noxious weed seeds ((the presence of)) which shall be controlled in products, screenings, or articles to prevent the spread of noxious weeds. The rules shall identify the products, screenings, and articles in which ((such)) the seeds must be controlled and the maximum amount of ((such)) the seed to be permitted in the product, screenings, or article to avoid a hazard of spreading the noxious weed by seed from the product, screenings, or article. The director shall also adopt, with the advice of the state board, rules designating toxic weeds ((the presence of)) which shall be controlled in feed stuffs and screenings to prevent injury to the animal that consumes the feed. The rules shall identify the feed stuffs and screenings in which the toxic weeds must be controlled and the maximum amount of the toxic weed to be permitted in ((such)) the feed. Rules developed under this section shall identify ways that products, screenings, articles, or feed stuffs containing noxious weed seeds or toxic weeds can be made available for beneficial uses. (2) Any person who knowingly or negligently sells or otherwise distributes a product, article, screenings, or feed stuff designated by rule containing noxious weed seeds or toxic weeds designated for control by rule and in an amount greater than the amount established by the director for the seed or weed by rule is guilty of a misdemeanor. (3) The department of agriculture shall, upon request of the buyer, inspect products, screenings, articles, or feed stuffs designated ((under subsection (2) of this section)) by rule and charge fees, in accordance with chapter 22.09 RCW, to determine the presence of designated noxious weed seeds or toxic weeds. Sec. 27. RCW 17.10.240 and 1995 c 374 s 77 are each amended to read as follows: (1) The activated county noxious weed control board of each county shall annually submit a budget to the county legislative authority for the operating cost of the county's weed program for the ensuing fiscal year: PROVIDED, That if the board finds the budget approved by the legislative authority is insufficient for an effective county noxious weed control program it shall petition the county legislative authority to hold a hearing as provided in RCW 17.10.890. Control of weeds is a ((special)) benefit to the lands within any such section. Funding for the budget ((shall be)) is derived from any or all of the following: (((1))) (a) The county legislative authority may, in lieu of a tax, levy an assessment against the land for this purpose. Prior to the levying of an assessment the county noxious weed control board shall hold a public hearing at which it ((shall)) will gather information to serve as a basis for classification and ((shall)) then classify the lands into suitable classifications, including but not limited to dry lands, range lands, irrigated lands, nonuse lands, forest lands, or federal lands. The board shall develop and forward to the county legislative authority, as a proposed level of assessment for each class, ((such)) an amount as ((shall)) seems just. The assessment rate shall be either uniform per acre in its respective class or a flat rate per parcel rate plus a uniform rate per acre: PROVIDED, That if no ((special)) benefits ((should be)) are found to accrue to a class of land, a zero assessment may be levied. The county legislative authority, upon receipt of the proposed levels of assessment from the board, after a hearing, shall accept((,)) or modify by resolution, or refer back to the board for its reconsideration all or any portion of the proposed levels of assessment. ((The findings by the county legislative authority of such special benefits, when so declared by resolution and spread upon the minutes of said authority shall be conclusive as to whether or not the same constitutes a special benefit to the lands within the section.)) The amount of ((such)) the assessment ((shall)) constitutes a lien against the property. The county legislative authority may by resolution or ordinance require that notice of the lien be sent to each owner of property for which the assessment has not been paid by the date it was due and that each ((such)) lien created ((shall)) be collected by the treasurer in the same manner as delinquent real property tax, if within thirty days from the date the owner is sent notice of the lien, including the amount thereof, the lien remains unpaid and an appeal has not been made pursuant to RCW 17.10.180. Liens treated as delinquent taxes ((shall)) bear interest at the rate of twelve percent per annum and ((such)) the interest ((shall)) accrues as of the date notice of the lien is sent to the owner: PROVIDED FURTHER, That any collections for ((such)) the lien shall not be considered as tax; or (((2))) (b) The county legislative authority may appropriate money from the county general fund necessary for the administration of the county noxious weed control program. In addition the county legislative authority may make emergency appropriations as it deems necessary for the implementation of this chapter. (((3))) (2) Forest lands used solely for the planting, growing, or harvesting of trees and which are typified, except during a single period of five years following clear-cut logging, by canopies so dense as to prohibit growth of an understory may be subject to an annual noxious weed assessment levied by a county legislative authority that ((shall)) does not exceed one-tenth of the weighted average per acre noxious weed assessment levied on all other lands in unincorporated areas within the county that are subject to the weed assessment. This assessment