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SIXTIETH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Thursday, March 14, 2002
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 Brown, Costa, Finkbeiner, Poulsen, Stevens and Winsley. On motion of Senator Honeyford Senators Finkbeiner, Stevens and Winsley were excused. On motion of Senator Eide, Senators Brown and Poulsen were excused.
The Sergeant at Arms Color Guard, consisting of Pages Nora Donnelly and Jody Lent, presented the Colors. Reverend John Stroeh, pastor of the Lutheran Church of the Good Shepherd Church in Olympia, offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
MESSAGES FROM THE HOUSE
March 13, 2002
MR. PRESIDENT:
The House has passed:
SENATE BILL NO. 5082,
SUBSTITUTE SENATE BILL NO. 6823,
SENATE BILL NO. 6832,
SUBSTITUTE SENATE BILL NO. 6833, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 13, 2002
MR. PRESIDENT:
The Speaker has signed.
SENATE BILL NO. 5064,
SENATE BILL NO. 5138,
SUBSTITUTE SENATE BILL NO. 5166,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5207,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5236,
SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5291,
SECOND SUBSTITUTE SENATE BILL NO. 5354,
SUBSTITUTE SENATE BILL NO. 5369,
SUBSTITUTE SENATE BILL NO. 5552,
ENGROSSED SENATE BILL NO. 5624,
ENGROSSED SENATE BILL NO. 5626,
ENGROSSED SENATE BILL NO. 5692,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5777,
ENGROSSED SENATE BILL NO. 5954,
SECOND ENGROSSED SENATE BILL NO. 6001,
SUBSTITUTE SENATE BILL NO. 6037,
SECOND SUBSTITUTE SENATE BILL NO. 6080,
ENGROSSED SENATE BILL NO. 6232,
SUBSTITUTE SENATE BILL NO. 6233,
SUBSTITUTE SENATE BILL NO. 6351,
SUBSTITUTE SENATE BILL NO. 6439, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 13, 2002
MR. PRESIDENT:
The Speaker has signed.
SUBSTITUTE HOUSE BILL NO. 1079,
SUBSTITUTE HOUSE BILL NO. 1268,
SUBSTITUTE HOUSE BILL NO. 1759,
SUBSTITUTE HOUSE BILL NO. 2060,
SUBSTITUTE HOUSE BILL NO. 2309,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2323,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2325,
HOUSE BILL NO. 2332,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2376,
SUBSTITUTE HOUSE BILL NO. 2379,
SUBSTITUTE HOUSE BILL NO. 2382,
HOUSE BILL NO. 2386,
HOUSE BILL NO. 2421,
SUBSTITUTE HOUSE BILL NO. 2432,
SUBSTITUTE HOUSE BILL NO. 2446,
SUBSTITUTE HOUSE BILL NO. 2456,
SUBSTITUTE HOUSE BILL NO. 2468,
HOUSE BILL NO. 2501,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2522,
SUBSTITUTE HOUSE BILL NO. 2610,
ENGROSSED HOUSE BILL NO. 2655,
HOUSE BILL NO. 2672,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2707,
HOUSE BILL NO. 2732,
ENGROSSED HOUSE BILL NO. 2773,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2866,
SUBSTITUTE HOUSE BILL NO. 2874,
HOUSE BILL NO. 2907,
ENGROSSED HOUSE BILL NO. 2918, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 13, 2002
MR. PRESIDENT:
The Speaker has signed.
SUBSTITUTE HOUSE BILL NO. 1166,
SUBSTITUTE HOUSE BILL NO. 1189,
SUBSTITUTE HOUSE BILL NO. 1395,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1411,
SUBSTITUTE HOUSE BILL NO. 1521,
HOUSE BILL NO. 1856,
SECOND SUBSTITUTE HOUSE BILL NO. 1938,
SUBSTITUTE HOUSE BILL NO. 2160,
SUBSTITUTE HOUSE BILL NO. 2169,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2224,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2305,
SECOND SUBSTITUTE HOUSE BILL NO. 2346,
SUBSTITUTE HOUSE BILL NO. 2357,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2453,
HOUSE BILL NO. 2496,
ENGROSSED HOUSE BILL NO. 2498,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2505,
SUBSTITUTE HOUSE BILL NO. 2568,
SUBSTITUTE HOUSE BILL NO. 2589,
ENGROSSED HOUSE BILL NO. 2623,
HOUSE BILL NO. 2641,
HOUSE BILL NO. 2657,
SECOND SUBSTITUTE HOUSE BILL NO. 2663,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2688,
SUBSTITUTE HOUSE BILL NO. 2699,
SUBSTITUTE HOUSE BILL NO. 2736,
ENGROSSED HOUSE BILL NO. 2748,
SUBSTITUTE HOUSE BILL NO. 2767,
ENGROSSED HOUSE BILL NO. 2841, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 13, 2002
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following bills and passed the bills as amended by the Senate:
HOUSE BILL NO. 2380,
SECOND SUBSTITUTE HOUSE BILL NO. 2403,
HOUSE BILL NO. 2444,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2671,
SECOND SUBSTITUTE HOUSE BILL NO. 2867,
HOUSE CONCURRENT RESOLUTION NO. 4427, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5082,
SUBSTITUTE SENATE BILL NO. 6814,
SUBSTITUTE SENATE BILL NO. 6823,
SENATE BILL NO. 6828,
SENATE BILL NO. 6832,
SUBSTITUTE SENATE BILL NO. 6833.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1079,
SUBSTITUTE HOUSE BILL NO. 1268,
SUBSTITUTE HOUSE BILL NO. 1759,
SUBSTITUTE HOUSE BILL NO. 2060,
SUBSTITUTE HOUSE BILL NO. 2309,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2323,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2325,
HOUSE BILL NO. 2332,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2376,
SUBSTITUTE HOUSE BILL NO. 2379,
SUBSTITUTE HOUSE BILL NO. 2382,
HOUSE BILL NO. 2386,
HOUSE BILL NO. 2421,
SUBSTITUTE HOUSE BILL NO. 2432,
SUBSTITUTE HOUSE BILL NO. 2446,
SUBSTITUTE HOUSE BILL NO. 2456,
SUBSTITUTE HOUSE BILL NO. 2468,
HOUSE BILL NO. 2501,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2522,
SUBSTITUTE HOUSE BILL NO. 2610,
ENGROSSED HOUSE BILL NO. 2655,
HOUSE BILL NO. 2672,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2707,
HOUSE BILL NO. 2732,
ENGROSSED HOUSE BILL NO. 2773,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2866,
SUBSTITUTE HOUSE BILL NO. 2874,
HOUSE BILL NO. 2907,
ENGROSSED HOUSE BILL NO. 2918.
. SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1166,
SUBSTITUTE HOUSE BILL NO. 1189,
SUBSTITUTE HOUSE BILL NO. 1395,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1411,
SUBSTITUTE HOUSE BILL NO. 1521,
HOUSE BILL NO. 1856,
SECOND SUBSTITUTE HOUSE BILL NO. 1938,
SUBSTITUTE HOUSE BILL NO. 2160,
SUBSTITUTE HOUSE BILL NO. 2169,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2224,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2305,
SECOND SUBSTITUTE HOUSE BILL NO. 2346,
SUBSTITUTE HOUSE BILL NO. 2357,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2453,
HOUSE BILL NO. 2496,
ENGROSSED HOUSE BILL NO. 2498,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2505,
SUBSTITUTE HOUSE BILL NO. 2568,
SUBSTITUTE HOUSE BILL NO. 2589,
ENGROSSED HOUSE BILL NO. 2623,
HOUSE BILL NO. 2641,
HOUSE BILL NO. 2657,
SECOND SUBSTITUTE HOUSE BILL NO. 2663,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2688,
SUBSTITUTE HOUSE BILL NO. 2699,
SUBSTITUTE HOUSE BILL NO. 2736,
ENGROSSED HOUSE BILL NO. 2748,
SUBSTITUTE HOUSE BILL NO. 2767,
ENGROSSED HOUSE BILL NO. 2841.
MESSAGE FROM THE HOUSE
March 13, 2002
MR. PRESIDENT:
The House has passed ENGROSSED HOUSE Bill No. 2451, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
MESSAGE FROM THE HOUSE
March 13, 2002
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE HOUSE BILL NO. 2573, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
INTRODUCTION AND FIRST READING OF HOUSE BILLS
ESHB 2451 By House Committee on Transportation (originally sponsored by Representatives Fisher, Chase and Ogden (by request of Governor Locke)
Making supplemental transportation appropriations.
EHB 2573 By Representatives Schual-Berke, Wood, Doumit, Hunt, Murray, Haigh, Kagi, Berkey, Sullivan, Fisher, Lovick, Jackley, Cooper, Simpson and McDermott
Funding traffic safety education.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, Engrossed Substitute House Bill No. 2451 and House Bill No. 2573 were advanced to second reading and placed on the second reading calendar.
MOTION
On motion of Senator Eide, Senate Rule 20 was suspended for the remainder of the day.
EDITOR’S NOTE: Rule 20 states: ‘The senate shall consider no more than one floor resolution per day in session: Provided, that this rule shall not apply to floor resolutions essential to the operation of the senate; and further Provided, that there shall be no limit on the number of floor resolutions considered on Senate pro forma session days. Senate floor resolutions shall be acted upon in the same manner as motions. All senate floor resolutions shall be on the secretary’s desk at least twenty-four hours prior to consideration.’
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Snyder, Gubernatorial Appointment No. 9213, Ronald D. Ozmont, as a member of the Fish and Wildlife Commission, was confirmed.
APPOINTMENT OF RONALD D. OZMENT
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 1; Excused, 5.
Voting yea: Senators Benton, Carlson, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Zarelli - 43.
Absent: Senator Costa - 1.
Excused: Senators Brown, Finkbeiner, Poulsen, Stevens and Winsley - 5.
MOTION
On motion of Senator Eide, Senator Costa was excused.
MOTION
On motion of Senator Regala, Gubernatorial Appointment No. 9169, Janis Gall-Martin, as a member of the Sentencing Guidelines Commission, was confirmed.
APPOINTMENT OF JANIS GALL-MARTIN
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.
Voting yea: Senators Benton, Brown, Carlson, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Zarelli - 45.
Excused: Senators Costa, Poulsen, Stevens and Winsley - 4.
MOTION
On motion of Senator Fraser, Gubernatorial Appointment No. 9214, Amy C. Solomon, as a member of the Executive Board, Washington Public Power Supply System Executive Board of Directors, was confirmed.
APPOINTMENT OF AMY C. SOLOMON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hochstatter, Honeyford, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Zarelli - 44.
Absent: Senators Hewitt and Johnson - 2.
Excused: Senators Costa, Stevens and Winsley - 3.
MOTION
On motion of Senator Eide, Senator Kastama was excused.
MOTION
On motion of Senator Gardner, Gubernatorial Appointment No. 9223, Ron Serpas, as Chief of the Washington State Patrol, was confirmed.
Senators Gardner, Haugen, Oke and Kline spoke to the confirmation of Ron Serpas as Chief of the Washington State Patrol.
APPOINTMENT OF RON SERPAS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 2; Excused, 4.
Voting yea: Senators Benton, Carlson, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Zarelli - 43.
Absent: Senators Brown and Poulsen - 2.
Excused: Senators Costa, Kastama, Stevens and Winsley - 4.
MOTIONS
On motion of Senator Kastama, Senators Brown and Eide were excused.
On motion of Senator Hewitt, Senator Deccio was excused.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
March 13, 2002
MR. PRESIDENT:
The House has passed THIRD SUBSTITUTE SENATE BILL NO. 5514 with the following amendment(s):
On page 7, after line 18, insert the following:
"Sec. 5. RCW 35.21.280 and 1999 c 165 s 19 are each amended to read as follows:
(1) Every city and town may levy and fix a tax of not more than one cent on twenty cents or fraction thereof to be paid by the person who pays an admission charge to any place: PROVIDED, No city or town shall impose such tax on persons paying an admission to any activity of any elementary or secondary school or any public facility of a public facility district under chapter 35.57 or 36.100 RCW for which a tax is imposed under RCW 35.57.100 or 36.100.210((. This)), except the city or town may impose a tax on persons paying an admission to any activity of such public facility if the city or town uses the admission tax revenue it collects on the admission charges to that public facility for the construction, operation, maintenance, repair, replacement, or enhancement of that public facility or to develop, support, operate, or enhance programs in that public facility.
(2) Tax authorization under this section includes a tax on persons who are admitted free of charge or at reduced rates to any place for which other persons pay a charge or a regular higher charge for the same privileges or accommodations. A city that is located in a county with a population of one million or more may not levy a tax on events in stadia constructed on or after January 1, 1995, that are owned by a public facilities district under chapter 36.100 RCW and that have seating capacities over forty thousand. The city or town may require anyone who receives payment for an admission charge to collect and remit the tax to the city or town.
(3) The term "admission charge" includes:
(((1))) (a) A charge made for season tickets or subscriptions;
(((2))) (b) A cover charge, or a charge made for use of seats and tables reserved or otherwise, and other similar accommodations;
(((3))) (c) A charge made for food and refreshment in any place where free entertainment, recreation or amusement is provided;
(((4))) (d) A charge made for rental or use of equipment or facilities for purposes of recreation or amusement; if the rental of the equipment or facilities is necessary to the enjoyment of a privilege for which a general admission is charged, the combined charges shall be considered as the admission charge;
(((5))) (e) Automobile parking charges if the amount of the charge is determined according to the number of passengers in the automobile."
Correct the title., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
MOTION
On motion of Senator Spanel, the Senate concurred in the House amendment to Third Substitute Senate Bill No. 5514.
The President declared the question before the Senate to be the roll call on the final passage of Third Substitute Senate Bill No. 5514, as amended by the House
ROLL CALL
The Secretary called the roll on the final passage of Third Substitute Senate Bill No. 5514, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 34; Nays, 10; Absent, 0; Excused, 5.
Voting yea: Senators Carlson, Costa, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Oke, Parlette, Prentice, Rasmussen, Regala, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Swecker, Thibaudeau and West - 34.
Voting nay: Senators Benton, Hochstatter, Honeyford, Johnson, McDonald, Morton, Poulsen, Roach, Rossi and Zarelli - 10.
Excused: Senators Brown, Deccio, Eide, Stevens and Winsley - 5.
THIRD SUBSTITUTE SENATE BILL NO. 5514, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
March 13, 2002
MR. PRESIDENT:
The House has passed SENATE BILL NO. 6591 with the following amendment(s):
On page 4, after line 26, insert the following:
"NEW SECTION. Sec. 5. A new section is added to chapter 82.26 RCW to read as follows:
(1) The department shall by rule establish the invoice detail required under RCW 82.26.060 for a distributor under RCW 82.26.010(3)(d) and for those invoices required to be provided to retailers under RCW 82.26.070.
(2) If a retailer fails to keep invoices as required under chapter 82.32 RCW, the retailer is liable for the tax owed on any uninvoiced tobacco products but not penalties and interest, except as provided in subsection (3) of this section.
(3) If the department finds that the nonpayment of tax by the retailer was willful or if in the case of a second or plural nonpayment of tax by the retailer, penalties and interest shall be assessed in accordance with chapter 82.32 RCW."
Renumber the remaining section consecutively, correct any internal references accordingly, and correct the title., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
MOTION
On motion of Senator Prentice, the Senate concurred in the House amendments to Senate Bill No. 6591.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6591, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6591, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 1; Absent, 0; Excused, 4.
Voting yea: Senators Carlson, Costa, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West and Zarelli - 44.
Voting nay: Senator Benton - 1.
Excused: Senators Brown, Deccio, Eide and Winsley - 4.
SENATE BILL NO. 6591, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Gardner, Gubernatorial Appointment No. 9162, Lois Clement, as a member of the Public Disclosure Commission, was confirmed.
APPOINTMENT OF LOIS CLEMENT
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 41; Nays, 0; Absent, 4; Excused, 4.
Voting yea: Senators Benton, Carlson, Costa, Fairley, Finkbeiner, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau and Zarelli - 41.
Absent: Senators Franklin, Haugen, Rossi and West - 4.
Excused: Senators Brown, Deccio, Eide and Winsley - 4.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator McAuliffe, the following resolution was adopted:
SENATE RESOLUTION 8777
By Senators McAuliffe, Roach, Johnson, Long, Honeyford, Hewitt, Fraser, Rasmussen and Spanel
WHEREAS, Providing all Washington State children a public education is the paramount duty of the state; and
WHEREAS, It is impossible to provide our children a quality public education if they cannot get to school, if they are hungry during the school day, or if the schools they arrive at are neglected, cold and unsafe; and
WHEREAS, Classified employees are the bus drivers who safely transport, in sometimes dangerous road conditions, more than 463,105 students each day in 8,874 busses over 465,000 miles; the child nutrition employees who provide lunches for more than 459,000 students each day; the custodian, maintenance, and security employees who ensure that the 2,071 school buildings where our children receive their education are functional, warm, clean, and safe; and
WHEREAS, Classified employees are the secretaries who make sure that all parents, staff, and most importantly, all children receive the necessary support and services while at the same time provide love and attention to each student’s special needs, even if all that is needed is a Band-Aid, a friendly ear or reminder; and
WHEREAS, Classified employees are the instructional assistants who are increasingly depended upon to provide individual attention to students in the classroom to ensure they meet the higher academic standards, as well as provide such specialized services as nursing and interpreting for deaf and disabled children and students who speak other languages; and
WHEREAS, Classified employees are normally the first employees called upon when there is a threat to our children’s safety and security; and
WHEREAS, It is necessary to employ more than 50,000 classified employees to provide these essential support services to the nearly one million students receiving public education; and
WHEREAS, Washington State students have had their education significantly enhanced by the services of classified school employees; and
WHEREAS, Washington State citizens seldom reflect on the critical role classified employees play in providing our children a quality education.
NOW, THEREFORE BE IT RESOLVED, That the Washington State Senate honors classified school employees during Classified School Employee Week, March 11 through 15, 2002, and urges all citizens to join in honoring and recognizing the dedication and hard work of all classified school employees; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Public School Employees of Washington.
Senators McAuliffe, Johnson, Rasmussen and Shin spoke to Senate Resolution 8777.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced members of the Classified Employees, who were seated in the gallery.
President Pro Tempore Franklin assumed the Chair.
MOTION
On motion of Senator McCaslin, the following resolution was adopted:
SENATE RESOLUTION 8791
By Senators McCaslin and Sheahan
WHEREAS, The Washington State Senate supports excellence in all fields of human endeavor; and
WHEREAS, The members of the Central Valley High School girls’ basketball team have exhibited outstanding athletic skill and teamwork by winning the Class 4A state championship for the second year in a row, completing a record thirty-three straight wins; and
WHEREAS, the Lady Bears, undefeated in the regular season with a record of 29-0, routed their final opponent at the state championships in an intense 61-43 victory; and
WHEREAS, Lady Bear Emily Westerberg garnered an amazing eighteen points, and fifteen rebounds and was selected for the All-State first team, and Lady Bear Katie Rodgers, named to the All-State second team, scored an outstanding ten points in the championship game; and
WHEREAS, Lady Bears Alexis Kirk, Felice Moore, Jayme Heinen, Lindsay Whitley, Caitlin Courchaine, Joy Rowe, Brittany Baynes, Kimberley Rasmussen, Nikki Larson and Bryeanne Putney all played critical roles in helping the team secure it’s second straight state title; and
WHEREAS, The Central Valley girls’ basketball team benefitted from the leadership and support of Activities Director Matt Elisara, Coach Dale Poffenroth, and Assistant Coaches Judy Walters, Freddie Rehkow and Patricia Jarvas in their bid for athletic excellence; and
WHEREAS, these young women demonstrate that the value of trust, teamwork and discipline cannot be overstated and is critical to all we strive to accomplish in life;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor and congratulate the 2001-2002 Central Valley High School girls’ basketball team for its tremendous hard work, dedication to excellence, and commitment to each other in achieving recognition as state champions; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to the principal of Central Valley High School, the coaching staff of the 2001-2002 girls Class 4A basketball team, and to Central Valley State 4A basketball champions Alixus Kirk, Felice Moore, Jayme Heinen, Lindsay Whitley, Kaitlin Courchaine, Joy Row, Brittany Baynes, Nikki Larson, Emily Westerberg, Kimberley Rasmussen, Katie Rodgers and Bryeanne Putney.
Senators McCaslin and Sheahan spoke to Senate Resolution 8791.
President Owen assumed the Chair.
MOTION
On motion of Senator Eide, the following resolution was adopted:
SENATE RESOLUTION 8761
By Senators Eide, Keiser, Benton, Brown, Carlson, Costa, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli
WHEREAS, U.S. Olympic Speed Skater Apolo Anton Ohno won the Gold Medal in the Men’s 1,500 meter Short Track Speed Skating and the Silver Medal in the 500 Meter Short Track Speed Skating during the 2002 Winter Olympics; and
WHEREAS, Apolo Ohno’s path winds through Federal Way where he grew up in the Colonial Forest neighborhood. At the age of six, he started skating at Pattison’s West Skating Center and was soon racing as an in-line skater. By the time he was in his early teens, he crossed over to speed skating and was winning at the national level; and
WHEREAS, He attended Nautilus Elementary School as a student in the Gifted and Talented Education program. Ohno attended Saghalie Junior High for the seventh grade and was in the honors program. He also attended the Federal Way Internet Academy; and
WHEREAS, Neighbors described Ohno as a private, courteous and polite young man. Others said he always had a flair, a little on the edge or that he was real competitive and real driven; and
WHEREAS, Apolo Ohno left Federal Way at age fourteen to attend the Olympic Training Center in Lake Placid, New York; and
WHEREAS, Sports Illustrated featured Ohno on the cover of the February 4, 2002, magazine calling him faster on ice than a penguin with a rocket strapped to its back but he takes the corners better;
NOW, THEREFORE, BE IT RESOLVED, That the members of the Washington State Senate honor and celebrate the Olympic achievements of Apolo Anton Ohno whose dedication, professionalism, and athletic excellence have made Washington and America proud.
Senators Eide, Oke, Keiser, Shin and Jacobsen spoke to Senate Resolution 8761
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Apolo Ohno and his father, Yuki Ohno, who were seated on the rostrum.
With permission of the Senate, business was suspended to permit Apolo Ohno and Yuki Ohno to address the Senate.
There being no objection, the President reverted the Senate to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Jacobsen, Gubernatorial Appointment No. 9192, Russ Cahill, as a member of the Fish and Wildlife Commission, was confirmed.
Senators Jacobsen and Oke spoke to the confirmation of Russ Cahill as a member of the Fish and Wildlife Commission.
APPOINTMENT OF RUSS CAHILL
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 1; Absent, 3; Excused, 2.
Voting yea: Senators Brown, Carlson, Costa, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 43.
Voting nay: Senator Honeyford - 1.
Absent: Senators Benton, Fairley and Poulsen - 3.
Excused: Senators Deccio and Eide - 2.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
March 13, 2002
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6387 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"PART I
GENERAL GOVERNMENT
Sec. 101. 2001 2nd sp.s. c 7 s 101 (uncodified) is amended to read as follows:
FOR THE HOUSE OF REPRESENTATIVES
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 28,313,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((28,497,000))
27,072,000
Department of Retirement Systems Expense Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 45,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((56,855,000))
55,430,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $25,000 of the general fund--state appropriation is provided solely for allocation to Project Citizen, a program of the national conference of state legislatures to promote student civic involvement.
(2) $15,000 of the general fund--state appropriation for fiscal year 2002 is provided for the legislature to continue the services of expert counsel on legal and policy issues relating to services for persons with developmental disabilities.
Sec. 102. 2001 2nd sp.s. c 7 s 102 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 22,863,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((23,999,000))
22,799,000
Department of Retirement Systems Expense Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 45,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((46,907,000))
45,707,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $25,000 of the general fund--state appropriation is provided solely for allocation to Project Citizen, a program of the national conference of state legislatures to promote student civic involvement.
(2) $15,000 of the general fund--state appropriation for fiscal year 2002 is provided for the legislature to continue the services of expert counsel on legal and policy issues relating to services for persons with developmental disabilities.
Sec. 103. 2001 2nd sp.s. c 7 s 103 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ ((2,436,000))
2,131,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((1,938,000))
2,150,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((4,374,000))
4,281,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($150,000 of the general fund--state appropriation for fiscal year 2002 and $75,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the joint legislative audit and review committee to conduct an evaluation of the client outcomes of the high school transition program operated by the department of social and health services division of developmental disabilities. The study shall identify the different approaches that have been used in providing transition services and whether some approaches are more or less successful in helping young adults with developmental disabilities achieve greater levels of independence. The study shall evaluate how transition programs reduce the level of support provided to clients as they achieve greater levels of independence, and shall be submitted to the appropriate committees of the legislature by December 1, 2002.)) $130,000 of the general fund--state appropriation for fiscal year 2002 and $470,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for conducting a performance audit of the department of social and health services division of developmental disabilities. The audit shall determine whether the division has complied with significant laws and regulations applicable to the program and evaluate the adequacy of management processes for measuring, reporting, and monitoring program effectiveness, economy, and efficiency.
(a) Special emphasis shall be placed on how the division:
(i) Determines and monitors eligibility;
(ii) Determines what types and levels of services are to be provided;
(iii) Determines that clients are receiving services;
(iv) Tracks client progress and evaluates the benefits of services being provided;
(v) Enforces the terms of its contracts with providers; and
(vi) Determines it is doing an efficient and effective job of meeting its legislative mandates.
(b) The audit shall also include a comparison among the division of developmental disabilities and other program areas in the department of social and health services that deliver similar client services. This comparison shall cover eligibility assessment, functional needs assessment, service requirements assessment, and the linkage between assessed client needs and the agency services authorized and delivered.
(c) The committee shall make recommendations, as appropriate, for the improvement of services and system performance. The committee may contract for consulting services in conducting the study. Interim findings shall be submitted to the fiscal committees of the legislature by December 1, 2002. The final report shall be submitted to the legislature no later than June 30, 2003.
(2) $50,000 of the general fund--state appropriation for fiscal year 2002 is provided solely for the joint legislative audit and review committee to conduct a capacity planning study of the capital facilities of the state school for the deaf. The committee's study shall be carried out in conjunction with the study of educational service delivery models conducted by the state institute for public policy. The study shall be submitted to the fiscal committees of the legislature by September 30, 2002.
(3) (($35,000 of the general fund--state appropriation for fiscal year 2002 is provided solely for)) The joint legislative audit and review committee ((to)) shall conduct a review of water conservancy boards. The review shall include an assessment of the operating costs of existing boards; the sources of funding for board operations; sources of in-kind support for board operations; assessment of the value of water rights subject to change or transfer decisions; the range of costs of processing water right transfer applications by the boards as well as by the department of ecology for applications filed directly with the department; the costs to the department of training, assistance, and review of board recommendations on applications; board membership and board recordkeeping; and public participation procedures for both the water conservancy boards and the department of ecology. The committee shall submit its review by ((January 1, 2003)) December 1, 2004, to the appropriate policy and fiscal committees of the legislature.
(4) $40,000 of the general fund--state appropriation for fiscal year 2002 is provided solely for a follow-up review to report number 98-3, the performance audit of the department of corrections. The follow-up study shall include but not be limited to a review of:
(a) Community supervision activities performed by the department;
(b) The implementation of risk-based classification and community placement models;
(c) The early implementation of the offender accountability act; and
(d) The cost impacts of the risk-based models and the offender accountability act.
The committee shall consult with the Washington state institute for public policy regarding data and findings from the institute's current studies on these issues. A report of the follow-up study shall be submitted to the relevant policy and fiscal committees of the legislature by December 21, 2001. Upon the completion of the follow-up review, the committee shall make a determination whether an additional phase of study is needed. If further study is indicated, the committee shall submit to the relevant policy and fiscal committees of the legislature its plan and cost estimate for such study by March 29, 2002.
(5) $140,000 of the general fund--state appropriation for fiscal year 2002 is provided for a study of children's mental health in Washington. The study shall include but not be limited to:
(a) A review of plans and services for children, including those for early periodic screening, diagnosis, and treatment;
(b) A review of the implementation of the plans;
(c) A review of the availability and reliability of fiscal, program, and outcome data relating to mental health services provided to children; and
(d) A survey of mental health services for children among the state's regional support networks.
The committee shall make recommendations, as appropriate, for the improvement of services and system performance, including the need for performance and client outcome measures. The committee may contract for consulting services in conducting the study. The committee shall submit a report to the appropriate policy and fiscal committees of the legislature by July 1, 2002.
(6) Within the amounts provided in this section, the joint legislative audit and review committee shall conduct a study of the Washington management service. The study shall include findings regarding (a) growth in the number of positions in the Washington management service, (b) growth in salary levels and structure since the Washington management service's inception, and (c) other compensation practices used within the Washington management service. The department of personnel shall cooperate with the committee in conducting the study and provide information as requested by the committee. The committee shall provide a report to the fiscal committees of the legislature by December 31, 2001.
(7) Within the amounts provided in this section, the joint legislative audit and review committee shall review all aspects of the mental health prevalence study completed in accordance with section 204 of this act, including but not limited to the contractor selection process, if any; the study design and workplan; the implementation of the study; and the draft and final reports.
(8) The committee shall study and report on pipeline safety as provided in section 149 of this act.
Sec. 104. 2001 2nd sp.s. c 7 s 104 (uncodified) is amended to read as follows:
FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 1,329,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((1,462,000))
1,418,000
Public Works Assistance Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 203,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((2,994,000))
2,950,000
Sec. 105. 2001 2nd sp.s. c 7 s 105 (uncodified) is amended to read as follows:
Department of Retirement Systems Expense Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,923,000))
2,054,000
The appropriation in this section is subject to the following conditions and limitations: The joint committee on pension policy, in collaboration with various interested parties, shall study issues of pension governance and recommend legislation for consideration in the 2002 legislative session.
Sec. 106. 2001 2nd sp.s. c 7 s 106 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 6,421,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((7,043,000))
6,832,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((13,464,000))
13,253,000
Sec. 107. 2001 2nd sp.s. c 7 s 107 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 3,909,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((4,038,000))
3,917,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((7,947,000))
7,826,000
The appropriations in this section are subject to the following conditions and limitations: $41,000 of the general fund fiscal year 2002 appropriation and $43,000 of the general fund fiscal year 2003 appropriation are provided solely for the uniform legislation commission.
Sec. 108. 2001 2nd sp.s. c 7 s 109 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ ((5,423,000))
5,500,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((5,510,000))
5,487,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((10,933,000))
10,987,000
Sec. 109. 2001 2nd sp.s. c 7 s 110 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 1,982,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((1,983,000))
1,924,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((3,965,000))
3,906,000
Sec. 110. 2001 2nd sp.s. c 7 s 111 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ ((12,746,000))
12,894,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((12,878,000))
12,724,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((25,624,000))
25,618,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $505,000 of the general fund--state appropriation for fiscal year 2002 and $606,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for lease increases associated with the division I facility. ((Within the funds provided in this subsection, the court of appeals shall conduct a space planning study exploring options dealing with remodeling existing space to accommodate needs and evaluating the cost and benefits of moving to another location.))
(2) $168,000 of the general fund--state appropriation for fiscal year 2002 and $159,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for providing compensation adjustments to nonjudicial staff of the court of appeals. Within the funds provided in this subsection, the court of appeals shall determine the specific positions to receive compensation adjustments based on recruitment and retention difficulties, new duties or responsibilities assigned, and salary inversion or compression within the court of appeals.
Sec. 111. 2001 2nd sp.s. c 7 s 112 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 955,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((969,000))
940,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((1,924,000))
1,895,000
Sec. 112. 2001 2nd sp.s. c 7 s 113 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ ((14,247,000))
14,900,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((14,386,000))
15,388,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((29,634,000))
27,468,000
Judicial Information Systems Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 27,758,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((86,025,000))
85,514,000
The 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 administrator for the courts.
(2) 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. As required by 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 costs of these employer contributions shall be shared equally between the state and 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. During each fiscal year in the 2001-03 biennium, the office of the administrator for the courts shall send written notice to the office of community development in the department of community, trade, and economic development when each county pays its fifty percent share for the year.
(3) $223,000 of the public safety and education account appropriation is provided solely for the gender and justice commission.
(4) $308,000 of the public safety and education account appropriation is provided solely for the minority and justice commission.
(5) $278,000 of the general fund--state appropriation for fiscal year 2002, $285,000 of the general fund--state appropriation for fiscal year 2003, and $263,000 of the public safety and education account appropriation are provided solely for the workload associated with tax warrants and other state cases filed in Thurston county.
(6) $750,000 of the general fund--state appropriation for fiscal year 2002 and $750,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for court-appointed special advocates in dependency matters. The administrator for the courts, after consulting with the association of juvenile court administrators and the association of court-appointed special advocate/guardian ad litem programs, shall distribute the funds to volunteer court-appointed special advocate/guardian ad litem programs. The distribution of funding shall be based on the number of children who need volunteer court-appointed special advocate representation and shall be equally accessible to all volunteer court-appointed special advocate/guardian ad litem programs. The administrator for the courts shall not retain more than six percent of total funding to cover administrative or any other agency costs.
(7) $750,000 of the public safety and education account--state appropriation is provided solely for judicial program enhancements. Within the funding provided in this subsection, the administrator for the courts, in consultation with the supreme court, shall determine the program or programs to receive an enhancement. Among the programs that may be funded from the amount provided in this subsection are unified family courts.
(8) (($1,618,000 of the public safety and education account--state appropriation is provided solely for increases for juror pay. The office of the administrator for the courts may contract with local governments to provide additional juror pay. The contract shall provide that the local government is responsible for the first ten dollars of juror compensation for each day or partial day of jury service, and the state shall reimburse the local government for any additional compensation, excluding the first day, up to a maximum of fifteen dollars per day.)) $1,800,000 of the judicial information systems account--state appropriation is provided solely for improvements and enhancements to the judicial information systems. This funding shall only be expended after the office of the administrator for the courts certifies to the office of financial management that there will be at least a $1,000,000 ending fund balance in the judicial information systems account at the end of the 2001-03 biennium.
Sec. 113. 2001 2nd sp.s. c 7 s 114 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 600,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ 500,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((12,626,000))
12,344,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((13,226,000))
13,444,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($233,000)) $204,000 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.
(2) $51,000 of the public safety and education account appropriation is provided solely for the implementation of chapter 303, Laws of 1999 (court funding).
(3) Amounts provided from the public safety and education account appropriation in this section include funding for investigative services in death penalty personal restraint petitions.
(4) The ((entire)) general fund--state appropriations ((is)) are provided solely for the continuation of a dependency and termination legal representation funding pilot program.
(a) The goal of the pilot program shall be to enhance the quality of legal representation in dependency and termination hearings, thereby reducing the number of continuances requested by contract attorneys, including those based on the unavailability of defense counsel. To meet the goal, the pilot shall include the following components:
(i) A maximum caseload requirement of 90 dependency and termination cases per full-time attorney;
(ii) Implementation of enhanced defense attorney practice standards, including but not limited to those related to reasonable case preparation and the delivery of adequate client advice, as developed by Washington state public defense attorneys and included in the office of public defense December 1999 report Costs of Defense and Children's Representation in Dependency and Termination Hearings;
(iii) Use of investigative and expert services in appropriate cases; and
(iv) Effective implementation of indigency screening of all dependency and termination parents, guardians, and legal custodians represented by appointed counsel.
(b) The pilot program shall be established in one eastern and one western Washington juvenile court.
(c) The director shall contract for an independent evaluation of the pilot program benefits and costs. A final evaluation shall be submitted to the governor and the fiscal committees of the legislature no later than February 1, 2002.
(d) The chair of the office of public defense advisory committee shall appoint an implementation committee to:
(i) Develop criteria for a statewide program to improve dependency and termination defense;
(ii) Examine caseload impacts to the courts resulting from improved defense practices; and
(iii) Identify methods for the efficient use of expert services and means by which parents may effectively access services.
If sufficient funds are available, the office of public defense shall contract with the Washington state institute for public policy to research how reducing dependency and termination case delays affects foster care and to identify factors that are reducing the number of family reunifications that occur in dependency and termination cases.
(5) $50,000 of the public safety and education account--state appropriation is provided solely for the evaluation required in chapter 92, Laws of 2000 (DNA testing).
(6) $235,000 of the public safety and education account--state appropriation is provided solely for the office of public defense to contract with an existing public defender association to establish a capital defense assistance center.
Sec. 114. 2001 2nd sp.s. c 7 s 115 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ ((4,537,000))
4,497,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((4,524,000))
4,028,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 219,000
Water Quality Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,908,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((13,188,000))
12,652,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $3,908,000 of the water quality account appropriation and $219,000 of the general fund--federal appropriation are provided solely for the Puget Sound water quality action team to implement the Puget Sound work plan and agency action items PSAT-01 through PSAT-05.
(2) $100,000 of the general fund--state appropriation for fiscal year 2002 ((and $100,000 of the general fund--state appropriation for fiscal year 2003 are)) is provided solely for the salmon recovery office to support the efforts of the independent science panel.
Sec. 115. 2001 2nd sp.s. c 7 s 116 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 449,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((451,000))
428,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((900,000))
877,000
Sec. 116. 2001 2nd sp.s. c 7 s 117 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 1,910,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((1,903,000))
1,846,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((3,813,000))
3,756,000
Sec. 117. 2001 2nd sp.s. c 7 s 118 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ ((10,513,000))
10,485,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((8,707,000))
6,446,000
Archives and Records Management Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((7,295,000))
7,877,000
Archives and Records Management Account--Private/
Local Appropriation. .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((3,860,000))
4,572,000
Department of Personnel Service Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((719,000))
701,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((31,094,000))
30,081,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($2,296,000)) $2,126,000 of the general fund--state appropriation for fiscal year 2002 is provided solely to reimburse counties for the state's share of primary and general election costs and the costs of conducting mandatory recounts on state measures. Counties shall be reimbursed only for those odd-year election costs that the secretary of state validates as eligible for reimbursement.
(2) (($2,193,000)) $2,143,000 of the general fund--state appropriation for fiscal year 2002 and (($2,712,000)) $2,578,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the verification of initiative and referendum petitions, maintenance of related voter registration records, and the publication and distribution of the voters and candidates pamphlet.
(3) $125,000 of the general fund--state appropriation for fiscal year 2002 and (($125,000)) $118,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for legal advertising of state measures under RCW 29.27.072.
(4)(a) $1,944,004 of the general fund--state appropriation for fiscal year 2002 and $1,986,772 of the general fund--state appropriation for fiscal year 2003 are provided solely for contracting with a nonprofit organization to produce gavel-to-gavel television coverage of state government deliberations and other events of statewide significance during the 2001-2003 biennium. An eligible nonprofit organization must be formed solely for the purpose of, and be experienced in, providing gavel-to-gavel television coverage of state government deliberations and other events of statewide significance and must have received a determination of tax-exempt status under section 501(c)(3) of the federal internal revenue code. The funding level for each year of the contract shall be based on the amount provided in this subsection and adjusted to reflect the implicit price deflator for the previous year. The nonprofit organization shall be required to raise contributions or commitments to make contributions, in cash or in kind, in an amount equal to forty percent of the state contribution. The office of the secretary of state may make full or partial payment once all criteria in (a) and (b) of this subsection have been satisfactorily documented.
(b) The legislature finds that the commitment of on-going funding is necessary to ensure continuous, autonomous, and independent coverage of public affairs. For that purpose, the secretary of state shall enter into a four-year contract with the nonprofit organization to provide public affairs coverage through June 30, 2006.
(c) The nonprofit organization shall prepare an annual independent audit, an annual financial statement, and an annual report, including benchmarks that measure the success of the nonprofit organization in meeting the intent of the program.
(d) No portion of any amounts disbursed pursuant to this subsection may be used, directly or indirectly, for any of the following purposes:
(i) Attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, by any county, city, town, or other political subdivision of the state of Washington, or by the congress, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency;
(ii) Making contributions reportable under chapter 42.17 RCW; or
(iii) Providing any: (A) Gift; (B) honoraria; or (C) travel, lodging, meals, or entertainment to a public officer or employee.
(5)(a) $149,316 of the archives and records management--state appropriation and $597,266 of the archives and records management--private/local appropriation are provided solely for the construction of an eastern regional archives. The amounts provided in this subsection shall lapse if:
(i) The financing contract for the construction of an eastern regional archives building is not authorized in the capital budget for the 2001-03 fiscal biennium; or
(ii) Substitute House Bill No. 1926 (increasing the surcharge on county auditor recording fees) is not enacted by July 31, 2001.
(b) (($613,879)) $566,879 of the archives and records management--state appropriation and (($463,102)) $451,102 of the archives and records management--private/local appropriation are provided solely for the design and establishment of an electronic data archive, including the acquisition of hardware and software. The amounts provided in this subsection shall lapse if:
(i) The financing contract for acquisition of technology hardware and software for the electronic data archive is not authorized in the capital budget for the 2001-03 fiscal biennium; or
(ii) Substitute House Bill No. 1926 (increasing the surcharge on county auditor recording fees) is not enacted by June 30, 2001.
(6) If the financing contract for expansion of the state records center is not authorized in the capital budget for fiscal biennium 2001-03, then $641,000 of the archives and records management account--state appropriation shall lapse.
(7) (($867,000)) $1,635,000 of the archives and records management account--state appropriation is provided solely for operation of the central microfilming bureau under RCW 40.14.020(8).
Sec. 118. 2001 2nd sp.s. c 7 s 119 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 269,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((282,000))
274,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((551,000))
543,000
Sec. 119. 2001 2nd sp.s. c 7 s 120 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 233,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((233,000))
201,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((466,000))
434,000
Sec. 120. 2001 2nd sp.s. c 7 s 123 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ ((1,078,000))
901,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((1,324,000))
1,051,000
State Auditing Services Revolving Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((13,540,000))
13,193,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((15,942,000))
15,145,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Audits of school districts by the division of municipal corporations shall include findings regarding the accuracy of: (a) Student enrollment data; and (b) the experience and education of the district's certified instructional staff, as reported to the superintendent of public instruction for allocation of state funding.
(2) (($910,000)) $901,000 of the general fund--state appropriation for fiscal year 2002 and (($910,000)) $901,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for staff and related costs to verify the accuracy of reported school district data submitted for state funding purposes; conduct school district program audits of state funded public school programs; establish the specific amount of state funding adjustments whenever audit exceptions occur and the amount is not firmly established in the course of regular public school audits; and to assist the state special education safety net committee when requested.
(3) $150,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for the state auditor to contract for an objective and systematic performance audit of state claims benefits administration.
(a) The independent contractor shall use generally accepted government auditing standards. The performance audit shall include, but not be limited to, the following:
(i) Validity and reliability of management's performance measures;
(ii) A review of internal controls and internal audits;
(iii) The adequacy of systems used for measuring, reporting, and monitoring performance;
(iv) The extent to which legislative, regulatory, and organizational goals and objectives are being achieved; and
(v) Identification and recognition of best practices.
(b) The performance audit on state claims benefits shall include direct grants to clients, direct payments to providers, and workers' compensation payments. The following state agencies, at a minimum, shall be subject to audit sampling: Department of community, trade, and economic development, the employment security department, the department of labor and industries, the department of social and health services, and the Washington state health care authority. The performance audit shall indicate and grade agencies' performances in administering state claims benefits. The state auditor shall report the findings of the performance audit to the appropriate legislative committees by November 30, 2002.
Sec. 121. 2001 2nd sp.s. c 7 s 124 (uncodified) is amended to read as follows:
FOR THE CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 80,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((152,000))
147,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((232,000))
227,000
Sec. 122. 2001 2nd sp.s. c 7 s 125 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 4,811,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((4,806,000))
4,070,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 2,868,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,789,000))
1,753,000
Tobacco Prevention and Control Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 277,000
New Motor Vehicle Arbitration Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,163,000
Legal Services Revolving Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((147,306,000))
147,422,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((163,020,000))
162,364,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The attorney general shall report each fiscal year on actual legal services expenditures and actual attorney staffing levels for each agency receiving legal services. The report shall be submitted to the office of financial management and the fiscal committees of the senate and house of representatives no later than ninety days after the end of each fiscal year.
(2) The attorney general and the office of financial management shall modify the attorney general billing system to meet the needs of user agencies for greater predictability, timeliness, and explanation of how legal services are being used by the agency. The attorney general shall provide the following information each month to agencies receiving legal services: (a) The full-time equivalent attorney services provided for the month; (b) the full-time equivalent investigator services provided for the month; (c) the full-time equivalent paralegal services provided for the month; and (d) direct legal costs, such as filing and docket fees, charged to the agency for the month.
(3) Prior to entering into any negotiated settlement of a claim against the state, that exceeds five million dollars, the attorney general shall notify the director of financial management and the chairs of the senate committee on ways and means and the house of representatives committee on appropriations.
(4)(a) $87,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for the office of the attorney general to prepare a report by October 1, 2002, on federal and Indian reserved water rights, and to submit the report to the standing committees of the legislature having jurisdiction over water resources. The objectives of the report shall be to:
(i) Examine and characterize the types of water rights issues involved;
(ii) Examine the approaches of other states to such issues and their results;
(iii) Examine methods for addressing such issues including, but not limited to, administrative, judicial, or other methods, or any combinations thereof; and
(iv) Examine implementation and funding requirements.
(b) Following receipt of the report, the standing committees of the legislature having jurisdiction over water resources shall seek and consider the recommendations of the relevant departments and agencies of the United States, the federally recognized Indian tribes with water-related interests in the state, and water users in the state and shall develop recommendations.
Sec. 123. 2001 2nd sp.s. c 7 s 126 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 631,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((619,000))
600,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((1,250,000))
1,231,000
NEW SECTION. Sec. 124. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
FOR THE DEPARTMENT OF FINANCIAL INSTITUTIONS. The department of financial institutions shall reduce its fiscal year 2003 expenditures from the financial services regulation account by the amount of $357,000.
Sec. 125. 2001 2nd sp.s. c 7 s 127 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ ((71,083,500))
70,893,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((70,873,500))
60,499,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 173,342,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ 7,980,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((10,300,000))
10,094,000
Public Works Assistance Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,911,000
Salmon Recovery Account--State Appropriation.. . . . . . . .$ 1,500,000
Film and Video Promotion Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 25,000
Building Code Council Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,061,000))
1,226,000
Administrative Contingency Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,777,000
Low-Income Weatherization Assistance Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,292,000
Violence Reduction and Drug Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((6,081,000))
7,513,000
Manufactured Home Installation Training Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 256,000
Community Economic Development Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 113,000
Washington Housing Trust Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((5,597,000))
10,368,000
Public Facility Construction Loan Revolving
Account--State Appropriation. . .. . . . . . . . . . . . . . . . .$ ((550,000))
586,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((354,242,000))
351,375,000
The appropriations in this section are subject to the following conditions and limitations:
(1) It is the intent of the legislature that the department of community, trade, and economic development receive separate programmatic allotments for the office of community development and the office of trade and economic development. Any appropriation made to the department of community, trade, and economic development for carrying out the powers, functions, and duties of either office shall be credited to the appropriate office.
(2) $3,085,000 of the general fund--state appropriation for fiscal year 2002 and (($3,085,000)) $2,838,000 of the general fund--state appropriation for fiscal year 2003 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 fiscal biennium.
(3) $61,000 of the general fund--state appropriation for fiscal year 2002 and $62,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the implementation of the Puget Sound work plan and agency action item OCD-01.
(4) (($10,403,445)) $10,804,156 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 2002 as follows:
(a) $3,603,250 to local units of government to continue multijurisdictional narcotics task forces;
(b) $620,000 to the department to continue the drug prosecution assistance program in support of multijurisdictional narcotics task forces;
(c) $1,363,000 to the Washington state patrol for coordination, investigative, and supervisory support to the multijurisdictional narcotics task forces and for methamphetamine education and response;
(d) $200,000 to the department for grants to support tribal law enforcement needs;
(e) $991,000 to the department of social and health services, division of alcohol and substance abuse, for drug courts in eastern and western Washington;
(f) $302,551 to the department for training and technical assistance of public defenders representing clients with special needs;
(g) $88,000 to the department to continue a substance abuse treatment in jails program, to test the effect of treatment on future criminal behavior;
(h) $697,075 to the department to continue domestic violence legal advocacy;
(i) $903,000 to the department of social and health services, juvenile rehabilitation administration, to continue youth violence prevention and intervention projects;
(j) $60,000 to the Washington association of sheriffs and police chiefs to complete the state and local components of the national incident-based reporting system;
(k) $60,000 to the department for community-based advocacy services to victims of violent crime, other than sexual assault and domestic violence;
(l) $91,000 to the department to continue the governor's council on substance abuse;
(m) $99,000 to the department to continue evaluation of Byrne formula grant programs;
(n) (($500,469)) $901,180 to the office of financial management for criminal history records improvement; and
(o) $825,100 to the department for required grant administration, monitoring, and reporting on Byrne formula grant programs.
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 subsection. If moneys in excess of those appropriated in this subsection 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 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. As part of its budget request for the succeeding year, the department shall estimate and request authority to spend any funds remaining in reserve as a result of this subsection.
(5) (($470,000)) $320,000 of the general fund--state appropriation for fiscal year 2002 and (($470,000)) $320,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the rural economic ((development activities including $200,000 for the Washington manufacturing service, and $100,000 for business retention and expansion)) opportunity fund.
(6) $1,250,000 of the general fund--state appropriation for fiscal year 2002 and $1,250,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for grants to operate, repair, and staff shelters for homeless families with children.
(7) $2,500,000 of the general fund--state appropriation for fiscal year 2002 and $2,500,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for grants to operate transitional housing for homeless families with children. The grants may also be used to make partial payments for rental assistance.
(8) $1,250,000 of the general fund--state appropriation for fiscal year 2002 and $1,250,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for consolidated emergency assistance to homeless families with children.
(9) $205,000 of the general fund--state appropriation for fiscal year 2002 and $205,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for grants to Washington Columbia river gorge counties to implement their responsibilities under the national scenic area management plan. Of this amount, $390,000 is provided for Skamania county and $20,000 is provided for Clark county.
(10) $698,000 of the general fund--state appropriation for fiscal year 2002, $698,000 of the general fund--state appropriation for fiscal year 2003, and $1,101,000 of the administrative contingency account appropriation are provided solely for contracting with associate development organizations to maintain existing programs.
(11) $600,000 of the public safety and education account appropriation is provided solely for sexual assault prevention and treatment programs.
(12) $680,000 of the Washington housing trust account appropriation is provided solely to conduct a pilot project designed to lower infrastructure costs for residential development.
(13) $50,000 of the general fund--state appropriation for fiscal year 2002 and $50,000 of the general fund--state appropriation for fiscal year 2003 are provided to the department solely for providing technical assistance to developers of housing for farmworkers.
(14) $370,000 of the general fund--state appropriation for fiscal year 2002, $371,000 of the general fund--state appropriation for fiscal year 2003, and $25,000 of the film and video promotion account appropriation are provided solely for the film office to bring film and video production to Washington state.
(15) $22,000 of the general fund--state appropriation for fiscal year 2002 ((and $23,000 of the general fund--state appropriation for fiscal year 2003 are)) is provided solely as a matching grant to support the Washington state senior games. State funding shall be matched with at least an equal amount of private or local governmental funds.
(16) $500,000 of the general fund--state appropriation for fiscal year 2002 and $500,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for grants to food banks and food distribution centers to increase their ability to accept, store, and deliver perishable food.
(17) $230,000 of the general fund--state appropriation for fiscal year 2002, $230,000 of the general fund--state appropriation for fiscal year 2003, and the entire community economic development account appropriation are provided solely for support of the developmental disabilities endowment governing board and startup costs of the endowment program. Startup costs are a loan from the state general fund and will be repaid from funds within the program as determined by the governing board. The governing board may use state appropriations to implement a sliding-scale fee waiver for families earning below 150 percent of the state median family income. The director of the department, or the director of the subsequent department of community development, may implement fees to support the program as provided under RCW 43.330.152.
(18) $880,000 of the public safety and education account appropriation is provided solely for community-based legal advocates to assist sexual assault victims with both civil and criminal justice issues. If Senate Bill No. 5309 is not enacted by June 30, 2001, the amount provided in this subsection shall lapse.
(19) $65,000 of the general fund--state appropriation for fiscal year 2002 and $65,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for a contract with a food distribution program for communities in the southwestern portion of the state and for workers impacted by timber and salmon fishing closures and reductions. The department may not charge administrative overhead or expenses to the funds provided in this subsection.
(20) $120,000 of the general fund--state appropriation for fiscal year 2002 and $120,000 of the ((general fund--state)) Washington housing trust account appropriation for fiscal year 2003 are provided solely as one-time pass-through funding to currently licensed overnight youth shelters. If Substitute House Bill No. 2060 (low-income housing) is not enacted by June 30, 2002, the fiscal year 2003 appropriation shall be made from the state general fund.
(21) $1,868,000 of the Washington housing trust account appropriation for fiscal year 2003 is provided solely for emergency shelter assistance. If Substitute House Bill No. 2060 (low-income housing) is not enacted by June 30, 2002, the fiscal year 2003 appropriation shall be made from the state general fund.
(22) Repayments of outstanding loans granted under RCW 43.63A.600, the mortgage and rental assistance program, shall be remitted to the department, including any current revolving account balances. The department shall contract with a lender or contract collection agent to act as a collection agent of the state. The lender or contract collection agent shall collect payments on outstanding loans, and deposit them into an interest-bearing account. The funds collected shall be remitted to the department quarterly. Interest earned in the account may be retained by the lender or contract collection agent, and shall be considered a fee for processing payments on behalf of the state. Repayments of loans granted under this chapter shall be made to the lender or contract collection agent as long as the loan is outstanding, notwithstanding the repeal of the chapter.
(((22))) (23) $75,000 of the general fund--state appropriation for fiscal year 2002 ((and $75,000 of the general fund--state appropriation for fiscal year 2003 are)) is provided solely for the community connections program in Walla Walla.
(((23))) (24) $100,000 of the general fund--state appropriation for fiscal year 2002 and $100,000 of the general fund--state appropriation for fiscal year 2003 are provided to the office of community development solely for the purposes of providing assistance to industrial workers who have been displaced by energy cost-related industrial plant closures in rural counties. For purposes of this subsection, "rural county" is as defined in RCW 82.14.370(5). The office of community development shall distribute the amount in this subsection to community agencies that assist the displaced industrial workers in meeting basic needs including, but not limited to, emergency medical and dental services, family and mental health counseling, food, energy costs, mortgage, and rental costs. The department shall not retain more than two percent of the amount provided in this subsection for administrative costs.
(((24))) (25) $91,500 of the general fund--state appropriation for fiscal year 2002 and $91,500 of the general fund--state appropriation for fiscal year 2003 are provided solely for services related to the foreign representative contract for Japan.
(((25))) (26) $81,000 of the general fund--state appropriation for fiscal year 2002 ((and $81,000 of the general fund--state appropriation for fiscal year 2003 are)) is provided solely for business finance and loan programs.
(((26))) (27) $150,000 of the general fund--state appropriation for fiscal year 2002 is provided solely for the quick sites initiative program.
(((27))) (28) $120,000 of the general fund--state appropriation for fiscal year 2002 ((and $120,000 of the general fund--state appropriation for fiscal year 2003 are)) is provided solely for operating a business information hotline.
(((28))) (29) $29,000 of the general fund--state appropriation for fiscal year 2002 ((and $29,000 of the general fund--state appropriation for fiscal year 2003 are)) is provided solely for travel expenses associated with the office of trade and economic development's provision of outreach and technical assistance services to businesses and local economic development associations.
(((29))) (30) $100,000 of the general fund--state appropriation for fiscal year 2002 and $100,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for information technology enhancements designed to improve the delivery of agency services to customers.
(31) $300,000 of the general fund--state appropriation for fiscal year 2003 is provided to reimburse nonprofit associations engaged in the production and performance of musical, dance, artistic, dramatic, or literary works for the benefit of the general public for back leasehold excise taxes assessed by the department of revenue.
(32) $10,111,682 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 2003 as follows:
(a) $3,551,972 to local units of government to continue multijurisdictional narcotics task forces;
(b) $611,177 to the department to continue the drug prosecution assistance program in support of multijurisdictional narcotics task forces;
(c) $1,343,603 to the Washington state patrol for coordination, investigative, and supervisory support to the multijurisdictional narcotics task forces and for methamphetamine education and response;
(d) $197,154 to the department for grants to support tribal law enforcement needs;
(e) $976,897 to the department of social and health services, division of alcohol and substance abuse, for drug courts in eastern and western Washington;
(f) $298,246 to the department for training and technical assistance of public defenders representing clients with special needs;
(g) $687,155 to the department to continue domestic violence legal advocacy;
(h) $890,150 to the department of social and health services, juvenile rehabilitation administration, to continue youth violence prevention and intervention projects;
(i) $89,705 to the department to continue the governor's council on substance abuse;
(j) $97,591 to the department to continue evaluation of Byrne formula grant programs;
(k) $494,675 to the office of financial management for criminal history records improvement;
(l) $60,000 to the department for community-based advocacy services to victims of violent crime, other than sexual assault and domestic violence; and
(m) $813,358 to the department for required grant administration, monitoring, and reporting on Byrne formula grant programs.
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 subsection. If moneys in excess of those appropriated in this subsection 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 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. As part of its budget request for the succeeding year, the department shall estimate and request authority to spend any funds remaining in reserve as a result of this subsection.
(33) $165,000 of the building code council account appropriation for fiscal year 2003 is provided solely for the state building code council pursuant to Senate Bill No. 5352 (building code council fee increase). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
(34) $202,000 of the mobile home park relocation account appropriation for fiscal year 2003 is provided solely for the department to administer the mobile home relocation assistance program as provided by Second Substitute Senate Bill No. 5354 (mobile home relocation assistance fee). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
(35) The appropriations in this section reflect a reduction of $504,000 from the general fund--state appropriation for fiscal year 2003. To implement this reduction, the office of trade and economic development shall take actions consistent with its mission, goals, and objectives to reduce operating costs. Such action, to the greatest extent possible, shall maintain direct payments to service providers, grants to other entities, and other pass-through funds. Examples of actions that may be taken to effect this reduction include hiring freezes, employee furloughs, staffing reductions, restricted travel and training, delaying purchases of equipment, and limiting personal service contracts.
(36) $40,000 of the general fund--state appropriation for fiscal year 2003 is provided solely to implement the state task force on funding for community-based services to victims of crime as provided in Senate Bill No. 6763. If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
(37) The appropriations in this section reflect a reduction of $1,641,000 from the general fund--state appropriation for fiscal year 2003. To implement this reduction, the office of community development shall take actions consistent with its mission, goals, and objectives to reduce operating costs. Such action, to the greatest extent possible, shall maintain direct payments to service providers, grants to other entities, and other pass-through funds. Examples of actions that may be taken to effect this reduction include hiring freezes, employee furloughs, staffing reductions, restricted travel and training, delaying purchases of equipment, and limiting personal service contracts.
Sec. 126. 2001 2nd sp.s. c 7 s 128 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 512,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((514,000))
499,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((1,026,000))
1,011,000
Sec. 127. 2001 2nd sp.s. c 7 s 129 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 12,456,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((12,024,000))
12,508,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$
Violence Reduction and Drug Enforcement
Account--State Appropriation. . .. . . . . . . . . . . . . . . . .$
226,000
State Auditing Services Revolving
Account--State Appropriation. . .. . . . . . . . . . . . . . . . .$ 25,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((48,391,000))
48,872,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The office of financial management shall review policies and procedures regarding purchasing of information technology upgrades by state agencies. Information technology upgrades include replacement workstations, network equipment, operating systems and application software. The review shall document existing policies and procedures, and shall compare alternative upgrade policies that reduce the overall cost to state government for maintaining adequate information technology to meet the existing business needs of state agencies. Findings and recommendations from this review shall be reported to appropriate committees of the legislature by December 1, 2001.
(2) State agencies that provide services to other state agencies are expected to reduce their expenditures and to share the savings with their clients. The office of financial management shall achieve a reduction of $339,000 in its billings for financial system services purchased by state agencies in fiscal year 2003. The reduction is expected to result from both reduced demand for services and reduced rates.
(3) $500,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for implementation of Engrossed Second Substitute House Bill No. 2671 (permit assistance center). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
(4) $350,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for an assessment and performance scoring of state agencies and separate systemwide performance audits of two governmental functions: State capital construction practices and state contracting practices.
(a) The scorecard on state agencies shall include, but not be limited to, the following:
(i) Quality and process management practices;
(ii) Independent and internal audit functions;
(iii) Internal and external customer satisfaction;
(iv) Program effectiveness;
(v) Fiscal productivity and efficiency; and
(vi) Statutory and regulatory compliance.
Each agency shall be graded on the categories selected for the scorecard. The office of financial management shall submit the results of the performance scoring, forward recommendations for legislation to the governor and the appropriate committees of the legislature by November 30, 2002, and release the results of the performance scoring to the public.
(b)(i) The office of financial management shall conduct separate systemwide performance audits on the state's capital construction and contracting practices using generally accepted government auditing standards. Each performance audit shall include, but not be limited to, a review of the following:
(A) Validity and reliability of management's performance measures;
(B) A review of internal controls and internal audits;
(C) The adequacy of systems used for measuring, reporting, and monitoring performance;
(D) The extent to which legislative, regulatory, and organizational goals and objectives are being achieved; and
(E) Identification and recognition of best practices.
(ii) The performance audit on state capital construction practices shall include building projects, highway projects, and architectural and engineering services. The following state agencies, at a minimum, shall be subject to audit sampling: Department of transportation, department of general administration, and state higher education agencies.
(iii) The performance audit on state contracting practices shall include state agencies with sufficient activity with personal services contracts and other types of contracts to evaluate the state's contracting practices.
(iv) The office of financial management shall grade the results of the performance audits to indicate agencies' performance regarding capital construction and contracting practices. The office of financial management shall report findings from the performance audits to the governor and appropriate legislative committees by November 30, 2002.
(c) The office of financial management may contract for consulting services in completing requirements under this subsection.
Sec. 128. 2001 2nd sp.s. c 7 s 130 (uncodified) is amended to read as follows:
Administrative Hearings Revolving Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((21,938,000))
22,394,000
Sec. 129. 2001 2nd sp.s. c 7 s 131 (uncodified) is amended to read as follows:
Department of Personnel Service Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((17,297,000))
17,035,000
Higher Education Personnel Services Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,636,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((18,933,000))
18,671,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department of personnel may charge agencies through the data processing revolving account up to $561,000 in fiscal year 2002 to study the development of a new personnel and payroll system. The unexpended amount of $545,000 shall be refunded to agencies in the form of reduced agency billings in fiscal year 2003.
(2) Funding to cover ((these)) expenses under subsection (1) of this section shall be realized from agency FICA savings associated with the pretax benefits contributions plans. Funding is subject to section 902 of this act.
Sec. 130. 2001 2nd sp.s. c 7 s 132 (uncodified) is amended to read as follows:
Lottery Administrative Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((22,130,000))
21,795,000
NEW SECTION. Sec. 131. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
STATE GAMBLING COMMISSION. The state gambling commission is directed to reduce its fiscal year 2003 expenditures from the gambling revolving account by the amount of $450,000.
Sec. 132. 2001 2nd sp.s. c 7 s 133 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 226,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((234,000))
210,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((460,000))
436,000
Sec. 133. 2001 2nd sp.s. c 7 s 134 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 211,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((209,000))
207,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((420,000))
418,000
Sec. 134. 2001 2nd sp.s. c 7 s 135 (uncodified) is amended to read as follows:
Department of Personnel Service Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,679,000))
1,705,000
The appropriation in this section is subject to the following conditions and limitations: $26,000 of the department of personnel services account appropriation is provided solely for paying accrued annual and sick leave to a retired board member.
Sec. 135. 2001 2nd sp.s. c 7 s 136 (uncodified) is amended to read as follows:
Dependent Care Administrative Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 378,000
Department of Retirement Systems Expense Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((49,562,000))
49,183,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((49,940,000))
49,561,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,000,000 of the department of retirement systems expense account appropriation is provided solely for support of the information systems project known as the electronic document image management system.
(2) $120,000 of the department of retirement systems expense account appropriation is provided solely for locating inactive members entitled to retirement benefits.
(3) $117,000 of the department of retirement systems expense account appropriation is provided solely for modifications to the retirement information systems to accommodate tracking of postretirement employment on an hourly basis.
(4) $440,000 of the department of retirement systems expense account appropriation is provided solely for the implementation of Engrossed Senate Bill No. 5143 (Washington state patrol retirement systems plan 2).
(5) $6,420,000 of the department of retirement systems expense account appropriation is provided solely for the implementation of public employees' retirement system plan 3 (chapter 247, Laws of 2000).
(6) (($101,000 of the department of retirement systems expense account--state appropriation is provided solely to implement Senate Bill No. 5144 (LEOFF survivor benefit). If the bill is not enacted by July 31, 2001, the amount provided in this subsection shall lapse.
(7) $744,000 of the department of retirement systems expense account--state appropriation is provided solely to implement Second Engrossed Substitute Senate Bill No. 6166 (LEOFF restructuring). If the bill is not enacted by July 31, 2001, the amount provided in this subsection shall lapse.)) $96,000 of the department of retirement systems expense account appropriation is provided solely for the implementation of Senate Bill No. 6376 (PERS plan 3 transfer payment). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
(7) $9,000 of the department of retirement systems expense account appropriation is provided solely for the implementation of Senate Bill No. 6377 (TRS plan 1 extended school year). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
(8) $12,000 of the department of retirement systems expense account appropriation is provided solely for the implementation of Senate Bill No. 6378 (LEOFF plan 2 part-time leave of absence). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
(9) $122,000 of the department of retirement systems expense account appropriation is provided solely for the implementation of Senate Bill No. 6379 (transferring service credit to WSPRS). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
(10) $651,000 of the department of retirement systems expense account appropriation is provided solely for the implementation of Engrossed Senate Bill No. 6380 (survivor benefits). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
(11) $53,000 of the department of retirement systems expense account appropriation is provided solely for the implementation of Senate Bill No. 6381 (PERS plan 1 terminated vested). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
(12) $130,000 of the department of retirement systems expense account appropriation for fiscal year 2003 is provided solely for the implementation of House Bill No. 2896 (EMT service credit transfer). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
(13) The appropriations in this section are reduced to reflect savings resulting from a 0.01 percent reduction of the department of retirement systems administrative expense rate, effective May 1, 2002, from 0.23 to 0.22 for the remainder of the 2001-03 biennium.
Sec. 136. 2001 2nd sp.s. c 7 s 137 (uncodified) is amended to read as follows:
State Investment Board Expense Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((12,876,000))
13,461,000
Sec. 137. 2001 2nd sp.s. c 7 s 138 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ ((72,820,000))
72,823,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((72,387,000))
78,149,000
Timber Tax Distribution Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,131,000
Waste Education/Recycling/Litter Control--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 101,000
State Toxics Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 67,000
Oil Spill Administration Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14,000
Multimodal Transportation Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 109,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((150,520,000))
156,394,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $269,000 of the general fund--state appropriation for fiscal year 2002 and $49,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to establish and provide staff support to a committee on taxation to study the elasticity, equity, and adequacy of the state's tax system.
(((1))) (a) The committee shall consist of eleven members. The department shall appoint six academic scholars from the fields of economics, taxation, business administration, public administration, public policy, and other relevant disciplines as determined by the department, after consulting with the majority and minority leaders in the senate, the co-speakers in the house of representatives, the chair of the ways and means committee in the senate, and the co-chairs of the finance committee in the house of representatives. The governor and the chairs of the majority and minority caucuses in each house of the legislature shall each appoint one member to the committee. These appointments may be legislative members. The members of the committee shall either elect a voting chair from among their membership or a nonvoting chair who is not a member of the committee. Members of the committee shall serve without compensation but shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.
(((2))) (b) The purpose of the study is to determine how well the current tax system functions and how it might be changed to better serve the citizens of the state in the twenty-first century. In reviewing options for changes to the tax system, the committee shall develop multiple alternatives to the existing tax system. To the extent possible, the alternatives shall be designed to increase the harmony between the tax system of this state and the surrounding states, encourage commerce and business creation, and encourage home ownership. In developing alternatives, the committee shall examine and consider the effects of tax incentives, including exemptions, deferrals, and credits. The alternatives shall range from incremental improvements in the current tax structure to complete replacement of the tax structure. In conducting the study, the committee shall examine the tax structures of other states and review previous studies regarding tax reform in this state. In developing alternatives, the committee shall be guided by administrative simplicity, economic neutrality, fairness, stability, and transparency. Most of the alternatives presented by the committee to the legislature shall be revenue neutral and contain no income tax.
(((3))) (c) The department shall create an advisory group to include, but not be limited to, representatives of business, state agencies, local governments, labor, taxpayers, and other advocacy groups. The group shall provide advice and assistance to the committee.
(((4))) (d) The committee shall present a final report of its findings and alternatives to the ways and means committee in the senate and the finance committee in the house of representatives by November 30, 2002.
(2) $90,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for the department to conduct a study of tax incentives.
(a) The tax incentives covered by the study shall include the following:
(i) The rural county distressed areas sales tax deferral and exemption under chapter 82.60 RCW;
(ii) The rural county business and occupation tax credit for computer software development in RCW 82.04.4456;
(iii) The business and occupation tax jobs credit under chapter 82.62 RCW;
(iv) The business and occupation tax credit for international services under RCW 82.04.44525;
(v) The business and occupation tax credit for help-desk services in rural counties under RCW 82.04.4457;
(vi) The high technology business and occupation tax credit under RCW 82.04.4452;
(vii) The high technology sales tax deferral/exemption in chapter 82.63 RCW; and
(viii) The manufacturing, research and development, and testing operations sales and use tax exemptions under RCW 82.08.02565 and 82.12.02565.
(b) Taxpayer participation in the study is voluntary. Taxpayer information used in the study is confidential under the provisions of chapter 82.32 RCW. Additionally, the identity of any study participants may not be disclosed.
(c) The purpose of the study is to allow the legislature to evaluate the success of tax incentives in terms of job creation, product development, and other factors that are considered a return on investment of public funds. The study shall include information such as the amount of the incentive taken, the annual number of net new jobs as a result of the incentive, current employment, number of new products developed, the types and amounts of other taxes paid, whether the business expanded or is located in a certain area as a result of the incentive, and other information determined by the department to be relevant to the study.
(d) The department shall report to the appropriate legislative committees of the senate and house of representatives by November 30, 2002.
(3) $109,000 of the multimodal transportation account--state appropriation for fiscal year 2003 is provided solely for the department to implement the provisions of House Bill No. 2969 (transportation). If the bill is not enacted by January 1, 2003, the amount provided in this subsection shall lapse. Further, the amount provided in this subsection shall lapse to the extent that funds are provided for this purpose in the transportation appropriations act.
(4) $3,000 of the general fund--state appropriation for fiscal year 2002 and $111,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the department to implement the provisions of House Bill No. 2658 (municipal business and occupation tax). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
Sec. 138. 2001 2nd sp.s. c 7 s 139 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 1,193,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((1,038,000))
1,007,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((2,231,000))
2,200,000
Sec. 139. 2001 2nd sp.s. c 7 s 142 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . . . . .$ 549,000
General Fund--State Appropriation (FY 2003). . . . . . . . . .$ ((630,000))
655,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . .$ 1,930,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . .$ ((444,000))
223,000
State Capitol Vehicle Parking Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 154,000
General Administration Services Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((41,419,000))
39,546,000
TOTAL APPROPRIATION. .. . . . . . . .$ ((45,126,000))
43,057,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department shall conduct a review of the ultimate purchasing system to evaluate the following: (a) The degree to which program objectives and assumptions were achieved; (b) the degree to which planned schedule of phases, tasks, and activities were accomplished; (c) an assessment of estimated and actual costs of each phase; (d) an assessment of project cost recovery/cost avoidance, return on investment, and measurable outcomes as each relate to the agency's business functions and other agencies' business functions; and (e) the degree to which integration with the agency and state information technology infrastructure was achieved. The department will receive written input from participating pilot agencies that describes measurable organizational benefits and cost avoidance opportunities derived from use of the ultimate purchasing system. The performance review shall be submitted to the office of financial management and the appropriate legislative fiscal committees by July 1, 2002.
(2) $60,000 of the general administration services account appropriation is provided solely for costs associated with the development of the information technology architecture to link the risk management information system and the tort division's case management system, and the reconciliation of defense cost reimbursement information.
(3) $44,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for the department to implement the waste management and recycling provisions of Substitute House Bill No. 2308 (encouraging recycling and waste reduction). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
(4) State agencies that provide services to other state agencies are expected to reduce their expenditures and to share the savings with their clients. The department of general administration shall achieve a reduction of $1,302,000 in its billings for motor pool, consolidated mail, and other services that state agencies purchase in fiscal year 2003. The reduction is expected to result from both reduced demand for services and reduced rates.
Sec. 140. 2001 2nd sp.s. c 7 s 143 (uncodified) is amended to read as follows:
Data Processing Revolving Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((3,706,000))
3,610,000
The appropriation in this section is subject to the following conditions and limitations:
(1) Fifteen independent private, nonprofit colleges, located in Washington state, have requested connection to the K-20 educational telecommunications network. These K-20 connections shall be provided to the private schools on a full cost reimbursement basis, net of the value of services and information provided by the private institutions, based on criteria approved by the K-20 board.
(2) Some private K-12 schools have requested limited "pilot connections" to the K-20 network to test the technical and economic feasibility of one or more connection models. These K-20 connections shall be provided to the private K-12 schools on a full cost reimbursement basis, net of the value of services and information provided by the private K-12 schools based on criteria approved by the K-20 board.
(3) In the 2001-03 biennium, the department shall incorporate statewide elements for a common technology infrastructure into the state strategic information technology plan that state agencies shall then use in establishing individual agency business applications.
(4) The department shall implement the $10,800,000 service rate reduction it proposed on August 14, 2000.
(5) State agencies that provide services to other state agencies are expected to reduce their expenditures and to share the savings with their clients. The department of information services shall achieve a reduction of $1,995,000 in its billings for services purchased by state agencies in fiscal year 2003. The reduction is expected to result from both reduced demand for services and reduced rates.
Sec. 141. 2001 2nd sp.s. c 7 s 144 (uncodified) is amended to read as follows:
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ 622,000
Insurance Commissioners Regulatory Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((29,053,000))
29,928,000
TOTAL APPROPRIATION. . . $ ((29,675,000))
30,550,000
The appropriations in this section are subject to the following conditions and limitations: $693,000 of the insurance commissioner's regulatory account appropriation is provided solely for moving and renovation costs associated with the colocation of the agency's Olympia-area facilities. Expenditures from this amount shall be subject to the approval of the department of general administration.
Sec. 142. 2001 2nd sp.s. c 7 s 147 (uncodified) is amended to read as follows:
Horse Racing Commission Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((4,504,000))
4,436,000
Sec. 143. 2001 2nd sp.s. c 7 s 148 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ 1,483,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((1,484,000))
1,439,000
General Fund--Federal Appropriation (FY 2003). . . . .$ 99,000
Liquor Control Board Construction and Maintenance
Account--State Appropriation. . .. . . . . . . .$ ((8,114,000))
9,684,000
Liquor Revolving Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((142,148,000))
125,927,000
TOTAL APPROPRIATION. . . $ ((153,229,000))
138,632,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,573,000 of the liquor revolving account appropriation is provided solely for the agency information technology upgrade. This amount provided in this subsection is conditioned upon satisfying the requirements of section 902 of this act.
(2) $4,803,000 of the liquor revolving account appropriation is provided solely for the costs associated with the development and implementation of a merchandising business system. Expenditures of any funds for this system are conditioned upon the approval of the merchandising business system's feasibility study by the information services board. The amount provided in this subsection is also conditioned upon satisfying the requirements of section 902 of this act.
(3) $84,000 of the liquor control board construction and maintenance account appropriation for fiscal year 2003 is provided solely for the liquor control board to employ additional staff during the holiday season to handle the expected increase in sales volume at the Seattle distribution center.
Sec. 144. 2001 2nd sp.s. c 7 s 149 (uncodified) is amended to read as follows:
Public Service Revolving Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((27,108,000))
26,702,000
Pipeline Safety Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 3,305,000
Pipeline Safety Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 822,000
TOTAL APPROPRIATION. . . $ ((31,235,000))
30,829,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $3,011,000 of the pipeline safety account--state appropriation and $822,000 of the pipeline safety account--federal appropriation are provided solely for the implementation of Substitute Senate Bill No. 5182 (pipeline safety). If the bill is not enacted by June 30, 2001, the amount provided in this subsection shall lapse.
(2) $294,000 of the pipeline safety account--state appropriation is provided solely for an interagency agreement with the joint legislative audit and review committee for a report on hazardous liquid and gas pipeline safety programs. The committee shall review staff use, inspection activity, fee methodology, and costs of the hazardous liquid and gas pipeline safety programs and report to the appropriate legislative committees by July 1, 2003. The report shall include a comparison of interstate and intrastate programs, including but not limited to the number and complexity of regular and specialized inspections, mapping requirements for each program, and allocation of administrative costs to each program. If Substitute Senate Bill No. 5182 (pipeline safety) is not enacted by June 30, 2001, the amount provided in this section shall lapse.
Sec. 145. 2001 2nd sp.s. c 7 s 151 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ 9,165,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((8,979,000))
8,710,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ 22,509,000
General Fund--Private/Local Appropriation. . . . . . . . .$ 234,000
Enhanced 911 Account--State Appropriation. . . . . . . . .. . . . . . . .$ ((16,544,000))
20,269,000
Disaster Response Account--State Appropriation. . . . .$ ((582,000))
2,010,000
Disaster Response Account--Federal Appropriation. . .$ ((3,392,000))
6,510,000
Worker and Community Right to Know Fund--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 283,000
Nisqually Earthquake Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((37,884,000))
29,027,000
Nisqually Earthquake Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((157,795,000))
49,641,000
TOTAL APPROPRIATION. . . $ ((257,367,000))
148,358,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($582,000)) $1,906,000 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) disasters approved in the 1999-01 biennium budget. The military department may, upon approval of the director of financial management, use portions of the disaster response account--state appropriation to offset costs of new disasters occurring before June 30, 2003. The military department shall submit a report quarterly to the office of financial management and the legislative fiscal committees detailing disaster costs, including: (a) Estimates of total costs; (b) incremental changes from the previous estimate; (c) actual expenditures; (d) estimates of total remaining costs to be paid; and (d) estimates of future payments by biennium. This information shall be displayed by individual disaster, by fund, and by type of assistance. The military department shall also submit a report quarterly to the office of financial management and the legislative fiscal committees detailing information on the disaster response account, including: (a) The amount and type of deposits into the account; (b) the current available fund balance as of the reporting date; and (c) the projected fund balance at the end of the 2001-03 biennium based on current revenue and expenditure patterns.
(2) $100,000 of the general fund--state fiscal year 2002 appropriation and $100,000 of the general fund--state fiscal year 2003 appropriation are provided solely for implementation of the conditional scholarship program pursuant to chapter 28B.103 RCW.
(3) $60,000 of the general fund--state appropriation for fiscal year 2002 and $60,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the implementation of Senate Bill No. 5256 (emergency management compact). If the bill is not enacted by June 30, 2001, the amounts provided in this subsection shall lapse.
(4) $35,000 of the general fund--state fiscal year 2002 appropriation and $35,000 of the general fund--state fiscal year 2003 appropriation are provided solely for the north county emergency medical service.
(5) (($1,374,000)) $2,145,000 of the Nisqually earthquake account--state appropriation and (($3,861,000)) $4,174,000 of the Nisqually earthquake account--federal appropriation are provided solely for the military department's costs associated with coordinating the state's response to the February 28, 2001, earthquake.
(6) (($1,347,000)) $678,000 of the Nisqually earthquake account--state appropriation and (($5,359,000)) $3,420,000 of the Nisqually earthquake account--federal appropriation are provided solely for mitigation costs associated with the earthquake for state and local agencies. Of the amount from the Nisqually earthquake account--state appropriation, (($898,000)) $217,000 is provided for the state matching share for state agencies and (($449,000)) $462,000 is provided for one-half of the local matching share for local entities. The amount provided for the local matching share constitutes a revenue distribution for purposes of RCW 43.135.060(1).
(7) (($35,163,000)) $8,970,000 of the Nisqually earthquake account--state appropriation and (($148,575,000)) $42,047,000 of the Nisqually earthquake account--federal appropriation are provided solely for public assistance costs associated with the earthquake for state and local agencies. Of the amount from the Nisqually earthquake account--state appropriation, (($20,801,000)) $3,924,000 is provided for the state matching share for state agencies and (($14,362,000)) $5,046,000 is provided for one-half of the local matching share for local entities. The amount provided for the local matching share constitutes a revenue distribution for purposes of RCW 43.135.060(1). ((Upon approval of the director of financial management, the military department may use portions of the Nisqually earthquake account--state appropriations to cover other response and recovery costs associated with the Nisqually earthquake that are not eligible for federal emergency management agency reimbursement. The military department is to submit a quarterly report detailing the costs authorized under this subsection to the office of financial management and the legislative fiscal committees.))
(8) $17,234,000 of the Nisqually earthquake account--state appropriation is provided solely to cover other response and recovery costs associated with the Nisqually earthquake that are not eligible for federal emergency management agency reimbursement. Prior to expending funds provided in this subsection, the military department shall obtain prior approval of the director of financial management. Prior to approving any single project of over $1,000,000, the office of financial management shall notify the fiscal committees of the legislature. The military department is to submit a quarterly report detailing the costs authorized under this subsection to the office of financial management and the legislative fiscal committees.
(9) $2,818,000 of the enhanced 911 account--state appropriation is provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 6034 or House Bill No. 2595 (enhanced 911 excise tax). If neither bill is enacted by June 30, 2002, the amount provided in this subsection shall lapse.
Sec. 146. 2001 2nd sp.s. c 7 s 152 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ ((2,154,000))
2,225,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((2,164,000))
2,339,000
TOTAL APPROPRIATION. . . $ ((4,318,000))
4,564,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $71,000 of the general fund--state appropriation for fiscal year 2002 and $214,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the purpose of implementing requirements associated with Initiative Measure No. 775 (home care workers).
(2) $47,000 of the general fund--state appropriation for fiscal year 2003 is provided solely to implement House Bill No. 2403 and House Bill No. 2540 (higher education collective bargaining). If House Bill No. 2403 is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
Sec. 147. 2001 2nd sp.s. c 7 s 153 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ 1,497,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((1,506,000))
1,461,000
TOTAL APPROPRIATION. . . $ ((3,003,000))
2,958,000
PART II
HUMAN SERVICES
Sec. 201. 2001 2nd sp.s. c 7 s 201 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES. (1) Appropriations made in this act to the department of social and health services shall initially be allotted as required by this act. Subsequent allotment modifications shall not include transfers of moneys between sections of this act except as expressly provided in this act, nor shall allotment modifications permit moneys that are provided solely for a specified purpose to be used for other than that purpose, except as expressly provided in subsection (3) of this section.
(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)(a) The appropriations to the department of social and health services in this act shall be expended for the programs and in the amounts specified in this act. However, after May 1, 2002, unless specifically prohibited by this act, the department may transfer general fund--state appropriations for fiscal year 2002 among programs after approval by the director of financial management. However, the department shall not transfer state moneys that are provided solely for a specified purpose except as expressly provided in subsection (3)(b) of this section.
(b) To the extent that transfers under subsection (3)(a) of this section are insufficient to fund actual expenditures in excess of fiscal year 2002 caseload forecasts and utilization assumptions in the medical assistance, long-term care, foster care, adoption support, and child support programs, the department may transfer state moneys that are provided solely for a specified purpose after approval by the director of financial management.
(c) The director of financial management shall notify the appropriate fiscal committees of the senate and house of representatives in writing prior to approving any allotment modifications.
(4) In the event the department receives additional unrestricted federal funds or achieves savings in excess of that anticipated in this act, the department shall use up to $5,000,000 of such funds to initiate a pilot project providing integrated support services to homeless individuals needing mental health services, alcohol or substance abuse treatment, medical care, or who demonstrate community safety concerns. Before such a pilot project is initiated, the department shall notify the fiscal committees of the legislature of the plans for such a pilot project including the source of funds to be used.
Sec. 202. 2001 2nd sp.s. c 7 s 202 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--CHILDREN AND FAMILY SERVICES PROGRAM
General Fund--State Appropriation (FY 2002). . . . . . .$ ((225,789,000))
225,104,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((239,013,000))
231,042,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((372,408,000))
369,403,000
General Fund--Private/Local Appropriation. . . . . . . . .$ 400,000
Public Safety and Education Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ ((987,000))
964,000
Violence Reduction and Drug Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ ((5,702,000))
5,639,000
TOTAL APPROPRIATION. . . $ ((844,299,000))
832,552,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,237,000 of the fiscal year 2002 general fund--state appropriation, (($2,288,000)) $2,271,000 of the fiscal year 2003 general fund--state appropriation, and (($1,590,000)) $1,584,000 of the general fund--federal appropriation are provided solely for the category of services titled "intensive family preservation services."
(2) $685,000 of the general fund--state fiscal year 2002 appropriation and $701,000 of the general fund--state fiscal year 2003 appropriation are provided to contract for the operation of one pediatric interim care facility. The facility shall provide residential care for up to thirteen 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 shall also 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.
(3) $524,000 of the general fund--state fiscal year 2002 appropriation ((and $536,000)), $375,000 of the general fund--state fiscal year 2003 appropriation, and $161,000 of the general fund--federal appropriation are provided for up to three nonfacility-based programs for the training, consultation, support, and recruitment of biological, foster, and adoptive parents of children through age three in need of special care as a result of substance abuse by their mothers, except that each program may serve up to three medically fragile nonsubstance-abuse-affected children. In selecting nonfacility-based programs, preference shall be given to programs whose federal or private funding sources have expired or that have successfully performed under the existing pediatric interim care program.
(4) $1,260,000 of the fiscal year 2002 general fund--state appropriation, $1,248,000 of the fiscal year 2003 general fund--state appropriation, and (($4,196,000)) $4,150,000 of the violence reduction and drug enforcement account appropriation are provided solely for the family policy council and community public health and safety networks. The funding level for the family policy council and community public health and safety networks represents a 25 percent reduction below the funding level for the 1999-2001 biennium. Funding levels shall be reduced 25 percent for both the family policy council and network grants. Reductions to network grants shall be allocated so as to maintain current funding levels, to the greatest extent possible, for projects with the strongest evidence of positive outcomes and for networks with substantial compliance with contracts for network grants.
(5) $2,215,000 of the fiscal year 2002 general fund--state appropriation, $4,394,000 of the fiscal year 2003 general fund--state appropriation, and $5,604,000 of the general fund--federal appropriation are provided solely for reducing the average caseload level per case-carrying social worker. Average caseload reductions are intended to increase the amount of time social workers spend in direct contact with the children, families, and foster parents involved with their open cases. The department shall use some of the funds provided in several local offices to increase staff that support case-carrying social workers in ways that will allow social workers to increase direct contact time with children, families, and foster parents. To achieve the goal of reaching an average caseload ratio of 1:24 by the end of fiscal year 2003, the department shall develop a plan for redeploying 30 FTEs to case-carrying social worker and support positions from other areas in the children and family services budget. The FTE redeployment plan shall be submitted to the fiscal committees of the legislature by December 1, 2001.
(6) $1,000,000 of the fiscal year 2002 general fund--state appropriation and $1,000,000 of the fiscal year 2003 general fund--state appropriation are provided solely for increasing foster parent respite care services that improve the retention of foster parents and increase the stability of foster placements. The department shall report quarterly to the appropriate committees of the legislature progress against appropriate baseline measures for foster parent retention and stability of foster placements.
(7) $1,050,000 of the general fund--federal appropriation is provided solely for increasing kinship care placements for children who otherwise would likely be placed in foster care. These funds shall be used for extraordinary costs incurred by relatives at the time of placement, or for extraordinary costs incurred by relatives after placement if such costs would likely cause a disruption in the kinship care placement. $50,000 of the funds provided shall be contracted to the Washington institute for public policy to conduct a study of kinship care placements. The study shall examine the prevalence and needs of families who are raising related children and shall compare services and policies of Washington state with other states that have a higher rate of kinship care placements in lieu of foster care placements. The study shall identify possible changes in services and policies that are likely to increase appropriate kinship care placements.
(8) $3,386,000 of the fiscal year 2002 general fund--state appropriation, (($7,671,000)) $5,710,000 of the fiscal year 2003 general fund--state appropriation, and (($20,819,000)) $19,819,000 of the general fund--federal appropriation are provided solely for increases in the cost per case for foster care and adoption support. $16,000,000 of the general fund--federal amount shall remain unalloted until the office of financial management approves a plan submitted by the department to achieve a higher rate of federal earnings in the foster care program. That plan shall also be submitted to the fiscal committees of the legislature and shall indicate projected federal revenue compared to actual fiscal year 2001 levels. Within the amounts provided for foster care, the department shall increase the basic rate for foster care to an average of $420 per month on July 1, 2001((, and to an average of $440 per month on July 1, 2002)). The department shall use the remaining funds provided in this subsection to pay for increases in the cost per case for foster care and adoption support. The department shall seek to control rate increases and reimbursement decisions for foster care and adoption support cases such that the cost per case for family foster care, group care, receiving homes, and adoption support does not exceed the amount assumed in the projected caseload expenditures plus the amounts provided in this subsection.
(9) $1,767,000 of the general fund--state appropriation for fiscal year 2002, (($2,461,000)) $1,767,000 of the general fund--state appropriation for fiscal year 2003, and (($1,485,000)) $1,241,000 of the general fund--federal appropriation are provided solely for rate and capacity increases for child placing agencies. Child placing agencies shall increase their capacity by 15 percent in fiscal year 2002 ((and 30 percent in fiscal year 2003)).
(10) The department shall provide secure crisis residential facilities across the state in a manner that: (a) Retains geographic provision of these services; and (b) retains beds in high use areas.
(11) $125,000 of the general fund--state appropriation for fiscal year 2002 and $125,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for a foster parent retention program. This program is directed at foster parents caring for children who act out sexually, as described in House Bill No. 1525 (foster parent retention program).
Sec. 203. 2001 2nd sp.s. c 7 s 203 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--JUVENILE REHABILITATION PROGRAM
(((1) COMMUNITY SERVICES))
General Fund--State Appropriation (FY 2002). . . . . . .$ ((36,625,000))
83,151,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((38,125,000))
79,107,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((14,609,000))
13,803,000
General Fund--Private/Local Appropriation. . . . . . . . .$ ((380,000))
1,110,000
Juvenile Accountability Incentive
Account--Federal Appropriation. . . . . .$ ((9,361,000))
10,461,000
Public Safety and Education
Account--State Appropriation. . .. . . . . . . .$ ((6,196,000))
6,047,000
Violence Reduction and Drug Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ ((21,972,000))
37,174,000
TOTAL APPROPRIATION. . . $ ((127,268,000))
230,853,000
The appropriations in this subsection are subject to the following conditions and limitations:
(((a))) (1) $686,000 of the violence reduction and drug enforcement account appropriation is provided solely for deposit in the county criminal justice assistance account for costs to the criminal justice system associated with the implementation of chapter 338, Laws of 1997 (juvenile code revisions). The amounts provided in this subsection are intended to provide funding for county adult court costs associated with the implementation of chapter 338, Laws of 1997 and shall be distributed in accordance with RCW 82.14.310.
(((b))) (2) $5,980,000 of the violence reduction and drug enforcement account appropriation is provided solely for the implementation of chapter 338, Laws of 1997 (juvenile code revisions). The amounts provided in this subsection are intended to provide funding for county impacts associated with the implementation of chapter 338, Laws of 1997 and shall be distributed to counties as prescribed in the current consolidated juvenile services (CJS) formula.
(((c))) (3) $1,161,000 of the general fund--state appropriation for fiscal year 2002, $1,162,000 of the general fund--state appropriation for fiscal year 2003, and $5,190,000 of the violence reduction and drug enforcement account appropriation are provided solely to implement community juvenile accountability grants pursuant to chapter 338, Laws of 1997 (juvenile code revisions). Funds provided in this subsection may be used solely for community juvenile accountability grants, administration of the grants, and evaluations of programs funded by the grants.
(((d))) (4) $2,515,000 of the violence reduction and drug enforcement account appropriation is provided solely to implement alcohol and substance abuse treatment programs for locally committed offenders. The juvenile rehabilitation administration shall award these moneys on a competitive basis to counties that submitted a plan for the provision of services approved by the division of alcohol and substance abuse. The juvenile rehabilitation administration shall develop criteria for evaluation of plans submitted and a timeline for awarding funding and shall assist counties in creating and submitting plans for evaluation.
(((e))) (5) $100,000 of the general fund--state appropriation for fiscal year 2002 and $100,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for juvenile rehabilitation administration to contract with the institute for public policy for responsibilities assigned in chapter 338, Laws of 1997 (juvenile code revisions).
(((f))) (6) $100,000 of the general fund--state appropriation for fiscal year 2002 and $100,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for a contract for expanded services of the teamchild project.
(((g))) (7) $423,000 of the general fund--state appropriation for fiscal year 2002, (($924,000)) $754,100 of the general fund--state appropriation for fiscal year 2003, (($174,000)) $152,000 of the general fund--federal appropriation, (($196,000)) $172,000 of the public safety and education assistance account appropriation, and (($690,000)) $604,000 of the violence reduction and drug enforcement account appropriation are provided solely to increase payment rates for contracted service providers.
(((h))) (8) $16,000 of the general fund--state appropriation for fiscal year 2002 and $16,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the implementation of chapter 167, Laws of 1999 (firearms on school property). The amounts provided in this subsection are intended to provide funding for county impacts associated with the implementation of chapter 167, Laws of 1999, and shall be distributed to counties as prescribed in the current consolidated juvenile services (CJS) formula.
(((i))) (9) $3,441,000 of the general fund--state appropriation for fiscal year 2002 and $3,441,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for distribution to county juvenile court administrators to fund the costs of processing truancy, children in need of services, and at-risk youth petitions. The department shall not retain any portion of these funds to cover administrative or any other departmental costs. The department, in conjunction with the juvenile court administrators, shall develop an equitable funding distribution formula. The formula shall neither reward counties with higher than average per-petition processing costs nor shall it penalize counties with lower than average per-petition processing costs.
(((j))) (10) $6,000,000 of the public safety and education account--state appropriation is provided solely for distribution to county juvenile court administrators to fund the costs of processing truancy, children in need of services, and at-risk youth petitions. ((To the extent that distributions made under (i) and (j) of this subsection and pursuant to section 801 of this act exceed actual costs of processing truancy, children in need of services, and at-risk youth petitions, the department, in consultation with the respective juvenile court administrator and the county, may approve expenditure of funds provided in this subsection on other costs of the civil or criminal justice system. When this occurs, the department shall notify the office of financial management and the legislative fiscal committees.)) The department shall not retain any portion of these funds to cover administrative or any other departmental costs. The department, in conjunction with the juvenile court administrators, shall develop an equitable funding distribution formula. The formula shall neither reward counties with higher than average per-petition processing costs nor shall it penalize counties with lower than average per-petition processing costs.
(((k))) (11) The distributions made under (((i))) (9) and (((j))) (10) of this subsection and distributions from the county criminal justice assistance account made pursuant to section 801 of this act constitute appropriate reimbursement for costs for any new programs or increased level of service for purposes of RCW 43.135.060.
(((l))) (12) Each quarter during the 2001-03 fiscal biennium, each county shall report the number of petitions processed and the total actual costs of processing the petitions in each of the following categories: Truancy, children in need of services, and at-risk youth. Counties shall submit the reports to the department no later than 45 days after the end of the quarter. The department shall forward this information to the chair and ranking minority member of the house of representatives appropriations committee and the senate ways and means committee no later than 60 days after a quarter ends. These reports are deemed informational in nature and are not for the purpose of distributing funds.
(((m))) (13) $1,692,000 of the juvenile accountability incentive account--federal appropriation is provided solely for the continued implementation of a pilot program to provide for postrelease planning and treatment of juvenile offenders with co-occurring disorders.
(((n))) (14) $22,000 of the violence reduction and drug enforcement account appropriation is provided solely for the evaluation of the juvenile offender co-occurring disorder pilot program implemented pursuant to (m) of this subsection.
(((o))) (15) $900,000 of the general fund--state appropriation for fiscal year 2002 and $900,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the continued implementation of the juvenile violence prevention grant program established in section 204, chapter 309, Laws of 1999.
(((p))) (16) $33,000 of the general fund--state appropriation for fiscal year 2002 and $29,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the implementation of House Bill No. 1070 (juvenile offender basic training). If the bill is not enacted by June 30, 2001, the amounts provided in this subsection shall lapse.
(((q))) (17) $21,000 of the general fund--state appropriation for fiscal year 2002 and $42,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the implementation of Senate Bill No. 5468 (chemical dependency). If the bill is not enacted by June 30, 2001, the amounts provided in this subsection shall lapse.
(((r))) (18) The juvenile rehabilitation administration, in consultation with the juvenile court administrators, may agree on a formula to allow the transfer of funds among amounts appropriated for consolidated juvenile services, community juvenile accountability act grants, the chemically dependent disposition alternative, and the special sex offender disposition alternative.
(((2) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 2002). . . . . . .$ 46,773,000
General Fund--State Appropriation (FY 2003). . . . . . .$ 48,735,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ 14,000
General Fund--Private/Local Appropriation. . . . . . . . .$ 740,000
Violence Reduction and Drug Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ 15,280,000
TOTAL APPROPRIATION. . . $ 111,542,000
The appropriations in this subsection are subject to the following conditions and limitations:)) (19) $40,000 of the general fund--state appropriation for fiscal year 2002 and (($84,000)) $68,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to increase payment rates for contracted service providers.
(((3) PROGRAM SUPPORT
General Fund--State Appropriation (FY 2002). . . . . . .$ 1,738,000
General Fund--State Appropriation (FY 2003). . . . . . .$ 1,765,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ 307,000
Juvenile Accountability Incentive Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 1,100,000
Violence Reduction and Drug Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ 421,000
TOTAL APPROPRIATION. . . $ 5,331,000))
(20) $945,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for providing additional research-based services to the juvenile parole population. The juvenile rehabilitation administration shall consult with the institute for public policy in deciding which interventions to provide to the parole population.
(21) The juvenile rehabilitation administration shall continue to allot and expend funds provided in this section by the category and budget unit structure submitted to the legislative evaluation and accountability program committee.
Sec. 204. 2001 2nd sp.s. c 7 s 204 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MENTAL HEALTH PROGRAM
(1) COMMUNITY SERVICES/REGIONAL SUPPORT NETWORKS
General Fund--State Appropriation (FY 2002). . . . . . .$ ((191,089,000))
194,566,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((194,884,000))
177,206,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((339,077,000))
358,377,000
General Fund--Local Appropriation. . . . . . . . . . . . . . .$ ((4,363,000))
25,596,000
Health Services Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 2,450,000
TOTAL APPROPRIATION. . . $ ((731,863,000))
758,195,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) Regional support networks shall use portions of the general fund--state appropriation for implementation of working agreements with the vocational rehabilitation program which will maximize the use of federal funding for vocational programs.
(b) From the general fund--state appropriations in this subsection, the secretary of social and health services shall assure that regional support networks reimburse the aging and 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.
(c) $388,000 of the general fund--state appropriation for fiscal year 2002, (($1,927,000)) $2,829,000 of the general fund--state appropriation for fiscal year 2003, and (($2,349,000)) $3,157,000 of the general fund--federal appropriation are provided solely for development and operation of community residential and support services for persons whose treatment needs constitute substantial barriers to community placement and who no longer require active psychiatric treatment at an inpatient hospital level of care, no longer meet the criteria for inpatient involuntary commitment, and who are clinically ready for discharge from a state psychiatric hospital. In the event that enough patients are not transitioned or diverted from the state hospitals to close at least two hospital wards by July 2002, and ((two)) four additional wards by April 2003, a proportional share of these funds shall be transferred to the appropriations in subsection (2) of this section to support continued care of the patients in the state hospitals. Primary responsibility and accountability for provision of appropriate community support for persons placed with these funds shall reside with the mental health program and the regional support networks, with partnership and active support from the alcohol and substance abuse and from the aging and adult services programs. The department shall negotiate performance-based incentive contracts ((with those regional support networks which have the most viable plans for providing appropriate community support services for significant numbers of persons from their area who would otherwise be served in the state hospitals)) to provide appropriate community support services for individuals leaving the state hospitals under this subsection. The department shall first seek to contract with regional support networks before offering a contract to any other party. The funds appropriated in this subsection shall not be considered "available resources" as defined in RCW 71.24.025 and are not subject to the standard allocation formula applied in accordance with RCW 71.24.035(13)(a).
(d) At least $1,000,000 of the federal block grant funding appropriated in this subsection shall be used for (i) initial development, training, and operation of the community support teams which will work with long-term state hospital residents prior and subsequent to their return to the community; and (ii) development of support strategies which will reduce the unnecessary and excessive use of state and local hospitals for short-term crisis stabilization services. Such strategies may include training and technical assistance to community long-term care and substance abuse providers; the development of diversion beds and stabilization support teams; examination of state hospital policies regarding admissions; and the development of new contractual standards to assure that the statutory requirement that 85 percent of short-term detentions be managed locally is being fulfilled. The department shall report to the fiscal and policy committees of the legislature on the results of these efforts by November 1, 2001, and again by November 1, 2002.
(e) The department is authorized to implement a new formula for allocating available resources among the regional support networks. The distribution formula shall use the number of persons eligible for the state medical programs funded under chapter 74.09 RCW as the measure of the requirement for the number of acutely mentally ill, chronically mentally ill, severely emotionally disturbed children, and seriously disturbed in accordance with RCW 71.24.035(13)(a). The new formula shall be phased in over a period of no less than six years. Furthermore, the department shall increase the medicaid capitation rates which a regional support network would otherwise receive under the formula by an amount sufficient to assure that total funding allocated to the regional support network in fiscal year 2002 increases by up to ((2.1)) 3.5 percent over the amount actually paid to that regional support network in fiscal year 2001, and by up to an additional ((2.3)) 5.0 percent in fiscal year 2003, if total funding to the regional support network would otherwise increase by less than those percentages under the new formula, and provided that the nonfederal share of the higher medicaid payment rate is provided by the regional support network from local funds.
(f) Within funds appropriated in this subsection, the department shall contract with the Clark county regional support network for development and operation of a project demonstrating collaborative methods for providing intensive mental health services in the school setting for severely emotionally disturbed children who are medicaid eligible. Project services are to be delivered by teachers and teaching assistants who qualify as, or who are under the supervision of, mental health professionals meeting the requirements of chapter 275-57 WAC. The department shall increase medicaid payments to the regional support network by the amount necessary to cover the necessary and allowable costs of the demonstration, not to exceed the upper payment limit specified for the regional support network in the department's medicaid waiver agreement with the federal government after meeting all other medicaid spending requirements assumed in this subsection. The regional support network shall provide the department with (i) periodic reports on project service levels, methods, and outcomes; and (ii) an intergovernmental transfer equal to the state share of the increased medicaid payment provided for operation of this project.
(g) The health services account appropriation is provided solely for implementation of strategies which the department and the affected regional support networks conclude will best assure continued availability of community-based inpatient psychiatric services in all areas of the state. Such strategies may include, but are not limited to, emergency contracts for continued operation of inpatient facilities otherwise at risk of closure because of demonstrated uncompensated care; start-up grants for development of evaluation and treatment facilities; and increases in the rate paid for inpatient psychiatric services for medically indigent and/or general assistance for the unemployed patients. The funds provided in this subsection must be: (i) Prioritized for use in those areas of the state which are at greatest risk of lacking sufficient inpatient psychiatric treatment capacity, rather than being distributed on a formula basis; (ii) prioritized for use by those hospitals which do not receive low-income disproportionate share hospital payments as of the date of application for funding; and (iii) matched on a one-quarter local, three-quarters state basis by funding from the regional support network or networks in the area in which the funds are expended. Payments from the amount provided in this subsection shall not be made to any provider that has not agreed that, except for prospective rate increases, the payment shall offset, on a dollar-for-dollar basis, any liability that may be established against, or any settlement that may be agreed to by the state, regarding the rate of state reimbursement for inpatient psychiatric care. The funds provided in this subsection shall not be considered "available resources" as defined in RCW 71.24.025 and are not subject to the distribution formula established pursuant to RCW 71.24.035.
(h) The department shall assure that no regional support network uses more than 8.0 percent of the state and federal funds received from appropriations in this subsection for regional support network administration.
(i) The department shall assure that each regional support network increases spending on direct client services in fiscal years 2002 and 2003 by at least the same percentage as the total state, federal, and local funds allocated to the regional support network in those years exceeds the amounts allocated to it in fiscal year 2001.
(j) The department shall reduce state funding otherwise payable to a regional support network in fiscal years 2002 and 2003 by the full amount by which the regional support network's reserves and fund balances as of December 31, 2001, exceed the required risk reserve for that regional support network. The required reserve amount shall be calculated by applying the risk reserve percentage specified in the department's contract with the regional support network to the total state and federal revenues for which the regional support network would otherwise be eligible in accordance with this subsection. As used in this subsection, "reserves" does not include capital project reserves established in accordance with state accounting and reporting standards before January 1, 2002.
(k) The department shall cooperate with the department of community, trade, and economic development to develop a proposal to create a structurally and functionally independent mental health ombudsman program. The proposal shall include recommendations about the statutory and administrative changes needed to establish a structurally and functionally independent ombudsman system. The departments shall report to the appropriate policy and fiscal committees of the legislature by November 1, 2002.
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 2002). . . . . . .$ ((85,836,000))
84,878,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((83,001,000))
80,784,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((139,098,000))
139,821,000
General Fund--Private/Local Appropriation. . . . . . . . .$ ((29,289,000))
29,532,000
TOTAL APPROPRIATION. . . $ ((337,224,000))
335,015,000
The 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 health program at Western state hospital shall continue to use labor provided by the Tacoma prerelease program of the department of corrections.
(c) The department shall seek to reduce the census of the two state psychiatric hospitals by ((120)) 178 beds by April 2003 by arranging and providing community residential, mental health, and other support services for long-term state hospital patients whose treatment needs constitute substantial barriers to community placement and who no longer require active psychiatric treatment at an inpatient hospital level of care, no longer meet the criteria for inpatient involuntary commitment, and who are clinically ready for discharge from a state psychiatric hospital. No such patient is to move from the hospital until a team of community professionals has become familiar with the person and their treatment plan; assessed their strengths, preferences, and needs; arranged a safe, clinically-appropriate, and stable place for them to live; assured that other needed medical, behavioral, and social services are in place; and is contracted to monitor the person's progress on an ongoing basis. The department and the regional support networks shall endeavor to assure that hospital patients are able to return to their area of origin, and that placements are not concentrated in proximity to the hospitals.
(d) For each month subsequent to the month in which a state hospital bed has been closed in accordance with (c) of this subsection, the mental health program shall transfer to the medical assistance program state funds equal to the state share of the monthly per capita expenditure amount estimated for categorically needy-disabled persons in the most recent forecast of medical assistance expenditures.
(e) The department shall report to the appropriate committees of the legislature by November 1, 2001, and by November 1, 2002, on its plans for and progress toward achieving the objectives set forth in (c) of this subsection.
(3) CIVIL COMMITMENT
General Fund--State Appropriation (FY 2002). . . . . . .$ ((20,037,000))
18,267,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((22,441,000))
20,934,000
TOTAL APPROPRIATION. . . $ ((42,478,000))
39,201,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) (($2,062,000)) $1,587,000 of the general fund--state appropriation for fiscal year 2002 and (($3,698,000)) $2,646,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for operational costs associated with a less restrictive step-down placement facility on McNeil Island.
(b) (($1,000,000)) $300,000 of the general fund--state appropriation for fiscal year 2002 and (($1,000,000)) $300,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for mitigation funding for jurisdictions affected by the placement of less restrictive alternative facilities for persons conditionally released from the special commitment center facility being constructed on McNeil Island. Of this amount, up to $45,000 per year is provided for the city of Lakewood for police protection reimbursement at Western State Hospital and adjacent areas, up to $45,000 per year is provided for training police personnel on chapter 12, Laws of 2001, 2nd sp. sess. (3ESSB 6151), up to $125,000 per year is provided for Pierce county for reimbursement of additional costs, and the remaining amounts are for other documented costs by jurisdictions directly impacted by the placement of the secure community transition facility on McNeil Island. Pursuant to chapter 12, Laws of 2001, 2nd sp. sess (3ESSB 6151), the department shall continue to work with local jurisdictions towards reaching agreement for mitigation costs.
(c) By October 1, 2001, the department shall report to the office of financial management and the fiscal committees of the house of representatives and senate detailing information on plans for increasing the efficiency of staffing patterns at the new civil commitment center facility being constructed on McNeil Island.
(d) $600,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for the implementation of Substitute Senate Bill No. 6594 (secure community transition facilities). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
(4) SPECIAL PROJECTS
General Fund--State Appropriation (FY 2002). . . . . . .$ 444,000
General Fund--State Appropriation (FY 2003). . . . . . .$ 443,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ 2,082,000
TOTAL APPROPRIATION. . . $ 2,969,000
(5) PROGRAM SUPPORT
General Fund--State Appropriation (FY 2002). . . . . . .$ 3,104,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((3,231,000))
3,111,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((5,796,000))
5,659,000
TOTAL APPROPRIATION. . . $ ((12,131,000))
11,874,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $113,000 of the general fund--state appropriation for fiscal year 2002, $125,000 of the general fund--state appropriation for fiscal year 2003, and $164,000 of the general fund--federal appropriation are provided solely for the institute for public policy to evaluate the impacts of chapter 214, Laws of 1999 (mentally ill offenders), chapter 217, Laws of 2000 (atypical anti-psychotic medications), chapter 297, Laws of 1998 (commitment of mentally ill persons), and chapter 334, Laws of 2001 (mental health performance audit).
(b) $168,000 of the general fund--state appropriation for fiscal year 2002, $243,000 of the general fund--state appropriation for fiscal year 2003, and $411,000 of the general fund--federal appropriation are provided solely for the development and implementation of a uniform outcome-oriented performance measurement system to be used in evaluating and managing the community mental health service delivery system consistent with the recommendations contained in the joint legislative audit and review committee's audit of the public mental health system. Once implemented, the use of performance measures will allow comparison of measurement results to established standards and benchmarks among regional support networks, service providers, and against other states. The department shall provide a report to the appropriate committees of the legislature on the development and implementation of the use of performance measures by October 2002.
(c) $125,000 of the general fund--state appropriation for fiscal year 2002, $125,000 of the general fund--state appropriation for fiscal year 2003, and $250,000 of the general fund--federal appropriation are provided solely for a study of the prevalence of mental illness among the state's regional support networks and the appropriate allocation of state hospital beds among the networks. The prevalence study shall examine how reasonable estimates of the prevalence of mental illness relate to the incidence of persons enrolled in medical assistance programs in each regional support network area. In conducting ((this)) the prevalence study, the department shall consult with the joint legislative audit and review committee, regional support networks, community mental health providers, and mental health consumer representatives. The department shall submit a final report on ((its)) the findings of the prevalence study to the fiscal, health care, and human services committees of the legislature by November 1, 2003. In preparing the report on allocation of state hospital beds, the department shall: (i) Utilize the most current and reliable applicable academic research, and shall consult with academic and other national experts on mental health inpatient care; (ii) estimate the relative need for short-term and long-term inpatient psychiatric care in each of the state's regions, based on the factors that the experts identify as the best predictors of need, including geographic proximity to the hospitals; and (iii) identify options for changing the current distribution of state hospital beds among the regional support networks. This report shall be prepared in consultation with representatives of people with mental illness and the regional support networks, and shall be submitted to appropriate committees of the legislature. The department shall maintain the same relative allocation of budgeted, nonforensic state hospital beds among the regional support networks as was in effect during fiscal year 2002 until at least thirty days after adjournment of the first regular legislative session following submission of the report on the appropriate allocation of these beds. This subsection does not prohibit the replacement of current state hospital beds with community alternatives as provided elsewhere in this section.
Sec. 205. 2001 2nd sp.s. c 7 s 205 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--DEVELOPMENTAL DISABILITIES PROGRAM
(1) COMMUNITY SERVICES
General Fund--State Appropriation (FY 2002). . . . . . .$ ((231,693,000))
233,705,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((242,347,000))
255,415,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((396,151,000))
405,773,000
Health Services Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((741,000))
903,000
TOTAL APPROPRIATION. . . $ ((870,932,000))
895,796,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The legislature finds that comprehensive reform of the developmental disabilities program is required. Recent audits and litigation indicate a need to improve the quality of program data, strengthen program and fiscal management, and clarify the criteria and determination of eligibility for services. Additional resources are also needed to expand access to community services. The appropriations in this section are intended to address the most urgent needs while strengthening program and fiscal accountability. The department shall provide monthly progress reports to the appropriate committees of the legislature on actions taken in three areas: The implementation of expanded services, the development and implementation of a new home and community based medicaid waiver, and improvements in program and fiscal management.
(b) $10,050,000 of the fiscal year 2003 general fund--state appropriation and $3,550,000 of the general fund--federal appropriation are provided solely for expanded access to community services. A total of $7,800,000 is provided for additional residential services for persons on the home and community based waiver. A total of $3,600,000 is provided for family support and high school transition. A total of $2,700,000 is provided between this subsection and subsection (3) of this section for staffing and other costs to improve oversight of quality of care, program management, and fiscal management. New funding for family support and high school transition along with a portion of existing funding for these programs shall be provided as supplemental security income (SSI) state supplemental payments. The legislature finds that providing cash assistance to individuals and families needing these supports promotes self-determination and independence. It is the intent of the legislature that the department shall comply with federal requirements to maintain aggregate funding for SSI state supplemental payments while promoting self-determination and independence for persons with developmental disabilities in families with taxable incomes at or below 150 percent of median family income. Individuals receiving family support or high school transition payments shall not become eligible for medical assistance under RCW 74.09.510 due solely to the receipt of SSI state supplemental payments. These amounts and the specified expansion of community services are intended to be the fiscal component of the negotiated settlement in the pending litigation on developmental disabilities services, ARC v. Quasim.
(c) The health services account appropriation and (($753,000)) $904,000 of the general fund--federal appropriation are provided solely for health care benefits for home care workers with family incomes below 200 percent of the federal poverty level who are employed through state contracts for twenty hours per week or more. Premium payments for individual provider home care workers shall be made only to the subsidized basic health plan. Home care agencies may obtain coverage either through the basic health plan or through an alternative plan with substantially equivalent benefits.
(((b))) (d) $902,000 of the general fund--state appropriation for fiscal year 2002, $3,372,000 of the general fund--state appropriation for fiscal year 2003, and $4,056,000 of the general fund--federal appropriation are provided solely for community services for residents of residential habilitation centers (RHCs) who are able to be adequately cared for in community settings and who choose to live in those community settings. The department shall ensure that the average cost per day for all program services other than start-up costs shall not exceed $280. If the number and timing of residents choosing to move into community settings is not sufficient to achieve the RHC cottage consolidation plan assumed in the appropriations in subsection (2) of this section, the department shall transfer sufficient appropriations from this subsection to subsection (2) of this section to cover the added costs incurred in the RHCs. The department shall report to the appropriate committees of the legislature, within 45 days following each fiscal year quarter, the number of residents moving into community settings and the actual expenditures for all community services to support those residents.
(((c) $1,440,000)) (e) $1,153,000 of the general fund--state appropriation for fiscal year 2002, (($3,041,000)) $3,054,000 of the general fund--state appropriation for fiscal year 2003, and (($4,311,000)) $4,031,000 of the general fund--federal appropriation are provided solely for expanded community services for persons with developmental disabilities who also have community protection issues or are diverted or discharged from state psychiatric hospitals. The department shall ensure that the average cost per day for all program services other than start-up costs shall not exceed $275. The department shall report to the appropriate committees of the legislature, within 45 days following each fiscal year quarter, the number of persons served with these additional community services, where they were residing, what kinds of services they were receiving prior to placement, and the actual expenditures for all community services to support these clients.
(((d) $1,005,000 of the general fund--state appropriation for fiscal year 2002, $2,262,000 of the general fund--state appropriation for fiscal year 2003, and $2,588,000 of the general fund--federal appropriation are provided solely for increasing case/resource management resources to improve oversight and quality of care for persons enrolled in the medicaid home and community services waiver for persons with developmental disabilities.)) (f) The department shall not increase total enrollment in home and community based waivers for persons with developmental disabilities except for ((increases)) changes assumed in additional funding provided in subsections (b) ((and (c))), (d), and (e) of this section. Prior to submitting to the health care financing authority any additional home and community based waiver request for persons with developmental disabilities, the department shall submit a summary of the waiver request to the appropriate committees of the legislature. The summary shall include eligibility criteria, program description, enrollment projections and limits, and budget and cost effectiveness projections that distinguish the requested waiver from other existing or proposed waivers.
(((e))) (g) $1,000,000 of the general fund--state appropriation for fiscal year 2002 and $1,000,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for employment, or other day activities and training programs, for young adults with developmental disabilities who complete their high school curriculum in 2001 or 2002. These services are intended to assist with the transition to work and more independent living. Funding shall be used to the greatest extent possible for vocational rehabilitation services matched with federal funding. In recent years, the state general fund appropriation for employment and day programs has been underspent. These surpluses, built into the carry forward level budget, shall be redeployed for high school transition services.
(((f))) (h) $369,000 of the fiscal year 2002 general fund--state appropriation and $369,000 of the fiscal year 2003 general fund--state appropriation are provided solely for continuation of the autism pilot project started in 1999.
(((g))) (i) $4,049,000 of the general fund--state appropriation for fiscal year 2002, $1,734,000 of the general fund--state appropriation for fiscal year 2003, and $5,369,000 of the general fund--federal appropriation are provided solely to increase compensation by an average of fifty cents per hour for low-wage workers providing state-funded services to persons with developmental disabilities. These funds, along with funding provided for vendor rate increases, are sufficient to raise wages an average of fifty cents and cover the employer share of unemployment and social security taxes on the amount of the wage increase. In consultation with the statewide associations representing such agencies, the department shall establish a mechanism for testing the extent to which funds have been used for this purpose, and report the results to the fiscal committees of the legislature by February 1, 2002.
(j) $1,310,000 of the general fund--state appropriation for fiscal year 2003 and $1,207,000 of the general fund--federal appropriation are provided solely for an increase of twenty-five cents per hour on October 1, 2002, for individual and agency home care workers who provide state-funded services to persons with developmental disabilities. The amount provided in this section also includes the funds needed for the employer share of unemployment and social security taxes on the amount of the wage increase required by this subsection. The wage increases for individual providers required by this subsection are subject to the collective bargaining provisions of Initiative Measure No. I-775 (chapter 3, Laws of 2002).
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 2002). . . . . . .$ ((71,977,000))
69,375,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((69,303,000))
68,203,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((145,641,000))
145,672,000
General Fund--Private/Local Appropriation. . . . . . . . .$ ((10,230,000))
11,230,000
TOTAL APPROPRIATION. . . $ ((297,151,000))
294,480,000
The appropriations in this subsection are subject to the following conditions and limitations: Pursuant to RCW 71A.12.160, if residential habilitation center capacity is not being used for permanent residents, the department ((may)) shall make residential habilitation center vacancies available for respite care and any other services needed to care for clients who are not currently being served in a residential habilitation center and whose needs require staffing levels similar to current residential habilitation center residents. Providing respite care shall not impede the department's ability to consolidate cottages, and maintain expenditures within allotments, as assumed in the appropriations in this subsection.
(3) PROGRAM SUPPORT
General Fund--State Appropriation (FY 2002). . . . . . .$ ((2,601,000))
1,711,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((2,623,000))
2,007,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((2,413,000))
2,612,000
Telecommunications Devices for the Hearing and
Speech Impaired Account Appropriation. . $ 1,767,000
TOTAL APPROPRIATION. . . $ ((7,637,000))
8,097,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $270,000 of the fiscal year 2003 general fund--state appropriation and $170,000 of the general fund--federal appropriation are provided solely for improved fiscal management of the home and community-based waiver and other community services.
(b) (($50,000 of the fiscal year 2002 general fund--state appropriation and $50,000 of the fiscal year 2003 general fund--state appropriation are)) $100,000 of the telecommunications devices for the hearing and speech impaired account appropriation is provided solely for increasing the contract amount for the southeast Washington deaf and hard of hearing services center due to increased workload.
(4) SPECIAL PROJECTS
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ 11,995,000
Sec. 206. 2001 2nd sp.s. c 7 s 206 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--AGING AND ADULT SERVICES PROGRAM
General Fund--State Appropriation (FY 2002). . . . . . .$ ((518,911,000))
505,983,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((537,907,000))
513,154,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((1,078,417,000))
1,053,299,000
General Fund--Private/Local Appropriation. . . . . . . . .$ ((4,324,000))
11,803,000
Health Services Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 4,523,000
TOTAL APPROPRIATION. . . $ ((2,144,082,000))
2,088,762,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The entire health services account appropriation, $1,210,000 of the general fund--state appropriation for fiscal year 2002, $1,423,000 of the general fund--state appropriation for fiscal year 2003, and $6,794,000 of the general fund--federal appropriation are provided solely for health care benefits for home care workers who are employed through state contracts for at least twenty hours per week. Premium payments for individual provider home care workers shall be made only to the subsidized basic health plan, and only for persons with incomes below 200 percent of the federal poverty level. Home care agencies may obtain coverage either through the basic health plan or through an alternative plan with substantially equivalent benefits.
(2) $1,706,000 of the general fund--state appropriation for fiscal year 2002 and $1,706,000 of the general fund--state appropriation for fiscal year 2003, plus the associated vendor rate increase for each year, are provided solely for operation of the volunteer chore services program.
(3) For purposes of implementing chapter 74.46 RCW, the weighted average nursing facility payment rate shall be no more than $128.79 for fiscal year 2002, and no more than (($134.45)) $132.58 for fiscal year 2003. For all facilities, the therapy care, support services, and operations component rates established in accordance with chapter 74.46 RCW shall be adjusted for economic trends and conditions by 2.1 percent effective July 1, 2001, and by an additional ((2.3)) 1.5 percent effective July 1, 2002. For case-mix facilities, direct care component rates established in accordance with chapter 74.46 RCW shall also be adjusted for economic trends and conditions by 2.1 percent effective July 1, 2001, and by an additional 2.3 percent effective July 1, 2002. Additionally, to facilitate the transition to a fully case-mix based direct care payment system, the median price per case-mix unit for each of the applicable direct care peer groups shall be increased on a one-time basis by 2.64 percent effective July 1, 2002.
(4) In accordance with Substitute House Bill No. 2242 (nursing home rates), the department shall issue certificates of capital authorization which result in up to $10 million of increased asset value completed and ready for occupancy in fiscal year 2003; in up to $27 million of increased asset value completed and ready for occupancy in fiscal year 2004; and in up to $27 million of increased asset value completed and ready for occupancy in fiscal year 2005.
(5) Adult day health services shall not be considered a duplication of services for persons receiving care in long-term care settings licensed under chapter 18.20, 72.36, or 70.128 RCW.
(6) Within funds appropriated in this section and in section 204 of this act, the aging and adult services program shall coordinate with and actively support the efforts of the mental health program and of the regional support networks to provide stable community living arrangements for persons with dementia and traumatic brain injuries who have been long-term residents of the state psychiatric hospitals. The aging and adult services program shall report to the health care and fiscal committees of the legislature by November 1, 2001, and by November 1, 2002, on the actions it has taken to achieve this objective.
(7) Within funds appropriated in this section and in section 204 of this act, the aging and adult services program shall devise and implement strategies in partnership with the mental health program and the regional support networks to reduce the use of state and local psychiatric hospitals for the short-term stabilization of persons with dementia and traumatic brain injuries. Such strategies may include training and technical assistance to help long-term care providers avoid and manage behaviors which might otherwise result in psychiatric hospitalizations; monitoring long-term care facilities to assure residents are receiving appropriate mental health care and are not being inappropriately medicated or hospitalized; the development of diversion beds and stabilization support teams; and the establishment of systems to track the use of psychiatric hospitals by long-term care providers. The aging and adult services program shall report to the health care and fiscal committees of the legislature by November 1, 2001, and by November 1, 2002, on the actions it has taken to achieve this objective.
(8) In accordance with Substitute House Bill No. 1341, the department may implement ((two)) a medicaid waiver program((s)) for persons who do not qualify for such services as categorically needy, subject to federal approval and the following conditions and limitations:
(a) ((One)) The waiver program shall include coverage of ((home-based services, and the second shall include coverage of)) care in community residential facilities. ((Enrollment in the waiver covering home-based services shall not exceed 150 persons by the end of fiscal year 2002, nor 200 persons by the end of fiscal year 2003.)) Enrollment in the waiver ((covering community residential services)) shall not exceed ((500)) 50 persons by the end of fiscal year 2002, nor ((900)) 600 persons by the end of fiscal year 2003.
(b) For each month of waiver service delivered to a person who was not covered by medicaid prior to their enrollment in the waiver, the aging and adult services program shall transfer to the medical assistance program state and federal funds equal to the monthly per capita expenditure amount, net of drug rebates, estimated for medically needy-aged persons in the most recent forecast of medical assistance expenditures.
(c) The department shall identify the number of medically needy nursing home residents, and enrollment and expenditures on ((each of)) the ((two)) medically needy waiver((s)), on monthly management reports.
(d) The department shall track and report to health care and fiscal committees of the legislature by November 15, 2002, on the types of long-term care support a sample of waiver participants were receiving prior to their enrollment in the waiver, how those services were being paid for, and an assessment of their adequacy.
(9) $50,000 of the general fund--state appropriation for fiscal year 2002 and $50,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for payments to any nursing facility licensed under chapter 18.51 RCW which meets all of the following criteria: (a) The nursing home entered into an arm's length agreement for a facility lease prior to January 1, 1980; (b) the lessee purchased the leased nursing home after January 1, 1980; and (c) the lessor defaulted on its loan or mortgage for the assets of the home after January 1, 1991, and prior to January 1, 1992. Payments provided pursuant to this subsection shall not be subject to the settlement, audit, or rate-setting requirements contained in chapter 74.46 RCW.
(10) $364,000 of the general fund--state appropriation for fiscal year 2002, $364,000 of the general fund--state appropriation for fiscal year 2003, and $740,000 of the general fund--federal appropriation are provided solely for payment of exceptional care rates so that persons with Alzheimer's disease and related dementias who might otherwise require nursing home or state hospital care can instead be served in boarding home-licensed facilities which specialize in the care of such conditions.
(11) From funds appropriated in this section, the department shall increase compensation for individual and for agency home care providers. Payments to individual home care providers are to be increased from $7.18 per hour to $7.68 per hour on July 1, 2001, and to $7.93 per hour on October 1, 2002. Payments to agency providers are to be increased to $13.30 per hour on July 1, 2001, and to $13.44 per hour on July 1, 2002, and to $13.72 on October 1, 2002. All but 18 cents per hour of the July 1, 2001, increase to agency providers, and all but 3 cents per hour of the October 1, 2002, increase, is to be used to increase wages for direct care workers. The appropriations in this section also include the funds needed for the employer share of unemployment and social security taxes on the amount of the wage increase required by this subsection. The October 1, 2002, wage increases for individual providers are subject to the collective bargaining provisions of Initiative Measure No. 775 (chapter 3, Laws of 2002).
(12) $2,507,000 of the general fund--state appropriation for fiscal year 2002, $2,595,000 of the general fund--state appropriation for fiscal year 2003, and $5,100,000 of the general fund--federal appropriation are provided solely for prospective rate increases intended to increase compensation by an average of fifty cents per hour for low-wage workers in agencies which contract with the state to provide community residential services for persons with functional disabilities. In consultation with the statewide associations representing such agencies, the department shall establish a mechanism for testing the extent to which funds have been used for this purpose, and report the results to the fiscal committees of the legislature by February 1, 2002. The amounts in this subsection also include the funds needed for the employer share of unemployment and social security taxes on the amount of the wage increase.
(13) $1,082,000 of the general fund--state appropriation for fiscal year 2002, $1,082,000 of the general fund--state appropriation for fiscal year 2003, and $2,204,000 of the general fund--federal appropriation are provided solely for prospective rate increases intended to increase compensation for low-wage workers in nursing homes which contract with the state. For fiscal year 2002, the department shall add forty-five cents per patient day to the direct care rate which would otherwise be paid to each nursing facility in accordance with chapter 74.46 RCW. For fiscal year 2003, the department shall increase the median price per case-mix unit for each of the applicable peer groups by six-tenths of one percent in order to distribute the available funds. In consultation with the statewide associations representing nursing facilities, the department shall establish a mechanism for testing the extent to which funds have been used for this purpose, and report the results to the fiscal committees of the legislature by February 1, 2002, and by December 1, 2002.
Sec. 207. 2001 2nd sp.s. c 7 s 207 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ECONOMIC SERVICES PROGRAM
General Fund--State Appropriation (FY 2002). . . . . . .$ ((436,440,000))
442,984,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((424,870,000))
394,974,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((1,356,351,000))
1,359,505,000
General Fund--Private/Local Appropriation. . . . . . . . .$ ((31,788,000))
33,880,000
TOTAL APPROPRIATION. . . $ ((2,249,449,000))
2,231,343,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($282,081,000)) $281,035,000 of the general fund--state appropriation for fiscal year 2002, (($278,277,000)) $277,231,000 of the general fund--state appropriation for fiscal year 2003, $1,254,197,000 of the general fund--federal appropriation, and (($29,352,000)) $31,444,000 of the general fund--local appropriation are provided solely for the WorkFirst program and child support operations. WorkFirst expenditures include TANF grants, diversion services, subsidized child care, employment and training, other WorkFirst related services, allocated field services operating costs, and allocated economic services program administrative costs. Within the amounts provided in this subsection, the department shall:
(a) Continue to implement WorkFirst program improvements that are designed to achieve progress against outcome measures specified in RCW 74.08A.410. Valid outcome measures of job retention and wage progression shall be developed and reported quarterly to appropriate fiscal and policy committees of the legislature for families who leave assistance, measured after 12 months, 24 months, and 36 months. An increased attention to job retention and wage progression is necessary to emphasize the legislature's goal that the WorkFirst program succeed in helping recipients gain long-term economic independence and not cycle on and off public assistance. The wage progression measure shall report the median percentage increase in quarterly earnings and hourly wage after 12 months, 24 months, and 36 months. The wage progression report shall also report the percent with earnings above one hundred percent and two hundred percent of the federal poverty level. The report shall compare former WorkFirst participants with similar workers who did not participate in WorkFirst. The department shall also report the percentage of families who have returned to temporary assistance for needy families after 12 months, 24 months, and 36 months.
(b) Develop informational materials that educate families about the difference between cash assistance and work support benefits. These materials must explain, among other facts, that the benefits are designed to support their employment, that there are no time limits on the receipt of work support benefits, and that immigration or residency status will not be affected by the receipt of benefits. These materials shall be posted in all community service offices and distributed to families. Materials must be available in multiple languages. When a family leaves the temporary assistance for needy families program, receives cash diversion assistance, or withdraws a temporary assistance for needy families application, the department of social and health services shall educate them about the difference between cash assistance and work support benefits and offer them the opportunity to begin or to continue receiving work support benefits, so long as they are eligible. The department shall provide this information through in-person interviews, over the telephone, and/or through the mail. Work support benefits include food stamps, medicaid for all family members, medicaid or state children's health insurance program for children, and child care assistance. The department shall report annually to the legislature the number of families who have had exit interviews, been reached successfully by phone, and been sent mail. The report shall also include the percentage of families who elect to continue each of the benefits and the percentage found ineligible by each substantive reason code. A substantive reason code shall not be "other." The report shall identify barriers to informing families about work support benefits and describe existing and future actions to overcome such barriers.
(c) From the amounts provided in this subsection, provide $50,000 from the general fund--state appropriation for fiscal year 2002 and $50,000 from the general fund--state appropriation for fiscal year 2003 to the Washington institute for public policy for continuation of the WorkFirst evaluation database.
(d) Submit a report by December 1, 2001, to the fiscal committees of the legislature containing a spending plan for the WorkFirst program. The plan shall identify how spending levels in the 2001-2003 biennium will be adjusted by June 30, 2003, to be sustainable within available federal grant levels and the carryforward level of state funds.
(e) Reduce funding contracted to the department of employment security in order to maintain funding for drug and alcohol treatment services designed to help TANF parents enter the job market and keep their jobs.
(f) Provide $878,000 of the general fund--federal appropriation for the comprehensive alcohol and drug treatment project.
(g) Allocate no more than $5,800,000 of the general fund--federal appropriation for job search and job placement services operated by the department of employment security.
(h) Eliminate funding contracted to the department of employment security for the WorkFirst post-employment labor exchange program.
(i) Provide $900,000 of the general fund--federal appropriation for indigent civil legal services.
(j) Increase childcare subsidy co-payments by no more than $2 per co-payment.
(k) Provide an additional $4,500,000 of the general fund--federal appropriation for community and technical colleges to fund parenting and family management skills development, other training programs, and enhanced childcare rates for families in those programs.
(l) Provide an additional $300,000 of the general fund--federal appropriation for after school programs for middle school youth.
(m) Provide $3,400,000 of the general fund--federal appropriation to the department of health for contracted services with local public health nurses to provide consultation and training to childcare providers caring for children with special needs.
(n) Provide $1,000,000 of the general fund--federal appropriation to contract out to a non-profit organization that provides hometown and college mentoring services and programs for low-income youth for the purposes of encouraging long-term self-sufficiency and family formation.
(2) (($48,341,000)) $54,623,000 of the general fund--state appropriation for fiscal year 2002 and (($48,341,000)) $44,431,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for cash assistance and other services to recipients in the general assistance--unemployable program. Within these amounts, the department may expend funds for services that assist recipients to reduce their dependence on public assistance, provided that expenditures for these services and cash assistance do not exceed the funds provided.
(3) $5,632,000 of the general fund--state appropriation for fiscal year 2002 and (($5,632,000)) $4,032,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the food assistance program for legal immigrants. The level of benefits shall be equivalent to the benefits provided by the federal food stamp program.
(4) $48,000 of the general fund--state appropriation for fiscal year 2002 is provided solely to implement chapter 111, Laws of 2001 (veterans/Philippines).
(5) The department shall apply the provisions of RCW 74.04.005(10) to simplify resource eligibility policy, make such policy consistent with other federal public assistance programs, and achieve the budgetary savings assumed in this section.
(6) It is the intent of the legislature that the department shall comply with federal requirements to maintain aggregate funding for supplemental security income (SSI) supplemental payments. Within the amount remaining in this section, SSI supplemental payments shall be used for current SSI recipients who have ineligible spouses.
Sec. 208. 2001 2nd sp.s. c 7 s 208 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ALCOHOL AND SUBSTANCE ABUSE PROGRAM
General Fund--State Appropriation (FY 2002). . . . . . .$ ((38,047,000))
35,851,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((38,938,000))
37,022,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((91,695,000))
91,549,000
General Fund--Private/Local Appropriation. . . . . . . . .$ 723,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((13,733,000))
13,427,000
Violence Reduction and Drug Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ ((52,510,000))
52,306,000
TOTAL APPROPRIATION. . . $ ((235,646,000))
230,878,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($1,610,000)) $810,000 of the general fund--state appropriation for fiscal year 2002 and $1,622,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for expansion of 35 drug and alcohol treatment beds for persons committed under RCW 70.96A.140. Patients meeting the commitment criteria of RCW 70.96A.140 but who voluntarily agree to treatment in lieu of commitment shall also be eligible for treatment in these additional treatment beds. The department shall develop specific placement criteria for these expanded treatment beds to ensure that this new treatment capacity is prioritized for persons incapacitated as a result of chemical dependency and who are also high utilizers of hospital services. These additional treatment beds shall be located in the eastern part of the state.
(2) (($2,800,000)) $1,000,000 of the public safety and education account--state appropriation is provided solely for expansion of treatment for persons gravely disabled by abuse and addiction to alcohol and other drugs including methamphetamine.
(3) $1,083,000 of the public safety and education account--state appropriation ((is)) and $75,000 of the violence reduction and drug enforcement account--state appropriation are provided solely for adult and juvenile drug courts that have a net loss of federal grant funding in state fiscal year 2002 and state fiscal year 2003. This appropriation is intended to cover approximately one-half of lost federal funding. ((It is the intent of the legislature to provide state assistance to counties to cover a part of lost federal funding for drug courts for a maximum of three years.))
(4) $1,993,000 of the public safety and education account--state appropriation and $951,000 of the general fund--federal appropriation are provided solely for drug and alcohol treatment for SSI clients. The department shall continue research and post-program evaluation of these clients to further determine the post-treatment utilization of medical services and the service effectiveness of consolidation.
(5) $500,000 of the violence reduction and drug enforcement account appropriation for fiscal year 2003 is provided solely for the department to provide treatment for pathological gambling or training for the treatment of pathological gambling under Second Substitute Senate Bill No. 6560 (shared game lottery). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
(6) Within the amounts appropriated in this section, funding is provided to implement Second Substitute House Bill No. 2338 or Substitute Senate Bill No. 6361 (drug offender sentencing).
Sec. 209. 2001 2nd sp.s. c 7 s 209 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MEDICAL ASSISTANCE PROGRAM
General Fund--State Appropriation (FY 2002). . . . . . .$ ((1,028,885,000))
1,081,150,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((1,130,904,000))
1,124,758,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((3,637,511,000))
3,621,077,000
General Fund--Private/Local Appropriation. . . . . . . . .$ ((276,147,000))
211,272,000
Emergency Medical Services and Trauma Care Systems
Trust Account--State Appropriation. . . . . . $ 9,200,000
Health Services Account--State Appropriation. . . . . . .$ ((1,043,310,000))
1,104,119,000
TOTAL APPROPRIATION. . . $ ((7,125,957,000))
7,151,576,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department shall increase its efforts to restrain the growth of health care costs. The appropriations in this section anticipate that the department implements a combination of cost containment and utilization strategies sufficient to reduce general fund--state costs by approximately 3 percent below the level projected for the 2001-03 biennium in the March 2001 forecast. The department shall report to the fiscal committees of the legislature by October 1, 2001, on its specific plans and semiannual targets for accomplishing these savings. The department shall report again to the fiscal committees by March 1, 2002, and by September 1, 2002, on actual performance relative to the semiannual targets. If satisfactory progress is not being made to achieve the targeted savings, the reports shall include recommendations for additional or alternative measures to control costs.
(2) The department shall continue to extend medicaid eligibility to children through age 18 residing in households with incomes below 200 percent of the federal poverty level.
(3) In determining financial eligibility for medicaid-funded services, the department is authorized to disregard recoveries by Holocaust survivors of insurance proceeds or other assets, as defined in RCW 48.104.030.
(4) $502,000 of the health services account appropriation, $400,000 of the general fund--private/local appropriation, and $1,676,000 of the general fund--federal appropriation are provided solely for implementation of Second Substitute House Bill No. 1058 (breast and cervical cancer treatment). If the bill is not enacted by June 30, 2001, or if private funding is not contributed equivalent to the general fund--private/local appropriation, the funds appropriated in this subsection shall lapse.
(5) $620,000 of the health services account appropriation for fiscal year 2002, $1,380,000 of the health services account appropriation for fiscal year 2003, and $2,000,000 of the general fund--federal appropriation are provided solely for implementation of a "ticket to work" medicaid buy-in program for working persons with disabilities, operated in accordance with the following conditions:
(a) To be eligible, a working person with a disability must have total income which is less than 450 percent of poverty;
(b) Participants shall participate in the cost of the program by paying (i) a monthly enrollment fee equal to fifty percent of any unearned income in excess of the medicaid medically needy standard; and (ii) a monthly premium equal to 5 percent of all unearned income, plus 5 percent of all earned income after disregarding the first sixty-five dollars of monthly earnings, and half the remainder;
(c) The department shall establish more restrictive eligibility standards than specified in this subsection to the extent necessary to operate the program within appropriated funds;
(d) The department may require point-of-service copayments as appropriate, except that copayments shall not be so high as to discourage appropriate service utilization, particularly of prescription drugs needed for the treatment of psychiatric conditions; and
(e) The department shall establish systems for tracking and reporting enrollment and expenditures in this program, and the prior medical assistance eligibility status of new program enrollees. The department shall additionally survey the prior and current employment status and approximate hours worked of program enrollees, and report the results to the fiscal and health care committees of the legislature by January 15, 2003.
(6) From funds appropriated in this section, the department shall design, implement, and evaluate pilot projects to assist individuals with at least three different diseases to improve their health, while reducing total medical expenditures. The projects shall involve (a) identifying persons who are seriously or chronically ill due to a combination of medical, social, and functional problems; and (b) working with the individuals and their care providers to improve adherence to state-of-the-art treatment regimens. The department shall report to the health care and the fiscal committees of the legislature by January 1, 2002, on the particular disease states, intervention protocols, and delivery mechanisms it proposes to test.
(7) Sufficient funds are appropriated in this section for the department to continue full-scope dental coverage, vision coverage, and podiatry services for medicaid-eligible adults.
(8) The legislature reaffirms that it is in the state's interest for Harborview medical center to remain an economically viable component of the state's health care system.
(9) $80,000 of the general fund--state appropriation for fiscal year 2002, $80,000 of the general fund--state appropriation for fiscal year 2003, and $160,000 of the general fund--federal appropriation are provided solely for the newborn referral program to provide access and outreach to reduce infant mortality.
(10) $30,000 of the general fund--state appropriation for fiscal year 2002, $31,000 of the general fund--state appropriation for fiscal year 2003, and $62,000 of the general fund--federal appropriation are provided solely for implementation of Substitute Senate Bill No. 6020 (dental sealants). If Substitute Senate Bill No. 6020 is not enacted by June 30, 2001, the amounts provided in this subsection shall lapse.
(11) In accordance with RCW 74.46.625, (($376,318,000)) $523,600,000 of the health services account appropriation ((for fiscal year 2002, $144,896,000 of the health services account appropriation for fiscal year 2003, and $542,089,000)) and $530,585,000 of the general fund--federal appropriation are provided solely for supplemental payments to nursing homes operated by rural public hospital districts. The payments shall be conditioned upon (a) a contractual commitment by the association of public hospital districts and participating rural public hospital districts to make an intergovernmental transfer to the state treasurer, for deposit into the health services account, equal to at least 98 percent of the supplemental payments; and (b) a contractual commitment by the participating districts to not allow expenditures covered by the supplemental payments to be used for medicaid nursing home rate-setting. The participating districts shall retain no more than a total of $20,000,000 for the 2001-03 biennium. If the medicare upper payment limit revenues referenced in this subsection are not received in an amount or within a time frame sufficient to support spending from the health services account, the governor shall take actions in accordance with RCW 43.88.110(8).
(12) (($38,690,000)) $38,766,000 of the health services account appropriation for fiscal year 2002, (($40,189,000)) $40,494,000 of the health services account appropriation for fiscal year 2003, and (($80,241,000)) $79,839,000 of the general fund--federal appropriation are provided solely for additional disproportionate share and medicare upper payment limit payments to public hospital districts.
(((a))) The payments shall be conditioned upon a contractual commitment by the participating public hospital districts to make an intergovernmental transfer to the health services account equal to at least 91 percent of the additional payments. At least 28 percent of the amounts retained by the participating hospital districts shall be allocated to the state's teaching hospitals.
(((b) An additional 4.5 percent of the additional payments may be retained by the participating public hospital districts contingent upon the receipt of $446,500,000 in newly identified proshare reimbursement from the federal government over the 2001-03 biennium. If the actual amount received is less than $446,500,000, the amount retained pursuant to this subsection (12)(b) shall be prorated accordingly. The state teaching hospitals shall receive a distribution of the amount retained by the participating hospital districts in this subsection (12)(b) as allocated in (a) of this subsection.))
(13) $412,000 of the general fund--state appropriation for fiscal year 2002, $862,000 of the general fund--state appropriation for fiscal year 2003, and $730,000 of the general fund--federal appropriation are provided solely for implementation of Substitute House Bill No. 1162 (small rural hospitals). If Substitute House Bill No. 1162 is not enacted by June 30, 2001, the amounts provided in this subsection shall lapse.
(14) The department may continue to use any federal money available to continue to provide medicaid matching funds for funds contributed by local governments for purposes of conducting eligibility outreach to children and underserved groups. The department shall ensure cooperation with the anticipated audit of the school districts' matchable expenditures for this program and advise the appropriate legislative fiscal committees of the findings.
(15) The department shall coordinate with the health care authority and with community and migrant health clinics to actively assist children and immigrant adults not eligible for medicaid to enroll in the basic health plan.
(16) $8,500,000 of the general fund--state appropriation for fiscal year 2002, or so much thereof as may be necessary, is provided solely for settlement of Providence St. Peter's Hospital et al. vs. Department of Social and Health Services.
(17) In consultation and coordination with the department of health, the department shall establish mechanisms to assure that the AIDS insurance program operates within budgeted levels. Such mechanisms shall include a system under which the state's contribution to the cost of coverage is adjusted on a sliding-scale basis.
(18) The department shall implement an academic detailing program that educates prescribers on the availability of generic versions of off-patent brand drugs. To the extent the net cost of generics, after accounting for rebates, is less than the off-patent drug, generics will be substituted, with the prescriber's approval, consistent with criteria developed by the department in consultation with the state medical association and the state pharmacists association.
(19) Within available resources, the department shall design and initiate a general assistance medical care management project in two counties, one in eastern Washington and one in western Washington. In designing the project, the department shall consult with the mental health division, migrant and community health centers, and any other managed care provider that has the capacity to offer coordinated medical and mental health care. The projects shall be designed in such a way that a designated provider network is established for general assistance clients so that care management can be maximized. The department shall report on the design of the pilot project to the policy and fiscal committees of the legislature by October 15, 2002.
Sec. 210. 2001 2nd sp.s. c 7 s 210 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--VOCATIONAL REHABILITATION PROGRAM
General Fund--State Appropriation (FY 2002). . . . . . .$ ((11,309,000))
11,135,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((9,780,000))
9,385,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((83,738,000))
82,235,000
General Fund--Private/Local Appropriation. . . . . . . . .$ 360,000
TOTAL APPROPRIATION. . . $ ((105,187,000))
103,115,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The division of vocational rehabilitation shall negotiate cooperative interagency agreements with state and local organizations to improve and expand employment opportunities for people with severe disabilities.
(2) The department shall actively assist participants in the employment support services program to obtain other employment or training opportunities over the course of fiscal year 2003.
Sec. 211. 2001 2nd sp.s. c 7 s 211 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ADMINISTRATION AND SUPPORTING SERVICES PROGRAM
General Fund--State Appropriation (FY 2002). . . . . . .$ ((30,444,000))
30,419,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((29,369,000))
22,419,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((50,562,000))
47,135,000
General Fund--Private/Local Appropriation. . . . . . . . .$ 810,000
TOTAL APPROPRIATION. . . $ ((111,185,000))
100,783,000
The appropriations in this section are subject to the following conditions and limitations:
(1) By November 1, 2001, the secretary shall report to the fiscal committees of the legislature on the actions the secretary has taken, or proposes to take, within current funding levels to resolve the organizational problems identified in the department's February 2001 report to the legislature on current systems for billing third-party payers for services delivered by the state psychiatric hospitals. The secretary is authorized to transfer funds from this section to the mental health program to the extent necessary to achieve the organizational improvements recommended in that report.
(2) By November 1, 2001, the department shall report to the fiscal committees of the legislature with the least costly plan for assuring that billing and accounting technologies in the state psychiatric hospitals adequately and efficiently comply with standards set by third-party payers. The plan shall be developed with participation by and oversight from the office of financial management, the department's information systems services division, and the department of information services.
(3) The department shall reconstitute the payment integrity program to place greater emphasis upon the prevention of future billing errors, ensure billing and administrative errors are treated in a manner distinct from allegations of fraud and abuse, and shall rename the program. In keeping with this revised focus, the department shall also increase to one thousand dollars the cumulative total of apparent billing errors allowed before a provider is contacted for repayment.
(4) By September 1, 2001, the department shall report to the fiscal committees of the legislature results from the payment review program. The report shall include actual costs recovered and estimated costs avoided for fiscal year 2001 and the costs incurred by the department to administer the program. The report shall document criteria and methodology used for determining avoided costs. In addition, the department shall seek input from health care providers and consumer organizations on modifications to the program. The department shall provide annual updates to the report to the fiscal committees of the legislature by September 1st of each year for the preceding fiscal year.
(5) The department shall implement reductions in administrative expenditures assumed in these appropriations that achieve ongoing savings, reduce duplicative and redundant work processes, and, where possible, eliminate entire administrative functions and offices. The department may transfer amounts among sections and programs to achieve these savings provided that reductions in direct services to clients and recipients of the department shall not be counted as administrative reductions. The department shall report to the appropriate committees of the legislature a spending plan to achieve these reductions by July 1, 2002, and shall report actual achieved administrative savings and projected saving for the remainder of the biennium by December 1, 2002.
Sec. 212. 2001 2nd sp.s. c 7 s 213 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ 6,655,000
((General Fund--State Appropriation (FY 2003). . . . . .$ 6,654,000))
State Health Care Authority Administrative
Account--State Appropriation. . .. . . . . . . .$ ((20,091,000))
20,032,000
Health Services Account--State Appropriation. . . . . . .$ ((499,148,000))
538,828,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((3,611,000))
4,240,000
Medical Aid Account--State Appropriation. . . . . . . . .$ 45,000
TOTAL APPROPRIATION. . . $ ((536,159,000))
569,800,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $6,551,000 of the general fund--state appropriation for fiscal year 2002 and $6,550,000 of the ((general fund)) health services account-- state appropriation for fiscal year 2003 are provided solely for health care services provided through local community clinics.
(2) Within funds appropriated in this section and sections 205 and 206 of this 2001 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 home care programs. Under this enhanced subsidy option, foster parents and home care 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.
(3) The health care authority shall require organizations and individuals which are paid to deliver basic health plan services and which choose to sponsor enrollment in the subsidized basic health plan to pay the following: (i) A minimum of fifteen dollars per enrollee per month for persons below 100 percent of the federal poverty level; and (ii) a minimum of twenty dollars per enrollee per month for persons whose family income is 100 percent to 125 percent of the federal poverty level.
(4) The health care authority shall solicit information from the United States office of personnel management, health plans, and other relevant sources, regarding the cost of implementation of mental health parity by the federal employees health benefits program in 2001. A progress report shall be provided to the senate and house of representatives fiscal committees by July 1, 2002, and a final report shall be provided to the legislature by November 15, 2002, on the study findings.
(5) The administrator shall take at least the following actions to assure that persons participating in the basic health plan are eligible for the level of assistance they receive: (a) Require submission of income tax returns and recent pay history from all applicants; (b) check employment security payroll records at least once every twelve months on all enrollees; (c) require enrollees whose income as indicated by payroll records exceeds that upon which their subsidy is based to document their current income as a condition of continued eligibility; (d) require enrollees for whom employment security payroll records cannot be obtained to document their current income at least once every six months; and (e) pursue repayment and civil penalties from persons who have received excessive subsidies, as provided in RCW 70.47.060(9).
(6) The health services account revenues generated by Initiative Measure No. 773 which are appropriated in this section shall be used to subsidize enrollments in excess of the 125,000 per month base enrollment level as follows:
(a) $20,000,000 is provided solely for enrollment in the subsidized basic health plan of persons who, solely by reason of their immigration status, are not eligible for medicaid coverage of their nonemergent medical care needs. From July 2002 to October 2002, opportunities for subsidized coverage will be offered on a phased-in basis to this group of persons. Any entity or organization may sponsor subsidized basic health plan enrollment.
(b) Beginning January 1, 2003, subsidized basic health plan coverage shall be offered on a phased-in basis to an additional 20,000 enrollees.
(7) $3,000,000 of the health services account--state appropriation for fiscal year 2003 is provided solely to increase the number of persons not eligible for medicaid receiving dental care from nonprofit community clinics, and for interpreter services to support dental and medical services for persons for whom interpreters are not available from any other source.
(8) The health care authority shall report to the fiscal committees of the legislature on the costs, benefits, and feasibility of implementing a system no later than January 1, 2004, under which the state's contribution to the cost of employee medical coverage would be graduated according to employee salary. Under the graduated system, employees in higher salary ranges would pay a larger share of the cost of their medical coverage, while those paid lower salaries would pay a smaller percentage of their premium. The report shall be prepared in consultation with the department of personnel and the state-supported colleges and universities, and shall be submitted to the fiscal committees no later than December 1, 2002.
(9) In consultation with the department of personnel and with the state-supported colleges and universities, the health care authority shall report to the fiscal committees of the legislature by October 1, 2002, a plan for expanding the availability and use of flexible spending account plans under which employees may set aside pretax earnings to cover their out-of-pocket medical costs. The authority is authorized to proceed with implementation of such a plan to the extent it can be accomplished within existing state funding levels.
(10) $685,000 of the health services account appropriation, $629,000 of the general fund--federal appropriation, and the medical aid account appropriation are provided solely for implementation of Substitute Senate Bill No. 6368 (prescription drug utilization and education). If the bill is not enacted by June 30, 2002, these amounts shall lapse.
Sec. 213. 2001 2nd sp.s. c 7 s 214 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ 2,688,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((2,700,000))
2,619,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ 1,544,000
General Fund--Private/Local Appropriation. . . . . . . . .$ 100,000
TOTAL APPROPRIATION. . . $ ((7,032,000))
6,951,000
Sec. 214. 2001 2nd sp.s. c 7 s 215 (uncodified) is amended to read as follows:
Worker and Community Right-to-Know Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 20,000
Accident Account--State Appropriation. . . . . . . . . . . .$ ((14,692,000))
14,798,000
Medical Aid Account--State Appropriation. . . . . . . . .$ ((14,694,000))
14,801,000
TOTAL APPROPRIATION. . . $ ((29,406,000))
29,619,000
Sec. 215. 2001 2nd sp.s. c 7 s 216 (uncodified) is amended to read as follows:
Municipal Criminal Justice Assistance Account--
Local Appropriation. .. . . . . . . . . . . . . . . . .$ 460,000
Death Investigations Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 148,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((18,439,000))
18,148,000
TOTAL APPROPRIATION. . . $ ((19,047,000))
18,756,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $124,000 of the public safety and education account appropriation is provided solely to allow the Washington association of sheriffs and police chiefs to increase the technical and training support provided to the local criminal justice agencies on the new incident-based reporting system and the national incident-based reporting system.
(2) $136,000 of the public safety and education account appropriation is provided solely to allow the Washington association of prosecuting attorneys to enhance the training provided to criminal justice personnel.
(3) (($22,000)) $19,000 of the public safety and education account appropriation is provided solely to increase payment rates for the criminal justice training commission's contracted food service provider.
(4) (($31,000)) $27,000 of the public safety and education account appropriation is provided solely to increase payment rates for the criminal justice training commission's contract with the Washington association of sheriffs and police chiefs.
(5) $65,000 of the public safety and education account appropriation is provided solely for regionalized training programs for school district and local law enforcement officials on school safety issues.
(6) (($233,000 of the public safety and education account appropriation is provided solely for training and equipping local law enforcement officers to respond to methamphetamine crime.
(7) $374,000 of the public safety and education account appropriation is provided solely for the implementation of House Bill No. 1062 (certification of peace officers). If the bill is not enacted by June 30, 2001, the amounts provided in this subsection shall lapse.
(8))) $450,000 of the public safety and education account appropriation is provided solely for grants to be distributed by the Washington association of sheriffs and police chiefs for electronic mapping of school facilities.
Sec. 216. 2001 2nd sp.s. c 7 s 217 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ ((7,738,000))
5,577,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((7,682,000))
5,517,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ 1,250,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((19,862,000))
18,292,000
Public Safety and Education Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 6,950,000
Public Safety and Education Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((4,200,000))
5,373,000
Asbestos Account--State Appropriation. . . . . . . . . . . .$ 688,000
Electrical License Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 28,412,000
Farm Labor Revolving Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 28,000
Worker and Community Right-to-Know Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 2,281,000
Public Works Administration Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 2,856,000
Accident Account--State Appropriation. . . . . . . . . . . .$ ((179,186,000))
184,219,000
Accident Account--Federal Appropriation. . . . . . . . . .$ 11,568,000
Medical Aid Account--State Appropriation. . . . . . . . .$ ((176,715,000))
183,666,000
Medical Aid Account--Federal Appropriation. . . . . . . $ 2,438,000
Plumbing Certificate Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((1,015,000))
1,111,000
Pressure Systems Safety Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((2,274,000))
2,525,000
TOTAL APPROPRIATION. . . $ ((455,143,000))
462,751,000
The appropriations in this section are subject to the following conditions and limitations:
(1) 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 contracts; or (c) other cost containment measures. Cost containment measures shall not include holding invoices received in one fiscal period for payment from appropriations in subsequent fiscal periods. No more than $5,248,000 of the public safety and education account appropriation shall be expended for department administration of the crime victims compensation program.
(2) (($1,438,000 of the accident account--state appropriation and $1,438,000 of the medical aid account--state appropriation are provided for the one-time cost of implementing a recent state supreme court ruling regarding the calculation of workers' compensation benefits. This decision significantly increases the complexity of calculating benefits and therefore increases the administrative and legal costs of the workers' compensation program. The department shall develop and report to appropriate committees of the legislature proposed statutory language that provides greater certainty and simplicity in the calculation of benefits. The report shall be submitted by October 1, 2001.
(3))) It is the intent of the legislature that elevator inspection fees shall fully cover the cost of the elevator inspection program. Pursuant to RCW 43.135.055, during the 2001-03 fiscal biennium the department may increase fees in excess of the fiscal growth factor, if the increases are necessary to fully fund the cost of the elevator inspection program.
(3) $300,000 of the medical aid account--state appropriation is provided for a second center of occupational health and education to be located on the east side of the state. These centers train physicians on best practices for occupational medicine and work with labor and business to improve the quality and outcomes of medical care provided to injured workers.
Sec. 217. 2001 2nd sp.s. c 7 s 218 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ 999,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((999,000))
969,000
TOTAL APPROPRIATION. . . $ ((1,998,000))
1,968,000
Sec. 218. 2001 2nd sp.s. c 7 s 219 (uncodified) is amended to read as follows:
(1) HEADQUARTERS
General Fund--State Appropriation (FY 2002). . . . . . .$ ((1,529,000))
1,577,000
General Fund--State Appropriation (FY 2003). . . . . . .$ 1,533,000
Charitable, Educational, Penal, and Reformatory
Institutions Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 7,000
TOTAL APPROPRIATION. . . $ ((3,069,000))
3,117,000
(2) FIELD SERVICES
General Fund--State Appropriation (FY 2002). . . . . . .$ 2,619,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((2,643,000))
2,580,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((155,000))
310,000
General Fund--Private/Local Appropriation. . . . . . . . .$ 1,663,000
TOTAL APPROPRIATION. . . $ ((7,080,000))
7,172,000
(3) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 2002). . . . . . .$ ((6,832,000))
5,765,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((4,600,000))
5,516,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((28,699,000))
27,437,000
General Fund--Private/Local Appropriation. . . . . . . . .$ ((25,614,000))
22,828,000
TOTAL APPROPRIATION. . . $ ((65,745,000))
61,546,000
The appropriations in this subsection are subject to the following terms and conditions: (($3,664,000)) $2,886,000 of the general fund--federal appropriation and (($7,377,000)) $5,639,000 of the general fund--local appropriation are provided solely for the department to acquire, establish, and operate a nursing facility dedicated to serving men and women from Washington who have served in the nation's armed forces.
NEW SECTION. Sec. 219. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
General Fund--State Appropriation (FY 2003). . . . . . . .$ 152,000
The appropriation in this section is subject to the following conditions and limitations: The general fund--state appropriation for fiscal year 2003 is provided for start-up costs of the home care quality authority, a new state agency established by the enactment of Initiative Measure No. 775.
Sec. 220. 2001 2nd sp.s. c 7 s 220 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ ((65,308,000))
57,337,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((66,941,000))
54,940,000
Health Services Account--State Appropriation. . . . . . .$ ((24,186,000))
33,520,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((276,840,000))
297,352,000
General Fund--Private/Local Appropriation. . . . . . . . .$ ((81,526,000))
82,912,000
Hospital Commission Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((1,718,000))
2,305,000
Health Professions Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((38,456,000))
39,374,000
Emergency Medical Services and Trauma Care Systems
Trust Account--State Appropriation. . . . . . $ 14,858,000
Safe Drinking Water Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((2,701,000))
2,689,000
Drinking Water Assistance Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((13,400,000))
13,376,000
Waterworks Operator Certification--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 622,000
Salmon Recovery Account--State Appropriation. . . . . $ 182,000
Water Quality Account--State Appropriation. . . . . . . . . . . . . . . . .$ ((3,328,000))
3,304,000
Accident Account--State Appropriation. . . . . . . . . . . .$ 257,000
Medical Aid Account--State Appropriation. . . . . . . . .$ 45,000
State Toxics Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((2,817,000))
2,809,000
Medical Test Site Licensure Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((1,369,000))
1,801,000
Youth Tobacco Prevention Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 1,797,000
Tobacco Prevention and Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((34,992,000))
43,737,000
TOTAL APPROPRIATION. . . $ ((631,161,000))
653,217,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department or any successor agency is authorized to raise existing fees charged to the drinking water operator certification, newborn screening, radioactive materials, x-ray compliance, drinking water plan review, midwifery, hearing and speech, veterinarians, psychologists, pharmacists, hospitals, podiatrists, ((and)) home health and home care, transient accommodations licensing, adult residential rehabilitation facilities licensing, state institution licensing, medical test site licensing, alcoholism treatment facilities licensing, certificate of need, and food handlers programs, in excess of the fiscal growth factor established by Initiative Measure No. 601, if necessary, to meet the actual costs of conducting business and the appropriation levels in this section.
(2) $339,000 of the general fund--state appropriation for fiscal year 2002 ((and $339,000)), $157,000 of the general fund--state appropriation for fiscal year 2003, and the salmon recovery account appropriation are provided solely for technical assistance to local governments and special districts on water conservation and reuse.
(3) $1,675,000 of the general fund--state fiscal year 2002 appropriation and $1,676,000 of the general fund--state fiscal year 2003 appropriation are provided solely for the implementation of the Puget Sound water work plan and agency action items, DOH-01, DOH-02, DOH-03, and DOH-04.
(4) The department of health shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation that provides appropriation authority, and an equal amount of appropriated state moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(5) (($5,779,000)) $19,778,000 of the health services account--state appropriation ((for fiscal year 2002 and $4,665,000 of the health services account--state appropriation for fiscal year 2003 are)) is provided solely for ((purchase and distribution of the pneumococcal conjugate vaccine as part of)) the state's program of universal access to essential childhood vaccines. The department shall utilize all available federal funding before expenditure of these funds.
(6) $85,000 of the general fund--state appropriation for fiscal year 2002 and $65,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the implementation of Substitute House Bill No. 1365 (infant and child products). If the bill is not enacted by June 30, 2001, the amounts provided in this subsection shall lapse.
(7) (($58,000 of the general fund--state appropriation for fiscal year 2002 and $25,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the implementation of Second Substitute House Bill No. 1590 (breastfeeding). If the bill is not enacted by June 30, 2001, the amounts provided in this subsection shall lapse.
(8))) From funds appropriated in this section, the state board of health shall convene a broadly-based task force to review the available information on the potential risks and benefits to public and personal health and safety, and to individual privacy, of emerging technologies involving human deoxyribonucleic acid (DNA). The board may reimburse task force members for travel expenses according to RCW 43.03.220. The task force shall consider information provided to it by interested persons on: (a) The incidence of discriminatory actions based upon genetic information; (b) strategies to safeguard civil rights and privacy related to genetic information; (c) remedies to compensate individuals for inappropriate use of their genetic information; and (d) incentives for further research and development on the use of DNA to promote public health, safety, and welfare. The task force shall report on its findings and any recommendations to appropriate committees of the legislature by October 1, 2002.
(((9))) (8) $533,000 of the general fund--state appropriation for fiscal year 2002 and (($1,067,000)) $847,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for performance-based contracts with local jurisdictions to assure the safety of drinking water provided by small "group B" water systems.
(9) By October 1, 2002, the department shall establish mechanisms to assure that the HIV early intervention services program operates within appropriated levels. This shall include a system under which the state's contribution to the cost of care is adjusted on a sliding-scale basis.
(10) By December 1, 2002, the department shall report to appropriate committees of the legislature with a feasibility analysis of implementing an electronic filing system for death certificates. The study shall be conducted in consultation and cooperation with local and state registrars, funeral directors, and physicians, and shall include an analysis of applying an additional fee to death certificates to cover the cost of developing and operating the electronic system.
Sec. 221. 2001 2nd sp.s. c 7 s 221 (uncodified) is amended to read as follows:
The appropriations to the department of corrections in this act shall be expended for the programs and in the amounts specified herein. However, after May 1, 2002, after approval by the director of financial management and unless specifically prohibited by this act, the department may transfer general fund--state appropriations for fiscal year 2002 between programs. The director of financial management shall notify the appropriate fiscal committees of the senate and house of representatives in writing prior to approving any deviations from appropriation levels.
(1) ADMINISTRATION AND SUPPORT SERVICES
General Fund--State Appropriation (FY 2002). . . . . . .$ ((36,156,000))
36,786,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((36,365,000))
36,434,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 1,576,000
Violence Reduction and Drug Enforcement
Account Appropriation. . . . . . . . . . . . . . . .$ 3,254,000
TOTAL APPROPRIATION. . . $ ((77,351,000))
78,050,000
The appropriations in this subsection are subject to the following conditions and limitations: $4,623,000 of the general fund--state appropriation for fiscal year 2002, $4,623,000 of the general fund--state appropriation for fiscal year 2003, and $3,254,000 of the violence reduction and drug enforcement account appropriation are provided solely for the replacement of the department's offender-based tracking system. This amount is conditioned on the department satisfying the requirements of section 902 of this act. The department shall prepare an assessment of the fiscal impact of any changes to the replacement project. The assessment shall:
(a) Include a description of any changes to the replacement project;
(b) Provide the estimated costs for each component in the 2001-03 and subsequent biennia;
(c) Include a schedule that provides the time estimated to complete changes to each component of the replacement project; and
(d) Be provided to the office of financial management, the department of information services, the information services board, and the staff of the fiscal committees of the senate and the house of representatives no later than November 1, 2002.
(2) CORRECTIONAL OPERATIONS
General Fund--State Appropriation (FY 2002). . . . . . .$ ((397,231,000))
404,390,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((407,078,000))
412,788,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((12,096,000))
9,142,000
Violence Reduction and Drug Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ ((1,614,000))
1,596,000
Public Health Services Account Appropriation. . . . . . $ 1,453,000
TOTAL APPROPRIATION. . . $ ((819,472,000))
829,369,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The department may expend funds generated by contractual agreements entered into for mitigation of severe overcrowding in local jails. Any funds generated in excess of actual costs shall be deposited in the state general fund. Expenditures shall not exceed revenue generated by such agreements and shall be treated as recovery of costs.
(b) 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.
(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) $553,000 of the general fund--state appropriation for fiscal year 2002 and (($1,171,000)) $956,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to increase payment rates for contracted education providers, contracted chemical dependency providers, and contracted work release facilities.
(e) During the 2001-03 biennium, when contracts are established or renewed for offender pay phone and other telephone services provided to inmates, the department shall select the contractor or contractors primarily based on the following factors: (i) The lowest rate charged to both the inmate and the person paying for the telephone call; and (ii) the lowest commission rates paid to the department, while providing reasonable compensation to cover the costs of the department to provide the telephone services to inmates and provide sufficient revenues for the activities funded from the institutional welfare betterment account as of January 1, 2000.
(f) For the acquisition of properties and facilities, the department of corrections is authorized to enter into financial contracts, paid for from operating resources, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. This authority applies to the following: Lease-develop with the option to purchase or lease-purchase approximately 50 work release beds in facilities throughout the state for $3,500,000.
(g) $22,000 of the general fund--state appropriation for fiscal year 2002 and $76,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the implementation of Second Substitute Senate Bill No. 6151 (high risk sex offenders in the civil commitment and criminal justice systems). If the bill is not enacted by June 30, 2001, the amounts provided in this subsection shall lapse.
(h) The department may acquire a ferry for no more than $1,000,000 from Washington state ferries. Funds expended for this purpose will be recovered from the sale of marine assets.
(i) $53,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for the implementation of Engrossed Substitute Senate Bill No. 6490 (motor vehicle theft). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
(j) Within the amounts appropriated in this section, funding is provided for the initial implementation of a medical algorithm practice program within the department's facilities. The program shall be designed to achieve clinical efficacy and costs efficiency in the utilization of psychiatric drugs.
(3) COMMUNITY SUPERVISION
General Fund--State Appropriation (FY 2002). . . . . . .$ ((61,427,000))
68,097,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((62,934,000))
75,720,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((1,125,000))
870,000
Public Safety and Education
Account--State Appropriation. . .. . . . . . . .$ ((15,841,000))
15,493,000
TOTAL APPROPRIATION. . . $ ((141,327,000))
160,180,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) 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.
(b) $75,000 of the general fund--state appropriation for fiscal year 2002 and $75,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the department of corrections to contract with the institute for public policy for responsibilities assigned in chapter 196, Laws of 1999 (offender accountability act) and sections 7 through 12 of chapter 197, Laws of 1999 (drug offender sentencing).
(c) $16,000 of the general fund--state appropriation for fiscal year 2002 and (($34,000)) $28,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to increase payment rates for contracted chemical dependency providers.
(d) $30,000 of the general fund--state appropriation for fiscal year 2002 and $30,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the implementation of Substitute Senate Bill No. 5118 (interstate compact for adult offender supervision). If the bill is not enacted by June 30, 2001, the amounts provided in this subsection shall lapse.
(4) CORRECTIONAL INDUSTRIES
General Fund--State Appropriation (FY 2002). . . . . . .$ 631,000
General Fund--State Appropriation (FY 2003). . . . . . .$ 629,000
TOTAL APPROPRIATION. . . $ 1,260,000
The appropriations in this subsection are subject to the following conditions and limitations: $110,000 of the general fund--state appropriation for fiscal year 2002 and $110,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for transfer to the jail industries board. The board shall use the amounts provided only for administrative expenses, equipment purchases, and technical assistance associated with advising cities and counties in developing, promoting, and implementing consistent, safe, and efficient offender work programs.
(5) INTERAGENCY PAYMENTS
General Fund--State Appropriation (FY 2002). . . . . . .$ 18,568,000
General Fund--State Appropriation (FY 2003). . . . . . .$ 18,569,000
TOTAL APPROPRIATION. . . $ 37,137,000
Sec. 222. 2001 2nd sp.s. c 7 s 222 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ ((1,693,000))
1,652,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((1,628,000))
1,588,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((11,140,000))
12,643,000
General Fund--Private/Local Appropriation. . . . . . . . .$ 80,000
TOTAL APPROPRIATION. . . $ ((14,541,000))
15,963,000
The appropriations in this section are subject to the following conditions and limitations: $50,000 of the general fund--state appropriation for fiscal year 2002 and $50,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to increase state assistance for a comprehensive program of training and support services for persons who are both deaf and blind.
Sec. 223. 2001 2nd sp.s. c 7 s 223 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ 936,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((857,000))
832,000
TOTAL APPROPRIATION. . . $ ((1,793,000))
1,768,000
The appropriations in this section are subject to the following conditions and limitations:
$78,000 of the general fund--state appropriation for fiscal year 2002 is provided solely for the sentencing guidelines commission to conduct a comprehensive review and evaluation of state sentencing policy. The review and evaluation shall include an analysis of whether current sentencing ranges and standards, as well as existing mandatory minimum sentences, existing sentence enhancements, and special sentencing alternatives, are consistent with the purposes of the sentencing reform act as set out in RCW 9.94A.010, including the intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement for the nonviolent offender. The review and evaluation shall also examine whether current sentencing ranges and standards are consistent with existing corrections capacity.
The review and evaluation shall consider studies on the cost-effectiveness of sentencing alternatives, as well as the fiscal impact of sentencing policies on state and local government. In conducting the review and evaluation, the commission shall consult with the superior court judges' association, the Washington association of prosecuting attorneys, the Washington defenders' association, the Washington association of criminal defense lawyers, the Washington association of sheriffs and police chiefs, organizations representing crime victims, and other organizations and individuals with expertise and interest in sentencing policy.
Not later than December 1, 2001, the commission shall present to the appropriate standing committees of the legislature the report of its comprehensive review and evaluation, together with any recommendations for revisions and modifications to state sentencing policy, including sentencing ranges and standards, mandatory minimum sentences, and sentence enhancements. If implementation of the recommendations of the commission would result in exceeding the capacity of correctional facilities, the commission shall at the same time present to the legislature a list of revised standard sentence ranges which are consistent with currently authorized rated and operational corrections capacity, and consistent with the purposes of the sentencing reform act.
Sec. 224. 2001 2nd sp.s. c 7 s 224 (uncodified) is amended to read as follows:
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ 180,628,000
General Fund--Private/Local Appropriation. . . . . . . . .$ 30,119,000
Unemployment Compensation Administration Account--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((181,677,000))
194,167,000
Administrative Contingency Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((13,914,000))
15,514,000
Employment Service Administrative Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 20,001,000
TOTAL APPROPRIATION. . . $ ((426,339,000))
440,429,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $156,000 of the unemployment compensation administration account is provided solely for the implementation of Substitute House Bill No. 2355 (unemployment insurance). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
(2) Up to $1,600,000 of the administrative contingency account--state appropriation is provided solely for administrative costs related to the implementation of Engrossed House Bill No. 2901 (unemployment insurance). If the bill is not enacted by June 30, 2002, the amount provided in this subsection shall lapse.
PART III
NATURAL RESOURCES
Sec. 301. 2001 2nd sp.s. c 7 s 301 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ 398,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((391,000))
379,000
General Fund--Private/Local Appropriation. . . . . . . . .$ 749,000
TOTAL APPROPRIATION. . . $ ((1,538,000))
1,526,000
The appropriations in this section are subject to the following conditions and limitations: $40,000 of the general fund--state appropriation for fiscal year 2002 and $40,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to implement the scenic area management plan for Klickitat county. If Klickitat county adopts an ordinance to implement the scenic area management plan in accordance with the national scenic area act, P.L. 99-663, then the amounts provided in this subsection shall be provided as a grant to Klickitat county to implement its responsibilities under the act.
Sec. 302. 2001 2nd sp.s. c 7 s 302 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ ((46,633,000))
39,404,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((44,481,000))
34,283,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ 56,805,000
General Fund--Private/Local Appropriation. . . . . . . . .$ 4,351,000
Special Grass Seed Burning Research Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ 14,000
Reclamation Revolving Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((1,810,000))
1,935,000
Flood Control Assistance Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ 4,098,000
State Emergency Water Projects Revolving Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ 878,000
Waste Reduction/Recycling/Litter Control Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ ((13,537,000))
14,287,000
State Drought Preparedness Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((5,325,000))
2,575,000
Salmon Recovery Account--State Appropriation. . . . . $ 250,000
State and Local Improvements Revolving Account
(Water Supply Facilities)--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 587,000
Water Quality Account--State Appropriation. . . . . . . . . . . . . . . . .$ ((12,481,000))
22,985,000
Wood Stove Education and Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ 353,000
Worker and Community Right-to-Know Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ 3,288,000
State Toxics Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((68,931,000))
70,001,000
State Toxics Control Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 350,000
Local Toxics Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 4,751,000
Water Quality Permit Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((23,827,000))
24,210,000
Underground Storage Tank Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 2,682,000
Environmental Excellence Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 504,000
Biosolids Permit Account--State Appropriation. . . . . .$ ((589,000))
764,000
Hazardous Waste Assistance Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 4,308,000
Air Pollution Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((1,066,000))
1,366,000
Oil Spill Prevention Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 7,921,000
Air Operating Permit Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 3,608,000
Freshwater Aquatic Weeds Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 1,898,000
Oil Spill Response Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 7,078,000
Metals Mining Account--State Appropriation. . . . . . . $ 5,000
Water Pollution Control Revolving Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ ((467,000))
536,000
Water Pollution Control Revolving Account--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,316,000))
2,802,000
TOTAL APPROPRIATION. . . $ ((324,942,000))
318,877,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $3,874,000 of the general fund--state appropriation for fiscal year 2002, $3,874,000 of the general fund--state appropriation for fiscal year 2003, $394,000 of the general fund--federal appropriation, $2,070,000 of the oil spill prevention account--state appropriation, and $3,686,000 of the water quality permit account--state appropriation are provided solely for the implementation of the Puget Sound work plan and agency action items DOE-01, DOE-02, DOE-03, DOE-05, DOE-06, DOE-07, DOE-08, and DOE-09.