shall be computed in accordance with the formula in subsection (((4))) (3) of this section. (((4))) (3) The calculation of the "weighted average per acre noxious weed assessment" ((shall be)) is a ratio expressed as follows: (a) The numerator ((shall be)) is the total amount of funds estimated to be collected from the per acre assessment on all lands except (i) forest lands as identified in subsection (((3))) (2) of this section, (ii) lands exempt from the noxious weed assessment, and (iii) lands located in an incorporated area. (b) The denominator ((shall be)) is the total acreage from which funds in (a) of this subsection are collected. For lands of less than one acre in size, the denominator calculation may be based on the following assumptions: (i) Unimproved lands ((shall be)) are calculated as being one-half acre in size on the average, and (ii) improved lands ((shall be)) are calculated as being one-third acre in size on the average. The county legislative authority may choose to calculate the denominator for lands of less than one acre in size using other assumptions about average parcel size based on local information. (((5))) (4) For those counties that levy a per parcel assessment to help fund noxious weed control programs, the per parcel assessment on forest lands as defined in subsection (((3))) (2) of this section shall not exceed one-tenth of the per parcel assessment on nonforest lands. Sec. 28. RCW 17.10.250 and 1987 c 438 s 32 are each amended to read as follows: The legislative authority of any county with an activated noxious weed control board or the board of any weed district may apply to the director for noxious weed control funds when informed by the director that funds are available. Any ((such)) applicant must employ adequate administrative personnel to supervise an effective weed control program as determined by the director with advice from the state noxious weed control board. The director with advice from the state noxious weed control board shall adopt rules on the distribution and use of noxious weed control account funds. Sec. 29. RCW 17.10.300 and 1975 1st ex.s. c 13 s 15 are each amended to read as follows: No lien created by RCW 17.10.280 ((shall)) exists, and no action to enforce the same shall be maintained, unless within ninety days from the date of cessation of the performance of ((such)) the labor, furnishing of materials, or the supplying of ((such)) equipment, a claim for ((such)) the lien ((shall be)) is filed for record as ((hereinafter)) provided in this section, in the office of the county auditor of the county in which the property, or some part ((thereof)) of the property to be affected ((thereby)) by the claim for a lien, is situated. ((Such)) The claim shall state, as nearly as may be, the time of the commencement and cessation of performing the labor, furnishing the material, or supplying the equipment, the name of the county noxious weed control board ((which)) that performed the labor or caused the labor to be performed, furnished the material, or supplied the equipment, a description of the property to be charged with the lien sufficient for identification, the name of the owner, or reputed owner if known, or his or her agent, and if the owner is not known, that fact shall be mentioned, the amount for which the lien is claimed, and shall be signed by the county noxious weed control board, and be verified by the oath of the county noxious weed control board, to the effect that the affiant believes that claim to be just; and ((such)) the claim of lien may be amended in case of action brought to foreclose the same, by order of the court, as pleadings may be, insofar as the interest of third parties shall not be affected by such an amendment. ((A claim or lien substantially in the same form provided by RCW 60.04.060 and not in conflict with this section shall be sufficient.)) Sec. 30. RCW 17.10.310 and 1987 c 438 s 24 are each amended to read as follows: The county noxious weed control board may issue a notice of civil infraction if after investigation it has reasonable cause to believe an infraction has been committed. ((It shall be a misdemeanor for any person to refuse to identify himself or herself properly for the purpose of issuance of a notice of infraction. Any person wilfully violating a written and signed promise to respond to a notice of infraction shall be guilty of a misdemeanor regardless of the disposition of the notice of infraction.)) A civil infraction may be issued pursuant to RCW 7.80.005, 7.80.070 through 7.80.110, 7.80.120 (3) and (4), and 7.80.130 through 7.80.900. Sec. 31. RCW 17.10.350 and 1987 c 438 s 28 are each amended to read as follows: Any person found to have committed a civil infraction under this chapter shall be assessed a monetary penalty((. No monetary penalty so assessed may)) not to exceed one thousand dollars. The state noxious weed control board shall adopt a schedule of monetary penalties for each violation of this chapter classified as a civil infraction and ((shall)) submit the schedule to the appropriate court. If a monetary penalty is imposed by the court, the penalty is immediately due and payable. The court may, at its discretion, grant an extension of time, not to exceed thirty days, in which the penalty must be paid. Failure to pay any monetary penalties imposed under this chapter ((shall be)) is punishable as a misdemeanor. Sec. 32. RCW 17.10.890 and 1987 c 438 s 37 are each amended to read as follows: The following procedures shall be followed to deactivate a county noxious weed control board: (1) The county legislative authority ((shall)) holds a hearing to determine whether there continues to be a need for an activated county noxious weed control board if: (a) A petition is filed by one hundred registered voters within the county; (b) A petition is filed by a county noxious weed control board as provided in RCW 17.10.240; or (c) The county legislative authority passes a motion to hold such a hearing. (2) Except as provided in subsection (4) of this section, the hearing shall be held within sixty days of final action taken under subsection (1) of this section. (3) If, after a hearing, the county legislative authority determines that no need exists for a county noxious weed control board, due to the absence of class A or class B noxious weeds designated for control in the region, the county legislative authority shall deactivate the board. (4) The county legislative authority shall not convene a hearing as provided for in subsection (1) of this section more frequently than once a year. Sec. 33. RCW 17.10.900 and 1987 c 438 s 38 are each amended to read as follows: Any weed district formed under chapter 17.04 or 17.06 RCW prior to the enactment of this chapter, ((shall)) continues to operate under the provisions of the chapter under which it was formed: PROVIDED, That if ten percent of the landowners subject to any such weed district, and the county noxious weed control board upon its own motion, petition the county legislative authority for a dissolution of the weed district, the county legislative authority shall provide for an election to be conducted in the same manner as required for the election of directors under the provisions of chapter 17.04 RCW, to determine by majority vote of those casting votes, if ((such)) the weed district ((shall)) will continue to operate under the ((act)) chapter it was formed. The land area of any dissolved weed district ((shall forthwith)) becomes subject to the provisions of this chapter. Any district assessment funds may be transferred after the dissolution election under contract to the county noxious weed control board to fund the noxious weed control program. NEW SECTION. Sec. 34. A new section is added to chapter 17.10 RCW to read as follows: (1) The state noxious weed control board shall: (a) Work with the various federal and tribal land management agencies to coordinate state and federal noxious weed control; (b) Encourage the various federal and tribal land management agencies to devote more time and resources to noxious weed control; and (c) Assist the various federal and tribal land management agencies by seeking adequate funding for noxious weed control. (2) County noxious weed control boards and weed districts shall work with the various federal and tribal land management agencies in each county in order to: (a) Identify new noxious weed infestations; (b) Outline and plan necessary noxious weed control actions; (c) Develop coordinated noxious weed control programs; and (d) Notify local federal and tribal agency land managers of noxious weed infestations. (3) The department of agriculture, county noxious weed control boards, and weed districts are authorized to enter federal lands, with the approval of the appropriate federal agency, to survey for and control noxious weeds where control measures of a type and extent required under this chapter have not been taken. (4) The department of agriculture, county noxious weed control boards, and weed districts may bill the federal land management agency that manages the land for all costs of the noxious weed control performed on federal land. If not paid by the federal agency that manages the land, the cost of the noxious weed control on federal land may be paid from any funds available to the county noxious weed control board or weed district that performed the noxious weed control. Alternatively, the costs of noxious weed control on federal land may be paid from any funds specifically appropriated to the department of agriculture for that purpose. (5) The department of agriculture, county noxious weed control boards, and weed districts are authorized to enter into any reasonable agreement with the appropriate authorities for the control of noxious weeds on federal or tribal lands. (6) The department of agriculture, county noxious weed control boards, and weed districts shall consult with state agencies managing federal land concerning noxious weed infestation and control programs. NEW SECTION. Sec. 35. RCW 17.10.905 is recodified as a section between RCW 17.10.005 and 17.10.010. NEW SECTION. Sec. 36. The following acts or parts of acts are each repealed: (1) RCW 17.10.005 and 1995 c 374 s 72; (2) RCW 17.10.150 and 1987 c 438 s 15, 1975 1st ex.s. c 13 s 7, 1974 ex.s. c 143 s 2, & 1969 ex.s. c 113 s 15; (3) RCW 17.10.200 and 1987 c 438 s 21, 1979 c 118 s 3, & 1969 ex.s. c 113 s 20; (4) RCW 17.10.320 and 1987 c 438 s 25; (5) RCW 17.10.330 and 1987 c 438 s 26; and (6) RCW 17.10.340 and 1987 c 438 s 27." On motion of Senator Morton, the following title amendment was adopted:
On page 1, line 1 of the title, after "weeds;" strike the remainder of the title and insert "amending RCW 17.10.905, 17.10.010, 17.10.020, 17.10.030, 17.10.040, 17.10.050, 17.10.060, 17.10.070, 17.10.074, 17.10.080, 17.10.090, 17.10.100, 17.10.110, 17.10.120, 17.10.130, 17.10.134, 17.10.140, 17.10.145, 17.10.154, 17.10.160, 17.10.170, 17.10.180, 17.10.190, 17.10.205, 17.10.210, 17.10.235, 17.10.240, 17.10.250, 17.10.300, 17.10.310, 17.10.350, 17.10.890, and 17.10.900; adding new sections to chapter 17.10 RCW; recodifying RCW 17.10.905; and repealing RCW 17.10.005, 17.10.150, 17.10.200, 17.10.320, 17.10.330, and 17.10.340."