(2) $500,000 of the state toxics control account appropriation is provided for an assessment of the financial assurance requirements of hazardous waste management facilities. By September 30, 2002, the department shall provide to the governor and appropriate committees of the legislature a report that: (a) Evaluates current statutes and regulations governing hazardous waste management facilities; (b) analyzes and makes recommendations for improving financial assurance regulatory control; and (c) makes recommendations for funding financial assurance regulatory control of hazardous waste management facilities.
(3) (($250,000 of the general fund--state appropriation for fiscal year 2002, $250,000 of the general fund--state appropriation for fiscal year 2003, $564,000)) $814,000 of the state drought preparedness account--state appropriation, ((and)) $549,000 of the water quality account--state appropriation, and $250,000 of the salmon recovery account--state appropriation are provided solely for enhanced streamflow monitoring in critical salmon recovery basins. $640,000 of this amount is provided solely to implement the Puget Sound work plan and agency action item DOE-01.
(4) $1,000,000 of the state toxics control account appropriation in this section is provided solely for the department to work in cooperation with local jurisdictions to address emerging storm water management requirements. This work shall include developing a storm water manual for eastern Washington, technical assistance to local jurisdictions, and increased implementation of the department's existing storm water program. $200,000 of this amount is provided solely for implementation of the Puget Sound work plan and agency action item DOE-06.
(5) $383,000 of the general fund--state appropriation for fiscal year 2002 and $383,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for water conservation plan review, technical assistance, and project review for water conservation and reuse projects. By December 1, 2003, the department in cooperation with the department of health shall report to the governor and appropriate committees of the legislature on the activities and achievements related to water conservation and reuse during the past two biennia. The report shall include an overview of technical assistance provided, reuse project development activities, and water conservation achievements.
(6) $3,424,000 of the state toxics control account appropriation is provided solely for methamphetamine lab clean up activities.
(7)(a) $800,000 of the state toxics control account appropriation is provided solely to implement the department's persistent, bioaccumulative toxic chemical strategy. (($54,000 of this amount shall be allocated to the department of health to assist with this effort.))
(b) In developing its persistent bioaccumulative toxic chemical strategy, the department must:
(i) First develop a planned strategy for the reduction of mercury from the environment. This strategy will be known as the mercury chemical action plan. The development of the mercury chemical action plan will be a model for developing all future chemical action plans;
(ii) Develop a mercury chemical action plan that includes, but is not limited to: (A) Identifying current mercury uses in Washington; (B) analyzing current state and federal laws, regulations, rules, and voluntary measures that can be used to reduce or eliminate mercury; (C) identifying mercury reduction and elimination options; and (D) implementing actions to reduce or eliminate mercury uses and releases;
(iii) Involve an advisory committee of up to twelve members composed of adequate and balanced representation of local government, business, agriculture, and environmental, public health, and community groups in the development of the mercury chemical action plan. In addition, the department must invite and strongly encourage any interested tribes or federal agencies to participate in the advisory committee process. The advisory committee must be involved in the development of the mercury chemical action plan. All information that will serve as the basis for any decisions in the mercury chemical action plan's development must be available to the advisory committee members. The advisory committee has sixty days to provide input to the department on the elements of the mercury chemical action plan. The comments and suggestions made by the advisory committee must be considered by the department; however, consensus of the advisory committee is not necessary for the department to move forward in the development of the mercury chemical action plan. All meetings of the advisory committee are subject to the provisions of chapter 42.30 RCW. The advisory committee for the mercury chemical action plan must be established by April 15, 2002;
(iv) By August 31, 2002, develop and issue a draft mercury chemical action plan in consultation with the advisory committee. Following the release of the draft plan, the department must allow for a sixty-day public comment period. The advisory committee, following the comment period, shall consider the public comments received; and
(v) The department shall finalize the mercury chemical action plan by December 31, 2002. The final mercury chemical action plan, developed after considering the public comments and the input of the advisory committee, must outline actions for the department to take, including, but not limited to, the development of any rules and recommending any legislation. Implementation must begin no later than February 1, 2003.
(8) Up to $11,365,000 of the state toxics control account appropriation is provided for the remediation of contaminated sites. Of this amount, up to $2,000,000 may be used to pay existing site remediation liabilities owed to the federal environmental protection agency for clean-up work that has been completed. The department shall carefully monitor actual revenue collections into the state toxics control account, and is authorized to limit actual expenditures of the appropriation provided in this section consistent with available revenue.
(9) $200,000 of the state toxics control account appropriation is provided to assess the effectiveness of the state's current toxic pollution prevention and dangerous waste programs and policies. The department shall work with affected stakeholder groups and the public to evaluate the performance of existing programs, and identify feasible methods of reducing the generation of these wastes. The department shall report its findings to the governor and the appropriate committees of the legislature by September 30, 2002.
(10) $1,200,000 of the state toxics control account appropriation is provided solely for the department, in conjunction with affected local governments, to address emergent areawide soil contamination problems. The department's efforts will include public involvement processes and completing assessments of the geographical extent of toxic contamination including highly contaminated areas.
(11) $170,000 of the oil spill prevention 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 to develop an educational program targeted to small spills from commercial fishing vessels, ferries, cruise ships, ports, and marinas.
(12) $1,500,000 of the general fund--state appropriation for fiscal year 2002, $1,500,000 of the general fund--state appropriation for fiscal year 2003, and $3,000,000 of the water quality account appropriation are provided solely to implement chapter 237, Laws of 2001 (Engrossed Substitute House Bill No. 1832, water resources management) and to support the processing of applications for changes and transfers of existing water rights.
(13) (($4,500,000 of the general fund--state appropriation for fiscal year 2002 and $4,500,000 of the general fund--state appropriation for fiscal year 2003 are)) $9,000,000 of the water quality account--state appropriation is provided solely for grants to local governments to conduct watershed planning and technical assistance. At least $7,000,000 shall be distributed as grants and shall include $200,000 for facilitation of the central Puget Sound regional initiative.
(14) $3,114,000 of the water quality account appropriation is provided solely to implement Engrossed Substitute House Bill No. 1832 (water resources management). Of this amount: (a) (($2,100,000)) $1,200,000 is provided for grants to local governments for targeted watershed assessments consistent with Engrossed Substitute House Bill No. 1832; and (b) the remainder of the funding is provided solely for development of a state environmental policy act template to streamline environmental review, creation of a blue ribbon panel to develop long-term watershed planning implementation funding options, and technical assistance.
(((18))) (15) $200,000 of the water quality account appropriation is provided solely to provide coordination and assistance to groups established for the purpose of protecting, enhancing, and restoring the biological, chemical, and physical processes of watersheds. These groups may include those involved in coordinated resource management, regional fisheries enhancement groups, conservation districts, watershed councils, and private nonprofit organizations incorporated under Title 24 RCW.
(((19))) (16) $325,000 of the state drought preparedness account--state appropriation is provided solely for an environmental impact statement of the Pine Hollow reservoir project to be conducted in conjunction with the local irrigation district.
(((20) $1,700,000)) (17) $1,352,000 of the general fund--state appropriation for fiscal year 2002, $700,000 of the general fund--state appropriation for fiscal year 2003, $700,000 of the water quality account appropriation, and $280,000 of the oil spill prevention account appropriation are provided solely for oil spill prevention measures in Puget Sound. Of these amounts:
(a) The general fund appropriation ((is)) and the water quality account appropriation are provided solely for the department of ecology to provide for charter safety tug services((. Safety tug services shall include: (i))), including the placement of a dedicated tug at Neah Bay for not less than 200 days in fiscal year 2002((; and (ii) other safety tug services that may be released by the department at the request of the United States coast guard captain of the port for Puget Sound to the areas or incidents that the department deems to be of highest concern)) and fiscal year 2003. By January 10, 2002, the department shall report to the appropriate committees of the legislature regarding the number of dispatches, response time and distance, and other factors pertaining to the safety tug services. The general fund--state appropriation in this subsection is provided solely for implementation of the Puget Sound work plan and agency action item DOE-09;
(b) $100,000 of the oil spill prevention account appropriation is provided solely for the department to conduct a vessel transponder feasibility study for Washington waters and undertake a trial vessel tracking program using transponders. In conducting the feasibility study and trial program, the department of ecology shall consult with state pilotage authorities, the maritime industry and the United States coast guard; and
(c) $180,000 of the oil spill prevention account appropriation is provided solely to acquire vessel incident reporting information.
The governor shall request the federal government to provide ongoing resources to station a dedicated rescue tug at Neah Bay.
(((21))) (18) $600,000 of the water quality account--state appropriation is provided solely for setting instream flows in six basins not currently planning under the watershed planning act.
(19) $200,000 of the water quality account appropriation is provided solely for activities associated with development of the Willapa River total maximum daily load (TMDL). The activities shall include but are not limited to: (a) A contract with Pacific county to complete the oxygen/bacteria and temperature model for the TMDL, conduct a technical analysis of local options for waste load allocations, and develop the first draft of the waste load allocation plan; and (b) a contract for facilitation services for a public process for the TMDL, assist in reaching consensus between parties involved in the technical work, help ensure that there is an accurate public record, and provide a forum for the waste load allocation.
(20) $175,000 of the biosolids permit account is provided solely to develop a statewide septage strategy. The department shall work with affected stakeholders to address septage permit requirements, changes to existing rules, clarification of state and local responsibilities, and fee structure changes that are necessary to support the program in future biennia. The department shall report its findings to the governor and appropriate committees of the legislature by June 30, 2003.
(21) $189,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for facilitation services and the following activities:
(a)(i) A joint task force is created to study judicial and administrative alternatives for resolving water disputes. The task force shall be organized and led by the office of the attorney general. In addition to the office of the attorney general, members of the task force shall include:
(A) Representatives of the legislature, including one member from each caucus appointed by the president of the senate and the speaker of the house of representatives;
(B) Representatives of the superior courts appointed by the president of the superior court judges association, and shall include two judicial officers of the superior court from eastern Washington and two judicial officers of the superior court from western Washington;
(C) A representative of the state court of appeals appointed by the chief justice of the state supreme court;
(D) A representative of the environmental hearings office; and
(E) A representative of the department of ecology.
(ii) The objectives of the task force are to:
(A) Examine and characterize the types of water disputes to be resolved;
(B) Examine the approach of other states to water dispute resolution;
(C) Recommend one or more methods to resolve water disputes, including, but not limited to, an administrative resolution process; a judicial resolution process such as water court; or any combination thereof; and
(D) Recommend an implementation plan that will address:
(I) A specific administrative structure for each method used to resolve water disputes;
(II) The cost to implement the plan; and
(III) The changes to statutes and administrative rules necessary to implement the plan.
(iii) The office of the attorney general shall work with the staff of the standing committees of the legislature with jurisdiction over water resources to research and compile information relevant to the mission of the task force by December 31, 2002.
(iv) The task force shall submit its report to the appropriate committees of the legislature no later than December 30, 2003.
(b) The department of ecology and the attorney general's office shall conduct a study to identify possible ways to streamline the water right general adjudication procedures. By December 1, 2002, the agencies will report on their findings and recommendations to the legislature.
(c)(i) The legislature finds that it is in the public interest to investigate the feasibility of conducting negotiations with other states and Canada regarding use of water bodies they share with the state of Washington.
(ii) The governor, or the governor's designee, shall consult with the states that share water bodies with the state of Washington, with Canada, and with other states that have conducted similar negotiations, regarding issues and strategies in those negotiations and shall report to the standing committees of the legislature having jurisdiction over water resources by January 1, 2003.
(iii) In conducting the consultations under this subsection (c), the governor shall give priority consideration to the interstate issues affecting the Spokane-Rathdrum Prairie aquifer including those issues affecting a safe and adequate supply of public drinking water, as provided by municipal governments.
(d) By October 1, 2002, the department of ecology shall provide to the appropriate standing committees of the legislature, a plan, schedule, and budget for improving the administration of water right records held by the department of ecology. The department of ecology shall work with the department of revenue and with county auditors in developing recommendations for improving the administration of water rights ownership information and integrating this information with real property ownership records. The department of ecology shall evaluate the need for grants to counties to assist with recording and information management needs related to water rights ownership and title.
(22) For applicants that meet eligibility requirements, the department of ecology shall consider individual stormdrain treatment systems to be classified as "activity" projects and eligible for grant funding provided under section 319 the federal Clean Water Act. These projects shall be prioritized for funding along with other grant proposals. Receipt of funding shall be based on this prioritization.
Sec. 303. 2001 2nd sp.s. c 7 s 303 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ ((32,298,000))
32,198,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((32,866,000))
30,340,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ 2,690,000
General Fund--Private/Local Appropriation. . . . . . . . .$ 60,000
Winter Recreation Program Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((787,000))
1,087,000
Off Road Vehicle Account--State Appropriation. . . . . $ 274,000
Snowmobile Account--State Appropriation. . . . . . . . .$ 4,682,000
Aquatic Lands Enhancement Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 337,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((48,000))
47,000
Salmon Recovery Account--State Appropriation. . . . . $ 200,000
Water Trail Program Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 24,000
Parks Renewal and Stewardship Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ ((26,420,000))
27,193,000
TOTAL APPROPRIATION. . . $ ((100,486,000))
99,132,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Fees approved by the state parks and recreation commission in the 2001-03 biennium are authorized to exceed the fiscal growth factor under RCW 43.135.055.
(2) The state parks and recreation commission, in collaboration with the office of financial management and legislative staff, shall develop a cost-effective and readily accessible approach for reporting revenues and expenditures at each state park. The reporting system shall be complete and operational by December 1, 2001.
(3) ((The appropriation in this section from the off-road vehicle account--state is provided under RCW 46.09.170(1)(c) and is provided solely to bring off-road vehicle recreation facilities into compliance with the requirements, guidelines, spirit, and intent of the federal Americans with disabilities act.
(4))) $79,000 of the general fund--state appropriation for fiscal year 2002, $79,000 of the general fund--state appropriation for fiscal year 2003, and $8,000 of the winter recreation program account--state appropriation are provided solely for a grant for the operation of the Northwest avalanche center.
(((5))) (4) $432,000 of the parks renewal and stewardship account appropriation is provided for the operation of the Silver Lake visitor center. If a long-term management agreement is not reached with the U.S. forest service by September 30, 2001, the amount provided in this subsection shall lapse.
(((6))) (5) $189,000 of the aquatic lands enhancement account appropriation is provided solely for the implementation of the Puget Sound work plan and agency action item P+RC-02.
(6) The task force on the funding of state parks and outdoor recreation is hereby created, to consider and develop legislation on the operation and funding of the state parks and outdoor recreation programs of the state. The committee shall be composed of fifteen members, four members of the senate appointed by the president of the senate and to include two members from each caucus, four members of the house of representatives appointed by the speaker of the house of representatives and to include two members from each caucus, three members appointed by the governor and to include at least one representative of a broad coalition of users of the state's parks and outdoor recreation programs, one member appointed by the commissioner of public lands, one member appointed by the chair of the fish and wildlife commission, and one member appointed by the chair of the state parks and recreation commission, and one member appointed by the interagency committee for outdoor recreation. The task force shall elect its own officers, shall be staffed by staff of the legislature, the executive agencies, and the office of the governor, and may appoint an advisory committee of additional persons and organizations interested in the operation and funding of state parks and outdoor recreation. The task force shall specifically review and incorporate into its work the reports prepared pursuant to budget provisos by the Washington state parks and recreation commission regarding its operating budget needs, deferred maintenance backlog, and capital facilities renovation and replacement requirements. The task force shall prepare recommendations for improving the operation of state parks and outdoor recreation programs and for securing adequate funding on a permanent basis for supporting the needs of the state parks and outdoor recreation programs of the state, including a legislative proposal for the implementation of an evergreen recreation pass that would combine the various permits and licenses of the participating agencies into a single pass for recreational day use. The recommendations shall be developed no later than January 1, 2003, and shall be designed for enactment by the legislature during 2003 for implementation in the 2005-07 biennium. The task force shall cease to exist on June 30, 2003.
Sec. 304. 2001 2nd sp.s. c 7 s 304 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ ((393,000))
143,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((395,000))
180,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ 8,358,000
Firearms Range Account--State Appropriation. . . . . . .$ 13,000
Salmon Recovery Account--State Appropriation. . . . . $ 500,000
Recreation Resources Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 2,584,000
Recreation Resources Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 481,000
NOVA Program Account--State Appropriation. . . . . . $ 611,000
Water Quality Account--State Appropriation. . . . . . . . . . . . . . . . .$ 700,000
State Toxics Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 500,000
Aquatic Lands Enhancement Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 200,000
TOTAL APPROPRIATION. . . $ ((14,235,000))
14,270,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($250,000 of the general fund--state appropriation for fiscal year 2002, $250,000 of the general fund--state appropriation for fiscal year 2003)) $500,000 of the salmon recovery account appropriation, $500,000 of the water quality account appropriation, and $500,000 of the state toxics control account appropriation are provided solely to implement chapter 298, Laws of 2001, Substitute Senate Bill No. 5637 (watershed health monitoring and assessment) and for the development of a comprehensive salmon recovery and watershed health monitoring strategy and action plan. The strategy and action plan shall address the monitoring recommendations of the independent science panel in its report, Recommendations for Monitoring Salmonid Recovery in Washington State (December 2000), and of the joint legislative audit and review committee in its report Investing in the Environment: Environmental Quality Grant and Loan Programs Performance Audit (January 2001). The action plan shall include an assessment of state agency operations related to monitoring, evaluation, and adaptive management of salmon recovery and watershed health; any operational or statutory changes necessary to implement the strategy and action plan; and funding recommendations.
(2) $8,000,000 of the general fund--federal appropriation is provided solely for implementation of the forest and fish agreement rules. These funds will be passed through to the department of natural resources and the department of fish and wildlife.
(3) By August 1, 2001, the interagency committee for outdoor recreation shall complete the public lands inventory project and submit the project report to the joint legislative audit and review committee for review.
(4) $200,000 of the aquatic lands enhancement account--state appropriation is provided solely to develop and implement a conservation initiative for Maury Island. The interagency committee for outdoor recreation shall contract with the Cascade Land Conservancy to develop and implement the initiative and to provide the following services: (a) Land and resource appraisal; (b) development of a plan of finance for acquisition of land or interests in land; and (c) conduct negotiations among purchasers and willing sellers.
(5) $35,000 of the general fund--state appropriation for fiscal year 2003 is provided solely to the interagency committee for outdoor recreation to convene and facilitate a biodiversity conservation committee to develop recommendations for a state biodiversity program. Up to $32,000 of this amount may be granted, on a competitive basis, to conduct a review of biodiversity programs and develop recommendations. The grant agreement must be conditioned to require that at least an amount of funding equal to the state grant be applied to the project from nonstate sources. The grantee must provide a final report describing its review and recommendations to the governor and the appropriate standing committees of the senate and house of representatives by October 1, 2003.
Sec. 305. 2001 2nd sp.s. c 7 s 305 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ 846,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((847,000))
822,000
TOTAL APPROPRIATION. . . $ ((1,693,000))
1,668,000
Sec. 306. 2001 2nd sp.s. c 7 s 306 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ ((2,207,000))
2,141,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((2,196,000))
2,131,000
Water Quality Account--State Appropriation. . . . . . . . . . . . . . . . .$ ((3,739,000))
3,498,000
TOTAL APPROPRIATION. . . $ ((8,142,000))
7,770,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $500,000 of the water quality account--state appropriation is provided solely for the agriculture, fish, and water negotiations to develop best management practices that will protect and recover salmon. The commission shall make grants to allow interest groups to participate in the negotiations.
(2) (($1,601,000)) $801,000 of the water quality account--state appropriation is provided solely for the completion of limiting factors analysis for watersheds affected by listings of salmon and bull trout under the federal endangered species act.
(3) $247,000 of the general fund--state appropriation for fiscal year 2002 and $247,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the implementation of the Puget Sound work plan and agency action item CC-01.
(4) By March 1, 2002, the conservation reserve enhancement program contract with the federal farm service agency shall be proposed for amendment to allow funding of flexible riparian buffer standards consistent with: (a) The recommendations of the state's agriculture/fish/water negotiation process; or (b) ordinances adopted through municipal regulations in compliance with the state growth management act requirement to protect critical areas. These ordinances shall be scientifically defensible and include programs for monitoring and adaptive management.
Sec. 307. 2001 2nd sp.s. c 7 s 307 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
General Fund--State Appropriation (FY 2002). . . . . . .$ ((51,600,000))
46,375,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((50,762,000))
44,334,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((37,366,000))
37,716,000
General Fund--Private/Local Appropriation. . . . . . . . .$ 24,365,000
Off Road Vehicle Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 475,000
Aquatic Lands Enhancement Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((6,094,000))
5,133,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((586,000))
574,000
Recreational Fisheries Enhancement Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ ((3,032,000))
3,354,000
Salmon Recovery Account--State Appropriation. . . . . $ 1,612,000
Warm Water Game Fish Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 2,567,000
Eastern Washington Pheasant Enhancement Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ 750,000
Wildlife Account--State Appropriation. . . . .. . . . . . . .$ ((48,518,000))
50,680,000
Wildlife Account--Federal Appropriation. . .. . . . . . . .$ 38,182,000
Wildlife Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 15,133,000
Game Special Wildlife Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 1,941,000
Game Special Wildlife Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 9,591,000
Game Special Wildlife Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 350,000
((Water Quality Account--State Appropriation. . . . . . .$ 1,000,000))
Environmental Excellence Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 15,000
Regional Fisheries Salmonid Recovery Account--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,750,000
Oil Spill Administration Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 963,000
Oyster Reserve Land Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 135,000
TOTAL APPROPRIATION. . . $ ((295,175,000))
285,995,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,682,000 of the general fund--state appropriation for fiscal year 2002 and (($1,682,000)) $1,189,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the implementation of the Puget Sound work plan and agency action items DFW-01 through DFW-07.
(2) $200,000 of the general fund--state appropriation for fiscal year 2002 and $200,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the department to update the salmon and steelhead stock inventory.
(3) (($550,000 of the general fund--state appropriation for fiscal year 2002 and $550,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for salmonid smolt production monitoring.
(4))) $250,000 of the general fund--state appropriation for fiscal year 2002 and $250,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the department to implement a hatchery endangered species act response. The response shall include emergency hatchery responses, production, and retrofitting of hatcheries for salmon recovery.
(((5))) (4) $600,000 of the general fund--state appropriation for fiscal year 2002 and $600,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for local salmon recovery technical assistance.
(((6) $1,625,000 of the general fund--state appropriation for fiscal year 2002 and $1,625,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to fund grants to lead entities established under chapter 77.85 RCW. The department, in consultation with the lead entity advisory group and individual lead entities, shall establish an application process and evaluation criteria to allocate funds to up to 26 lead entities to provide core activities identified in chapter 77.85 RCW. Grants to individual lead entities may range from $37,500 to $150,000 per year.
(7) $125,000 of the general fund--state appropriation for fiscal year 2002 and $125,000 of the general fund--state appropriation for fiscal year 2003 are)) (5) $250,000 of the salmon recovery account appropriation is provided solely for a grant to the lower Skykomish River habitat conservation group for the purpose of developing a salmon recovery plan, in coordination with the lead entity established under chapter 77.85 RCW for that area. The salmon recovery plan must be consistent with the regional recovery plans of the Puget Sound shared strategy and criteria developed by the department for the regional salmon recovery planning program.
(((8) $1,000,000 of the water quality--state appropriation is provided solely to fund grants to lead entities established under chapter 77.85 RCW or watershed planning units established under chapter 90.82 RCW that agree to coordinate the development of comprehensive local and regional salmon recovery plans. The department shall establish a model for local and regional plans as well as eligibility and evaluation criteria for distribution of funds to lead entities and watershed planning units. No annual grant shall exceed $125,000 per year.
(9))) (6) $91,000 of the warm water game fish account appropriation is provided solely for warm water fish culture at the Rod Meseberg warm water fish production facility.
(((10) $300,000)) (7) $200,000 of the general fund--state appropriation for fiscal year 2002 and (($300,000)) $200,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to fund ((four)) three cooperative compliance programs, ((two)) both in Western ((Washington)) and ((two in)) Eastern Washington. The cooperative compliance program shall conduct fish screen, fish way, and fish passage barrier assessments and correction plans for landowners seeking cooperative compliance agreements with the department.
(((11) $1,300,000 of the general fund--state appropriation for fiscal year 2002)) (8) $1,300,000 of the salmon recovery account appropriation, $400,000 of the general fund--state appropriation for fiscal year 2003, and $5,000,000 of the general fund--federal appropriation are provided solely for economic adjustment assistance to fishermen pursuant to the 1999 Pacific salmon treaty agreement.
(((12) $2,000,000 of the aquatic lands enhancement account appropriation is provided for cooperative volunteer projects.
(13))) (9) $810,000 of the general fund--state appropriation for fiscal year 2002, $790,000 of the general fund--state appropriation for fiscal year 2003, and $250,000 of the wildlife account--state appropriation are provided solely for enforcement and biological staff to respond and take appropriate action to public complaints regarding bear and cougar.
(((14) The department shall evaluate the fish program to determine if activities are aligned with agency objectives and if specific activities support the agency's strategic plan.
(15))) (10) $75,000 of the general fund--state appropriation for fiscal year 2003 is provided solely to the department to execute an interagency agreement with the joint legislative audit and review committee to complete an independent organizational and operational review of the fish management division of the fish program. This review shall include:
(a) Identifying those actual functions carried out by the fish management division, including all expenditures by fund source linked to those functions, and the agency's rationale for its current staffing and expenditure levels;
(b) Distinguishing those specific division activities and expenditures that are mandated by court decisions, federal laws or treaties, federal contracts, state laws, and fish and wildlife commission directives, as apart from department discretionary policies;
(c) Reviewing the extent to which division activities and related program expenditures contribute to meeting legislative intent, agency goals, and programmatic objectives; and
(d) Evaluating how performance in meeting intent, goals, and objectives through program activities is measured, reported, and improved.
The committee shall provide a status report on this review to the appropriate legislative policy and fiscal committees by November 1, 2002, and a final report by December 1, 2003.
(11) The department shall implement a lands program manager consolidation program. The consolidation program shall target the department's south central region. The savings from this consolidation shall be used by the department for additional maintenance on agency lands within the south central region.
(((16))) (12) The department shall implement a survey of all agency lands to evaluate whether agency lands support the agency's strategic plan and goals. The department shall submit a report to the governor and legislature by September 1, 2002, identifying those lands not conforming with the agency's strategic plan and which should be divested.
(((17))) (13) $388,000 of the general fund--state appropriation for fiscal year 2002 and $388,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to implement the forests and fish agreement and includes funding to continue statewide coordination and implementation of the forests and fish rules, integration of portions of the hydraulic code into the forest practices rules to provide permit streamlining, and sharing the responsibility of developing and implementing the required forests and fish agreement monitoring and adaptive management program.
(((18))) (14) $194,000 of the general fund--state appropriation for fiscal year 2002 and $195,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for staff to represent the state's fish and wildlife interests in hydroelectric project relicensing processes by the federal energy regulatory commission.
(((19))) (15) $156,000 of the wildlife account--state appropriation is provided solely for a youth fishing coordinator to develop partnerships with local communities, and to identify, develop, fund, and promote youth fishing events and opportunities. Event coordination and promotion services shall be contracted to a private consultant.
(((20))) (16) $135,000 of the oyster reserve land account appropriation is provided solely to implement chapter 273, Laws of 2001, Engrossed Second Substitute House Bill No. 1658 (state oyster reserve lands).
(((21))) (17) $43,000 of the general fund--state appropriation for fiscal year 2002 and $42,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for staffing and operation of the Tennant Lake interpretive center.
(((22))) (18) $32,000 of the general fund--state appropriation for fiscal year 2002 and $33,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to support the activities of the aquatic nuisance species coordination committee to foster state, federal, tribal, and private cooperation on aquatic nuisance species issues. The committee shall strive to prevent the introduction of nonnative aquatic species and to minimize the spread of species that are introduced.
(((23))) (19) $25,000 of the wildlife account--state appropriation is provided solely for the WildWatchCam program to provide internet transmission of live views of wildlife.
(((24))) (20) $8,000 of the general fund--state appropriation for fiscal year 2002 and $7,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the payment of the department's share of approved lake management district assessments. By December 15, 2001, the department shall provide the legislature a summary of its activities related to lake management districts as well as recommendations for establishing equitable lake management district assessments.
(21) The department shall emphasize enforcement of laws related to protection of fish habitat and the illegal harvest of salmon and steelhead. Within the amount provided for the agency, the department shall provide support to the department of health to enforce state shellfish harvest laws.
(22) The fish and wildlife commission shall evaluate the adequacy, structure, and amount of fees for hunting and fishing licenses and make recommendations for revision of the fee structure and schedule as appropriate. The evaluation shall consider, but is not limited to: Assessment of the fish and wildlife resource management needs, fees in adjacent states and countries, and efficiencies made possible through automation. The commission shall report to the legislature and the office of financial management by November 1, 2002.
(23) The department shall establish a hydraulic project approval program technical review task force. The task force shall be composed of a balanced representation of both hydraulic project proponents and conservation interests. The task force shall conduct a thorough evaluation of the hydraulic project approval program and make recommendations to the legislature by November 30, 2002, based upon its evaluation. The task force recommendations shall include a potential fee structure and schedule for hydraulic project approval permits.
Sec. 308. 2001 2nd sp.s. c 7 s 308 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ ((36,709,000))
35,949,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((36,266,000))
30,465,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((3,440,000))
10,936,000
General Fund--Private/Local Appropriation. . . . . . . . .$ ((1,865,000))
2,265,000
Forest Development Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((52,511,000))
50,088,000
Off Road Vehicle Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 3,684,000
Surveys and Maps Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 2,689,000
Aquatic Lands Enhancement Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((4,458,000))
3,923,000
Resources Management Cost Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((85,979,000))
79,156,000
Surface Mining Reclamation Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((2,549,000))
2,416,000
Salmon Recovery Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 625,000
Water Quality Account--State Appropriation. . . . . . . . . . . . . . . . .$ 2,900,000
Aquatic Land Dredged Material Disposal Site
Account--State Appropriation. . .. . . . . . . .$ 1,056,000
Natural Resource Conservation Areas Stewardship
Account Appropriation. . . . . . . . . . . . . . . .$ ((34,000))
209,000
State Toxics Account--State Appropriation. . . . . . . . .$ 1,865,000
Air Pollution Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 629,000
Metals Mining Account--State Appropriation. . . . . . . $ 64,000
Agricultural College Trust Management Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 1,790,000
Derelict Vessel Removal Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 89,000
TOTAL APPROPRIATION. . . $ ((237,248,000))
230,798,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $18,000 of the general fund--state appropriation for fiscal year 2002, $18,000 of the general fund--state appropriation for fiscal year 2003, and $998,000 of the aquatic lands enhancement account appropriation are provided solely for the implementation of the Puget Sound work plan and agency action items DNR-01, DNR-02, and DNR-04.
(2)(a) $625,000 of the salmon recovery account appropriation, $1,250,000 of the general fund--state appropriation for fiscal year 2002, $1,250,000 of the general fund--state appropriation for fiscal year 2003, and $2,900,000 of the water quality account--state appropriation are provided solely for implementation of chapter 4, Laws of 1999 sp. sess. (forest practices and salmon recovery).
(b) $250,000 of the salmon recovery account appropriation is provided solely for and shall be expended to develop a small forest landowner data base in ten counties. $150,000 of the amount in this subsection shall be used to purchase the data. $100,000 of the amount in this subsection shall purchase contracted analysis of the data.
(3) $2,000,000 of the forest development account appropriation is provided solely for road decommissioning, maintenance, and repair in the Lake Whatcom watershed.
(4) $543,000 of the forest fire protection assessment account appropriation, $22,000 of the forest development account appropriation, and $76,000 of the resource management cost account appropriation are provided solely to implement chapter 279, Laws of 2001, Substitute House Bill No. 2104, (modifying forest fire protection assessments).
(5) (($895,000)) $354,000 of the general fund--state appropriation for fiscal year 2002 and $895,000 of the general fund--state appropriation for fiscal year 2003 shall be transferred to the agricultural college trust management account and are provided solely to manage approximately 70,700 acres of Washington State University's agricultural college trust lands.
(((7))) (6) $4,000 of the general fund--state appropriation for fiscal year 2002 and $4,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to compensate the forest board trust for a portion of the lease to the Crescent television improvement district consistent with RCW 79.12.055.
(((8) The appropriation from the off-road vehicle account--state is provided under RCW 46.09.170(1)(a)(ii) and is provided solely for projects that bring off-road vehicle recreation facilities into compliance with the requirements, guidelines, spirit, and intent of the federal Americans with disabilities act and do not compromise or impair sensitive natural resources.
(9))) (7) $828,000 of the surface mine reclamation account appropriation is provided to implement Engrossed House Bill No. 1845 (surface mining fees). If the bill is not enacted by June 30, 2001, the amount provided in this subsection shall lapse.
(((10))) (8) $800,000 of the aquatic lands enhancement account appropriation and $200,000 of the resources management cost account appropriation are provided solely to improve asset management on state-owned aquatic lands. The department shall streamline the use authorization process for businesses operating on state-owned aquatic lands and issue decisions on 325 pending lease applications by June 30, ((2002)) 2003. The department, in consultation with the attorney general, shall develop a strategic program to resolve claims related to contaminated sediments on state-owned aquatic lands.
(((11))) (9) $246,000 of the resource management cost account appropriation is provided to the department for continuing control of spruce budworm.
(((12))) (10) $100,000 of the aquatic lands enhancement account is provided solely for the development and initial implementation of a statewide management plan for marine reserves.
(((13))) (11) $7,657,859 of the general fund--state appropriation for fiscal year 2002 and (($7,657,859)) $4,153,859 of the general fund--state appropriation for fiscal year 2003 are provided solely for emergency fire suppression.
(((14))) (12) $7,216,000 of the general fund--state appropriation for fiscal year 2002 and $6,584,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for fire protection activities and to implement provisions of the 1997 tridata fire program review.
(((15) $275,000)) (13) $100,000 of the general fund--state appropriation for fiscal year 2002, (($275,000 of the general fund--state appropriation for fiscal year 2003, and)) $550,000 of the aquatic lands enhancement account--state appropriation, and $209,000 of the natural resources conservation areas stewardship account--state appropriation are provided solely to the department for planning, management, and stewardship of natural area preserves and natural resources conservation areas.
(((16))) (14) $187,000 of the general fund--state appropriation for fiscal year 2002((,)) and $188,000 of the general fund--state appropriation for fiscal year 2003((, and $375,000 of the aquatic lands enhancement account--state appropriation)) are provided solely to the department for maintenance and stewardship of public lands.
(((17))) (15) $100,000 of the general fund--state appropriation for fiscal year 2002, $100,000 of the general fund--state appropriation for fiscal year 2003, and $400,000 of the aquatic lands enhancement account appropriation are provided solely for spartina control.
(16) Fees approved by the board of natural resources for filing and recording surveys are authorized to exceed the fiscal growth factor under RCW 43.135.055 for 2002.
(17) The entire state toxics control account appropriation is provided solely for the department to meet its settlement obligation with the U.S. Environmental Protection Agency for the clean-up of the Thea Foss Waterway.
(18) In managing natural resources conservation areas and recreation sites in the San Juan Islands, the department shall employ cost-recovery methods comparable to those employed at similarly situated state park facilities.
(19) $250,000 of the resource management cost account--state appropriation and $250,000 of the forest development account--state appropriation are deposited in the contract harvesting revolving account--nonappropriated to implement Substitute Senate Bill No. 6257 (contract harvesting). If Substitute Senate Bill No. 6257 is not enacted the deposit in this subsection shall not occur.
(20) Within the amounts appropriated in this section, the department shall review the current procedures used to mobilize resources to fight forest fires under the state mobilization plan and through the department of natural resources. The review must include recommendations to ensure that the people closest to a fire are called first, to allow private contractors to be mobilized under the state mobilization plan, and to identify other efficiencies. The department shall review recent studies regarding ways to improve forest fire fighting in the state. The department shall consult with representatives of private contractors, fire districts, municipal fire departments, the state fire marshal, appropriate federal agencies, and other interested groups in developing the recommendations. The department shall report their findings and recommendations to the appropriate committees of the legislature by January 1, 2003.
(21) $4,000,000 of the resource management cost account appropriation is provided solely for the purposes of RCW 79.64.020 and is contingent upon the establishment, management, and protection of the following marine reserves: Tidelands and bedlands adjacent to Cherry Point in Whatcom county; tidelands and bedlands surrounding Maury Island in King county; tidelands, bedlands, harbor areas, and waterways adjacent to the Puyallup River delta, within Commencement Bay in Pierce county; tidelands and bedlands surrounding Cypress Island in Skagit county; and tidelands and bedlands within Fidalgo Bay in Skagit county.
(22) Within the amounts appropriated in this section, the department shall update the Washington State University asset diversification plan to diversify at least ten percent of the commercial forest land base within ten years and report recommendations for implementing the plan to the appropriate committees of the legislature by December 1, 2002.
Sec. 309. 2001 2nd sp.s. c 7 s 309 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ ((8,165,000))
7,815,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((8,024,000))
7,434,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((4,636,000))
7,441,000
General fund--Private/Local Appropriation. .. . . . . . . .$ 1,110,000
Aquatic Lands Enhancement Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 2,304,000
State Toxics Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((2,672,000))
2,917,000
TOTAL APPROPRIATION. . . $ ((26,911,000))
29,021,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $36,000 of the general fund--state appropriation for fiscal year 2002 and $37,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for implementation of the Puget Sound work plan and agency action item DOA-01.
(2) (($832,000)) $1,077,000 of the state toxics control account appropriation and $298,000 of the agricultural local account are provided solely to establish a program to monitor pesticides in surface water, sample and analyze surface waters for pesticide residues, evaluate pesticide exposure on salmon species listed under the provisions of the endangered species act, and implement actions needed to protect salmonids.
(3) $1,480,000 of the aquatic lands enhancement account appropriation is provided solely to initiate a ((four-year)) plan to eradicate infestations of spartina in Puget Sound, Hood Canal, and Grays Harbor and begin the reduction in spartina infestations in Willapa Bay.
(4) $75,000 of the general fund--state appropriation for fiscal year 2002, $75,000 of the general fund--state appropriation for fiscal year 2003, and $150,000 of the general fund--federal appropriation are provided solely to the small farm and direct marketing program to support small farms in complying with federal, state, and local regulations, facilitating access to food processing centers, and assisting with grant funding requests.
(5) (($350,000 of the general fund--state appropriation for fiscal year 2002, $350,000 of the general fund--state appropriation for fiscal year 2003,)) $700,000 of the general fund--federal appropriation and $700,000 of the general fund--private/local appropriation are provided solely to implement chapter 324, Laws of 2001 (Substitute House Bill No. 1891, marketing of agriculture). ((Of these amounts, $40,000 of the general fund--state appropriation is provided solely to match funds provided by the red raspberry commission to address unfair trade practices by other countries that result in sales in Washington that are below the cost of production in Washington.))
(6) $450,000 of the state toxics control account--state appropriation is provided solely for deposit in the agricultural local nonappropriated account for the plant pest account to reimburse county horticultural pest and disease boards for the costs of pest control activities, including tree removal, conducted under their existing authorities in chapters 15.08 and 15.09 RCW.
(7) The district manager for district two as defined in WAC 16-458-075 shall transfer four hundred fifty thousand dollars from the fruit and vegetable district fund to the plant pest account within the agricultural local fund. The amount transferred must be derived from fees collected for state inspections of tree fruits and shall be used solely to reimburse county horticultural pest and disease boards in district two for the cost of pest control activities, including tree removal, conducted under their existing authority in chapters 15.08 and 15.09 RCW. The transfer of funds shall occur by July 1, 2001. On June 30, 2003, any unexpended portion of the four hundred fifty thousand dollars shall be returned to the fruit and vegetable district fund.
PART IV
TRANSPORTATION
Sec. 401. 2001 2nd sp.s. c 7 s 401 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ ((5,389,000))
5,366,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((5,377,000))
5,300,000
Architects' License Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((707,000))
684,000
Cemetery Account--State Appropriation. . . .. . . . . . . .$ ((214,000))
200,000
Professional Engineers' Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((3,032,000))
3,102,000
Real Estate Commission--State Appropriation. . . . . . .$ ((6,777,000))
6,837,000
Master License Account--State Appropriation. . . . . . . $ ((8,409,000))
8,278,000
Uniform Commercial Code Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((3,104,000))
2,900,000
Real Estate Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((301,000))
276,000
Funeral Directors and Embalmers Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((490,000))
459,000
Washington Real Estate Research Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((316,000))
307,000
Data Processing Revolving Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 23,000
Derelict Vessel Removal Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 86,000
TOTAL APPROPRIATION. . . $ ((34,139,000))
33,818,000
The appropriations in this section are subject to the following conditions and limitations: In accordance with RCW 43.24.086, it is the policy of the state of Washington that the cost of each professional, occupational, or business licensing program be fully borne by the members of that profession, occupation, or business. For each licensing program covered by RCW 43.24.086, the department shall set fees at levels sufficient to fully cover the cost of administering the licensing program, including any costs associated with policy enhancements funded in the 2001-03 fiscal biennium. Pursuant to RCW 43.135.055, during the 2001-03 fiscal biennium, the department may increase fees in excess of the fiscal growth factor if the increases are necessary to fully fund the costs of the licensing programs.
Sec. 402. 2001 2nd sp.s. c 7 s 402 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002). . . . . . .$ ((21,890,000))
21,567,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((8,066,000))
7,933,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ 4,178,000
General Fund--Private/Local Appropriation. . . . . . . . .$ 369,000
Death Investigations Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((3,899,000))
4,024,000
Public Safety and Education Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((16,070,000))
14,769,000
County Criminal Justice Assistance Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((2,490,000))
2,870,000
Municipal Criminal Justice Assistance Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ ((987,000))
1,367,000
Fire Service Trust Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 125,000
Fire Service Training Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 6,328,000
State Toxics Control Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 461,000
Violence Reduction and Drug Enforcement Account--
State Appropriation. . . . . . . . . . . . . . . . . . .$ ((277,000))
274,000
Fingerprint Identification Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ ((3,684,000))
5,316,000
TOTAL APPROPRIATION. . . $ ((68,824,000))
69,581,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $354,000 of the public safety and education account appropriation is provided solely for additional law enforcement and security coverage on the west capitol campus.
(2) When a program within the agency is supported by more than one fund and one of the funds is the state general fund, the agency shall charge its expenditures in such a manner as to ensure that each fund is charged in proportion to its support of the program. The agency may adopt guidelines for the implementation of this subsection. The guidelines may account for federal matching requirements, budget provisos, or other requirements to spend other moneys in a particular manner.
(3) $100,000 of the public safety and education account appropriation is provided solely for the implementation of Substitute Senate Bill No. 5896 (DNA testing of evidence). If the bill is not enacted by June 30, 2001, the amount provided in this subsection shall lapse.
(4) $1,419,000 of the public safety and education account--state appropriation is provided solely for combating the proliferation of methamphetamine labs. The amounts in this subsection are provided solely for the following activities: (a) The establishment of a regional methamphetamine enforcement, training, and education program; (b) additional members for the statewide methamphetamine incident response team; and (c) two forensic scientists with the necessary equipment to perform lab analysis in the crime laboratory division.
(((6) Beginning in fiscal year 2003, the funding provided in this subsection assumes a transfer of $12,634,000 of state patrol expenditures from the omnibus operating budget to the transportation budget. If new transportation revenue is not enacted before this time, the omnibus budget will restore this funding in the 2002 legislative session.))
(5) Within the amounts appropriated in this section, funding is provided to implement Substitute House Bill No. 2468 (offender DNA database).
PART V
EDUCATION
Sec. 501. 2001 2nd sp.s. c 7 s 501 (uncodified) is amended to read as follows:
(1) STATE AGENCY OPERATIONS
General Fund--State Appropriation (FY 2002). . . . . . .$ ((12,357,000))
12,302,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((12,266,000))
12,000,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((23,668,000))
53,760,000
TOTAL APPROPRIATION. . . $ ((48,291,000))
78,062,000
The appropriations in this section are subject to the following conditions and limitations:
(a) $11,385,000 of the general fund--state appropriation for fiscal year 2002 and (($11,394,000)) $11,101,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the operation and expenses of the office of the superintendent of public instruction. Of this amount, a maximum of $350,000 is provided in each fiscal year for upgrading information systems including the general apportionment and student information systems.
(b) (($541,000)) $486,000 of the general fund--state appropriation for fiscal year 2002 and (($441,000)) $481,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the operation and expenses of the state board of education, including basic education assistance activities. Of the general fund--state appropriation ((for fiscal year 2002)), $100,000 is provided solely for certificate of mastery development and validation.
(c) $431,000 of the general fund--state appropriation for fiscal year 2002 and (($431,000)) $418,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the operation and expenses of the Washington professional educator standards board.
(d) $49,000 of the general fund--state appropriation for fiscal year 2003 is provided solely to support the joint task force on local effort assistance created by House Bill No. 3011.
(2) STATEWIDE PROGRAMS
General Fund--State Appropriation (FY 2002). . . . . . .$ ((17,274,000))
17,280,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((19,407,000))
9,990,000
General Fund--Federal Appropriation. . . . . .. . . . . . . .$ ((213,016,000))
85,395,000
TOTAL APPROPRIATION. . . $ ((249,697,000))
112,665,000
The appropriations in this subsection are provided solely for the statewide programs specified in this subsection and are subject to the following conditions and limitations:
(a) HEALTH AND SAFETY
(i) A maximum of $150,000 of the general fund--state appropriation for fiscal year 2002 ((and a maximum of $150,000 of the fiscal year 2003 appropriation are)) is provided for alcohol and drug prevention programs pursuant to RCW 66.08.180.
(ii) A maximum $2,621,000 of the general fund--state appropriation for fiscal year 2002 and a maximum of (($2,621,000)) $2,542,000 of the general fund--state appropriation for fiscal year 2003 are provided for a corps of nurses located at educational service districts, as determined by the superintendent of public instruction, to be dispatched to the most needy schools to provide direct care to students, health education, and training for school staff.
(iii) A maximum of $100,000 of the general fund--state appropriation for fiscal year 2002 and a maximum of (($100,000)) $97,000 of the general fund--state appropriation for fiscal year 2003 are provided to create a school safety center subject to the following conditions and limitations.
(A) The safety center shall: Disseminate successful models of school safety plans and cooperative efforts; provide assistance to schools to establish a comprehensive safe school plan; select models of cooperative efforts that have been proven successful; act as an information dissemination and resource center when an incident occurs in a school district either in Washington or in another state; coordinate activities relating to school safety; review and approve manuals and curricula used for school safety models and training; and develop and maintain a school safety information web site.
(B) The school safety center shall be established in the office of the superintendent of public instruction. The superintendent of public instruction shall participate in a school safety center advisory committee that includes representatives of educators, classified staff, principals, superintendents, administrators, the American society for industrial security, the state criminal justice training commission, and others deemed appropriate and approved by the school safety center advisory committee. Members of the committee shall be chosen by the groups they represent. In addition, the Washington association of sheriffs and police chiefs shall appoint representatives of law enforcement to participate on the school safety center advisory committee. The advisory committee shall select a chair.
(C) The school safety center advisory committee shall develop a training program, using the best practices in school safety, for all school safety personnel.
(iv) A maximum of $113,000 of the general fund--state appropriation for fiscal year 2002 and a maximum of (($103,000)) $100,000 of the general fund--state appropriation for fiscal year 2003 are provided for a school safety training program provided by the criminal justice training commission subject to the following conditions and limitations:
(A) The criminal justice training commission with assistance of the school safety center advisory committee established in section 2(b)(iii) of this section shall develop manuals and curricula for a training program for all school safety personnel.
(B) The Washington state criminal justice training commission, in collaboration with the advisory committee, shall provide the school safety training for all school administrators and school safety personnel, including school safety personnel hired after the effective date of this section.
(v) A maximum of $250,000 of the general fund--state appropriation for fiscal year 2002 and a maximum of (($250,000)) $243,000 of the general fund--state appropriation for fiscal year 2003 are provided for training in school districts regarding the prevention of bullying and harassment. The superintendent of public instruction shall use the funds to develop a model bullying and harassment prevention policy and training materials for school and educational service districts. The information may be disseminated in a variety of ways, including workshops and other staff development activities such as videotape or broadcasts.
(vi) A maximum of (($6,042,000)) $6,048,000 of the general fund--state appropriation for fiscal year 2002 ((and a maximum of $6,028,000 of the general fund--state appropriation for fiscal year 2003 are)) is provided for a safety allocation to districts subject to the following conditions and limitations:
(A) The funds shall be allocated at a maximum rate of $6.36 per year per full-time equivalent K-12 student enrolled in each school district in the prior school year.
(B) Districts shall expend funds allocated under this section to develop and implement strategies identified in a comprehensive safe school plan pursuant to House Bill No. 1818 (student safety) or Senate Bill No. 5543 (student safety). If neither bill is enacted by June 30, 2001, expenditures of the safety allocation shall be subject to (i), (ii), and (iii) of this subsection (a)(vi)(B).
(i) School districts shall use the funds for school safety purposes and are encouraged to prioritize the use of funds allocated under this section for the development, by September 1, 2002, of school-based comprehensive safe school plans that include prevention, intervention, all-hazards/crisis response, and post crisis recovery components. When developing comprehensive safe school plans, school districts are encouraged to use model school safety plans as developed by the school safety center. Implementation of comprehensive safe school plans may include, but is not limited to, employing or contracting for building security monitors in schools during school hours and school events; research-based early prevention and intervention programs; training for school staff, including security personnel; equipment; school safety hotlines; before, during, and after-school student and staff safety; minor building renovations related to student and staff safety and security; and other purposes identified in the comprehensive safe school plan.
(ii) Each school may conduct an evaluation of its comprehensive safe school plan and conduct reviews, drills, or simulated practices in coordination with local fire, law enforcement, and medical emergency management agencies.
(iii) By September 1, 2002, school districts shall provide the superintendent of public instruction information regarding the purposes for which the safety allocation funding was used and the status of the comprehensive safe school plans for the schools in the school district.
(vii) A maximum of $200,000 of the general fund--state appropriation for fiscal year 2002, a maximum of (($200,000)) $194,000 of the general fund--state appropriation for fiscal year 2003, and $400,000 of the general fund--federal appropriation transferred from the department of health are provided 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.
(viii) A maximum of $150,000 of the general fund--state appropriation for fiscal year 2002 and a maximum of (($150,000)) $145,000 of the general fund--state appropriation for fiscal year 2003 are provided for a nonviolence and leadership training program provided by the institute for community leadership. The program shall provide the following:
(A) Statewide nonviolence leadership coaches training program for certification of educational employees and community members in nonviolence leadership workshops;
(B) Statewide leadership nonviolence student exchanges, training, and speaking opportunities for student workshop participants; and
(C) A request for proposal process, with up to 80 percent funding, for nonviolence leadership workshops serving at least 12 school districts with direct programming in 36 elementary, middle, and high schools throughout Washington state.
(ix) A maximum of $1,500,000 of the general fund--state appropriation for fiscal year 2002 ((and a maximum of $1,500,000 of the general fund--state appropriation for fiscal year 2003 are)) is provided 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.
(b) TECHNOLOGY
(i) A maximum of $2,000,000 of the general fund--state appropriation for fiscal year 2002 and a maximum of (($2,000,000)) $1,940,000 of the general fund--state appropriation for fiscal year 2003 are provided for K-20 telecommunications network technical support in the K-12 sector to prevent system failures and avoid interruptions in school utilization of the data processing and video-conferencing capabilities of the network. These funds may be used to purchase engineering and advanced technical support for the network. A maximum of $650,000 of this amount may be expended for state-level administration and staff training on the K-20 network.
(ii) A maximum of $617,000 of the general fund--state appropriation for fiscal year 2002 and a maximum of (($1,112,000)) $1,079,000 of the general fund--state appropriation for fiscal year 2003 are provided for the Washington state leadership assistance for science education reform (LASER) regional partnership coordinated at the Pacific Science Center.
(iii) $92,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for a study of technology in the public schools subject to the following conditions and limitations:
(A) The superintendent shall convene a technology in education task force to develop recommendations about the use of technology and recommendations about funding technology in the schools after conducting a study. The study shall focus on the application of technology in grades three through twelve. The study shall be completed not later than November 1, 2002, and the recommendations shall be submitted to the education and fiscal committees of the house of representatives and the senate. The study shall include but not be limited to:
(1) The technology currently available in schools and school districts. Technology includes but is not limited to computers, local area networks, and access to electronic media on the internet;
(2) Methods school districts are using currently to fund technology and recommendations for the future;
(3) Plans to update the technology including any replacement schedules;
(4) Training in the use of technology;
(5) Integration of technology into the curriculum;
(6) The different uses of technology in upper elementary grades, middle school, and high school; and
(7) Applications of technology in schools in other states and how that technology is funded.
(B) The technology in education task force shall consist of the following voting members or their designees: One member from each major caucus of the senate, appointed by the president of the senate; one member from each major caucus of the house of representatives, appointed by the speaker of the house of representatives; the superintendent of public instruction; the chair of the information services board; one representative of the community and technical colleges, appointed by the state board for community and technical colleges; one educational service district superintendent, one school district superintendent, one principal, and one teacher, each appointed by the superintendent of public instruction; two representatives appointed by the higher education coordinating board; and three representatives of the computer or digital technology industry and three members of the general public, each appointed by the superintendent of public instruction. The superintendent of public instruction, or designee, shall chair the task force.
(c) GRANTS AND ALLOCATIONS
(i) A maximum of $25,000 of the general fund--state appropriation for fiscal year 2002 and a maximum of (($1,975,000)) $1,916,000 of the general fund--state appropriation for fiscal year 2003 are provided for Senate Bill No. 5695 (alternative certification routes). If the bill is not enacted by June 30, 2001, the amount provided in this subsection shall lapse. The stipend allocation per teacher candidate and mentor pair shall not exceed (($28,318)) $28,300. The professional educator standards board shall report to the education committees of the legislature by December 15, 2002, on the districts applying for partnership grants, the districts receiving partnership grants, and the number of interns per route enrolled in each district.
(ii) A maximum of $31,500 of the general fund--state appropriation for fiscal year 2002 and a maximum of (($31,500)) $31,000 of the general fund--state appropriation for fiscal year 2003 are provided for operation of the Cispus environmental learning center.
(iii) A maximum of $150,000 of the general fund--state appropriation for fiscal year 2002 and a maximum of (($150,000)) $146,000 of the general fund--state appropriation for fiscal year 2003 are provided for the Washington civil liberties education program.
(iv) A maximum of $2,150,000 of the general fund--state appropriation for fiscal year 2002 ((and a maximum of $2,150,000 of the general fund--state appropriation for fiscal year 2003 are)) is provided for complex need grants. The maximum grants for eligible districts are specified in LEAP Document 30C as developed on April 27, 1997, at 03:00 hours.
(v) A maximum of $1,377,000 of the general fund--state appropriation for fiscal year 2002 ((and a maximum of $1,377,000 of the general fund--state appropriation for fiscal year 2003 are)) is provided for educational centers, including state support activities. (($100,000)) $50,000 of this amount for fiscal year 2002 is provided to help stabilize funding through distribution among existing education centers that are currently funded by the state at an amount less than (($100,000 a biennium)) $50,000 a fiscal year.
(vi) A maximum of $50,000 of the general fund--state appropriation for fiscal year 2002 ((and a maximum of $50,000 of the general fund--state appropriation for fiscal year 2003 are)) is provided for an organization in southwest Washington that received funding from the Spokane educational center in the 1995-97 biennium and provides educational services to students who have dropped out of school.
(vii) A maximum of $1,262,000 of the general fund--state appropriation for fiscal year 2002 and a maximum of (($1,262,000)) $1,224,000 of the general fund--state appropriation for fiscal year 2003 are provided for in-service training and educational programs conducted by the Pacific Science Center.
(viii) A maximum of $100,000 of the general fund--state appropriation for fiscal year 2002 and a maximum of (($100,000)) $97,000 of the general fund--state appropriation for fiscal year 2003 are provided to support vocational student leadership organizations.
(ix) $9,900,000 of the general fund--federal appropriation is provided for the Washington Reads project to enhance high quality reading instruction and school programs.
(x) A maximum of $150,000 of the general fund--state appropriation for fiscal year 2002 and a maximum of (($150,000)) $146,000 of the general fund--state appropriation for fiscal year 2003 are provided for the World War II oral history project.
(xi) (($30,700,000)) $13,942,000 of the general fund--federal appropriation is provided for school renovation grants for school districts with urgent school renovation needs, special education-related renovations, and technology related renovations.
(xii) (($1,952,000)) $4,962,000 of the general fund--federal appropriation is provided for LINKS technology challenge grants to integrate educational reform with state technology systems and development of technology products that enhance professional development and classroom instruction.
(xiii) (($423,000)) $536,000 of the general fund--federal appropriation is provided for the advanced placement fee program to increase opportunities for low-income students and under-represented populations to participate in advanced placement courses and to increase the capacity of schools to provide advanced placement courses to students.
(xiv) $12,318,000 of the general fund--federal appropriation is provided for comprehensive school reform demonstration projects to provide grants to low-income schools for improving student achievement through adoption and implementation of research-based curricula and instructional programs.
(xv) (($4,228,000)) $2,612,000 of the general fund--federal appropriation is provided for teacher quality enhancement through provision of consortia grants to school districts and higher education institutions to improve teacher preparation and professional development.
Sec. 502. 2001 2nd sp.s. c 7 s 502 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR GENERAL APPORTIONMENT
General Fund--State Appropriation (FY 2002). . . . . . .$ ((3,760,826,000))
3,786,124,000
General Fund--State Appropriation (FY 2003). . . . . . .$ ((3,751,350,000))
3,711,897,000
TOTAL APPROPRIATION. . . $ ((7,512,176,000))
7,498,021,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(2) Allocations for certificated staff salaries for the 2001-02 and 2002-03 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) Forty-six certificated instructional staff units per thousand full-time equivalent students in grades 4-12; and
(iv) An additional 4.2 certificated instructional staff units for grades K-3 and an additional 7.2 certificated instructional staff units for grade 4. Any funds allocated for the additional certificated units provided in this subsection (iv) shall not be considered as basic education funding;
(v) For class size reduction and expanded learning opportunities under the better schools program, an additional 2.2 certificated instructional staff units for the 2001-02 school year and an additional 0.8 certificated instructional staff units for the 2002-03 school year for grades K-4 per thousand full-time equivalent students. Funds allocated for these additional certificated units shall not be considered as basic education funding. The allocation may be used for reducing class sizes in grades K-4 or to provide additional classroom contact hours for kindergarten, before-and-after-school programs, weekend school programs, summer school programs, and intercession opportunities to assist elementary school students in meeting the essential academic learning requirements and student assessment performance standards. For purposes of this subsection, additional classroom contact hours provided by teachers beyond the normal school day under a supplemental contract shall be converted to a certificated full-time equivalent by dividing the classroom contact hours by 900.
(A) Funds provided under this subsection (2)(a)(iv) and (v) 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 in grades K-4 equal to or greater than 55.4 certificated instructional staff per thousand full-time equivalent students ((in grades K-4)) in the 2001-02 school year and 54.0 certificated instructional staff per thousand full-time equivalent students in the 2002-03 school year. For any school district documenting a lower certificated instructional staff ratio, the allocation shall be based on the district's actual grades K-4 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-4 may dedicate up to 1.3 of the 55.4 funding ratio in the 2001-02 school year, and up to 1.3 of the 54.0 funding ratio in the 2002-03 school year, to employ additional classified instructional assistants assigned to basic education classrooms in grades K-4. 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 in grades K-4 equal to or greater than 55.4 certificated instructional staff per thousand full-time equivalent students in ((grades K-4)) the 2001-02 school year, and a ratio equal to or greater than 54.0 certificated instructional staff per thousand full-time equivalent students in the 2002-03 school year, may use allocations generated under this subsection (2)(a)(iv) and (v) 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 5-6. Funds allocated under this subsection (2)(a)(iv) and (v) 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;
(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)(i) On the basis of full-time equivalent enrollment in:
(A) 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 19.5 full-time equivalent vocational students; and
(B) Skills center programs meeting the standards for skills center funding established in January 1999 by the superintendent of public instruction, 0.92 certificated instructional staff units and 0.08 certificated administrative units for each 16.67 full-time equivalent vocational students; ((and))
(ii) 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; and
(iii) For the 2002-03 school year, indirect cost charges by a school district to vocational-secondary programs shall not exceed 15 percent of the combined basic education and vocational enhancement allocations of state funds;
(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 2001-02 and 2002-03 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 ((11.27)) 10.76 percent in the 2001-02 school year and ((11.27)) 9.57 percent in the 2002-03 school year for certificated salary allocations provided under subsection (2) of this section, and a rate of ((12.92)) 12.73 percent in the 2001-02 school year and ((12.92)) 12.36 percent in the 2002-03 school year 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(3) 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 $8,519 per certificated staff unit in the 2001-02 school year and a maximum of (($8,715)) $8,604 per certificated staff unit in the 2002-03 school year.
(b) For nonemployee-related costs associated with each vocational certificated staff unit allocated under subsection (2)(c)(i)(A) of this section, there shall be provided a maximum of $20,920 per certificated staff unit in the 2001-02 school year and a maximum of (($21,401)) $21,129 per certificated staff unit in the 2002-03 school year.
(c) For nonemployee-related costs associated with each vocational certificated staff unit allocated under subsection (2)(c)(i)(B) of this section, there shall be provided a maximum of $16,233 per certificated staff unit in the 2001-02 school year and a maximum of (($16,606)) $16,395 per certificated staff unit in the 2002-03 school year.
(7) Allocations for substitute costs for classroom teachers shall be distributed at a maintenance rate of $494.34 for the 2001-02 and 2002-03 school years 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 statewide for the prior 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 (($6,510,000)) $6,424,000 outside the basic education formula during fiscal years 2002 and 2003 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 $480,000 may be expended in fiscal year 2002 and a maximum of (($491,000)) $485,000 may be expended in fiscal year 2003;
(b) For summer vocational programs at skills centers, a maximum of $2,098,000 may be expended ((each)) for the 2001-02 fiscal year and a maximum of $2,035,000 for the 2003 fiscal year;
(c) A maximum of (($343,000)) $341,000 may be expended for school district emergencies; and
(d) A maximum of $500,000 ((per)) for fiscal year 2002 and $485,000 for fiscal year 2003 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 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 2000-01 school year to the 2001-02 school year((, and 3.3 percent from the 2000-01 school year to the 2002-03 school year)).
(11) For purposes of RCW 84.52.0531, the increase in appropriations per full-time equivalent student provided in this act, including appropriations for salary and benefits increases, is 2.9 percent from the 2001-02 school year to the 2002-03 school year.
(12) If two or more school districts consolidate and each district was receiving additional basic education formula staff units pursuant to subsection (2)(b) through (h) of this section, the following shall apply:
(a) For three school years following consolidation, the number of basic education formula staff units shall not be less than the number of basic education formula staff units received by the districts in the school year prior to the consolidation; and
(b) For the fourth through eighth school years following consolidation, the difference between the basic education formula staff units received by the districts for the school year prior to consolidation and the basic education formula staff units after consolidation pursuant to subsection (2)(a) through (h) of this section shall be reduced in increments of twenty percent per year.
Sec. 503. 2001 2nd sp.s. c 7 s 503 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--BASIC EDUCATION EMPLOYEE COMPENSATION. (1) The following calculations determine the salaries used in the general fund allocations for certificated instructional, certificated administrative, and classified staff units under section 502 of this act:
(a) For school year 2001-02, salary allocations for certificated instructional staff units shall be determined for each district by multiplying the district's certificated instructional total base salary shown on LEAP Document 12E for the appropriate year, 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 1S; ((and))
(b) For school year 2002-03, salary allocations for certificated instructional staff units shall be determined for each district by multiplying the district's certificated instructional total base salary shown on LEAP Document 12E for the appropriate year, by the district's average staff mix factor for certificated instructional staff in that school year, computed using LEAP Document 1S; and
(c) Salary allocations for certificated administrative staff units and classified staff units for each district shall be based on the district's certificated administrative and classified salary allocation amounts shown on LEAP Document 12E for the appropriate year.
(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 1S" 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 March 25, 1999, at 16:55 hours; and
(c) "LEAP Document 12E" means the computerized tabulation of 2001-02 and 2002-03 school year salary allocations for certificated administrative staff and classified staff and derived and total base salaries for certificated instructional staff as developed by the legislative evaluation and accountability program committee on ((March 13, 2001, at 16:32 hours)) March 11, 2002, at 22:32 hours.
(3) Incremental fringe benefit factors shall be applied to salary adjustments at a rate of ((10.63)) 10.12 percent for school year((s)) 2001-02 and 8.93 percent for school year 2002-03 for certificated staff and ((9.42)) for classified staff 9.23 percent for school year((s)) 2001-02 and 8.86 percent for the 2002-03 ((for classified staff)) school year.
(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:
K-12 Salary Schedule for Certificated Instructional Staff
2001-02 School Year
Years of
Service BA BA+15 BA+30 BA+45 BA+90
0 27,467 28,209 28,977 29,746 32,219
1 27,836 28,588 29,366 30,171 32,668
2 28,464 29,231 30,025 30,900 33,414
3 29,401 30,192 31,009 31,931 34,490
4 30,063 30,896 31,727 32,689 35,290
5 30,750 31,595 32,443 33,468 36,085
6 31,147 31,974 32,850 33,928 36,531
7 32,164 33,010 33,909 35,055 37,724
8 33,195 34,088 35,008 36,248 38,954
9 35,205 36,169 37,455 40,223
10 37,344 38,724 41,529
11 40,029 42,895
12 41,293 44,298
13 45,736
14 47,181
15 48,408
16 or more 49,376
Years of MA+90
Service BA+135 MA MA+45 or PHD
0 33,811 32,931 35,403 36,996
1 34,252 33,297 35,793 37,377
2 35,030 33,995 36,509 38,124
3 36,177 35,027 37,585 39,273
4 37,007 35,755 38,355 40,072
5 37,853 36,503 39,121 40,889
6 38,308 36,904 39,508 41,285
7 39,569 38,031 40,700 42,546
8 40,867 39,225 41,930 43,843
9 42,201 40,430 43,200 45,177
10 43,572 41,700 44,505 46,549
11 44,979 43,005 45,872 47,956
12 46,446 44,362 47,275 49,422
13 47,947 45,766 48,712 50,923
14 49,505 47,212 50,251 52,481
15 50,792 48,439 51,557 53,846
16 or more 51,808 49,407 52,589 54,923
K-12 Allocation Salary Schedule For Certificated Instructional Staff
2002-03 School Year
((Years of
Service BA BA+15 BA+30 BA+45 BA+90
0 28,318 29,083 29,875 30,668 33,217
1 28,699 29,473 30,276 31,106 33,680
2 29,345 30,137 30,955 31,857 34,449
3 30,312 31,127 31,970 32,920 35,559
4 30,994 31,854 32,710 33,702 36,383
5 31,703 32,574 33,448 34,505 37,203
6 32,112 32,964 33,868 34,979 37,663
7 33,160 34,033 34,959 36,141 38,893
8 34,223 35,145 36,092 37,372 40,161
9 36,295 37,289 38,616 41,470
10 38,501 39,923 42,815
11 41,269 44,225
12 42,572 45,671
13 47,153
14 48,642
15 49,907
16 or more 50,906
Years of MA+90
Service BA+135 MA MA+45 or PHD
0 34,859 33,951 36,500 38,142
1 35,313 34,328 36,902 38,535
2 36,116 35,048 37,640 39,305
3 37,298 36,112 38,750 40,490
4 38,153 36,863 39,544 41,314
5 39,026 37,634 40,333 42,156
6 39,495 38,047 40,732 42,564
7 40,795 39,210 41,961 43,864
8 42,133 40,440 43,229 45,201
9 43,509 41,683 44,538 46,577
10 44,922 42,992 45,884 47,991
11 46,373 44,337 47,293 49,442
12 47,885 45,736 48,739 50,953
13 49,432 47,184 50,221 52,501
14 51,039 48,675 51,808 54,107
15 52,366 49,940 53,155 55,514
16 or more 53,413 50,938 54,218 56,624))
Years of
Service BA BA+15 BA+30 BA+45 BA+90
0 28,300 29,064 29,856 30,649 33,196
1 28,680 29,455 30,257 31,086 33,659
2 29,327 30,117 30,936 31,837 34,428
3 30,293 31,107 31,950 32,899 35,536
4 30,975 31,833 32,690 33,681 36,360
5 31,682 32,553 33,427 34,483 37,179
6 32,091 32,943 33,847 34,956 37,639
7 33,139 34,012 34,937 36,118 38,868
8 34,202 35,122 36,069 37,348 40,135
9 36,272 37,266 38,591 41,443
10 38,477 39,898 42,788
11 41,243 44,196
12 42,545 45,642
13 47,123
14 48,611
15 49,876
16 or more 50,873
Years of MA+90
Service BA+135 MA MA+45 or PHD
0 34,836 33,929 36,476 38,118
1 35,291 34,306 36,879 38,510
2 36,093 35,025 37,616 39,280
3 37,274 36,089 38,725 40,464
4 38,129 36,840 39,519 41,288
5 39,001 37,610 40,307 42,129
6 39,470 38,023 40,706 42,537
7 40,769 39,185 41,934 43,836
8 42,106 40,414 43,202 45,172
9 43,481 41,656 44,510 46,548
10 44,894 42,964 45,855 47,960
11 46,344 44,309 47,263 49,410
12 47,854 45,707 48,708 50,921
13 49,401 47,154 50,189 52,467
14 51,006 48,644 51,775 54,073
15 52,333 49,908 53,121 55,479
16 or more 53,379 50,906 54,183 56,588
(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 and 28A.415.023.
(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) The certificated instructional staff base salary specified for each district in LEAP Document 12E and the salary schedules in subsection (4)(a) of this section include three learning improvement days ((originally added in the 1999-00 school year)) for the 2001-02 school year and two days for the 2002-03 school year. A school district is eligible for the learning improvement day funds for school years 2001-02 and 2002-03, only if ((three)) the learning improvement days have been added to the 180-day contract year. If fewer ((than three)) days are added, the additional learning improvement allocation shall be adjusted accordingly. The additional days shall be for activities related to improving student learning consistent with education reform implementation, and shall not be considered part of basic education. The length of a learning improvement day shall not be less than the length of a full day under the base contract. The superintendent of public instruction shall ensure that school districts adhere to the intent and purposes of this subsection.
(8) The salary allocation schedules established in this section are for allocation purposes only except as provided in RCW 28A.400.200(2).
Sec. 504. 2001 2nd sp.s. c 7 s 504 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTS
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((124,130,000))
124,903,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((274,529,000))
255,910,000
General Fund--Federal Appropriation (FY 2003). . . . . . .$ 191,000
TOTAL APPROPRIATION. . . $ ((398,659,000))
381,004,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($318,024,000)) A total of $329,316,000 is provided for a cost of living adjustment for state formula staff units of 3.7 percent effective September 1, 2001, and ((another salary adjustment)) 3.6 percent effective on September 1, 2002, ((in a percentage amount to be determined by the 2002 legislature)) consistent with the provisions of chapter 4, Laws of 2001 (Initiative Measure No. 732). The appropriations include associated incremental fringe benefit allocations at rates of ((10.63)) 10.12 percent for school year((s)) 2001-02 and 8.93 percent for school year 2002-03 for certificated staff and ((9.42)) 9.23 percent for school year((s)) 2001-02 and 8.86 for school year 2002-03 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, in accordance with chapter 4, Laws of 2001 (Initiative Measure No. 732). 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 502 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 502 of this act.
(b) The appropriations in this section provide cost-of-living and incremental fringe benefit allocations based on formula adjustments as follows:
School Year
2001-02 2002-03
Pupil Transportation (per weighted pupil mile) $ 0.77 $ ((1.44))
1.54
Highly Capable (per formula student) $((8.75)) $((16.35))
8.71 16.70
Transitional Bilingual Education (per eligible
bilingual student) $((22.73)) $((42.48))
22.63 44.74
Learning Assistance (per entitlement unit) $((11.23)) $((20.99))
11.19 22.26
Substitute Teacher (allocation per teacher,
section 502(7)) $ 18.29 $ ((34.18))
36.75
(2) This act appropriates general fund--state funds and other funds for the purpose of providing the annual salary cost-of-living increase required by section 2, chapter 4, Laws of 2001 (Initiative Measure No. 732) for teachers and other school district employees in the state-funded salary base. For employees not included in the state-funded salary base, the annual salary cost-of-living increase may be provided by school districts from the federal funds appropriated in this act and local revenues, including the adjusted levy base as provided in RCW 84.52.053 and section 502 of this act, and state discretionary funds provided under this act.
(3) (($80,635,000)) $51,688,000 is provided for adjustments to insurance benefit allocations. The maintenance rate for insurance benefit allocations is $427.73 per month for the 2001-02 and 2002-03 school years. The appropriations in this section provide for a rate increase to $455.27 per month for the 2001-02 school year and (($493.59)) $457.07 per month for the 2002-03 school year at the following rates:
School Year
2001-02 2002-03
Pupil Transportation (per weighted pupil mile) $ 0.25 $((0.60))
0.27
Highly Capable (per formula student) $ 1.74 $((4.18))
1.81
Transitional Bilingual Education (per eligible
bilingual student) $ 4.46 $((10.66))
4.75
Learning Assistance (per entitlement unit) $ 3.51 $((8.38))
3.73
(4) The rates specified in this section are subject to revision each year by the legislature.
Sec. 505. 2001 2nd sp.s. c 7 s 505 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PUPIL TRANSPORTATION
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((193,198,000))
192,402,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((194,293,000))
193,293,000
TOTAL APPROPRIATION. . . $ ((387,491,000))
385,695,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(2) A maximum of $767,000 of this fiscal year 2002 appropriation and a maximum of (($785,000)) $752,000 of the fiscal year 2003 appropriation 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) (($15,000)) $5,000 of the fiscal year 2002 appropriation and (($20,000)) $5,000 of the fiscal year 2003 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 (($37.11)) $37.07 per weighted mile in the 2001-02 school year and (($37.38)) $37.12 per weighted mile in the 2002-03 school year exclusive of salary and benefit adjustments provided in section 504 of this act. Allocations for transportation of students transported more than one radius mile shall be based on weighted miles as determined by superintendent of public instruction multiplied by the per mile reimbursement rates for the school year pursuant to the formulas adopted by the superintendent of public instruction. Allocations for transportation of students living within one radius mile shall be based on the number of enrolled students in grades kindergarten through five living within one radius mile of their assigned school multiplied by the per mile reimbursement rate for the school year multiplied by 1.29.
Sec. 506. 2001 2nd sp.s. c 7 s 507 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SPECIAL EDUCATION PROGRAMS
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((419,264,000))
420,165,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((420,644,000))
408,761,000
General Fund--Federal Appropriation. . . . . . . .. . . . . . . .$ ((256,092,000))
256,407,000
TOTAL APPROPRIATION. . . $ ((1,096,000,000))
1,085,333,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Funding for special education programs is provided on an excess cost basis, pursuant to RCW 28A.150.390. School districts shall ensure that special education students as a class receive their full share of the general apportionment allocation accruing through sections 502 and 504 of this act. To the extent a school district cannot provide an appropriate education for special education students under chapter 28A.155 RCW through the general apportionment allocation, it shall provide services through the special education excess cost allocation funded in this section.
(2)(a) Effective with the 2001-02 school year, the superintendent of public instruction shall change the S-275 personnel reporting system and all related accounting requirements to ensure that:
(i) Special education students are basic education students first;
(ii) As a class, special education students are entitled to the full basic education allocation; and
(iii) Special education students are basic education students for the entire school day.
(b) Effective with the 2001-02 school year, the S-275 and accounting changes shall supercede any prior excess cost methodologies and shall be required of all school districts.
(3) Each ((general fund--state)) fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(4) 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.
(5)(a) For the 2001-02 and 2002-03 school years, the superintendent shall ((distribute state funds)) make allocations to each district based on the sum of:
(i) A district's annual average headcount enrollment of developmentally delayed infants and toddlers ages birth through two, multiplied by the district's average basic education allocation per full-time equivalent student, multiplied by 1.15; and
(ii) A district's annual average full-time equivalent basic education enrollment multiplied by the funded enrollment percent determined pursuant to subsection (6)(b) of this section, multiplied by the district's average basic education allocation per full-time equivalent student multiplied by 0.9309.
(b) For purposes of this subsection, "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 and shall not include enhancements, secondary vocational education, or small schools.
(6) The definitions in this subsection apply throughout this section.
(a) "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).
(b) "Enrollment percent" means the district's resident special education annual average enrollment, excluding the birth through age two enrollment, as a percent of the district's annual average full-time equivalent basic education enrollment.
(i) For the 2001-02 ((and the 2002-03)) school year((s)), each district's funded enrollment percent shall be the lesser of the district's actual enrollment percent ((for the school year for which the allocation is being determined)) or 12.7 percent ((for the 2001-02 school year or 13.0 percent for the 2002-03 school year)).
(ii) For the 2002-03 school year, each district's general fund--state funded special education enrollment shall be the lesser of the district's actual enrollment percent or 12.7 percent. Increases in enrollment percent from 12.7 percent to 13.0 percent shall be funded from the general fund--federal appropriation.
(7) At the request of any interdistrict cooperative of at least 15 districts in which all excess cost services for special education students of the districts are provided by the cooperative, the maximum enrollment percent shall be ((12.7 percent for the 2001-02 school year and 13.0 percent for the 2002-03 school year)) calculated in accordance with subsection (6)(b) of this section, and shall be calculated in the aggregate rather than individual district units. For purposes of this subsection, the average basic education allocation per full-time equivalent student shall be calculated in the aggregate rather than individual district units.
(8) Safety net funding shall be awarded by the state safety net oversight committee subject to the following conditions and limitations:
(a) A maximum of (($12,000,000)) $8,500,000 of the general fund--state appropriation and a maximum of $3,500,000 of the general fund--federal appropriation for fiscal year 2002 ((and a maximum of $10,623,000 of the general fund--state appropriation for fiscal year 2003)) are provided as safety net funding for districts with demonstrated needs for state special education funding beyond the amounts provided in subsection (5) of this section. ((Safety net funding shall be awarded by the state safety net oversight committee.
(a))) (b) 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 lesser of 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))) (c) The committee shall then consider unmet needs for districts that can convincingly demonstrate that all legitimate expenditures for special education exceed all available revenues from state funding formulas. In the determination of need, the committee shall also consider additional available revenues from federal and local sources. Differences in program costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.
(((c))) (d) The maximum allowable indirect cost for calculating safety net eligibility may not exceed the federal restricted indirect cost rate for the district plus one percent.
(((d))) (e) Safety net awards shall be adjusted based on the percent of potential medicaid eligible students billed as calculated by the superintendent in accordance with chapter 318, Laws of 1999.
(((e))) (f) Safety net awards must be adjusted for any audit findings or exceptions related to special education funding.
(((f))) (g) The superintendent may expend up to $120,000 ((per year)) of the amounts provided in this subsection (8) to provide staff assistance to the committee in analyzing applications for safety net funds received by the committee.
(9) For fiscal year 2003 to the extent necessary, $12,873,000 of the general fund--federal appropriation is provided for safety net awards for districts with demonstrated needs for state special education funding beyond the amounts provided in subsection (5) of this section. If safety net awards exceed the amount appropriated in this subsection (9), the superintendent shall expend all available federal discretionary funds necessary to meet this need. Safety net funds shall be awarded by the state safety net oversight committee subject to the following conditions and limitations:
(a) The committee shall consider unmet needs for districts that can convincingly demonstrate that all legitimate expenditures for special education exceed all available revenues from state funding formulas. In the determination of need, the committee shall also consider additional available revenues from federal and local sources. Differences in program costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.
(b) The committee shall then consider the extraordinary high cost needs of one or more individual special education students. Differences in costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.
(c) The maximum allowable indirect cost for calculating safety net eligibility may not exceed the federal restricted indirect cost rate for the district plus one percent.
(d) Safety net awards shall be adjusted based on the percent of potential medicaid eligible students billed as calculated by the superintendent in accordance with chapter 318, Laws of 1999.
(e) Safety net awards must be adjusted for any audit findings or exceptions related to special education funding.
(f) The superintendent may expend up to $120,000 of the amount provided from the general fund--federal appropriation in this subsection (9) to provide staff assistance to the committee in analyzing applications for safety net funds received by the committee.
(((9))) (10) 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, the superintendent shall consult with the office of financial management and the fiscal committees of the legislature.
(((10))) (11) The safety net oversight committee appointed by the superintendent of public instruction shall consist of:
(a) One staff from the office of superintendent of public instruction;
(b) Staff of the office of the state auditor;
(c) Staff of 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.
(((11))) (12) To the extent necessary, (($5,500,000)) in fiscal year 2002, $2,250,000 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. If safety net awards to meet the extraordinary needs exceed (($5,500,000)) $2,250,000 of the general fund--federal appropriation, the superintendent shall expend all available federal discretionary funds necessary to meet this need. General fund--state funds shall not be expended for this purpose.
(((12))) (13) 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.
(((13))) (14) $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.
(((14))) (15) The superintendent shall maintain the percentage of federal flow-through to school districts at 85 percent for the 2001-02 school year. For the 2002-03 school year, the superintendent shall allocate the federal funds as specified in this section and shall adjust federal flow-through funds accordingly. 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.
(((15))) (16) A maximum of $1,200,000 of the general fund--federal appropriation may be expended by the superintendent for projects related to use of inclusion strategies by school districts for provision of special education services. The superintendent shall prepare an information database on laws, best practices, examples of programs, and recommended resources. The information may be disseminated in a variety of ways, including workshops and other staff development activities.
(((16))) (17) A school district may carry over from one year to the next year up to 10 percent of general fund--state funds allocated under this program; however, carry over funds shall be expended in the special education program.
(18) The superintendent of public instruction shall implement the recommendations of the joint legislative audit and review committee study on special education (report 01-11) only to the extent that funds have been specifically provided therefor.
Sec. 507. 2001 2nd sp.s. c 7 s 508 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR TRAFFIC SAFETY EDUCATION PROGRAMS
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((3,595,000))
3,765,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((2,588,000))
512,000
Public Safety and Education Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,567,000
TOTAL APPROPRIATION. . . $ ((6,183,000))
10,844,000
(1) The general fund--state appropriations in this section are subject to the following conditions and limitations:
(((1))) (a) The appropriations include such funds as are necessary to complete the school year ending in each fiscal year and for prior fiscal year adjustments.
(((2))) (b) A maximum of $253,000 of the fiscal year 2002 general fund appropriation ((and a maximum of $254,000 of the fiscal year 2003 general fund appropriation)) may be expended for regional traffic safety education coordinators.
(((3))) (c) Allocations to provide tuition assistance for students eligible for free and reduced price lunch who complete the program shall be a maximum of $203.97 per eligible student in the 2001-02 ((and 2002-03)) school ((years)) year.
(2) The public safety and education account appropriation in this section is subject to the following conditions and limitations:
(a) The public safety and education account appropriation shall lapse if House Bill No. 2573 (traffic safety education) is not enacted by June 30, 2002.
(b) If House Bill No. 2573 is enacted by June 30, 2002, districts shall receive the following allocations:
(i) The maximum basic state allocation per student completing the program shall be $148.00 in the 2002-03 school year.
(ii) Additional allocations to provide tuition assistance for students eligible for free and reduced price lunch who complete the program shall be a maximum of $71.00 per eligible student in the 2002-03 school year.
(c) A maximum of $254,000 may be expended for regional traffic safety education coordinators.
Sec. 508. 2001 2nd sp.s. c 7 s 509 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR EDUCATIONAL SERVICE DISTRICTS
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((4,768,000))
4,757,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((4,768,000))
4,571,000
TOTAL APPROPRIATION. . . $ ((9,536,000))
9,328,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The educational service districts shall continue to furnish financial services required by the superintendent of public instruction and RCW 28A.310.190 (3) and (4).
(2) $250,000 of the general fund appropriation for fiscal year ((2000)) 2002 and (($250,000)) $243,000 of the general fund appropriation for fiscal year ((2001)) 2003 are provided solely for student teaching centers as provided in RCW 28A.415.100.
(3) A maximum of $250,000 of the fiscal year 2002 general fund appropriation and a maximum of (($250,000)) $243,000 of the fiscal year 2003 general fund appropriation are provided for centers for the improvement of teaching pursuant to RCW 28A.415.010.
Sec. 509. 2001 2nd sp.s. c 7 s 510 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR LOCAL EFFORT ASSISTANCE
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((136,315,000))
140,932,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((148,329,000))
154,931,000
TOTAL APPROPRIATION. . . $ ((284,644,000))
295,863,000
The appropriations in this section are subject to the following conditions and limitations:
Calendar year 2003 local effort assistance calculations under chapter 28A.500 RCW shall be adjusted by multiplying allocations and maximum eligibility for each district by 0.99 as authorized by House Bill No. 3011.
Sec. 510. 2001 2nd sp.s. c 7 s 511 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR INSTITUTIONAL EDUCATION PROGRAMS
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((19,133,000))
19,073,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((19,115,000))
18,658,000
General Fund--Federal Appropriation. . . . . . . .. . . . . . . .$ 8,548,000
TOTAL APPROPRIATION. . . $ ((46,796,000))
46,279,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Each general fund--state fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(2) State funding provided under this section is based on salaries and other expenditures for a 220-day school year. The superintendent of public instruction shall monitor school district expenditure plans for institutional education programs to ensure that districts plan for a full-time summer program.
(3) State funding for each institutional education program shall be based on the institution's annual average full-time equivalent student enrollment. Staffing ratios for each category of institution shall remain the same as those funded in the 1995-97 biennium.
(4) The funded staffing ratios for education programs for juveniles age 18 or less in department of corrections facilities shall be the same as those provided in the 1997-99 biennium.
(5) $141,000 of the general fund--state appropriation for fiscal year 2002 and $139,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to maintain at least one certificated instructional staff and related support services at an institution whenever the K-12 enrollment is not sufficient to support one full-time equivalent certificated instructional staff to furnish the educational program. The following types of institutions are included: Residential programs under the department of social and health services for developmentally disabled juveniles, programs for juveniles under the department of corrections, and programs for juveniles under the juvenile rehabilitation administration.
(6) Ten percent of the funds allocated for each institution may be carried over from one year to the next.
Sec. 511. 2001 2nd sp.s. c 7 s 512 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PROGRAMS FOR HIGHLY CAPABLE STUDENTS
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((6,443,000))
6,470,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((6,397,000))
6,229,000
TOTAL APPROPRIATION. . . $ ((12,840,000))
12,699,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(2) Allocations for school district programs for highly capable students shall be distributed at a maximum rate of (($328.10)) $327.22 per funded student for the 2001-02 school year and (($328.05)) $313.07 per funded student for the 2002-03 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) $175,000 of the fiscal year 2002 appropriation and (($175,000)) $170,000 of the fiscal year 2003 appropriation are provided for the centrum program at Fort Worden state park.
(4) $93,000 of the fiscal year 2002 appropriation and (($93,000)) $90,000 of the fiscal year 2003 appropriation are provided for the Washington imagination network and future problem-solving programs.
Sec. 512. 2001 2nd sp.s. c 7 s 513 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR MISCELLANEOUS PURPOSES UNDER THE ELEMENTARY AND SECONDARY SCHOOL IMPROVEMENT ACT AND THE NO CHILD LEFT BEHIND ACT
General Fund--Federal Appropriation. . . . . . . .. . . . . . . .$ ((288,166,000))
201,737,000
Sec. 513. 2001 2nd sp.s. c 7 s 514 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--EDUCATION REFORM PROGRAMS
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((35,882,000))
36,880,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((36,363,000))
30,150,000
General Fund--Federal Appropriation. . . . . . . .. . . . . . . .$ ((3,000,000))
60,571,000
TOTAL APPROPRIATION. . . $ ((75,245,000))
127,601,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $322,000 of the general fund--state appropriation for fiscal year 2002 and (($322,000)) $312,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the academic achievement and accountability commission.
(2) (($11,209,000)) $12,209,000 of the general fund--state appropriation for fiscal year 2002, (($10,872,000)) $8,872,000 of the general fund--state appropriation for fiscal year 2003, and (($3,000,000)) $4,000,000 of the general fund--federal appropriation are provided for development and implementation of the Washington assessments of student learning. Up to $689,000 of the appropriation may be expended for data analysis and data management of test results.
(3) $1,095,000 of the fiscal year 2002 general fund--state appropriation and (($1,095,000)) $548,000 of the fiscal year 2003 general fund--state appropriation are provided solely for training of paraprofessional classroom assistants and certificated staff who work with classroom assistants as provided in RCW 28A.415.310.
(4) $4,695,000 of the general fund--state appropriation for fiscal year 2002 and (($4,695,000)) $2,348,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for mentor teacher assistance, including state support activities, under RCW 28A.415.250 and 28A.415.260, and for a mentor academy. Up to $200,000 of the amount in this subsection may be used each fiscal year to operate a mentor academy to help districts provide effective training for peer mentors. Funds for the teacher assistance program shall be allocated to school districts based on the number of first year beginning teachers.
(a) A teacher assistance program is a program that provides to a first year beginning teacher peer mentor services that include but are not limited to:
(i) An orientation process and individualized assistance to help beginning teachers who have been hired prior to the start of the school year prepare for the start of a school year;
(ii) The assignment of a peer mentor whose responsibilities to the beginning teacher include but are not limited to constructive feedback, the modeling of instructional strategies, and frequent meetings and other forms of contact;
(iii) The provision by peer mentors of strategies, training, and guidance in critical areas such as classroom management, student discipline, curriculum management, instructional skill, assessment, communication skills, and professional conduct. A district may provide these components through a variety of means including one-on-one contact and workshops offered by peer mentors to groups, including cohort groups, of beginning teachers;
(iv) The provision of release time, substitutes, mentor training in observation techniques, and other measures for both peer mentors and beginning teachers, to allow each an adequate amount of time to observe the other and to provide the classroom experience that each needs to work together effectively;
(v) Assistance in the incorporation of the essential academic learning requirements into instructional plans and in the development of complex teaching strategies, including strategies to raise the achievement of students with diverse learning styles and backgrounds; and
(vi) Guidance and assistance in the development and implementation of a professional growth plan. The plan shall include a professional self-evaluation component and one or more informal performance assessments. A peer mentor may not be involved in any evaluation under RCW 28A.405.100 of a beginning teacher whom the peer mentor has assisted through this program.
(b) In addition to the services provided in (a) of this subsection, an eligible peer mentor program shall include but is not limited to the following components:
(i) Strong collaboration among the peer mentor, the beginning teacher's principal, and the beginning teacher;
(ii) Stipends for peer mentors and, at the option of a district, for beginning teachers. The stipends shall not be deemed compensation for the purposes of salary lid compliance under RCW 28A.400.200 and are not subject to the continuing contract provisions of Title 28A RCW; and
(iii) To the extent that resources are available for this purpose and that assistance to beginning teachers is not adversely impacted, the program may serve second year and more experienced teachers who request the assistance of peer mentors.
(5) $2,025,000 of the general fund--state appropriation for fiscal year 2002 and (($2,025,000)) $1,964,000 of the general fund--state appropriation for fiscal year 2003 are 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. The superintendent of public instruction shall coordinate a process to facilitate the evaluation and provision of online curriculum courses to school districts which includes the following: Creation of a general listing of the types of available online curriculum courses; a survey conducted by each regional educational technology support center of school districts in its region regarding the types of online curriculum courses desired by school districts; a process to evaluate and recommend to school districts the best online courses in terms of curriculum, student performance, and cost; and assistance to school districts in procuring and providing the courses to students.
(6) $3,600,000 of the general fund--state appropriation for fiscal year 2002 and $3,600,000 of the general fund--state appropriation for fiscal year 2003 are 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.
(7) $2,500,000 of the general fund--state appropriation for fiscal year 2002 and $2,500,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the meals for kids program under RCW 28A.235.145 through 28A.235.155.
(8) $1,409,000 of the general fund--state appropriation for fiscal year 2002 and (($1,409,000)) $705,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the leadership internship program for superintendents, principals, and program administrators.
(9) $1,828,000 of the general fund--state appropriation for fiscal year 2002 and (($1,828,000)) $1,773,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the mathematics helping corps subject to the following conditions and limitations:
(a) In order to increase the availability and quality of technical mathematics assistance statewide, the superintendent of public instruction shall employ mathematics school improvement specialists to provide assistance to schools and districts. The specialists shall be hired by and work under the direction of a statewide school improvement coordinator. The mathematics improvement specialists shall serve on a rotating basis from one to three years and shall not be permanent employees of the superintendent of public instruction.
(b) The school improvement specialists shall provide the following:
(i) Assistance to schools to disaggregate student performance data and develop improvement plans based on those data;
(ii) Consultation with schools and districts concerning their performance on the Washington assessment of student learning and other assessments emphasizing the performance on the mathematics assessments;
(iii) Consultation concerning curricula that aligns with the essential academic learning requirements emphasizing the academic learning requirements for mathematics, the Washington assessment of student learning, and meets the needs of diverse learners;
(iv) Assistance in the identification and implementation of research-based instructional practices in mathematics;
(v) Staff training that emphasizes effective instructional strategies and classroom-based assessment for mathematics;
(vi) Assistance in developing and implementing family and community involvement programs emphasizing mathematics; and
(vii) Other assistance to schools and school districts intended to improve student mathematics learning.
(10) A maximum of $500,000 of the general fund--state appropriation for fiscal year 2002 and a maximum of (($500,000)) $485,000 of the general fund--state appropriation for fiscal year 2003 are provided for summer accountability institutes offered by the superintendent of public instruction and the academic achievement and accountability commission. The institutes shall provide school district staff with training in the analysis of student assessment data, information regarding successful district and school teaching models, research on curriculum and instruction, and planning tools for districts to improve instruction in reading, mathematics, language arts, and guidance and counseling.
(11) $3,930,000 of the general fund--state appropriation for fiscal year 2002 and (($3,829,000)) $3,714,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the Washington reading corps subject to the following conditions and limitations:
(a) Grants shall be allocated to schools and school districts to implement proven, research-based mentoring and tutoring programs in reading for low-performing students in grades K-6. If the grant is made to a school district, the principals of schools enrolling targeted students shall be consulted concerning design and implementation of the program.
(b) The programs may be implemented before, after, or during the regular school day, or on Saturdays, summer, intercessions, or other vacation periods.
(c) Two or more schools may combine their Washington reading corps programs.
(d) A program is eligible for a grant if it meets the following conditions:
(i) The program employs methods of teaching and student learning based on reliable reading/literacy research and effective practices;
(ii) The program design is comprehensive and includes instruction, on-going student assessment, professional development, parental/community involvement, and program management aligned with the school's reading curriculum;
(iii) It provides quality professional development and training for teachers, staff, and volunteer mentors and tutors;
(iv) It has measurable goals for student reading aligned with the essential academic learning requirements; and
(v) It contains an evaluation component to determine the effectiveness of the program.
(e) Funding priority shall be given to low-performing schools.
(f) Beginning and end-of-program testing data shall be available to determine the effectiveness of funded programs and practices. Common evaluative criteria across programs, such as grade-level improvements shall be available for each reading corps program. The superintendent of public instruction shall provide program evaluations to the governor and the appropriate committees of the legislature. Administrative and evaluation costs may be assessed from the annual appropriation for the program.
(g) Grants provided under this section may be used by schools and school districts for expenditures from September 2001 through August 31, 2003.
(12) (($377,000)) $375,000 of the general fund--state appropriation for fiscal year 2002 and (($701,000)) $725,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for salary bonuses for teachers who attain certification by the national board for professional teaching standards((.)), subject to the following conditions and limitations:
(((b) In the 2002-03 school year,)) (a) Teachers who have attained certification by the national board ((in the 2000-01 school year or the 2001-02 school year or the 2002-03 school year)) shall receive an annual bonus not to exceed $3,500.
(((c))) (b) The annual bonus shall be paid in a lump sum amount and shall not be included in the definition of "earnable compensation" under RCW 41.32.010(10).
(((d))) (c) It is the intent of the legislature that teachers achieving certification by the national board of professional teaching standards will receive no more than ((three)) four annual bonus payments for attaining certification by the national board.
(13) $625,000 of the general fund--state appropriation for fiscal year 2002 and (($625,000)) $313,000 of the general fund--state appropriation for fiscal year 2003 are provided for a principal support program. The office of the superintendent of public instruction may contract with an independent organization to administer the program. The program shall include: (a) Development of an individualized professional growth plan for a new principal or principal candidate; and (b) participation of a mentor principal who works over a period of between one and three years with the new principal or principal candidate to help him or her build the skills identified as critical to the success of the professional growth plan.
(14) $71,000 of the general fund--state appropriation for fiscal year 2002 and $71,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the second grade reading test. The funds shall be expended for assessment training for new second grade teachers and replacement of assessment materials.
(15) $384,000 of the general fund--state appropriation for fiscal year 2002 and (($384,000)) $372,000 of the general fund--state appropriation for fiscal year 2003 are provided for the superintendent to assist schools in implementing high academic standards, aligning curriculum with these standards, and training teachers to use assessments to improve student learning. Funds may also be used to increase community and parental awareness of education reform.
(16) $130,000 of the general fund--state appropriation for fiscal year 2002 and (($130,000)) $126,000 of the general fund--state appropriation for fiscal year 2003 are provided for the development and posting of web-based instructional tools, assessment data, and other information that assists schools and teachers implementing higher academic standards.
(17) $1,000,000 of the general fund--state appropriation for fiscal year 2002 and (($1,800,000)) $1,746,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to the office of the superintendent of public instruction for focused assistance. The office of the superintendent of public instruction shall conduct educational audits of low-performing schools and enter into performance agreements between school districts and the office to implement the recommendations of the audit and the community. Of the amounts provided, $219,000 of the fiscal year 2002 appropriation and (($207,000)) $201,000 of the fiscal year 2003 appropriation are provided to the office of the superintendent of public instruction for the administrative duties arising under this subsection. Each educational audit shall include recommendations for best practices and ways to address identified needs and shall be presented to the community in a public meeting to seek input on ways to implement the audit and its recommendations.
(18) $100,000 of the general fund--state appropriation for fiscal year 2002 is provided solely for grants to school districts to adopt or revise district-wide and school-level plans to achieve performance improvement goals established under RCW 28A.655.030, and to post a summary of the improvement plans on district websites using a common format provided by the office of the superintendent of public instruction.
(19) $100,000 of the general fund--state appropriation for fiscal year 2002 is provided solely for recognition plaques for schools that successfully met the fourth grade reading improvement goal established under RCW 28A.655.050.
(20) $46,554,000 of the general fund--federal appropriation is provided for preparing, training, and recruiting high quality teachers and principals under Title II of the no child left behind act.
(21) $6,591,000 of the general fund--federal appropriation is provided for the reading first program under Title I of the no child left behind act.
(22) In addition to amounts provided in subsection (2) of this section, $3,426,000 of the general fund--federal appropriation is provided for the development of state assessments as required under Title VI of the no child left behind act.
Sec. 514. 2001 2nd sp.s. c 7 s 515 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR TRANSITIONAL BILINGUAL PROGRAMS
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((43,044,000))
42,767,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((45,171,000))
44,734,000
General Fund--Federal Appropriation (FY 2003). . . . . . .$ 20,280,000
TOTAL APPROPRIATION. . . $ ((88,215,000))
107,781,000
(1) The general fund--state appropriations in this section are subject to the following conditions and limitations:
(((1))) (a) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(((2))) (b) The superintendent shall distribute a maximum of (($687.19)) $684.36 per eligible bilingual student in the 2001-02 school year and (($687.19)) $674.69 in the 2002-03 school year, exclusive of salary and benefit adjustments provided in section 504 of this act.
(((3))) (c) The superintendent may withhold up to $295,000 in school year 2001-02 and up to (($268,000)) $700,000 in school year 2002-03, and adjust the per eligible pupil rates in subsection (2) of this section accordingly, for the central provision of assessments as provided in section 2(1) and (2) of Engrossed Second Substitute House Bill No. 2025.
(((4))) (d) $70,000 of the amounts appropriated in this section are provided solely to develop a system for the tracking of current and former transitional bilingual program students.
(((5))) (e) Sufficient funding is provided to implement Engrossed Second Substitute House Bill No. 2025 (schools/bilingual instruction).
(2) The general fund--federal appropriation in this section is provided for migrant education, English language acquisition, and language enhancement grants under Title III of the no child left behind act.
Sec. 515. 2001 2nd sp.s. c 7 s 516 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR THE LEARNING ASSISTANCE PROGRAM
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((70,593,000))
71,342,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((68,817,000))
64,614,000
General Fund--Federal Appropriation (FY 2003). . . . . . .$ 130,631,000
TOTAL APPROPRIATION. . . $ ((139,410,000))
266,587,000
(1) The general fund--state appropriations in this section are subject to the following conditions and limitations:
(((1))) (a) Each general fund--state fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(((2))) (b) Funding for school district learning assistance programs shall be allocated at maximum rates of (($408.38)) $407.39 per funded unit for the 2001-02 school year and (($409.41)) $404.78 per funded unit for the 2002-03 school year exclusive of salary and benefit adjustments provided under section 504 of this act.
(((3))) (c) For purposes of this section, "test results" refers to the district results from the norm-referenced test administered in the specified grade level. The norm-referenced test results used for the third and sixth grade calculations shall be consistent with the third and sixth grade tests required under RCW 28A.230.190 and 28A.230.193.
(((4))) (d) A school district's general fund--state funded units for the 2001-02 ((and 2002-03)) school year((s)) shall be the sum of the following:
(((a))) (i) The district's full-time equivalent enrollment in grades K-6, multiplied by the 5-year average 4th grade lowest quartile test results as adjusted for funding purposes in the school years prior to 1999-2000, multiplied by 0.92. As the 3rd grade test becomes available, it shall be phased into the 5-year average on a 1-year lag; and
(((b))) (ii) The district's full-time equivalent enrollment in grades 7-9, multiplied by the 5-year average 8th grade lowest quartile test results as adjusted for funding purposes in the school years prior to 1999-2000, multiplied by 0.92. As the 6th grade test becomes available, it shall be phased into the 5-year average for these grades on a 1-year lag; and
(((c))) (iii) The district's full-time equivalent enrollment in grades 10-11 multiplied by the 5-year average 11th grade lowest quartile test results, multiplied by 0.92. As the 9th grade test becomes available, it shall be phased into the 5-year average for these grades on a 1-year lag; and
(((d))) (iv) 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 multiplied by 22.3 percent.
(((5))) (e)(i) A school district's general fund--state funded units for the 2002-03 school year shall be the sum of the following:
(A) The district's full-time equivalent enrollment in grades K-6, multiplied by the 5-year average 4th grade lowest quartile test results as adjusted for funding purposes in the school years prior to 1999-2000, multiplied by 0.82. As the 3rd grade test becomes available, it shall be phased into the 5-year average on a 1-year lag;
(B) The district's full-time equivalent enrollment in grades 7-9, multiplied by the 5-year average 8th grade lowest quartile test results as adjusted for funding purposes in the school years prior to 1999-2000, multiplied by 0.82. As the 6th grade test becomes available, it shall be phased into the 5-year average for these grades on a 1-year lag; and
(C) The district's full-time equivalent enrollment in grades 10-11 multiplied by the 5-year average 11th grade lowest quartile test results, multiplied by 0.82. As the 9th grade test becomes available, it shall be phased into the 5-year average for these grades on a 1-year lag; and
(D) 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 multiplied by 22.3 percent.
(ii) In addition to amounts allocated under (a) of this subsection, the superintendent shall provide additional amounts as follows:
(A) For school districts receiving less than a 3.0 percent increase in federal Title I Part A (basic program) funds, the multiplier in (i)(A), (B), and (C) of this subsection (e) shall be .92;
(B) For school districts not eligible for additional funds under (b)(i) of this subsection, and whose effective increase in federal Title I Part A (basic program) funds is less than 3.0 percent after taking into account the change in the multiplier from .92 to .82, an additional amount to provide a 3.0 percent increase.
(f) School districts may carry over from one year to the next up to 10 percent of general fund--state funds allocated under this program; however, carryover funds shall be expended for the learning assistance program.
(2) The general fund--federal appropriation in this section is provided for Title I Part A allocations of the no child left behind act of 2001.
Sec. 516. 2001 2nd sp.s. c 7 s 517 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--LOCAL ENHANCEMENT FUNDS
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((19,515,000))
19,663,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((17,516,000))
3,541,000
TOTAL APPROPRIATION. . . $ ((37,031,000))
23,204,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(2) Funds are provided for local education program enhancements to meet educational needs as identified by the school district, including alternative education programs.
(3) Allocations for the 2001-02 school year shall be at a maximum annual rate of $18.48 per full-time equivalent student ((and $18.48 per full-time equivalent student for the 2002-03 school year)). Allocations shall be made on the monthly apportionment payment schedule provided in RCW 28A.510.250 and shall be based on school district annual average full-time equivalent enrollment in grades kindergarten through twelve: PROVIDED, That for school districts enrolling not more than one hundred average annual full-time equivalent students, and for small school plants within any school district designated as remote and necessary schools, the allocations shall be as follows:
(a) Enrollment of not more than sixty average annual full-time equivalent students in grades kindergarten through six shall generate funding based on sixty full-time equivalent students;
(b) Enrollment of not more than twenty average annual full-time equivalent students in grades seven and eight shall generate funding based on twenty full-time equivalent students; and
(c) Enrollment of not more than sixty average annual full-time equivalent students in grades nine through twelve shall generate funding based on sixty full-time equivalent students.
(4) Funding provided pursuant to this section does not fall within the definition of basic education for purposes of Article IX of the state Constitution and the state's funding duty thereunder.
(5) The superintendent shall not allocate up to one-fourth of a district's funds under this section if:
(a) The district is not maximizing federal matching funds for medical services provided through special education programs, pursuant to RCW 74.09.5241 through 74.09.5256 (Title XIX funding); or
(b) The district is not in compliance in filing truancy petitions as required under chapter 312, Laws of 1995 and RCW 28A.225.030.
NEW SECTION. Sec. 517. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--STATE FLEXIBLE EDUCATION FUNDS
General Fund--State Appropriation (FY 2003).. . . . . . . .$ 20,612,000
The appropriation in this section is subject to the following conditions and limitations:
(1) State flexible education funds for the 2002-03 school year shall be allocated at a maximum rate of $21.55 per full-time equivalent student in grades K-12. For the purpose of this section, "FTE student" refers to the annual average full-time equivalent enrollment of the school district in grades kindergarten through twelve for the prior school year. The funds shall be distributed to school districts at ten percent per month for the months of September through June.
(2) Funds are provided for local education program enhancements to improve student learning as identified by each school district, including the following programs: Paraprofessional training; mentor/beginning teacher assistance; principal assessment and mentorships; superintendent and principal internships; school safety; truancy; contracting with educational centers; and complex needs.
(3) Funds provided under this section shall not be used for salary increases or additional compensation for existing teaching duties.
(4) Funding provided under this section does not fall within the definition of basic education for purposes of Article IX of the state Constitution.
Sec. 518. 2001 2nd sp.s. c 7 s 519 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR STUDENT ACHIEVEMENT PROGRAM
Student Achievement Fund--State
Appropriation (FY 2002). . . . . . . . . . . . . . . . . .$ ((184,232,000))
180,837,000
Student Achievement Fund--State
Appropriation (FY 2003). . . . . . . . . . . . . . . . . .$ ((209,068,000))
210,312,000
TOTAL APPROPRIATION. . . $ ((393,300,000))
391,149,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriation is allocated for the following uses as specified in chapter 28A.505 RCW as amended by chapter 3, Laws of 2001 (Initiative Measure No. 728):
(a) To reduce class size by hiring certificated elementary classroom teachers in grades K-4 and paying nonemployee-related costs associated with those new teachers;
(b) To make selected reductions in class size in grades 5-12, such as small high school writing classes;
(c) To provide extended learning opportunities to improve student academic achievement in grades K-12, including, but not limited to, extended school year, extended school day, before-and-after-school programs, special tutoring programs, weekend school programs, summer school, and all-day kindergarten;
(d) To provide additional professional development for educators including additional paid time for curriculum and lesson redesign and alignment, training to ensure that instruction is aligned with state standards and student needs, reimbursement for higher education costs related to enhancing teaching skills and knowledge, and mentoring programs to match teachers with skilled, master teachers. The funding shall not be used for salary increases or additional compensation for existing teaching duties, but may be used for extended year and extend day teaching contracts;
(e) To provide early assistance for children who need prekindergarten support in order to be successful in school; or
(f) To provide improvements or additions to school building facilities which are directly related to the class size reductions and extended learning opportunities under (a) through (c) of this subsection.
(2) Funding for school district student achievement programs shall be allocated at a maximum rate of (($193.92)) $190.19 per FTE student for the 2001-02 school year and (($220.59)) $219.84 per FTE student for the 2002-03 school year. For the purposes of this section and in accordance with ((RCW 84.52.--- (section 5 of Initiative Measure No. 728))) RCW 84.52.068, FTE student refers to the annual average full-time equivalent enrollment of the school district in grades kindergarten through twelve for the prior school year.
(3) The office of the superintendent of public instruction shall distribute ten percent of the annual allocation to districts each month for the months of September through June.
Sec. 519. 2001 2nd sp.s. c 7 s 521 (uncodified) is amended to read as follows:
Education Savings Account--State
Appropriation. . . . . . . . . . . . . . . . . .$ ((36,720,000))
36,656,000
Education Construction Account--State
Appropriation. . . . . . . . . . . . . . . . . .$ ((154,500,000))
111,800,000
TOTAL APPROPRIATION. . . . . . . $ ((191,220,000))
148,456,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($18,000,000)) $17,936,000 in fiscal year 2002 and $18,720,000 in fiscal year 2003 of the education savings account appropriation shall be deposited in the common school construction account.
(2) (($154,500,000)) $111,800,000 of the education construction account appropriation shall be deposited in the common school construction account.
PART VI
HIGHER EDUCATION
Sec. 601. 2001 2nd sp.s. c 7 s 601 (uncodified) is amended to read as follows:
The appropriations in sections 603 through 609 of this act are subject to the following conditions and limitations:
(1) "Institutions" means the institutions of higher education receiving appropriations under sections 603 through 609 of this act.
(2)(a) The salary increases provided or referenced in this subsection shall be the only 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 and 28B.50.874(1).
(b) Each institution of higher education shall provide to each classified staff employee as defined by the office of financial management, except for classified staff at the technical colleges, a salary increase of 3.7 percent on July 1, 2001. The technical colleges shall provide to classified employees under chapter 41.56 RCW an average salary increase of 3.7 percent on July 1, 2001, and 3.6 percent on July 1, 2002. ((Funds are also provided for salary increases for all classified employees on July 1, 2002, in a percentage amount to be determined by the 2002 legislature and, in the case of technical college classified staff, consistent with the provisions of Initiative 732.))
(c) Each institution of higher education, except for the community and technical colleges, shall provide to state-funded 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 state-funded nonclassified staff, including those employees under RCW 28B.16.015, an average salary increase of 3.7 percent on July 1, 2001. ((Funds are also provided for salary increases for these employee groups on July 1, 2002, in a percentage amount to be determined by the 2002 legislature.)) Each institution may provide the same average increases to similar positions that are not state-funded.
(d) The community and technical colleges shall provide to academic employees, ((exempt professional staff, and academic administrators)) as defined in RCW 28B.52.020 pursuant to the provisions of Initiative Measure No. 732, an average salary increase of 3.7 percent on July 1, 2001, and 3.6 percent on July 1, 2002. ((Funds are also provided for salary increases for these groups on July 1, 2002, in a percentage amount to be determined by the 2002 legislature and, in the case of community college academic employees and technical college employees, consistent with the provisions of Initiative 732.))
(e) For employees under the jurisdiction of chapter 41.56 RCW pursuant to the provisions of RCW 28B.16.015 and 28B.50.874(1), 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.
(f) Each institution of higher education receiving appropriations for salary increases under sections 604 through 609 of this act may provide additional salary increases from other sources 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. Any additional salary increase granted under the authority of this subsection (2)(f) shall not be included in an institution's salary base for future state funding. 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)(f) or under rights granted to award additional compensation with local, nonstate funds under the collective bargaining provisions of Second Substitute House Bill No. 2403 (faculty collective bargaining) or Engrossed Second Substitute House Bill No. 2540 (collective bargaining/University of Washington).
(g) 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.
(h) Specific salary increases authorized in sections 603 through 609 of this act are in addition to any salary increase provided in this subsection.
(3) The tuition fees, as defined in chapter 28B.15 RCW, charged to full-time students at the state's institutions of higher education for the 2001-02 and 2002-03 academic years, other than the summer term, may be adjusted by the governing boards of the state universities, regional universities, The Evergreen State College, and the state board for community and technical colleges as provided in this subsection.
(a) For the 2001-02 academic year, the governing boards and the state board may implement an increase no greater than six and seven-tenths percent over tuition fees charged to full-time students for the 2000-01 academic year.
(b)(i) For the 2002-03 academic year, the governing boards ((and the state board may implement an increase no greater than six and one-tenth percent over the tuition fees charged to full-time students for the 2001-02 academic year.)) of the state universities may implement an increase no greater than sixteen percent over tuition fees charged to full-time resident undergraduate students for the 2001-02 academic year.
(ii) For the 2002-03 academic year, the governing boards of the regional universities and The Evergreen State College may implement an increase no greater than fourteen percent over tuition fees charged to full-time resident undergraduate students for the 2001-02 academic year.
(iii) For the 2002-03 academic year, the state board for community and technical colleges may implement an increase no greater than twelve percent over tuition fees charged to full-time resident undergraduate students for the 2001-02 academic year.
(iv) Pursuant to RCW 43.135.055, for the 2002-03 academic year, the governing boards of the state universities, the regional universities, The Evergreen State College, and the state board for community and technical colleges may implement an increase in excess of the fiscal growth factor over tuition fees charged to nonresident undergraduate students for the 2001-02 academic year.
(c) For the 2001-02 academic year, the governing boards may implement an increase for law and graduate business programs no greater than twelve percent over tuition fees charged to law and graduate business students for the 2000-01 academic year, except as provided in (e) of this subsection.
(d) Pursuant to RCW 43.135.055, for the 2002-03 academic year, the governing boards ((may implement an increase for law and graduate business programs no greater than twelve percent over tuition fees charged to law and graduate business students for the 2001-02 academic year, except as provided in (f) of this subsection.)) of the state universities, the regional universities, and The Evergreen State College may implement an increase in excess of the fiscal growth factor over tuition fees charged to graduate, law, and professional students for the 2001-02 academic year.
(e) For the 2001-02 academic year, the governing boards of the University of Washington may implement an increase for graduate business programs no greater than 15 percent over tuition fees charged to graduate business students for the 2000-01 academic year.
(f) ((For the 2002-03 academic year, the governing boards of the University of Washington may implement an increase for graduate business programs no greater than 20 percent over tuition fees charged to graduate business students for the 2001-02 academic year.
(g))) (i) For the 2001-02 ((and the 2002-03)) academic year((s)), the state board for community and technical colleges may increase tuition fees differentially based on student credit hour load, but the average percentage increase for students taking fifteen or fewer credits shall not exceed ((the limits in subsection (3)(a) and (b) of this section)) twelve percent.
(ii) For the 2002-03 academic year, the state board for community and technical colleges may increase tuition fees differentially at their discretion.
(((h))) (g) For the 2001-03 biennium, the governing boards and the state board may adjust full-time operating fees for factors that may include time of day and day of week, as well as delivery method and campus, to encourage full use of the state's educational facilities and resources.
(((i))) (h) The tuition increases adopted under (a), (b), (((g))) (f), and (((h))) (g) of this subsection need not apply uniformly across student categories as defined in chapter 28B.15 RCW so long as the increase for each student category does not exceed the percentages specified in this subsection.
(4) ((In addition to waivers granted under the authority of RCW 28B.15.910, the governing boards and the state board may waive all or a portion of the operating fees for any student.)) For the remainder of the 2001-03 biennium, the governing boards and the state board are encouraged to reduce waiver activity in recognition of the need to retain available resources to preserve the educational quality of higher education institutions. State general fund appropriations shall not be provided to replace tuition and fee revenue foregone as a result of waivers granted under ((this subsection)) authority of RCW 28B.15.915.
(5) Pursuant to RCW ((43.15.055)) 43.135.055, institutions of higher education receiving appropriations under sections 603 through 609 of this act are authorized to increase summer term tuition in excess of the fiscal growth factor during the 2001-03 biennium. Tuition levels increased pursuant to this subsection shall not exceed the per credit hour rate calculated from the academic year tuition levels adopted under this act.
(6) Community colleges may increase services and activities fee charges in excess of the fiscal growth factor up to the maximum level authorized by the state board for community and technical colleges.
(7) Each institution receiving appropriations under sections 604 through 609 of this act shall submit a biennial plan to achieve measurable and specific improvements each academic year as part of a continuing effort to make meaningful and substantial progress towards the achievement of long-term performance goals. The plans, to be prepared at the direction of the higher education coordinating board, shall be submitted by August 15, 2001. The higher education coordinating board shall set biennial performance targets for each institution and shall review actual achievements annually. Institutions shall track their actual performance on the statewide measures as well as faculty productivity, the goals and targets for which may be unique to each institution. A report on progress towards statewide and institution-specific goals, with recommendations for the ensuing biennium, shall be submitted to the fiscal and higher education committees of the legislature by November 15, 2003.
(8) The state board for community and technical colleges shall develop a biennial plan to achieve measurable and specific improvements each academic year as part of a continuing effort to make meaningful and substantial progress to achieve long-term performance goals. The board shall set biennial performance targets for each college or district, where appropriate, and shall review actual achievements annually. Colleges shall track their actual performance on the statewide measures. A report on progress towards the statewide goals, with recommendations for the ensuing biennium, shall be submitted to the fiscal and higher education committees of the legislature by November 15, 2003.
Sec. 602. 2001 2nd sp.s. c 7 s 602 (uncodified) is amended to read as follows:
The appropriations in sections 603 through 609 of this act provide state general fund support for full-time equivalent student enrollments at each institution of higher education. Listed below are the annual full-time equivalent student enrollments by institutions assumed in this act.
2001-2002 2002-2003
Annual Annual
Average Average
University of Washington
Main campus 32,321 32,427
Bothell branch 1,169 1,235
Tacoma branch 1,330 1,484
Washington State University
Main campus 17,332 17,332
Spokane branch 551 593
Tri-Cities branch 616 616
Vancouver branch 1,071 1,153
Central Washington University 7,470 7,470
Eastern Washington University 7,933 8,017
The Evergreen State College 3,754 3,837
Western Washington University 10,976 11,126
State Board for Community and
Technical Colleges 125,082 ((126,902))
128,222
When allocating newly budgeted enrollments, each institution of higher education shall give priority to high demand fields, including but not limited to technology, health professions, and education. At the end of each fiscal year, each institution of higher education and the state board for community and technical colleges shall submit a report to the higher education coordinating board detailing how newly budgeted enrollments have been allocated.
Sec. 603. 2001 2nd sp.s. c 7 s 603 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((514,399,000))
514,141,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((543,731,000))
533,500,000
General Fund--Federal Appropriation. . . . . . . .. . . . . . . .$ 11,404,000
Administrative Contingency Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,600,000
College Faculty Awards Trust Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,500,000
Education Savings Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,500,000
TOTAL APPROPRIATION. . . $ ((1,074,034,000))
1,068,645,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The technical colleges may increase tuition and fees in excess of the fiscal growth factor to conform with the percentage increase in community college operating fees.
(2) $2,475,000 of the general fund--state appropriation for fiscal year 2002 and $5,025,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to increase salaries and related benefits for part-time faculty. The board shall report by December 1 of each fiscal year to the office of financial management and legislative fiscal and higher education committees on (a) the distribution of state funds; (b) wage adjustments for part-time faculty; and (c) progress to achieve the long-term performance targets for each district, with respect to use of part-time faculty, pursuant to the faculty mix study conducted under section 603, chapter 309, Laws of 1999.
(3) $1,155,000 of the general fund--state appropriation for fiscal year 2002 and (($2,345,000)) $1,155,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for faculty salary increments and associated benefits and 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.
(4) $1,000,000 of the general fund--state appropriation for fiscal year 2002 and $1,000,000 of the general fund--state appropriation for fiscal year 2003 are provided for a program to fund the start-up of new community and technical college programs in rural counties as defined under RCW 43.160.020(12) and in communities impacted by business closures and job reductions. Successful proposals must respond to local economic development strategies and must include a plan to continue programs developed with this funding.
(5) $326,000 of the general fund--state appropriation for fiscal year 2002 and $640,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for allocation to twelve college districts identified in (a) through (l) of this subsection to prepare students for transfer to the state technology institute at the Tacoma branch campus of the University of Washington. The appropriations in this section are intended to supplement, not supplant, general enrollment allocations by the board to the districts under (a) through (l) of this subsection:
(a) Bates Technical College;
(b) Bellevue Community College;
(c) Centralia Community College;
(d) Clover Park Community College;
(e) Grays Harbor Community College;
(f) Green River Community College;
(g) Highline Community College;
(h) Tacoma Community College;
(i) Olympic Community College;
(j) Pierce District;
(k) Seattle District; and
(l) South Puget Sound Community College.
(6) $28,761,000 of the general fund--state appropriation for fiscal year 2002 ((and $28,761,000)), $32,761,000 of the general fund--state appropriation for fiscal year 2003, and the entire administrative contingency account appropriation are provided solely as special funds for training and related support services, including financial aid, as specified in chapter 226, Laws of 1993 (employment and training for unemployed workers).
(a) Funding is provided to support up to 7,200 full-time equivalent students in ((each)) fiscal year 2002 and up to 8,520 full-time equivalent students in fiscal year 2003.
(b) In directing these resources during the 2001-03 biennium, the state board for community and technical colleges shall give considerable attention to the permanent dislocation of workers from industries facing rapidly rising energy costs, such as direct service industries.
(7) $1,000,000 of the general fund--state appropriation for fiscal year 2002 and $1,000,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for tuition support for students enrolled in work-based learning programs.
(8) $567,000 of the general fund--state appropriation for fiscal year 2002 and $568,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for administration and customized training contracts through the job skills program.
(9) $50,000 of the general fund--state appropriation for fiscal year 2002 and $50,000 of the general fund--state appropriation for fiscal year 2003 are solely for higher education student child care matching grants under chapter 28B.135 RCW.
(10) $212,000 of the general fund--state appropriation for fiscal year 2002 and $212,000 of the general fund--state appropriation for fiscal year 2003 are provided for allocation to Olympic college. The college shall contract with accredited baccalaureate institution(s) to bring a program of upper-division courses to Bremerton. Funds provided are sufficient to support at least 30 additional annual full-time equivalent students. The state board for community and technical colleges shall report to the office of financial management and the fiscal and higher education committees of the legislature on the implementation of this subsection by December 1st of each fiscal year.
(11) The entire education savings account appropriation is provided solely to support the development of a multicollege student-centered online service center for distance learners, including self-service internet applications and staff support 24 hours per day. Moneys may be allocated by the office of financial management upon certification that sufficient cash is available beyond the appropriations made for the 2001-03 biennium for the purposes of common school construction.
(12) $9,500,000 of the general fund--state appropriation for fiscal year 2003 and the entire college faculty awards trust account appropriation are provided solely for the purposes of the settlement costs of Mader v. State litigation regarding retirement contributions on behalf of part-time faculty.
Sec. 604. 2001 2nd sp.s. c 7 s 604 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((345,974,000))
345,904,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((361,114,000))
336,544,000
Death Investigations Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((259,000))
258,000
University of Washington Building Account--
State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 1,103,000
Accident Account--State Appropriation. . . . . .. . . . . . . .$ ((5,891,000))
5,881,000
Medical Aid Account--State Appropriation. . . . . . . . . . .$ ((5,945,000))
5,937,000
TOTAL APPROPRIATION. . . $ ((720,286,000))
695,627,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The university may reallocate 10 percent of newly budgeted enrollments to campuses other than as specified by the legislature in section 602 of this act in order to focus on high demand areas. The university shall report the details of these reallocations to the office of financial management and the fiscal and higher education committees of the legislature for monitoring purposes by the 10th day of the academic quarter that follows the reallocation actions. The report shall provide details of undergraduate and graduate enrollments at the main campus and each of the branch campuses.
(2) $2,000,000 of the general fund--state appropriation for fiscal year 2002 and $2,000,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to create a state resource for technology education in the form of an institute located at the University of Washington, Tacoma. It is the intent of the legislature that at least ninety-nine of the full-time equivalent enrollments allocated to the university's Tacoma branch campus for the 2002-03 academic year may be used to establish the technology institute. The university will expand undergraduate and graduate degree programs meeting regional technology needs including, but not limited to, computing and software systems. As a condition of these appropriations:
(a) The university will work with the state board for community and technical colleges, or individual colleges where necessary, to establish articulation agreements in addition to the existing associate of arts and associate of science transfer degrees. Such agreements shall improve the transferability of students and in particular, students with substantial applied information technology credits.
(b) The university will establish performance measures for recruiting, retaining and graduating students, including nontraditional students, and report back to the governor and legislature by September 2002 as to its progress and future steps.
(3) $150,000 of the general fund--state appropriation for fiscal year 2002 and $150,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for research faculty clusters in the advanced technology initiative program.
(4) The department of environmental health shall report to the legislature the historical, current, and anticipated use of funds provided from the accident and medical aid accounts. The report shall be submitted prior to the convening of the 2002 legislative session.
(5) (($259,000)) $258,000 of the death investigations account appropriation is provided solely for the forensic pathologist fellowship program.
(6) $150,000 of the general fund--state appropriation for fiscal year 2002 and $150,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the implementation of the Puget Sound work plan and agency action item UW-01.
(7) $75,000 of the general fund--state appropriation for fiscal year 2002 and $75,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the Olympic natural resource center.
(8) $50,000 of the general fund--state appropriations are provided solely for the school of medicine to conduct a survey designed to evaluate characteristics, factors and probable causes for the high incidence of multiple sclerosis cases in Washington state.
(9) $1,103,000 of the University of Washington building account--state appropriation is provided solely for the repair and reconstruction of the Urban Horticulture Center (Merrill Hall).
(10) $2,774,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for competitively offered recruitment and retention salary adjustments for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments.
Sec. 605. 2001 2nd sp.s. c 7 s 605 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((201,416,000))
201,362,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((209,939,000))
195,533,000
TOTAL APPROPRIATION. . . $ ((411,355,000))
396,895,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The university may reallocate 10 percent of newly budgeted enrollments to campuses other than specified by the legislature in section 602 of this act in order to focus on high demand areas. The university will report the details of these reallocations to the office of financial management and the fiscal and higher education committees of the legislature for monitoring purposes by the 10th day of the academic quarter that follows the reallocation actions. The report will provide details of undergraduate and graduate enrollments at the main campus and each of the branch campuses.
(2) $150,000 of the general fund--state appropriation for fiscal year 2002 and $150,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for research faculty clusters in the advanced technology initiative program.
(3) $165,000 of the general fund--state appropriation for fiscal year 2002 and $166,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the implementation of the Puget Sound work plan and agency action item WSU-01.
(4) $1,726,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for competitively offered recruitment and retention salary adjustments for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments.
Sec. 606. 2001 2nd sp.s. c 7 s 606 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((45,532,000))
45,517,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((47,382,000))
44,174,000
TOTAL APPROPRIATION. . . $ ((92,914,000))
89,691,000
The appropriations in this section are subject to the following conditions and limitations: $450,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for competitively offered recruitment and retention salary adjustments for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments.
Sec. 607. 2001 2nd sp.s. c 7 s 607 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((44,164,000))
44,147,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((44,976,000))
42,149,000
TOTAL APPROPRIATION. . . $ ((89,140,000))
86,296,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $700,000 of the general fund--state appropriation for fiscal year 2002 ((is)) and $350,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the development and implementation of the university's enrollment stabilization recovery and growth plan. The university shall report back to the fiscal committees of the legislature, the office of financial management, and the higher education coordinating board at the end of each fiscal year with details of its actions and progress.
(2) $374,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for competitively offered recruitment and retention salary adjustments for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments.
Sec. 608. 2001 2nd sp.s. c 7 s 608 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((25,334,000))
25,325,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((26,260,000))
24,474,000
TOTAL APPROPRIATION. . . $ ((51,594,000))
49,799,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $226,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for competitively offered recruitment and retention salary adjustments for 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. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments.
(2) $75,000 of the general fund--state appropriation for fiscal year 2002 is provided solely for the institute for public policy to complete studies of services described in section 202(1), chapter 1, Laws of 2000 2nd sp. sess.
(((2))) (3) $11,000 of the general fund--state appropriation for fiscal year 2002 and $54,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the institute for public policy to conduct an outcome evaluation pursuant to Substitute Senate Bill No. 5416 (drug-affected infants). The institute shall provide a report to the fiscal, health, and human services committees of the legislature by December 1, 2003. If the bill is not enacted by June 30, 2001, the amounts provided in this subsection shall be used to evaluate outcomes across state health and social service pilot projects and other national models involving women who have given birth to a drug-affected infant, comparing gains in positive birth outcomes for resources invested, in which case the institute's findings and recommendations will be provided by November 15, 2002.
(((3))) (4) $11,000 of the general fund--state appropriation for fiscal year 2002 and $33,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the institute for public policy to evaluate partnership grant programs for alternative teacher certification pursuant to Engrossed Second Substitute Senate Bill No. 5695. An interim report shall be provided to the fiscal and education committees of the legislature by December 1, 2002, and a final report by December 1, 2004.
(((4))) (5) $60,000 of the general fund--state appropriation for fiscal year 2002 is provided solely for the institute for public policy to examine options for revising the state's funding formula for the learning assistance program to enhance accountability for school performance in meeting education reform goals. The institute shall submit its report to the appropriate legislative fiscal and policy committees by June 30, 2002.
(((5))) (6) $50,000 of the general fund--state appropriation for fiscal year 2002 is provided solely for the institute for public policy to study the prevalence and needs of families who are raising related children. The study shall compare services and policies of Washington state with other states that have a high rate of kinship care placements in lieu of foster care placements. The study shall identify possible changes in services and policies that are likely to increase appropriate kinship care placements. A report shall be provided to the fiscal and human services committees of the legislature by June 1, 2002.
(((6))) (7) $35,000 of the general fund--state appropriation for fiscal year 2002 and $15,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the institute for public policy to examine various educational delivery models for providing services and education for students through the Washington state school for the deaf. The institute's report, in conjunction with the capacity planning study from the joint legislative audit and review committee, shall be submitted to the fiscal committees of the legislature by September 30, 2002.
(((7))) (8) $30,000 of the general fund--state appropriation for fiscal year 2002 is provided solely for the institute for public policy to examine the structure, policies, and recent experience in states where welfare recipients may attend college full-time as their required TANF work activity. The institute will provide findings and recommend how Washington could consider adding this feature in a targeted, cost-neutral manner that would complement the present-day WorkFirst efforts and caseload. The institute shall provide a report to the human services, higher education, and fiscal committees of the legislature by November 15, 2001.
(((8))) (9) $75,000 of the general fund--state appropriation for fiscal year 2002 and $75,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the institute for public policy to research and evaluate strategies for constraining the growth in state health expenditures. Specific research topics, approaches, and timelines shall be identified in consultation with the fiscal committees of the legislature.
(((9))) (10) $100,000 of the general fund--state appropriation for fiscal year 2002 is provided solely for the institute for public policy to conduct a comprehensive review of the costs and benefits of existing juvenile crime prevention and intervention programs. This evaluation shall also consider what changes could result in more cost-effective and efficient funding for juvenile crime prevention and intervention programs presently supported with state funds. The institute for public policy shall report its findings and recommendations to the appropriate legislative fiscal and policy committees by October 1, 2002.
(11) $60,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for the institute for public policy to conduct the studies listed in (a), (b), (c), and (d) of this subsection.
(a) The institute for public policy shall conduct a review of branch campuses of the state's higher education research universities. The study shall examine: (a) The original mission of branch campuses; (b) the extent branch campuses are meeting their original mission; and (c) the extent key factors that led to the creation of branch campuses have changed, including student demographics, demand for and availability of upper division higher education, and local or state labor markets. The study shall also include a range of policy options the legislature could consider regarding branch campuses. The institute shall submit an interim report by December 12, 2002, and a final report by June 30, 2003, to appropriate legislative committees.
(b) The institute for public policy shall conduct a study to review the mission and operations of the higher education coordinating board. The study shall include evaluation of the board's role and current practices in policy setting, evaluation, review and approval of higher education programs and budgets, and administration of financial aid programs. In conducting the study, the institute shall work with legislative staff of the house of representatives and senate. The institute shall submit its findings to the higher education and fiscal committees of the legislature by December 12, 2002.
(c) The institute for public policy shall conduct a study to research at-risk youth programs. The institute for public policy shall conduct the necessary research in order to recommend to the legislature the criteria, processes, and institutional arrangements under which proven best practices could be identified, the reductions in the state justice system caseloads estimated, and the unit cost and total cost savings estimated for the intervention and prevention programs focused on youth at high risk for involvement with the juvenile and adult justice systems. The development of criteria, processes, and institutional arrangements for the limited purposes of this study shall not be construed to define best practices for all programs. The institute for public policy shall report its findings and recommendations to the appropriate committees of the legislature by December 12, 2002.
(d) The institute for public policy shall carry out the research tasks assigned to it in Second Substitute House Bill No. 2338 or Substitute Senate Bill No. 6361 (drug offender sentencing). The board may adjust reporting dates based on available data and required analysis.
Sec. 609. 2001 2nd sp.s. c 7 s 609 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((59,755,000))
59,732,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((62,881,000))
58,418,000
TOTAL APPROPRIATION. . . $ ((122,636,000))
118,150,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $753,000 of the general fund--state appropriation for fiscal year 2002 and (($1,032,000)) $980,400 of the general fund--state appropriation for fiscal year 2003 are provided solely for the operations of the North Snohomish, Island, Skagit (NSIS) higher education consortium.
(2) $450,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for competitively offered recruitment and retention salary adjustments for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments.
Sec. 610. 2001 2nd sp.s. c 7 s 610 (uncodified) is amended to read as follows:
FOR THE HIGHER EDUCATION COORDINATING BOARD--POLICY COORDINATION AND ADMINISTRATION
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 2,345,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((2,408,000))
2,288,000
General Fund--Federal Appropriation. . . . . . . .. . . . . . . .$ 636,000
TOTAL APPROPRIATION. . . $ ((5,389,000))
5,269,000
The appropriations in this section are provided to carry out the policy coordination, planning, studies and administrative functions of the board and are subject to the following conditions and limitations:
(1) $150,000 of the general fund--state appropriation for fiscal year 2002 and $150,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to continue the teacher training pilot program pursuant to chapter 177, Laws of 1999.
(2) $105,000 of the general fund--state appropriation for fiscal year 2002 and $245,000 of the general fund--state appropriation for fiscal year 2003 are provided solely to continue a demonstration project to improve rural access to post-secondary education by bringing distance learning technologies into Jefferson county.
Sec. 611. 2001 2nd sp.s. c 7 s 611 (uncodified) is amended to read as follows:
FOR THE HIGHER EDUCATION COORDINATING BOARD--FINANCIAL AID AND GRANT PROGRAMS
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 123,645,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((136,205,000))
135,880,000
General Fund--Federal Appropriation. . . . . . . .. . . . . . . .$ 7,511,000
Advanced College Tuition Payment Program Account--
State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((3,604,000))
1,803,000
TOTAL APPROPRIATION. . . $ ((270,965,000))
268,839,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $534,000 of the general fund--state appropriation for fiscal year 2002 and $529,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the displaced homemakers program.
(2) $234,000 of the general fund--state appropriation for fiscal year 2002 and $240,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the western interstate commission for higher education.
(3) $1,000,000 of the general fund--state appropriation for fiscal year 2002 and $1,000,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the health professional conditional scholarship and loan program under chapter 28B.115 RCW. This amount shall be deposited to the health professional loan repayment and scholarship trust fund to carry out the purposes of the program.
(4) $1,000,000 of the general fund--state appropriations is provided solely to continue a demonstration project that enables classified public K-12 employees to become future teachers, subject to the following conditions and limitations:
(a) Within available funds, the board may renew and offer conditional scholarships of up to $4,000 per year for full or part-time studies that may be forgiven in exchange for teaching service in Washington's public K-12 schools. In selecting loan recipients, the board shall take into account the applicant's demonstrated academic ability and commitment to serve as a teacher within the state of Washington.
(b) Loans shall be forgiven at the rate of one year of loan for two years of teaching service. Recipients who teach in geographic or subject-matter shortage areas, as specified by the office of the superintendent for public instruction, may have their loans forgiven at the rate of one year of loan for one year of teaching service;
(c) Recipients who fail to fulfill the required teaching service shall be required to repay the conditional loan with interest. The board shall define the terms for repayment, including applicable interest rates, fees and deferments, and may adopt other rules as necessary to implement this demonstration project.
(d) The board may deposit this appropriation and all collections into the student loan account authorized in RCW 28B.102.060.
(e) The board will provide the legislature and governor with findings about the impact of this demonstration project on persons entering the teaching profession in shortage areas by no later than January of 2002.
(5) $75,000 of the general fund--state appropriation for fiscal year 2002 and $75,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for higher education student child care matching grants under chapter 28B.135 RCW.
(6) $25,000 of the general fund--state appropriation for fiscal year 2002 and $25,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the benefit of students who participate in college assistance migrant programs (CAMP) operating in Washington state. To ensure timely state aid, the board may establish a date after which no additional grants would be available for the 2001-02 and 2002-03 academic years. The board shall disperse grants in equal amounts to eligible post-secondary institutions so that state money in all cases supplements federal CAMP awards.
(7) $120,156,000 of the general fund--state appropriation for fiscal year 2002 and (($133,965,000)) $133,761,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for student financial aid, including all administrative costs. Of these amounts:
(a) $90,566,000 of the general fund--state appropriation for fiscal year 2002 and (($102,667,000)) $104,913,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the state need grant program. 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. For the remainder of the 2001-03 biennium, the higher education coordinating board shall limit or suspend growth to individual state need grant levels to the extent necessary to ensure that students who meet the financial eligibility requirements of fifty-five percent of median family income are served;
(b) $16,340,000 of the general fund--state appropriation for fiscal year 2002 and $17,360,000 of the general fund--state appropriation for fiscal year 2003 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. Four percent of the general fund--state amount in this subsection for fiscal year 2003 may be expended for state work study program administration;
(c) $2,920,000 of the general fund--state appropriation for fiscal year 2002 and $2,920,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for educational opportunity grants. The board may deposit sufficient funds from its appropriation into the state education trust fund as established in RCW 28B.10.821 to provide a one-year renewal of the grant for each new recipient of the educational opportunity grant award. 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;
(d) A maximum of 2.1 percent of the general fund--state appropriation for fiscal year 2002 and ((2.1)) 1.8 percent of the general fund--state appropriation for fiscal year 2003 may be expended for financial aid administration, excluding the 4 percent state work study program administrative allowance provision;
(e) $1,241,000 of the general fund--state appropriation for fiscal year 2002 and $1,428,000 of the general fund--state appropriation for fiscal year 2003 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 the Washington award for vocational excellence;
(f) $588,000 of the general fund--state appropriation for fiscal year 2002 and $589,000 of the general fund--state appropriation for fiscal year 2003 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 the Washington scholars program;
(g) $251,000 of the general fund--state appropriation for fiscal year 2002 and $251,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for community scholarship matching grants of $2,000 each. Of the amounts provided, no more than $5,200 each year is for the administration of the community scholarship matching grant program. 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. An organization may receive more than one $2,000 matching grant and preference shall be given to organizations affiliated with the citizens' scholarship foundation; and
(h) $8,250,000 of the general fund--state appropriation for fiscal year 2002 and (($8,750,000)) $6,300,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the Washington promise scholarship program subject to the following conditions and limitations:
(i) Within available funds, the higher education coordinating board shall award scholarships for use at accredited institutions of higher education in the state of Washington to as many students as possible from among those qualifying under (iv) of this subsection. Each qualifying student will receive two consecutive annual installments, the value of each not to exceed the full-time annual resident tuition rates charged by community colleges. Scholarships awarded to new recipients for the 2002-03 academic year shall not exceed one-thousand dollars per student.
(ii) Of the amounts provided, no more than $260,000 ((each year is)) in fiscal year 2002 and no more than $250,000 in fiscal year 2003 are for administration of the Washington promise scholarship program.
(iii) Other than funds provided for program administration, the higher education coordinating board shall deposit all money received for the program in the Washington promise scholarship account, a nonappropriated fund in the custody of the state treasurer. The account shall be self-sustaining and consist of funds appropriated by the legislature for these scholarships, private contributions, and receipts from refunds of tuition and fees.
(iv) Scholarships in the ((2001-03 biennium)) 2001-02 academic year shall be awarded to students ((who graduate from high school or its equivalent)) whose family income does not exceed one hundred thirty-five percent of the state's median family income, adjusted for family size, if they meet any of the following academic criteria:
(A) Students graduating from public and approved private high schools under chapter 28A.195 RCW must be in the top fifteen percent of their graduating class, or must equal or exceed a cumulative scholastic assessment test score of 1200 on their first attempt;
(B) Students participating in home-based instruction as provided in chapter 28A.200 RCW must equal or exceed a cumulative scholastic assessment test score of 1200 on their first attempt.
(v) For students eligible under (iv) of this subsection, the superintendent of public instruction shall provide the higher education coordinating board with the names, addresses, and unique numeric identifiers of students in the top fifteen percent or who meet the scholastic aptitude test score requirement, as appropriate in each of the respective high school senior or home based instruction classes in Washington state. This shall be provided no later than October 1 of each year.
(vi) Scholarships awarded under this section may only be used at accredited institutions of higher education in the state of Washington for college-related expenses, including but not limited to, tuition, room and board, books, materials, and transportation. The Washington promise scholarship award shall not supplant other scholarship awards, financial aid, or tax programs related to postsecondary education. Scholarships may not be transferred or refunded to students.
(vii) The higher education coordinating board shall evaluate the impact and effectiveness of the Washington promise scholarship program. The evaluation shall include, but not be limited to: (A) An analysis of other financial assistance promise scholarship recipients are receiving through other federal, state, and institutional programs, including grants, work study, tuition waivers, tax credits, and loan programs; (B) an analysis of whether the implementation of the promise scholarship program has had an impact on student indebtedness; and (C) an evaluation of what types of students are successfully completing high school but do not have the financial ability to attend college because they cannot obtain financial aid or the financial aid is insufficient. The board shall report its findings to the governor and the legislature by December 1, 2002.
(viii) The higher education coordinating board may adopt rules as necessary to implement this program.
Sec. 612. 2001 2nd sp.s. c 7 s 612 (uncodified) is amended to read as follows:
FOR THE WORK FORCE TRAINING AND EDUCATION COORDINATING BOARD
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 1,762,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((1,720,000))
1,633,000
General Fund--Federal Appropriation. . . . . . . .. . . . . . . .$ 44,987,000
TOTAL APPROPRIATION. . . $ ((48,469,000))
48,382,000
The appropriations in this section are subject to the following conditions and limitations: $500,000 of the general fund--state appropriation for fiscal year 2002 and $500,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for the operations and development of the inland northwest technology education center (INTEC) as a regional resource and model for the rapid deployment of skilled workers trained in the latest technologies for Washington. The board shall serve as an advisor to and fiscal agent for INTEC, and will report back to the governor and legislature by September 2002 as to the progress and future steps for INTEC as this new public-private partnership evolves.
Sec. 613. 2001 2nd sp.s. c 7 s 613 (uncodified) is amended to read as follows:
FOR THE SPOKANE INTERCOLLEGIATE RESEARCH AND TECHNOLOGY INSTITUTE
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((1,500,000))
1,499,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((1,500,000))
1,397,000
TOTAL APPROPRIATION. . . $ ((3,000,000))
2,896,000
Sec. 614. 2001 2nd sp.s. c 7 s 614 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 8,791,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((8,786,000))
3,209,000
General Fund--Federal Appropriation. . . . . . . .. . . . . . . .$ 6,976,000
TOTAL APPROPRIATION. . . $ ((24,553,000))
18,976,000
The appropriations in this section are subject to the following conditions and limitations: At least $2,700,000 shall be expended for a contract with the Seattle public library for library services for the Washington book and braille library.
Sec. 615. 2001 2nd sp.s. c 7 s 615 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 2,873,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((2,874,000))
2,788,000
General Fund--Federal Appropriation. . . . . . . .. . . . . . . .$ 1,000,000
General Fund--Private/Local Appropriation. . .. . . . . . . .$ 3,000
TOTAL APPROPRIATION. . . $ ((6,747,000))
6,664,000
Sec. 616. 2001 2nd sp.s. c 7 s 616 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 2,899,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((3,129,000))
3,035,000
TOTAL APPROPRIATION. . . $ ((6,028,000))
5,934,000
The appropriations in this section are subject to the following conditions and limitations: $90,000 of the general fund--state appropriation for fiscal year 2002 and $285,000 of the general fund--state appropriation for fiscal year 2003 are provided solely for activities related to the Lewis and Clark Bicentennial.
Sec. 617. 2001 2nd sp.s. c 7 s 617 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 1,674,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((1,535,000))
1,489,000
TOTAL APPROPRIATION. . . $ ((3,209,000))
3,163,000
Sec. 618. 2001 2nd sp.s. c 7 s 618 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 4,520,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((4,591,000))
4,654,000
General Fund--Private/Local Appropriation. . .. . . . . . . .$ ((1,173,000))
1,254,000
TOTAL APPROPRIATION. . . $ ((10,284,000))
10,428,000
Sec. 619. 2001 2nd sp.s. c 7 s 619 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 7,395,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((7,439,000))
7,751,000
General Fund--Private/Local Appropriation. . .. . . . . . . .$ 232,000
TOTAL APPROPRIATION. . . $ ((15,066,000))
15,378,000
The appropriations in this section are subject to the following conditions and limitations: $250,000 of the general fund--state appropriation for fiscal year 2003 is provided solely for additional staffing and other student safety measures at the school. The school will hire six additional staff, increase staff communications and accessibility, and implement a training program to enhance staff members' abilities to work with at-risk youth.
PART VII
SPECIAL APPROPRIATIONS
Sec. 701. 2001 2nd sp.s. c 7 s 701 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR DEBT SUBJECT TO THE DEBT LIMIT
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((629,097,000))
576,097,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((567,290,000))
622,540,000
State Building Construction Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((11,351,000))
7,999,000
Debt-Limit Reimbursable Bond Retire Account--
State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 2,591,000
State Taxable Building Construction Account--
State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 496,000
TOTAL APPROPRIATION. . . $ ((1,210,329,000))
1,209,723,000
The appropriations in this section are subject to the following conditions and limitations: The general fund appropriations are for deposit into the debt-limit general fund bond retirement account. The appropriation for fiscal year 2002 shall be deposited in the debt-limit general fund bond retirement account by June 30, 2002.
Sec. 702. 2001 2nd sp.s. c 7 s 702 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED BY ENTERPRISE ACTIVITIES
State Convention and Trade Center Account--
State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((39,950,000))
29,249,000
Accident Account--State Appropriation. . . . . .. . . . . . . .$ ((5,590,000))
5,096,000
Medical Aid Account--State Appropriation. . . . . . . . . . .$ ((5,590,000))
5,096,000
TOTAL APPROPRIATION. . . $ ((51,130,000))
39,441,000
Sec. 703. 2001 2nd sp.s. c 7 s 703 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED AS PRESCRIBED BY STATUTE
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 24,542,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ 26,706,000
Capitol Historic District Construction
Account--State Appropriation. . . . . . .. . . . . . . .$ 454,000
Higher Education Construction Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$
499,000
State Higher Education Construction Account--
State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ ((348,000))
50,000
State Vehicle Parking Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((35,000))
100,000
Nondebt-Limit Reimbursable Bond Retirement Account--
State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 128,043,000
TOTAL APPROPRIATION. . . $ ((180,943,000))
180,394,000
The appropriations in this section are subject to the following conditions and limitations: The general fund appropriation is for deposit into the nondebt-limit general fund bond retirement account.
Sec. 704. 2001 2nd sp.s. c 7 s 704 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 567,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((568,000))
658,000
Higher Education Construction Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 77,000
State Higher Education Construction Account--
State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 42,000
State Building Construction Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,488,000
State Vehicle Parking Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((5,000))
10,000
Capitol Historic District Construction
Account--State Appropriation. . . . . . .. . . . . . . .$ 130,000
State Taxable Building Construction Account--
State Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 50,000
TOTAL APPROPRIATION. . . $ ((2,877,000))
3,022,000
Sec. 705. 2001 2nd sp.s. c 7 s 706 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--FIRE CONTINGENCY POOL. The sum of ((three million dollars)) $39,487,000, or so much thereof as may be available on June 30, 2001, from the total amount of unspent fiscal year 2001 fire contingency funding in the disaster response account and the moneys appropriated to the disaster response account in section 707 of this act, is appropriated for the purpose of making allocations to the military department for fire mobilizations costs or to the department of natural resources for fire suppression costs. Of this amount, $27,513,000 shall be provided to the department of natural resources, $135,000 shall be provided to the state parks and recreation commission, and $60,000 shall be provided to the department of fish and wildlife, for costs of fire suppression during the 2001 fire season.
NEW SECTION. Sec. 706. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
REVOLVING FUND REDUCTIONS. (1) The 2001-2003 supplemental appropriations in this act reflect reduced appropriations from the specified funds and accounts in the following amounts:
Administrative Hearings Revolving Account. . .$ 330,000
Legal Services Revolving Account. . .. . . . . . . .$ 1,543,000
Data Processing Revolving Account (DIS 419-6). . . . . . . . . . . . . . . . .$ 1,995,000
Data Processing Revolving Account (DIS 419-1). . . . . . . . . . . . . . . . .$ 96,000
Data Processing Revolving Account (OFM 419-6). . . . . . . $ 339,000
Data Processing Revolving Account (DOP 419-6). . . . . . . $ 545,000
Department of Personnel Service Account (DOP). . . . . . . . .. . . . . . . .$ 262,000
Department of Personnel Service Account
(Sec State). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 18,000
Department of Retirement Systems Expense
Account. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 732,000
General Administration Services Account (422-1). . . . . . . $ 642,000
General Administration Services Account (422-6). . . . . . . $ 1,302,000
Auditing Services Revolving Account. . . . . . . . . . . . . . . . . . . . . . . . . .$ 347,000
Archives & Records Management Account. . . . .. . . . . . . .$ 177,000
(2) The director of financial management shall distribute these revolving fund savings by uniformly reducing state agencies' allotments accordingly. The distribution of the savings shall reduce general fund--state allotments for fiscal year 2003 by $3,743,000 and other fund allotments by $4,241,000. The amount of the allotment reduction shall be placed in reserve status.
NEW SECTION. Sec. 707. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
EQUIPMENT PURCHASE REDUCTION. The director of financial management shall reduce allotments from general fund--state appropriations in this act for the 2001-2003 biennium by $2,300,000 to reflect a freeze on state agency equipment purchases for the remainder of the 2001-03 biennium. The amount of the allotment reduction shall be placed in reserve status. Equipment purchase reductions for the house of representatives and senate are made in sections 101 and 102 of this act and not in this section.
NEW SECTION. Sec. 708. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
EMPLOYEE TRAVEL REDUCTION. The director of financial management shall reduce allotments from general fund--state appropriations in this act for the 2001-2003 biennium by $3,000,000 to reflect the elimination of nonessential travel by state employees and officials. The amount of the allotment reduction shall be placed in reserve status. Employee travel reductions for the house of representatives and senate are made in sections 101 and 102 of this act and not in this section.
NEW SECTION. Sec. 709. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
CONTINGENCY POOL. (1) With the prior approval of the office of financial management, agencies may reduce allotments for fiscal year 2002 to reflect all or a portion of, and not to exceed, the administrative, travel, and equipment reductions and efficiency savings enacted in this 2002 supplemental appropriations act as an alternative to allotment reductions for fiscal year 2003.
(2) The sum of one million five hundred thousand dollars from the general fund--state for fiscal year 2003 is appropriated to the governor for providing assistance to state agencies that are unable to effectively absorb the administrative, travel, and equipment reductions and efficiency savings enacted in this 2002 supplemental appropriations act. Allocations to state agencies from this appropriation shall be reported to the legislative fiscal committees by the office of financial management within five days of the allocation.
Sec. 710. 2001 2nd sp.s. c 7 s 713 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--DIGITAL GOVERNMENT REVOLVING ACCOUNT
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 2,050,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((2,050,000))
1,050,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . .$ ((4,100,000))
3,100,000
The appropriations in this section are subject to the following conditions and limitations: The appropriations in this section are provided solely for deposit in the digital government revolving account.
Sec. 711. 2001 2nd sp.s. c 7 s 716 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 7,218,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((19,947,000))
14,803,000
General Fund--Federal Appropriation. . . . . . . .. . . . . . . .$ ((8,692,000))
7,374,000
General Fund--Private/Local Appropriation. . .. . . . . . . .$ ((456,000))
331,000
Salary and Insurance Increase Revolving Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((19,468,000))
15,969,000
TOTAL APPROPRIATION. . . $ ((55,781,000))
45,695,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) The monthly employer funding rate for insurance benefit premiums, public employees' benefits board administration, and the uniform medical plan, shall not exceed $457.29 per eligible employee for fiscal year 2002, and (($497.69)) $482.38 for fiscal year 2003.
(b) Within the rates in (a) of this subsection, $2.02 per eligible employee shall be included in the employer funding rate for fiscal year 2002, and $4.10 per eligible employee shall be included in the employer funding rate for fiscal year 2003, solely to increase life insurance coverage in accordance with a court approved settlement in Burbage et al. v. State of Washington (Thurston county superior court cause no. 94-2-02560-8).
(c) In order to achieve the level of funding provided for health benefits, the public employees' benefits board shall require any or all of the following: Employee premium copayments, increases in point-of-service cost sharing, the implementation of managed competition, or make other changes to benefits consistent with RCW 41.05.065.
(d) The health care authority shall deposit any moneys received on behalf of the uniform medical plan as a result of rebates on prescription drugs, audits of hospitals, subrogation payments, or any other moneys recovered as a result of prior uniform medical plan claims payments, into the public employees' and retirees' insurance account to be used for insurance benefits. Such receipts shall not be used for administrative expenditures.
(2) 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, 2002, through December 31, 2002, the subsidy shall be $85.84. Starting January 1, 2003, the subsidy shall be (($102.55)) $92.74 per month.
(4) Technical colleges, school districts, and educational service districts shall remit to the health care authority for deposit into the public employees' and retirees' insurance account established in RCW 41.05.120 the following amounts:
(a) For each full-time employee, $32.41 per month beginning September 1, 2001, and (($37.48)) $36.36 beginning September 1, 2002;
(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, $32.41 each month beginning September 1, 2001, and (($37.48)) $36.36 beginning September 1, 2002, prorated by the proportion of employer fringe benefit contributions for a full-time employee that the part-time employee receives.
The remittance requirements specified in this subsection shall not apply to employees of a technical college, school district, or educational service district who purchase insurance benefits through contracts with the health care authority.
(5) The salary and insurance increase revolving account appropriation includes amounts sufficient to fund health benefits for ferry workers at the premium levels specified in subsection (1) of this section, consistent with the 2001-2003 transportation appropriations act.
Sec. 712. 2001 2nd sp.s. c 7 s 717 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--CONTRIBUTIONS TO RETIREMENT SYSTEMS. The appropriations in this section are subject to the following conditions and limitations: The appropriations for the law enforcement officers' and firefighters' retirement system shall be made on a monthly basis beginning July 1, 2001, consistent with chapter 41.45 RCW, and the appropriations for the judges and judicial retirement systems shall be made on a quarterly basis consistent with chapters 2.10 and 2.12 RCW.
(1) There is appropriated for state contributions to the law enforcement officers' and fire fighters' retirement system:
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((15,552,000))
15,437,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((16,668,000))
16,208,000
The appropriations in this subsection are subject to the following conditions and limitations: The appropriations include reductions to reflect savings resulting from the implementation of state pension contribution rates effective ((July 1, 2001, as provided in Senate Bill No. 6167 or House Bill No. 2236)) April 1, 2002, as provided in House Bill No. 2782.
(2) There is appropriated for contributions to the judicial retirement system:
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 6,000,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ 6,000,000
(3) There is appropriated for contributions to the judges retirement system:
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 250,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ 250,000
TOTAL APPROPRIATION. . . $ ((44,720,000))
44,145,000
NEW SECTION. Sec. 713. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--PENSION SAVINGS. The office of financial management shall reduce allotments from the appropriations for agencies of the state by $1,208,000 from the general fund--state fiscal year 2002 appropriations, $4,929,000 from the general fund--state fiscal year 2003 appropriations, $1,606,000 from the general fund--federal 2001-03 appropriations, $148,000 from the general fund--private/local 2001-03 appropriations, and $4,326,000 from other funds 2001-03 appropriations to reflect savings from pension contribution rate reductions, effective April 1, 2002, as provided in House Bill No. 2782.
Sec. 714. 2001 2nd sp.s. c 7 s 719 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 41,712,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((73,358,000))
44,469,000
General Fund--Federal Appropriation. . . . . . . .. . . . . . . .$ ((37,955,000))
25,629,000
General Fund--Private/Local Appropriation. . .. . . . . . . .$ ((2,325,000))
1,876,000
Salary and Insurance Increase Revolving Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((92,156,000))
68,224,000
TOTAL APPROPRIATION. . . $ ((247,506,000))
181,910,000
The appropriations in this section shall be expended solely for the purposes designated in this section and are subject to the following conditions and limitations:
(1) In addition to the purposes set forth in subsections (2) and (3) of this section, appropriations in this section are provided solely for a 3.7 percent salary increase effective July 1, 2001, for all classified employees, except the certificated employees of the state schools for the deaf and blind, and including those employees in the Washington management service, and exempt employees under the jurisdiction of the personnel resources board. ((Funds are also provided for salary increases for classified employees on July 1, 2002, in a percentage amount to be determined by the 2002 legislature.))
(2) The appropriations in this section are sufficient to fund a 3.7 percent salary increase effective July 1, 2001, for general government, legislative, and judicial employees exempt from merit system rules whose maximum salaries are not set by the commission on salaries for elected officials. ((Funds are also provided for salary increases for these employees on July 1, 2002, in a percentage amount to be determined by the 2002 legislature.))
(3) The salary and insurance increase revolving account appropriation in this section includes funds sufficient to fund a 3.7 percent salary increase effective July 1, 2001, for ferry workers consistent with the 2001-03 transportation appropriations act. ((Funds are also provided for salary increases for ferry workers on July 1, 2002, in a percentage amount to be determined by the 2002 legislature.))
(4)(a) 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.
(b) The average salary increases paid under this section to agency officials whose maximum salaries are established by the committee on agency official salaries shall not exceed the average increases provided by subsection (2) of this section.
Sec. 715. 2001 2nd sp.s. c 7 s 720 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--EDUCATION TECHNOLOGY REVOLVING ACCOUNT
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 11,264,000
((General Fund--State Appropriation (FY 2003). . . . . . . $ 11,264,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . .$ 22,528,000))
The appropriation((s)) in this section ((are)) is subject to the following conditions and limitations:
(1) The appropriation((s)) in this section ((are)) is for appropriation to the education technology revolving account for the purpose of covering operational and transport costs incurred by the K-20 educational network program in providing telecommunication services to network participants.
(2) Use of these moneys to connect public libraries are limited to public libraries which have in place a policy of internet safety applied to publicly available computers with internet access via the K-20 educational network that protects against access to visual depictions that are (a) obscene under chapter 9.68 RCW; or (b) sexual exploitation of children under chapter 9.68A RCW.
Sec. 716. 2001 2nd sp.s. c 7 s 722 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--COMPENSATION ACTIONS OF PERSONNEL RESOURCES BOARD
General Fund--State Appropriation (FY 2002).. . . . . . . .$ ((9,179,000))
9,183,000
General Fund--State Appropriation (FY 2003).. . . . . . . .$ ((18,359,000))
18,369,000
General Fund--Federal Appropriation. . . . . . . .. . . . . . . .$ 10,392,000
Salary and Insurance Increase Revolving Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,735,000))
2,809,000
TOTAL APPROPRIATION. . . $ ((40,665,000))
40,753,000
The appropriations in this section shall be expended solely for the purposes designated in this section and are subject to the following conditions and limitations: Funding is provided to implement the salary increase recommendations of the Washington personnel resources board for the priority classes identified through item 8B pursuant to RCW 41.06.152. The salary increases shall be effective January 1, 2002.
NEW SECTION. Sec. 717. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--STATE EMPLOYEE HEALTH BENEFITS
General Fund--State Appropriation (FY 2003).. . . . . . . .$ 6,000,000
General Fund--Federal Appropriation (FY 2003). . . . . . .$ 2,000,000
TOTAL APPROPRIATION. . . $ 8,000,000
The appropriations in this section shall be expended solely for the purposes designated in this section and are subject to the following conditions and limitations: Funding is provided solely for state employee health benefits.
Sec. 718. 2001 2nd sp.s. c 7 s 723 (uncodified) is amended to read as follows:
INCENTIVE SAVINGS--FY 2002. The sum of one hundred million dollars or so much thereof as may be available on June 30, 2002, from the total amount of unspent fiscal year 2002 state general fund appropriations is appropriated for the purposes of RCW 43.79.460 in the manner provided in this section.
(1) Of the total appropriated amount, one-half of that portion that is attributable to incentive savings, not to exceed twenty-five million dollars, is appropriated to the savings incentive account for the purpose of improving the quality, efficiency, and effectiveness of agency services, and credited to the agency that generated the savings.
(2) Of the total appropriated amount, any amount attributable to unspent general fund--state appropriations in the state need grant program, the state work study program, the Washington scholars program, and the Washington award for vocational excellence program is appropriated to the state financial aid account pursuant to Substitute House Bill No. 2914 (state financial aid account).
(3) The remainder of the total amount, not to exceed seventy-five million dollars, is appropriated to the education savings account.
(((3))) (4) For purposes of this section, the total amount of unspent state general fund appropriations does not include the appropriations made in this section, amounts included in allotment reductions in sections 706, 707, 708, and 713 of this act, or any amounts included in across-the-board allotment reductions under RCW 43.88.110.
Sec. 719. 2001 2nd sp.s. c 7 s 724 (uncodified) is amended to read as follows:
INCENTIVE SAVINGS--FY 2003. The sum of one hundred million dollars or so much thereof as may be available on June 30, 2003, from the total amount of unspent fiscal year 2003 state general fund appropriations is appropriated for the purposes of RCW 43.79.460 in the manner provided in this section.
(1) Of the total appropriated amount, one-half of that portion that is attributable to incentive savings, not to exceed twenty-five million dollars, is appropriated to the savings incentive account for the purpose of improving the quality, efficiency, and effectiveness of agency services, and credited to the agency that generated the savings.
(2) Of the total appropriated amount, any amount attributable to unspent general fund--state appropriations in the state need grant program, the state work study program, the Washington scholars program, and the Washington award for vocational excellence program is appropriated to the state financial aid account pursuant to Substitute House Bill No. 2914 (state financial aid account).
(3) The remainder of the total amount, not to exceed seventy-five million dollars, is appropriated to the education savings account.
(((3))) (4) For purposes of this section, the total amount of unspent state general fund appropriations does not include the appropriations made in this section, amounts included in allotment reductions in sections 706, 707, 708, and 713 of this act, or any amounts included in across-the-board allotment reductions under RCW 43.88.110.
NEW SECTION. Sec. 720. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--EXTRAORDINARY CRIMINAL JUSTICE COSTS
Public Safety and Education Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 394,000
The appropriation in this section is subject to the following conditions and limitations: The director of financial management shall distribute the appropriation to the following counties in the amounts designated for extraordinary criminal justice costs:
Franklin. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 312,000
Stevens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 82,000
NEW SECTION. Sec. 721. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT--COUNTY ASSISTANCE
General Fund--State Appropriation (FY 2003).. . . . . . . .$ 5,000,000
The appropriation in this section is subject to the following conditions and limitations: The director of community, trade, and economic development shall distribute the appropriation in this section to the following counties in the amounts designated:
Adams $ 51,000
Asotin $ 366,000
Benton $ 68,000
Chelan $ 250,000
Columbia $ 516,000
Douglas $ 212,000
Ferry $ 358,000
Franklin $ 75,000
Garfield $ 524,000
Lincoln $ 121,000
Mason $ 353,000
Okanogan $ 495,000
Pacific $ 122,000
Pend Oreille $ 179,000
Stevens $ 382,000
Wahkiakum $ 391,000
Walla Walla $ 195,000
Yakima $ 342,000
TOTAL $ 5,000,000
Sec. 722. 2001 2nd sp.s. c 7 s 727 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT--COUNTY CORPORATION ASSISTANCE
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 24,410,534
((General Fund--State Appropriation (FY 2003). . . . . . . $ 25,137,970
TOTAL APPROPRIATION. . . $ 49,548,504))
The appropriation((s)) in this section ((are)) is subject to the following conditions and limitations:
(1)(a) The department shall withhold distributions under subsection (2) of this section to any county that has not paid its fifty percent share 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 for the fiscal year. As required by 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 costs of these employer contributions shall be shared equally between the state and county or counties in which the judges serve.
(b) After receiving written notification from the office of the administrator for the courts that a county has paid its fifty percent share as required under (a) of this subsection, the department shall distribute the amount designated for the fiscal year under subsection (2) of this section.
(2) The director of community, trade, and economic development shall distribute the appropriations to the following counties in the amounts designated:
((2001-03))
County FY 2002 ((FY 2003 Biennium))
Adams 290,303 ((295,993 586,296))
Asotin 422,074 ((434,598 856,672))
Benton 966,480 ((999,163 1,965,643))
Chelan 637,688 ((651,982 1,289,670))
Clallam 444,419 ((454,391 898,810))
Clark 641,571 ((678,997 1,320,568))
Columbia 561,888 ((572,901 1,134,789))
Cowlitz 771,879 ((795,808 1,567,687))
Douglas 505,585 ((528,184 1,033,769))
Ferry 389,909 ((397,551 787,460))
Franklin 442,624 ((464,018 906,642))
Garfield 571,303 ((582,501 1,153,804))
Grant 579,631 ((604,072 1,183,703))
Grays Harbor 540,315 ((550,905 1,091,220))
Island 483,589 ((503,205 986,794))
Jefferson 239,914 ((249,924 489,838))
King 2,661,862 ((2,720,716 5,382,578))
Kitsap 469,992 ((480,178 950,170))
Kittitas 366,971 ((383,027 749,998))
Klickitat 204,726 ((217,555 422,281))
Lewis 583,702 ((598,004 1,181,706))
Lincoln 290,754 ((302,151 592,905))
Mason 905,060 ((930,959 1,836,019))
Okanogan 548,848 ((560,332 1,109,180))
Pacific 344,047 ((350,790 694,837))
Pend Oreille 280,342 ((285,837 566,179))
Pierce 1,246,530 ((1,284,087 2,530,617))
San Juan 85,712 ((91,859 177,571))
Skagit 911,491 ((944,914 1,856,405))
Skamania 172,840 ((176,228 349,068))
Snohomish 1,017,209 ((1,058,571 2,075,780))
Spokane 804,124 ((823,359 1,627,483))
Stevens 811,482 ((835,598 1,647,080))
Thurston 1,031,888 ((1,061,579 2,093,467))
Wahkiakum 507,528 ((517,476 1,025,004))
Walla Walla 241,341 ((247,105 488,446))
Whatcom 408,025 ((429,069 837,094))
Whitman 134,870 ((138,191 273,061))
Yakima 1,892,018 ((1,936,192 3,828,210))
TOTAL APPROPRIATIONS 24,410,534 ((25,137,970 49,548,504))
Sec. 723. 2001 2nd sp.s. c 7 s 728 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT--MUNICIPAL CORPORATION ASSISTANCE
General Fund--State Appropriation (FY 2002).. . . . . . . .$ 45,884,610
((General Fund--State Appropriation (FY 2003). . . . . . . $ 47,251,839
TOTAL APPROPRIATION. . . $ 93,136,449))
The appropriation((s)) in this section ((are)) is subject to the following conditions and limitations:
(1) The director of community, trade, and economic development shall distribute the appropriation to the following cities and municipalities in the amounts designated: ((2001-03))
City FY 2002 ((FY 2003 Biennium))
Aberdeen 119,986 ((123,562 243,548))
Airway Heights 111,259 ((114,575 225,834))
Albion 66,339 ((68,316 134,655))
Algona 32,672 ((33,646 66,318))
Almira 12,519 ((12,892 25,411))
Anacortes 70,930 ((73,044 143,974))
Arlington 42,344 ((43,606 85,950))
Asotin 57,623 ((59,340 116,963))
Auburn 192,405 ((198,139 390,544))
Bainbridge Island 293,851 ((302,608 596,459))
Battle Ground 118,303 ((121,828 240,131))
Beaux Arts 1,784 ((1,837 3,621))
Bellevue 524,203 ((539,824 1,064,027))
Bellingham 369,121 ((380,121 749,242))
Benton City 111,380 ((114,699 226,079))
Bingen 6,602 ((6,799 13,401))
Black Diamond 254,698 ((262,288 516,986))
Blaine 20,853 ((21,474 42,327))
Bonney Lake 158,738 ((163,468 322,206))
Bothell 137,270 ((141,361 278,631))
Bremerton 214,020 ((220,398 434,418))
Brewster 11,250 ((11,585 22,835))
Bridgeport 188,216 ((193,825 382,041))
Brier 532,011 ((547,865 1,079,876))
Buckley 68,227 ((70,260 138,487))
Bucoda 52,876 ((54,452 107,328))
Burien 284,265 ((292,736 577,001))
Burlington 27,407 ((28,224 55,631))
Camas 53,654 ((55,253 108,907))
Carbonado 56,785 ((58,477 115,262))
Carnation 9,593 ((9,879 19,472))
Cashmere 120,801 ((124,401 245,202))
Castle Rock 29,980 ((30,873 60,853))
Cathlamet 6,265 ((6,452 12,717))
Centralia 101,426 ((104,448 205,874))
Chehalis 34,601 ((35,632 70,233))
Chelan 19,515 ((20,097 39,612))
Cheney 314,316 ((323,683 637,999))
Chewelah 66,731 ((68,720 135,451))
Clarkston 83,910 ((86,411 170,321))
Cle Elum 8,692 ((8,951 17,643))
Clyde Hill 136,778 ((140,854 277,632))
Colfax 74,672 ((76,897 151,569))
College Place 526,480 ((542,169 1,068,649))
Colton 27,473 ((28,292 55,765))
Colville 23,389 ((24,086 47,475))
Conconully 13,675 ((14,083 27,758))
Concrete 27,006 ((27,811 54,817))
Connell 164,950 ((169,866 334,816))
Cosmopolis 15,395 ((15,854 31,249))
Coulee City 2,804 ((2,888 5,692))
Coulee Dam 61,408 ((63,238 124,646))
Coupeville 7,708 ((7,938 15,646))
Covington 690,851 ((711,438 1,402,289))
Creston 12,905 ((13,290 26,195))
Cusick 9,341 ((9,619 18,960))
Darrington 59,838 ((61,621 121,459))
Davenport 66,350 ((68,327 134,677))
Dayton 92,685 ((95,447 188,132))
Deer Park 16,059 ((16,538 32,597))
Des Moines 1,482,120 ((1,526,287 3,008,407))
Dupont 8,109 ((8,351 16,460))
Duvall 66,128 ((68,099 134,227))
East Wenatchee 30,678 ((31,592 62,270))
Eatonville 8,848 ((9,112 17,960))
Edgewood 901,766 ((928,639 1,830,405))
Edmonds 456,336 ((469,935 926,271))
Electric City 87,243 ((89,843 177,086))
Ellensburg 81,982 ((84,425 166,407))
Elma 84,676 ((87,199 171,875))
Elmer City 29,811 ((30,699 60,510))
Endicott 28,758 ((29,615 58,373))
Entiat 58,244 ((59,980 118,224))
Enumclaw 53,013 ((54,593 107,606))
Ephrata 59,987 ((61,775 121,762))
Everett 495,428 ((510,192 1,005,620))
Everson 67,517 ((69,529 137,046))
Fairfield 18,540 ((19,092 37,632))
Farmington 12,072 ((12,432 24,504))
Federal Way 470,179 ((484,190 954,369))
Ferndale 74,669 ((76,894 151,563))
Fife 25,411 ((26,168 51,579))
Fircrest 386,146 ((397,653 783,799))
Forks 110,712 ((114,011 224,723))
Friday Harbor 9,791 ((10,083 19,874))
Garfield 45,263 ((46,612 91,875))
George 19,319 ((19,895 39,214))
Gig Harbor 31,615 ((32,557 64,172))
Gold Bar 134,531 ((138,540 273,071))
Goldendale 49,519 ((50,995 100,514))
Grand Coulee 5,805 ((5,978 11,783))
Grandview 256,347 ((263,986 520,333))
Granger 173,094 ((178,252 351,346))
Granite Falls 10,946 ((11,272 22,218))
Hamilton 17,437 ((17,957 35,394))
Harrah 46,947 ((48,346 95,293))
Harrington 18,107 ((18,647 36,754))
Hartline 11,392 ((11,731 23,123))
Hatton 12,176 ((12,539 24,715))
Hoquiam 374,903 ((386,075 760,978))
Hunts Point 2,432 ((2,504 4,936))
Ilwaco 13,150 ((13,542 26,692))
Index 4,181 ((4,306 8,487))
Ione 17,566 ((18,089 35,655))
Issaquah 50,002 ((51,492 101,494))
Kahlotus 20,210 ((20,812 41,022))
Kalama 7,892 ((8,127 16,019))
Kelso 68,904 ((70,957 139,861))
Kenmore 1,099,395 ((1,132,157 2,231,552))
Kennewick 293,534 ((302,281 595,815))
Kent 360,624 ((371,371 731,995))
Kettle Falls 64,422 ((66,342 130,764))
Kirkland 221,429 ((228,028 449,457))
Kittitas 72,698 ((74,864 147,562))
Krupp 4,445 ((4,577 9,022))
La Center 34,415 ((35,441 69,856))
La Conner 3,817 ((3,931 7,748))
La Crosse 20,141 ((20,741 40,882))
Lacey 143,243 ((147,512 290,755))
Lake Forest Park 897,932 ((924,690 1,822,622))
Lake Stevens 142,295 ((146,535 288,830))
Lakewood 2,955,109 ((3,043,171 5,998,280))
Lamont 7,492 ((7,715 15,207))
Langley 5,303 ((5,461 10,764))
Latah 11,962 ((12,318 24,280))
Leavenworth 12,189 ((12,552 24,741))
Lind 2,217 ((2,283 4,500))
Long Beach 10,269 ((10,575 20,844))
Longview 249,836 ((257,281 507,117))
Lyman 16,741 ((17,240 33,981))
Lynden 42,717 ((43,990 86,707))
Lynnwood 163,579 ((168,454 332,033))
Mabton 142,491 ((146,737 289,228))
Malden 21,588 ((22,231 43,819))
Mansfield 26,744 ((27,541 54,285))
Maple Valley 359,478 ((370,190 729,668))
Marcus 14,126 ((14,547 28,673))
Marysville 102,028 ((105,068 207,096))
Mattawa 100,064 ((103,046 203,110))
McCleary 105,807 ((108,960 214,767))
Medical Lake 114,323 ((117,730 232,053))
Medina 14,355 ((14,783 29,138))
Mercer Island 383,527 ((394,956 778,483))
Mesa 16,835 ((17,337 34,172))
Metaline 14,150 ((14,572 28,722))
Metaline Falls 7,718 ((7,948 15,666))
Mill Creek 174,495 ((179,695 354,190))
Millwood 22,619 ((23,293 45,912))
Milton 28,030 ((28,865 56,895))
Monroe 56,517 ((58,201 114,718))
Montesano 60,229 ((62,024 122,253))
Morton 5,891 ((6,067 11,958))
Moses Lake 105,670 ((108,819 214,489))
Mossyrock 16,545 ((17,038 33,583))
Mount Vernon 130,780 ((134,677 265,457))
Mountlake Terrace 711,188 ((732,381 1,443,569))
Moxee 40,448 ((41,653 82,101))
Mukilteo 274,482 ((282,662 557,144))
Naches 7,632 ((7,859 15,491))
Napavine 96,030 ((98,892 194,922))
Nespelem 17,614 ((18,139 35,753))
Newcastle 290,801 ((299,467 590,268))
Newport 13,223 ((13,617 26,840))
Nooksack 58,178 ((59,912 118,090))
Normandy Park 489,113 ((503,689 992,802))
North Bend 20,754 ((21,372 42,126))
North Bonneville 30,574 ((31,485 62,059))
Northport 23,489 ((24,189 47,678))
Oak Harbor 278,157 ((286,446 564,603))
Oakesdale 31,060 ((31,986 63,046))
Oakville 43,411 ((44,705 88,116))
Ocean Shores 64,837 ((66,769 131,606))
Odessa 4,721 ((4,862 9,583))
Okanogan 12,323 ((12,690 25,013))
Olympia 198,476 ((204,391 402,867))
Omak 26,117 ((26,895 53,012))
Oroville 12,506 ((12,879 25,385))
Orting 191,211 ((196,909 388,120))
Othello 26,808 ((27,607 54,415))
Pacific 69,124 ((71,184 140,308))
Palouse 55,067 ((56,708 111,775))
Pasco 131,298 ((135,211 266,509))
Pateros 28,021 ((28,856 56,877))
Pe Ell 54,800 ((56,433 111,233))
Pomeroy 52,485 ((54,049 106,534))
Port Angeles 124,595 ((128,308 252,903))
Port Orchard 41,797 ((43,043 84,840))
Port Townsend 47,126 ((48,530 95,656))
Poulsbo 31,812 ((32,760 64,572))
Prescott 12,349 ((12,717 25,066))
Prosser 24,137 ((24,856 48,993))
Pullman 584,659 ((602,082 1,186,741))
Puyallup 151,732 ((156,254 307,986))
Quincy 20,244 ((20,847 41,091))
Rainier 111,521 ((114,844 226,365))
Raymond 85,311 ((87,853 173,164))
Reardan 38,184 ((39,322 77,506))
Redmond 215,259 ((221,674 436,933))
Renton 235,053 ((242,058 477,111))
Republic 25,085 ((25,833 50,918))
Richland 441,733 ((454,897 896,630))
Ridgefield 55,637 ((57,295 112,932))
Ritzville 8,498 ((8,751 17,249))
Riverside 27,204 ((28,015 55,219))
Rock Island 36,527 ((37,616 74,143))
Rockford 18,965 ((19,530 38,495))
Rosalia 36,719 ((37,813 74,532))
Roslyn 64,571 ((66,495 131,066))
Roy 1,709 ((1,760 3,469))
Royal City 66,657 ((68,643 135,300))
Ruston 50,309 ((51,808 102,117))
Sammamish 2,361,433 ((2,431,804 4,793,237))
Seatac 132,183 ((136,122 268,305))
Seattle 3,189,346 ((3,284,389 6,473,735))
Sedro-Woolley 54,896 ((56,532 111,428))
Selah 80,704 ((83,109 163,813))
Sequim 21,867 ((22,519 44,386))
Shelton 58,160 ((59,893 118,053))
Shoreline 1,485,138 ((1,529,395 3,014,533))
Skykomish 1,417 ((1,459 2,876))
Snohomish 40,722 ((41,936 82,658))
Snoqualmie 9,587 ((9,873 19,460))
Soap Lake 102,783 ((105,846 208,629))
South Bend 75,826 ((78,086 153,912))
South Cle Elum 46,847 ((48,243 95,090))
South Prairie 18,788 ((19,348 38,136))
Spangle 1,397 ((1,439 2,836))
Spokane 1,116,419 ((1,149,688 2,266,107))
Sprague 22,930 ((23,613 46,543))
Springdale 11,080 ((11,410 22,490))
St. John 4,245 ((4,372 8,617))
Stanwood 21,141 ((21,771 42,912))
Starbuck 8,949 ((9,216 18,165))
Steilacoom 285,807 ((294,324 580,131))
Stevenson 11,673 ((12,021 23,694))
Sultan 63,199 ((65,082 128,281))
Sumas 7,885 ((8,120 16,005))
Sumner 41,931 ((43,181 85,112))
Sunnyside 70,805 ((72,915 143,720))
Tacoma 1,384,646 ((1,425,908 2,810,554))
Tekoa 49,373 ((50,844 100,217))
Tenino 68,820 ((70,871 139,691))
Tieton 74,506 ((76,726 151,232))
Toledo 8,084 ((8,325 16,409))
Tonasket 5,500 ((5,664 11,164))
Toppenish 443,488 ((456,704 900,192))
Tukwila 75,320 ((77,565 152,885))
Tumwater 61,848 ((63,691 125,539))
Twisp 4,793 ((4,936 9,729))
Union Gap 27,129 ((27,937 55,066))
Uniontown 19,805 ((20,395 40,200))
University Place 1,889,912 ((1,946,231 3,836,143))
Vader 40,643 ((41,854 82,497))
Vancouver 1,177,584 ((1,212,676 2,390,260))
Waitsburg 81,097 ((83,514 164,611))
Walla Walla 318,679 ((328,176 646,855))
Wapato 230,783 ((237,660 468,443))
Warden 105,612 ((108,759 214,371))
Washougal 177,022 ((182,297 359,319))
Washtucna 20,654 ((21,269 41,923))
Waterville 72,880 ((75,052 147,932))
Waverly 10,256 ((10,562 20,818))
Wenatchee 147,602 ((152,001 299,603))
West Richland 489,752 ((504,347 994,099))
Westport 13,715 ((14,124 27,839))
White Salmon 53,746 ((55,348 109,094))
Wilbur 23,614 ((24,318 47,932))
Wilkeson 18,762 ((19,321 38,083))
Wilson Creek 18,403 ((18,951 37,354))
Winlock 35,212 ((36,261 71,473))
Winthrop 1,756 ((1,808 3,564))
Woodinville 56,052 ((57,722 113,774))
Woodland 17,960 ((18,495 36,455))
Woodway 12,513 ((12,886 25,399))
Yacolt 36,636 ((37,728 74,364))
Yakima 487,766 ((502,301 990,067))
Yarrow Point 32,121 ((33,078 65,199))
Yelm 15,677 ((16,144 31,821))
Zillah 100,818 ((103,822 204,640))
TOTAL APPROPRIATIONS 45,545,942 ((46,903,217 92,449,159))
(2) $338,668 for fiscal year 2002 ((and $348,622 for fiscal year 2003)) from this appropriation ((are)) is provided solely to address the contingencies listed in this subsection. The department shall distribute the moneys no later than March 31, 2002, ((and March 31, 2003,)) for the respective appropriations. Moneys shall be distributed for the following purposes, ranked in order of priority:
(a) To correct for data errors in the determination of distributions in subsection (1) of this section;
(b) To distribute to newly qualifying jurisdictions as if the jurisdiction had been in existence prior to November 1999;
(c) To allocate under emergency situations as determined by the director of the department of community, trade, and economic development in consultation with the association of Washington cities; and
(d) After April 1((st of each year in the fiscal biennium ending June 30, 2003)), 2001, any moneys remaining from the amounts provided in this subsection shall be prorated and distributed to cities and towns on the basis of the amounts distributed for emergency considerations in November 2000 as provided in section 729, chapter 1, Laws of 2000, 2nd sp. sess.