MOTION
On motion of Senator Morton, the rules were suspended, Substitute House Bill No. 1464, 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. 1464, as amended by the Senate.
,
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1464, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 47. Excused: Senators Schow and Wojahn - 2. SUBSTITUTE HOUSE BILL NO. 1464, 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
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1730, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Schoesler and Grant)
Changing provisions relating to sufficient cause for nonuse of water rights.
The bill was read the second time.
MOTIONS
On motion of Senator Swecker, the following Committee on Agriculture and Environment amendment was adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 90.03.320 and 1987 c 109 s 67 are each amended to read as follows: Actual construction work shall be commenced on any project for which permit has been granted within such reasonable time as shall be prescribed by the department, and shall thereafter be prosecuted with diligence and completed within the time prescribed by the department. The department, in fixing the time for the commencement of the work, or for the completion thereof and the application of the water to the beneficial use prescribed in the permit, shall take into consideration the cost and magnitude of the project and the engineering and physical features to be encountered, and shall allow such time as shall be reasonable and just under the conditions then existing, having due regard for the public welfare and public interests affected((: and, for good cause shown, it)). For good cause shown, the department shall extend the time or times fixed as aforesaid, and shall grant such further period or periods as may be reasonably necessary, having due regard to the good faith of the applicant and the public interests affected. If federal or state laws prevent or restrict water use otherwise authorized under the permit in a federal reclamation project, the department shall extend the time or times fixed for commencing work, completing work, and applying water to beneficial use and the extension shall be for a period that is not less than the period of nonuse or restricted use caused by the federal or state laws. If the terms of the permit or extension thereof, are not complied with the department shall give notice by registered mail that such permit will be canceled unless the holders thereof shall show cause within sixty days why the same should not be so canceled. If cause be not shown, said permit shall be canceled." On motion of Senator Swecker, the following title amendment was adopted:
On page 1, line 2 of the title, after "90.03.320" strike "and 90.14.140"
MOTION
On motion of Senator Swecker, the rules were suspended, Engrossed Substitute House Bill No. 1730, as amended by the Senate, 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. 1730, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1730, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 1; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Absent: Senator Long - 1. Excused: Senators Schow and Strannigan - 2. ENGROSSED SUBSTITUTE HOUSE BILL NO. 1730, 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
SECOND SUBSTITUTE HOUSE BILL NO. 1817, by House Committee on Appropriations (originally sponsored by Representatives Chandler, Kessler, Alexander, Linville, DeBolt, O'Brien, Skinner, Wolfe, McMorris, Ogden, D. Sommers, Hankins, Cooke and Mason)
Authorizing reclaimed water demonstration projects.
The bill was read the second time.
MOTION
Senator West moved that the following Committee on Ways and Means amendment be adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 90.46.005 and 1995 c 342 s 1 are each amended to read as follows: The legislature finds that by encouraging the use of reclaimed water while assuring the health and safety of all Washington citizens and the protection of its environment, the state of Washington will continue to use water in the best interests of present and future generations. To facilitate the use of reclaimed water as soon as is practicable, the legislature encourages the cooperative efforts of the public and private sectors and the use of pilot projects to effectuate the goals of this chapter. The legislature further directs the department of health and the department of ecology to coordinate efforts towards developing an efficient and streamlined process for creating and implementing processes for the use of reclaimed water. It is hereby declared that the people of the state of Washington have a primary interest in the development of facilities to provide reclaimed water to replace potable water in nonpotable applications, to supplement existing surface and ground water supplies, and to assist in meeting the future water requirements of the state. The legislature further finds and declares that the utilization of reclaimed water by local communities for domestic, agricultural, industrial, recreational, and fish and wildlife habitat creation and enhancement purposes, including wetland enhancement, will contribute to the peace, health, safety, and welfare of the people of the state of Washington. To the extent reclaimed water is appropriate for beneficial uses, it should be so used to preserve potable water for drinking purposes. Use of reclaimed water constitutes the development of new basic water supplies needed for future generations. The legislature further finds and declares that the use of reclaimed water is not inconsistent with the policy of antidegradation of state waters announced in other