NEW SECTION. Sec. 724. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT--MUNICIPAL ASSISTANCE
General Fund--State Appropriation (FY 2003) (a). . . . . . .. . . . . . . .$ 8,000,000
The appropriation in this section is subject to the following conditions and limitations: The director of community, trade, and economic development shall distribute the appropriation in this section to the following cities in the amounts designated:
Airway Heights $ 10,000
Albion $ 55,000
Almira $ 2,000
Asotin $ 22,000
Benton City $ 35,000
Black Diamond $ 42,000
Bridgeport $ 155,000
Brier $ 294,000
Bucoda $ 34,000
Carbonado $ 34,000
Cashmere $ 30,000
Cheney $ 44,000
Chewelah $ 3,000
Colfax $ 2,000
College Place $ 314,000
Colton $ 12,000
Conconully $ 9,000
Concrete $ 3,000
Connell $ 62,000
Coulee Dam $ 13,000
Covington $ 268,000
Creston $ 4,000
Cusick $ 1,000
Darrington $ 13,000
Davenport $ 10,000
Dayton $ 3,000
Des Moines $ 367,000
Edgewood $ 622,000
Electric City $ 61,000
Elma $ 4,000
Elmer City $ 25,000
Endicott $ 24,000
Entiat $ 23,000
Everson $ 11,000
Fairfield $ 3,000
Farmington $ 6,000
Fircrest $ 114,000
Forks $ 11,000
Garfield $ 28,000
George $ 5,000
Gold Bar $ 66,000
Grandview $ 35,000
Granger $ 64,000
Hamilton $ 9,000
Harrah $ 36,000
Harrington $ 2,000
Hartline $ 7,000
Hatton $ 10,000
Hoquiam $ 44,000
Index $ 1,000
Ione $ 4,000
Kahlotus $ 13,000
Kenmore $ 301,000
Kettle Falls $ 9,000
Kittitas $ 38,000
Krupp $ 2,000
Lacrosse $ 6,000
Lake Forest Park $ 311,000
Lake Stevens $ 10,000
Lakewood $ 808,000
Lamont $ 6,000
Latah $ 6,000
Lyman $ 8,000
Mabton $ 117,000
Malden $ 18,000
Mansfield $ 18,000
Maple Valley $ 38,000
Marcus $ 8,000
Mattawa $ 39,000
McCleary $ 33,000
Medical Lake $ 22,000
Mesa $ 4,000
Metaline $ 5,000
Metaline Falls $ 2,000
Mossyrock $ 1,000
Mountlake Terrace $ 72,000
Moxee $ 5,000
Napavine $ 44,000
Nespelem $ 15,000
Newcastle $ 4,000
Nooksack $ 29,000
Normandy Park $ 187,000
North Bonneville $ 4,000
Northport $ 16,000
Oakesdale $ 7,000
Oakville $ 16,000
Orting $ 27,000
Palouse $ 17,000
Pateros $ 1,000
Pe Ell $ 45,000
Pomeroy $ 6,000
Prescott $ 3,000
Pullman $ 49,000
Rainier $ 61,000
Raymond $ 1,000
Reardan $ 19,000
Republic $ 3,000
Riverside $ 16,000
Rock Island $ 13,000
Rockford $ 4,000
Rosalia $ 15,000
Roslyn $ 26,000
Royal City $ 27,000
Ruston $ 18,000
Sammamish $ 737,000
Shoreline $ 148,000
Soap Lake $ 43,000
South Bend $ 12,000
South Cle Elum $ 25,000
South Prairie $ 4,000
Sprague $ 3,000
Springdale $ 2,000
Starbuck $ 6,000
Steilacoom $ 44,000
Tekoa $ 11,000
Tenino $ 15,000
Tieton $ 28,000
Toppenish $ 143,000
Uniontown $ 7,000
University Place $ 700,000
Vader $ 28,000
Waitsburg $ 35,000
Wapato $ 80,000
Warden $ 22,000
Washtucna $ 17,000
Waterville $ 29,000
Waverly $ 8,000
West Richland $ 191,000
White Salmon $ 2,000
Wilbur $ 1,000
Wilkeson $ 2,000
Wilson Creek $ 8,000
Yacolt $ 8,000
Zillah $ 12,000
TOTAL $ 8,000,000
Sec. 725. 2001 2nd sp.s. c 7 s 730 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002).. . . . . . . . . . . . . . . . .$ 12,000,000
General Fund--State Appropriation (FY 2003).. . . . . . . . . . . . . . . . .$ ((6,392,000))
19,392,000
((State Surplus Assets Reserve Fund--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 25,000,000))
TOTAL APPROPRIATION. . . . . . . . . . . .$ 31,392,000
The appropriations in this section are provided solely for deposit in the liability account.
NEW SECTION. Sec. 726. A new section is added to 2001 2nd sp.s. c 7 (uncodified) to read as follows:
FOR SUNDRY CLAIMS. The following sums, or so much thereof as may be necessary, are appropriated from the general fund, unless otherwise indicated, for relief of various individuals, firms, and corporations for sundry claims. These appropriations are to be disbursed on vouchers approved by the director of general administration, except as otherwise provided, as follows:
(1) Reimbursement of criminal defendants acquitted on the basis of self-defense, pursuant to RCW 9A.16.110:
(a) Eythor Westman, claim number SCJ 02-01. . . . . . . . . .$ 7,000
(b) Stacey Julian, claim number SCJ 02-02. . . . .. . . . . . . .$ 59,136
(c) Christopher Denney, claim number SCJ 02-03. . . . . . . $ 11,598
(d) Onofre Vazquez, claim number SCJ 02-04. . . . . . . . . .$ 200
(e) William Voorhies, claim number SCJ 02-05. . . . . . . . .$ 3,694
(f) Glenn Rowlison, claim number SCJ 02-06. . .. . . . . . . .$ 14,395
(g) Frankie Doerr, claim number SCJ 02-07. . . . . . . . . . . .$ 9,100
(h) Ralph Howard, claim number SCJ 00-09. . . .. . . . . . . .$ 99,497
(i) Johnny Adams, claim number SCJ 01-17. . . . . . . . . . . .$ 11,916
(j) Shane Mathus, claim number SCJ 02-08. . . . .. . . . . . . .$ 13,043
(k) Timothy Farnam, claim number SCJ 02-09. . . . . . . . . .$ 21,822
(l) Rebecca Williams, claim number SCJ 02-10. . . . . . . . .$ 2,241
(m) Stewart Bailey, claim number SCJ 02-11. . . . . . . . . . .$ 4,186
(n) Aaron Knaack, claim number SCJ 02-13. . . .. . . . . . . .$ 4,330
(o) Jacob Clark, claim number SCJ 02-14. . . . . . . . . . . . . .$ 11,613
(2) Payment from the state wildlife account for damage to crops by wildlife, pursuant to RCW 77.36.050:
(a) Ronald Palmer, claim number SCG 02-0. . . . . . . . . . . .$ 1,522
(b) Keith Morris, claim number SCG 02-02. . . . .. . . . . . . .$ 1,315
(c) Edgar Roush, claim number SCG 02-03. . . . .. . . . . . . .$ 1,459
Sec. 727. 2001 2nd sp.s. c 7 s 705 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 2002).. . . . . . . . . . . . . . . . .$ 850,000
General Fund--State Appropriation (FY 2003).. . . . . . . . . . . . . . . . .$ ((850,000))
8,010,000
TOTAL APPROPRIATION. . . . . . . . . . . .$ ((1,700,000))
8,860,000
The appropriations in this section are subject to the following conditions and limitations: The appropriations in this section are for the governor's emergency fund for the critically necessary work of any agency. Up to $5,298,000 of the fiscal year 2003 appropriation is provided for costs associated with implementing House Bill No. 2926 (transferring the state library to the office of secretary of state.)
PART VIII
OTHER TRANSFERS AND APPROPRIATIONS
Sec. 801. 2001 2nd sp.s. c 7 s 801 (uncodified) is amended to read as follows:
General Fund Appropriation for fire insurance
premium distributions. . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((6,528,600))
7,526,700
General Fund Appropriation for public utility
district excise tax distributions. . . . . .. . . . . . . . . . . . . . . . .$ ((36,427,306))
34,754,723
General Fund Appropriation for prosecuting
attorney distributions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((3,090,000))
3,110,000
General Fund Appropriation for boating safety/
education and law enforcement
distributions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,780,000
General Fund Appropriation for other tax
distributions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((39,566))
1,951,556
Death Investigations Account Appropriation for
distribution to counties for publicly
funded autopsies. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,621,537
Aquatic Lands Enhancement Account Appropriation
for harbor improvement revenue
distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 147,500
Timber Tax Distribution Account Appropriation for
distribution to "timber" counties. . . . .. . . . . . . . . . . . . . . . .$ ((68,562,000))
57,405,032
County Criminal Justice Assistance
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 49,835,213
Municipal Criminal Justice Assistance
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 19,988,097
Liquor Excise Tax Account Appropriation for
liquor excise tax distribution. . . . . . . . . . . . . . . . . . . . . . . .$ 28,659,331
Liquor Revolving Account Appropriation for
liquor profits distribution. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 55,344,817
TOTAL APPROPRIATION. . . . . . . . . . . .$ ((274,023,967))
264,124,506
The total expenditures from the state treasury under the appropriations in this section shall not exceed the funds available under statutory distributions for the stated purposes.
Sec. 802. 2001 2nd sp.s. c 7 s 805 (uncodified) is amended to read as follows:
For transfers in this section to the state general fund, pursuant to RCW 43.135.035(5), the state expenditure limit shall be increased by the amount of the transfer. The increase shall occur in the fiscal year in which the transfer occurs.
Public Facilities Construction Loan and
Grant Revolving Account: For transfer
to the digital government revolving account
on or before December 31, 2001. . . . . . . . . . . . . . . . . . . . .$ 1,418,456
Financial Services Regulation Fund: To be
transferred from the financial services
regulation fund to the digital government
revolving account during the period
between July 1, 2001, and December 31,
2001. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,000,000
Local Toxics Control Account: For transfer
to the state toxics control account.
Transferred funds will be utilized
for methamphetamine lab cleanup, to
address areawide soil contamination
problems, and clean up contaminated
sites as part of the clean sites
initiative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,000,000
State Toxics Control Account: For transfer
to the water quality account for water
quality related projects funded in the
capital budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,000,000
General Fund: For transfer to the flood
control assistance account.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,000,000
Water 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. . . . .. . . . . . . . . . . . . . . . .$ 12,564,487
Health Services Account: For transfer
to the water quality account. . . . . . . . . . . . . . . . . . . . . . . . .$ 6,447,500
State Treasurer's Service Account: For
transfer to the general fund on or
before June 30, 2003, an amount in excess
of the cash requirements of the state
treasurer's service account. Pursuant to
RCW 43.135.035(5), the state expenditure
limit shall be increased by $4,000,000 in
fiscal year 2002 and by $8,393,000 in fiscal
year 2003 to reflect this transfer. . . . .. . . . . . . . . . . . . . . . .$ ((8,000,000))
12,393,000
Public Works Assistance Account: For
transfer to the drinking water
assistance account. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,700,000
Tobacco Settlement Account: For transfer
to the health services account, in an
amount not to exceed the actual balance
of the tobacco settlement account. . . .. . . . . . . . . . . . . . . . .$ ((310,000,000))
256,700,000
General Fund: For transfer to the water quality
account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((60,325,000))
60,821,172
Health Services Account: For
transfer to the state general fund
by June 30, 2002. Pursuant to RCW
43.135.035(5), the state expenditure
limit shall be increased in fiscal
year 2002 to reflect this transfer. . . . .. . . . . . . . . . . . . . . . .$ ((130,000,000))
150,000,000
((Health Services Account: For
transfer to the state general fund
by June 30, 2003. Pursuant
to RCW 43.135.035(5), the state expenditure
limit shall be increased in fiscal
year 2003 to reflect this transfer. . . . .. . . . . . . . . . . . . . . . .$ 20,000,000
State Surplus Assets Reserve Fund: For
transfer to the multimodal transportation
account by June 30, 2002.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 70,000,000))
Multimodal Transportation Account: For
transfer to the state general fund
by June 30, 2002. Pursuant to RCW
43.135.035(5), the state expenditure
limit shall be increased in fiscal
year 2002 to reflect this transfer. . . . .. . . . . . . . . . . . . . . . .$ 70,000,000
Health Service Account: For transfer
to the violence reduction and drug
enforcement account. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,497,500
Gambling Revolving Account: For transfer
to the state general fund, $2,000,000
for fiscal year 2002 and $450,000 for
fiscal year 2003. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,450,000
Horticultural Districts Account: For transfer
to the fruit and vegetable inspection
account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 11,075,000
Agricultural Local Account: For
transfer to the fruit and vegetable
inspection account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 605,000
Nisqually Earthquake Account: For transfer to
the disaster response account for fire
suppression and mobilization costs. . . . . . . . . . . . . . . . . . .$ 32,802,000
Enhanced 911 Account: For transfer to
the state general fund for fiscal
year 2003. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,000,000
Clarke-McNary Fund: For transfer to the
state general fund for fiscal year 2002. . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,000,000
State Drought Preparedness Account: For
transfer to the state general fund for
fiscal year 2002. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,000,000
Financial Services Regulation Fund: For
transfer to the state general fund,
$2,250,000 for fiscal year 2002 and
$357,000 for fiscal year 2003. . . . . . .. . . . . . . . . . . . . . . . .$ 2,607,000
Industrial Insurance Premium Refund Account:
For transfer to the state general fund
for fiscal year 2002. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Liquor Control Board Construction and
Maintenance Account: For transfer
to the state general fund for fiscal
year 2003. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 504,000
Liquor Revolving Account: For transfer
to the state general fund for fiscal
year 2003. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,059,000
Lottery Administrative Account: For transfer
to the state general fund for fiscal
year 2003. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 335,000
Emergency Medical Services and Trauma Care
System Trust Account: For transfer
to the state general fund for fiscal
year 2002. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,000,000
Public Service Revolving Account: For transfer
to the state general fund for fiscal
year 2003. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 406,000
Local Leasehold Excise Tax Account: For transfer
of interest to the state general fund by
June 1, 2002, for fiscal year 2002. . . .. . . . . . . . . . . . . . . . .$ 1,000,000
Insurance Commissioner's Regulatory Account:
For transfer to the state general fund
for fiscal year 2003. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 366,000
Health Services Account: For transfer to the
tobacco prevention and control account. . . . . . . .. . . . . . . .$ 21,980,000
From the Emergency Reserve Fund: For transfer
to the state general fund:
On June 28, 2002. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 300,000,000
On June 28, 2003. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 25,000,000
Tobacco Securitization Trust Account: For
transfer to the state general fund for
fiscal year 2003. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 450,000,000
PART IX
MISCELLANEOUS
Sec. 901. RCW 9.46.100 and 1991 sp.s. c 16 s 917 are each amended to read as follows:
There is hereby created the gambling revolving fund which shall consist of all moneys receivable for licensing, penalties, forfeitures, and all other moneys, income, or revenue received by the commission. The state treasurer shall be custodian of the fund. All moneys received by the commission or any employee thereof, except for change funds and an amount of petty cash as fixed by rule or regulation of the commission, shall be deposited each day in a depository approved by the state treasurer and transferred to the state treasurer to be credited to the gambling revolving fund. Disbursements from the revolving fund shall be on authorization of the commission or a duly authorized representative thereof. In order to maintain an effective expenditure and revenue control the gambling revolving fund shall be subject in all respects to chapter 43.88 RCW but no appropriation shall be required to permit expenditures and payment of obligations from such fund. All expenses relative to commission business, including but not limited to salaries and expenses of the director and other commission employees shall be paid from the gambling revolving fund.
((The state treasurer shall transfer to the general fund one million dollars from the gambling revolving fund for the 1991-93 fiscal biennium.)) During the 2001-2003 fiscal biennium, the legislature may transfer from the gambling revolving fund to the state general fund such amounts as reflect the excess fund balance of the fund and reductions made by the 2002 supplemental appropriations act for administrative efficiencies and savings.
Sec. 902. RCW 28B.50.837 and 1993 c 87 s 1 are each amended to read as follows:
(1) The Washington community and technical college exceptional faculty awards program is established. The program shall be administered by the college board. The college faculty awards trust fund hereby created shall be administered by the state treasurer.
(2) Funds appropriated by the legislature for the community and technical college exceptional faculty awards program shall be deposited in the college faculty awards trust fund. At the request of the college board, the treasurer shall release the state matching funds to the local endowment fund of the college or its foundation. No appropriation is necessary for the expenditure of moneys from the fund. During the 2001-2003 fiscal biennium, the legislature may appropriate funds from the college faculty awards trust fund for the purposes of the settlement costs of the Mader v. State litigation regarding retirement contributions on behalf of part-time faculty.
Sec. 903. RCW 38.52.105 and 1997 c 251 s 1 are each amended to read as follows:
The disaster response account is created in the state treasury. Moneys may be placed in the account from legislative appropriations and transfers, federal appropriations, or any other lawful source. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for support of state agency and local government disaster response and recovery efforts. During the 2001-03 biennium, funds from the account may also be used for costs associated with national security preparedness activities.
Sec. 904. RCW 38.52.106 and 2001 c 5 s 2 are each amended to read as follows:
The Nisqually earthquake account is created in the state treasury. Moneys may be placed in the account from tax revenues, budget transfers or appropriations, federal appropriations, gifts, or any other lawful source. Moneys in the account may be spent only after appropriation. Moneys in the account shall be used only to support state and local government disaster response and recovery efforts associated with the Nisqually earthquake. During the 2001-2003 fiscal biennium, the legislature may transfer moneys from the Nisqually earthquake account to the disaster response account for fire suppression and mobilization costs, and costs associated with national security preparedness activities.
Sec. 905. RCW 38.52.540 and 2001 c 128 s 2 are each amended to read as follows:
The enhanced 911 account is created in the state treasury. All receipts from the state enhanced 911 excise tax imposed by RCW 82.14B.030 shall be deposited into the account. Moneys in the account shall be used only to support the statewide coordination and management of the enhanced 911 system and to help supplement, within available funds, the operational costs of the system. Funds shall not be distributed to any county that has not imposed the maximum county enhanced 911 taxes allowed under RCW 82.14B.030 (1) and (2). The state enhanced 911 coordinator, with the advice and assistance of the enhanced 911 advisory committee, is authorized to enter into statewide agreements to improve the efficiency of enhanced 911 services for all counties and shall specify by rule the additional purposes for which moneys, if available, may be expended from this account. During the 2001-2003 fiscal biennium, the legislature may transfer from the enhanced 911 account to the state general fund such amounts as reflect the excess fund balance of the account.
Sec. 906. RCW 41.06.150 and 1999 c 297 s 3 are each amended to read as follows:
The board shall adopt rules, consistent with the purposes and provisions of this chapter, as now or hereafter amended, and with the best standards of personnel administration, regarding the basis and procedures to be followed for:
(1) The reduction, dismissal, suspension, or demotion of an employee;
(2) Certification of names for vacancies, including departmental promotions, with the number of names equal to six more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists: PROVIDED, That when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;
(3) Examinations for all positions in the competitive and noncompetitive service;
(4) Appointments;
(5) Training and career development;
(6) Probationary periods of six to twelve months and rejections of probationary employees, depending on the job requirements of the class, except that entry level state park rangers shall serve a probationary period of twelve months;
(7) Transfers;
(8) Sick leaves and vacations;
(9) Hours of work;
(10) Layoffs when necessary and subsequent reemployment, both according to seniority;
(11) Determination of appropriate bargaining units within any agency: PROVIDED, That in making such determination the board shall consider the duties, skills, and working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among the employees, and the desires of the employees;
(12) Certification and decertification of exclusive bargaining representatives: PROVIDED, That after certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment: PROVIDED FURTHER, That for purposes of this clause, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights: AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his or her individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;
(13) Agreements between agencies and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the appropriate bargaining unit of such agency may lawfully exercise discretion;
(14) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the appointing authority and the employee organization: PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his or her official duties;
(15) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position.
(a) The board shall not adopt job classification revisions or class studies unless implementation of the proposed revision or study will result in net cost savings, increased efficiencies, or improved management of personnel or services, and the proposed revision or study has been approved by the director of financial management in accordance with chapter 43.88 RCW.
(b) Beginning July 1, 1995, through June 30, 1997, in addition to the requirements of (a) of this subsection:
(i) The board may approve the implementation of salary increases resulting from adjustments to the classification plan during the 1995-97 fiscal biennium only if:
(A) The implementation will not result in additional net costs and the proposed implementation has been approved by the director of financial management in accordance with chapter 43.88 RCW;
(B) The implementation will take effect on July 1, 1996, and the total net cost of all such actions approved by the board for implementation during the 1995-97 fiscal biennium does not exceed the amounts specified by the legislature specifically for this purpose; or
(C) The implementation is a result of emergent conditions. Emergent conditions are defined as emergency situations requiring the establishment of positions necessary for the preservation of the public health, safety, or general welfare, which do not exceed $250,000 of the moneys identified in section 718(2), chapter 18, Laws of 1995 2nd sp. sess.
(ii) The board shall approve only those salary increases resulting from adjustments to the classification plan if they are due to documented recruitment and retention difficulties, salary compression or inversion, increased duties and responsibilities, or inequities. For these purposes, inequities are defined as similar work assigned to different job classes with a salary disparity greater than 7.5 percent.
(iii) Adjustments made to the higher education hospital special pay plan are exempt from (b)(i) through (ii) of this subsection.
(c) Reclassifications, class studies, and salary adjustments to be implemented during the 1997-99 and subsequent fiscal biennia are governed by (a) of this subsection and RCW 41.06.152;
(16) Allocation and reallocation of positions within the classification plan;
(17) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155 and that, for institutions of higher education and related boards, shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located, such adoption and revision subject to approval by the director of financial management in accordance with the provisions of chapter 43.88 RCW;
(18) Increment increases within the series of steps for each pay grade based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service;
(19) Optional lump sum relocation compensation approved by the agency director, whenever it is reasonably necessary that a person make a domiciliary move in accepting a transfer or other employment with the state. An agency must provide lump sum compensation within existing resources. If the person receiving the relocation payment terminates or causes termination with the state, for reasons other than layoff, disability separation, or other good cause as determined by an agency director, within one year of the date of the employment, the state is entitled to reimbursement of the lump sum compensation from the person;
(20) Providing for veteran's preference as required by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their surviving spouses by giving such eligible veterans and their surviving spouses additional credit in computing their seniority by adding to their unbroken state service, as defined by the board, the veteran's service in the military not to exceed five years. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given: PROVIDED, HOWEVER, That the surviving spouse of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service: PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;
(21) Permitting agency heads to delegate the authority to appoint, reduce, dismiss, suspend, or demote employees within their agencies if such agency heads do not have specific statutory authority to so delegate: PROVIDED, That the board may not authorize such delegation to any position lower than the head of a major subdivision of the agency;
(22) Assuring persons who are or have been employed in classified positions before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter;
(23) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress against those goals and timetables.
The board shall consult with the human rights commission in the development of rules pertaining to affirmative action. The department of personnel shall transmit a report annually to the human rights commission which states the progress each state agency has made in meeting affirmative action goals and timetables.
Notwithstanding this section and rules of the board adopted under this section, agencies may place employees on temporary unpaid leave during the 2001-2003 fiscal biennium for the purpose of implementing appropriations reductions enacted in the 2002 supplemental appropriations act. Mandatory unpaid leave must be approved by the agency director, and must be, to the greatest extent possible, mutually agreeable to the employee and employer. Employees taking mandatory temporary unpaid leave will not lose seniority, leave accrual, or health insurance benefits.
Sec. 907. RCW 43.10.220 and 1999 c 309 s 916 are each amended to read as follows:
The attorney general is authorized to expend from the antitrust revolving fund, created by RCW 43.10.210 through 43.10.220, such funds as are necessary for the payment of costs, expenses and charges incurred in the preparation, institution and maintenance of antitrust actions under the state and federal antitrust acts. During the ((1999-01)) 2001-03 fiscal biennium, the attorney general may expend ((up to one million three hundred thousand dollars)) from the antitrust revolving fund for the purposes of ((implementing a case management data processing system for the centralized management of cases and workload, including antitrust and other complex litigation)) the consumer protection activities of the office.
Sec. 908. RCW 43.30.360 and 1986 c 100 s 46 are each amended to read as follows:
The department and Washington State University may each receive funds from the federal government in connection with cooperative work with the United States department of agriculture, authorized by sections 4 and 5 of the Clarke-McNary act of congress, approved June 7, 1924, providing for the procurement, protection, and distribution of forestry seed and plants for the purpose of establishing windbreaks, shelter belts, and farm wood lots and to assist the owners of farms in establishing, improving, and renewing wood lots, shelter belts, and windbreaks; and are authorized to disburse such funds as needed. During the 2001-2003 fiscal biennium, the legislature may transfer from the Clarke-McNary fund to the state general fund such amounts as reflect the excess fund balance of the Clarke-McNary fund.
Sec. 909. RCW 43.72.900 and 2002 c 2 s 2 (Initiative Measure No. 773) are each amended to read as follows:
(1) The health services account is created in the state treasury. Moneys in the account may be spent only after appropriation. Subject to the transfers described in subsection (3) of this section, moneys in the account may be expended only for maintaining and expanding health services access for low-income residents, maintaining and expanding the public health system, maintaining and improving the capacity of the health care system, containing health care costs, and the regulation, planning, and administering of the health care system.
(2) Funds deposited into the health services account under RCW 82.24.028 and 82.26.028 shall be used solely as follows:
(a) Five million dollars for the state fiscal year beginning July 1, 2002, and five million dollars for the state fiscal year beginning July 1, 2003, shall be appropriated by the legislature for programs that effectively improve the health of low-income persons, including efforts to reduce diseases and illnesses that harm low-income persons. The department of health shall submit a report to the legislature on March 1, 2002, evaluating the cost-effectiveness of programs that improve the health of low-income persons and address diseases and illnesses that disproportionately affect low-income persons, and making recommendations to the legislature on which of these programs could most effectively utilize the funds appropriated under this subsection.
(b) Ten percent of the funds deposited into the health services account under RCW 82.24.028 and 82.26.028 remaining after the appropriation under (a) of this subsection shall be transferred no less frequently than annually by the treasurer to the tobacco prevention and control account established by RCW 43.79.480. The funds transferred shall be used exclusively for implementation of the Washington state tobacco prevention and control plan and shall be used only to supplement, and not supplant, funds in the tobacco prevention and control account as of January 1, 2001, however, these funds may be used to replace funds appropriated by the legislature for further implementation of the Washington state tobacco prevention and control plan for the biennium beginning July 1, 2001. For each state fiscal year beginning on and after July 1, 2002, the legislature shall appropriate no less than twenty-six million two hundred forty thousand dollars from the tobacco prevention and control account for implementation of the Washington state tobacco prevention and control plan.
(c) Because of its demonstrated effectiveness in improving the health of low-income persons and addressing illnesses and diseases that harm low-income persons, the remainder of the funds deposited into the health services account under RCW 82.24.028 and 82.26.028 shall be appropriated solely for Washington basic health plan enrollment as provided in chapter 70.47 RCW. Funds appropriated pursuant to this subsection (2)(c) must supplement, and not supplant, the level of state funding needed to support enrollment of a minimum of one hundred twenty-five thousand persons for the fiscal year beginning July 1, 2002, and every fiscal year thereafter. The health care authority may enroll up to twenty thousand additional persons in the basic health plan during the biennium beginning July 1, 2001, above the base level of one hundred twenty-five thousand enrollees. The health care authority may enroll up to fifty thousand additional persons in the basic health plan during the biennium beginning July 1, 2003, above the base level of one hundred twenty-five thousand enrollees. For each biennium beginning on and after July 1, 2005, the health care authority may enroll up to at least one hundred seventy-five thousand enrollees. Funds appropriated under this subsection may be used to support outreach and enrollment activities only to the extent necessary to achieve the enrollment goals described in this section.
(3) Prior to expenditure for the purposes described in subsection (2) of this section, funds deposited into the health services account under RCW 82.24.028 and 82.26.028 shall first be transferred to the following accounts to ensure the continued availability of previously dedicated revenues for certain existing programs:
(a) To the violence reduction and drug enforcement account under RCW 69.50.520, two million two hundred forty-nine thousand five hundred dollars for the state fiscal year beginning July 1, 2001, four million two hundred forty-eight thousand dollars for the state fiscal year beginning July 1, 2002, seven million seven hundred eighty-nine thousand dollars for the biennium beginning July 1, 2003, six million nine hundred thirty-two thousand dollars for the biennium beginning July 1, 2005, and six million nine hundred thirty-two thousand dollars for each biennium thereafter, as required by RCW 82.24.020(2);
(b) To the health services account under this section, nine million seventy-seven thousand dollars for the state fiscal year beginning July 1, 2001, seventeen million one hundred eighty-eight thousand dollars for the state fiscal year beginning July 1, 2002, thirty-one million seven hundred fifty-five thousand dollars for the biennium beginning July 1, 2003, twenty-eight million six hundred twenty-two thousand dollars for the biennium beginning July 1, 2005, and twenty-eight million six hundred twenty-two thousand dollars for each biennium thereafter, as required by RCW 82.24.020(3); and
(c) To the water quality account under RCW 70.146.030, two million two hundred three thousand five hundred dollars for the state fiscal year beginning July 1, 2001, four million two hundred forty-four thousand dollars for the state fiscal year beginning July 1, 2002, eight million one hundred eighty-two thousand dollars for the biennium beginning July 1, 2003, seven million eight hundred eighty-five thousand dollars for the biennium beginning July 1, 2005, and seven million eight hundred eighty-five thousand dollars for each biennium thereafter, as required by RCW 82.24.027(2)(a).
During the 2001-2003 fiscal biennium, the legislature may transfer from the health services account such amounts as reflect the excess fund balance of the account.
Sec. 910. RCW 43.83B.430 and 1999 c 379 s 921 are each amended to read as follows:
The state drought preparedness account is created in the state treasury. All receipts from appropriated funds designated for the account and funds transferred from the state emergency water projects revolving account must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for drought preparedness. During the 2001-2003 fiscal biennium, the legislature may transfer from the state drought preparedness account to the state general fund such amounts as reflect the excess fund balance of the account.
Sec. 911. RCW 43.88.030 and 2000 2nd sp.s. c 4 s 12 are each amended to read as follows:
(1) The director of financial management shall provide all agencies with a complete set of instructions for submitting biennial budget requests to the director at least three months before agency budget documents are due into the office of financial management. The director shall provide agencies and committees that are required under RCW 44.40.070 to develop comprehensive six-year program and financial plans with a complete set of instructions for submitting these program and financial plans at the same time that instructions for submitting other budget requests are provided. The budget document or documents shall consist of the governor's budget message which shall be explanatory of the budget and shall contain an outline of the proposed financial policies of the state for the ensuing fiscal period, as well as an outline of the proposed six-year financial policies where applicable, and shall describe in connection therewith the important features of the budget. The message shall set forth the reasons for salient changes from the previous fiscal period in expenditure and revenue items and shall explain any major changes in financial policy. Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material in respect to both current operations and capital improvements as the governor shall deem to be useful to the legislature. The budget document or documents shall set forth a proposal for expenditures in the ensuing fiscal period, or six-year period where applicable, based upon the estimated revenues and caseloads as approved by the economic and revenue forecast council and caseload forecast council or upon the estimated revenues and caseloads of the office of financial management for those funds, accounts, sources, and programs for which the forecast councils do not prepare an official forecast, including those revenues anticipated to support the six-year programs and financial plans under RCW 44.40.070. In estimating revenues to support financial plans under RCW 44.40.070, the office of financial management shall rely on information and advice from the transportation revenue forecast council. Revenues shall be estimated for such fiscal period from the source and at the rates existing by law at the time of submission of the budget document, including the supplemental budgets submitted in the even-numbered years of a biennium. However, the estimated revenues and caseloads for use in the governor's budget document may be adjusted to reflect budgetary revenue transfers and revenue and caseload estimates dependent upon budgetary assumptions of enrollments, workloads, and caseloads. All adjustments to the approved estimated revenues and caseloads must be set forth in the budget document. The governor may additionally submit, as an appendix to each supplemental, biennial, or six-year agency budget or to the budget document or documents, a proposal for expenditures in the ensuing fiscal period from revenue sources derived from proposed changes in existing statutes.
Supplemental and biennial documents shall reflect a six-year expenditure plan consistent with estimated revenues from existing sources and at existing rates for those agencies required to submit six-year program and financial plans under RCW 44.40.070. Any additional revenue resulting from proposed changes to existing statutes shall be separately identified within the document as well as related expenditures for the six-year period.
The budget document or documents shall also contain:
(a) Revenues classified by fund and source for the immediately past fiscal period, those received or anticipated for the current fiscal period, those anticipated for the ensuing biennium, and those anticipated for the ensuing six-year period to support the six-year programs and financial plans required under RCW 44.40.070;
(b) The undesignated fund balance or deficit, by fund;
(c) Such additional information dealing with expenditures, revenues, workload, performance, and personnel as the legislature may direct by law or concurrent resolution;
(d) Such additional information dealing with revenues and expenditures as the governor shall deem pertinent and useful to the legislature;
(e) Tabulations showing expenditures classified by fund, function, activity, and agency. However, documents submitted for the 2003-05 biennial budget request need not show expenditures by activity;
(f) A delineation of each agency's activities, including those activities funded from nonbudgeted, nonappropriated sources, including funds maintained outside the state treasury;
(g) Identification of all proposed direct expenditures to implement the Puget Sound water quality plan under chapter 90.71 RCW, shown by agency and in total; and
(h) Tabulations showing each postretirement adjustment by retirement system established after fiscal year 1991, to include, but not be limited to, estimated total payments made to the end of the previous biennial period, estimated payments for the present biennium, and estimated payments for the ensuing biennium.
(2) The budget document or documents shall include detailed estimates of all anticipated revenues applicable to proposed operating or capital expenditures and shall also include all proposed operating or capital expenditures. The total of beginning undesignated fund balance and estimated revenues less working capital and other reserves shall equal or exceed the total of proposed applicable expenditures. The budget document or documents shall further include:
(a) Interest, amortization and redemption charges on the state debt;
(b) Payments of all reliefs, judgments, and claims;
(c) Other statutory expenditures;
(d) Expenditures incident to the operation for each agency;
(e) Revenues derived from agency operations;
(f) Expenditures and revenues shall be given in comparative form showing those incurred or received for the immediately past fiscal period and those anticipated for the current biennium and next ensuing biennium, as well as those required to support the six-year programs and financial plans required under RCW 44.40.070;
(g) A showing and explanation of amounts of general fund and other funds obligations for debt service and any transfers of moneys that otherwise would have been available for appropriation;
(h) Common school expenditures on a fiscal-year basis;
(i) A showing, by agency, of the value and purpose of financing contracts for the lease/purchase or acquisition of personal or real property for the current and ensuing fiscal periods; and
(j) A showing and explanation of anticipated amounts of general fund and other funds required to amortize the unfunded actuarial accrued liability of the retirement system specified under chapter 41.45 RCW, and the contributions to meet such amortization, stated in total dollars and as a level percentage of total compensation.
(3) A separate capital budget document or schedule shall be submitted that will contain the following:
(a) A statement setting forth a long-range facilities plan for the state that identifies and includes the highest priority needs within affordable spending levels;
(b) A capital program consisting of proposed capital projects for the next biennium and the two biennia succeeding the next biennium consistent with the long-range facilities plan. Insomuch as is practical, and recognizing emergent needs, the capital program shall reflect the priorities, projects, and spending levels proposed in previously submitted capital budget documents in order to provide a reliable long-range planning tool for the legislature and state agencies;
(c) A capital plan consisting of proposed capital spending for at least four biennia succeeding the next biennium;
(d) A strategic plan for reducing backlogs of maintenance and repair projects. The plan shall include a prioritized list of specific facility deficiencies and capital projects to address the deficiencies for each agency, cost estimates for each project, a schedule for completing projects over a reasonable period of time, and identification of normal maintenance activities to reduce future backlogs;
(e) A statement of the reason or purpose for a project;
(f) Verification that a project is consistent with the provisions set forth in chapter 36.70A RCW;
(g) A statement about the proposed site, size, and estimated life of the project, if applicable;
(h) Estimated total project cost;
(i) For major projects valued over five million dollars, estimated costs for the following project components: Acquisition, consultant services, construction, equipment, project management, and other costs included as part of the project. Project component costs shall be displayed in a standard format defined by the office of financial management to allow comparisons between projects;
(j) Estimated total project cost for each phase of the project as defined by the office of financial management;
(k) Estimated ensuing biennium costs;
(l) Estimated costs beyond the ensuing biennium;
(m) Estimated construction start and completion dates;
(n) Source and type of funds proposed;
(o) Estimated ongoing operating budget costs or savings resulting from the project, including staffing and maintenance costs;
(p) For any capital appropriation requested for a state agency for the acquisition of land or the capital improvement of land in which the primary purpose of the acquisition or improvement is recreation or wildlife habitat conservation, the capital budget document, or an omnibus list of recreation and habitat acquisitions provided with the governor's budget document, shall identify the projected costs of operation and maintenance for at least the two biennia succeeding the next biennium. Omnibus lists of habitat and recreation land acquisitions shall include individual project cost estimates for operation and maintenance as well as a total for all state projects included in the list. The document shall identify the source of funds from which the operation and maintenance costs are proposed to be funded;
(q) Such other information bearing upon capital projects as the governor deems to be useful;
(r) Standard terms, including a standard and uniform definition of normal maintenance, for all capital projects;
(s) Such other information as the legislature may direct by law or concurrent resolution.
For purposes of this subsection (3), the term "capital project" shall be defined subsequent to the analysis, findings, and recommendations of a joint committee comprised of representatives from the house capital appropriations committee, senate ways and means committee, legislative transportation committee, legislative evaluation and accountability program committee, and office of financial management.
(4) No change affecting the comparability of agency or program information relating to expenditures, revenues, workload, performance and personnel shall be made in the format of any budget document or report presented to the legislature under this section or RCW 43.88.160(1) relative to the format of the budget document or report which was presented to the previous regular session of the legislature during an odd-numbered year without prior legislative concurrence. Prior legislative concurrence shall consist of (a) a favorable majority vote on the proposal by the standing committees on ways and means of both houses if the legislature is in session or (b) a favorable majority vote on the proposal by members of the legislative evaluation and accountability program committee if the legislature is not in session.
Sec. 912. RCW 43.320.110 and 2001 2nd sp.s. c 7 s 911 are each amended to read as follows:
There is created a local fund known as the "financial services regulation fund" which shall consist of all moneys received by the divisions of the department of financial institutions, except for the division of securities which shall deposit thirteen percent of all moneys received, and which shall be used for the purchase of supplies and necessary equipment; the payment of salaries, wages, and utilities; the establishment of reserves; and other incidental costs required for the proper regulation of individuals and entities subject to regulation by the department. The state treasurer shall be the custodian of the fund. Disbursements from the fund shall be on authorization of the director of financial institutions or the director's designee. In order to maintain an effective expenditure and revenue control, the fund shall be subject in all respects to chapter 43.88 RCW, but no appropriation is required to permit expenditures and payment of obligations from the fund.
Between July 1, 2001, and December 31, 2001, the legislature may transfer up to two million dollars from the financial services regulation fund to the ((state general fund)) digital government revolving account. During the 2001-2003 fiscal biennium, the legislature may transfer from the financial services regulation fund to the state general fund such amounts as reflect the excess fund balance of the fund and appropriations reductions made by the 2002 supplemental appropriations act for administrative efficiencies and savings.
Sec. 913. RCW 48.02.190 and 1987 c 505 s 54 are each amended to read as follows:
(1) As used in this section:
(a) "Organization" means every insurer, as defined in RCW 48.01.050, having a certificate of authority to do business in this state and every health care service contractor registered to do business in this state. "Class one" organizations shall consist of all insurers as defined in RCW 48.01.050. "Class two" organizations shall consist of all organizations registered under provisions of chapter 48.44 RCW.
(b) "Receipts" means (i) net direct premiums consisting of direct gross premiums, as defined in RCW 48.18.170, paid for insurance written or renewed upon risks or property resident, situated, or to be performed in this state, less return premiums and premiums on policies not taken, dividends paid or credited to policyholders on direct business, and premiums received from policies or contracts issued in connection with qualified plans as defined in RCW 48.14.021, and (ii) prepayments to health care service contractors as set forth in RCW 48.44.010(3) less experience rating credits, dividends, prepayments returned to subscribers, and payments for contracts not taken.
(2) The annual cost of operating the office of insurance commissioner shall be determined by legislative appropriation. A pro rata share of the cost shall be charged to all organizations. Each class of organization shall contribute sufficient in fees to the insurance commissioner's regulatory account to pay the reasonable costs, including overhead, of regulating that class of organization.
(3) Fees charged shall be calculated separately for each class of organization. The fee charged each organization shall be that portion of the cost of operating the insurance commissioner's office, for that class of organization, for the ensuing fiscal year that is represented by the organization's portion of the receipts collected or received by all organizations within that class on business in this state during the previous calendar year: PROVIDED, That the fee shall not exceed one-eighth of one percent of receipts: PROVIDED FURTHER, That the minimum fee shall be one thousand dollars.
(4) The commissioner shall annually, on or before June 1, calculate and bill each organization for the amount of its fee. Fees shall be due and payable no later than June 15 of each year: PROVIDED, That if the necessary financial records are not available or if the amount of the legislative appropriation is not determined in time to carry out such calculations and bill such fees within the time specified, the commissioner may use the fee factors for the prior year as the basis for the fees and, if necessary, the commissioner may impose supplemental fees to fully and properly charge the organizations. The penalties for failure to pay fees when due shall be the same as the penalties for failure to pay taxes pursuant to RCW 48.14.060. The fees required by this section are in addition to all other taxes and fees now imposed or that may be subsequently imposed.
(5) All moneys collected shall be deposited in the insurance commissioner's regulatory account in the state treasury which is hereby created.
(6) Unexpended funds in the insurance commissioner's regulatory account at the close of a fiscal year shall be carried forward in the insurance commissioner's regulatory account to the succeeding fiscal year and shall be used to reduce future fees. During the 2001-2003 fiscal biennium, the legislature may transfer from the insurance commissioner's regulatory account to the state general fund such amounts as reflect excess fund balance in the account.
Sec. 914. RCW 50.16.010 and 1993 c 483 s 7 and 1993 c 226 s 10 are each reenacted and amended to read as follows:
There shall be maintained as special funds, separate and apart from all public moneys or funds of this state an unemployment compensation fund, an administrative contingency fund, and a federal interest payment fund, which shall be administered by the commissioner exclusively for the purposes of this title, and to which RCW 43.01.050 shall not be applicable.
The unemployment compensation fund shall consist of
(1) all contributions and payments in lieu of contributions collected pursuant to the provisions of this title,
(2) any property or securities acquired through the use of moneys belonging to the fund,
(3) all earnings of such property or securities,
(4) any moneys received from the federal unemployment account in the unemployment trust fund in accordance with Title XII of the social security act, as amended,
(5) all money recovered on official bonds for losses sustained by the fund,
(6) all money credited to this state's account in the unemployment trust fund pursuant to section 903 of the social security act, as amended,
(7) all money received from the federal government as reimbursement pursuant to section 204 of the federal-state extended compensation act of 1970 (84 Stat. 708-712; 26 U.S.C. Sec. 3304), and
(8) all moneys received for the fund from any other source.
All moneys in the unemployment compensation fund shall be commingled and undivided.
The administrative contingency fund shall consist of all interest on delinquent contributions collected pursuant to this title, all fines and penalties collected pursuant to the provisions of this title, all sums recovered on official bonds for losses sustained by the fund, and revenue received under RCW 50.24.014: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.
Moneys available in the administrative contingency fund, other than money in the special account created under RCW 50.24.014, shall be expended upon the direction of the commissioner, with the approval of the governor, whenever it appears to him or her that such expenditure is necessary for:
(a) The proper administration of this title and no federal funds are available for the specific purpose to which such expenditure is to be made, provided, the moneys are not substituted for appropriations from federal funds which, in the absence of such moneys, would be made available.
(b) The proper administration of this title for which purpose appropriations from federal funds have been requested but not yet received, provided, the administrative contingency fund will be reimbursed upon receipt of the requested federal appropriation.
(c) The proper administration of this title for which compliance and audit issues have been identified that establish federal claims requiring the expenditure of state resources in resolution. Claims must be resolved in the following priority: First priority is to provide services to eligible participants within the state; second priority is to provide substitute services or program support; and last priority is the direct payment of funds to the federal government.
(d) During the 2001-2003 fiscal biennium, the cost of worker retraining programs at community and technical colleges as appropriated by the legislature.
Money in the special account created under RCW 50.24.014 may only be expended, after appropriation, for the purposes specified in RCW 50.62.010, 50.62.020, 50.62.030, 50.04.070, 50.04.072, 50.16.010, 50.29.025, 50.24.014, 50.44.053, and 50.22.010.
Sec. 915. RCW 50.20.190 and 2001 c 146 s 7 are each amended to read as follows:
(1) An individual who is paid any amount as benefits under this title to which he or she is not entitled shall, unless otherwise relieved pursuant to this section, be liable for repayment of the amount overpaid. The department shall issue an overpayment assessment setting forth the reasons for and the amount of the overpayment. The amount assessed, to the extent not collected, may be deducted from any future benefits payable to the individual: PROVIDED, That in the absence of a back pay award, a settlement affecting the allowance of benefits, fraud, misrepresentation, or willful nondisclosure, every determination of liability shall be mailed or personally served not later than two years after the close of or final payment made on the individual's applicable benefit year for which the purported overpayment was made, whichever is later, unless the merits of the claim are subjected to administrative or judicial review in which event the period for serving the determination of liability shall be extended to allow service of the determination of liability during the six-month period following the final decision affecting the claim.
(2) The commissioner may waive an overpayment if the commissioner finds that the overpayment was not the result of fraud, misrepresentation, willful nondisclosure, or fault attributable to the individual and that the recovery thereof would be against equity and good conscience: PROVIDED, HOWEVER, That the overpayment so waived shall be charged against the individual's applicable entitlement for the eligibility period containing the weeks to which the overpayment was attributed as though such benefits had been properly paid.
(3) Any assessment herein provided shall constitute a determination of liability from which an appeal may be had in the same manner and to the same extent as provided for appeals relating to determinations in respect to claims for benefits: PROVIDED, That an appeal from any determination covering overpayment only shall be deemed to be an appeal from the determination which was the basis for establishing the overpayment unless the merits involved in the issue set forth in such determination have already been heard and passed upon by the appeal tribunal. If no such appeal is taken to the appeal tribunal by the individual within thirty days of the delivery of the notice of determination of liability, or within thirty days of the mailing of the notice of determination, whichever is the earlier, the determination of liability shall be deemed conclusive and final. Whenever any such notice of determination of liability becomes conclusive and final, the commissioner, upon giving at least twenty days notice by certified mail return receipt requested to the individual's last known address of the intended action, may file with the superior court clerk of any county within the state a warrant in the amount of the notice of determination of liability plus a filing fee under RCW 36.18.012(10). The clerk of the county where the warrant is filed shall immediately designate a superior court cause number for the warrant, and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of the person(s) mentioned in the warrant, the amount of the notice of determination of liability, and the date when the warrant was filed. The amount of the warrant as docketed shall become a lien upon the title to, and any interest in, all real and personal property of the person(s) against whom the warrant is issued, the same as a judgment in a civil case duly docketed in the office of such clerk. A warrant so docketed shall be sufficient to support the issuance of writs of execution and writs of garnishment in favor of the state in the manner provided by law for a civil judgment. A copy of the warrant shall be mailed to the person(s) mentioned in the warrant by certified mail to the person's last known address within five days of its filing with the clerk.
(4) On request of any agency which administers an employment security law of another state, the United States, or a foreign government and which has found in accordance with the provisions of such law that a claimant is liable to repay benefits received under such law, the commissioner may collect the amount of such benefits from the claimant to be refunded to the agency. In any case in which under this section a claimant is liable to repay any amount to the agency of another state, the United States, or a foreign government, such amounts may be collected without interest by civil action in the name of the commissioner acting as agent for such agency if the other state, the United States, or the foreign government extends such collection rights to the employment security department of the state of Washington, and provided that the court costs be paid by the governmental agency benefiting from such collection.
(5) Any employer who is a party to a back pay award or settlement due to loss of wages shall, within thirty days of the award or settlement, report to the department the amount of the award or settlement, the name and social security number of the recipient of the award or settlement, and the period for which it is awarded. When an individual has been awarded or receives back pay, for benefit purposes the amount of the back pay shall constitute wages paid in the period for which it was awarded. For contribution purposes, the back pay award or settlement shall constitute wages paid in the period in which it was actually paid. The following requirements shall also apply:
(a) The employer shall reduce the amount of the back pay award or settlement by an amount determined by the department based upon the amount of unemployment benefits received by the recipient of the award or settlement during the period for which the back pay award or settlement was awarded;
(b) The employer shall pay to the unemployment compensation fund, in a manner specified by the commissioner, an amount equal to the amount of such reduction;
(c) The employer shall also pay to the department any taxes due for unemployment insurance purposes on the entire amount of the back pay award or settlement notwithstanding any reduction made pursuant to (a) of this subsection;
(d) If the employer fails to reduce the amount of the back pay award or settlement as required in (a) of this subsection, the department shall issue an overpayment assessment against the recipient of the award or settlement in the amount that the back pay award or settlement should have been reduced; and
(e) If the employer fails to pay to the department an amount equal to the reduction as required in (b) of this subsection, the department shall issue an assessment of liability against the employer which shall be collected pursuant to the procedures for collection of assessments provided herein and in RCW 50.24.110.
(6) When an individual fails to repay an overpayment assessment that is due and fails to arrange for satisfactory repayment terms, the commissioner shall impose an interest penalty of one percent per month of the outstanding balance. Interest shall accrue immediately on overpayments assessed pursuant to RCW 50.20.070 and shall be imposed when the assessment becomes final. For any other overpayment, interest shall accrue when the individual has missed two or more of their monthly payments either partially or in full. The interest penalty shall be used to fund detection and recovery of overpayment and collection activities and, during the 2001-2003 fiscal biennium, the cost of worker retraining programs at community and technical colleges as appropriated by the legislature.
Sec. 916. RCW 51.44.170 and 1997 c 327 s 1 are each amended to read as follows:
The industrial insurance premium refund account is created in the custody of the state treasurer. All industrial insurance refunds earned by state agencies or institutions of higher education under the state fund retrospective rating program shall be deposited into the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures from the account. Only the executive head of the agency or institution of higher education, or designee, may authorize expenditures from the account. No agency or institution of higher education may make an expenditure from the account for an amount greater than the refund earned by the agency. If the agency or institution of higher education has staff dedicated to workers' compensation claims management, expenditures from the account must be used to pay for that staff, but additional expenditure from the account may be used for any program within an agency or institution of higher education that promotes or provides incentives for employee workplace safety and health and early, appropriate return-to-work for injured employees. During the 2001-2003 fiscal biennium, the legislature may transfer from the industrial insurance premium refund account to the state general fund such amounts as reflect the reductions made by the 2002 supplemental appropriations act for administrative efficiencies and savings.
Sec. 917. RCW 66.08.170 and 1961 ex.s. c 6 s 1 are each amended to read as follows:
There shall be a fund, known as the "liquor revolving fund", which shall consist of all license fees, permit fees, penalties, forfeitures, and all other moneys, income, or revenue received by the board. The state treasurer shall be custodian of the fund. All moneys received by the board or any employee thereof, except for change funds and an amount of petty cash as fixed by the board within the authority of law shall be deposited each day in a depository approved by the state treasurer and transferred to the state treasurer to be credited to the liquor revolving fund. During the 2001-2003 fiscal biennium, the legislature may transfer from the liquor revolving account to the state general fund such amounts as reflect the excess fund balance of the fund and reductions made by the 2002 supplemental appropriations act for administrative efficiencies and savings. Disbursements from the revolving fund shall be on authorization of the board or a duly authorized representative thereof. In order to maintain an effective expenditure and revenue control the liquor revolving fund shall be subject in all respects to chapter 43.88 RCW but no appropriation shall be required to permit expenditures and payment of obligations from such fund.
Sec. 918. RCW 66.08.235 and 1997 c 75 s 1 are each amended to read as follows:
The liquor control board construction and maintenance account is created within the state treasury. The liquor control board shall deposit into this account a portion of the board's markup, as authorized by chapter 66.16 RCW, placed upon liquor as determined by the board. Moneys in the account may be spent only after appropriation. The liquor control board shall use deposits to this account to fund construction and maintenance of a centralized distribution center for liquor products intended for sale through the board's liquor store and vendor system. During the 2001-2003 fiscal biennium, the legislature may transfer from the liquor control board construction and maintenance account to the state general fund such amounts as reflect the appropriations reductions made by the 2002 supplemental appropriations act for administrative efficiencies and savings.
Sec. 919. RCW 67.70.260 and 1985 c 375 s 6 are each amended to read as follows:
There is hereby created the lottery administrative account in the state treasury. The account shall be managed, controlled, and maintained by the director. The legislature may appropriate from the account for the payment of costs incurred in the operation and administration of the lottery. During the 2001-2003 fiscal biennium, the legislature may transfer from the lottery administrative account to the state general fund such amounts as reflect the appropriations reductions made by the 2002 supplemental appropriations act for administrative efficiencies and savings.
Sec. 920. RCW 69.50.520 and 2001 2nd sp.s. c 7 s 920 and 2001 c 168 s 3 are each reenacted and 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(8), 66.24.210(4), 66.24.290(2), 69.50.505(i)(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. Funds from the account may also be appropriated to reimburse local governments for costs associated with implementing criminal justice legislation including chapter 338, Laws of 1997. During the 2001-2003 biennium, funds from the account may also be used for costs associated with providing grants to local governments in accordance with chapter 338, Laws of 1997, the replacement of the department of corrections' offender-based tracking system, maintenance and operating costs of the Washington association of sheriffs and police chiefs jail reporting system, civil indigent legal representation, and for multijurisdictional narcotics task forces. After July 1, 2003, 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.
Sec. 921. RCW 70.146.030 and 2001 2nd sp.s. c 7 s 922 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. For the period July 1, 2001, to June 30, 2003, moneys in the account may be used to process applications received by the department that seek to make changes to or transfer existing water rights and for grants and technical assistance to public bodies for watershed planning under chapter 90.82 RCW. 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, moneys in the account may be transferred by the legislature to the water right permit processing account.))
Sec. 922. RCW 70.168.040 and 1997 c 331 s 2 are each amended to read as follows:
The emergency medical services and trauma care system trust account is hereby created in the state treasury. Moneys shall be transferred to the emergency medical services and trauma care system trust account from the public safety education account or other sources as appropriated, and as collected under RCW 46.63.110(6) and 46.12.042. Disbursements shall be made by the department subject to legislative appropriation. Expenditures may be made only for the purposes of the state trauma care system under this chapter, including emergency medical services, trauma care services, rehabilitative services, and the planning and development of related services under this chapter and for reimbursement by the department of social and health services for trauma care services provided by designated trauma centers. During the 2001-2003 fiscal biennium, the legislature may transfer from the emergency medical services and trauma care system trust account to the state general fund such amounts as reflect the excess fund balance of the account.
Sec. 923. RCW 79.24.580 and 2001 c 227 s 7 are each amended to read as follows:
After deduction for management costs as provided in RCW 79.64.040 and payments to towns under RCW 79.92.110(2), all moneys received by the state from the sale or lease of state-owned aquatic lands and from the sale of valuable material from state-owned aquatic lands shall be deposited in the aquatic lands enhancement account which is hereby created in the state treasury. After appropriation, these funds shall be used solely for aquatic lands enhancement projects; for the purchase, improvement, or protection of aquatic lands for public purposes; for providing and improving access to such lands; and for volunteer cooperative fish and game projects.
In providing grants for aquatic lands enhancement projects, the department shall require grant recipients to incorporate the environmental benefits of the project into their grant applications, and the department shall utilize the statement of environmental benefits in its prioritization and selection process. The department shall also develop appropriate outcome-focused performance measures to be used both for management and performance
assessment of the grants. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The department shall consult with affected interest groups in implementing this section.
During the fiscal biennium ending June 30, ((2001)) 2003, the funds may be appropriated for boating safety((,)) and shellfish management, enforcement, and enhancement ((and for developing and implementing plans for population monitoring and restoration of native wild salmon stock)).
Sec. 924. RCW 80.01.080 and 2001 c 238 s 8 are each amended to read as follows:
((The transportation revolving fund and the public utilities revolving fund are abolished as of April 1, 1949, and as of such date)) There is created in the state treasury a (("))public service revolving fund((" to which shall be transferred all moneys which then remain on hand to the credit of the transportation revolving fund and the public utilities revolving fund, subject, however, to outstanding warrants and other obligations chargeable to appropriations made from such funds. From and after April 1, 1949,)). Regulatory fees payable by all types of public service companies shall be deposited to the credit of the public service revolving fund. Except for expenses payable out of the pipeline safety account, all expense of operation of the Washington utilities and transportation commission shall be payable out of the public service revolving fund.
During the 2001-2003 fiscal biennium, the legislature may transfer from the public service revolving fund to the state general fund such amounts as reflect the appropriations reductions made by the 2002 supplemental appropriations act for administrative efficiencies and savings.
Sec. 925. RCW 82.29A.080 and 1985 c 57 s 84 are each amended to read as follows:
The counties and cities shall contract, prior to the effective date of an ordinance imposing a leasehold excise tax, with the department of revenue for administration and collection. The department of revenue shall deduct a percentage amount, as provided by such contract, not to exceed two percent of the taxes collected, for administration and collection expenses incurred by the department. The remainder of any portion of any tax authorized by RCW 82.29A.040 which is collected by the department of revenue shall be deposited by the state department of revenue in the local leasehold excise tax account hereby created in the state treasury. Moneys in the local leasehold excise tax account may be spent only for distribution to counties and cities imposing a leasehold excise tax.
During the 2001-2003 fiscal biennium, the legislature may transfer from the local leasehold excise tax account to the state general fund such amounts as reflect the interest earnings of the account.
NEW SECTION. Sec. 926. 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. 927. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
On page 1, line 1 of the title, after "matters;" strike the remainder of the title and insert "amending RCW 9.46.100, 28B.50.837, 38.52.105, 38.52.106, 38.52.540, 41.06.150, 43.10.220, 43.30.360, 43.72.900, 43.83B.430, 43.88.030, 43.320.110, 48.02.190, 50.20.190, 51.44.170, 66.08.170, 66.08.235, 67.70.260, 70.146.030, 70.168.040, 79.24.580, 80.01.080, and 82.29A.080; amending 2001 2nd sp.s. c 7 ss 101, 102, 103, 104, 105, 106, 107, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 142, 143, 144, 147, 148, 149, 151, 152, 153, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305, 306, 307, 308, 309, 401, 402, 501, 502, 503, 504, 505, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 519, 521, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 701, 702, 703, 704, 706, 713, 716, 717, 719, 720, 722, 723, 724, 727, 728, 730, 705, 801, and 805 (uncodified); reenacting and amending RCW 50.16.010 and 69.50.520; adding new sections to 2001 2nd sp.s. c 7 (uncodified); making appropriations; and declaring an emergency.", and the same herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
MOTION
Senator Brown moved that the Senate concur in the House amendments to Engrossed Substitute Senate Bill No. 6387.
Debate ensued.
Senator Sheahan demanded a roll call and the demand was sustained.
Further debate ensued.
The President declared the question before the Senate to be the motion by Senator Brown to concur in the House amendments to Engrossed Substitute Senate Bill No. 6387.
ROLL CALL
The Secretary called the roll and the Senate concurred in the House amendments by the following vote: Yeas, 26; Nays, 23; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Winsley - 26.
Voting nay: Senators Benton, Carlson, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 23.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6387, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6387, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 26; Nays, 22; Absent, 1; Excused, 0.
Voting yea: Senators Brown, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Thibaudeau and Winsley - 26.
Voting nay: Senators Carlson, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Sheldon, T., Stevens, Swecker, West and Zarelli - 22.
Absent: Senator Benton - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6387, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Jean Pierre and Kerri Simon, the Senate Chefs, who were seated on the rostrum.
MOTION
At 11:14 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 1:01 p.m. by President Owen.
MOTION
At 1:06 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 1:17 p.m. by President Owen.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Kline, Gubernatorial Appointment No. 9189, Dallas Barnes, as a member of the Human Rights Commission, was confirmed.
APPOINTMENT OF DALLAS BARNES
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 39; Nays, 0; Absent, 10; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Snyder, Stevens, Swecker and Zarelli - 39.
Absent: Senators Deccio, Hale, Hargrove, Jacobsen, Morton, Shin, Spanel, Thibaudeau, West and Winsley - 10.
MOTION
At 1:22 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 1:50 p.m. by President Owen.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Snyder, Gubernatorial Appointment No. 9218, Joel Rupley, as a member of the Forest Practices Appeals Board, was confirmed.
APPOINTMENT OF JOEL RUPLEY
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Absent: Senator McDonald - 1.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
March 14, 2002
MR. PRESIDENT:
The House has passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6140 with the following amendment(s)
Strike everything after the enacting clause and insert the following:
"I. CREATION OF REGIONAL TRANSPORTATION INVESTMENT DISTRICT
NEW SECTION. Sec. 101. FINDINGS. The legislature finds that:
(1) The capacity of many of Washington state's transportation facilities have failed to keep up with the state's growth, particularly in major urban regions;
(2) The state cannot by itself fund, in a timely way, many of the major capacity and other improvements required on highways of statewide significance in the state's largest urbanized area;
(3) Providing a transportation system that provides efficient mobility for persons and freight requires a shared partnership and responsibility between the state, local, and regional governments and the private sector; and
(4) Timely construction and development of significant transportation improvement projects can best be achieved through enhanced funding options for governments at the county and regional levels, using already existing tax authority to address roadway and multimodal needs and new authority for regions to address critical transportation projects of statewide significance.
NEW SECTION. Sec. 102. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the governing body of a regional transportation investment district.
(2) "Department" means the Washington state department of transportation.
(3) "Highway of statewide significance" means an existing or proposed state route or federal interstate designated as a highway of statewide significance by the transportation commission, its successor entity, or the legislature.
(4) "Lead agency" means a public agency that by law can plan, design, and build a transportation project and has been so designated by the district.
(5) "Regional transportation investment district" or "district" means a municipal corporation whose boundaries are coextensive with two or more contiguous counties and that has been created by county legislative authorities and a vote of the people under this chapter to implement a regional transportation investment plan.
(6) "Regional transportation investment district planning committee" or "planning committee" means the advisory committee created under section 103 of this act to create and propose to county legislative authorities a regional transportation investment plan to develop, finance, and construct transportation projects.
(7) "Regional transportation investment plan" or "plan" means a plan to develop, construct, and finance a transportation project or projects.
(8) "Transportation project" means:
(a) A capital improvement or improvements to a highway that has been designated, in whole or in part, as a highway of statewide significance, including an extension, that:
(i) Adds a lane or new lanes to an existing state or federal highway; or
(ii) Repairs or replaces a lane or lanes damaged by an event declared an emergency by the governor before January 1, 2002.
(b) A capital improvement or improvements to all or a portion of a highway of statewide significance, including an extension, and may include the following associated multimodal capital improvements:
(i) Approaches to highways of statewide significance;
(ii) High-occupancy vehicle lanes;
(iii) Flyover ramps;
(iv) Park and ride lots;
(v) Bus pullouts;
(vi) Vans for vanpools;
(vii) Buses; and
(viii) Signalization, ramp metering, and other transportation system management improvements.
(c) A capital improvement or improvements to all or a portion of a city street, county road, or existing highway or the creation of a new highway that intersects with a highway of statewide significance, if all of the following conditions are met:
(i) The project is included in a plan that makes highway improvement projects that add capacity to a highway or highways of statewide significance;
(ii) The secretary of transportation determines that the project would better relieve traffic congestion than investing that same money in adding capacity to a highway of statewide significance;
(iii) Matching money equal to one-third of the total cost of the project is provided by local entities, including but not limited to a metropolitan planning organization, county, city, port, or private entity in which a county participating in a plan is located. Local entities may use federal grants to meet this matching requirement;
(iv) In no case may the cumulative regional transportation investment district contribution to all projects constructed under this subsection (8)(c) exceed ten percent of the revenues generated by the district;
(v) In no case may the cumulative regional transportation investment district contribution to all projects constructed under this subsection (8)(c) exceed one billion dollars; and
(vi) The specific projects are included within the plan and submitted as part of the plan to a vote of the people.
(d) Operations, preservation, and maintenance are excluded from this definition and may not be included in a regional transportation investment plan.
(9) "Weighted vote" means a vote that reflects the population each board or planning committee member represents relative to the population represented by the total membership of the board or planning committee. Population will be determined using the federal 2000 census or subsequent federal census data.
NEW SECTION. Sec. 103. PLANNING COMMITTEE FORMATION. Regional transportation investment district planning committees are advisory entities that are created, convened, and empowered as follows:
(1) A county with a population over one million five hundred thousand persons and any adjoining counties with a population over five hundred thousand persons may create a regional transportation investment district and shall convene a regional transportation investment district planning committee.
(2) The members of the legislative authorities participating in planning under this chapter shall serve as the district planning committee. Members of the planning committee receive no compensation, but may be reimbursed for travel and incidental expenses as the planning committee deems appropriate.
The secretary of transportation, or the appropriate regional administrator of the department, as named by the secretary, shall serve on the committee as a nonvoting member.
(3) A regional transportation investment district planning committee may be entitled to state funding, as appropriated by the legislature, for start-up funding to pay for salaries, expenses, overhead, supplies, and similar expenses ordinarily and necessarily incurred in selecting transportation projects and funding for those transportation projects under this chapter. Upon creation of a regional transportation investment district, the district shall within one year reimburse the state for any sums advanced for these start-up costs from the state.
(4) The planning committee shall conduct its affairs and formulate a regional transportation investment plan as provided under section 104 of this act, except that it shall elect an executive board of seven members to discharge the duties of the planning committee and formulate a regional transportation investment plan, subject to the approval of the full committee.
(5) At its first meeting, a regional transportation investment district planning committee may elect officers and provide for the adoption of rules and other operating procedures.
(6) Governance of and decisions by a regional transportation investment district planning committee must be by a sixty-percent weighted majority vote of the total membership.
(7) The planning committee may dissolve itself at any time by a two-thirds weighted majority vote of the total membership of the planning committee.
NEW SECTION. Sec. 104. PLANNING COMMITTEE DUTIES. (1) A regional transportation investment district planning committee shall adopt a regional transportation investment plan providing for the development, construction, and financing of transportation projects. The planning committee may consider the following factors in formulating its plan:
(a) Land use planning criteria;
(b) The input of cities located within a participating county; and
(c) The input of regional transportation planning organizations in which a participating county is located. A regional transportation planning organization in which a participating county is located shall review its adopted regional transportation plan and submit, for the planning committee's consideration, its list of transportation improvement priorities.
(2) The planning committee may coordinate its activities with the department, which shall provide services, data, and personnel to assist in this planning as desired by the planning committee. In addition, the planning committee may coordinate with affected cities, towns, and other local governments that engage in transportation planning.
(3) The planning committee shall:
(a) Conduct public meetings that are needed to assure active public participation in the development of the plan;
(b) Adopt a plan proposing the creation of a regional transportation investment district and recommending the construction of transportation projects to improve mobility. Operations, maintenance, and preservation of facilities or systems may not be part of the plan; and
(c) Recommend sources of revenue authorized by section 105 of this act and a financing plan to fund selected transportation projects. The overall plan of the district must leverage the district's financial contributions so that the federal, state, local, and other revenue sources continue to fund major congestion relief and transportation capacity improvement projects in the district. A combination of local, state, and federal revenues may be necessary to pay for transportation projects, and the planning committee shall consider all of these revenue sources in developing a plan.
(4) Before adopting the plan, the planning committee, with assistance from the department, shall work with the lead agency to develop accurate cost forecasts for transportation projects. This project costing methodology must be integrated with revenue forecasts in developing the plan and must at a minimum include estimated project costs in constant dollars as well as year of expenditure dollars, the range of project costs reflected by the level of project design, project contingencies, identification of mitigation costs, the range of revenue forecasts, and project and plan cash flow and bond analysis. The plan submitted to the voters must provide cost estimates for each project, including reasonable contingency costs. Plans submitted to the voters must provide that the maximum amount possible of the funds raised will be used to fund projects in the plan, including environmental improvements and mitigation, and that administrative costs be minimized. If actual revenue exceeds actual plan costs, the excess revenues must be used to retire any outstanding debt associated with the plan.
(5) If a county opts not to adopt the plan or participate in the regional transportation investment district, but two or more contiguous counties do choose to continue to participate, then the planning committee may, within ninety days, redefine the regional transportation investment plan and the ballot measure to be submitted to the people to reflect elimination of the county, and submit the redefined plan to the legislative authorities of the remaining counties for their decision as to whether to continue to adopt the redefined plan and participate. This action must be completed within sixty days after receipt of the redefined plan.
(6) Once adopted, the plan must be forwarded to the participating county legislative authorities to initiate the election process under section 107 of this act. The planning committee shall at the same time provide notice to each city and town within the district, the governor, the chairs of the transportation committees of the legislature, the secretary of transportation, and each legislator whose legislative district is partially or wholly within the boundaries of the district.
(7) If the ballot measure is not approved, the planning committee may redefine the selected transportation projects, financing plan, and the ballot measure. The county legislative authorities may approve the new plan and ballot measure, and may then submit the revised proposition to the voters at the next election or a special election. If no ballot measure is approved by the voters by the third vote, the planning committee is dissolved.
NEW SECTION. Sec. 105. TAXES AND FEES. (1) A regional transportation investment district planning committee may, as part of a regional transportation investment plan, recommend the imposition of some or all of the following revenue sources, which a regional transportation investment district may impose upon approval of the voters as provided in this chapter:
(a) A regional sales and use tax, as specified in section 405 of this act, of up to 0.5 percent of the selling price, in the case of a sales tax, or value of the article used, in the case of a use tax, upon the occurrence of any taxable event in the regional transportation investment district;
(b) A local option vehicle license fee, as specified under section 408 of this act, of up to one hundred dollars per vehicle registered in the district. As used in this subsection, "vehicle" means motor vehicle as defined in RCW 46.04.320. Certain classes of vehicles, as defined under chapter 46.04 RCW, may be exempted from this fee;
(c) A parking tax under RCW 82.80.030;
(d) A local motor vehicle excise tax under RCW 81.100.060 and chapter 81.104 RCW;
(e) An employer excise tax under RCW 81.100.030; and
(f) Vehicle tolls on new or reconstructed facilities. Unless otherwise specified by law, the department shall administer the collection of vehicle tolls on designated facilities, and the state transportation commission, or its successor, shall be the tolling authority.
(2) Taxes, fees, and tolls may not be imposed without an affirmative vote of the majority of the voters within the boundaries of the district voting on a ballot proposition as set forth in section 107 of this act. Revenues from these taxes and fees may be used only to implement the plan as set forth in this chapter. A district may contract with the state department of revenue or other appropriate entities for administration and collection of any of the taxes or fees authorized in this section.
(3) Existing statewide motor vehicle fuel and special fuel taxes, at the distribution rates in effect on January 1, 2001, are not intended to be altered by this chapter.
NEW SECTION. Sec. 106. PERFORMANCE CRITERIA FOR REGIONAL TRANSPORTATION PROJECT SELECTION. (1) The planning committee shall consider the following criteria for selecting transportation projects to improve corridor performance:
(a) Reduced level of congestion and improved safety;
(b) Improved travel time;
(c) Improved air quality;
(d) Increases in daily and peak period person and vehicle trip capacity;
(e) Reductions in person and vehicle delay;
(f) Improved freight mobility; and
(g) Cost-effectiveness of the investment.
(2) These criteria represent only minimum standards that must be considered in selecting transportation improvement projects. The board shall also consider rules and standards for benchmarks adopted by the transportation commission or its successor.
NEW SECTION. Sec. 107. SUBMISSION OF PLAN TO THE VOTERS. Two or more contiguous county legislative authorities, upon receipt of the regional transportation investment plan under section 104 of this act, may certify the plan to the ballot, including identification of the tax options necessary to fund the plan. County legislative authorities may draft a ballot title, give notice as required by law for ballot measures, and perform other duties as required to put the plan before the voters of the proposed district for their approval or rejection as a single ballot measure that both approves formation of the district and approves the plan. Counties may negotiate interlocal agreements necessary to implement the plan. The electorate will be the voters voting within the boundaries of the participating counties. A simple majority of the total persons voting on the single ballot measure to approve the plan, establish the district, and approve the taxes and fees is required for approval.
NEW SECTION. Sec. 108. CERTIFICATION OF FORMATION. If the voters approve the plan, including creation of a regional transportation investment district and imposition of taxes and fees, the district will be declared formed. The county election officials of participating counties shall, within fifteen days of the final certification of the election results, publish a notice in a newspaper or newspapers of general circulation in the district declaring the district formed, and mail copies of the notice to the governor, the secretary of transportation, and the executive director of the regional transportation planning organization in which any part of the district is located. A party challenging the procedure or the formation of a voter-approved district must file the challenge in writing by serving the prosecuting attorney of the participating counties and the attorney general within thirty days after the final certification of the election. Failure to challenge within that time forever bars further challenge of the district's valid formation.
NEW SECTION. Sec. 109. BOARD COMPOSITION. (1) The governing board of a district consists of the members of the legislative authority of each member county, acting ex officio and independently. The secretary of transportation or the appropriate regional administrator of the department, as named by the secretary, shall also serve as a nonvoting member of the board. The governing board may elect an executive board of seven members to discharge the duties of the governing board subject to the approval of the full governing board.
(2) A sixty-percent majority of the weighted votes of the total board membership is required to submit to the counties a modified plan under section 114 of this act or any other proposal to be submitted to the voters. The counties, may, with majority vote of each county legislative authority, submit a modified plan or proposal to the voters.
NEW SECTION. Sec. 110. BOARD ORGANIZATION. The board shall adopt rules for the conduct of business. The board shall adopt bylaws to govern district affairs, which may include:
(1) The time and place of regular meetings;
(2) Rules for calling special meetings;
(3) The method of keeping records of proceedings and official acts;
(4) Procedures for the safekeeping and disbursement of funds; and
(5) Any other provisions the board finds necessary to include.
NEW SECTION. Sec. 111. BOARD'S POWERS AND DUTIES. (1) The governing board of the district is responsible for the execution of the voter-approved plan. The board shall:
(a) Impose taxes and fees authorized by district voters;
(b) Enter into agreements with state, local, and regional agencies and departments as necessary to accomplish district purposes and protect the district's investment in transportation projects;
(c) Accept gifts, grants, or other contributions of funds that will support the purposes and programs of the district;
(d) Monitor and audit the progress and execution of transportation projects to protect the investment of the public and annually make public its findings;
(e) Pay for services and enter into leases and contracts, including professional service contracts;
(f) Hire no more than ten employees, including a director or executive officer, a treasurer or financial officer, a project manager or engineer, a project permit coordinator, and clerical staff; and
(g) Exercise other powers and duties as may be reasonable to carry out the purposes of the district.
(2) It is the intent of the legislature that existing staff resources of lead agencies be used in implementing this chapter. A district may coordinate its activities with the department, which shall provide services, data, and personnel to assist as desired by the regional transportation investment district. Lead agencies for transportation projects that are not state facilities shall also provide staff support for the board.
(3) A district may not acquire, hold, or dispose of real property.
(4) A district may not own, operate, or maintain an ongoing facility, road, or transportation system.
(5) A district may accept and expend or use gifts, grants, or donations.
(6) It is the intent of the legislature that administrative and overhead costs of a regional transportation investment district be minimized. For transportation projects costing up to fifty million dollars, administrative and overhead costs may not exceed three percent of the total construction and design project costs per year. For transportation projects costing more than fifty million dollars, administrative and overhead costs may not exceed three percent of the first fifty million dollars in costs, plus an additional one-tenth of one percent of each additional dollar above fifty million. These limitations apply only to the district, and do not limit the administration or expenditures of the department.
(7) A district may use the design-build procedure for transportation projects developed by it. As used in this section "design-build procedure" means a method of contracting under which the district contracts with another party for that party to both design and build the structures, facilities, and other items specified in the contract. The requirements and limitations of RCW 47.20.780 and 47.20.785 do not apply to the transportation projects under this chapter.
NEW SECTION. Sec. 112. TREASURER. The regional transportation investment district, by resolution, shall designate a person having experience in financial or fiscal matters as treasurer of the district. The district may designate the treasurer of a county within which the district is located to act as its treasurer. Such a treasurer has all of the powers, responsibilities, and duties the county treasurer has related to investing surplus funds. The district shall require a bond with a surety company authorized to do business in this state in an amount and under the terms and conditions the district, by resolution, from time to time finds will protect the district against loss. The district shall pay the premium on the bond.
In addition to the account established in section 401 of this act, the treasurer may establish a special account, into which may be paid district funds. The treasurer may disburse district funds only on warrants issued by the district upon orders or vouchers approved by the district.
If the treasurer of the district is the treasurer of a county, all district funds must be deposited with a county depositary under the same restrictions, contracts, and security as provided for county depositaries. If the treasurer of the district is some other person, all funds must be deposited in a bank or banks authorized to do business in this state qualified for insured deposits under any federal deposit insurance act as the district, by resolution, designates.
The district may provide and require a reasonable bond of any other person handling moneys or securities of the district, but the district shall pay the premium on the bond.
NEW SECTION. Sec. 113. DEBT AND BONDING. The district may borrow money, but may not issue any debt of its own for more than two years' duration. A district may issue notes or other evidences of indebtedness with a maturity of not more than two years. A district may, when authorized by the plan, enter into agreements with the state or lead agencies to pledge taxes or other revenues of the district for the purpose of paying in part or whole principal and interest on bonds issued by the lead agency. The contracts pledging revenues and taxes are binding for the term of the agreement, but not to exceed twenty-five years, and no tax pledged by an agreement may be eliminated or modified if it would impair the pledge of the agreement.
NEW SECTION. Sec. 114. TRANSPORTATION PROJECT OR PLAN MODIFICATION--ACCOUNTABILITY. (1) A plan may be modified to change transportation projects or revenue sources if:
(a) Two or more participating counties adopt a resolution to modify the plan; and
(b) The counties submit to the voters in the district a ballot measure that redefines the scope of the plan, its projects, its schedule, its costs, or the revenue sources. If the voters fail to approve the redefined plan, the district shall continue to work on and complete the plan, and the projects in it, that was originally approved by the voters. If the voters approve the redefined plan, the district shall work on and complete the projects under the redefined plan.