state statutes, including the water pollution control act, chapter 90.48 RCW and the water resources act, chapter 90.54 RCW. The legislature finds that other states, including California, Florida, and Arizona, have successfully used reclaimed water to supplement existing water supplies without threatening existing resources or public health. It is the intent of the legislature that the department of ecology and the department of health undertake the necessary steps to encourage the development of water reclamation facilities so that reclaimed water may be made available to help meet the growing water requirements of the state. The legislature further finds and declares that reclaimed water facilities are water pollution control facilities as defined in chapter 70.146 RCW and are eligible for financial assistance as provided in chapter 70.146 RCW. The legislature finds that funding demonstration projects will ensure the future use of reclaimed water. The demonstration projects in section 2 of this act are varied in nature and will provide the experience necessary to test different facets of the standards and refine a variety of technologies so that water purveyors can begin to use reclaimed water technology in a more cost-effective manner. This is especially critical in smaller cities and communities where the feasibility for such projects is great, but there are scarce resources to develop the necessary facilities. NEW SECTION. Sec. 2. A new section is added to chapter 90.46 RCW to read as follows: (1) The department of ecology shall establish and administer a reclaimed water demonstration program for the purposes of funding and monitoring the progress of five demonstration projects. The department shall work in cooperation with the department of health. (2) The five demonstration projects will be: (a) The city of Ephrata, to use class A reclaimed water for surface spreading that will recharge the groundwater and reduce the nitrate concentrations that currently exceed drinking water standards in domestic wells; (b) Lincoln county, for a study of the use of reclaimed water to transport twenty-two million gallons a day from Spokane to water sources that will rehydrate and restore long depleted streambeds; (c) The city of Royal City to replace an interim emergency sprayfield by using one hundred percent of its discharge as class A reclaimed water to enhance local wetlands and lakes in the winter, and potentially irrigate a golf course; (d) The city of Sequim to implement a tertiary treatment system and reuse one hundred percent of the city's wastewater to reopen an existing shellfish closure area to benefit state and tribal resources, improve streamflows in the Dungeness river, and provide a sustainable water supply for irrigation purposes; (e) The city of Yelm to use one hundred percent of its wastewater to provide alternative water supply for irrigation and industrial uses in order to offset increased demand for water supply, to protect the Nisqually river chum salmon runs, and to develop experimental artificial wetlands to test low cost treatment options. (3) By September 30, 1997, the department of ecology shall enter into a grant agreement with the demonstration project jurisdictions that includes reporting requirements, timelines, and a fund disbursement schedule based on the agreed project milestones. (4) Upon completion of the projects, the department of ecology shall report to the appropriate committees of the legislature on the results of the program. (5) Demonstration projects which will discharge or otherwise deliver reclaimed water to federal reclamation project facilities or irrigation district facilities shall meet the requirements of the facilities' operating entity for such discharges or deliveries. (6) No irrigation district, its directors, officers, employees, or agents operating and maintaining irrigation works for any purpose authorized by law, including the production of food for human consumption and other agricultural and domestic purposes, is liable for damages to persons or property arising from the implementation of the demonstration projects in this section."
MOTION
On motion of Senator Johnson, further consideration of Second Substitute House Bill No. 1817 was deferred.
SECOND READING
SENATE BILL NO. 5559, by Senators Hale, West, Loveland and Anderson
Exempting coin-operated services of car washes from sales and use tax.
The bill was read the second time.
MOTION
On motion of Senator West, the rules were suspended, Senate Bill No. 5559 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTIONS
On motion of Senator Franklin, Senator Fairley was excused.
On motion of Senator Hale, Senator McCaslin was excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5559.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5559 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 13; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Long, Loveland, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Stevens, Swecker, West, Winsley, Wood and Zarelli - 32. Voting nay: Senators Brown, Franklin, Fraser, Hargrove, Kline, Kohl, McAuliffe, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 13. Excused: Senators Fairley, McCaslin, Schow and Strannigan - 4. SENATE BILL NO. 5559, 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 Senate resumed consideration of Second Substitute House Bill No. 1817 and the pending Committee on Ways and Means striking amendment, deferred earlier today.
The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment to Second Substitute House Bill No. 1817.
The motion by Senator West carried and the committee striking amendment was adopted.
MOTIONS
On motion of Senator West, the following title amendment was adopted:
On page 1, line 1 of the title, after "program;" strike the remainder of the title and insert "amending RCW 90.46.005; and adding a new section to chapter 90.46 RCW." On motion of Senator West, the rules were suspended, Second Substitute House Bill No. 1817, as amended by the Senate, 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 Second Substitute House Bill No. 1817, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1817, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 45. Voting nay: Senator Thibaudeau - 1. Excused: Senators Fairley, Schow and Strannigan - 3. SECOND SUBSTITUTE HOUSE BILL NO. 1817, 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
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1327, by House Committee on Finance (originally sponsored by Representatives Huff, Carrell, Quall, Mulliken, Morris, Linville, Ogden, Dunshee, B. Thomas, Johnson, Conway, Sheldon, Grant, Mastin, D. Schmidt, Robertson, Kessler, Skinner, Boldt, Lisk, Mielke, Dickerson, L. Thomas, O'Brien, Hatfield, Kenney, Gardner, Cooke, Costa, Ballasiotes, Thompson, Koster, Lantz, Mason, Schoesler, Dunn, Alexander and Anderson)
Reimbursing sellers for sales tax collection costs.
The bill was read the second time.
MOTIONS
On motion of Senator West, the following Committee on Ways and Means amendment was adopted:
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 82.08.050 and 1993 sp.s. c 25 s 704 are each amended to read as follows: (1)(a) The tax hereby imposed shall be paid by the buyer to the seller, and each seller shall collect from the buyer the full amount of the tax payable in respect to each taxable sale in accordance with the schedule of collections adopted by the department pursuant to the provisions of RCW 82.08.060. The tax required by this chapter, to be collected by the seller, minus the amount retained by the seller for administration under subsection (2) of this section, shall be deemed to be held in trust by the seller until paid to the department, and any seller who appropriates or converts the tax collected to his or her own use or to any use other than the payment of the tax to the extent that the money required to be collected is not available for payment on the due date as prescribed in this chapter shall be guilty of a gross misdemeanor. (b) In case any seller fails to collect the tax herein imposed or having collected the tax, fails to pay ((it)) the amount owed to the department in the manner prescribed by this chapter, whether such failure is the result of his or her own acts or the result of acts or conditions beyond his or her control, he or she shall, nevertheless, be personally liable to the state for the amount of the tax owed, unless the seller has taken from the buyer in good faith a properly executed resale certificate under RCW 82.04.470. (c) The amount of tax, until paid by the buyer to the seller or to the department, shall constitute a debt from the buyer to the seller and any seller who fails or refuses to collect the tax as required with intent to violate the provisions of this chapter or to gain some advantage or benefit, either direct or indirect, and any buyer who refuses to pay any tax due under this chapter shall be guilty of a misdemeanor. The tax required by this chapter to be collected by the seller shall be stated separately from the selling price in any sales invoice or other instrument of sale. On all retail sales through vending machines, the tax need not be stated separately from the selling price or collected separately from the buyer. For purposes of determining the tax due from the buyer to the seller and from the seller to the department it shall be conclusively presumed that the selling price quoted in any price list, sales document, contract or other agreement between the parties does not include the tax imposed by this chapter, but if the seller advertises the price as including the tax or that the seller is paying the tax, the advertised price shall not be considered the selling price. (d) Where a buyer has failed to pay to the seller the tax imposed by this chapter and the seller has not paid the amount of the tax owed to the department, the department may, in its discretion, proceed directly against the buyer for collection of the tax, in which case a penalty of ten percent may be added to the amount of the tax for failure of the buyer to pay the same to the seller, regardless of when the tax may be collected by the department; and all of the provisions of chapter 82.32 RCW, including those relative to interest and penalties, shall apply in addition; and, for the sole purpose of applying the various provisions of chapter 82.32 RCW, the twenty-fifth day of the month following the tax period in which the purchase was made shall be considered as the due date of the tax. (2) Each seller shall retain, as reimbursement for the costs associated with collection and administration under this section, the following amounts each reporting period: (a) 1.0 percent of the tax collected under this section on the first forty thousand dollars of taxable sales per month in the reporting period; and
(b) 0.5 percent of the tax collected under this section on sales greater than forty thousand dollars but less than or equal to one hundred twenty thousand dollars per month in the reporting period. No reimbursement is allowed under this section for taxable sales in excess of one hundred twenty thousand dollars per month in the reporting period. NEW SECTION. Sec. 2. A new section is added to chapter 82.04 RCW to read as follows: This chapter does not apply to amounts retained by a seller for administration under RCW 82.08.050(2). NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997." On motion of Senator West, the following title amendment was adopted:
On page 1, line 2 of the title, after "costs;" strike the remainder of the title and insert "amending RCW 82.08.050; adding a new section to chapter 82.04 RCW; providing an effective date; and declaring an emergency."