(2) If a transportation project cost exceeds its original cost by more than twenty percent as identified in the plan:
(a) The board shall, in coordination with the county legislative authorities, submit to the voters in the district a ballot measure that redefines the scope of the transportation project, its schedule, or its costs. If the voters fail to approve the redefined transportation project, the district shall terminate work on that transportation project, except that the district may take reasonable steps to use, preserve, or connect any improvement already constructed. The remainder of any funds that would otherwise have been expended on the terminated transportation project must first be used to retire any outstanding debt attributable to the plan and then may be used to implement the remainder of the plan.
(b) Alternatively, upon adoption of a resolution by two or more participating counties:
(i) The counties shall submit to the voters in the district a ballot measure that redefines the scope of the plan, its transportation projects, its schedule, or its costs. If the voters fail to approve the redefined plan, the district shall terminate work on that plan, except that the district may take reasonable steps to use, preserve, or connect any improvement already constructed. The remainder of any funds must be used to retire any outstanding debt attributable to the plan; or
(ii) The counties may elect to have the district continue the transportation project without submitting an additional ballot proposal to the voters.
(3) To assure accountability to the public for the timely construction of the transportation improvement project or projects within cost projections, the district shall issue a report, at least annually, to the public and copies of the report to newspapers of record in the district. In the report, the district shall indicate the status of transportation project costs, transportation project expenditures, revenues, and construction schedules. The report may also include progress towards meeting the performance criteria provided under this chapter.
NEW SECTION. Sec. 115. STATE DEPARTMENT OF TRANSPORTATION ROLE. (1) The department shall designate an office or division of dedicated staff and services whose primary responsibility is to coordinate the design, preliminary engineering, permitting, financing, and construction of transportation projects under consideration by a regional transportation investment district planning committee or that are part of a regional transportation investment plan being implemented by a regional transportation investment district.
(2) All of the powers granted the department under Title 47 RCW relating to highway construction may, at the request of a regional transportation investment district, be used to implement a regional transportation investment plan and construct transportation projects.
NEW SECTION. Sec. 116. STATE OWNS IMPROVEMENTS TO STATE FACILITIES. Any improvement to a state facility constructed under this chapter becomes and remains the property of this state.
NEW SECTION. Sec. 117. DISSOLUTION. Within thirty days of the completion of the construction of the transportation project or series of projects forming the regional transportation investment plan, the district shall terminate day-to-day operations and exist solely as a limited entity that oversees the collection of revenue and the payment of debt service or financing still in effect, if any. The district shall accordingly adjust downward its employees, administration, and overhead expenses. Any taxes, fees, or tolls imposed under an approved plan terminate when the financing or debt service on the transportation project or series of transportation projects constructed is completed and paid, thirty days from which point the district shall dissolve itself and cease to exist. If there is no debt outstanding, then the district shall dissolve within thirty days from completion of construction of the transportation project or series of transportation projects forming the regional transportation investment plan. Notice of dissolution must be published in newspapers of general circulation within the district at least three times in a period of thirty days. Creditors must file claims for payment of claims due within thirty days of the last published notice or the claim is extinguished.
NEW SECTION. Sec. 118. OTHER REGIONS. The legislature finds that regional solutions to the state's transportation needs are of paramount concern. The legislature further recognizes that different areas of the state will need the flexibility to fashion local solutions to their transportation problems, and that regional transportation systems may evolve over time. Areas of the state outside of King, Snohomish, and Pierce counties are eligible for grants from the state of no more than two hundred thousand dollars each to study and develop regional transportation models. Regions receiving these grants shall:
(1) Develop a model that can be used within their region to select, fund, and administer regional transportation solutions;
(2) Adopt a county resolution approving the model proposed;
(3) Form interlocal agreements among counties as appropriate;
(4) Report to the transportation committees in the senate and house of representatives, petitioning the legislature to grant them authority to implement their proposed model.
II. JOINT BALLOT WITH RTA
NEW SECTION. Sec. 201. JOINT BALLOT MEASURE. At the option of the planning committee, and with the explicit approval of the regional transit authority, the participating counties may choose to impose any remaining high capacity transportation taxes under chapter 81.104 RCW that have not otherwise been used by a regional transit authority and submit to the voters a common ballot measure that creates the district, approves the regional transportation investment plan, implements the taxes, and implements any remaining high capacity transportation taxes within the boundaries of the regional transportation investment district. Collection and expenditures of any high capacity transportation taxes implemented under this section must be determined by agreement between the participating counties or district and the regional transit authority electing to submit high capacity transportation taxes to the voters under a common ballot measure as provided in this section. If the measure fails, all such unused high capacity transportation taxes revert back to and remain with the regional transit authority. A project constructed with this funding is not considered a "transportation project" under section 102 of this act.
Sec. 202. RCW 81.104.140 and 1992 c 101 s 25 are each amended to read as follows:
(1) Agencies authorized to provide high capacity transportation service, including transit agencies and regional transit authorities, and regional transportation investment districts acting with the agreement of an agency, are hereby granted dedicated funding sources for such systems. These dedicated funding sources, as set forth in RCW 81.104.150, 81.104.160, and 81.104.170, are authorized only for agencies located in (a) each county with a population of two hundred ten thousand or more and (b) each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand except for those counties that do not border a county with a population as described under (a) of this subsection. In any county with a population of one million or more or in any county having a population of four hundred thousand or more bordering a county with a population of one million or more, these funding sources may be imposed only by a regional transit authority or a regional transportation investment district. Regional transportation investment districts may, with the approval of the regional transit authority within its boundaries, impose the taxes authorized under this chapter, but only upon approval of the voters and to the extent that the maximum amount of taxes authorized under this chapter have not been imposed.
(2) Agencies planning to construct and operate a high capacity transportation system should also seek other funds, including federal, state, local, and private sector assistance.
(3) Funding sources should satisfy each of the following criteria to the greatest extent possible:
(a) Acceptability;
(b) Ease of administration;
(c) Equity;
(d) Implementation feasibility;
(e) Revenue reliability; and
(f) Revenue yield.
(4) Agencies participating in regional high capacity transportation system development are authorized to levy and collect the following voter-approved local option funding sources:
(a) Employer tax as provided in RCW 81.104.150, other than by regional transportation investment districts;
(b) Special motor vehicle excise tax as provided in RCW 81.104.160; and
(c) Sales and use tax as provided in RCW 81.104.170.
Revenues from these taxes may be used only to support those purposes prescribed in subsection (10) of this section. Before the date of an election authorizing an agency to impose any of the taxes enumerated in this section and authorized in RCW 81.104.150, 81.104.160, and 81.104.170, the agency must comply with the process prescribed in RCW 81.104.100 (1) and (2) and 81.104.110. No construction on exclusive right of way may occur before the requirements of RCW 81.104.100(3) are met.
(5) Authorization in subsection (4) of this section shall not adversely affect the funding authority of transit agencies not provided for in this chapter. Local option funds may be used to support implementation of interlocal agreements with respect to the establishment of regional high capacity transportation service. Except when a regional transit authority exists, local jurisdictions shall retain control over moneys generated within their boundaries, although funds may be commingled with those generated in other areas for planning, construction, and operation of high capacity transportation systems as set forth in the agreements.
(6) Agencies planning to construct and operate high capacity transportation systems may contract with the state for collection and transference of voter-approved local option revenue.
(7) Dedicated high capacity transportation funding sources authorized in RCW 81.104.150, 81.104.160, and 81.104.170 shall be subject to voter approval by a simple majority. A single ballot proposition may seek approval for one or more of the authorized taxing sources. The ballot title shall reference the document identified in subsection (8) of this section.
(8) Agencies shall provide to the registered voters in the area a document describing the systems plan and the financing plan set forth in RCW 81.104.100. It shall also describe the relationship of the system to regional issues such as development density at station locations and activity centers, and the interrelationship of the system to adopted land use and transportation demand management goals within the region. This document shall be provided to the voters at least twenty days prior to the date of the election.
(9) For any election in which voter approval is sought for a high capacity transportation system plan and financing plan pursuant to RCW 81.104.040, a local voter's pamphlet shall be produced as provided in chapter 29.81A RCW.
(10) Agencies providing high capacity transportation service shall retain responsibility for revenue encumbrance, disbursement, and bonding. Funds may be used for any purpose relating to planning, construction, and operation of high capacity transportation systems and commuter rail systems, personal rapid transit, busways, bus sets, and entrained and linked buses.
III. HIGHWAYS OF STATEWIDE SIGNIFICANCE
Sec. 301. RCW 47.05.021 and 1998 c 245 s 95 and 1998 c 171 s 5 are each reenacted and amended to read as follows:
LEGISLATURE MAY DESIGNATE HIGHWAYS OF STATEWIDE SIGNIFICANCE. (1) The transportation commission is hereby directed to conduct periodic analyses of the entire state highway system, report thereon to the chairs of the transportation committees of the senate and house of representatives, including one copy to the staff of each of the committees, biennially and based thereon, to subdivide, classify, and subclassify according to their function and importance all designated state highways and those added from time to time and periodically review and revise the classifications into the following three functional classes:
(a) The "principal arterial system" shall consist of a connected network of rural arterial routes with appropriate extensions into and through urban areas, including all routes designated as part of the interstate system, which serve corridor movements having travel characteristics indicative of substantial statewide and interstate travel;
(b) The "minor arterial system" shall, in conjunction with the principal arterial system, form a rural network of arterial routes linking cities and other activity centers which generate long distance travel, and, with appropriate extensions into and through urban areas, form an integrated network providing interstate and interregional service; and
(c) The "collector system" shall consist of routes which primarily serve the more important intercounty, intracounty, and intraurban travel corridors, collect traffic from the system of local access roads and convey it to the arterial system, and on which, regardless of traffic volume, the predominant travel distances are shorter than on arterial routes.
(2) In making the functional classification the transportation commission shall adopt and give consideration to criteria consistent with this section and federal regulations relating to the functional classification of highways, including but not limited to the following:
(a) Urban population centers within and without the state stratified and ranked according to size;
(b) Important traffic generating economic activities, including but not limited to recreation, agriculture, government, business, and industry;
(c) Feasibility of the route, including availability of alternate routes within and without the state;
(d) Directness of travel and distance between points of economic importance;
(e) Length of trips;
(f) Character and volume of traffic;
(g) Preferential consideration for multiple service which shall include public transportation;
(h) Reasonable spacing depending upon population density; and
(i) System continuity.
(3) The transportation commission or the legislature shall designate state highways of statewide significance under RCW 47.06.140((, and)). If the commission designates a state highway of statewide significance, it shall submit a list of such facilities for adoption by the ((1999)) legislature. This statewide system shall include at a minimum interstate highways and other statewide principal arterials that are needed to connect major communities across the state and support the state's economy.
(4) The transportation commission shall designate a freight and goods transportation system. This statewide system shall include state highways, county roads, and city streets. The commission, in cooperation with cities and counties, shall review and make recommendations to the legislature regarding policies governing weight restrictions and road closures which affect the transportation of freight and goods.
NEW SECTION. Sec. 302. A new section is added to chapter 47.05 RCW to read as follows:
DESIGNATION OF STATE ROUTE NUMBER 509. The legislature designates that portion of state route number 509 that runs or will run from state route number 518 in the north to the intersection with interstate 5 in the south as a state highway of statewide significance.
NEW SECTION. Sec. 303. A new section is added to chapter 47.05 RCW to read as follows:
DESIGNATION OF HIGHWAYS OF REGIONAL SIGNIFICANCE. Highways of regional significance may receive funding under the conditions of section 102(8)(c) of this act. The following highways are of regional significance:
(1) That portion of state route number 9 that runs from state route number 522 in the south to state route number 531 in the north;
(2) That portion of state route number 524 that runs from state route number 5 easterly to state route number 522;
(3) That portion of state route number 704 from state route number 5 to state route number 7.
NEW SECTION. Sec. 304. A new section is added to chapter 47.17 RCW to read as follows:
DESIGNATION OF CROSS BASE HIGHWAY. A state highway to be known as state route number 704 is established as follows: Beginning at a junction with state route number 5 in south Pierce county, thence easterly across Fort Lewis to a junction with state route number 7.
IV. FINANCE
NEW SECTION. Sec. 401. REGIONAL TRANSPORTATION INVESTMENT DISTRICT ACCOUNT. The regional transportation investment district account is created in the custody of the state treasurer. The purpose of this account is to act as an account into which may be deposited state money, if any, that may be used in conjunction with district money to fund transportation projects. Additionally, the district may deposit funds into this account for disbursement, as appropriate, on transportation projects. Nothing in this section requires any state matching money. All money deposited in the regional transportation investment district account will be used for design, right of way acquisition, capital acquisition, and construction, or for the payment of debt service associated with these activities, for regionally funded transportation projects developed under this chapter. Only the district may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW. An appropriation is not required for expenditures from this account.
Sec. 402. RCW 43.84.092 and 2001 2nd sp.s. c 14 s 608, 2001 c 273 s 6, 2001 c 141 s 3, and 2001 c 80 s 5 are each reenacted and amended to read as follows:
DEPOSIT OF SURPLUS BALANCE INVESTMENT EARNINGS--TREASURY INCOME ACCOUNT--ACCOUNTS AND FUNDS CREDITED. (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the emergency reserve fund, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public health supplemental account, the Puyallup tribal settlement account, the regional transportation investment district account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.
(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
NEW SECTION. Sec. 403. A new section is added to chapter 47.56 RCW to read as follows:
AUTHORIZATION FOR DISTRICT TO IMPOSE TOLLS. Upon approval of a majority of the voters within its boundaries voting on the ballot proposition, and only for the purposes authorized in section 105(1)(f) of this act, a regional transportation investment district may impose vehicle tolls on state routes where improvements financed in whole or in part by a regional transportation investment district add additional lanes to, or reconstruct lanes on, a highway of statewide significance. The department shall administer the collection of vehicle tolls on designated facilities unless otherwise specified in law, and the state transportation commission, or its successor, shall be the tolling authority.
Sec. 404. RCW 47.56.075 and 1984 c 7 s 252 are each amended to read as follows:
DEPARTMENT OF TRANSPORTATION AUTHORIZATION FOR DISTRICT TOLL FACILITIES. The department shall approve for construction only such toll roads as the legislature specifically authorizes or such toll facilities as are specifically sponsored by a regional transportation investment district, city, town, or county.
NEW SECTION. Sec. 405. A new section is added to chapter 82.14 RCW to read as follows:
SALES AND USE TAX. (1) If approved by the majority of the voters within its boundaries voting on the ballot proposition, a regional transportation investment district may impose a sales and use tax of up to 0.5 percent of the selling price or value of the article used in the case of a use tax. The tax authorized by this section is in addition to the tax authorized by RCW 82.14.030 and must be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the taxing district. Motor vehicles are exempt from the sales and use tax imposed under this subsection.
(2) If approved by the majority of the voters within its boundaries voting on the ballot proposition, a regional transportation investment district may impose a tax on the use of a motor vehicle within a regional transportation investment district. The tax applies to those persons who reside within the regional transportation investment district. The rate of the tax may not exceed 0.5 percent of the value of the motor vehicle. The tax authorized by this subsection is in addition to the tax authorized under RCW 82.14.030 and must be imposed and collected at the time a taxable event under RCW 82.08.020(1) or 82.12.020 takes place. All revenue received under this subsection must be deposited in the local sales and use tax account and distributed to the regional transportation investment district according to RCW 82.14.050. The following provisions apply to the use tax in this subsection:
(a) Where persons are taxable under chapter 82.08 RCW, the seller shall collect the use tax from the buyer using the collection provisions of RCW 82.08.050.
(b) Where persons are taxable under chapter 82.12 RCW, the use tax must be collected using the provisions of RCW 82.12.045.
(c) "Motor vehicle" has the meaning provided in RCW 46.04.320, but does not include farm tractors or farm vehicles as defined in RCW 46.04.180 and 46.04.181, off-road and nonhighway vehicles as defined in RCW 46.09.020, and snowmobiles as defined in RCW 46.10.010.
(d) "Person" has the meaning given in RCW 82.04.030.
(e) The value of a motor vehicle must be determined under RCW 82.12.010.
(f) Except as specifically stated in this subsection (2), chapters 82.12 and 82.32 RCW apply to the use tax. The use tax is a local tax imposed under the authority of chapter 82.14 RCW, and chapter 82.14 RCW applies fully to the use tax.
Sec. 406. RCW 82.14.050 and 1999 c 165 s 14 are each amended to read as follows:
CONTRACTS FOR COLLECTION OF SALES AND USE TAX. The counties, cities, and transportation authorities under RCW 82.14.045 ((and)), public facilities districts under chapters 36.100 and 35.57 RCW, and regional transportation investment districts shall contract, prior to the effective date of a resolution or ordinance imposing a sales and use tax, the administration and collection to the state department of revenue, which shall deduct a percentage amount, as provided by contract, not to exceed two percent of the taxes collected for administration and collection expenses incurred by the department. The remainder of any portion of any tax authorized by this chapter ((which)) that is collected by the department of revenue shall be deposited by the state department of revenue in the local sales and use tax account hereby created in the state treasury. Moneys in the local sales and use tax account may be spent only for distribution to counties, cities, transportation authorities, ((and)) public facilities districts, and regional transportation investment districts imposing a sales and use tax. All administrative provisions in chapters 82.03, 82.08, 82.12, and 82.32 RCW, as they now exist or may hereafter be amended, shall, insofar as they are applicable to state sales and use taxes, be applicable to taxes imposed pursuant to this chapter. Except as provided in RCW 43.08.190, all earnings of investments of balances in the local sales and use tax account shall be credited to the local sales and use tax account and distributed to the counties, cities, transportation authorities, ((and)) public facilities districts, and regional transportation investment districts monthly.
NEW SECTION. Sec. 407. A new section is added to chapter 82.32 RCW to read as follows:
TRANSFER OF SALES TAX ON TOLL PROJECTS. (1) The tax imposed and collected under chapters 82.08 and 82.12 RCW, less any credits allowed under chapter 82.14 RCW, on initial construction for a transportation project to be constructed under chapter 36.-- RCW (sections 101 through 118, 201, and 401 of this act), must be transferred to the transportation project to defray costs or pay debt service on that transportation project. In the case of a toll project, this transfer or credit must be used to lower the overall cost of the project and thereby the corresponding tolls.
(2) This transaction is exempt from the requirements in RCW 43.135.035(4).
(3) Government entities constructing transportation projects under chapter 36.-- RCW (sections 101 through 118, 201, and 401 of this act) shall report to the department the amount of state sales or use tax covered under this section.
NEW SECTION. Sec. 408. A new section is added to chapter 82.80 RCW to read as follows:
LOCAL OPTION VEHICLE LICENSE FEE. (1) Upon approval of a majority of the voters within its boundaries voting on the ballot proposition, a regional transportation investment district may set and impose an annual local option vehicle license fee, or a schedule of fees based upon the age of the vehicle, of up to one hundred dollars per motor vehicle registered within the boundaries of the region on every motor vehicle. As used in this section "motor vehicle" has the meaning provided in RCW 46.04.320, but does not include farm tractors or farm vehicles as defined in RCW 46.04.180 and 46.04.181, off-road and nonhighway vehicles as defined in RCW 46.09.020, and snowmobiles as defined in RCW 46.10.010. Vehicles registered under chapter 46.87 RCW and the International Registration Plan are exempt from the annual local option vehicle license fee set forth in this section. The department of licensing shall administer and collect this fee on behalf of regional transportation investment districts and remit this fee to the custody of the state treasurer for monthly distribution under RCW 82.80.080.
(2) The local option vehicle license fee applies only when renewing a vehicle registration, and is effective upon the registration renewal date as provided by the department of licensing.
(3) A regional transportation investment district imposing the local option vehicle license fee or initiating an exemption process shall enter into a contract with the department of licensing. The contract must contain provisions that fully recover the costs to the department of licensing for collection and administration of the fee.
(4) A regional transportation investment district imposing the local option fee shall delay the effective date of the local option vehicle license fee imposed by this section at least six months from the date of the final certification of the approval election to allow the department of licensing to implement the administration and collection of or exemption from the fee.
Sec. 409. RCW 81.100.010 and 1990 c 43 s 12 are each amended to read as follows:
DISTRICT AUTHORITY TO IMPOSE HIGH-OCCUPANCY VEHICLE TAXES. The need for mobility, growing travel demand, and increasing traffic congestion in urban areas necessitate accelerated development and increased utilization of the high-occupancy vehicle system. RCW 81.100.030 and 81.100.060 provide taxing authority that counties or regional transportation investment districts can use in the near term to accelerate development and increase utilization of the high-occupancy vehicle system by supplementing available federal, state, and local funds.
Sec. 410. RCW 81.100.030 and 1991 c 363 s 153 are each amended to read as follows:
DISTRICT AUTHORITY TO IMPOSE HIGH-OCCUPANCY VEHICLE EMPLOYER TAX. (1) A county with a population of one million or more, or a county with a population of from two hundred ten thousand to less than one million that is adjoining a county with a population of one million or more, and having within its boundaries existing or planned high-occupancy vehicle lanes on the state highway system, or a regional transportation investment district for capital improvements, but only to the extent that the tax has not already been imposed by the county, may, with voter approval impose an excise tax of up to two dollars per employee per month on all employers or any class or classes of employers, public and private, including the state located in the agency's jurisdiction, measured by the number of full-time equivalent employees. In no event may the total taxes imposed under this section exceed two dollars per employee per month for any single employer. The county or investment district imposing the tax authorized in this section may provide for exemptions from the tax to such educational, cultural, health, charitable, or religious organizations as it deems appropriate.
Counties or investment districts may contract with the state department of revenue or other appropriate entities for administration and collection of the tax. Such contract shall provide for deduction of an amount for administration and collection expenses.
(2) The tax shall not apply to employment of a person when the employer has paid for at least half of the cost of a transit pass issued by a transit agency for that employee, valid for the period for which the tax would otherwise be owed.
(3) A county or investment district shall adopt rules ((which)) that exempt from all or a portion of the tax any employer that has entered into an agreement with the county or investment district that is designed to reduce the proportion of employees who drive in single-occupant vehicles during peak commuting periods in proportion to the degree that the agreement is designed to meet the goals for the employer's location adopted under RCW 81.100.040.
The agreement shall include a list of specific actions that the employer will undertake to be entitled to the exemption. Employers having an exemption from all or part of the tax through this subsection shall annually certify to the county or investment district that the employer is fulfilling the terms of the agreement. The exemption continues as long as the employer is in compliance with the agreement.
If the tax authorized in RCW 81.100.060 is also imposed ((by the county)), the total proceeds from both tax sources each year shall not exceed the maximum amount which could be collected under RCW 81.100.060.
Sec. 411. RCW 81.100.060 and 1998 c 321 s 34 are each amended to read as follows:
DISTRICT AUTHORITY TO IMPOSE HIGH-OCCUPANCY VEHICLE MOTOR VEHICLE EXCISE TAX. A county with a population of one million or more and a county with a population of from two hundred ten thousand to less than one million that is adjoining a county with a population of one million or more, having within their boundaries existing or planned high-occupancy vehicle lanes on the state highway system, or a regional transportation investment district for capital improvements, but only to the extent that the surcharge has not already been imposed by the county, may, with voter approval, impose a local surcharge of not more than ((13.64 percent on the state motor vehicle excise tax paid under RCW 82.44.020(1))) three-tenths of one percent of the value on vehicles registered to a person residing within the county and not more than 13.64 percent on the state sales and use taxes paid under the rate in RCW 82.08.020(2) on retail car rentals within the county or investment district. A county may impose the surcharge only to the extent that it has not been imposed by the district. No surcharge may be imposed on vehicles licensed under RCW 46.16.070 except vehicles with an unladen weight of six thousand pounds or less, RCW 46.16.079, 46.16.085, or 46.16.090.
Counties or investment districts imposing a tax under this section shall contract, before the effective date of the resolution or ordinance imposing a surcharge, administration and collection to the state department of licensing, and department of revenue, as appropriate, which shall deduct an amount, as provided by contract, for administration and collection expenses incurred by the department. All administrative provisions in chapters 82.03, 82.32, and 82.44 RCW shall, insofar as they are applicable to ((state)) motor vehicle excise taxes, be applicable to surcharges imposed under this section. All administrative provisions in chapters 82.03, 82.08, 82.12, and 82.32 RCW shall, insofar as they are applicable to state sales and use taxes, be applicable to surcharges imposed under this section.
If the tax authorized in RCW 81.100.030 is also imposed ((by the county)), the total proceeds from tax sources imposed under this section and RCW 81.100.030 each year shall not exceed the maximum amount which could be collected under this section.
Sec. 412. RCW 82.80.030 and 1990 c 42 s 208 are each amended to read as follows:
DISTRICT AUTHORITY TO IMPOSE PARKING TAX. (1) Subject to the conditions of this section, the legislative authority of a county ((or)), city, or district may fix and impose a parking tax on all persons engaged in a commercial parking business within its respective jurisdiction. A city or county may impose the tax only to the extent that it has not been imposed by the district, and a district may impose the tax only to the extent that it has not been imposed by a city or county. The jurisdiction of a county, for purposes of this section, includes only the unincorporated area of the county. The jurisdiction of a city, or district includes only the area within its ((incorporated)) boundaries.
(2) In lieu of the tax in subsection (1) of this section, a city ((or)), a county in its unincorporated area, or a district may fix and impose a tax for the act or privilege of parking a motor vehicle in a facility operated by a commercial parking business.
The city ((or)), county, or district may provide that:
(a) The tax is paid by the operator or owner of the motor vehicle;
(b) The tax applies to all parking for which a fee is paid, whether paid or leased, including parking supplied with a lease of nonresidential space;
(c) The tax is collected by the operator of the facility and remitted to the city ((or)), county, or district;
(d) The tax is a fee per vehicle or is measured by the parking charge;
(e) The tax rate varies with zoning or location of the facility, the duration of the parking, the time of entry or exit, the type or use of the vehicle, or other reasonable factors; and
(f) Tax exempt carpools, vehicles with handicapped decals, or government vehicles are exempt from the tax.
(3) "Commercial parking business" as used in this section, means the ownership, lease, operation, or management of a commercial parking lot in which fees are charged. "Commercial parking lot" means a covered or uncovered area with stalls for the purpose of parking motor vehicles.
(4) The rate of the tax under subsection (1) of this section may be based either upon gross proceeds or the number of vehicle stalls available for commercial parking use. The rates charged must be uniform for the same class or type of commercial parking business.
(5) The county ((or)), city, or district levying the tax provided for in subsection (1) or (2) of this section may provide for its payment on a monthly, quarterly, or annual basis. Each local government may develop by ordinance or resolution rules for administering the tax, including provisions for reporting by commercial parking businesses, collection, and enforcement.
(6) The proceeds of the commercial parking tax fixed and imposed by a city or county under subsection (1) or (2) of this section shall be used strictly for transportation purposes in accordance with RCW 82.80.070. The proceeds of the parking tax imposed by a district must be used as provided in chapter 36.-- RCW (sections 101 through 118, 201, and 401 of this act).
Sec. 413. RCW 82.80.070 and 1991 c 141 s 4 are each amended to read as follows:
REQUIRES THAT LOCAL OPTION TAXES IMPOSED BY DISTRICT BE USED FOR DISTRICT TRANSPORTATION PROJECTS. (1) The proceeds collected pursuant to the exercise of the local option authority of RCW 82.80.010, 82.80.020, 82.80.030, and 82.80.050 (hereafter called "local option transportation revenues") shall be used for transportation purposes only, including but not limited to the following: The operation and preservation of roads, streets, and other transportation improvements; new construction, reconstruction, and expansion of city streets, county roads, and state highways and other transportation improvements; development and implementation of public transportation and high-capacity transit improvements and programs; and planning, design, and acquisition of right of way and sites for such transportation purposes. The proceeds collected from excise taxes on the sale, distribution, or use of motor vehicle fuel and special fuel under RCW 82.80.010 shall be used exclusively for "highway purposes" as that term is construed in Article II, section 40 of the state Constitution.
(2) The local option transportation revenues shall be expended for transportation uses consistent with the adopted transportation and land use plans of the jurisdiction expending the funds and consistent with any applicable and adopted regional transportation plan for metropolitan planning areas.
(3) Each local government with a population greater than eight thousand that levies or expends local option transportation funds, is also required to develop and adopt a specific transportation program that contains the following elements:
(a) The program shall identify the geographic boundaries of the entire area or areas within which local option transportation revenues will be levied and expended.
(b) The program shall be based on an adopted transportation plan for the geographic areas covered and shall identify the proposed operation and construction of transportation improvements and services in the designated plan area intended to be funded in whole or in part by local option transportation revenues and shall identify the annual costs applicable to the program.
(c) The program shall indicate how the local transportation plan is coordinated with applicable transportation plans for the region and for adjacent jurisdictions.
(d) The program shall include at least a six-year funding plan, updated annually, identifying the specific public and private sources and amounts of revenue necessary to fund the program. The program shall include a proposed schedule for construction of projects and expenditure of revenues. The funding plan shall consider the additional local tax revenue estimated to be generated by new development within the plan area if all or a portion of the additional revenue is proposed to be earmarked as future appropriations for transportation improvements in the program.
(4) Local governments with a population greater than eight thousand exercising the authority for local option transportation funds shall periodically review and update their transportation program to ensure that it is consistent with applicable local and regional transportation and land use plans and within the means of estimated public and private revenue available.
(5) In the case of expenditure for new or expanded transportation facilities, improvements, and services, priorities in the use of local option transportation revenues shall be identified in the transportation program and expenditures shall be made based upon the following criteria, which are stated in descending order of weight to be attributed:
(a) First, the project serves a multijurisdictional function;
(b) Second, it is necessitated by existing or reasonably foreseeable congestion;
(c) Third, it has the greatest person-carrying capacity;
(d) Fourth, it is partially funded by other government funds, such as from the state transportation improvement board, or by private sector contributions, such as those from the local transportation act, chapter 39.92 RCW; and
(e) Fifth, it meets such other criteria as the local government determines is appropriate.
(6) It is the intent of the legislature that as a condition of levying, receiving, and expending local option transportation revenues, no local government agency use the revenues to replace, divert, or loan any revenues currently being used for transportation purposes to nontransportation purposes. The association of Washington cities and the Washington state association of counties, in consultation with the legislative transportation committee, shall study G10the issue of nondiversion and make recommendations to the legislative transportation committee for language implementing the intent of this section by December 1, 1990.
(7) Local governments are encouraged to enter into interlocal agreements to jointly develop and adopt with other local governments the transportation programs required by this section for the purpose of accomplishing regional transportation planning and development.
(8) Local governments may use all or a part of the local option transportation revenues for the amortization of local government general obligation and revenue bonds issued for transportation purposes consistent with the requirements of this section.
(9) Subsections (1) through (8) of this section do not apply to a regional transportation investment district imposing a tax or fee under the local option authority of this chapter. Proceeds collected under the exercise of local option authority under this chapter by a district must be used in accordance with chapter 36.-- RCW (sections 101 through 118, 201, and 401 of this act).
Sec. 414. RCW 82.80.080 and 1998 c 281 s 2 are each amended to read as follows:
LOCAL OPTION TAX REVENUE DISTRIBUTION. (1) The state treasurer shall distribute revenues, less authorized deductions, generated by the local option taxes authorized in RCW 82.80.010 and 82.80.020, levied by counties to the levying counties, and cities contained in those counties, based on the relative per capita population. County population for purposes of this section is equal to one and one-half of the unincorporated population of the county. In calculating the distributions, the state treasurer shall use the population estimates prepared by the state office of financial management and shall further calculate the distribution based on information supplied by the departments of licensing and revenue, as appropriate.
(2) The state treasurer shall distribute revenues, less authorized deductions, generated by the local option taxes authorized in RCW 82.80.010 and 82.80.020 levied by qualifying cities and towns to the levying cities and towns.
(3) The state treasurer shall distribute to the district revenues, less authorized deductions, generated by the local option taxes under RCW 82.80.010 or fees under section 408 of this act levied by a district.
NEW SECTION. Sec. 415. A new section is added to chapter 82.80 RCW to read as follows:
DISTRICT DEFINED FOR LOCAL TAXES. For the purposes of this chapter, "district" means a regional transportation investment district created under chapter 36.-- RCW (sections 101 through 118, 201, and 401 of this act).
V. OTHER PROVISIONS
NEW SECTION. Sec. 501. CAPTIONS AND SUBHEADINGS. Captions and subheadings used in this act are not part of the law.
NEW SECTION. Sec. 502. CODIFICATION. Sections 101 through 118, 201, and 401 of this act constitute a new chapter in Title 36 RCW.
NEW SECTION. Sec. 503. SEVERABILITY. 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. 504. NULL AND VOID. This act is null and void if a transportation revenue act containing new or additional revenue does not become law by December 31, 2002."
On page 1, line 2 of the title, after "districts;" strike the remainder of the title and insert "amending RCW 81.104.140, 47.56.075, 82.14.050, 81.100.010, 81.100.030, 81.100.060, 82.80.030, 82.80.070, and 82.80.080; reenacting and amending RCW 47.05.021 and 43.84.092; adding new sections to chapter 47.05 RCW; adding a new section to chapter 47.17 RCW; adding a new section to chapter 47.56 RCW; adding a new section to chapter 82.14 RCW; adding a new section to chapter 82.32 RCW; adding new sections to chapter 82.80 RCW; adding a new chapter to Title 36 RCW; and creating new sections.", and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
MOTION
Senator Haugen moved that the Senate concur in the House amendments to Engrossed Second Substitute Senate Bill No. 6140.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Haugen that the Senate concur in the House amendments to Engrossed Second Substitute Senate Bill No. 6140.
The motion by Senator Haugen carried and the Senate concurred in the House amendments to Engrossed Second Substitute Senate Bill No. 6140.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6140, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6140, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 34; Nays, 14; Absent, 1; Excused, 0.
Voting yea: Senators Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Horn, Johnson, Kastama, Keiser, Long, McAuliffe, McCaslin, McDonald, Morton, Parlette, Prentice, Rasmussen, Rossi, Sheahan, Shin, Snyder, Spanel, Swecker, West, Winsley and Zarelli - 34.
Voting nay: Senators Benton, Fraser, Honeyford, Jacobsen, Kline, Kohl-Welles, Oke, Poulsen, Regala, Roach, Sheldon, B., Sheldon, T., Stevens and Thibaudeau - 14.
Absent: Senator Deccio - 1.
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6140, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Snyder, the Senate advanced to the sixth order of business.
SECOND READING
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2969, House Committee on Transportation (originally sponsored by Representative Fisher)
Addressing transportation improvement and financing.
MOTION
On motion of Senator Haugen, the following Committee on Transportation striking amendment was not adopted:
Strike everything after the enacting clause and insert the following:
"PART I - ACCOUNTABILITY FOR TRANSPORTATION PROJECTS AND PROGRAMS
NEW SECTION. Sec. 101. It is essential that the legislature improve the accountability and efficiency of the department of transportation. Taxpayers must know that their tax dollars are being well spent to deliver critically needed transportation projects. To accomplish this, a legislative transportation accountability committee must be established to provide oversight on transportation projects. The legislative transportation accountability committee will replace and assume the duties and responsibilities of the legislative transportation committee and, additionally, report to the public on how tax dollars are spent on projects funded by new transportation taxes under this act.
NEW SECTION. Sec. 102. In addition to the legislative transportation accountability committee's other responsibilities under this chapter, the committee has the following responsibilities:
(1) Direct the department of transportation to submit a transportation accountability audit report as required under section 103 of this act;
(2) Report annually to the governor and the legislature on the department's progress on each project as further defined in section 103 of this act;
(3) When necessary, make policy recommendations for improving efficiencies, savings or improvements in the department's project management, accountability measures, or project delivery mechanisms; and
(4) Recommend any leading edge transportation project delivery strategies, oversight, accountability, or efficiency measures.
NEW SECTION. Sec. 103. The department of transportation shall prepare and submit to the transportation commission twice each year a comprehensive audit report on each transportation project funded by this act. The report shall be known as the "transportation accountability audit." At a minimum, the report must include the following elements:
(1) Project status and any scope changes;
(2) Estimated completion date and cost, noting any changes from past estimates;
(3) Actual project expenditures as compared with projected expenditures;
(4) Any changes in financing for each project;
(5) Claim or change orders that result in greater than a five percent cumulative increase in project cost, or greater than sixty days of delay;
(6) Status of any required permits;
(7) Mitigation efforts to relieve both traffic and environmental impacts;
(8) Evaluation of work force effectiveness, including both state employees and contractors;
(9) Outlook for the upcoming year, including projected accomplishments and challenges;
(10) Copies of any accountability reports filed with the federal highway administration; and
(11) Any other useful information the committee or commission requests.
NEW SECTION. Sec. 104. The transportation commission must review the proposed transportation accountability audit submitted by the department. After reviewing the information contained therein, the commission may request additional information or data, or ask for clarifications. The commission is prohibited from changing any of the data contained in the audit report.
After conducting its review, the commission must forward the transportation accountability audit to the legislative transportation accountability committee.
NEW SECTION. Sec. 105. (1) Upon completion of its review under section 104 of this act, the transportation commission shall forward the transportation accountability audit to the legislative transportation accountability committee. The legislative transportation accountability committee will take appropriate action.
(a) In determining appropriate action, the committee:
(i) Will analyze, investigate, and evaluate the data contained in the audit report;
(ii) May retain planners, consultants, and other technical personnel to assist in the audit review process; and
(iii) May request additional information or data from the department of transportation.
(b) As part of the evaluation process, the committee may make recommendations to the department and the transportation commission for efficiencies, savings, or improvements in the department's project management, accountability measures, or project delivery mechanisms. The legislative transportation accountability committee chair will work with the department and the transportation commission on behalf of the committee to implement changes recommended by the committee.
(2) After reviewing the report, the committee must forward the transportation accountability audit to the office of financial management, along with any recommendations the committee makes pursuant to section 102 of this act.
(3) The committee must publish and make the transportation accountability audit report available to the public in both print and electronic media.
(4) In addition to its regular staff, the committee may retain planners, consultants, and other technical personnel to advise it in the performance of its duties, assist in the review of the transportation accountability audit, and to assist in other audits initiated by the committee.
NEW SECTION. Sec. 106. Sections 101 through 105 of this act are each added to chapter 44.40 RCW.
Sec. 107. RCW 44.40.010 and 1999 sp.s. c 1 s 616 are each amended to read as follows:
The joint fact-finding committee on highways, streets, and bridges originally created by chapter 111, Laws of 1947, recreated and renamed the joint committee on highways by chapter 3, Laws of 1963 extraordinary session, recreated and renamed the legislative transportation committee by chapter 87, Laws of 1980, is hereby recreated and renamed the legislative transportation accountability committee. The renaming of said committee shall not affect any powers invested in it or its duties imposed upon it by any other statute. All appropriations made to the committee under its former name shall continue to be available to said committee as renamed, the legislative transportation accountability committee. The committee shall consist of twelve senators to be appointed by the president of the senate and twelve members of the house of representatives to be appointed by the speaker thereof. Not more than six members from each house may be from the same political party. A list of appointees shall be submitted before the close of each regular legislative session during an odd-numbered year or any successive special session convened by the governor or the legislature prior to the close of such regular session or successive special session(s) for confirmation of senate members, by the senate, and house members, by the house. Vacancies occurring shall be filled by the appointing authority. All vacancies must be filled from the same political party and from the same house as the member whose seat was vacated.
((On May 27, 1999, the president of the senate shall appoint an additional senate member as provided by the 1999 amendment of this section. With the appointment of the additional member, the terms of officers elected before May 27, 1999, are terminated, and the committee shall hold a new election of officers.))
The committee shall adopt rules and procedures for its orderly operation.
Sec. 108. RCW 44.40.013 and 2001 c 259 s 5 are each amended to read as follows:
The administration of the legislative transportation accountability committee is subject to RCW 44.04.260.
Sec. 109. RCW 44.40.015 and 2001 c 259 s 6 are each amended to read as follows:
The members of the legislative transportation accountability committee shall form an executive committee consisting of two members from each of the four major political caucuses, which will include the chair and vice-chair of the legislative transportation accountability committee. There will be four alternates to the executive committee, one from each of the four major political caucuses. Each alternate may represent a member from the same political caucus from which they were chosen when that member is absent, and have voting privileges during that absence.
Subject to RCW 44.04.260, the executive committee is responsible for performing all general administrative and personnel duties assigned to it in the rules and procedures adopted by the committee, determining the number of legislative transportation accountability committee staff, and other duties delegated to it by the committee. Except when those responsibilities are assumed by the legislative transportation accountability committee, and subject to RCW 44.04.260, the executive committee is responsible for adopting interim work plans and meeting schedules, approving all contracts signed on behalf of the committee, and setting policies for legislative transportation accountability committee staff utilization.
Sec. 110. RCW 44.40.020 and 1996 c 129 s 9 are each amended to read as follows:
(1) The committee is authorized and directed to continue its studies and for that purpose shall have the powers set forth in chapter 111, Laws of 1947. The committee is further authorized to make studies related to bills assigned to the house and senate transportation committees and such other studies as provided by law. The executive committee of the committee may assign responsibility for all or part of the conduct of studies to the house and/or senate transportation committees.
(2) The committee may review and approve franchise agreements entered into by the department of transportation under RCW ((43.51.113)) 79A.05.125.
Sec. 111. RCW 44.40.025 and 1996 c 288 s 49 are each amended to read as follows:
In addition to the powers and duties authorized in RCW 44.40.020, the committee and the standing committees on transportation of the house and senate shall, in coordination with the joint legislative audit and review committee, the legislative evaluation and accountability program committee, and the ways and means committees of the senate and house of representatives, ascertain, study, and/or analyze all available facts and matters relating or pertaining to sources of revenue, appropriations, expenditures, and financial condition of the motor vehicle fund and accounts thereof, the highway safety fund, and all other funds or accounts related to transportation programs of the state.
The joint legislative audit and review committee, the legislative evaluation and accountability program committee, and the ways and means committees of the senate and house of representatives shall coordinate their activities with the legislative transportation accountability committee in carrying out the committees' powers and duties under chapter 43.88 RCW in matters relating to the transportation programs of the state.
Sec. 112. RCW 44.40.030 and 1982 c 227 s 17 are each amended to read as follows:
In addition to the powers and duties heretofore conferred upon it, the legislative transportation accountability committee may participate in: (1) The activities of committees of the council of state governments concerned with transportation activities; (2) activities of the national committee on uniform traffic laws and ordinances; (3) any interstate reciprocity or proration meetings designated by the department of licensing; and (4) such other organizations as it deems necessary and appropriate.
Sec. 113. RCW 44.40.040 and 2001 c 259 s 7 are each amended to read as follows:
The members of the legislative transportation accountability committee and the house and senate transportation committees shall receive allowances while attending meetings of the committees or subcommittees and while engaged in other authorized business of the committees as provided in RCW 44.04.120. Subject to RCW 44.04.260, all expenses incurred by the committee, and the house and senate transportation committees, including salaries of employees of the legislative transportation accountability committee, shall be paid upon voucher forms as provided by the office of financial management and signed by the chairman or vice chairman or authorized designee of the chairman of the committee, and the authority of said chairman or vice chairman to sign vouchers shall continue until their successors are selected. Vouchers may be drawn upon funds appropriated for the expenses of the committee.
Sec. 114. RCW 44.40.070 and 1998 c 245 s 87 are each amended to read as follows:
Prior to October 1st of each even-numbered year all state agencies whose major programs consist of transportation activities, including the department of transportation, the transportation improvement board, the Washington state patrol, the department of licensing, the traffic safety commission, the county road administration board, and the board of pilotage commissioners, shall adopt or revise, after consultation with the legislative transportation accountability committee, a comprehensive six-year program and financial plan for all transportation activities under each agency's jurisdiction.
The comprehensive six-year program and financial plan shall state the general objectives and needs of each agency's major transportation programs, including workload and performance estimates.
Sec. 115. RCW 44.40.090 and 2001 c 259 s 8 are each amended to read as follows:
Subject to RCW 44.04.260, powers and duties enumerated by this chapter shall be delegated to the senate and house transportation committees during periods when the legislative transportation accountability committee is not appointed.
Sec. 116. RCW 44.40.100 and 2001 c 259 s 9 are each amended to read as follows:
Subject to RCW 44.04.260, the legislative transportation accountability committee and the senate and house transportation committees may enter into contracts on behalf of the state to carry out the purposes of this chapter; and it or they may act for the state in the initiation of or participation in any multigovernmental program relative to transportation planning or programming; and it or they may enter into contracts to receive federal or other funds, grants, or gifts to carry out said purposes and to be used in preference to or in combination with state funds. When federal or other funds are received, they shall be deposited with the state treasurer and thereafter expended only upon approval by the committee or committees.
Sec. 117. RCW 44.40.140 and 1983 c 212 s 2 are each amended to read as follows:
Prior to the start of each regular legislative session in an odd-numbered year, the legislative transportation accountability committee shall review the policy of the state concerning fees imposed on nonpolluting fuels under RCW 82.38.075, and shall report its findings and recommendations for change, if any, to the legislature.
Sec. 118. RCW 44.40.150 and 1998 c 245 s 88 are each amended to read as follows:
(1) The legislative transportation accountability committee shall undertake a study and develop recommendations for legislative and executive consideration that will:
(a) Increase the efficiency and effectiveness of state transportation programs and reduce costs;
(b) Enhance the accountability and organizational soundness of all transportation modes;
(c) Encourage better communication between local jurisdictions and the department of transportation in developing engineering plans and subsequent construction projects;
(d) Encourage private sector support and financial participation in project development and construction of transportation projects;
(e) Develop long-range goals that reflect changing technology and state-of-the-art advancements in transportation;
119. (f) Explore alternatives for the establishment of an integrated and balanced multimodal statewide transportation system to meet the needs of the 21st century; and (g) Explore ways to reduce the demand on the transportation system and more effectively use the existing system.
The committee may study other transportation needs and problems and make further recommendations.
(2) The office of financial management and the department of transportation shall provide staff support as required by the legislative transportation accountability committee in developing the recommendations. To the extent permitted by law, all agencies of the state shall cooperate fully with the legislative transportation accountability committee in carrying out its duties under this section.
(3) The legislative transportation accountability committee may receive and expend gifts, grants, and endowments from private sector sources to carry out the purpose of this section.
PART II - LICENSE FEES
Sec. 201. RCW 46.16.0621 and 2000 1st sp.s. c 1 s 1 are each amended to read as follows:
(1) License tab fees shall be thirty dollars per year for motor vehicles, regardless of year, value, make, or model, beginning January 1, 2000.(2) For the purposes of this section, "license tab fees" are defined as the general fees paid annually for licensing motor vehicles, including cars, sport utility vehicles, and motorcycles((, and motor homes)).
NEW SECTION. Sec. 202. A new section is added to chapter 46.04 RCW to read as follows:
"Gross weight portion of the current combined licensing fees" means the amounts listed in RCW 46.16.070, Schedule A, less twenty-five dollars and seventy-five cents, and the amounts listed in Schedule B, less twenty-five dollars and seventy-five cents and less an additional ninety dollars if the requested gross weight is over forty thousand pounds.
Sec. 203. RCW 46.16.070 and 1994 c 262 s 8 are each amended to read as follows:
(1) In lieu of all other vehicle licensing fees, unless specifically exempt, and in addition to ((the excise tax prescribed in chapter 82.44 RCW and)) the mileage fees prescribed for buses and stages in RCW 46.16.125, there shall be paid and collected annually for each truck, motor truck, truck tractor, road tractor, tractor, bus, auto stage, motor home, or for hire vehicle with seating capacity of more than six, based upon the declared combined gross weight or declared gross weight ((thereof pursuant to the provisions of)) under chapter 46.44 RCW, the following licensing fees by such gross weight:
DECLARED GROSS WEIGHT SCHEDULE A SCHEDULE B
4,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 37.00. . . . . . . . . . . . . . $ 37.00
6,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 44.00. . . . . . . . . . . . . . $ 44.00
8,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 55.00. . . . . . . . . . . . . . $ 55.00
10,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 62.00. . . . . . . . . . . . . . $ 62.00
12,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 72.00. . . . . . . . . . . . . . $ 72.00
14,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 82.00. . . . . . . . . . . . . . $ 82.00
16,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 92.00. . . . . . . . . . . . . . $ 92.00
18,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 137.00. . . . . . . . . . . . . . $ 137.00
20,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 152.00. . . . . . . . . . . . . . $ 152.00
22,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 164.00. . . . . . . . . . . . . . $ 164.00
24,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 177.00. . . . . . . . . . . . . . $ 177.00
26,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 187.00. . . . . . . . . . . . . . $ 187.00
28,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 220.00. . . . . . . . . . . . . . $ 220.00
30,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 253.00. . . . . . . . . . . . . . $ 253.00
32,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 304.00. . . . . . . . . . . . . . $ 304.00
34,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 323.00. . . . . . . . . . . . . . $ 323.00
36,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 350.00. . . . . . . . . . . . . . $ 350.00
38,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 384.00. . . . . . . . . . . . . . $ 384.00
40,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 439.00. . . . . . . . . . . . . . $ 439.00
42,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 456.00. . . . . . . . . . . . . . $ 546.00
44,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 466.00. . . . . . . . . . . . . . $ 556.00
46,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 501.00. . . . . . . . . . . . . . $ 591.00
48,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 522.00. . . . . . . . . . . . . . $ 612.00
50,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 566.00. . . . . . . . . . . . . . $ 656.00
52,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 595.00. . . . . . . . . . . . . . $ 685.00
54,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 642.00. . . . . . . . . . . . . . $ 732.00
56,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 677.00. . . . . . . . . . . . . . $ 767.00
58,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 704.00. . . . . . . . . . . . . . $ 794.00
60,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 750.00. . . . . . . . . . . . . . $ 840.00
62,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 804.00. . . . . . . . . . . . . . $ 894.00
64,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 822.00. . . . . . . . . . . . . . $ 912.00
66,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 915.00. . . . . . . . . . . . . . $ 1,005.00
68,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 954.00. . . . . . . . . . . . . . $ 1,044.00
70,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,027.00. . . . . . . . . . . . . . $ 1,117.00
72,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,098.00. . . . . . . . . . . . . . $ 1,188.00
74,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,193.00. . . . . . . . . . . . . . $ 1,283.00
76,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,289.00. . . . . . . . . . . . . . $ 1,379.00
78,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,407.00. . . . . . . . . . . . . . $ 1,497.00
80,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,518.00. . . . . . . . . . . . . . $ 1,608.00
82,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,623.00. . . . . . . . . . . . . . $ 1,713.00
84,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,728.00. . . . . . . . . . . . . . $ 1,818.00
86,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,833.00. . . . . . . . . . . . . . $ 1,923.00
88,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,938.00. . . . . . . . . . . . . . $ 2,028.00
90,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 2,043.00. . . . . . . . . . . . . . $ 2,133.00
92,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 2,148.00. . . . . . . . . . . . . . $ 2,238.00
94,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 2,253.00. . . . . . . . . . . . . . $ 2,343.00
96,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 2,358.00. . . . . . . . . . . . . . $ 2,448.00
98,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 2,463.00. . . . . . . . . . . . . . $ 2,553.00
100,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 2,568.00. . . . . . . . . . . . . . $ 2,658.00
102,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 2,673.00. . . . . . . . . . . . . . $ 2,763.00
104,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 2,778.00. . . . . . . . . . . . . . $ 2,868.00
105,500 lbs.. . . . . . . . . . . . . . . . . . . . .$ 2,883.00. . . . . . . . . . . . . . $ 2,973.00 Schedule A applies to vehicles either used exclusively for hauling logs or that do not tow trailers. Schedule B applies to vehicles that tow trailers and are not covered under Schedule A.
(2) Every truck, motor truck, truck tractor, and tractor exceeding 6,000 pounds empty scale weight registered under chapter 46.16, 46.87, or 46.88 RCW shall be licensed for not less than one hundred fifty percent of its empty weight unless the amount would be in excess of the legal limits prescribed for such a vehicle in RCW 46.44.041 or 46.44.042, in which event the vehicle shall be licensed for the maximum weight authorized for such a vehicle or unless the vehicle is used only for the purpose of transporting any well drilling machine, air compressor, rock crusher, conveyor, hoist, donkey engine, cook house, tool house, bunk house, or similar machine or structure attached to or made a part of such vehicle.
(3)(a) Beginning with all motor vehicle registrations that are due or become due on October 1, 2002, there will be paid and collected annually a twenty-percent surcharge on the gross weight portion of the combined licensing fees in effect January 1, 2002.
(b) Beginning with all motor vehicle registrations that are due or become due on October 1, 2003, and thereafter, there will be paid and collected annually a forty-percent surcharge on the gross weight portion of the combined licensing fees in effect January 1, 2002.
(4) The following provisions apply when increasing gross or combined gross weight for a vehicle licensed under this section:
(a) The new license fee will be one-twelfth of the fee listed above for the new gross weight, multiplied by the number of months remaining in the period for which licensing fees have been paid, including the month in which the new gross weight is effective.
(b) Upon surrender of the current certificate of registration or cab card, the new licensing fees due shall be reduced by the amount of the licensing fees previously paid for the same period for which new fees are being charged.
(((2))) (5) The proceeds from the fees collected under ((subsection (1) of)) this section shall be distributed in accordance with RCW 46.68.035.
Sec. 204. RCW 46.68.035 and 2000 2nd sp.s. c 4 s 8 are each amended to read as follows:
All proceeds from combined vehicle licensing fees received by the director for vehicles licensed under RCW 46.16.070 and 46.16.085 shall be forwarded to the state treasurer to be distributed into accounts according to the following method:
(1) The sum of two dollars for each vehicle shall be deposited into the multimodal transportation account, except that for each vehicle registered by a county auditor or agent to a county auditor pursuant to RCW 46.01.140, the sum of two dollars shall be credited to the current county expense fund.
(2) The proceeds from the surcharge collected under RCW 46.16.070(3) must be deposited into the motor vehicle fund.
(3) All fees collected under RCW 46.16.070(1) for motor homes, less the distribution required under subsection (1) of this section, must be deposited into the motor vehicle fund.
(4) The remainder shall be distributed as follows:
(a) 23.677 percent shall be deposited into the state patrol highway account of the motor vehicle fund;
(b) 1.521 percent shall be deposited into the Puget Sound ferry operations account of the motor vehicle fund; and
(c) The remaining proceeds shall be deposited into the motor vehicle fund.
Sec. 205. RCW 46.16.071 and 1996 c 315 s 4 are each amended to read as follows:
(1) In addition to the fees set forth in RCW 46.16.070, there shall be paid and collected annually upon registration, a fee of one dollar for each motor home, truck, motor truck, truck tractor, road tractor, tractor, bus, auto stage, or for hire vehicle with seating capacity of more than six, notwithstanding the provisions of RCW 46.16.070.
(2) In addition to the fees set forth in RCW 46.16.085, there shall be paid and collected annually upon registration, a fee of one dollar for each trailer, semitrailer, and pole trailer, notwithstanding the provisions of RCW 46.16.085.
(3) The proceeds from the fees collected under subsections (1) and (2) of this section shall be deposited into the highway safety fund, except that for each vehicle registered by a county auditor or agent to a county auditor under RCW 46.01.140, the proceeds shall be credited to the current county expense fund.
PART III - FUEL TAX
Sec. 301. RCW 82.36.025 and 1999 c 269 s 16 and 1999 c 94 s 29 are each reenacted and amended to read as follows:
(1) A motor vehicle fuel tax rate of twenty-three cents per gallon ((shall apply)) applies to the sale, distribution, or use of motor vehicle fuel.
(2) Beginning October 1, 2002, an additional and cumulative motor fuel tax rate of three cents per gallon applies to the sale, distribution, or use of motor vehicle fuel.
(3) Beginning October 1, 2003, an additional and cumulative motor vehicle fuel tax rate of three cents per gallon applies to the sale, distribution, or use of motor vehicle fuel.
(4) Beginning October 1, 2004, an additional and cumulative motor vehicle fuel tax rate of three cents per gallon applies to the sale, distribution, or use of motor vehicle fuel.
Sec. 302. RCW 82.38.030 and 2001 c 270 s 6 are each amended to read as follows:
(1) There is hereby levied and imposed upon special fuel users a tax at the rate ((computed in the manner provided in RCW 82.36.025 on each)) of twenty-three cents per gallon of special fuel, or each one hundred cubic feet of compressed natural gas, measured at standard pressure and temperature.
(2) Beginning October 1, 2002, an additional and cumulative tax rate of six cents per gallon of special fuel, or each one hundred cubic feet of compressed natural gas, measured at standard pressure and temperature shall be imposed on special fuel users.
(3) Beginning October 1, 2003, an additional and cumulative special fuel tax rate of three cents per gallon of special fuel, or each one hundred cubic feet of compressed natural gas, measured at standard pressure and temperature shall be imposed on special fuel users.
(4) Beginning October 1, 2004, an additional and cumulative special fuel tax rate of three cents per gallon of special fuel, or each one hundred cubic feet of compressed natural gas, measured at standard pressure and temperature shall be imposed on special fuel users.
(5) The tax is imposed ((by subsection (1) of this section is imposed)) when:
(a) Special fuel is removed in this state from a terminal if the special fuel is removed at the rack unless the removal is to a licensed exporter for direct delivery to a destination outside of the state, or the removal is to a special fuel distributor for direct delivery to an international fuel tax agreement licensee under RCW 82.38.320;
(b) Special fuel is removed in this state from a refinery if either of the following applies:
(i) The removal is by bulk transfer and the refiner or the owner of the special fuel immediately before the removal is not a licensee; or
(ii) The removal is at the refinery rack unless the removal is to a licensed exporter for direct delivery to a destination outside of the state, or the removal is to a special fuel distributor for direct delivery to an international fuel tax agreement licensee under RCW 82.38.320;
(c) Special fuel enters into this state for sale, consumption, use, or storage if either of the following applies:
(i) The entry is by bulk transfer and the importer is not a licensee; or
(ii) The entry is not by bulk transfer;
(d) Special fuel is sold or removed in this state to an unlicensed entity unless there was a prior taxable removal, entry, or sale of the special fuel;
(e) Blended special fuel is removed or sold in this state by the blender of the fuel. The number of gallons of blended special fuel subject to tax is the difference between the total number of gallons of blended special fuel removed or sold and the number of gallons of previously taxed special fuel used to produce the blended special fuel;
(f) Dyed special fuel is used on a highway, as authorized by the internal revenue code, unless the use is exempt from the special fuel tax;
(g) Special fuel purchased by an international fuel tax agreement licensee under RCW 82.38.320 is used on a highway; and
(h) Special fuel is sold by a licensed special fuel supplier to a special fuel distributor, special fuel importer, or special fuel blender and the special fuel is not removed from the bulk transfer-terminal system.
(((3))) (6) The tax imposed by this chapter, if required to be collected by the licensee, is held in trust by the licensee until paid to the department, and a licensee 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 is guilty of a felony, or gross misdemeanor in accordance with the theft and anticipatory provisions of Title 9A RCW. A person, partnership, corporation, or corporate officer who fails to collect the tax imposed by this section, or who has collected the tax and fails to pay it to the department in the manner prescribed by this chapter, is personally liable to the state for the amount of the tax.
Sec. 303. RCW 46.68.090 and 1999 c 269 s 2 and 1999 c 94 s 6 are each reenacted and amended to read as follows:
(1) All moneys that have accrued or may accrue to the motor vehicle fund from the motor vehicle fuel tax and special fuel tax shall be first expended for purposes enumerated in (a) and (b) of this subsection. The remaining net tax amount shall be distributed monthly by the state treasurer in ((the proportions set forth in (c) through (l))) accordance with subsections (2) and (3) of this ((subsection)) section.
(a) For payment of refunds of motor vehicle fuel tax and special fuel tax that has been paid and is refundable as provided by law;
(b) For payment of amounts to be expended pursuant to appropriations for the administrative expenses of the offices of state treasurer, state auditor, and the department of licensing of the state of Washington in the administration of the motor vehicle fuel tax and the special fuel tax, which sums shall be distributed monthly((;)).
(2) All of the remaining net tax amount collected under RCW 82.36.025(1) and 82.38.030(1) shall be distributed as set forth in (a) through (j) of this subsection.
(((c))) (a) For distribution to the motor vehicle fund an amount equal to 44.387 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1) to be expended for highway purposes of the state as defined in RCW 46.68.130;
(((d))) (b) For distribution to the special category C account, hereby created in the motor vehicle fund, an amount equal to 3.2609 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1) to be expended for special category C projects. Special category C projects are category C projects that, due to high cost only, will require bond financing to complete construction.
The following criteria, listed in order of priority, shall be used in determining which special category C projects have the highest priority:
(i) Accident experience;
(ii) Fatal accident experience;
(iii) Capacity to move people and goods safely and at reasonable speeds without undue congestion; and
(iv) Continuity of development of the highway transportation network.
Moneys deposited in the special category C account in the motor vehicle fund may be used for payment of debt service on bonds the proceeds of which are used to finance special category C projects under this subsection (((1)(d))) (2)(b);
(((e))) (c) For distribution to the Puget Sound ferry operations account in the motor vehicle fund an amount equal to 2.3283 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1);
(((f))) (d) For distribution to the Puget Sound capital construction account in the motor vehicle fund an amount equal to 2.3726 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1);
(((g))) (e) For distribution to the urban arterial trust account in the motor vehicle fund an amount equal to 7.5597 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1);
(((h))) (f) For distribution to the transportation improvement account in the motor vehicle fund an amount equal to 5.6739 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1) and expended in accordance with RCW 47.26.086;
(((i))) (g) For distribution to the cities and towns from the motor vehicle fund an amount equal to 10.6961 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1) in accordance with RCW 46.68.110;
(((j))) (h) For distribution to the counties from the motor vehicle fund an amount equal to 19.2287 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1): (i) Out of which there shall be distributed from time to time, as directed by the department of transportation, those sums as may be necessary to carry out the provisions of RCW 47.56.725; and (ii) less any amounts appropriated to the county road administration board to implement the provisions of RCW 47.56.725(4), with the balance of such county share to be distributed monthly as the same accrues for distribution in accordance with RCW 46.68.120;
(((k))) (i) For distribution to the county arterial preservation account, hereby created in the motor vehicle fund an amount equal to 1.9565 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1). These funds shall be distributed by the county road administration board to counties in proportions corresponding to the number of paved arterial lane miles in the unincorporated area of each county and shall be used for improvements to sustain the structural, safety, and operational integrity of county arterials. The county road administration board shall adopt reasonable rules and develop policies to implement this program and to assure that a pavement management system is used;
(((l))) (j) For distribution to the rural arterial trust account in the motor vehicle fund an amount equal to 2.5363 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1) and expended in accordance with RCW 36.79.020.
(((2))) (3) 100 percent of the net tax amount collected under RCW 82.36.025 (2), (3), and (4) and 82.38.030 (2), (3), and (4) shall be distributed to the motor vehicle fund.
(4) Nothing in this section or in RCW 46.68.130 may be construed so as to violate any terms or conditions contained in any highway construction bond issues now or hereafter authorized by statute and whose payment is by such statute pledged to be paid from any excise taxes on motor vehicle fuel and special fuels.
Sec. 304. RCW 82.38.035 and 2001 c 270 s 7 are each amended to read as follows:
(1) A licensed supplier shall remit tax on special fuel to the department as provided in RCW 82.38.030(((2))) (5)(a). On a two-party exchange, or buy-sell agreement between two licensed suppliers, the receiving exchange partner or buyer shall remit the tax.
(2) A refiner shall remit tax to the department on special fuel removed from a refinery as provided in RCW 82.38.030(((2))) (5)(b).
(3) An importer shall remit tax to the department on special fuel imported into this state as provided in RCW 82.38.030(((2))) (5)(c).
(4) A blender shall remit tax to the department on the removal or sale of blended special fuel as provided in RCW 82.38.030(((2))) (5)(e).
(5) A dyed special fuel user shall remit tax to the department on the use of dyed special fuel as provided in RCW 82.38.030(((2))) (5)(f).
Sec. 305. RCW 82.38.045 and 1998 c 176 s 54 are each amended to read as follows:
A terminal operator is jointly and severally liable for remitting the tax imposed under RCW 82.38.030(((1))) if, at the time of removal:
(1) The position holder with respect to the special fuel is a person other than the terminal operator and is not a licensee;
(2) The terminal operator is not a licensee;
(3) The position holder has an expired internal revenue service notification certificate issued under chapter 26, C.F.R. Part 48; or
(4) The terminal operator had reason to believe that information on the notification certificate was false.
Sec. 306. RCW 82.38.047 and 1998 c 176 s 55 are each amended to read as follows:
A terminal operator is jointly and severally liable for remitting the tax imposed under RCW 82.38.030(((1))) if, in connection with the removal of special fuel that is not dyed or marked in accordance with internal revenue service requirements, the terminal operator provides a person with a bill of lading, shipping paper, or similar document indicating that the special fuel is dyed or marked in accordance with internal revenue service requirements.
Sec. 307. RCW 82.38.075 and 1983 c 212 s 1 are each amended to read as follows:
In order to encourage the use of nonpolluting fuels, an annual license fee in lieu of the tax imposed by RCW 82.38.030 shall be imposed upon the use of natural gas as defined in this chapter or on liquified petroleum gas, commonly called propane, which is used in any motor vehicle, as defined in RCW 46.04.320, which shall be based upon the following schedule as adjusted by the formula set out below:
VEHICLE TONNAGE (GVW) FEE
0 - 6,000 $ 45
6,001 - 10,000 $ 45
10,001 - 18,000 $ 80
18,001 - 28,000 $110
28,001 - 36,000 $150
36,001 and above $250
To determine the actual annual license fee imposed by this section for a registration year, the appropriate dollar amount set out in the above schedule shall be multiplied by the ((motor vehicle)) special fuel tax rate in cents per gallon as established by RCW ((82.36.025)) 82.38.030 effective on July 1st of the preceding calendar year and the product thereof shall be divided by 12 cents.
The department of licensing, in addition to the foregoing fee, shall charge a further fee of five dollars as a handling charge for each license issued.
The director of licensing shall be authorized to prorate the vehicle tonnage fee so that the annual license required by this section will correspond with the staggered vehicle licensing system.
A decal or other identifying device issued upon payment of these annual fees shall be displayed as prescribed by the department as authority to purchase this fuel.
Persons selling or dispensing natural gas or propane may not sell or dispense this fuel for their own use or the use of others into tanks of vehicles powered by this fuel which do not display a valid decal or other identifying device as provided in this section.
Vehicles registered in jurisdictions outside the state of Washington are exempt from this section.
Any person selling or dispensing natural gas or propane into the tank of a motor vehicle powered by this fuel, except as prescribed in this chapter, is subject to the penalty provisions of this chapter.
Sec. 308. RCW 46.09.170 and 1995 c 166 s 9 are each amended to read as follows:
(1) From time to time, but at least once each year, the state treasurer shall refund from the motor vehicle fund one percent of the motor vehicle fuel tax revenues collected under chapter 82.36 RCW, based on the tax rate in effect January 1, ((1990)) 2001, less proper deductions for refunds and costs of collection as provided in RCW 46.68.090. The treasurer shall place these funds in the general fund as follows:
(a) Forty percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of natural resources solely for planning, maintenance, and management of ORV recreation facilities, nonhighway roads, and nonhighway road recreation facilities. The funds under this subsection shall be expended in accordance with the following limitations:
(i) Not more than five percent may be expended for information programs under this chapter;
(ii) Not less than ten percent and not more than fifty percent may be expended for ORV recreation facilities;
(iii) Not more than twenty-five percent may be expended for maintenance of nonhighway roads;
(iv) Not more than fifty percent may be expended for nonhighway road recreation facilities;
(v) Ten percent shall be transferred to the interagency committee for outdoor recreation for grants to law enforcement agencies in those counties where the department of natural resources maintains ORV facilities. This amount is in addition to those distributions made by the interagency committee for outdoor recreation under (d)(i) of this subsection;
(b) Three and one-half percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of fish and wildlife solely for the acquisition, planning, development, maintenance, and management of nonhighway roads and recreation facilities;
(c) Two percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and recreation commission solely for the maintenance and management of ORV use areas and facilities; and
(d) Fifty-four and one-half percent, together with the funds received by the interagency committee for outdoor recreation under RCW 46.09.110, shall be credited to the nonhighway and off-road vehicle activities program account to be administered by the committee for planning, acquisition, development, maintenance, and management of ORV recreation facilities and nonhighway road recreation facilities; ORV user education and information; and ORV law enforcement programs. The expenditures in this subsection (1)(d) shall be calculated on the motor vehicle fuel tax in effect January 1, 1990, until this subsection (1)(d) is amended to reflect the findings of the recreational fuel use study provided in section 346, chapter 8, Laws of 2001 2nd sp. sess. The funds under this subsection shall be expended in accordance with the following limitations:
(i) Not more than twenty percent may be expended for ORV education, information, and law enforcement programs under this chapter;
(ii) Not less than an amount equal to the funds received by the interagency committee for outdoor recreation under RCW 46.09.110 and not more than sixty percent may be expended for ORV recreation facilities;
(iii) Not more than twenty percent may be expended for nonhighway road recreation facilities.
(2) On a yearly basis an agency may not, except as provided in RCW 46.09.110, expend more than ten percent of the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.
Sec. 309. RCW 46.10.170 and 1994 c 262 s 4 are each amended to read as follows:
From time to time, but at least once each four years, the department shall determine the amount of moneys paid to it as motor vehicle fuel tax that is tax on snowmobile fuel. Such determination shall use one hundred thirty-five gallons as the average yearly fuel usage per snowmobile, the number of registered snowmobiles during the calendar year under determination, and the fuel tax rate in effect January 1, ((1990)) 2001.
Sec. 310. RCW 79A.25.070 and 2000 c 11 s 73 are each amended to read as follows:
Upon expiration of the time limited by RCW 82.36.330 for claiming of refunds of tax on marine fuel, the state of Washington shall succeed to the right to such refunds. The director of licensing, after taking into account past and anticipated claims for refunds from and deposits to the marine fuel tax refund account and the costs of carrying out the provisions of RCW 79A.25.030, shall request the state treasurer to transfer monthly from the marine fuel tax refund account an amount equal to the proportion of the moneys in the account representing the motor vehicle fuel tax rate under RCW 82.36.025 in effect on January 1, ((1990)) 2001, to the recreation resource account and the remainder to the motor vehicle fund.
PART IV - SALES AND USE TAXES
Sec. 401. RCW 82.08.020 and 2000 2nd sp.s. c 4 s 1 are each amended to read as follows:
(1) There is levied and there shall be collected a tax on each retail sale in this state equal to six and five-tenths percent of the selling price.
(2) There is levied and there shall be collected an additional tax on each retail car rental, regardless of whether the vehicle is licensed in this state, equal to
five and nine-tenths percent of the selling price. The revenue collected under this subsection shall be deposited in the multimodal transportation account created in RCW 47.66.070.
(3) Beginning October 1, 2002, there is levied and collected an additional tax of one percent of the selling price on each retail sale of a motor vehicle in this state, other than retail car rentals taxed under subsection (2) of this section.
(4) For purposes of subsection (3) of this section, "motor vehicle" has the meaning provided in RCW 46.04.320, but does not include farm tractors or farm vehicles as defined in RCW 46.04.180 and 46.04.181, off-road and nonhighway vehicles as defined in RCW 46.09.020, and snowmobiles as defined in RCW 46.10.010.
(5) The revenue collected under subsection (3) of this section must be deposited into the multimodal transportation account under RCW 47.66.070.
(6) The taxes imposed under this chapter shall apply to successive retail sales of the same property.
(((4))) (7) The rates provided in this section apply to taxes imposed under chapter 82.12 RCW as provided in RCW 82.12.020.
Sec. 402. RCW 82.12.020 and 1999 c 358 s 9 are each amended to read as follows:
(1) There is hereby levied and there shall be collected from every person in this state a tax or excise for the privilege of using within this state as a consumer: (a) Any article of tangible personal property purchased at retail, or acquired by lease, gift, repossession, or bailment, or extracted or produced or manufactured by the person so using the same, or otherwise furnished to a person engaged in any business taxable under RCW 82.04.280 (2) or (7); or (b) any canned software, regardless of the method of delivery, but excluding canned software that is either provided free of charge or is provided for temporary use in viewing information, or both.
(2) This tax shall apply to the use of every service defined as a retail sale in RCW 82.04.050(3)(a) and the use of every article of tangible personal property, including property acquired at a casual or isolated sale, and including byproducts used by the manufacturer thereof, except as hereinafter provided, irrespective of whether the article or similar articles are manufactured or are available for purchase within this state.
(3) Except as provided in RCW 82.12.0252, payment by one purchaser or user of tangible personal property or service of the tax imposed by chapter 82.08 or 82.12 RCW shall not have the effect of exempting any other purchaser or user of the same property or service from the taxes imposed by such chapters.
(4) The tax shall be levied and collected in an amount equal to the value of the article used by the taxpayer multiplied by the rates in effect for the retail sales tax under RCW 82.08.020.
Sec. 403. RCW 82.12.045 and 1996 c 149 s 19 are each amended to read as follows:
(1) In the collection of the use tax on motor vehicles, the department of revenue may designate the county auditors of the several counties of the state as its collecting agents. Upon such designation, it shall be the duty of each county auditor to collect the tax at the time an applicant applies for the registration of, and transfer of title to, the motor vehicle, except in the following instances:
(a) Where the applicant exhibits a dealer's report of sale showing that the retail sales tax has been collected by the dealer;
(b) Where the application is for the renewal of registration;
(c) Where the applicant presents a written statement signed by the department of revenue, or its duly authorized agent showing that no use tax is legally due; or
(d) Where the applicant presents satisfactory evidence showing that the retail sales tax or the use tax has been paid by ((him)) the applicant on the vehicle in question.
(2) The term "motor vehicle," as used in this section means and includes all motor vehicles, trailers and semitrailers used, or of a type designed primarily to be used, upon the public streets and highways, for the convenience or pleasure of the owner, or for the conveyance, for hire or otherwise, of persons or property, including fixed loads, facilities for human habitation, and vehicles carrying exempt licenses.
(3) It shall be the duty of every applicant for registration and transfer of certificate of title who is subject to payment of tax under this section to declare upon ((his)) the application the value of the vehicle for which application is made, which shall consist of the consideration paid or contracted to be paid therefor.
(4) Each county auditor who acts as agent of the department of revenue shall at the time of remitting license fee receipts on motor vehicles subject to the provisions of this section pay over and account to the state treasurer for all use tax revenue collected under this section, after first deducting as ((his)) a collection fee the sum of two dollars for each motor vehicle upon which the tax has been collected. All revenue received by the state treasurer under this section shall be credited to the general fund. The auditor's collection fee shall be deposited in the county current expense fund. A duplicate of the county auditor's transmittal report to the state treasurer shall be forwarded forthwith to the department of revenue.
(5) Any applicant who has paid use tax to a county auditor under this section may apply to the department of revenue for refund thereof if he or she has reason to believe that such tax was not legally due and owing. No refund shall be allowed unless application therefor is received by the department of revenue within the statutory period for assessment of taxes, penalties, or interest prescribed by RCW 82.32.050(3). Upon receipt of an application for refund the department of revenue shall consider the same and issue its order either granting or denying it and if refund is denied the taxpayer shall have the right of appeal as provided in RCW 82.32.170, 82.32.180 and 82.32.190.
(6) The provisions of this section shall be construed as cumulative of other methods prescribed in chapters 82.04 to 82.32 RCW, inclusive, for the collection of the tax imposed by this chapter. The department of revenue shall have power to promulgate such rules as may be necessary to administer the provisions of this section. Any duties required by this section to be performed by the county auditor may be performed by the director of licensing but no collection fee shall be deductible by said director in remitting use tax revenue to the state treasurer.
(7) The use tax revenue collected under RCW 82.08.020(3) will be deposited in the multimodal transportation account under RCW 47.66.070.
NEW SECTION. Sec. 404. A new section is added to chapter 43.135 RCW to read as follows:
A transfer from the general fund to the multimodal transportation account under section 405 of this act for taxes collected under chapters 82.08 and 82.12 RCW on new construction projects within the improvement program in RCW 47.05.030(2), does not require a corresponding lowering of the state expenditure limit to reflect this shift for purposes of RCW 43.135.035(4).
NEW SECTION. Sec. 405. A new section is added to chapter 82.32 RCW to read as follows:
(1) Effective for taxes collected in fiscal year 2006, the tax imposed and collected under chapters 82.08 and 82.12 RCW, less any credits allowed under chapter 82.14 RCW, on new construction projects within the improvement program in RCW 47.05.030(2), except for those projects related to safety and protection of the environment, shall be transferred from the general fund to the multimodal transportation account once each quarter.
(2) This transaction is exempt from the requirements in RCW 43.135.035(4).
(3) Government entities conducting new construction projects within the improvement program in RCW 47.05.030(2) shall report to the department by August 1st of each year the amount of state sales or use tax attributable to the projects identified in this section from the previous fiscal year for purposes of transfer to the multimodal transportation account. The department shall notify the state treasurer of the amount of the transfer.
PART V - MISCELLANEOUS
NEW SECTION. Sec. 501. 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. 502. Part headings used in this act do not constitute any part of the law."
MOTION
Senator Haugen moved that the following amendment by Senators Haugen, Jacobsen, Horn, McDonald, Benton and Gardner be adopted:
Strike everything after the enacting clause and insert the following:
"PART I - ACCOUNTABILITY FOR TRANSPORTATION PROJECTS AND PROGRAMS
NEW SECTION. Sec. 101. It is essential that the legislature improve the accountability and efficiency of the department of transportation. Taxpayers must know that their tax dollars are being well spent to deliver critically needed transportation projects. To accomplish this, a transportation accountability process must be established to provide oversight on transportation projects. The legislative transportation accountability committee will replace and assume the duties and responsibilities of the legislative transportation committee and, additionally, in conjunction with an independent transportation accountability board, report to the public on how tax dollars are spent on projects funded by new transportation taxes under this act.
NEW SECTION. Sec. 102. In addition to the legislative transportation accountability committee's other responsibilities under this chapter, the committee has the following responsibilities:
(1) Direct the department of transportation to submit a transportation accountability audit report as required under section 103 of this act;
(2) Report annually to the governor and the legislature on the department's progress on each project as further defined in section 103 of this act;
(3) When necessary, make policy recommendations for improving efficiencies, savings, or improvements in the department's project management, accountability measures, or project delivery mechanisms;
(4) Recommend any leading edge transportation project delivery strategies, oversight, accountability, or efficiency measures; and
(5) Appoint members of the transportation accountability board as nominated by the governor pursuant to section 106 of this act.
NEW SECTION. Sec. 103. The department of transportation shall prepare and submit to the transportation commission once each quarter a comprehensive audit report on each transportation project funded by this act. The audit report shall be known as the "transportation accountability audit." For the purposes of this act, the audit must include the following elements:
(1) Project status and any scope changes;
(2) Estimated completion date and cost, noting any changes from past estimates;
(3) Actual project expenditures as compared with projected expenditures;
(4) Any changes in financing for each project;
(5) Claim or change orders that result in greater than a five-percent cumulative increase in project cost, or greater than sixty days of delay;
(6) Status of any required permits;
(7) Mitigation efforts to relieve both traffic and environmental impacts;
(8) Evaluation of work force effectiveness, including both state employees and contractors;
(9) Outlook for the upcoming year, including projected accomplishments and challenges;
(10) Copies of any accountability reports filed with the federal highway administration; and
(11) Any other useful information the committee or commission requests.
NEW SECTION. Sec. 104. The transportation commission must review the proposed transportation accountability audit submitted by the department. After reviewing the information contained therein, the commission may request additional information or data, or ask for clarifications. The commission is prohibited from changing any of the data contained in the audit report.
After conducting its review, the commission must forward the transportation accountability audit to the legislative transportation accountability committee and the transportation accountability board.
NEW SECTION. Sec. 105. (1) Upon completion of its review under section 104 of this act, the transportation commission shall forward the transportation accountability audit to the transportation accountability board and the legislative transportation accountability committee. The transportation accountability board will accept or reject the report.
(a) In determining whether to accept or reject the report, the board:
(i) Will analyze, investigate, and evaluate the data contained in the audit report;
(ii) May, when authorized by the legislative transportation accountability committee, contract out for planners, consultants, and other technical personnel to assist in the audit review process; and
(iii) May request additional information or data from the department of transportation.
(b) As part of the evaluation process, the board may make recommendations to the legislative transportation accountability committee for efficiencies, savings, or improvements in the department's project management, accountability measures, or project delivery mechanisms.
(2) After reviewing the report, the board must forward the transportation accountability audit and recommendations to the office of financial management and the legislative transportation accountability committee.
(3) The legislative transportation accountability committee must make the transportation accountability audit report available to the public.
(4) In addition to its regular staff, the legislative transportation accountability committee is authorized to contract out for planners, consultants, and other technical personnel to advise it, or the board at its request, in the performance of its duties, assist in the review of the transportation accountability audit, and to assist in other audits initiated by the committee.
(5) Staff support to the board must be provided by the legislative transportation accountability committee, which shall provide professional support for the duties, functions, responsibilities, and activities of the board, including but not limited to information technology systems; data collection, processing, analysis, and reporting; project management; and office space, equipment, and secretarial support. The legislative evaluation and accountability program will provide data and information technology support consistent with the support currently supplied to existing legislative committees.
NEW SECTION. Sec. 106. (1) The transportation accountability board is created.
(2) The board will consist of no fewer than five and no more than nine members nominated by the governor, and selected by the legislative transportation accountability committee, for terms of four years, except that at least half the members initially appointed will be appointed for terms of two years. The members of the board must be chosen so the board will have experience and expertise relating to major civil engineering and construction works and facilities to include: (a) Design, estimating, contract packaging, and procurement; (b) construction means and methods and construction management and administration; (c) project finance, accounting, controls, and reporting; (d) procedures for obtaining permits and for assuring regulatory compliance; (e) dispute resolution; (f) construction work force training and safety; (g) general public administration; and (h) experience crafting and implementing environmental mitigation plans.
(3) The legislative transportation accountability committee may not remove members from the board before the expiration of their terms unless for cause based upon a determination of incapacity, incompetence, neglect of duty, or malfeasance in office by the Thurston county superior court, upon petition and show cause proceedings brought for that purpose in that court and directed to the board member in question.
(4) No member may be appointed for more than three consecutive terms.
NEW SECTION. Sec. 107. (1) The board shall meet periodically. It may adopt its own rules and may establish its own procedures. It shall act collectively in harmony with recorded resolutions or motions adopted by a majority vote of the members. The board shall be compensated from the general appropriation for the legislative transportation accountability committee and in accordance with RCW 43.03.250.
(2) Each member of the board will be compensated in accordance with RCW 43.03.250 and reimbursed for actual necessary traveling and other expenses in going to, attending, and returning from meetings of the board or that are incurred in the discharge of duties requested by the chairman. However, in no event may a board member be compensated in any year for more than one hundred twenty days, except the chairman may be compensated for not more than one hundred fifty days. Service on the board does not qualify as a service credit for the purposes of a public retirement system.
(3) The board shall keep proper records and is subject to audit by the state auditor or other auditing entities.
NEW SECTION. Sec. 108. Sections 101 through 107 of this act are each added to chapter 44.40 RCW.
Sec. 109. RCW 44.40.010 and 1999 sp.s. c 1 s 616 are each amended to read as follows:
The joint fact-finding committee on highways, streets, and bridges originally created by chapter 111, Laws of 1947, recreated and renamed the joint committee on highways by chapter 3, Laws of 1963 extraordinary session, recreated and renamed the legislative transportation committee by chapter 87, Laws of 1980, is hereby recreated and renamed the legislative transportation accountability committee. The renaming of said committee shall not affect any powers invested in it or its duties imposed upon it by any other statute. All appropriations made to the committee under its former name shall continue to be available to said committee as renamed, the legislative transportation accountability committee. The committee shall consist of twelve senators to be appointed by the president of the senate and twelve members of the house of representatives to be appointed by the speaker thereof. Not more than six members from each house may be from the same political party. A list of appointees shall be submitted before the close of each regular legislative session during an odd-numbered year or any successive special session convened by the governor or the legislature prior to the close of such regular session or successive special session(s) for confirmation of senate members, by the senate, and house members, by the house. Vacancies occurring shall be filled by the appointing authority. All vacancies must be filled from the same political party and from the same house as the member whose seat was vacated.
((On May 27, 1999, the president of the senate shall appoint an additional senate member as provided by the 1999 amendment of this section. With the appointment of the additional member, the terms of officers elected before May 27, 1999, are terminated, and the committee shall hold a new election of officers.))
The committee shall adopt rules and procedures for its orderly operation.
Sec. 110. RCW 44.40.013 and 2001 c 259 s 5 are each amended to read as follows:
The administration of the legislative transportation accountability committee is subject to RCW 44.04.260.
Sec. 111. RCW 44.40.015 and 2001 c 259 s 6 are each amended to read as follows:
The members of the legislative transportation accountability committee shall form an executive committee consisting of two members from each of the four major political caucuses, which will include the chair and vice-chair of the legislative transportation accountability committee. There will be four alternates to the executive committee, one from each of the four major political caucuses. Each alternate may represent a member from the same political caucus from which they were chosen when that member is absent, and have voting privileges during that absence.
Subject to RCW 44.04.260, the executive committee is responsible for performing all general administrative and personnel duties assigned to it in the rules and procedures adopted by the committee, determining the number of legislative transportation accountability committee staff, and other duties delegated to it by the committee. Except when those responsibilities are assumed by the legislative transportation accountability committee, and subject to RCW 44.04.260, the executive committee is responsible for adopting interim work plans and meeting schedules, approving all contracts signed on behalf of the committee, and setting policies for legislative transportation accountability committee staff utilization.
Sec. 112. RCW 44.40.020 and 1996 c 129 s 9 are each amended to read as follows:
(1) The committee is authorized and directed to continue its studies and for that purpose shall have the powers set forth in chapter 111, Laws of 1947. The committee is further authorized to make studies related to bills assigned to the house and senate transportation committees and such other studies as provided by law. The executive committee of the committee may assign responsibility for all or part of the conduct of studies to the house and/or senate transportation committees.
(2) The committee may review and approve franchise agreements entered into by the department of transportation under RCW ((43.51.113)) 79A.05.125.
Sec. 113. RCW 44.40.025 and 1996 c 288 s 49 are each amended to read as follows:
In addition to the powers and duties authorized in RCW 44.40.020, the committee and the standing committees on transportation of the house and senate shall, in coordination with the joint legislative audit and review committee, the legislative evaluation and accountability program committee, and the ways and means committees of the senate and house of representatives, ascertain, study, and/or analyze all available facts and matters relating or pertaining to sources of revenue, appropriations, expenditures, and financial condition of the motor vehicle fund and accounts thereof, the highway safety fund, and all other funds or accounts related to transportation programs of the state.
The joint legislative audit and review committee, the legislative evaluation and accountability program committee, and the ways and means committees of the senate and house of representatives shall coordinate their activities with the legislative transportation accountability committee in carrying out the committees' powers and duties under chapter 43.88 RCW in matters relating to the transportation programs of the state.
Sec. 114. RCW 44.40.030 and 1982 c 227 s 17 are each amended to read as follows:
In addition to the powers and duties heretofore conferred upon it, the legislative transportation accountability committee may participate in: (1) The activities of committees of the council of state governments concerned with transportation activities; (2) activities of the national committee on uniform traffic laws and ordinances; (3) any interstate reciprocity or proration meetings designated by the department of licensing; and (4) such other organizations as it deems necessary and appropriate.
Sec. 115. RCW 44.40.040 and 2001 c 259 s 7 are each amended to read as follows:
The members of the legislative transportation accountability committee and the house and senate transportation committees shall receive allowances while attending meetings of the committees or subcommittees and while engaged in other authorized business of the committees as provided in RCW 44.04.120. Subject to RCW 44.04.260, all expenses incurred by the committee, and the house and senate transportation committees, including salaries of employees of the legislative transportation accountability committee, shall be paid upon voucher forms as provided by the office of financial management and signed by the chairman or vice chairman or authorized designee of the chairman of the committee, and the authority of said chairman or vice chairman to sign vouchers shall continue until their successors are selected. Vouchers may be drawn upon funds appropriated for the expenses of the committee.
Sec. 116. RCW 44.40.070 and 1998 c 245 s 87 are each amended to read as follows:
Prior to October 1st of each even-numbered year all state agencies whose major programs consist of transportation activities, including the department of transportation, the transportation improvement board, the Washington state patrol, the department of licensing, the traffic safety commission, the county road administration board, and the board of pilotage commissioners, shall adopt or revise, after consultation with the legislative transportation accountability committee, a comprehensive six-year program and financial plan for all transportation activities under each agency's jurisdiction.
The comprehensive six-year program and financial plan shall state the general objectives and needs of each agency's major transportation programs, including workload and performance estimates.
Sec. 117. RCW 44.40.090 and 2001 c 259 s 8 are each amended to read as follows:
Subject to RCW 44.04.260, powers and duties enumerated by this chapter shall be delegated to the senate and house transportation committees during periods when the legislative transportation accountability committee is not appointed.
Sec. 118. RCW 44.40.100 and 2001 c 259 s 9 are each amended to read as follows:
Subject to RCW 44.04.260, the legislative transportation accountability committee and the senate and house transportation committees may enter into contracts on behalf of the state to carry out the purposes of this chapter; and it or they may act for the state in the initiation of or participation in any multigovernmental program relative to transportation planning or programming; and it or they may enter into contracts to receive federal or other funds, grants, or gifts to carry out said purposes and to be used in preference to or in combination with state funds. When federal or other funds are received, they shall be deposited with the state treasurer and thereafter expended only upon approval by the committee or committees.
Sec. 119. RCW 44.40.140 and 1983 c 212 s 2 are each amended to read as follows:
Prior to the start of each regular legislative session in an odd-numbered year, the legislative transportation accountability committee shall review the policy of the state concerning fees imposed on nonpolluting fuels under RCW 82.38.075, and shall report its findings and recommendations for change, if any, to the legislature.
Sec. 120. RCW 44.40.150 and 1998 c 245 s 88 are each amended to read as follows:
(1) The legislative transportation accountability committee shall undertake a study and develop recommendations for legislative and executive consideration that will:
(a) Increase the efficiency and effectiveness of state transportation programs and reduce costs;
(b) Enhance the accountability and organizational soundness of all transportation modes;
(c) Encourage better communication between local jurisdictions and the department of transportation in developing engineering plans and subsequent construction projects;
(d) Encourage private sector support and financial participation in project development and construction of transportation projects;
(e) Develop long-range goals that reflect changing technology and state-of-the-art advancements in transportation;
(f) Explore alternatives for the establishment of an integrated and balanced multimodal statewide transportation system to meet the needs of the 21st century; and
(g) Explore ways to reduce the demand on the transportation system and more effectively use the existing system.
The committee may study other transportation needs and problems and make further recommendations.
(2) The office of financial management and the department of transportation shall provide staff support as required by the legislative transportation accountability committee in developing the recommendations. To the extent permitted by law, all agencies of the state shall cooperate fully with the legislative transportation accountability committee in carrying out its duties under this section.
(3) The legislative transportation accountability committee may receive and expend gifts, grants, and endowments from private sector sources to carry out the purpose of this section.
PART II - LICENSE FEES
Sec. 201. RCW 46.16.0621 and 2000 1st sp.s. c 1 s 1 are each amended to read as follows:
(1) License tab fees shall be thirty dollars per year for motor vehicles, regardless of year, value, make, or model, beginning January 1, 2000.
(2) For the purposes of this section, "license tab fees" are defined as the general fees paid annually for licensing motor vehicles, including cars, sport utility vehicles, and motorcycles((, and motor homes)).
NEW SECTION. Sec. 202. A new section is added to chapter 46.04 RCW to read as follows:
"Gross weight portion of the current combined licensing fees" means the amounts listed in RCW 46.16.070, Schedule A, less twenty-five dollars and seventy-five cents, and the amounts listed in Schedule B, less twenty-five dollars and seventy-five cents and less an additional ninety dollars if the requested gross weight is over forty thousand pounds.
Sec. 203. RCW 46.16.070 and 1994 c 262 s 8 are each amended to read as follows:
(1) In lieu of all other vehicle licensing fees, unless specifically exempt, and in addition to ((the excise tax prescribed in chapter 82.44 RCW and)) the mileage fees prescribed for buses and stages in RCW 46.16.125, there shall be paid and collected annually for each truck, motor truck, truck tractor, road tractor, tractor, bus, auto stage, motor home, or for hire vehicle with seating capacity of more than six, based upon the declared combined gross weight or declared gross weight ((thereof pursuant to the provisions of)) under chapter 46.44 RCW, the following licensing fees by such gross weight:
DECLARED GROSS WEIGHT SCHEDULE A SCHEDULE B
4,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 37.00. . . . . . . . . . . . . . $ 37.00
6,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 44.00. . . . . . . . . . . . . . $ 44.00
8,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 55.00. . . . . . . . . . . . . . $ 55.00
10,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 62.00. . . . . . . . . . . . . . $ 62.00
12,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 72.00. . . . . . . . . . . . . . $ 72.00
14,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 82.00. . . . . . . . . . . . . . $ 82.00
16,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 92.00. . . . . . . . . . . . . . $ 92.00
18,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 137.00. . . . . . . . . . . . . . $ 137.00
20,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 152.00. . . . . . . . . . . . . . $ 152.00
22,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 164.00. . . . . . . . . . . . . . $ 164.00
24,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 177.00. . . . . . . . . . . . . . $ 177.00
26,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 187.00. . . . . . . . . . . . . . $ 187.00
28,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 220.00. . . . . . . . . . . . . . $ 220.00
30,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 253.00. . . . . . . . . . . . . . $ 253.00
32,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 304.00. . . . . . . . . . . . . . $ 304.00
34,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 323.00. . . . . . . . . . . . . . $ 323.00
36,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 350.00. . . . . . . . . . . . . . $ 350.00
38,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 384.00. . . . . . . . . . . . . . $ 384.00
40,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 439.00. . . . . . . . . . . . . . $ 439.00
42,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 456.00. . . . . . . . . . . . . . $ 546.00
44,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 466.00. . . . . . . . . . . . . . $ 556.00
46,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 501.00. . . . . . . . . . . . . . $ 591.00
48,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 522.00. . . . . . . . . . . . . . $ 612.00
50,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 566.00. . . . . . . . . . . . . . $ 656.00
52,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 595.00. . . . . . . . . . . . . . $ 685.00
54,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 642.00. . . . . . . . . . . . . . $ 732.00
56,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 677.00. . . . . . . . . . . . . . $ 767.00
58,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 704.00. . . . . . . . . . . . . . $ 794.00
60,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 750.00. . . . . . . . . . . . . . $ 840.00
62,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 804.00. . . . . . . . . . . . . . $ 894.00
64,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 822.00. . . . . . . . . . . . . . $ 912.00
66,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 915.00. . . . . . . . . . . . . . $ 1,005.00
68,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 954.00. . . . . . . . . . . . . . $ 1,044.00
70,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,027.00. . . . . . . . . . . . . . $ 1,117.00
72,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,098.00. . . . . . . . . . . . . . $ 1,188.00
74,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,193.00. . . . . . . . . . . . . . $ 1,283.00
76,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,289.00. . . . . . . . . . . . . . $ 1,379.00
78,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,407.00. . . . . . . . . . . . . . $ 1,497.00
80,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,518.00. . . . . . . . . . . . . . $ 1,608.00
82,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,623.00. . . . . . . . . . . . . . $ 1,713.00
84,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,728.00. . . . . . . . . . . . . . $ 1,818.00
86,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,833.00. . . . . . . . . . . . . . $ 1,923.00
88,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 1,938.00. . . . . . . . . . . . . . $ 2,028.00
90,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 2,043.00. . . . . . . . . . . . . . $ 2,133.00
92,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 2,148.00. . . . . . . . . . . . . . $ 2,238.00
94,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 2,253.00. . . . . . . . . . . . . . $ 2,343.00
96,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 2,358.00. . . . . . . . . . . . . . $ 2,448.00
98,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 2,463.00. . . . . . . . . . . . . . $ 2,553.00
100,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 2,568.00. . . . . . . . . . . . . . $ 2,658.00
102,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 2,673.00. . . . . . . . . . . . . . $ 2,763.00
104,000 lbs.. . . . . . . . . . . . . . . . . . . . .$ 2,778.00. . . . . . . . . . . . . . $ 2,868.00
105,500 lbs.. . . . . . . . . . . . . . . . . . . . .$ 2,883.00. . . . . . . . . . . . . . $ 2,973.00
Schedule A applies to vehicles either used exclusively for hauling logs or that do not tow trailers. Schedule B applies to vehicles that tow trailers and are not covered under Schedule A.
(2) Every truck, motor truck, truck tractor, and tractor exceeding 6,000 pounds empty scale weight registered under chapter 46.16, 46.87, or 46.88 RCW shall be licensed for not less than one hundred fifty percent of its empty weight unless the amount would be in excess of the legal limits prescribed for such a vehicle in RCW 46.44.041 or 46.44.042, in which event the vehicle shall be licensed for the maximum weight authorized for such a vehicle or unless the vehicle is used only for the purpose of transporting any well drilling machine, air compressor, rock crusher, conveyor, hoist, donkey engine, cook house, tool house, bunk house, or similar machine or structure attached to or made a part of such vehicle.
(3)(a) Beginning with all motor vehicle registrations that are due or become due on July 1, 2002, there will be paid and collected annually a fifteen percent surcharge on the gross weight portion of the combined licensing fees in effect January 1, 2002, for vehicles with a licensed gross weight over ten thousand pounds.
(b) Beginning with all motor vehicle registrations that are due or become due on July 1, 2003, and thereafter, there will be paid and collected annually a thirty percent surcharge on the gross weight portion of the combined licensing fees in effect January 1, 2002, for vehicles with a licensed gross weight over ten thousand pounds.
(4) The following provisions apply when increasing gross or combined gross weight for a vehicle licensed under this section:
(a) The new license fee will be one-twelfth of the fee listed above for the new gross weight, multiplied by the number of months remaining in the period for which licensing fees have been paid, including the month in which the new gross weight is effective.
(b) Upon surrender of the current certificate of registration or cab card, the new licensing fees due shall be reduced by the amount of the licensing fees previously paid for the same period for which new fees are being charged.
(((2))) (5) The proceeds from the fees collected under ((subsection (1) of)) this section shall be distributed in accordance with RCW 46.68.035.
Sec. 204. RCW 46.68.035 and 2000 2nd sp.s. c 4 s 8 are each amended to read as follows:
All proceeds from combined vehicle licensing fees received by the director for vehicles licensed under RCW 46.16.070 and 46.16.085 shall be forwarded to the state treasurer to be distributed into accounts according to the following method:
(1) The sum of two dollars for each vehicle shall be deposited into the multimodal transportation account, except that for each vehicle registered by a county auditor or agent to a county auditor pursuant to RCW 46.01.140, the sum of two dollars shall be credited to the current county expense fund.
(2) The proceeds from the surcharge collected under RCW 46.16.070(3) must be deposited into the motor vehicle account.
(3) All fees collected under RCW 46.16.070(1) for motor homes, less the distribution required under subsection (1) of this section, must be deposited into the motor vehicle account.
(4) The remainder shall be distributed as follows:
(a) 23.677 percent shall be deposited into the state patrol highway account of the motor vehicle fund;
(b) 1.521 percent shall be deposited into the Puget Sound ferry operations account of the motor vehicle fund; and
(c) The remaining proceeds shall be deposited into the motor vehicle fund.
Sec. 205. RCW 46.16.071 and 1996 c 315 s 4 are each amended to read as follows:
(1) In addition to the fees set forth in RCW 46.16.070, there shall be paid and collected annually upon registration, a fee of one dollar for each motor home, truck, motor truck, truck tractor, road tractor, tractor, bus, auto stage, or for hire vehicle with seating capacity of more than six, notwithstanding the provisions of RCW 46.16.070.
(2) In addition to the fees set forth in RCW 46.16.085, there shall be paid and collected annually upon registration, a fee of one dollar for each trailer, semitrailer, and pole trailer, notwithstanding the provisions of RCW 46.16.085.
(3) The proceeds from the fees collected under subsections (1) and (2) of this section shall be deposited into the highway safety fund, except that for each vehicle registered by a county auditor or agent to a county auditor under RCW 46.01.140, the proceeds shall be credited to the current county expense fund.
NEW SECTION. Sec. 206. A new section is added to chapter 46.68 RCW to read as follows:
The freight mobility account is created in the state treasury. Money in the account may be spent only after appropriation. Expenditures from the account may be used only for the purpose of roadway improvement projects to facilitate freight movement.
PART III - FUEL TAX
Sec. 301. RCW 82.36.025 and 1999 c 269 s 16 and 1999 c 94 s 29 are each reenacted and amended to read as follows:
(1) A motor vehicle fuel tax rate of twenty-three cents per gallon ((shall apply)) applies to the sale, distribution, or use of motor vehicle fuel.
(2) Beginning July 1, 2002, an additional and cumulative motor fuel tax rate of five cents per gallon applies to the sale, distribution, or use of motor vehicle fuel.
(3) Beginning July 1, 2003, an additional and cumulative motor vehicle fuel tax rate of four cents per gallon applies to the sale, distribution, or use of motor vehicle fuel.
Sec. 302. RCW 82.38.030 and 2001 c 270 s 6 are each amended to read as follows:
(1) There is hereby levied and imposed upon special fuel users a tax at the rate ((computed in the manner provided in RCW 82.36.025 on each)) of twenty-three cents per gallon of special fuel, or each one hundred cubic feet of compressed natural gas, measured at standard pressure and temperature.
(2) Beginning July 1, 2002, an additional and cumulative tax rate of five cents per gallon of special fuel, or each one hundred cubic feet of compressed natural gas, measured at standard pressure and temperature shall be imposed on special fuel users.
(3) Beginning July 1, 2003, an additional and cumulative special fuel tax rate of four cents per gallon of special fuel, or each one hundred cubic feet of compressed natural gas, measured at standard pressure and temperature shall be imposed on special fuel users.
(4) The tax is imposed ((by subsection (1) of this section is imposed)) when:
(a) Special fuel is removed in this state from a terminal if the special fuel is removed at the rack unless the removal is to a licensed exporter for direct delivery to a destination outside of the state, or the removal is to a special fuel distributor for direct delivery to an international fuel tax agreement licensee under RCW 82.38.320;
(b) Special fuel is removed in this state from a refinery if either of the following applies:
(i) The removal is by bulk transfer and the refiner or the owner of the special fuel immediately before the removal is not a licensee; or
(ii) The removal is at the refinery rack unless the removal is to a licensed exporter for direct delivery to a destination outside of the state, or the removal is to a special fuel distributor for direct delivery to an international fuel tax agreement licensee under RCW 82.38.320;
(c) Special fuel enters into this state for sale, consumption, use, or storage if either of the following applies:
(i) The entry is by bulk transfer and the importer is not a licensee; or
(ii) The entry is not by bulk transfer;
(d) Special fuel is sold or removed in this state to an unlicensed entity unless there was a prior taxable removal, entry, or sale of the special fuel;
(e) Blended special fuel is removed or sold in this state by the blender of the fuel. The number of gallons of blended special fuel subject to tax is the difference between the total number of gallons of blended special fuel removed or sold and the number of gallons of previously taxed special fuel used to produce the blended special fuel;
(f) Dyed special fuel is used on a highway, as authorized by the internal revenue code, unless the use is exempt from the special fuel tax;
(g) Special fuel purchased by an international fuel tax agreement licensee under RCW 82.38.320 is used on a highway; and
(h) Special fuel is sold by a licensed special fuel supplier to a special fuel distributor, special fuel importer, or special fuel blender and the special fuel is not removed from the bulk transfer-terminal system.
(((3))) (5) The tax imposed by this chapter, if required to be collected by the licensee, is held in trust by the licensee until paid to the department, and a licensee 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 is guilty of a felony, or gross misdemeanor in accordance with the theft and anticipatory provisions of Title 9A RCW. A person, partnership, corporation, or corporate officer who fails to collect the tax imposed by this section, or who has collected the tax and fails to pay it to the department in the manner prescribed by this chapter, is personally liable to the state for the amount of the tax.
Sec. 303. RCW 46.68.090 and 1999 c 269 s 2 and 1999 c 94 s 6 are each reenacted and amended to read as follows:
(1) All moneys that have accrued or may accrue to the motor vehicle fund from the motor vehicle fuel tax and special fuel tax shall be first expended for purposes enumerated in (a) and (b) of this subsection. The remaining net tax amount shall be distributed monthly by the state treasurer in ((the proportions set forth in (c) through (l))) accordance with subsections (2), (3), and (4) of this ((subsection)) section.
(a) For payment of refunds of motor vehicle fuel tax and special fuel tax that has been paid and is refundable as provided by law;
(b) For payment of amounts to be expended pursuant to appropriations for the administrative expenses of the offices of state treasurer, state auditor, and the department of licensing of the state of Washington in the administration of the motor vehicle fuel tax and the special fuel tax, which sums shall be distributed monthly((;)).
(2) All of the remaining net tax amount collected under RCW 82.36.025(1) and 82.38.030(1) shall be distributed as set forth in (a) through (j) of this subsection.
(((c))) (a) For distribution to the motor vehicle fund an amount equal to 44.387 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1) to be expended for highway purposes of the state as defined in RCW 46.68.130;
(((d))) (b) For distribution to the special category C account, hereby created in the motor vehicle fund, an amount equal to 3.2609 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1) to be expended for special category C projects. Special category C projects are category C projects that, due to high cost only, will require bond financing to complete construction.
The following criteria, listed in order of priority, shall be used in determining which special category C projects have the highest priority:
(i) Accident experience;
(ii) Fatal accident experience;
(iii) Capacity to move people and goods safely and at reasonable speeds without undue congestion; and
(iv) Continuity of development of the highway transportation network.
Moneys deposited in the special category C account in the motor vehicle fund may be used for payment of debt service on bonds the proceeds of which are used to finance special category C projects under this subsection (((1)(d))) (2)(b);
(((e))) (c) For distribution to the Puget Sound ferry operations account in the motor vehicle fund an amount equal to 2.3283 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1);
(((f))) (d) For distribution to the Puget Sound capital construction account in the motor vehicle fund an amount equal to 2.3726 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1);
(((g))) (e) For distribution to the urban arterial trust account in the motor vehicle fund an amount equal to 7.5597 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1);
(((h))) (f) For distribution to the transportation improvement account in the motor vehicle fund an amount equal to 5.6739 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1) and expended in accordance with RCW 47.26.086;
(((i))) (g) For distribution to the cities and towns from the motor vehicle fund an amount equal to 10.6961 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1) in accordance with RCW 46.68.110;
(((j))) (h) For distribution to the counties from the motor vehicle fund an amount equal to 19.2287 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1): (i) Out of which there shall be distributed from time to time, as directed by the department of transportation, those sums as may be necessary to carry out the provisions of RCW 47.56.725; and (ii) less any amounts appropriated to the county road administration board to implement the provisions of RCW 47.56.725(4), with the balance of such county share to be distributed monthly as the same accrues for distribution in accordance with RCW 46.68.120;
(((k))) (i) For distribution to the county arterial preservation account, hereby created in the motor vehicle fund an amount equal to 1.9565 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1). These funds shall be distributed by the county road administration board to counties in proportions corresponding to the number of paved arterial lane miles in the unincorporated area of each county and shall be used for improvements to sustain the structural, safety, and operational integrity of county arterials. The county road administration board shall adopt reasonable rules and develop policies to implement this program and to assure that a pavement management system is used;
(((l))) (j) For distribution to the rural arterial trust account in the motor vehicle fund an amount equal to 2.5363 percent of the net tax amount collected under RCW 82.36.025(1) and 82.38.030(1) and expended in accordance with RCW 36.79.020.
(((2))) (3) 100 percent of the net tax amount collected under RCW 82.36.025(2) and 82.38.030(2) shall be distributed as follows:
(a) 4.3366 percent shall be distributed to cities and towns in accordance with RCW 46.68.110(6).
(b) 4.3366 percent shall be distributed to counties in accordance with RCW 46.68.120.
(c) 91.3268 percent shall be distributed to the motor vehicle account.
(4) 100 percent of the net tax amount collected under RCW 82.36.025(3) and 82.38.030(3) shall be distributed to the motor vehicle account.
(5) Nothing in this section or in RCW 46.68.130 may be construed so as to violate any terms or conditions contained in any highway construction bond issues now or hereafter authorized by statute and whose payment is by such statute pledged to be paid from any excise taxes on motor vehicle fuel and special fuels.
Sec. 304. RCW 46.68.110 and 1999 c 269 s 3 and 1999 c 94 s 9 are each reenacted and amended to read as follows:
Funds credited to the incorporated cities and towns of the state as set forth in RCW 46.68.090(((1)(i))) shall be subject to deduction and distribution as follows:
(1) One and one-half percent of such sums distributed under RCW 46.68.090 (2)(g) and (3) shall be deducted monthly as such sums are credited and set aside for the use of the department of transportation for the supervision of work and expenditures of such incorporated cities and towns on the city and town streets thereof, including the supervision and administration of federal-aid programs for which the department of transportation has responsibility: PROVIDED, That any moneys so retained and not expended shall be credited in the succeeding biennium to the incorporated cities and towns in proportion to deductions herein made;
(2) Thirty-three one-hundredths of one percent of such funds distributed under RCW 46.68.090 (2)(g) and (3) shall be deducted monthly, as such funds accrue, and set aside for the use of the department of transportation for the purpose of funding the cities' share of the costs of highway jurisdiction studies and other studies. Any funds so retained and not expended shall be credited in the succeeding biennium to the cities in proportion to the deductions made;
(3) One percent of such funds distributed under RCW 46.68.090(2)(g) shall be deducted monthly, as such funds accrue, to be deposited in the urban arterial trust account, to implement the city hardship assistance program, as provided in RCW 47.26.164. However, any moneys so retained and not required to carry out the program as of July 1st of each odd-numbered year thereafter, shall be provided within sixty days to the treasurer and distributed in the manner prescribed in subsection (5) of this section;
(4) After making the deductions under subsections (1) through (3) of this section and RCW 35.76.050, 31.86 percent of the fuel tax distributed to the cities and towns in RCW 46.68.090(((1)(i))) (2)(g) shall be allocated monthly as the funds accrue to the incorporated cities and towns ((in the manner set forth in subsection (5) of this section and subject to deductions in subsections (1), (2), and (3) of this section, subject to RCW 35.76.050, to)) of the state ratably on the basis of the population as last determined by the office of financial management. Funds shall be used exclusively for: The construction, improvement, chip sealing, seal-coating, and repair for arterial highways and city streets as those terms are defined in RCW 46.04.030 and 46.04.120; the maintenance of arterial highways and city streets for those cities with a population of less than fifteen thousand; or the payment of any municipal indebtedness which may be incurred in the construction, improvement, chip sealing, seal-coating, and repair of arterial highways and city streets; ((and))
(5) The ((balance)) remaining ((to the credit of incorporated cities and towns after such deduction)) funds not distributed under subsection (4) of this section shall be apportioned monthly as such funds accrue among the ((several)) incorporated cities and towns within the state ratably on the basis of the population last determined by the office of financial management; and
(6) After making the deductions under subsections (1) and (2) of this section and RCW 35.76.050, one hundred percent of the funds distributed to the cities and towns in RCW 46.68.090(3)(a) shall be allocated monthly as such funds accrue to the incorporated cities and towns of the state with populations over ten thousand persons, ratably on the basis of population as last determined by the office of financial management.
NEW SECTION. Sec. 305. A new section is added to chapter 47.26 RCW to read as follows:
As part of the matching funds requirements under RCW 47.26.270, the transportation improvement board shall require a city or town receiving funds under RCW 46.68.110(6) to use a portion of these funds, as determined by the board by rule, for the purpose of matching a portion of the corridor grant money allocated to the city or town by the board under this chapter.
Sec. 306. RCW 82.38.035 and 2001 c 270 s 7 are each amended to read as follows:
(1) A licensed supplier shall remit tax on special fuel to the department as provided in RCW 82.38.030(((2))) (4)(a). On a two-party exchange, or buy-sell agreement between two licensed suppliers, the receiving exchange partner or buyer shall remit the tax.
(2) A refiner shall remit tax to the department on special fuel removed from a refinery as provided in RCW 82.38.030(((2))) (4)(b).
(3) An importer shall remit tax to the department on special fuel imported into this state as provided in RCW 82.38.030(((2))) (4)(c).
(4) A blender shall remit tax to the department on the removal or sale of blended special fuel as provided in RCW 82.38.030(((2))) (4)(e).
(5) A dyed special fuel user shall remit tax to the department on the use of dyed special fuel as provided in RCW 82.38.030(((2))) (4)(f).
Sec. 307. RCW 82.38.045 and 1998 c 176 s 54 are each amended to read as follows:
A terminal operator is jointly and severally liable for remitting the tax imposed under RCW 82.38.030(((1))) if, at the time of removal:
(1) The position holder with respect to the special fuel is a person other than the terminal operator and is not a licensee;
(2) The terminal operator is not a licensee;
(3) The position holder has an expired internal revenue service notification certificate issued under chapter 26, C.F.R. Part 48; or
(4) The terminal operator had reason to believe that information on the notification certificate was false.
Sec. 308. RCW 82.38.047 and 1998 c 176 s 55 are each amended to read as follows:
A terminal operator is jointly and severally liable for remitting the tax imposed under RCW 82.38.030(((1))) if, in connection with the removal of special fuel that is not dyed or marked in accordance with internal revenue service requirements, the terminal operator provides a person with a bill of lading, shipping paper, or similar document indicating that the special fuel is dyed or marked in accordance with internal revenue service requirements.
Sec. 309. RCW 82.38.075 and 1983 c 212 s 1 are each amended to read as follows:
In order to encourage the use of nonpolluting fuels, an annual license fee in lieu of the tax imposed by RCW 82.38.030 shall be imposed upon the use of natural gas as defined in this chapter or on liquified petroleum gas, commonly called propane, which is used in any motor vehicle, as defined in RCW 46.04.320, which shall be based upon the following schedule as adjusted by the formula set out below:
VEHICLE TONNAGE (GVW) FEE
0 - 6,000 $ 45
6,001 - 10,000 $ 45
10,001 - 18,000 $ 80
18,001 - 28,000 $110
28,001 - 36,000 $150
36,001 and above $250
To determine the actual annual license fee imposed by this section for a registration year, the appropriate dollar amount set out in the above schedule shall be multiplied by the ((motor vehicle)) special fuel tax rate in cents per gallon as established by RCW ((82.36.025)) 82.38.030 effective on July 1st of the preceding calendar year and the product thereof shall be divided by 12 cents.
The department of licensing, in addition to the foregoing fee, shall charge a further fee of five dollars as a handling charge for each license issued.
The director of licensing shall be authorized to prorate the vehicle tonnage fee so that the annual license required by this section will correspond with the staggered vehicle licensing system.
A decal or other identifying device issued upon payment of these annual fees shall be displayed as prescribed by the department as authority to purchase this fuel.
Persons selling or dispensing natural gas or propane may not sell or dispense this fuel for their own use or the use of others into tanks of vehicles powered by this fuel which do not display a valid decal or other identifying device as provided in this section.
Vehicles registered in jurisdictions outside the state of Washington are exempt from this section.
Any person selling or dispensing natural gas or propane into the tank of a motor vehicle powered by this fuel, except as prescribed in this chapter, is subject to the penalty provisions of this chapter.
Sec. 310. RCW 46.09.170 and 1995 c 166 s 9 are each amended to read as follows:
(1) From time to time, but at least once each year, the state treasurer shall refund from the motor vehicle fund one percent of the motor vehicle fuel tax revenues collected under chapter 82.36 RCW, based on the tax rate in effect January 1, ((1990)) 2001, less proper deductions for refunds and costs of collection as provided in RCW 46.68.090. The treasurer shall place these funds in the general fund as follows:
(a) Forty percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of natural resources solely for planning, maintenance, and management of ORV recreation facilities, nonhighway roads, and nonhighway road recreation facilities. The funds under this subsection shall be expended in accordance with the following limitations:
(i) Not more than five percent may be expended for information programs under this chapter;
(ii) Not less than ten percent and not more than fifty percent may be expended for ORV recreation facilities;
(iii) Not more than twenty-five percent may be expended for maintenance of nonhighway roads;
(iv) Not more than fifty percent may be expended for nonhighway road recreation facilities;
(v) Ten percent shall be transferred to the interagency committee for outdoor recreation for grants to law enforcement agencies in those counties where the department of natural resources maintains ORV facilities. This amount is in addition to those distributions made by the interagency committee for outdoor recreation under (d)(i) of this subsection;
(b) Three and one-half percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of fish and wildlife solely for the acquisition, planning, development, maintenance, and management of nonhighway roads and recreation facilities;
(c) Two percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and recreation commission solely for the maintenance and management of ORV use areas and facilities; and
(d) Fifty-four and one-half percent, together with the funds received by the interagency committee for outdoor recreation under RCW 46.09.110, shall be credited to the nonhighway and off-road vehicle activities program account to be administered by the committee for planning, acquisition, development, maintenance, and management of ORV recreation facilities and nonhighway road recreation facilities; ORV user education and information; and ORV law enforcement programs. The expenditures in this subsection (1)(d) shall be calculated on the motor vehicle fuel tax in effect January 1, 1990, until this subsection (1)(d) is amended to reflect the findings of the recreational fuel use study provided in section 346, chapter 8, Laws of 2001 2nd sp. sess. The funds under this subsection shall be expended in accordance with the following limitations:
(i) Not more than twenty percent may be expended for ORV education, information, and law enforcement programs under this chapter;
(ii) Not less than an amount equal to the funds received by the interagency committee for outdoor recreation under RCW 46.09.110 and not more than sixty percent may be expended for ORV recreation facilities;
(iii) Not more than twenty percent may be expended for nonhighway road recreation facilities.
(2) On a yearly basis an agency may not, except as provided in RCW 46.09.110, expend more than ten percent of the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.
Sec. 311. RCW 46.10.170 and 1994 c 262 s 4 are each amended to read as follows:
From time to time, but at least once each four years, the department shall determine the amount of moneys paid to it as motor vehicle fuel tax that is tax on snowmobile fuel. Such determination shall use one hundred thirty-five gallons as the average yearly fuel usage per snowmobile, the number of registered snowmobiles during the calendar year under determination, and the fuel tax rate in effect January 1, ((1990)) 2001.
Sec. 312. RCW 79A.25.070 and 2000 c 11 s 73 are each amended to read as follows:
Upon expiration of the time limited by RCW 82.36.330 for claiming of refunds of tax on marine fuel, the state of Washington shall succeed to the right to such refunds. The director of licensing, after taking into account past and anticipated claims for refunds from and deposits to the marine fuel tax refund account and the costs of carrying out the provisions of RCW 79A.25.030, shall request the state treasurer to transfer monthly from the marine fuel tax refund account an amount equal to the proportion of the moneys in the account representing the motor vehicle fuel tax rate under RCW 82.36.025 in effect on January 1, ((1990)) 2001, to the recreation resource account and the remainder to the motor vehicle fund.
PART IV - SALES AND USE TAXES
Sec. 401. RCW 82.08.020 and 2000 2nd sp.s. c 4 s 1 are each amended to read as follows:
(1) There is levied and there shall be collected a tax on each retail sale in this state equal to six and five-tenths percent of the selling price.
(2) There is levied and there shall be collected an additional tax on each retail car rental, regardless of whether the vehicle is licensed in this state, equal to five and nine-tenths percent of the selling price. The revenue collected under this subsection shall be deposited in the multimodal transportation account created in RCW 47.66.070.
(3) Beginning July 1, 2002, there is levied and collected an additional tax of one percent of the selling price on each retail sale of a motor vehicle in this state, other than retail car rentals taxed under subsection (2) of this section.
(4) For purposes of subsection (3) of this section, "motor vehicle" has the meaning provided in RCW 46.04.320, but does not include farm tractors or farm vehicles as defined in RCW 46.04.180 and 46.04.181, off-road and nonhighway vehicles as defined in RCW 46.09.020, and snowmobiles as defined in RCW 46.10.010.
(5) The revenue collected under subsection (3) of this section must be deposited into the multimodal transportation account under RCW 47.66.070.
(6) The taxes imposed under this chapter shall apply to successive retail sales of the same property.
(((4))) (7) The rates provided in this section apply to taxes imposed under chapter 82.12 RCW as provided in RCW 82.12.020.
Sec. 402. RCW 82.12.020 and 1999 c 358 s 9 are each amended to read as follows:
(1) There is hereby levied and there shall be collected from every person in this state a tax or excise for the privilege of using within this state as a consumer: (a) Any article of tangible personal property purchased at retail, or acquired by lease, gift, repossession, or bailment, or extracted or produced or manufactured by the person so using the same, or otherwise furnished to a person engaged in any business taxable under RCW 82.04.280 (2) or (7); or (b) any canned software, regardless of the method of delivery, but excluding canned software that is either provided free of charge or is provided for temporary use in viewing information, or both.
(2) This tax shall apply to the use of every service defined as a retail sale in RCW 82.04.050(3)(a) and the use of every article of tangible personal property, including property acquired at a casual or isolated sale, and including byproducts used by the manufacturer thereof, except as hereinafter provided, irrespective of whether the article or similar articles are manufactured or are available for purchase within this state.
(3) Except as provided in RCW 82.12.0252, payment by one purchaser or user of tangible personal property or service of the tax imposed by chapter 82.08 or 82.12 RCW shall not have the effect of exempting any other purchaser or user of the same property or service from the taxes imposed by such chapters.
(4) The tax shall be levied and collected in an amount equal to the value of the article used by the taxpayer multiplied by the rates in effect for the retail sales tax under RCW 82.08.020.
Sec. 403. RCW 82.12.045 and 1996 c 149 s 19 are each amended to read as follows:
(1) In the collection of the use tax on motor vehicles, the department of revenue may designate the county auditors of the several counties of the state as its collecting agents. Upon such designation, it shall be the duty of each county auditor to collect the tax at the time an applicant applies for the registration of, and transfer of title to, the motor vehicle, except in the following instances:
(a) Where the applicant exhibits a dealer's report of sale showing that the retail sales tax has been collected by the dealer;
(b) Where the application is for the renewal of registration;
(c) Where the applicant presents a written statement signed by the department of revenue, or its duly authorized agent showing that no use tax is legally due; or
(d) Where the applicant presents satisfactory evidence showing that the retail sales tax or the use tax has been paid by ((him)) the applicant on the vehicle in question.
(2) The term "motor vehicle," as used in this section means and includes all motor vehicles, trailers and semitrailers used, or of a type designed primarily to be used, upon the public streets and highways, for the convenience or pleasure of the owner, or for the conveyance, for hire or otherwise, of persons or property, including fixed loads, facilities for human habitation, and vehicles carrying exempt licenses.
(3) It shall be the duty of every applicant for registration and transfer of certificate of title who is subject to payment of tax under this section to declare upon ((his)) the application the value of the vehicle for which application is made, which shall consist of the consideration paid or contracted to be paid therefor.
(4) Each county auditor who acts as agent of the department of revenue shall at the time of remitting license fee receipts on motor vehicles subject to the provisions of this section pay over and account to the state treasurer for all use tax revenue collected under this section, after first deducting as ((his)) a collection fee the sum of two dollars for each motor vehicle upon which the tax has been collected. All revenue received by the state treasurer under this section shall be credited to the general fund. The auditor's collection fee shall be deposited in the county current expense fund. A duplicate of the county auditor's transmittal report to the state treasurer shall be forwarded forthwith to the department of revenue.
(5) Any applicant who has paid use tax to a county auditor under this section may apply to the department of revenue for refund thereof if he or she has reason to believe that such tax was not legally due and owing. No refund shall be allowed unless application therefor is received by the department of revenue within the statutory period for assessment of taxes, penalties, or interest prescribed by RCW 82.32.050(3). Upon receipt of an application for refund the department of revenue shall consider the same and issue its order either granting or denying it and if refund is denied the taxpayer shall have the right of appeal as provided in RCW 82.32.170, 82.32.180 and 82.32.190.
(6) The provisions of this section shall be construed as cumulative of other methods prescribed in chapters 82.04 to 82.32 RCW, inclusive, for the collection of the tax imposed by this chapter. The department of revenue shall have power to promulgate such rules as may be necessary to administer the provisions of this section. Any duties required by this section to be performed by the county auditor may be performed by the director of licensing but no collection fee shall be deductible by said director in remitting use tax revenue to the state treasurer.
(7) The use tax revenue collected on the rate provided in RCW 82.08.020(3) will be deposited in the multimodal transportation account under RCW 47.66.070.
NEW SECTION. Sec. 404. A new section is added to chapter 43.135 RCW to read as follows:
A transfer from the general fund to the multimodal transportation account under section 405 of this act for taxes collected under chapters 82.08 and 82.12 RCW on new construction projects within the improvement program in RCW 47.05.030(2), does not require a corresponding lowering of the state expenditure limit to reflect this shift for purposes of RCW 43.135.035(4).
NEW SECTION. Sec. 405. A new section is added to chapter 82.32 RCW to read as follows:
(1) Effective for taxes collected in fiscal year 2006, the tax imposed and collected under chapters 82.08 and 82.12 RCW, less any credits allowed under chapter 82.14 RCW, on construction projects within the improvement program in RCW 47.05.030(2), except for those projects related to safety and environmental retrofit, shall be transferred from the general fund to the multimodal transportation account once each year as described by subsection (3) of this section.
(2) This transaction is exempt from the requirements in RCW 43.135.035(4).
(3) Government entities conducting construction projects within the improvement program in RCW 47.05.030(2), except for those projects related to safety and environmental retrofit, shall report to the department by August 1st of each year the amount of state sales or use tax attributable to the projects identified in this section from the previous fiscal year for purposes of transfer to the multimodal transportation account. The department shall notify the state treasurer of the amount of the transfer by September 30th of each year.
PART V - MISCELLANEOUS
NEW SECTION. Sec. 501. 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. 502. Part headings used in this act do not constitute any part of the law."
MOTION
Senator Benton moved that the following amendment by Senators Haugen, Benton, Zarelli and Johnson to the striking amendment by Senators Haugen, Jacobsen, McDonald, Horn, Benton and Gardner be adopted:
On page 29, after line 24, insert the following: "NEW SECTION. Sec. 503. NULL AND VOID. This act is null and void if a transportation expenditure bill based on the revenue provided in this act does not become law by December 31, 2002."
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 Haugen, Benton, Zarelli and Johnson on page 29, after line 24, to the striking amendment by Senators Haugen, Jacobsen, McDonald, Horn, Benton and Gardner to Engrossed Substitute House Bill NO. 2969.
The motion by Senator Benton carried and the amendment to the striking amendment was adopted.
MOTION
Senator Benton moved that the following amendment by Senators Benton, Hale, Johnson, Sheldon, T. Long, Roach, McCaslin, West, Swecker, Zarelli, Parlette, Rasmussen and Eide to the striking amendment by Senators Haugen, Jacobsen, McDonald, Horn, Benton and Gardner be adopted:
On page 29, after line 24, insert the following:
"PART VI - REFERENDUM
NEW SECTION. Sec.601. (1) The secretary of state shall submit this act, except for sections 102 through 120 to the people for their adoption and ratification, or rejection, at a special election to be held in this state on or before June 20, 2002, in accordance with Article II, section 1 of the state Constitution and the laws adopted to facilitate its operation. The special election shall be limited to submission of this act to the people.
(2) If the people ratify this act, excluding sections 102 through 120, revenues generated shall be spent as detailed in a transportation appropriations act specifically making appropriations from this revenue, as enacted by the legislature.
(3) Pursuant to RCW 29.79.035 the statement of subject on the ballot title shall read: "The legislature has passed House Bill No. 2969, financing transportation improvements through transportation fees and taxes". The concise description on the ballot title shall read: "This bill would improve highway capacity, public transportation, passenger and freight rail, and transportation financing accountability through increased weight fees on trucks and large vehicles, fuel excise taxes, and sales tax on vehicles".
(4) The attorney general shall prepare the explanatory statement required by RCW 29.81.250 and transmit that statement regarding the referendum to the secretary of state no later than the last Monday of April before the special election.
(5) The secretary of state shall prepare and distribute a voters' pamphlet addressing this referendum measure following the procedures and requirements of chapter 29.81 RCW, except that the secretary of state may establish different deadlines for the appointment of committees to draft arguments for and against the referendum, for submitting arguments for and against the referendum, and for submitting rebuttal statements of arguments for and against the referendum.
(6) A county auditor may conduct the voting at this special election in all precincts of the county by mail using the procedures set forth in chapter 29.36 RCW.
(7) Notwithstanding the provisions of RCW 29.62.020, the county canvassing board in each county shall canvass and certify the votes cast at this special election in that county to the secretary of state no later than the seventh day following the election. Notwithstanding the provisions of RCW 29.62.120, the secretary of state shall canvass and certify the returns from the counties no later than the ninth day following the special election.
(8) The secretary of state shall reimburse each county for the cost of conducting the special election in that county in the same manner as state primary and general election costs are reimbursed under RCW 29.13.047 (1) and (3).
NEW SECTION. Sec. 602. If House Bill No. 2969, as enacted by the legislature, is not ratified by the voters by June 20, 2002 sections 102 through 120 of this act are null and void.
NEW SECTION. Sec. 603. Section 601 of this act is necessary for the immediate preservation of the public peace, health, or safety , or support of the state government and its existing public institutions, and takes effect immediately."
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 Benton, Hale, Johnson, Sheldon, T., Long, Roach, McCaslin, West, Swecker, Zarelli, Parlette, Rasmussen and Eide to the striking amendment by Senators Haugen, Jacobsen, McDonald, Horn, Benton and Gardner to Engrossed Substitute House Bill No. 2969.
The motion by Senator Benton failed and the amendment to the striking amendment was not adopted.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Haugen, Jacobsen, McDonald, Horn, Benton and Gardner, as amended, to Engrossed Substitute House Bill No. 2969.
The motion by Senator Haugen carried and the striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 1 of the title, after "financing;" strike the remainder of the title and insert "amending RCW 44.40.010, 44.40.013, 44.40.015, 44.40.020, 44.40.025, 44.40.030, 44.40.040, 44.40.070, 44.40.090, 44.40.100, 44.40.140, 44.40.150, 46.16.0621, 46.16.070, 46.68.035, 46.16.071, 82.38.030, 82.38.035, 82.38.045, 82.38.047, 82.38.075, 46.09.170, 46.10.170, 79A.25.070, 82.08.020, 82.12.020, and 82.12.045; reenacting and amending RCW 82.36.025, 46.68.090, and 46.68.110; adding new sections to chapter 44.40 RCW; adding a new section to chapter 46.04 RCW; adding a new section to chapter 46.68 RCW; adding a new section to chapter 47.26 RCW; adding a new section to chapter 43.135 RCW; adding a new section to chapter 82.32 RCW; and creating a new section."
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute House Bill No. 2969, 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. 2969, as amended by the Senate.
Further debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2969, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 34; Nays, 15; Absent, 0; Excused, 0.
Voting yea: Senators Brown, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Horn, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, McDonald, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Shin, Snyder, Spanel, Swecker, Thibaudeau, West and Winsley - 34.
Voting nay: Senators Benton, Deccio, Hargrove, Hochstatter, Honeyford, Johnson, Long, McCaslin, Morton, Roach, Rossi, Sheahan, Sheldon, T., Stevens and Zarelli - 15.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2969, 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. 6785, by Senators Brown, Poulsen, Rasmussen and Roach
Eliminating Washington estate taxes and estates with no federal tax liability
MOTION
On motion of Senator Brown, Substitute Senate Bill No. 6785 was substituted for Senate Bill No. 6785 and the substitute bill was placed on the second reading calendar and read the second time.
PARLIAMENTARY INQUIRY
Senator Sheahan: “A parliamentary inquiry, Mr. President. There is a striking amendment on the desk. Do we do the striking amendment first or do we do other the amendment?”
REPLY BY THE PRESIDENT
President Owen: "Senator Sheahan, you prefect and then you strike.”
MOTION
Senator Tim Sheldon moved that the following amendment by Senators Rasmussen, and Tim Sheldon be adopted:
On page 3, after line 2, strike the remainder of the bill and insert the following:
"Sec. 2. RCW 83.100.020 and 2002 c -- s 1 (this act) are each amended to read as follows:
As used in this chapter:
(1) "Decedent" means a deceased individual;
(2) "Department" means the department of revenue, the director of that department, or any employee of the department exercising authority lawfully delegated to him by the director;
(3) "Federal credit" means: (a) For a transfer, the maximum amount of the credit for state taxes allowed by section 2011 of the Internal Revenue Code((, as amended or renumbered as of January 1, 2001: PROVIDED, That the federal credit shall not exceed the amount of the tax imposed by section 2001 of the Internal Revenue Code, as amended or renumbered as of January 1, 2002, reduced by the amount of the unified credit provided by section 2010 of the Internal Revenue Code, as amended or renumbered as of January 1, 2002, and if no such tax is so imposed, the federal credit shall be zero)); and (b) for a generation-skipping transfer, the maximum amount of the credit for state taxes allowed by section 2604 of the Internal Revenue Code;
(4) "Federal return" means any tax return required by chapter 11 or 13 of the Internal Revenue Code;
(5) "Federal tax" means (a) for a transfer, a tax under chapter 11 of the Internal Revenue Code; and (b) for a generation-skipping transfer, the tax under chapter 13 of the Internal Revenue Code;
(6) "Generation-skipping transfer" means a "generation-skipping transfer" as defined and used in section 2611 of the Internal Revenue Code;
(7) "Gross estate" means "gross estate" as defined and used in section 2031 of the Internal Revenue Code;
(8) "Nonresident" means a decedent who was domiciled outside Washington at his death;
(9) "Person" means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate, or other entity and, to the extent permitted by law, any federal, state, or other governmental unit or subdivision or agency, department, or instrumentality thereof;
(10) "Person required to file the federal return" means any person required to file a return required by chapter 11 or 13 of the Internal Revenue Code, such as the personal representative of an estate; or a transferor, trustee, or beneficiary of a generation-skipping transfer; or a qualified heir with respect to qualified real property, as defined and used in section 2032A(c) of the Internal Revenue Code;
(11) "Property" means (a) for a transfer, property included in the gross estate; and (b) for a generation-skipping transfer, all real and personal property subject to the federal tax;
(12) "Resident" means a decedent who was domiciled in Washington at time of death;
(13) "Transfer" means "transfer" as used in section 2001 of the Internal Revenue Code, or a disposition or cessation of qualified use as defined and used in section 2032A(c) of the Internal Revenue Code;
(14) "Trust" means "trust" under Washington law and any arrangement described in section 2652 of the Internal Revenue Code; and
(15) "Internal Revenue Code" means, for the purposes of this chapter and RCW 83.110.010, the United States Internal Revenue Code of 1986, as amended or renumbered as of January 1, ((2002, except as otherwise provided in this chapter)) 2001.
"NEW SECTION. Sec. 2. Section 1 of this act applies to decedents dying on or after January 1, 2002. Section 2 of this act applies to decedents dying on or after July 1, 2003.
NEW SECTION. Sec. 4. Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately and applies retroactively to January 1, 2002. Section 2 of this act takes effect July 1, 2003."
Debate ensued.
The President declared the question before the Senate to be the adoption of the amendment by Senators Tim Sheldon and Rasmussen on page 3, line 2, to Substitute Senate Bill No. 6785,
The motion by Senator Tim Sheldon carried and the amendment was adopted.
MOTION
Senator Sheahan moved that the following striking amendment by Senators Sheahan and Johnson be adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 11.02.005 and 2001 c 320 s 1 are each amended to read as follows:
When used in this title, unless otherwise required from the context:
(1) "Personal representative" includes executor, administrator, special administrator, and guardian or limited guardian and special representative.
(2) "Net estate" refers to the real and personal property of a decedent exclusive of homestead rights, exempt property, the family allowance and enforceable claims against, and debts of, the deceased or the estate.
(3) "Representation" refers to a method of determining distribution in which the takers are in unequal degrees of kinship with respect to the intestate, and is accomplished as follows: After first determining who, of those entitled to share in the estate, are in the nearest degree of kinship, the estate is divided into equal shares, the number of shares being the sum of the number of persons who survive the intestate who are in the nearest degree of kinship and the number of persons in the same degree of kinship who died before the intestate but who left issue surviving the intestate; each share of a deceased person in the nearest degree shall be divided among those of the deceased person's issue who survive the intestate and have no ancestor then living who is in the line of relationship between them and the intestate, those more remote in degree taking together the share which their ancestor would have taken had he or she survived the intestate. Posthumous children are considered as living at the death of their parent.
(4) "Issue" includes all the lawful lineal descendants of the ancestor and all lawfully adopted children.
(5) "Degree of kinship" means the degree of kinship as computed according to the rules of the civil law; that is, by counting upward from the intestate to the nearest common ancestor and then downward to the relative, the degree of kinship being the sum of these two counts.
(6) "Heirs" denotes those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on the decedent's death intestate.
(7) "Real estate" includes, except as otherwise specifically provided herein, all lands, tenements, and hereditaments, and all rights thereto, and all interest therein possessed and claimed in fee simple, or for the life of a third person.
(8) "Will" means an instrument validly executed as required by RCW 11.12.020.
(9) "Codicil" means a will that modifies or partially revokes an existing earlier will. A codicil need not refer to or be attached to the earlier will.
(10) "Guardian" or "limited guardian" means a personal representative of the person or estate of an incompetent or disabled person as defined in RCW 11.88.010 and the term may be used in lieu of "personal representative" wherever required by context.
(11) "Administrator" means a personal representative of the estate of a decedent and the term may be used in lieu of "personal representative" wherever required by context.
(12) "Executor" means a personal representative of the estate of a decedent appointed by will and the term may be used in lieu of "personal representative" wherever required by context.
(13) "Special administrator" means a personal representative of the estate of a decedent appointed for limited purposes and the term may be used in lieu of "personal representative" wherever required by context.
(14) "Trustee" means an original, added, or successor trustee and includes the state, or any agency thereof, when it is acting as the trustee of a trust to which chapter 11.98 RCW applies.
(15) "Nonprobate asset" means those rights and interests of a person having beneficial ownership of an asset that pass on the person's death under a written instrument or arrangement other than the person's will. "Nonprobate asset" includes, but is not limited to, a right or interest passing under a joint tenancy with right of survivorship, joint bank account with right of survivorship, payable on death or trust bank account, transfer on death security or security account, deed or conveyance if possession has been postponed until the death of the person, trust of which the person is grantor and that becomes effective or irrevocable only upon the person's death, community property agreement, individual retirement account or bond, or note or other contract the payment or performance of which is affected by the death of the person. "Nonprobate asset" does not include: A payable-on-death provision of a life insurance policy, annuity, or other similar contract, or of an employee benefit plan; a right or interest passing by descent and distribution under chapter 11.04 RCW; a right or interest if, before death, the person has irrevocably transferred the right or interest, the person has waived the power to transfer it or, in the case of contractual arrangement, the person has waived the unilateral right to rescind or modify the arrangement; or a right or interest held by the person solely in a fiduciary capacity. For the definition of "nonprobate asset" relating to revocation of a provision for a former spouse upon dissolution of marriage or declaration of invalidity of marriage, RCW 11.07.010(5) applies. For the definition of "nonprobate asset" relating to revocation of a provision for a former spouse upon dissolution of marriage or declaration of invalidity of marriage, see RCW 11.07.010(5). For the definition of "nonprobate asset" relating to testamentary disposition of nonprobate assets, see RCW 11.11.010(7).
(16) "Internal Revenue Code" ((means the United States Internal Revenue Code of 1986, as amended or renumbered as of January 1, 2001)) is given the same meaning as provided in RCW 83.100.020.
(17) References to "section 2033A" of the Internal Revenue Code in wills, trust agreements, powers of appointment, beneficiary designations, and other instruments governed by or subject to this title shall be deemed to refer to the comparable or corresponding provisions of section 2057 of the Internal Revenue Code, as added by section 6006(b) of the Internal Revenue Service Restructuring Act of 1998 (H.R. 2676, P.L. 105-206); and references to the section 2033A "exclusion" shall be deemed to mean the section 2057 deduction.
Words that import the singular number may also be applied to the plural of persons and things.
Words importing the masculine gender only may be extended to females also.
Sec. 2. RCW 83.100.020 and 2001 c 320 s 15 are each amended to read as follows:
As used in this chapter:
(1) "Decedent" means a deceased individual;
(2) "Department" means the department of revenue, the director of that department, or any employee of the department exercising authority lawfully delegated to him by the director;
(3) "Federal credit" means (a) for a transfer, the maximum amount of the credit for state taxes allowed by section 2011 of the Internal Revenue Code; and (b) for a generation-skipping transfer, the maximum amount of the credit for state taxes allowed by section 2604 of the Internal Revenue Code;
(4) "Federal return" means any tax return required by chapter 11 or 13 of the Internal Revenue Code;
(5) "Federal tax" means (a) for a transfer, a tax under chapter 11 of the Internal Revenue Code; and (b) for a generation-skipping transfer, the tax under chapter 13 of the Internal Revenue Code;
(6) "Generation-skipping transfer" means a "generation-skipping transfer" as defined and used in section 2611 of the Internal Revenue Code;
(7) "Gross estate" means "gross estate" as defined and used in section 2031 of the Internal Revenue Code;
(8) "Nonresident" means a decedent who was domiciled outside Washington at his death;
(9) "Person" means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate, or other entity and, to the extent permitted by law, any federal, state, or other governmental unit or subdivision or agency, department, or instrumentality thereof;
(10) "Person required to file the federal return" means any person required to file a return required by chapter 11 or 13 of the Internal Revenue Code, such as the personal representative of an estate; or a transferor, trustee, or beneficiary of a generation-skipping transfer; or a qualified heir with respect to qualified real property, as defined and used in section 2032A(c) of the Internal Revenue Code;
(11) "Property" means (a) for a transfer, property included in the gross estate; and (b) for a generation-skipping transfer, all real and personal property subject to the federal tax;
(12) "Resident" means a decedent who was domiciled in Washington at time of death;
(13) "Transfer" means "transfer" as used in section 2001 of the Internal Revenue Code, or a disposition or cessation of qualified use as defined and used in section 2032A(c) of the Internal Revenue Code;
(14) "Trust" means "trust" under Washington law and any arrangement described in section 2652 of the Internal Revenue Code; and
(15) "Internal Revenue Code" means, for the purposes of this chapter and RCW 83.110.010, the United States Internal Revenue Code of 1986, as amended or renumbered as of January 1, ((2001)) 2002.
NEW SECTION. Sec. 3. Sections 1 and 2 of this act apply retroactively to January 1, 2002."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Sheahan and Johnson to Substitute Senate Bill No. 6785.
Further debate ensued.
Senator Sheahan 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 striking amendment by Senators Sheahan and Johnson to Substitute Senate Bill No. 6785.
ROLL CALL
The Secretary called the roll and the striking amendment was not adopted by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Carlson, Deccio, Finkbeiner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Long, McCaslin, McDonald, Morton, Oke, Parlette, Roach, Rossi, Sheahan, Stevens, Swecker, West, Winsley and Zarelli - 24.
Voting nay: Senators Brown, Costa, Eide, Fairley, Franklin, Fraser, Gardner, Hargrove, Haugen, Jacobsen, Kastama, Keiser, Kline, Kohl-Welles, McAuliffe, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel and Thibaudeau, - 25.
PARLIAMENTARY INQUIRY
Senator Sheahan: “A parliamentary inquiry, Mr. President. I would ask for a ruling on whether Substitute Senate Bill No. 6785 is properly before the body? It is not on the cutoff resolution and I would suggest that it is not necessary to implement the budget.”
MOTIONS
On motion of Senator Betti Sheldon, further consideration of Substitute Senate Bill No. 6785 was deferred.
On motion of Senator Betti Sheldon, the Senate reverted to the fifth order of business.
EDITOR’S NOTE: Substitute Senate Bill No. 6785 was not considered again and no ruling was made.
INTRODUCTION AND FIRST READING
SB 6842 By Senator Jacobsen
Increasing the sales and use tax temporarily.
Referred to Committee on Ways and Means.
SB 6843 By Senator Roach
Allowing nonprofit organizations to operate state parks that close due to lack of funding.
Referred to Committee on Natural Resources, Parks and Shorelines.
MOTION
At 3:56 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 7:34 p.m. by President Owen.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the third order of business.
MESSAGE FROM THE GOVERNOR
March 14, 2002
TO THE HONORABLE, THE SENATE AND HOUSE OF REPRESENTATIVES
OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
In compliance with the provision of Section II of Article III of the Constitution of the state of Washington, the Governor hereby submits his report of each case of reprieve, commutation or pardon that he has granted since the adjournment of the 2001 Third Special Session of the 57th Legislature, copy of which is attached.
Respectfully submitted,
EVERETT H. BILLINGSLEA, General Counsel
CONDITIONAL COMMUTATION
For
MICHELL MARIE CAREY
To All To Whom These Presents Shall Come, Greetings:
WHEREAS, on July 25, 1991, Michell Marie Carey, then age 20, and two of her roommates, Glen Manning and Robert Mansfield, had dinner with Janet Plueard at the home of James and Janet Plueard in the City of Renton, King County. The Plueards had been having marital difficulties, and for some time Janet Plueard had openly expressed that she wished her husband were dead, or would like to have him killed. Ms. Carey and her friends left the Plueard house at approximately 8:30 p.m., shortly after James Plueard arrived home. Later that night the three friends drove to a location about five minutes' walk from the Plueard house. Glen Manning, Ms. Carey's then-boyfriend, walked to the Plueard house and, using a .22 caliber pistol, executed James Plueard while he lay in his bed. He then returned to the truck, and Ms. Carey drove them all back home. Glen Manning had acquired the gun and ammunition some time earlier, and premeditated the murder. Later, Ms. Carey helped dispose of the gun.
WHEREAS, the three were charged with first degree murder and tried. However, the jury was hung as to the charge against Ms. Carey. It was not entirely clear how much Ms. Carey knew about Glen Manning's intent when he left the truck before the murder. It was apparent that in 1991 Ms. Carey was a needy and immature woman would go to great lengths to feel accepted. This crime was the sole criminal offense in her life. In consideration of those issues and the totality of the circumstances, the King County Prosecutor offered, and Ms. Carey accepted a plea agreement to second-degree murder, as an accomplice after the fact. Ms. Carey was sentenced by King County Superior Court Judge Ricardo S. Martinez to ten years and three months in prison, followed by two years of community supervision.
WHEREAS, Ms. Carey began serving her term on September 23, 1993, with credit for serving 27 days of confinement prior to sentencing. She remains incarcerated at Tacoma Pre-Release facility and has an earned release date of May 3, 2002. Ms. Carey has maintained an excellent record while incarcerated. She has not committed any major infractions of facility rules and has successfully completed several rehabilitation and job skills programs. She is currently employed as a clerk for the Corrections Clearing House at the Tacoma Pre-Release facility. She had developed excellent secretarial skills. She was married to her current husband in 1995 while incarcerated.
WHEREAS, Ms. Carey receives significant support from her family, both in Washington and Oregon. Her 86 hear old grandfather, Ralph Train, lives alone in southern Oregon and will require in-home assistance to remain living at home. Her 81 year old grandmother, Marita Train, resides in adult foster care in Oregon recovering from strokes. The Clemency and Pardons Board was advised by Ms. Train's medical professionals that she may soon be able to return home if Ms. Carey is available to provide full-time in-home care. The Department of Corrections believes that the responsibility of providing in-home care to her aging grandparents would be an excellent opportunity for Ms. Carey to transition back into society and continue to learn responsibility while she serves out her two years of community supervision. The state of Oregon has provisionally agreed to accept Ms. Carey pending completion of a formal interstate compact. Given these circumstances, the King County Prosecutor supports this humanitarian act.
WHEREAS, the Washington State Clemency and Pardons Board was convinced that Ms. Carey is deserving of an act of grace that will also benefit her aging grandparents, and has unanimously recommended that this action be taken.
WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, and in light of the circumstances I have determined that the best interests of justice will be served by this action;
NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, grant to Michell Marie Carey this Conditional Commutation, commute her sentence to a term of community custody not to exceed that imposed by the sentencing court (twenty-four months), and direct the Department of Corrections to promptly release her from prison, SUBJECT TO THE FOLLOWING CONDITIONS:
Ms. Carey shall:
1. Report to and be available for contact with the assigned community corrections officer as directed;
2. Work at Department of Corrections-approved education, employment, and/or community service;
3. Not consume controlled substances except pursuant to lawfully issued prescriptions;
4. While in community custody not unlawfully possess controlled substances;
5. Pay community placement fees as determined by the Department of Corrections;
6. Remain in residence at her grandparents' home in Oregon and in the geographic area identified by the Oregon Department of Corrections;
7. Notify both the Washington Department of Corrections and the Oregon Department of Corrections regarding any change in her living situation;
8. Comply with all conditions, requirements, and instructions of community placement as directed by her community corrections officer and with all other applicable conditions imposed by the sentencing court; and
9. Not receive, possess, own, ship or transport firearms. This Conditional Commutation does not restore, and shall not under any circumstances be construed to restore, any civil rights related to firearms, and shall not remove any disability related to firearms under any state or federal law.
Violation of any of the above conditions shall result in sanctions conforming to the Department of Corrections Violations Sanction Grid for community custody. PROVIDED, that in the event Ms. Carey commits any offense classified as a felony or gross misdemeanor under Washington law, this Conditional Commutation shall automatically and immediately expire, and shall be null and void as if it had never been granted, and the sentence imposed by the court reinstated without benefit of sentence reduction credit, whereupon Ms. Carey shall be immediately returned to the Washington Corrections Center for Women or such other facility as the Secretary of Corrections deems appropriate. The Department of Corrections shall provide a written report to the Clemency and Pardons Board regarding the violation of any condition of this Conditional Commutation.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the seal of the State of Washington to be affixed at
Olympia on this 20th day of December, A.D., two thousand one.
SEAL GARY LOCKE
Governor of Washington
BY THE GOVERNOR:
SAM REED
Secretary of State
FULL AND UNCONDITIONAL PARDON
OF
FERNANDO GUZMAN FLORES
To All to Whom These Presents Shall Come, Greetings:
WHEREAS, Fernando Guzman Flores (INS #A90 718 197) is a 33 year old citizen of Mexico who has lived in the United States since he was age 14. He came to the United States in 1984 to join his father working as a migrant laborer. The family settled in Kennewick. In August 1988, some acquaintances brought two girls to stay at his house for several days. A consensual sexual relationship developed between Mr. Guzman Flores and one of the girls, who turned out to be a minor. Mr. Guzman Flores was not aware that she was a minor until he saw a poster in a store and learned that the girls had run away from home. He immediately contacted the police and the girls were returned home. After an investigation, Mr. Guzman Flores was charged and pled guilty in Franklin County Superior Court to 2nd degree Rape of a Child, a class B felony. At sentencing, the prosecutor told the court that Mr. Guzman Flores had been "completely and totally honest," that he did not believe that Mr. Guzman Flores knew his conduct was illegal, and that Mr. Guzman Flores was very protective of the victim and cooperated with the investigation, even though he knew his statements were against his own interests. The prosecutor then recommended that the court impose an exceptionally light sentence. Before sentencing him to 90 days of work release, the court found that Mr. Guzman Flores had no predisposition to commit the crime, was induced by others to participate, and "manifested an extreme caution or sincere concern for the safety or well-being of the victims." This is the sole criminal offense in Mr. Guzman Flores' life.
WHEREAS, on June 7, 2000, the United States Immigration and Naturalization Service issued an order to exclude Mr. Guzman Flores from the United States and return him to Mexico for having committed a crime of moral turpitude. That order is being appealed. Additionally, once admitted to the United States, Mr. Guzman Flores would be classified as an "aggravated felon" only due to the passage on September 30, 1996 of the federal Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Under that act, the immigration laws were changed with retroactive effect to include Mr. Guzman Flores' crime. Under the laws in place at the time that Mr. Guzman Flores entered his guilty plea, the definition of "aggravated felon" did not apply to him. Pursuant to 8 U.S.C. Section 1251(a), a full and unconditional pardon is the only avenue of relief that will allow Mr. Guzman Flores to continue his life in the United States.
WHEREAS, in 1989, Mr. Guzman Flores was married, and now has four young daughters who depend on him for support. His wife is a U.S. citizen, and the family has a happy and stable home life. He is a productive member of society, having built a successful landscaping and construction business. Mr. Guzman Flores and his wife provide a nurturing and loving home for their daughters who are excelling. Many members of the community, including former employers, teachers and a principal of the schools attended by his daughters have actively supported Mr. Guzman Flores' request for a pardon, and have attested to his personal and family virtues. Mr. Guzman Flores and his family are active members of their church, community and extended family. Mr. Guzman Flores' and his wife's extended families also reside in the area.
WHEREAS, the Clemency and Pardons Board was convinced that deporting Mr. Guzman Flores would destroy a loving family, create immense hardship, and would constitute punishment far beyond what the criminal law contemplates for his crime. Further, deportation would serve no purpose other than to destroy hope and opportunity for this man and his family.
WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the favorable recommendation of the Washington State Clemency and Pardons Board, and the purpose for Mr. Guzman Flores' request, and in light of the circumstances of the crime and all other factors, I have determined that the best interests of justice will be served by this action;
NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Fernando Guzman Flores this Full and Unconditional Pardon for the express purpose of allowing him to obtain a deportation waiver and lawfully remain in the United States. This Full and Unconditional Pardon does not restore any right to receive, possess, own, ship or transport firearms, and shall not under any circumstances be construed to remove any disability related to firearms under any state or federal law.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the seal of the State of Washington to be affixed at
Olympia on this 7th day of February, A.D., two thousand two.
SEAL GARY LOCKE
Governor of Washington
BY THE GOVERNOR:
SAM REED
Secretary of State
FULL AND UNCONDITIONAL PARDON
OF
JOSE CARLOS CRUZ-MELENDEZ
To All to Whom These Presents Shall Come, Greetings:
WHEREAS, Jose Carlos Cruz-Melendez (INS # A90 344 238), a citizen of El Salvador, fled civil war in his home country at age 16, and arrived in the state of Washington in 1982. He was granted lawful permanent resident status on December 1, 1990. Mr. Cruz-Melendez worked for several years as a migrant farm worker, and eventually settled in Wenatchee. There he saw an opportunity to open a business providing hot meals to farm workers. He opened his first mobile food service van in the late 1980's. In 1991 or 1992, Mr. Cruz-Melendez met Renee Arceo at local community dances. In August 1993, approximately one month before Ms. Arceo's 16th birthday, the two had consensual sex at a motel in the Leavenworth area. Ms. Arceo had a troubled family life, and at that time she and a friend had run away from a group home. The local police became aware of the events several days later when Ms. Arceo was returned to a juvenile center. The police questioned Mr. Cruz-Melendez. He was "shocked" to learn her true age. He freely admitted the facts, was charged, and pled guilty in Chelan County Superior Court to Communicating with a Minor for Immoral Purposes (a gross misdemeanor) and 3rd degree Rape of a Child. Mr. Cruz-Melendez was sentenced to 120 days of work release, 36 months of community supervision, and ordered to attend outpatient sex offender treatment for 24 months and to have no contact with Ms. Arceo. He successfully completed all aspects of his sentence. This is the sole criminal offense of his life.
WHEREAS, on January 4, 1999 the United States Immigration and Naturalization Service issued an order to deport Mr. Cruz-Melendez to El Salvador for having committed an aggravated felony. On January 18, 2001 the United States District Court issued a temporary restraining order staying Mr. Cruz-Melendez's deportation pending a review by the court.
Categorizing Mr. Cruz-Melendez as an "aggravated felon" was made possible only due to the passage on September 30, 1996 of the federal Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Under that act, the immigration laws were changed with retroactive effect to include Mr. Cruz-Melendez's crime. Under the laws in place at the time that Mr. Cruz-Melendez entered his guilty plea, the definition of "aggravated felon" did not apply to him. Moreover, the new federal act precludes Mr. Cruz-Melendez from filing any waivers for relief and eliminates appeal to the federal courts. Pursuant to 8 U.S.C. Section 1251(a), a full and unconditional pardon is the only avenue of relief that will allow Mr. Cruz-Melendez to continue his life in the United States.
WHEREAS, Mr. Cruz-Melendez is now 35 years old and is happily married with three children, and has become a pillar of the community. Together with his brother, Mr. Cruz-Melendez has expanded his food business to include five trucks and a full-service restaurant. He employs several family members and non-family as well. Mr. Cruz-Melendez is a highly respected businessman and community leader, active in many community causes. He has sponsored a youth soccer team, has been recognized for supporting Health Kids Day and many other community improvement efforts, and has been the subject of local newspaper coverage for his positive contributions to the community. A broad variety of local business people and other members of the community overwhelmingly supported Mr. Cruz-Melendez's petition for clemency. In short, Mr. Cruz-Melendez's success embodies the "American dream." His deportation would destroy his family, his children's lives, his business, and accomplish no positive ends.
WHEREAS, Renee Arceo, now a married 23-year-old woman with two children of her own, completed high school and two years of college and is a receptionist at an insurance company. Ms. Arceo provided a written statement and testified before the Clemency and Pardons Board that her relationship with Mr. Cruz-Melendez did not harm her emotionally or physically. Her parents were heavy drug users whose parental rights had been terminated. She was a rebellious youth who turned to Mr. Cruz-Melendez for support and stability during their friendship.
WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the unanimous favorable recommendation of the Washington State Clemency and Pardons Board, including the chairman's emphatic statement that this case "cries out" for relief, and the purpose for Mr. Cruz-Melendez's request, and in light of the circumstances of the crime and all other factors, I have determined that the best interests of justice will be served by this action;
NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Jose Carlos Cruz-Melendez this Full and Unconditional Pardon for the express purpose of allowing him to obtain a deportation waiver and lawfully remain in the United States. This Full and Unconditional Pardon does not restore or provide any right to receive, possess, own, ship or transport firearms, and shall not under any circumstances be construed to remove any disability related to firearms under any state or federal law.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the seal of the State of Washington to be affixed at
Olympia on this 7th day of February, A.D., two thousand two.
SEAL GARY LOCKE
Governor of Washington
BY THE GOVERNOR:
SAM REED
Secretary of State
CONDITIONAL PARDON
For
LEAH ELIZABETH SILAEV
To All To Whom These Presents Shall Come, Greetings:
WHEREAS, on August 8, 1988, Leah Elizabeth Silaev (formerly McConnell) was 20 years of age, and had been in a mentally and physically abusive relationship with a man for approximately 18 months. After several attempts to end the relationship, Ms. Silaev moved from Vancouver to Seattle in an effort to distance herself from the man and permanently end the relationship. Unfortunately, Ms. Silaev reentered the relationship, which quickly escalated to physical abuse. On August 8, 1988, Ms. Silaev had been drinking and was also on medication when a physical fight broke out. She used a .25 caliber handgun to frighten the man. Police were summoned, and she was arrested. Ms. Silaev took responsibility for her actions and pled guilty to third degree assault in Clark County Superior Court on November 9, 1988. She was sentenced to 22 days of community service, and was given credit for eight days served in jail before sentencing. This is the sole criminal offense of her life.
WHEREAS, Ms. Silaev is now 35 years of age, is happily married with a young daughter, and has been a law-abiding citizen for many years. Following in the footsteps of her family, her career path has involved her in care giving. She has a long employment history in the field of assisted care, serving adults and children with special needs. Employment in that field often requires a criminal history check. Without a pardon, it has become increasingly difficult for Ms. Silaev to honestly apply for and maintain employment in her profession. She has requested a pardon for the purpose of removing her conviction as an impediment to employment.
WHEREAS, I have reviewed all pertinent facts and circumstances surrounding this matter, the favorable recommendation of the Washington State Clemency and Pardons Board, and the purpose for Ms. Silaev's request, and in light of the circumstances of the crime and Ms. Silaev's life since the crime, I have determined that the best interests of justice will be served by this action;
NOW, THEREFORE, I, Gary Locke, by virtue of the power vested in me as Governor of the State of Washington, hereby grant to Leah Elizabeth Silaev this Conditional Pardon,
SUBJECT TO THE CONDITION that:
She shall not receive, possess, own, ship or transport firearms. This Conditional Pardon does not restore, and shall not under any circumstances be construed to restore, any civil rights related to firearms, and shall not remove any disability related to firearms under any state or federal law.
The conditions of this Conditional Pardon shall remain in force indefinitely. Upon breach of any of the foregoing conditions, this Conditional Pardon shall automatically and immediately expire, and shall be null and void as if it had never been granted.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the seal of the State of Washington to be affixed at
Olympia on this 7th day of February, A.D., two thousand two.
SEAL GARY LOCKE
Governor of Washington
BY THE GOVERNOR:
SAM REED
Secretary of State
MESSAGE FROM THE GOVERNOR
March 14, 2002
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on March 14, 2002, Governor Locke approved the following Senate Bills entitled:
Senate Bill No. 6425
Relating to authorizing access to school meal programs and kitchen facilities.
Senate Bill No. 6430
Relating to high school diplomas for World War II veterans.
Engrossed Senate Bill No. 6456
Relating to authorizing the academic achievement and accountability commission to set performance improvement goals for certain disaggregated groups of students and dropout goals.
Senate Bill No. 6460
Relating to funding local government research services.
Senate Bill No. 6469
Relating to information concerning mental health services provided to offenders.
Engrossed Senate Bill No. 6505
Relating to local improvement districts.
Engrossed Substitute Senate Bill No. 6535
Relating to the chemical dependency disposition alternative.
Substitute Senate Bill No. 6572
Relating to conservation district supervisors.
Senate Bill No. 6578
Relating to leases for personal wireless communication facilities.
Senate Bill No. 6587
Relating to eye banks.
Substitute Senate Bill No. 6597
Relating to alternative public works contracting procedures.
Substitute Senate Bill No. 6602
Relating to extortion in the second degree.
Senate Bill No. 6624
Relating to well construction.
Substitute Senate Bill No. 6629
Relating to a family law handbook.
Senate Bill No. 6664
Relating to the department of corrections’ authority to require offenders eligible for release to community custody status in lieu of earned release to propose a release plan that complies with the department’s program for placing offender in the community.
Senate Bill No. 6691
Relating to authorizing less-than-countywide port districts with five commissioners with three commissioner districts and two at large commissioner districts to create five port commissioner districts.
Engrossed Substitute Senate Bill No. 6702
Relating to protecting siblings relationships.
Senate Bill No. 6740
Relating to irrigation districts’ acceptance of methods of payment.
Senate Bill No. 6788
Relating to benefits for dependent parents of homicide victims.
Senate Bill No. 6798
Relating to street vacations.
Sincerely,
EVERETT H. BILLINGSLEA., General Counsel
MESSAGE FROM THE SECRETARY OF STATE
The Honorable Brad Owen
President of the Senate
Legislature of the State of Washington
Olympia, Washington 98504
Dear President Owen:
We respectfully transmit for your consideration the following bill which has been partially vetoed by the Governor, together with the official veto message setting forth his objection to the Section or items of the bill, as required by Article III, section 12, of the Washington State Constitution.
SENATE BILL NO. 6471
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed the seal of the State of Washington this 14th day of
March, 2002.
SEAL
SAM S. REED
Secretary of State
MESSAGE FROM THE GOVERNOR
PARTIAL VETO MESSAGE ON SENATE BILL NO. 6471
March 14, 2002
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to subsection 3, Senate Bill No. 6471 entitled:
"AN ACT Relating to labeling of agricultural products by place of origin;"
Senate Bill No. 6471 requires grocery stores or other businesses offering fresh fruit and vegetables to either display a placard near the produce stating if it was "Grown in the United States" or "Grown in Washington," or to label each piece of produce individually. Subsection 3 of the bill would have allowed a retailer failing to do so to be fined up to $250 on the second violation and up to $1000 on the third violation in a calendar year.
I agree with the intent of the bill, which is to reveal the origin of produce to consumers. However, the penalties established in subsection 3 of the bill are excessive. Subsection 3 would normally be a separate section, and even refers to itself as a section. For these and other reasons, it is subject to veto.
For these reasons, I have vetoed subsection 3 of Senate Bill No. 6471.
With the exception of subsection 3, Senate Bill No. 6471 is approved.
Respectfully submitted,
GARY LOCKE, Governor
MOTION
On motion of Senator Betti Sheldon, the partial veto message on Senate Bill No. 6471 was held on the desk.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6140.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 6387.
SENATE BILL NO. 6591.
SIGNED BY THE PRESIDENT
The President signed:
THIRD SUBSTITUTE SENATE BILL NO. 5514.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the fourth order of business.
MESSAGES FROM THE HOUSE
March 14, 2002
MR. PRESIDENT:
The House has passed SECOND SUBSTITUTE HOUSE BILL NO. 1646 , and the same is herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 14 , 2002
MR. PRESIDENT:
The House has passed SUBSTITUTE HOUSE CURRENT RESOLUTION NO. 4411, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
2SHB 1646 By House Committee on Education (originally sponsored by Representatives Schmidt, Haigh, Talcott, Keiser, Cox, Schual-Berke, Anderson, Pearson, Quall, Santos, Rockefeller, McDermott, Schindler, Conway, Bush, Dunn and Campbell)
Including the Washington national guard youth challenge program as an alternative educational service provider.
SHCR 4411 By House Committee on Capital Budge (originally sponsored by Representatives Murray and Alexander)
Creating the joint select committee on school construction funding.
Referred to Committee on Natural Resources, Parks and Shorelines.
MOTION
On motion of Senator Betti Sheldon,, the rules were suspended, and Second Substitute House Bill No. 1646 and Substitute House Bill No. 4411 were advanced to second reading and placed on the second reading calendar.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
SECOND READING
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9148, Martin Smith, as a member of the K-20 Educational Network Board, was confirmed.
Senators Kohl-Welles and Finkbeiner spoke to the confirmation of Martin Smith as a member of the K-20 Education Network Board
APPOINTMENT OF MARTIN SMITH
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 4; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.
Absent: Senators Costa, Kline, McCaslin and Snyder - 4.
PERSONAL PRIVILEGE
Senator Carlson: “A point of personal privilege, Mr. President. I would like to note that this is the sixtieth day of the session. Just so you might be aware–this is the sixtieth tie in sixty days. I am glad that we are not going to sixty-one.”
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MOTIONS
On motion of Senator Eide, Senator Kline was excused.
On motion of Senator Hewitt, Senator McCaslin was excused.
MESSAGE FROM THE HOUSE
March 11, 2002
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2807 and asks Senate to recede therefrom, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
MOTIONS
On motion of Senator Kohl-Welles, the Senate receded from its amendment(s) to Substitute House Bill No. 2807.
On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 2807 was returned to second reading and read the second time.
MOTION
Senator Kohl-Welles moved that the following striking amendment by Senators Kohl-Welles, Jacobsen, Carlson, Shin, Finkbeiner and Sheahan be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature intends to strengthen the link between postsecondary education and K-12 education by creating the Washington promise scholarship program for academically successful high school graduates from low and middle-income families. The legislature finds that, increasingly, an individual's economic viability is contingent on postsecondary educational opportunities, yet the state's full financial obligation is eliminated after the twelfth grade. Students who work hard in kindergarten through twelfth grade and successfully complete high school with high academic marks may not have the financial ability to attend college because they cannot obtain financial aid or the financial aid is insufficient.
NEW SECTION. Sec. 2. The higher education coordinating board shall design the Washington promise scholarship program based on the following parameters:
(1) Scholarships shall be awarded to students graduating from public and approved private high schools under chapter 28A.195 RCW and students participating in home-based instruction as provided in chapter 28A.200 RCW who meet both an academic and a financial eligibility criteria.
(a) Academic eligibility criteria shall be defined as follows:
(i) Beginning with the graduating class of 2002, students graduating from public and approved private high schools under chapter 28A.195 RCW must be in the top fifteen percent of their graduating class, as identified by each respective high school at the completion of the first term of the student's senior year; or
(ii) Students graduating from public high schools, approved private high schools under chapter 28A.195 RCW, and students participating in home-based instruction as provided in chapter 28A.200 RCW must equal or exceed a cumulative scholastic assessment test I score of twelve hundred on their first attempt or must equal or exceed a composite American college test score of twenty-seven on their first attempt.
(b) To meet the financial eligibility criteria, a student's family income shall not exceed one hundred thirty-five percent of the state median family income adjusted for family size, as determined by the higher education coordinating board for each graduating class. Students not meeting the eligibility requirements for the first year of scholarship benefits may reapply for the second year of benefits, but must still meet the income standard set by the board for the student's graduating class.
(2) Promise scholarships are not intended to supplant any grant, scholarship, or tax program related to postsecondary education. If the board finds that promise scholarships supplant or reduce any grant, scholarship, or tax program for categories of students, then the board shall adjust the financial eligibility criteria or the amount of scholarship to the level necessary to avoid supplanting.
(3) Within available funds, each qualifying student shall receive two consecutive annual awards, the value of each not to exceed the full-time annual resident tuition rates charged by Washington's community colleges. The higher education coordinating board shall award scholarships to as many students as possible from among those qualifying under this section.
(4) By October 15th of each year, the board shall determine the award amount of the scholarships, after taking into consideration the availability of funds.
(5) The scholarships may only be used for undergraduate coursework at accredited institutions of higher education in the state of Washington.
(6) The scholarships may be used for undergraduate coursework at Oregon institutions of higher education that are part of the border county higher education opportunity project in RCW 28B.80.806 when those institutions offer programs not available at accredited institutions of higher education in Washington state.
(7) The scholarships may be used for college-related expenses, including but not limited to, tuition, room and board, books, and materials.
(8) The scholarships may not be awarded to any student who is pursuing a degree in theology.
(9) The higher education coordinating board may establish satisfactory progress standards for the continued receipt of the promise scholarship.
(10) The higher education coordinating board shall establish the time frame within which the student must use the scholarship.
NEW SECTION. Sec. 3. The higher education coordinating board, with the assistance of the office of the superintendent of public instruction, shall implement and administer the Washington promise scholarship program described in section 2 of this act as follows:
(1) The first scholarships shall be awarded to eligible students enrolling in postsecondary education in the 2002-03 academic year.
(2) The office of the superintendent of public instruction shall provide information to the higher education coordinating board that is necessary for implementation of the program. The higher education coordinating board and the office of the superintendent of public instruction shall jointly establish a timeline and procedures necessary for accurate and timely data reporting.
(a) For students meeting the academic eligibility criteria as provided in section 2(1)(a) of this act, the office of the superintendent of public instruction shall provide the higher education coordinating board with student names, addresses, birth dates, and unique numeric identifiers.
(b) Public and approved private high schools under chapter 28A.195 RCW shall provide requested information necessary for implementation of the program to the office of the superintendent of public instruction within the established timeline.
(c) All student data is confidential and may be used solely for the purposes of providing scholarships to eligible students.
(3) The higher education coordinating board may adopt rules to implement this chapter.
NEW SECTION. Sec. 4. The Washington promise scholarship program shall not be funded at the expense of the state need grant program as defined in RCW 28B.10.800 through 28B.10.824. In administering the state need grant and promise scholarship programs, the higher education coordinating
board shall first ensure that eligibility for state need grant recipients is at least fifty-five percent of state median family income.
NEW SECTION. Sec. 5. This chapter shall not be construed to change current state requirements for students who received home-based instruction under chapter 28A.200 RCW.
NEW SECTION. Sec. 6. (1) The Washington promise scholarship account is created in the custody of the state treasurer. The account shall be a nontreasury account retaining its interest earnings in accordance with RCW 43.79A.040.
(2) The higher education coordinating board shall deposit in the account all money received for the program. The account shall be self-sustaining and consist of funds appropriated by the legislature for the Washington promise scholarship program, private contributions to the program, and refunds of Washington promise scholarships.
(3) Expenditures from the account shall be used for scholarships to eligible students.
(4) With the exception of the operating costs associated with the management of the account by the treasurer's office as authorized in chapter 43.79A RCW, the account shall be credited with all investment income earned by the account.
(5) Disbursements from the account are exempt from appropriations and the allotment provisions of chapter 43.88 RCW.
(6) Disbursements from the account shall be made only on the authorization of the higher education coordinating board.
Sec. 7. RCW 43.79A.040 and 2001 c 201 s 4 and 2001 c 184 s 4 are each reenacted and amended to read as follows:
(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.
(2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.
(3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington promise scholarship account, the college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the basic health plan self-insurance reserve account, the Washington international exchange scholarship endowment fund, the developmental disabilities endowment trust fund, the energy account, the fair fund, the game farm alternative account, the grain inspection revolving fund, the juvenile accountability incentive account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, and the children's trust fund. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right of way revolving fund, the advanced environmental mitigation revolving account, the city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
NEW SECTION. Sec. 8. Sections 1 through 6 of this act constitute a new chapter in Title 28B RCW.
NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment(s) by Senators Kohl-Welles, Jacobsen, Carlson, Shin, Finkbeiner and Sheahan to Substitute House Bill No. 2807.
The motion by Senator Kohl,-Welles carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Kohl-Welles, the following title amendment was adopted.
On page 1, line 1 of the title, after "scholarships;" strike the remainder of the title and insert "reenacting and amending RCW 43.79A.040; adding a new chapter to Title 28B RCW; and declaring an emergency."
On motion of Senator Kohl-Welles, the rules were suspended, Substitute House Bill No. 2807, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2807, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2807, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 2; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.
Absent: Senators Hargrove and Haugen - 2.
Excused: Senators Kline and McCaslin - 2.
SUBSTITUTE HOUSE BILL NO. 2807, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
PERSONAL PRIVILEGE
Senator Snyder: “A personal privilege, Mr. President. I thought I would get away from the rigors of this place and I went out and I had so much fun, I not only had one, but I had two root canals while I was gone. The medication hasn’t worn off, but I feel a hell of a lot better now than when I left here, I can tell you that.”
MOTIONS
On motion of Senator Eide, Senator Hargrove was excused.
On motion of Senator Hewitt, Senator Rossi was excused.
MESSAGE FROM THE HOUSE
March 14, 2002
MR. PRESIDENT:
The House has passed SENATE BILL NO. 6818 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. For the purpose of providing funds for the construction, reconstruction, planning, design, and other necessary costs of the various facilities defined in chapter . . . (Senate Bill No. 6396), Laws of 2002, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of eighty-nine million seven hundred thousand dollars, or as much thereof as may be required, to finance these projects and all costs incidental thereto. Bonds authorized in this section may be sold at such price as the state finance committee shall determine. No bonds authorized in this section may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds.
NEW SECTION. Sec. 2. (1) The proceeds from the sale of the bonds authorized in section 1 of this act shall be deposited in the state building construction account created by RCW 43.83.020, with eighty-seven million five hundred thousand dollars to remain in the state building construction account created by RCW 43.83.020. If the state finance committee deems it necessary to issue the bonds authorized in section 1 of this act as taxable bonds in order to comply with federal internal revenue service rules and regulations pertaining to the use of nontaxable bond proceeds, the proceeds of such additional taxable bonds shall be transferred to the state taxable building construction account in lieu of any transfer otherwise provided by this section. The state treasurer shall submit written notice to the director of financial management if it is determined that any such additional transfer to the state taxable building construction account is necessary. Moneys in the account may be spent only after appropriation.
(2) These proceeds shall be used exclusively for the purposes specified in this section and for the payment of expenses incurred in the issuance and sale of the bonds issued for the purposes of this section, and shall be administered by the office of financial management subject to legislative appropriation.
NEW SECTION. Sec. 3. (1) The debt-limit general fund bond retirement account shall be used for the payment of the principal of and interest on the bonds authorized in section 1 of this act.
(2) The state finance committee shall, on or before June 30th of each year, certify to the state treasurer the amount needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in section 1 of this act.
(3) On each date on which any interest or principal and interest payment is due on bonds issued for the purposes of section 1 of this act the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the debt-limit general fund bond retirement account an amount equal to the amount certified by the state finance committee to be due on the payment date.
NEW SECTION. Sec. 4. (1) Bonds issued under section 1 of this act shall state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.
(2) The owner and holder of each of the bonds or the trustee for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section.
NEW SECTION. Sec. 5. The legislature may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized in section 1 of this act, and sections 2 and 3 of this act shall not be deemed to provide an exclusive method for the payment.
NEW SECTION. Sec. 6. The bonds authorized in section 1 of this act shall be a legal investment for all state funds or funds under state control and for all funds of any other public body.
Sec. 7. RCW 39.42.060 and 2001 2nd sp.s. c 9 s 18 are each amended to read as follows:
No bonds, notes, or other evidences of indebtedness for borrowed money shall be issued by the state which will cause the aggregate debt contracted by the state to exceed that amount for which payments of principal and interest in any fiscal year would require the state to expend more than seven percent of the arithmetic mean of its general state revenues, as defined in ((section 1(c) of Article VIII of the Washington state Constitution)) RCW 39.42.070, for the three immediately preceding fiscal years as certified by the treasurer in accordance with RCW 39.42.070. It shall be the duty of the state finance committee to compute annually the amount required to pay principal of and interest on outstanding debt. In making such computation, the state finance committee shall include all borrowed money represented by bonds, notes, or other evidences of indebtedness which are secured by the full faith and credit of the state or are required to be paid, directly or indirectly, from general state revenues and which are incurred by the state, any department, authority, public corporation or quasi public corporation of the state, any state university or college, or any other public agency created by the state but not by counties, cities, towns, school districts, or other municipal corporations, and shall include debt incurred pursuant to section 3 of Article VIII of the Washington state Constitution, but shall exclude the following:
(1) Obligations for the payment of current expenses of state government;
(2) Indebtedness incurred pursuant to RCW 39.42.080 or 39.42.090;
(3) Principal of and interest on bond anticipation notes;
(4) Any indebtedness which has been refunded;
(5) Financing contracts entered into under chapter 39.94 RCW;
(6) Indebtedness authorized or incurred before July 1, 1993, pursuant to statute which requires that the state treasury be reimbursed, in the amount of the principal of and the interest on such indebtedness, from money other than general state revenues or from the special excise tax imposed pursuant to chapter 67.40 RCW;
(7) Indebtedness authorized and incurred after July 1, 1993, pursuant to statute that requires that the state treasury be reimbursed, in the amount of the principal of and the interest on such indebtedness, from (a) moneys outside the state treasury, except higher education operating fees, (b) higher education building fees, (c) indirect costs recovered from federal grants and contracts, and (d) fees and charges associated with hospitals operated or managed by institutions of higher education;
(8) Any agreement, promissory note, or other instrument entered into by the state finance committee under RCW 39.42.030 in connection with its acquisition of bond insurance, letters of credit, or other credit support instruments for the purpose of guaranteeing the payment or enhancing the marketability, or both, of any state bonds, notes, or other evidence of indebtedness;
(9) Indebtedness incurred for the purposes identified in RCW 43.99N.020;
(10) Indebtedness incurred for the purposes of the school district bond guaranty established by chapter 39.98 RCW;
(11) Indebtedness incurred for the purposes of replacing the waterproof membrane over the east plaza garage and revising related landscaping construction pursuant to RCW 43.99Q.070; and
(12) Indebtedness incurred for the purposes of the state legislative building rehabilitation, to the extent that principal and interest payments of such indebtedness are paid from the capitol building construction account pursuant to RCW 43.99Q.140(2)(b).
To the extent necessary because of the constitutional or statutory debt limitation, priorities with respect to the issuance or guaranteeing of bonds, notes, or other evidences of indebtedness by the state shall be determined by the state finance committee.
Sec. 8. RCW 39.42.070 and 1971 ex.s. c 184 s 7 are each amended to read as follows:
(1) On or after the effective date of this act, the treasurer shall compute general state revenues for the three fiscal years immediately preceding such date and shall determine the arithmetic mean thereof. As soon as is practicable after the close of each fiscal year thereafter, he or she shall do likewise. In determining the amount of general state revenues, the treasurer shall include all state money received in the treasury from each and every source whatsoever except: (((1))) (a) Fees and revenues derived from the ownership or operation of any undertaking, facility or project; (((2))) (b) moneys received as gifts, grants, donations, aid or assistance or otherwise from the United States or any department, bureau or corporation thereof, or any person, firm or corporation, public or private, when the terms and conditions of such gift, grant, donation, aid or assistance require the application and disbursement of such moneys otherwise than for the general purposes of the state of Washington; (((3))) (c) moneys to be paid into and received from retirement system funds, and performance bonds and deposits; (((4))) (d) moneys to be paid into and received from trust funds including but not limited to moneys received from taxes levied for specific purposes and the several permanent and irreducible funds of the state and the moneys derived therefrom but excluding bond redemption funds; (((5))) (e) proceeds received from the sale of bonds or other evidences of indebtedness. Upon computing general state revenues, the treasurer shall make and file in the office of the secretary of state, a certificate containing the results of such computations. Copies of said certificate shall be sent to each elected official of the state and each member of the legislature. The treasurer shall, at the same time, advise each elected official and each member of the legislature of the current available debt capacity of the state, and may make estimated projections for one or more years concerning debt capacity.
(2) For purposes of this chapter, general state revenues shall also include revenues that are deposited in the general fund under RCW 82.45.180(2) and lottery revenues as provided in RCW 67.70.240(3).
NEW SECTION. Sec. 9. Sections 1 through 6 of this act constitute a new chapter in Title 43 RCW.
NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 11. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Correct the title., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
MOTION
On motion of Senator Zarelli, the Senate concurred in the House amendment to Senate Bill No. 6818.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No 6818, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6818, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 1; Absent, 1; Excused, 4.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Regala, Roach, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 43.
Voting nay: Senator Eide - 1.
Absent: Senator Rasmussen - 1.
Excused: Senators Hargrove, Kline, McCaslin and Rossi - 4.
SENATE BILL NO. 6818, as amended by the House, having received the constitutional sixty percent majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
March 14, 2002
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 6396 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"PART 1
SUPPLEMENTAL CAPITAL BUDGET
NEW SECTION. Sec. 101. A supplemental capital budget is hereby adopted and, subject to the provisions set forth in this act, the several dollar amounts herein specified, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for capital projects during the period ending June 30, 2003, out of the several funds specified in this act.
Sec. 102. 2001 2nd sp.s. c 8 s 111 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Community Services Facilities Program (02-4-007)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is subject to the provisions of RCW 43.63A.125. The following projects are eligible for funding:
Projects Recommendation
YMCA of Grays Harbor, Aberdeen $300,000
Community Youth Services, Olympia $300,000
Skagit County Community Action, Concrete $300,000
Kindering Center, Bellevue $300,000
Bellevue Family YMCA, Bellevue $300,000
Refugee Women's Alliance, Seattle $300,000
YWCA of Walla Walla, Walla Walla $300,000
Pierce County Alliance (facility), Tacoma $61,000
Compass Health, Everett $300,000
Mid-City Concerns, Spokane $28,000
Children's Home Society, Vaughn $70,000
Children's Home society, Spokane $238,000
Catholic Family/Child Services, Yakima $152,000
Korean Women's Association, Tacoma $218,000
Factory Small Biz Incubator, Tacoma $300,000
Lao Highland Association of King County, Seattle $119,000
First Place, Seattle $300,000
NE Washington Rural Resources, Colville $300,000
Filipino Community Center, Seattle $200,000
Filipino Community Center, Wapato $25,000
((Subtotal $4,411,000
Alternate Projects))
Nooksack Community Aid Society, Deming $165,000
Childhaven, Seattle $149,000
((Subtotal $314,000))
Total $4,725,000
(2) $200,000 of the appropriation in this section for the Filipino Community Center in Seattle shall be matched by $200,000 in additional contributions toward the project from local government.
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ ((4,411,000))
4,725,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 16,000,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((20,411,000))
20,725,000
Sec. 103. 2001 2nd sp.s. c 8 s 117 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Housing Assistance, Weatherization, and Affordable Housing (02-4-010)
The appropriations in this section are subject to the following conditions and limitations:
(1) At least $9,000,000 of the new appropriation from the state taxable building construction account is provided solely for weatherization administered through the energy matchmakers program.
(2) $5,000,000 of the new appropriation from the state taxable building construction account is provided solely to promote development of safe and affordable housing units for persons eligible for services from the division of developmental disabilities within the department of social and health services.
(3) $2,000,000 of the appropriation from the state taxable building construction account is provided solely for grants to nonprofit organizations and public housing authorities for revolving loan, self-help housing programs for low and moderate income families.
(4) $1,000,000 of the new appropriation from the state taxable building construction account is provided solely for shelters, transitional housing, or other housing facilities for victims of domestic violence.
(5) Reappropriations in this section shall not be included in the annual funds available for determining the administrative costs authorized under RCW 43.185.050.
Appropriation:
State Taxable Building Construction Account--
State. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 60,000,000
Washington Housing Trust Account. . . . . . . . .. . . . . . . .$ 5,000,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . .$ 65,000,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 200,000,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 265,000,000
Sec. 104. 2001 2nd sp.s. c 8 s 118 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Burke Museum ((Governance and Siting)) Expansion Study (00-2-012)
The reappropriation in this section is subject to the following conditions and limitations:
(1) Funds are provided for a study of the ((governance of the Burke museum and for an examination of the)) potential expansion of the museum facility including siting issues. The study shall be facilitated by the department in consultation with the University of Washington((, the department of community, trade, and economic development's tourism and economic development units, the executive director of the Washington state historical society, the city of Seattle, King county, and members of the community and businesses from various geographic regions of the state)) and other interested public agencies and community groups. The department shall provide a report to the legislature by June 30, ((2002)) 2003, outlining ((funding)) strategies for an expanded state natural history museum that recognizes ((the)) limited state resources ((for capital facilities programmatic enhancements, and outlines)) and alternative funding resources and partners.
(2) A maximum of $150,000 from the appropriation in this section may be used for the preservation, storage, and presentation of museum collections or for matching other funding sources for the preservation, storage, and presentation of museum collections.
(3) The reappropriation in this section is subject to the conditions and limitations of section 906(2)(b) of this act.
Reappropriation:
University of Washington Building
Account--State. . . . . . . . . . . . . . . . . . . . . . . .$ 350,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 350,000
NEW SECTION. Sec. 105. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, & ECONOMIC DEVELOPMENT
Community Economic Revitalization (CERB)(03-4-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation from the public facility construction loan revolving account shall be used solely to provide loans to eligible local governments. The department shall ensure that all principal and interest payments from loans made on moneys from this account are paid into this account.
(2) If chapter . . . (House Bill No. 2425), Laws of 2002 is not enacted by June 30, 2002, the appropriation in this section shall lapse.
Appropriation:
Public Facility Construction Loan Revolving
Account--State. . . . . . . .. . . . . . . . . . . . . . . . .$ 3,656,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,656,000
Sec. 106. 2001 2nd sp.s. c 8 s 173 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Office Building Two Rehabilitation (98-1-007)
Reappropriation:
Thurston County Capital Facilities Account--
State. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,000,000
Appropriation:
Thurston County Capital Facilities Account--
State. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((5,850,000))
4,750,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 9,250,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ ((5,310,000))
6,410,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 22,410,000
NEW SECTION. Sec. 107. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Deschutes Parkway Repair (2002-S-009)
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 850,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 850,000
NEW SECTION. Sec. 108. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Capitol Campus Parking (03-2-001)
The appropriation in this section is subject to the following condition and limitation: The department shall designate parking spaces on the west capitol campus, except for public parking, as leased parking per WAC 236-12-290(1)(b)(ii).
Appropriation:
State Vehicle Parking Account--State. . . . . . . .. . . . . . . .$ 531,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 531,000
Sec. 109. 2001 2nd sp.s. c 8 s 157 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Legislative Building: Rehabilitation (01-1-008)
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations in this section are subject to the conditions and limitations of sections 902 and 903 of this act.
(2) The department of general administration, in consultation with the legislature, the governor, and the state capitol committee, shall immediately begin planning and initiate an accelerated design/construction schedule for the renovation of the state legislative building as follows:
(a) No new permanent buildings shall be constructed, and the department shall follow standards for historic preservation;
(b) The goal shall be to reoccupy the building in time for the 2005 legislative session;
(c) The department shall make temporary accommodations for the displacement of legislators and legislative staff in the John L. O'Brien building, the Pritchard building, the Cherberg building, and the Newhouse building, and may use modular space. Decisions on the use of space for the Pritchard building will be made by legislative leadership by July 1, 2001, to make it available for use by the legislature by April 1, 2002;
(d) The department shall temporarily move the state library from the Pritchard building by October 1, 2001, and, if needed, the department shall lease storage facilities in Thurston county for books and other library assets;
(e) The department shall make temporary accommodations for other tenants of the state legislative building as follows:
(i) The office of the insurance commissioner shall be temporarily moved to leased space in Thurston county;
(ii) The office of the governor shall be moved to the Insurance building;
(iii) The primary office of the code reviser and the lieutenant governor shall be moved to a location on the west capitol campus; and
(iv) The other tenants, including the office of the state treasurer, the office of the state auditor, and the office of the secretary of state shall be moved to leased space in Thurston county;
(f) The state legislative building shall be completely vacated by the office of the governor, the office of the secretary of state, the office of treasurer, and the office of the state auditor by November 1, 2001, and by the legislature fourteen days after the end of the 2002 legislative session to make it available for renovation by the contractor; and
(g) State contracts for the legislative building renovation, Nisqually earthquake repair, and future earthquake mitigation shall conform to all rules, regulations, and requirements of the federal emergency management agency.
(3) The state capitol committee, in conjunction with a legislative building renovation oversight committee consisting of two members from both the house of representatives and senate, each appointed by legislative leadership, shall periodically advise the department regarding the rehabilitation, the receipt and use of private funds, and other issues that may arise.
(4) The department shall report on the progress of accelerated planning, design, and relocations related to the renovation of the state legislative building to the legislature and the governor by July 15, 2001, and November 15, 2001, and shall consult with the legislature and governor on major decisions including placement of the cafeteria and exiting stairs in the legislative building by August 31, 2001.
(5) In the event of any conflicts between the conditions and limitations in this section and section 3, chapter 123, Laws of 2001, the conditions and limitations of this section shall apply.
(6) $154,000 of the capitol historic district construction account appropriation is provided solely for the department of general administration to contract for fund-raising services for the solicitation of charitable gifts, grants, or donations specifically for the purpose of preservation and restoration of the state legislative building and related educational exhibits and programs. By June 30, 2004, the amount provided by this subsection shall be reinvested to the capitol historic district construction account from the proceeds of the gifts, grants, and donations.
Reappropriation:
Capitol Building Construction Account--State.. . . . . . . .$ 2,000,000
Thurston County Capital Facilities
Account--State. . . . . . . .. . . . . . . . . . . . . . . . .$ 2,500,000
Subtotal Reappropriation. . . . . . . . . . . . . . . .$ 4,500,000
Appropriation:
Capitol Historic District Construction
Account--State. . . . . . . .. . . . . . . . . . . . . . . . .$ 81,681,000
Thurston County Capital Facilities
Account--State. . . . . . . .. . . . . . . . . . . . . . . . .$ 1,300,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . .$ 82,981,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 1,000,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 2,300,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 90,781,000
Sec. 110. 2001 2nd sp.s. c 8 s 183 (uncodified) is amended to read as follows:
FOR THE MILITARY DEPARTMENT
Bremerton Readiness Center (02-2-004)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is subject to the conditions and limitations of sections 902 and 903 of this act.
(2) No money shall be committed or expended from the state building construction account until the general fund--federal construction funds are received and allotted in accordance with section 903 of this act.
(3) In addition to the annual project progress reporting requirement of RCW 43.88.160(3), the department will file quarterly project progress reports with the office of financial management. These reports will contain local, state, and federal funding reconciliations and balance sheets for this project and will detail any federal intentions on future readiness center projects.
(4) Savings realized on the Yakima readiness center project (98-2-001) may be transferred to the Bremerton readiness center project.
Appropriation:
General Fund--Federal. .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,446,000
State Building Construction
Account--State. . . . . . . .. . . . . . . . . . . . . . . . .$
6,377,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . .$ ((10,174,000))
11,823,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 1,000,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((11,174,000))
12,823,000
NEW SECTION. Sec. 111. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital - Power Plant Revisions and Smokestack Removal (03-1-012)
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 1,080,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,080,000
NEW SECTION. Sec. 112. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Regional Secure Community Transition Facilities - Preconstruction Activities (03-H-002)
The appropriation in this section is subject to the following conditions and limitations: If chapter . . . (Engrossed Substitute Senate Bill No. 6594), Laws of 2002 is not enacted by June 30, 2002, the appropriation in this section shall lapse.
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 200,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 200,000
Sec. 113. 2001 2nd sp.s. c 8 s 257 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Expand Coyote Ridge Corrections Center (98-2-011)
The appropriation in this section is subject to the following conditions and limitations: To the extent that funding for the design of the expansion at Coyote Ridge corrections center is not necessary as a result of sentencing legislation passed during the 2002 legislative session, the department may expend up to $264,000 on the predesign for the potential renovation or expansion of existing facilities to accommodate inmate population growth in higher custody levels.
Reappropriation:
State Building Construction Account--State. . .. . . . . . . .$ 447,348
Appropriation:
State Building Construction Account--
State. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,150,000))
1,414,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 802,069
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ ((227,763,000))
227,499,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 230,162,417
Sec. 114. 2001 2nd sp.s. c 8 s 270 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Monroe Corrections Center - 100 Bed Intensive Management and Segregation Units (00-2-008)
The appropriations in this section are subject to the conditions and limitations of sections 902 and 903 of this act.
Reappropriation:
State Building Construction Account--
State. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 40,665
Appropriation:
General Fund--Federal. .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((18,162,205))
11,933,692
State Building Construction Account--
State. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,521,795))
8,750,308
Subtotal Appropriation. . . . . . . . . . . . . . . . . .$ 20,684,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 149,335
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 17,727,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 38,601,000
Sec. 115. 2001 2nd sp.s. c 8 s 278 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Statewide: Department of Corrections Emergency Funds (02-1-028)
Appropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account--State. . . . . . . . . . . . . . .$ 1,700,000
State Building Construction Account--
State. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 850,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . .$ 2,550,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 901,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 7,800,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((10,401,000))
11,251,000
NEW SECTION. Sec. 116. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Coyote Ridge Corrections Center - 210 Emergency Beds (03-2-002)
The appropriation in this section is subject to the conditions and limitations of sections 902 and 903 of this act.
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 3,394,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,394,000
NEW SECTION. Sec. 117. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
McNeil Island Corrections Center (MICC): Water Tank Replacement (03-1-022)
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 1,394,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,394,000
NEW SECTION. Sec. 118. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
McNeil Island Corrections Center (MICC): Fire Audit Requirements (03-2-001)
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 140,500
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 140,500
Sec. 119. 2001 2nd sp.s. c 8 s 303 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Local Toxics Grants to Locals for Cleanup and Prevention (88-2-008)
The appropriations in this section are subject to the following conditions and limitations:
(1) The reappropriation in this section is provided solely for projects under contract on or before June 30, 2001. Reappropriated funds not associated with contracted projects shall lapse on June 30, 2001. The office of financial management may grant waivers from this lapse requirement for specific projects upon findings of exceptional circumstances after notification of the chairs of the house of representatives capital budget committee and senate ways and means committee.
(2) The department shall submit a report to the office of financial management and house of representatives capital budget committee and senate ways and means committee by December 1, 2001, listing all projects funded from this section.
(3) The department of ecology shall offer the port of Ridgefield a funding package totaling $8,400,000 to conduct an emergency cleanup action on port-owned property. A portion of the appropriation in this section shall be combined with funds from the appropriation to the department from the state toxics control account in the omnibus operating budget for the 2001-2003 biennium to provide a funding package consisting of sixty-five percent grant and thirty-five percent loan. The terms of the loan shall provide for repayment by the port of Ridgefield commencing ten years from the effective date of this section and is contingent upon an independent financial audit conducted at the direction of the department to determine the port's ability to repay the loan. It is the intent of the legislature to support necessary action by the port of Ridgefield to protect public health and the environment without jeopardizing the port's financial standing.
Reappropriation:
Local Toxics Control Account--State. . . . . . . . . . . . . . . .$ 20,749,772
Appropriation:
Local Toxics Control Account--State. . . . . . . . . . . . . . . .$ ((50,000,000))
68,500,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 84,103,008
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((154,852,780))
173,352,780
Sec. 120. 2001 2nd sp.s. c 8 s 311 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Account (02-4-002)
Reappropriation:
Water Pollution Control Revolving Account--
Federal. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ $7,996,771
Appropriation:
Water Pollution Control Revolving Account--
State. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((113,835,792))
157,135,792
Water Pollution Control Revolving Account--
Federal. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 45,277,010
Subtotal Appropriation. . . . . . . . . . . . . . . . . .$ ((159,112,802))
202,412,802
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 467,108,040
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((626,220,842))
677,517,613
Sec. 121. 2001 2nd sp.s. c 8 s 313 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Referendum 38 Water Supply Facilities (02-4-006)
The appropriation in this section is subject to the following conditions and limitations:
(1) $250,000 of the appropriation is provided solely to study the development of the Lake Wenatchee water storage project.
(2) $300,000 of the appropriation is provided solely to the department of ecology to develop a plan for restoration of stream flow and fish passage in Manastash creek, Kittitas county, through the conversion of surface water irrigation diversions to ground water withdrawals. If the plan determines that conversion of withdrawals from surface water to ground water would restore instream flow and provide benefits for fish, the department shall expedite processing of water right change applications to accomplish this conversion.
Appropriation:
State and Local Improvements Revolving
Account (Water Supply Facilities)--
State. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,000,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 12,000,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 18,000,000
Sec. 122. 2001 2nd sp.s. c 8 s 344 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Boating Facilities Projects (02-4-001)
Appropriation:
Recreation Resources Account--State. . . . . . . .. . . . . . . .$ ((8,318,013))
6,934,013
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 40,300,368
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((48,618,381))
47,234,381
Sec. 123. 2001 2nd sp.s. c 8 s 346 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Nonhighway Road and Off-Road Vehicle Activities (NOVA) (02-4-002)
(1) The appropriation in this section for the nonhighway and off-road vehicle program under RCW 46.09.170(1)(d)(i) is subject to the following conditions and limitations: ((Fifty percent)) A portion of the new appropriation ((is provided solely)) may be used for grants to projects to research, develop, publish, and distribute informational guides and maps of nonhighway and off-road vehicle trails and associated facilities meeting the requirements, guidelines, spirit, and intent of the federal Americans with disabilities act.
(2) The appropriation in this section for the nonhighway and off-road vehicle program under RCW 46.09.170(1)(d)(ii) is subject to the following conditions and limitations: The portion of the new appropriation that applies to grants for capital facilities ((is provided solely)) may be used for grants to projects that meet the requirements, guidelines, spirit, and intent of the federal Americans with disabilities act and do not compromise or impair sensitive natural resources. The portion of the new appropriation that applies to grants for management, maintenance, and operation of existing off-road vehicle recreation facilities may be used to bring the facilities into compliance with the requirements, guidelines, spirit, and intent of the federal Americans with disabilities act.
(3) The appropriation in this section for the nonhighway and off-road vehicle program under RCW 46.09.170(1)(d)(iii) is subject to the following conditions and limitations: (a) $175,000 is provided solely for the interagency committee for outdoor recreation to contract with an independent entity to study the source and make recommendations on the distribution and use of funds provided to off-road vehicle and nonhighway road recreational activities under RCW 46.09.170. The study shall determine the relative portion of the motor vehicle fuel tax revenues that are attributable to vehicles operating off-road or on nonhighway roads for recreational purposes as provided in RCW 46.09.170. The study shall include the types of vehicles and location of their use, the types of recreational activities, the types of recreational facilities used, and the recreational use of forest roads relative to other, nonrecreational uses. The interagency committee for outdoor recreation shall review the analysis and submit a report to the standing committees of the legislature, including recommendations regarding amendments to RCW 46.09.170 to: (((a))) (i) Allocate revenues consistent with the relative proportion of the uses generating such revenues, and (((b))) (ii) ensure funding for existing off-road vehicle facilities operated by the state parks and recreation commission and local governments. The report shall be submitted no later than December 1, 2002. (b) Funds may be expended for nonhighway road recreation facilities which may include recreational trails that are accessed by nonhighway roads and are intended solely for nonmotorized recreational uses.
Appropriation:
NOVA Program Account--State. . . . . . . . . . . . . . . . . . . .$ 5,527,551
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 23,559,218
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 29,086,769
Sec. 124. 2001 2nd sp.s. c 8 s 348 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Washington Wildlife and Recreation Program (02-4-003)
The appropriation in this section for the wildlife and recreation program under chapter 43.99A RCW and RCW 43.99A.040 is subject to the following conditions and limitations:
(1) The new appropriation is provided for the approved list of projects included in LEAP capital document No. 2001-24, as developed on June 7, 2001, and LEAP capital document No. 2002-21, as developed on March 12, 2002.
(2) The department of natural resources shall manage lands acquired through project No. 00-1427 "North Bay NAP" as a natural resources conservation area under chapter 79.71 RCW.
Appropriation:
Outdoor Recreation Account--State. . . . . . . . . . . . . . . . . . . . . . . . . .$ 22,500,000
Habitat Conservation Account--State. . . . . . . .. . . . . . . .$ 22,500,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . .$ 45,000,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 180,000,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 225,000,000
Sec. 125. 2001 2nd sp.s. c 8 s 350 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Land and Water Conservation Fund (LWCF) (02-4-005)
The appropriation in this section is subject to the following conditions and limitations:
(1) $1,500,000 of the recreation resources account--federal is appropriated for projects chosen by the interagency committee for outdoor recreation.
(2) By January 1, 2002, the interagency committee for outdoor recreation shall provide a report to the legislature that:
(a) Describes those projects funded subject to subsection (1) of this section; and
(b) Recommends legislation creating a competitive process for the selection of projects that will result in a list of projects to be submitted to the legislature for its approval.
Appropriation:
Recreation Resources Account--Federal. . . . . .. . . . . . . .$ ((2,500,000))
7,500,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,500,000))
7,500,000
Sec. 126. 2001 2nd sp.s. c 8 s 354 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Salmon Recovery (02-4-007)
The appropriation in this section is subject to the following conditions and limitations:
(1) Activities funded through grants provided in this section shall be consistent with the salmon recovery funding board's goals, mission, and responsibilities.
(2) Jobs for the environment projects submitted by lead entities are eligible to receive funding, including wages for jobs for the environment participants.
(3) $649,000 of the state building construction account--state appropriation is provided solely to the people for salmon partnership to coordinate and assist local, community-based salmon recovery efforts in Washington state. This funding shall be used to: (a) Match federal and private fund sources in order to design and implement not less than twenty on-the-ground projects with community-based restoration groups; (b) implement not less than twelve training workshops throughout the state on state monitoring protocols, project design and management, soliciting and retaining volunteers, and other technical topics related to salmon restoration and enhancement; (c) coordinate a minimum of three technical forums for information exchange between community-based organization staff; and (d) provide up to 1,500 hours of technical assistance to community-based organizations engaged in salmon restoration and enhancement, including direct consultations on utilizing limiting factors in project identification, obtaining necessary permits, and working with landowners. In addition, people for salmon must work with regional fisheries enhancement groups, conservation districts, landowners, tribes, and the business community to develop and sponsor a yearly volunteer expo in order to provide an educational exchange, workshops, and products fair for all organizations engaged in salmon restoration and enhancement and an annual statewide salmon day celebration to engage citizens, businesses, and schools in salmon recovery.
Appropriation:
General Fund--Federal. .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((27,642,000))
48,642,000
State Building Construction Account--State. . .. . . . . . . .$ ((28,000,000))
27,000,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . .$ ((55,642,000))
75,642,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 264,000,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((318,189,000))
339,642,000
NEW SECTION. Sec. 127. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Firearms and Archery Range (FARR) Program (02-0-001)
Appropriation:
Firearms Range Account--State. . . . . . . . . . . . . . . . . . . .$ 400,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 400,000
Sec. 128. 2001 2nd sp.s. c 8 s 387 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Hatchery Reform Facility Retrofits (02-1-001)
The appropriation in this section is subject to the conditions and limitations of sections 905 and 906 of this act.
Appropriation:
General Fund--Federal. .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((10,000,000))
2,000,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 60,000,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((70,000,000))
62,000,000
NEW SECTION. Sec. 129. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Deep Water Slough Restoration (98-2-021)
Appropriation:
General Fund--Federal. .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 155,800
State Building Constrction Account--State. . . .. . . . . . . .$ 407,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . .$ 562,800
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 562,800
Sec. 130. 2001 2nd sp.s. c 8 s 388 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Forest and Fish Road Upgrade and Abandonment on Agency Lands (02-1-003)
The appropriation in this section is subject to the conditions and limitations of sections 905 and 906 of this act.
Appropriation:
General Fund--Federal. .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,900,000))
200,000
State Building Construction Account--State. . .. . . . . . . .$ 500,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . .$ ((2,400,000))
700,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 11,600,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((14,000,000))
12,300,000
Sec. 131. 2001 2nd sp.s. c 8 s 390 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Facility and Infrastructure Standards and Renovations (02-1-009)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is subject to the conditions and limitations of sections 905 and 906 of this act.
(2) $305,000 of the appropriation in this section shall be used to replace or renovate the caretaker residence and construct pheasant rearing pens at the Lewis county game farm.
(3) The department shall expend the $300,000 wildlife account--state appropriation to construct a capture and acclimation pond at Grandy Creek.
(4) $871,000 of the state building construction account--state appropriation is provided solely for renovation and reconstruction of the Samish hatchery.
Appropriation:
General Fund--Federal. .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((3,100,000))
700,000
General Fund--Private/Local. . . . . .. . . . . . . . . . . . . . . . .$ ((1,500,000))
350,000
Aquatic Lands Enhancement Account--State. .. . . . . . . .$ 150,000
State Building Construction Account--State. . .. . . . . . . .$ 7,571,000
Wildlife Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 300,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . .$ ((12,621,000))
9,071,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 46,420,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((58,741,000))
55,491,000
Sec. 132. 2001 2nd sp.s. c 8 s 392 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Endangered Species Act Compliance on Agency Lands (02-2-002)
The appropriation in this section is subject to the conditions and limitations of sections 905 and 906 of this act.
Appropriation:
General Fund--Federal. .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((8,800,000))
4,300,000
State Building Construction Account--State. . .. . . . . . . .$ 1,000,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . .$ ((9,800,000))
5,300,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 39,200,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((49,000,000))
44,500,000
NEW SECTION. Sec. 133. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Local and Regional Salmon Recovery Planning (03-H-001)
The water quality account--state appropriation is provided solely to fund grants to lead entities established under chapter 77.85 RCW or watershed planning units established under chapter 90.82 RCW that agree to coordinate the development of comprehensive local and regional salmon recovery plans.
Appropriation:
Water Quality Account--State. . . . .. . . . . . . . . . . . . . . . .$ 1,000,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Sec. 134. 2001 2nd sp.s. c 8 s 416 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Land Bank (02-2-013)
Appropriation:
Resources Management Cost Account--State. .. . . . . . . .$ ((4,000,000))
10,000,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 18,000,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((22,000,000))
28,000,000
NEW SECTION. Sec. 135. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Natural Resources Real Property Replacement Program (03-2-001)
The appropriation in this section is subject to the following conditions and limitations: The department and trust beneficiaries shall study options for increasing revenues to the trust. The study shall include costs and benefits over time for replacing trust lands with various trust assets including depositing funds from land transfers and sales into the permanent funds. The department shall report on the study to the legislature by December 1, 2002.
Appropriation:
Natural Resources Real Property Replacement
Account--State. . . . . . . .. . . . . . . . . . . . . . . . .$ 10,000,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10,000,000
Sec. 136. 2001 2nd sp.s. c 8 s 427 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Larch Mountain Road Reconstruction (01-S-001)
The appropriation in this section is provided solely to reconstruct the Larch Mountain road to provide safe access to the Larch Mountain correction camp and department-managed state forest lands. Expenditure of the $1,000,000 state building and construction account appropriation is contingent upon the department of natural resources utilizing the nonappropriated access road revolving fund to complete reconstruction of the Larch Mountain road. The expenditure of total state appropriated funds for this project shall not exceed $1,000,000.
Appropriation:
Access Road Revolving Fund--Nonappropriated. . . . . . .$ ((3,000,000))
2,000,000
State Building Construction Account--State. . .. . . . . . . .$ 1,000,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . .$ ((4,000,000))
3,000,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,000,000))
3,000,000
Sec. 137. 2001 2nd sp.s. c 8 s 505 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE PATROL
Spokane Crime Laboratory - Design (02-2-013)Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ ((400,000))
635,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ ((7,950,000))
7,715,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 8,350,000
Sec. 138. 2001 2nd sp.s. c 8 s 506 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE PATROL
Vancouver Crime Laboratory - ((Predesign)) Design (02-2-010)Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ ((130,000))
365,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ ((7,400,000))
7,165,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,530,000
Sec. 139. 2001 2nd sp.s. c 8 s 602 (uncodified) is amended to read as follows:
FOR THE STATE BOARD OF EDUCATION
State School Construction Assistance Grants (02-4-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) $200,000 from this appropriation is provided to fund up to two FTEs in the office of state fire marshal to exclusively review K-12 construction documents, provide on-site construction inspections, and final acceptance inspections for fire and life safety in accordance with the state building code. It is the intent of this appropriation to provide these services only to those districts that are located in counties without qualified review and inspection capabilities and that request such services.
(2) Of the fiscal year 2002 appropriation, $80,000 is provided solely for skills centers study and survey.
(3) For state assistance grants starting July 1, 2001, for purposes of calculating square foot eligibility, kindergarten student headcount shall not be reduced by fifty percent.
(4) $5,400,000 from this appropriation is provided for skills centers capital improvements. Skills centers shall submit a budget plan to the state board of education and the appropriate fiscal committees of the legislature for proposed expenditures and the proposed expenditures shall conform with state board of education rules and procedures for reimbursement of capital items. Funds not expended by June 30, 2003, shall lapse.
(5)(((a) $30,530,000 of this appropriation is provided solely to enhance the state contribution as follows:
(i) For the state board to increase the eligible square feet allocation by 1.5 square feet for grades 1-12; and
(ii) For the state board to increase the area cost allowance by $8 per square foot for grades K-12.
(b) If chapter . . . (House Bill No. 2173), Laws of 2001 2nd sp. sess. is not enacted by June 30, 2001, both the appropriation and the state board's authority to increase the eligible square feet and area cost allowance in this subsection (5) shall lapse)) $4,826,681 of this appropriation is provided solely for Blair elementary school in the Medical Lake school district due to its unique circumstances of being in a federal impact area and to obtain federal assistance.
Appropriation:
Common School Construction
Account--State (((FY 2002). . . . . . . . . . . . . . . $ 212,040,308
Common School Construction
Account--State (FY 2003). . . . . . . .. . . . . . . . . $ 226,846,421))
344,922,079
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 1,831,522,031
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,269,909,260))
2,176,444,110
NEW SECTION. Sec. 140. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR EASTERN WASHINGTON UNIVERSITY
Infrastructure Savings (03-1-001)
Projects that are completed in accordance with section 915 of this act may have their remaining funds transferred to this appropriation for other preservation projects approved by the office of financial management.
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 1
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1
Sec. 141. 2001 2nd sp.s. c 8 s 624 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
UW Bothell 2A/Cascadia Community College (00-2-015)
The reappropriation in this section is subject to the conditions and limitations under sections 902 through 904 of this act. No money from this reappropriation may be expended that would be inconsistent with the recommendations of the higher education coordinating board and the project design, scope, and schedule approved by the office of financial management.
Reappropriation:
State Building Construction Account--
State. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((29,123,099))
8,666,030
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ ((20,976,901))
38,183,970
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((50,100,000))
46,850,000
Sec. 142. 2001 2nd sp.s. c 8 s 638 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
UW Medical Center Improvements (99-2-010)
Reappropriation:
Higher Education Construction
Account--State. . . . . . . .. . . . . . . . . . . . . . . . .$ 30,000,000
Appropriation:
Higher Education Construction
Account--State. . . . . . . .. . . . . . . . . . . . . . . . .$ 2,100,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 50,000,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((80,000,000))
82,100,000
Sec. 143. 2001 2nd sp.s. c 8 s 661 (uncodified) is amended to read as follows:
FOR WASHINGTON STATE UNIVERSITY
WSU Vancouver - Multimedia/Electronic Communication Classroom Building: (02-2-907)
The appropriation in this section is subject to the conditions and limitations of sections 902 through 904 of this act. No money from the appropriation may be expended that would be inconsistent with the recommendations of the higher education coordinating board and the project design, scope, and schedule approved by the office of financial management.
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$
Washington State University Building Account--
State. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,000,000
Subtotal Appropriation. . . . . . . . . . . . . . . . .$)) 15,900,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 600,000
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 16,500,000
Sec. 144. 2001 2nd sp.s. c 8 s 701 (uncodified) is amended to read as follows:
Omnibus - Program (02-2-002)
(1) The appropriation in this section is subject to the conditions and limitations of sections 905 and 906 of this act.
(2) $350,000 of this appropriation is provided for interior classroom improvements within the Olympic south building of Pierce College at Fort Steilacoom.
Appropriation:
Central Washington University Capital Projects
Account--State. . . . . . . .. . . . . . . . . . . . . . . . .$ 3,750,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 12,559,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 16,309,000
Sec. 145. 2001 2nd sp.s. c 8 s 755 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Columbia Basin College - Electrical Substation (((99-H-004))) (99-1-004)
Reappropriation:
State Building Construction Account--State .. . . . . . . .$ 770,134
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 229,866
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Sec. 146. 2001 2nd sp.s. c 8 s 784 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Cascadia Community College: Development (00-2-501)
The reappropriation in this section is subject to the review and allotment procedures under sections 902 through 904, and 906 of this act. No money may be expended that would be inconsistent with the recommendations of the higher education coordinating board and the project design, scope, and schedule approved by the office of financial management.
Reappropriation:
State Building Construction Account--
State. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((26,581,595))
7,904,031
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ ((23,518,405))
38,945,969
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((50,100,000))
46,850,000
Sec. 147. 2001 2nd sp.s. c 8 s 824 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Technology Institute Partner College Computer Labs (((01-S-003))) (01-2-689)
The appropriation in this section is provided to construct and equip three computer science and language labs, an approximate size being 1,200 square feet, one at each of the following college districts: Highline, Olympic, and South Puget Sound.
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 1,500,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,500,000
Sec. 148. 2001 2nd sp.s. c 8 s 828 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Tacoma Science Building: New Facility (((01-S-001))) (01-2-687)
The appropriation in this section is provided to conduct a predesign of the project described in this section in accordance with the predesign manual published by the office of financial management. Future appropriations for this project are subject to the submittal of completed predesign requirements on or before July 1, 2002.
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 100,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 18,300,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 18,400,000
Sec. 149. 2001 2nd sp.s. c 8 s 829 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Green River Community College - Sciences Building: New Facility (((01-S-002))) (01-2-688)
The appropriation in this section is provided to conduct a predesign of the project described in this section in accordance with the predesign manual published by the office of financial management. Future appropriations for this project are subject to the submittal of completed predesign requirements on or before July 1, 2002.
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 100,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 18,300,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 18,400,000
NEW SECTION. Sec. 150. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Infrastructure Savings (03-1-001)
Projects that are completed in accordance with section 915 of this act may have their remaining funds transferred to this appropriation for other preservation projects approved by the office of financial management.
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 1
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1
Sec. 151. 2001 2nd sp.s. c 8 s 799 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
South Seattle Community College - Building A: Replacement (02-1-217)
The appropriation in this section is subject to the review and allotment procedures under sections 902 and 903 of this act.
Appropriation:
((Community and Technical College Capital Projects
Account--State)) State Building
Construction Account--State. . . . . .. . . . . . . .$ 5,477,400
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,477,400
Sec. 152. 2001 2nd sp.s. c 8 s 803 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Pierce College Fort Steilacoom - Portables: Replacement (02-1-223)
The appropriation in this section is subject to the review and allotment procedures under sections 902 and 903 of this act.
Appropriation:
((Community and Technical College Capital Projects
Account--State)) State Building
Construction Account--State. . . . . .. . . . . . . .$ 2,452,100
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,452,100
Sec. 153. 2001 2nd sp.s. c 8 s 804 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Lower Columbia College - Physical Science Portables: Replacement (02-1-226)
The appropriation in this section is subject to the review and allotment procedures under sections 902 and 903 of this act.
Appropriation:
((Community and Technical College Capital Projects
Account--State)) State Building
Construction Account--State. . . . . .. . . . . . . .$ 1,959,800
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,959,800
Sec. 154. 2001 2nd sp.s. c 8 s 813 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Grays Harbor Community College - Library: Renovation (02-1-311)
The appropriation in this section is subject to the review and allotment procedures under sections 902 and 903 of this act.
Appropriation:
((Community and Technical College Capital Projects
Account--State)) State Building
Construction Account--State. . . . . .. . . . . . . .$ 4,579,500
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,579,500
Sec. 155. 2001 2nd sp.s. c 8 s 907 (uncodified) is amended to read as follows:
ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS. The following agencies may enter into financial contracts, paid from any funds of an agency, appropriated or nonappropriated, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. When securing properties under this section, agencies shall use the most economical financial contract option available, including long-term leases, lease-purchase agreements, lease-development with option to purchase agreements or financial contracts using certificates of participation. Expenditures made by an agency for one of the indicated purposes before the issue date of the authorized financial contract ((may)) and any certificates of participation therein are intended to be reimbursed from proceeds of the financial contract and any certificates of participation therein to the extent provided in the agency's financing plan approved by the state finance committee.
The director of general administration shall ensure that the clustering of state facilities and the collocation and consolidation of state agencies take place where such configurations are economical and consistent with agency space needs. Agencies shall assist the department of general administration with facility collocation and consolidation efforts.
State agencies may enter into agreements with the department of general administration and the state treasurer's office to develop requests to the legislature for acquisition of properties and facilities through financial contracts. The agreements may include charges for services rendered.
(1) Secretary of state:
(a) Enter into a financing contract in the amount of $13,582,200 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase or construct a regional archives building in eastern Washington to be sited on the Eastern Washington University campus in Cheney.
(b) Enter into a financing contract in the amount of $653,800 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase technology equipment and software for an electronic data archive, provided that authority to expend funding for acquisition of technology equipment and software associated with the electronic data archive is conditioned on compliance with section 902 of the 2001-2003 operating budget bill (information services projects).
(2) Department of general administration:
(a) Enter into a financing contract in the amount of $3,956,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW, to expand the existing Isabella Bush records center in Tumwater for use by state agencies.
(b) Enter into a financing contract in the amount of $35,656,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW, to purchase two existing office buildings and associated land in Tacoma for use by the department of social and health services.
(c) Enter into a financing contract for an amount approved by the office of financial management for costs and financing expenses and required reserves pursuant to chapter 39.94 RCW to lease develop or lease purchase a state office building of 150,000 to 200,000 square feet on state-owned property in Tumwater according to the terms of the agreement with the Port of Olympia when the property was acquired or within the preferred development/leasing areas in Thurston county. The building shall be constructed and financed so that agency occupancy costs will not exceed comparable private market rental rates. The comparable general office space rate shall be calculated based on the three latest Thurston county leases of new space of at least 100,000 rentable square feet adjusted for inflation as determined by the department of general administration. The department of general administration shall coordinate with potential state agency tenants whose current lease expire near the time of occupancy so that buyout of current leases do not add to state expense. The office of financial management shall certify to the state treasurer: (i) The project description and dollar amount; and (ii) that all requirements of this subsection (2)(c) have been met.
(3) ((Military department:
(a) Enter into a financing contract in the amount of $653,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct additional space at the Spokane combined public safety training center.
(b) Enter into a financing contract in the amount of $807,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct additional space at the Bremerton readiness center.
(4))) Department of corrections:
Enter into a financing contract in the amount of $4,588,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase or construct a correctional industries transportation services warehouse.
(((5))) (4) Department of veterans affairs:
(a) Enter into a financing contract in the amount of $12,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a skilled nursing home in Retsil.
(b) Enter into a financing contract in an amount not to exceed $5,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase a state veterans' home in eastern Washington.
(((6))) (5) State parks and recreation: It is the intent of the legislature that the operating revenues of the department provide the primary source of funds necessary to meet financing contract obligations for the projects financed under this authority. In addition, state parks and recreation is authorized to pledge to make payments from appropriated funds pursuant to chapter 39.94 RCW in order to:
(a) Enter into financing contracts in the amount of $1,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase and install cabins and yurts statewide.
(b) Enter into a financing contract in an amount not to exceed $2,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for development of a multi-purpose dining and meeting facility at Fort Worden state park.
(((7))) (6) Community and technical colleges:
(a) Enter into a financing contract on behalf of Edmonds Community College in the amount of $4,106,300 plus financing expenses and reserves pursuant to chapter 39.94 RCW to renovate Lynnwood hall and Montlake Terrace hall.
(b) Enter into a financing contract on behalf of Edmonds Community College in the amount of $3,134,900 plus financing expenses and reserves pursuant to chapter 39.94 RCW to construct an addition to the student center building.
(c) Enter into a financing contract on behalf of Highline Community College in the amount of $15,006,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to replace the student union building.
(d) Enter into a financing contract on behalf of Lower Columbia College in the amount of $2,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for up to $2,500,000 to purchase the maple terrace apartments.
(e) Enter into a financing contract on behalf of Everett Community College in the amount of $1,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for remodeling of the fitness center.
(f) Enter into a financing contract on behalf of Wenatchee Valley College in the amount of $500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase two buildings and property contiguous to the college campus.
(g) Enter into a financing contract on behalf of Olympic College in the amount of $900,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for development of off-street student parking.
(h) Enter into a financing contract on behalf of Renton Technical College in the amount of $1,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the purchase of approximately ten acres within the district boundary to support a future relocation of apprenticeship programs off the main campus.
(i) Enter into a financing contract on behalf of Bellevue community college in the amount of $16,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the construction of a structured parking garage.
(((8))) (7) Central Washington University: Enter into a financing contract in the amount of $5,700,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the Central Washington University/Edmonds Community College center.
(((9))) (8) University of Washington:
(a) Enter into a financing contract in the amount of $7,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for renovation of Sand Point building 5.
(b) Enter into a financing contract in the amount of $5,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for renovation of Sand Point building 29.
(c) Enter into a financing contract in the amount of $1,600,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to complete the current, phased renovation of Sand Point building 5.
(9) The Evergreen State College: Enter into a financing contract in the amount of $1,610,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for expansion of the campus children's center.
NEW SECTION. Sec. 156. The following acts or parts of acts are each repealed:
(1) 2001 2nd sp.s. c 8 s 182 (uncodified);
(2) 2001 2nd sp.s. c 8 s 184 (uncodified);
(3) 2001 2nd sp.s. c 8 s 186 (uncodified);
(4) 2001 2nd sp.s. c 8 s 187 (uncodified); and
(5) 2001 2nd sp.s. c 8 s 421 (uncodified).
PART 2
JOB CREATION AND INFRASTRUCTURE PROGRAM
NEW SECTION. Sec. 201. The governor and legislature find that the state of Washington is faced with a serious economic downturn following the tragic events of September 11, 2001, and that creating jobs through capital construction will help stabilize and strengthen the state's long-term economy. The dollar amounts specified in this Part 2 are appropriated and authorized to be incurred for capital projects during the period ending June 30, 2003, for the purposes of stimulating the state economy through state construction projects. Except where otherwise stated, it is expected that the appropriations for the job creation and infrastructure program shall be expended primarily for direct costs of those projects.
NEW SECTION. Sec. 202. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Local/Community Projects (2002-S-005): Job Creation and Infrastructure Projects
The following projects are eligible for funding:
Projects Amount
Asia Pacific center $ 50,000
Benton county jail $ 2,000,000
Bremerton maritime park $ 500,000
Edmonds waterfront park $ 300,000
Grace Cole memorial park/Brookside creek $ 400,000
Kent station infrastructure improvements $ 900,000
Mill creek active use ball fields $ 1,000,000
Nathan Chapman trail $ 300,000
Penny creek/9th Avenue crossing $ 400,000
Port Angeles skills center/skills consortium $ 3,000,000
Puget Sound environmental learning center $ 2,000,000
Ridgefield wastewater treatment $ 585,000
Sammamish surface water treatment $ 1,500,000
Shoreline historical museum $ 28,000
Snohomish county children's museum $ 300,000
Soundview park/playground $ 200,000
Stewart heights pool project $ 500,000
Sundome seating expansion - Yakima $ 1,250,000
West central community center childcare project $ 500,000
William H. Factory small business incubator $ 250,000
Yakima ballfields $ 1,250,000
TOTAL $ 17,213,000
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 17,213,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 17,213,000
NEW SECTION. Sec. 203. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
City of Grandview: Job Creation and Infrastructure Development (2002-S-006)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided for allocation by the department to the city of Grandview for infrastructure development, including but not limited to streets, water, sewer, and other utilities associated with the siting of a warehouse distribution center. If the development agreement for the warehouse distribution center has not been signed by May 15, 2002, the appropriation in this section shall lapse.
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 1,000,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
NEW SECTION. Sec. 204. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Inland Northwest Regional Sports and Recreational Project
The appropriation in this section is subject to the following conditions and limitations: The funds shall be retained in allotment reserve until the office of financial management approves a plan by a nonprofit organization regarding development and management of this project. This review shall ensure that the governing structure of the nonprofit organization contains broad community representation and control and that there will be significant community benefits realized from the project.
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 1,500,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,500,000
NEW SECTION. Sec. 205. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Highline School District Aircraft Noise Mitigation (03-H-001)
The appropriations in this section are subject to the following conditions and limitations:
(1) The port of Seattle and the federal aviation administration must provide their share before the state appropriation may be used.
(2) The appropriations do not commit the state to make future appropriations for this program.
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 600,000
Education Construction Account--State. . . . . .. . . . . . . .$ 4,400,000
Subtotal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,000,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,000,000
NEW SECTION. Sec. 206. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Engineering and Architectural Services - Job Creation and Infrastructure Projects (03-1-001)
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 750,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 750,000
NEW SECTION. Sec. 207. FOR THE MILITARY DEPARTMENT
Job Creation and Infrastructure Projects (03-1-001)
The appropriation in this section is subject to the following conditions and limitations: The following projects are eligible for funding:
Projects Amount
Port Orchard readiness center. . . . .. . . . . . . . . . . . . . . . .$ 785,000
Anacortes readiness center. . . . . . . . . . . . . . . . . . . . . . . .$ 825,000
Ephrata readiness center. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 390,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,000,000
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 2,000,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,000,000
NEW SECTION. Sec. 208. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Job Creation and Infrastructure Projects (03-1-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The following projects are eligible for funding:
Projects Amount
Rainier school: Emergency power improvements.. . . . . . . .$ 65,000
Rainier School: Fire hydrant improvements. . . . . . . . . . . . .$ 410,000
Eastern state hospital: Replace failed sewer lines.. . . . . . . .$ 135,000
Naselle youth camp: Roofing repairs. . . . . . . . . . . . . . . . . .$ 135,000
Ridgeview group home: Replace roofing. . . . . . . . . . . . . . .$ 85,000
Rainier school: Steam distribution system repairs. . . . . . . . . . . . . . . . .$ 200,000
Parke Creek group home: Remodel and improvements. . . . $ 150,000
Woodinville treatment center: Replace exterior
windows and security improvements. . . . . . . . . . . . . . . .$ 60,000
Lakeland village: Emergency power distribution to
north campus. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 110,000
Lakeland village: Replace primary electrical feed
and switchgear. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 85,000
Naselle youth camp: Stabilize hillsides. . . . . . . . .. . . . . . . .$ 100,000
Sunrise group home: Replace exterior windows and
security improvements. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 135,000
Sunrise group home: Replace vinyl siding. . . . . . . . . . . . . .$ 85,000
(2) The department shall prioritize these projects to not exceed the amount appropriated in this section.
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 1,000,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
NEW SECTION. Sec. 209. FOR THE DEPARTMENT OF CORRECTIONS
Job Creation and Infrastructure Projects (03-1-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The following projects are eligible for funding:
Projects Amount
Washington state penitentiary roof repairs. . . .. . . . . . . .$ 426,150
McNeil Island ferry slip repairs. . . .. . . . . . . . . . . . . . . . .$ 165,000
Reynolds work release fire repairs. . . . . . . . . . . . . . . . . .$ 56,000
Tacoma prerelease roof repairs. . . . . . . . . . . . . . . . . . . . .$ 90,000
Clallam Bay exterior improvements. . . . . . . . . . . . . . . . . . . . . . . . . .$ 334,500
McNeil Island roof repairs. . . . . . . .. . . . . . . . . . . . . . . . .$ 90,699
Pine Lodge prerelease improvements. . . . . . . . . . . . . . . .$ 192,500
Monroe corrections center improvements. . . . .. . . . . . . .$ 56,000
Ahtanum View exterior improvements. . . . . . .. . . . . . . .$ 193,760
Airway Heights exterior improvements. . . . . . . . . . . . . .$ 80,000
Washington corrections center roof repairs. . . . . . . . . . .$ 1,071,870
Olympic energy plant improvements. . . . . . . . . . . . . . . .$ 179,000
McNeil Island roof repairs. . . . . . . .. . . . . . . . . . . . . . . . .$ 146,700
(2) The department shall prioritize these projects to not exceed the amount appropriated in this section.
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 1,604,609
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,604,609
Sec. 210. 2001 2nd sp.s. c 8 s 265 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Local Criminal Justice Facilities (99-2-003)
The appropriations in this section are subject to the following conditions and limitations:
(($3,000,000)) (1) $5,500,000 of the state building construction account--state appropriation is provided solely for grants to local jurisdictions for jail capacity expansion projects. Grants provided in this section shall be limited to up to $500,000 per jurisdiction.
(2) $500,000 of the state building construction account--state appropriation increase in this section is provided solely for grants to local jurisdictions for the construction of jail beds.
Reappropriation:
General Fund--Federal. .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,952,091
Appropriation:
General Fund--Federal. .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,335,619
State Building Construction Account--State. . .. . . . . . . .$ ((3,000,000))
3,500,000
Subtotal Appropriation. . . . . . . . . . . . . . . . . .$ ((4,335,619))
4,835,169
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 1,193,270
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 966,338
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((9,447,318))
9,947,318
NEW SECTION. Sec. 211. FOR THE STATE PARKS AND RECREATION COMMISSION
Job Creation and Infrastructure Projects (03-1-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The following building renovation and utility upgrade projects are eligible for funding:
Project Amount
Bayview state park: Campground comfort station $ 400,000
Belfair phase 1 sewer replacement $ 200,000
Birch Bay state park: Residence replacement $ 175,000
Camano Island state park: Group camp
comfort station replacement $ 250,000
Camano Island state park: Connect
comfort station to utility system $ 734,000
Curlew Lake state park: Campground comfort
station replacement $ 120,000
Dalles Mountain Ranch state park: Potable
water well and distribution lines $ 125,000
Fort Columbia state park: Exterior
improvements to hoste $ 250,000
Fort Canby state park: Upgrade north
head duplex and carriage house $ 290,000
Fort Simcoe state park: Preservation
of historic officers' quarters $ 233,000
Gingko state park: Interpretive
center renovation and improvements $ 300,000
Iron Horse state park: FF-16 trestle replacement $ 500,000
Iron Horse state park: South Cle Elum depot complex $ 200,000
Kitsap Memorial state park: Campground
comfort station replacement $ 380,000
Lake Sylvia state park: Day use comfort
station improvements $ 90,000
Lewis & Clark Trail state park: Improvements
to comfort stations $ 250,000
Lime Kiln state park: Garage renovation to
interpretive center $ 100,000
Millersylvania state park: Wastewater
treatment plant improvements $ 175,000
Millersylvania state park: Comfort
station 2 historic preservation $ 110,000
Millersylvania state park: Kitchen 2
historic preservation $ 60,000
Moran state park: Residence replacement $ 175,000
Moran state park: South campground
comfort station improvements $ 100,000
Moran state park: Recreational vehicle trailer sewage
disposal replacement $ 150,000
Moran state park: Kitchen shelter 8
and 21 replacement $ 112,000
Ocean Beach: Access water line purveyors $ 50,000
Ocean City state park: North Beach area
residence replacement $ 175,000
Old Fort Townsend state park: Residence
replacement $ 175,000
Olmstead Place state park: Cabin historic
preservation $ 60,000
Olmstead Place state park: Smith
house-historic preservation $ 115,000
Paradise Point state park: Campground
comfort station improvements $ 90,000
Pearrygin Lake state park: Comfort station
improvements $ 350,000
Rainbow Falls state park: Replace pedestrian
suspension bridge $ 250,000
Sacajawea state park: Interpretive
center renovation/improvements $ 600,000
Sacajawea state park: Renovate caretaker's
residence and garage $ 170,000
Sequest state park: South loop water
system improvements $ 50,000
Sequim Bay state park: Fish passage
barrier replacement $ 250,000
Statewide: Campground electrification
statewide (recreational vehicle hookups) $ 1,500,000
Statewide: Culvert replacements for fish passage $ 750,000
Statewide: Housing renovation $ 1,348,000
Thorpe Bridge: Decking and safety
railing installation $ 300,000
Twin Harbors state park: Potable
water systems improvements $ 185,000
Twin Harbors state park: West
campground comfort station replacements $ 350,000
(2) State parks shall prioritize these projects to not exceed the amount appropriated in this section.
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 9,500,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,500,000
NEW SECTION. Sec. 212. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Job Creation and Infrastructure Projects (03-1-001)
The following projects are eligible for funding:
Project Amount
Tokul creek: Hatchery pathogen-free water $ 140,000
Whitehorse hatchery: Well and pond renovation $ 300,000
Dungeness hatchery: Intakes $ 290,000
Issaquah hatchery: Phase 3 $ 238,000
Wallace river hatchery: Pollution abatement pond $ 175,000
Crop and orchard protection fencing $ 200,000
Sunnyside wildlife area: Well replacement $ 30,000
Region 5 hazardous material storage $ 45,000
Cedar creek: Trap storage $ 30,000
Statewide: Underground storage tank removal $ 50,000
Chelan hatchery storage building $ 75,000
Wenatchee: Office survey and fence $ 25,000
Wenatchee: Warehouse renovation and storage building $ 41,000
Wenatchee: Office and warehouse paint $ 12,000
Region 2: Office underground sprinkler system $ 10,000
Americans with disabilities act toilet
installation: 12 locations $ 200,000
Sherman creek: Irrigation line replacement $ 149,000
Windmill ranch wildlife area: Replace
pivot irrigation system $ 121,400
Methow: Headquarters renovations $ 43,800
Johns river wildlife area: Replace heating and
windows $ 40,200
Statewide: Elk fencing $ 500,000
St. Helens wildlife area: Bridge replacement No. 502 $ 175,000
Sunset falls bridge: Deck and safety improvements $ 75,000
Statewide: Paving of bridge approaches $ 75,000
Total: $ 3,040,400
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 3,040,400
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,040,400
NEW SECTION. Sec. 213. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Culvert Replacement for Fish Passage: Job Creation and Infrastructure Projects (03-S-001)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely to the department of fish and wildlife to replace culverts on state lands that impair fish passage. The department shall prioritize projects that affect fish species listed as threatened or endangered under the federal endangered species act.
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 500,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 500,000
NEW SECTION. Sec. 214. FOR THE DEPARTMENT OF AGRICULTURE
Fairground Health and Safety Improvements: Job Creation and Infrastructure Projects (03-S-002)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely to the department of agriculture to make grants to counties for health and safety improvements at fairs and youth shows as authorized by chapter 15.76 RCW.
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 100,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 100,000
NEW SECTION. Sec. 215. FOR THE WASHINGTON STATE PATROL
Job Creation and Infrastructure Projects (03-1-001)
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 250,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 250,000
NEW SECTION. Sec. 216. FOR THE DEPARTMENT OF TRANSPORTATION
Columbia River Dredging (03-H-001)
The appropriation in this section is provided solely to fund the second phase of a multiphase cooperative project with the state of Oregon to dredge the Columbia river. The department shall not expend the appropriation in this section unless an agreement on ocean disposal sites has been reached that protects the state's commercial crab fishery. The amount in this section shall lapse unless the state of Oregon appropriates a dollar-for-dollar match to fund its share of the project.
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 17,700,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 17,700,000
NEW SECTION. Sec. 217. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Lewis and Clark's Station Camp--Park and Infrastructure Development: Job Creation and Infrastructure Projects (2002-S-001)
Appropriation:
State Building Construction Account--State. . .. . . . . . . .$ 2,552,226
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,552,226
NEW SECTION. Sec. 218. FOR THE UNIVERSITY OF WASHINGTON
Job Creation and Infrastructure Projects (03-1-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The following projects are eligible for funding:
Project Amount
Undergraduate library ceiling. . . . . . . . . . . . . . . . . . . . . .$ 600,000
Oceanography/fisheries dock. . . . . . . . . . . . . . . . . . . . . .$ 420,000
Storm and footing drains. . . . . . . . .. . . . . . . . . . . . . . . . .$ 300,000
Eyewash stations in labs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Roof replacements. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,380,000
Bagley Hall lab renovations. . . . . . . . . . . . . . . . . . . . . . .$ 1,200,000
AA/BB Wings pipe replacement. . .. . . . . . . . . . . . . . . . .$ 1,025,000
Marine studies boiler replacement. . . . . . . . . . . . . . . . . .$ 75,000
(2) The university shall implement the eligible projects pursuant to sections 225 through 227 of this act and shall prioritize these projects to not exceed the amount appropriated in this section.
Appropriation:
Education Construction Account--State. . . . . .. . . . . . . .$ 3,500,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,500,000
NEW SECTION. Sec. 219. FOR WASHINGTON STATE UNIVERSITY
Job Creation and Infrastructure Projects (03-1-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The following projects are eligible for funding:
Project Amount
Library road. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 450,000
Stadium way. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 475,000
Storm water/sewer. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 360,000
Miscellaneous road improvements. . . . . . . . . . . . . . . . . .$ 246,500
Lighting. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 500,000
Upgrade water system. .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 435,000
Fire alarm retrofits. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 103,500
Hazardous waste product. . . . . . . . . . . . . . . . . . . . . . . . .$ 1,200,000
Miscellaneous safety projects. . . . . . . . . . . . . . . . . . . . . .$ 1,500,000
Spokane renovation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 500,000
Steam system improvements. . . . . .. . . . . . . . . . . . . . . . .$ 188,000
(2) The university shall implement the eligible projects pursuant to sections 225 through 227 of this act and shall prioritize these projects to not exceed the amount appropriated in this section.
Appropriation:
Education Construction Account--State. . . . . .. . . . . . . .$ 3,000,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,000,000
NEW SECTION. Sec. 220. FOR EASTERN WASHINGTON UNIVERSITY
Job Creation and Infrastructure Projects (03-1-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The following projects are eligible for funding:
Project Amount
Tawanka commons renovation. . . . . . . . . . . . . . . . . . . . .$ 3,684,453
Campus police dispatch. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,740,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,424,453
(2) The university shall implement the eligible projects pursuant to sections 225 through 227 of this act and shall prioritize these projects to not exceed the amount appropriated in this section.
Appropriation:
Education Construction Account--State. . . . . .. . . . . . . .$ 2,500,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,500,000
NEW SECTION. Sec. 221. FOR CENTRAL WASHINGTON UNIVERSITY
Job Creation and Infrastructure Projects (03-1-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The following projects are eligible for funding:
Project Amount
Omnibus preservation. .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,500,000
Roofing. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,500,000
(2) The university shall implement the eligible projects pursuant to sections 225 through 227 of this act and shall prioritize these projects to not exceed the amount appropriated in this section.
Appropriation:
Education Construction Account--State . . . . . . . . . . . . . . . . .$
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,500,000
NEW SECTION. Sec. 222. FOR THE EVERGREEN STATE COLLEGE
Job Creation and Infrastructure Projects (03-1-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The following projects are eligible for funding:
Project Amount
Library roof repairs and safety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,710,000
Mechanical repairs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 750,460
Reservoir fences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15,000
(2) The university shall implement the eligible projects pursuant to sections 225 through 227 of this act and shall prioritize these projects to not exceed the amount appropriated in this section.
Appropriation:
Education Construction Account--State. . . . . .. . . . . . . . . . . . . . . . .$ 2,500,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,500,000
NEW SECTION. Sec. 223. FOR WESTERN WASHINGTON UNIVERSITY
Job Creation and Infrastructure Projects (03-1-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The following projects are eligible for funding:
Project Amount
Miller hall.. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,650,000
Steam plant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Air quality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 743,000
Utilities. . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 501,000
Viking substation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 103,000
Storm water detention. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 75,000
Old main restoration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 582,000
Fire safety.. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 435,000
(2) The university shall implement the eligible projects pursuant to sections 225 through 227 of this act and shall prioritize these projects to not exceed the amount appropriated in this section.
Appropriation:
Education Construction Account--State. . . . . .. . . . . . . . . . . . . . . . .$ 3,000,000
Prior Biennia (Expenditures). . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,000,000
NEW SECTION. Sec. 224. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Job Creation and Infrastructure Projects (03-1-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The following projects are eligible for funding:
College Projects Amount
Bates Technical College Roof and facility repairs--HVAC controls and equipment and elevator $ 1,160,000
Bellevue Community College Roof repairs $ 2,374,000
Bellingham Technical College Facility repairs--HVAC $ 986,000
Big Bend Community College Facility repairs--Fume hoods $ 100,000
Clark Community College Facility repairs--Structural $ 313,000
Columbia Basin College Facility repairs--Replace heaters $ 225,000
Everett Community College Roof repairs $ 57,000
Grays Harbor Community College Bishop center; Roof and facility repairs--Electrical panels $ 745,000
Green River Community College Campus commons--Lighting, landscape, and drainage $ 600,000
Highline Community College Utility tunnels; Redondo pier; Roof repairs $ 3,189,000
Lake Washington Technical College Facility repairs--Window and roof leak damage $ 105,000
Lower Columbia College Roof repairs and removal of portables, including site work $ 290,175
Olympic Community College Facility repairs--HVAC, ventilation, and dust accumulations $ 1,354,000
Peninsula Community College Facility repairs--HVAC, domestic water, and ventilation $ 2,366,000
Pierce Community College -
Fort Steilacoom Facility repairs--HVAC, pipe, and electrical service upgrades $ 156,000
Renton Technical College Roof repairs $ 526,000
Seattle Central Community College Roof and miscellaneous repairs $ 435,000
Shoreline Community College Roof repairs $ 452,000
South Seattle Community College Roof and facility repairs--HVAC, fiber optic for EMS $ 2,301,000
Spokane Community College Roof and facility repairs--Science building rooftop heat unit $ 285,000
Spokane Falls Community College Facility repairs--HVAC, electrical service, and distribution $ 378,000
Tacoma Community College Facility repairs--HVAC, electrical $ 2,354,000
Walla Walla Community College Enology phase 2 and miscellaneous repairs $ 1,084,000
Wenatchee Valley Community College Replace portable--prep and site work; Welding lab; Roof and
facility repairs $ 2,565,000
Whatcom Community College Facility repairs--HVAC and building fungus $ 700,000
Yakima Valley Community College Electrical, fiber optic, and equipment installations for 2+2 classrooms $ 1,500,000
TOTAL $ 26,600,175
(2) The community and technical college system's board shall act to ensure that colleges implement the eligible projects pursuant to sections 225 through 227 of this act.
(3) The state building construction account--state appropriation is for the following projects: Highline Community College, Peninsula Community College, and Spokane Community College. The education construction account--state appropriation is for the remaining projects under this section.
Appropriation:
Education Construction Account--State. . . . . . . .. . . . . . . .$ 20,760,175
State Building Construction Account--State. . . . . . . . . . . .$ 5,840,000
Subtotal Appropriation. . . . . . . . . . . . . . . .$ 26,600,175
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 26,600,175
NEW SECTION. Sec. 225. Agencies shall expedite the expenditure of appropriations for the job creation and infrastructure program in order to: (1) Maximize additional private employment opportunities associated with capital expenditures; (2) expediently renew and repair a wide variety of state facilities and infrastructure; and (3) minimize reappropriations for work under this section to those projects that have been encumbered and are substantially underway by June 30, 2003. Agencies shall implement the job creation and infrastructure program within the agency's current level of employees.
NEW SECTION. Sec. 226. The following conditions apply to appropriations for the job creation and infrastructure program: (1) Agencies shall contract permitting, design, and construction services wherever appropriate; (2) agencies shall coordinate contract and project management services to meet the completion goals of this section; (3) agencies may petition the office of financial management to use agency staff or to separately contract project management services for individual projects on an exception basis by demonstrating that this approach is more cost effective and necessary to meet the timeline goals in this section; and (4) to carry out the provisions of sections 201 through 227 of this act, the office of financial management may assign responsibility for design, construction, and other related activities to any appropriate agency.
NEW SECTION. Sec. 227. To ensure that job creation and infrastructure program appropriations are carried out in accordance with legislative intent, funds shall not be allotted until eligible projects are approved by and on file with the office of financial management. Allotments for appropriations shall be provided for each eligible project in accordance with the capital project review requirements adopted by the office of financial management. No expenditure may be incurred or obligation assumed against job creation and infrastructure program appropriations until the office of financial management has approved the allotment of the funds to be expended.
The office of financial management is expected to monitor the progress of eligible projects that receive appropriations. No later than December 1, 2002, the office of financial management shall report the following information to the capital budget committee of the house of representatives and the ways and means committee of the senate: (1) A status report on each project noting percent completion; and (2) an explanation of why any appropriation remains unexpended. Agencies shall make this information available to the office of financial management upon request.
\
PART 3
MISCELLANEOUS
NEW SECTION. Sec. 301. FOR THE STATE TREASURER--TRANSFERS
For transfers in this section to the state general fund, pursuant to RCW 43.135.035(5), the state expenditure limit shall be increased by the amount of the transfer. The increase shall occur in fiscal year 2002.
Washington State University Building Account:
For transfer to the state general fund. . . . . . . . . . . . . . . . . .$ 3,000,000
Community and Technical College Capital
Projects Account: For transfer to the
state general fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14,468,800
Sec. 302. RCW 28B.30.730 and 1991 sp.s. c 13 s 50 are each amended to read as follows:
For the purpose of financing the cost of any projects, the board is hereby authorized to adopt the resolution or resolutions and prepare all other documents necessary for the issuance, sale and delivery of the bonds or any part thereof at such time or times as it shall deem necessary and advisable. Said bonds:
(1) Shall not constitute
(a) An obligation, either general or special, of the state; or
(b) A general obligation of Washington State University or of the board;
(2) Shall be
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one hundred dollars; and
(c) Fully negotiable instruments under the laws of this state; and
(d) Signed on behalf of the university by the president of the board, attested by the secretary or the treasurer of the board, have the seal of the university impressed thereon or a facsimile of such seal printed or lithographed in the bottom border thereof, and the coupons attached thereto shall be signed with the facsimile signatures of such president and secretary;
(3) Shall state
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within the series; and
(c) That the bond is payable both principal and interest solely out of the bond retirement fund;
(4) Each series of bonds shall bear interest, payable either annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of the bond retirement fund;
(6) Shall be payable at such times over a period of not to exceed forty years from date of issuance, at such place or places, and with such reserved rights of prior redemption, as the board may prescribe;
(7) Shall be sold in such manner and at such price as the board may prescribe;
(8) Shall be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon and such other terms, conditions, covenants and protective provisions safeguarding such payment, not inconsistent with RCW 28B.30.700 through 28B.30.780, and as found to be necessary by the board for the most advantageous sale thereof, which may include but not be limited to:
(a) A covenant that the building fees shall be established, maintained and collected in such amounts that will provide money sufficient to pay the principal of and interest on all bonds payable out of the bond retirement account, to set aside and maintain the reserves required to secure the payment of such principal and interest, and to maintain any coverage which may be required over such principal and interest;
(b) A covenant that a reserve account shall be created in the bond retirement fund to secure the payment of the principal of and interest on all bonds issued and a provision made that certain amounts be set aside and maintained therein;
(c) A covenant that sufficient moneys may be transferred from the Washington State University building account to the bond retirement account when ordered by the board of regents in the event there is ever an insufficient amount of money in the bond retirement account to pay any installment of interest or principal and interest coming due on the bonds or any of them;
(d) A covenant fixing conditions under which bonds on a parity with any bonds outstanding may be issued.
The proceeds of the sale of all bonds shall be deposited in the state treasury to the credit of the Washington State University building account and shall be used solely for paying the costs of the projects. The Washington State University building account shall be credited with the investment income derived pursuant to RCW 43.84.080 on the investible balances of scientific permanent fund and agricultural permanent fund, less the allocation to the state treasurer's service ((account [fund])) fund pursuant to RCW 43.08.190. During the 2001-2003 fiscal biennium, the legislature may transfer from the Washington State University building account to the state general fund such amounts as reflect the excess fund balance of the account.
Sec. 303. RCW 28B.50.360 and 2000 c 65 s 1 are each amended to read as follows:
Within thirty-five days from the date of start of each quarter all collected building fees of each such community and technical college shall be paid into the state treasury, and shall be credited as follows:
(1) On or before June 30th of each year the college board if issuing bonds payable out of building fees shall certify to the state treasurer the amounts required in the ensuing twelve-month period to pay and secure the payment of the principal of and interest on such bonds. The state treasurer shall thereupon deposit the amounts so certified in the community and technical college capital projects account. Such amounts of the funds deposited in the community and technical college capital projects account as are necessary to pay and secure the payment of the principal of and interest on the building bonds issued by the college board as authorized by this chapter shall be exclusively devoted to that purpose. If in any twelve-month period it shall appear that the amount certified by the college board is insufficient to pay and secure the payment of the principal of and interest on the outstanding building bonds, the state treasurer shall notify the college board and such board shall adjust its certificate so that all requirements of moneys to pay and secure the payment of the principal and interest on all such bonds then outstanding shall be fully met at all times.
(2) The community and technical college capital projects account is hereby created in the state treasury. The sums deposited in the capital projects account shall be appropriated and expended exclusively to pay and secure the payment of the principal of and interest on bonds payable out of the
building fees and for the construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other capital assets owned by the state board for community and technical colleges in the name of the state of Washington, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto, and for the payment of principal of and interest on any bonds issued for such purposes. During the 2001-2003 fiscal biennium, the legislature may transfer from the account to the state general fund such amounts as reflect the excess fund balance of the account.
NEW SECTION. Sec. 304. In order to coordinate 2003-2005 capital budget requests with the joint legislative audit and review committee's study of higher education facility preservation, each higher education baccalaureate institution and the state board for community and technical colleges shall report the following information to the joint legislative audit and review committee, the office of financial management, and the higher education coordinating board by the following dates:
(1) By May 1, 2002, a list of all facility renovation and replacement projects for which the baccalaureate institution or state board for community and technical colleges anticipates requesting over five million dollars will be requested in the first six years of the 2003-2013 ten year capital plan; and
(2) By July 1, 2002, planning, justification, and budget information for each listed project, including completed predesigns for 2003-2005 projects.
NEW SECTION. Sec. 305. (1) The public works board shall provide a follow-up to its 1998 infrastructure needs assessment by reevaluating existing infrastructure financing sources available for local government infrastructure needs, as currently authorized by the state.
(2) The evaluation shall include a listing, description, and the extent of utilization of all state authorized financing options. The evaluation shall also determine how these sources could be used more effectively, and recommend legislation necessary to make the sources more usable.
(3) The public works board shall work in cooperation with the legislative evaluation and accountability program, the municipal research council, and house of representatives and senate fiscal committees, as deemed appropriate. The public works board may also utilize state agencies, community officials, private business organizations, labor organizations, and other entities as appropriate in conducting the evaluation.
(4) The public works board shall report its findings to the house of representatives capital budget committee and the senate ways and means committee by December 1, 2002.
NEW SECTION. Sec. 306. (1) A joint select committee on capitol historic district governance is established. The joint select committee, in consultation with the state capitol committee and the department of general administration, shall conduct a study to assess, at a minimum, the feasibility of: (a) Creating a separate entity to oversee the future maintenance and preservation needs of the state legislative building, the John A. Cherberg building, the John L. O'Brien building, the Newhouse building, and the Pritchard building; (b) an organizational structure for this entity; and (c) a recommendation of funding needed for the creation and on-going operation of this entity with consideration given to the necessary and unique preservation requirements for continued maintenance of these historical buildings.
(2) The joint select committee consists of two members selected by the speaker of the house of representatives, one from each major caucus, and two members selected by the president of the senate, one from each major caucus. The committee shall be staffed by the house of representatives office of program research and senate committee services.
(3) The committee shall report its findings and recommendations to the legislature by December 1, 2002.
NEW SECTION. Sec. 307. 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. 308. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
On page 1, line 1 of the title, after "budget;" strike the remainder of the title and insert "amending RCW 28B.30.730 and 28B.50.360; amending 2001 2nd sp.s. c 8 ss 111, 117, 118, 173, 157, 183, 257, 270, 278, 303, 311, 313, 344, 346, 348, 350, 354, 387, 388, 390, 392, 416, 427, 505, 506, 602, 624, 638, 661, 701, 755, 784, 824, 828, 829, 799, 803, 804, 813, 907, and 265 (uncodified); adding new sections to 2001 2nd sp.s. c 8 (uncodified); creating new sections; repealing 2001 2nd sp.s. c 8 ss 182, 184, 186, 187, and 421 (uncodified); making appropriations; authorizing expenditures for capital improvements; and declaring an emergency.", and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
MOTION
Senator Fairley moved that the Senate concur in the House amendments to Engrossed Senate Bill No. 6396.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Fairley that the Senate concur in the House amendments to Engrossed Senate Bill No. 6396.
The motion by Senator Fairley carried and the Senate concurred in the House amendments to Engrossed Senate Bill No. 6396.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6396, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6396, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 1; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Voting nay: Senator Eide - 1.
Excused: Senator McCaslin - 1.
ENGROSSED SENATE BILL NO. 6396, as amended by the House, having received the constitutional sixty percent 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 Costa, the Senate advanced to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 2926, by House Committee on Appropriations (originally sponsored by Representatives Clements and Grant)
Transferring the state library to the office of the secretary of state.
The bill was read the second time.
MOTION
On motion of Senator Costa, the rules were suspended, Substitute House Bill No. 2926 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. 2926.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2926 and the bill passed the Senate by the following vote: Yeas, 41; Nays, 3; Absent, 4; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, Morton, Oke, Parlette, Poulsen, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 41.
Voting nay: Senators Finkbeiner, Jacobsen and Snyder - 3.
Absent: Senators Hargrove, McDonald, Prentice and Sheldon, T. - 4.
Excused: Senator McCaslin - 1.
SUBSTITUTE HOUSE BILL NO. 2926, 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. 1646, by House Committee on Education (originally sponsored by Representatives D. Schmidt, Haigh, Talcott, Keiser, Cox, Schual-Berke, Anderson, Pearson, Quall, Santos, Rockefeller, McDermott, Schindler, Conway, Bush and Dunn
Including the Washington national guard youth challenge program as an alternative educational service provider.
The bill was read the second time.
MOTION
On motion of Senator McAuliffe, the rules were suspended, Second Substitute House Bill No. 1646 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 1646.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 1646 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator McCaslin - 1.
SECOND SUBSTITUTE HOUSE BILL NO. 1646, 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 Spanel, the following resolution was adopted:
SENATE RESOLUTION 8792
By Senators Spanel, Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, B. Sheldon, T. Sheldon, Shin, Snyder, Stevens, Swecker, Thibaudeau, West, Winsley, and Zarelli
WHEREAS, The successes of the Washington State Senate often reflect the tireless efforts of a very talented and dedicated staff working behind the scenes; and
WHEREAS, Staff people who were pioneers in the early years of legislative staff organization, along with others, are now reaching the point of retirement, if not exhaustion; and
WHEREAS, Ross Antipa, Dick Armstrong, Myrna Beebe, Dave Cheal, Bev Eikenberry, Bill Freund, Sue LaVack,and Nina Weld are among those staff looking forward to retirement in the coming year; and
WHEREAS, Dr. Ross Antipa began a long career of dedicated public service in 1967 as an infantryman on the front lines in Vietnam where he earned one bronze star for meritorious service, the combat infantry badge, and two bronze stars for heroism; and
WHEREAS, The fish in waters from British Columbia to the Columbia River will be even more endangered when Ross’s boat hits the
water this summer; and
WHEREAS, In 1974, shortly after graduation from the University of Oregon Law School, Dick Armstrong was hired by the Washington State Senate by Senator Frank Woody, fired by Senator Bob Grieve, and rehired by Senator Gordon Sandison–all within a matter of days; and
WHEREAS, a young, but persistent Dick Armstrong survived those early days with his now legendary good humor, and soon after was actually put on the Senate payroll; and
WHEREAS, Myrna Beebe joined the Senate in 1972, in the Autotype Pool, and her energetic and illustrious career has included several positions in the Senate staff, barely leaving time for Sorority, pinochle, bunco group, birthday club, car club and playing golf with the Capitol City Executive Women’s group, as well as redecorating a room in her house as a Mariner Room; and
WHEREAS, Dave Cheal first joined the Washington State Legislature in 1974, but then decided Guam would be warmer and sunnier; and
WHEREAS, after spending time in the tropics, Dave actually chose to return to the House staff in 1984 and then wisely transferred to the Senate in 1985, where he has served ever since, providing wise counsel, gracious service, and friendship to members of the Legislature; and
WHEREAS, Dave Cheal will soon retire to his newly constructed retirement nest to spend time with wife and family, working in his wood shop, and traveling at his leisure; and
WHEREAS, Beverly, “Bev” Eikenberry, a caring, dedicated and exemplary Senior Legislative Assistant to the Senate Republican Caucus, has served the caucus with unparalleled enthusiasm and commitment since January 1997; and
WHEREAS, the Senate Republican Caucus has benefitted greatly from Bev’s cheery disposition, thoughtful personality, political institutional memory, and willingness to go beyond her assigned duties to help anyone at any time efficiently and with a smile; and
WHEREAS, Bill Freund, replete with a Navy discharge, an Economics degree, a full head of hair, and a sunny disposition, joined the legislative staff in 1973; and
WHEREAS, after a career which included playing a critical role in legislative development and implementation of the Basic Education Act and serving as a primary architect of K-12 funding models will soon retire to a life of farming, fishing, hunting and family, but will hopefully continue his work, at least on a part-time basis, as one of the state’s favorite curmudgeons and foremost experts in K-12 Education policy and finance; and
WHEREAS, Sue LaVack began her illustrious career cleaning the Senate during sessions starting in 1974, which went so well she started cleaning the books in 1980; and
WHEREAS, When Sue first started with the Senate, she thought “biennium” was something that grew on a foot, and that PvR was a type of plumbing pipe;
WHEREAS, Even though Sue doesn’t have a precise retirement date, she has said that her love for the Mariners, golf, pinochle and bunco, not to mention travel and family time, just don’t leave room for another legislative session; and
WHEREAS, Nina Weld joined the Senate in 1977 in the Workroom, and went to the Accounting office in 2000; and
WHEREAS, Nina loves the sunshine and you will soon find her basking poolside in Hawaii, Reno, Las Vegas, and attending many Mariner games. Nina is a “stamper” and makes custom greeting cards and other crafts and could open a craft shop and offer classes on the sixty acres of property she and hubby, Roger, just purchased;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate extends its heartfelt thanks and gratitude to Ross Antipa, Dick Armstrong, Myrna Beebe, Dave Cheal, Bev Eikenberry, Bill Freund, Sue LaVack, and Nina Weld for their service, friendship, and the legacy they leave; and
BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Ross, Dick, Myrna, Dave, Bev, Bill, Sue and Nina asking that they not forget us.
Senators Deccio, Snyder, West, Hargrove, Long, McDonald, McAuliffe, Betti Sheldon, Benton, Prentice, Roach Kline and Jacobsen spoke to Senate Resolution 8792.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the special guests, the retirees, who were seated in the gallery.
PERSONAL PRIVILEGE
Senator McDonald: “A point of personal privilege, Mr. President. One of the things I said, and before Bill Freund leaves I would like to say something else. One of the proudest things, I think, that I have been able to do–we were talking about it–Randy Hodgins and I–is in the twenty-four years that I have been here--is help build that staff. I think it is really one of the premier groups around. It was a real privilege to have Bill, up there, and I’ll talk about that in just a minute. One of the other really proud accomplishments in the twenty-four years that I have been here is something that we really accomplished here on this floor in this session. Gradually, we have seen bi-partisanship as the majority getting the minority to go along with it and you got a little something from it. What we did, this time, was say there are real concerns of the minority party and there are real concerns of the majority party and we are going to knock heads and we are going to come to a resolution and we are going to make something that works for both of us. I think we did that this time. We did the state-wide budget, which is still to be passed, but I believe that will happen and we will stick with you to make sure that it will happen. We did, also, the regional package that we needed to do.
“These are tremendous accomplishments and I got to thinking–ever the engineer. I sat down and calculated that I have been here a fifth of the time that this state has been a state. Actually, that is twenty-one, point two percent, but who is counting. I got to thinking about that–Jane and I, and that is long enough. I have had a tremendous run here. I have been able to be the leader of this caucus. I have been the Ways and Means chairman. I have had great staff by Bill Freund and Martin Flynn–and I got to be the majority leader of this great body, so I just wanted to tell you that I am not running for reelection and I didn’t know that this is going to be quite as hard as it is, but it has been a real pleasure. I have been proud of the relationships that I have had with everybody. Thank you very much.”
PERSONAL PRIVILEGE
Senator McAuliffe: “A point of personal privilege, Mr. President. I would like to take this moment to thank you, Lieutenant Governor
for your work that you do with the young people in this state to provide programs, just as this book, and also to bring your music and talent to help children have a good life instead of a life that is filled with drugs or problems. So, you certainly are an inspiration and we appreciate the book as well, and the work that you do for our young people in the state.”
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGES FROM THE HOUSE
March 14, 2002
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following bills as amended by the Senate:
SECOND SUBSTITUTE HOUSE BILL NO. 2338,
HOUSE BILL NO. 2425,
ENGROSSED HOUSE BILL NO. 2901.
CYNTHIA ZEHNDER, Chief Clerk
March 14, 2002
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to SECOND SUBSTITUTE HOUSE BILL NO. 1531 and passed the bill as amended by the Senate.
CYNTHIA ZEHNDER, Chief Clerk
March 14, 2002
MR. PRESIDENT:
The Speaker has signed SECOND SUBSTITUTE HOUSE BILL NO. 1531, and the same is herewith transmitted..
CYNTHIA ZEHNDER, Chief Clerk
March 14, 2002
MR. PRESIDENT:
The Speaker has signed ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 6140, and the same is herewith transmitted..
CYNTHIA ZEHNDER, Chief Clerk
March 14, 2002
MR. PRESIDENT:
The Speaker has signed:
SENATE BILL NO. 5082,
THIRD SUBSTITUTE SENATE BILL NO. 5514,
SECOND SUBSTITUTE SENATE BILL NO. 5949,
SECOND SUBSTITUTE SENATE BILL NO. 6353,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6387,
SENATE BILL NO. 6591,
SUBSTITUTE SENATE BILL NO. 6641,
SUBSTITUTE SENATE BILL NO. 6814,
SUBSTITUTE SENATE BILL 6823,
SENATE BILL NO. 6828,
SENATE BILL NO. 6832,
SUBSTITUTE SENATE BILL NO. 6833, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 14, 2002
MR. PRESIDENT:
The Speaker has signed