MOTION
On motion of Senator West, the rules were suspended, Engrossed Substitute House Bill No. 1327, as amended by the Senate, 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. 1327, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1327, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 31; Nays, 16; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Patterson, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Stevens, Swecker, West, Wood and Zarelli - 31. Voting nay: Senators Brown, Fairley, Horn, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Oke, Prentice, Snyder, Spanel, Swanson, Thibaudeau, Winsley and Wojahn - 16. Excused: Senators Schow and Strannigan - 2. ENGROSSED SUBSTITUTE HOUSE BILL NO. 1327, 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. 6092, by Senators West and Deccio
Abolishing the state health care policy board.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 6092 was substituted for Senate Bill No. 6092 and the substitute bill was placed on second reading and read the second time.
On motion of Senator West, the following amendments were considered simultaneously and were adopted:
On page 10, line 12, strike "and" and insert "((and))" On page 10, line 14, after "providers" and before the period insert the following: " ;(e) Effective July 1, 1997, in addition to the rule-making authority granted to the department under this section, the department shall have the authority to enforce and administer rules previously adopted by the health services commission and the health care policy board pursuant to RCW 43.72.310."
MOTIONS
On motion of Senator West, the following amendments were considered simultaneously and were adopted:
On page 12, line 7, after "petition" insert "or a written request to the department to obtain an opinion from the attorney general" On page 12, line 17, after "public." strike "The fee for a petition" and insert "The total fee for a petition under this section, a written request to the department to obtain an opinion from the attorney general, or a combination of both regarding the same conduct" On motion of Senator West, the rules were suspended, Engrossed Substitute Senate Bill No. 6092 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. 6092.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6092 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 3; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley, Wood and Zarelli - 44. Voting nay: Senators Prentice, Swanson and Wojahn - 3. Excused: Senators Schow and Strannigan - 2. ENGROSSED SUBSTITUTE SENATE BILL NO. 6092, 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. 5424, by Senate Committee on Ways and Means (originally sponsored by Senators West, Wojahn, Winsley, Hale, Franklin, Jacobsen and Rasmussen)
Providing tax exemptions for businesses in community empowerment zones that provide selected international services.
MOTIONS
On motion of Senator West, Substitute Senate Bill No. 5424 was substituted for Senate Bill No. 5424 and the substitute bill was placed on second reading and read the second time.
On motion of Senator West, the rules were suspended, Substitute Senate Bill No. 5424 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. 5424.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5424 and the bill passed the Senate by the following vote: Yeas, 42; Nays, 5; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 42. Voting nay: Senators Brown, Fairley, Fraser, Kline and Zarelli - 5. Excused: Senators Schow and Strannigan - 2. SUBSTITUTE SENATE BILL NO. 5424, 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. 1024, by House Committee on Health Care (originally sponsored by Representatives Dyer, Cody, Skinner, Sherstad, Thompson, Carlson, D. Sommers, Sterk, Huff, L. Thomas, Cooke, Dunn, Mielke, Clements and Backlund)
Shortening the notice time given by nursing homes to the department of health to convert beds back to nursing home beds.
The bill was read the second time.
MOTION
On motion of Senator Deccio, the rules were suspended, Substitute House Bill No. 1024 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. 1024.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1024 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Schow and Strannigan - 2. SUBSTITUTE HOUSE BILL NO. 1024, 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. 1768, by House Committee on Health Care (originally sponsored by Representatives Dyer, Zellinsky, Sheldon and L. Thomas)
Regulating pharmacy ancillary personnel.
The bill was read the second time.
MOTION
On motion of Senator Deccio, the rules were suspended, Substitute House Bill No. 1768 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. 1768.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1768 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Schow and Strannigan - 2. SUBSTITUTE HOUSE BILL NO. 1768, 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. 1936, by House Committee on Law and Justice (originally sponsored by Representatives Sterk, Sheahan, Costa, Carrell, Hickel, Radcliff and Quall)
Regulating notice of claim of lien against proceeds.
The bill was read the second time.
MOTIONS
On motion of Senator Horn, the following Committee on Commerce and Labor amendment was adopted:
On page 2, line 9, after "estate." insert "When a broker and owner execute multiple versions of a commission agreement regarding the same disposition of commercial real estate, the final written version of the commission agreement, which incorporates the final agreement between the broker and the owner, constitutes the "commission agreement" and shall be used to determine the amount of the lien created by this chapter." On motion of Senator Horn, the rules were suspended, Substitute House Bill No. 1936, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
MOTION
On motion of Senator Franklin, Senator Fraser was excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1936, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1936, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Snyder, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Excused: Senators Fraser and Schow - 2. SUBSTITUTE HOUSE BILL NO. 1936, 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 Johnson, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 14, 1997
MR. PRESIDENT:
The House has passed :
HOUSE BILL NO. 2261,
` HOUSE BILL NO. 2267, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Johnson, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SB 6110 by Senators Deccio, Wood, Benton, West, McDonald and Strannigan
AN ACT Relating to implementing the federal personal responsibility and work opportunity reconciliation act of 1996; amending RCW 74.08.025, 74.08.340, 74.09.510, 74.09.800, 74.08.331, 28A.630.876, 74.04.050, 41.06.380, 74.12A.020,74.13.0903, 74.25.040, 74.12.255, 74.04.0052, 13.34.160, 74.12.250, 74.12.410, 50.13.060, and 74.04.062; reenacting and amending RCW 74.04.005; adding new sections to chapter 74.12 RCW; adding new sections to chapter 74.04 RCW; adding a new section to chapter 28A.630 RCW; adding a new section to chapter 43.30 RCW; adding a new section to chapter 43.330 RCW; adding a new section to chapter 44.28 RCW; adding a new section to chapter 43.20A RCW; adding a new chapter to Title 74 RCW; creating new sections; repealing RCW 74.12.420, 74.12.425, 74.04.660, 74.25.010, 74.25.020, 74.25.030, 74.25.900, 74.25.901, 74.04.770, 74.08.120, and 74.08.125; providing an effective date; and providing for submission of this act to a vote of the people.
HOLD.
SCR 8412 by Senator McDonald
Exempting revenue reduction and certain other measures from cutoff dates.
HOLD.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
HB 2261 by Representatives Huff, H. Sommers and Wensman (by request of Office of Financial Management)
Reducing paperwork for the governor's budget document.
HOLD.
HB 2267 by Representatives Huff, H. Sommers, Hatfield, Kessler, Lambert, Ogden, Dickerson, Kenney and Wensman (by request of Office of Financial Management)
Creating the disaster response account.
HOLD.
MOTION
On motion of Senator Johnson, Senate Bill No. 6110 was held at the desk.
MOTION
On motion of Senator Johnson, the rules were suspended and House Bill No. 2261 and House Bill No. 2267 were advanced to second reading and placed on the second reading calendar.
MOTION
Senator Johnson moved that the rules be suspended and Senate Concurrent Resolution No. 8412 be advanced to second reading and placed on the second reading calendar.
POINT OF ORDER
Senator Snyder: “A point of order, Mr. President. Rule 59 seems to be kind of confusing. It says, 'concurrent resolutions shall be subject to the rules governing the course of bills and may be adopted without a roll call. Concurrent resolutions authorizing investigations and,' and it goes on and on. If it is subjected to the rules governing the course of the bill, I would think that this would take a two-thirds vote, even though the last sentence seems to contradict the first part by saying, 'concurrent resolutions are subject to final passage on the day of the first reading without regard to Senate Rule 62.' I would like to have a clarification on that please.”
REPLY BY THE PRESIDENT
President Owen: “Your question is whether it takes a majority or two-thirds vote?”
Senator Snyder: “To pass it to second reading.”
RULING BY THE PRESIDENT
President Owen: “Senator Snyder, Senate Rule 59 reads, 'Concurrent resolutions are subject to final passage on the day of the first reading without regard to Senate Rule 62.' The President believes that a precedent has been that it would take a majority vote for this motion.”
EDITOR'S NOTE: Senate Rule 59 states, 'Concurrent resolutions shall be subject to the rules governing the course of bills and may be adopted without a roll call. Concurrent resolutions authorizing investigations and authorizing the expenditure or allocation of any money must be adopted by roll call and the yeas and nays recorded in the journal. Concurrent resolutions are subject to final passage on the day of the first reading without regard to Senate Rule 62.'
The President declared the question before the Senate to be the motion by Senator Johnson to suspend the rules and advance Senate Concurrent Resolution No. 8412 to second reading.
Senator Snyder 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 Johnson to suspend the rules and advance Senate Concurrent Resolution No. 8412 to second reading.
ROLL CALL
The Secretary called the roll and Senate Concurrent Resolution No. 8412 was advanced to second reading by the following vote: Yeas, 25; Nays, 22; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 25. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, Snyder, Spanel, Swanson, Thibaudeau and Wojahn - 22. Excused: Senators Fraser and Schow - 2.
MOTION
Senator Johnson moved that the rules be suspended and Senate Concurrent Resolution No. 8412 be advanced to third reading and final passage.
REPLY BY THE PRESIDENT
President Owen: “Senator Johnson, we have an amendment to the concurrent resolution. Your motion would not be in order at this time. It is being copied for distribution.”
MOTION
At 8:33 p.m., on motion of Senator Johnson, the Senate adjourned until 9:00 a.m., Tuesday, April 15, 1997.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate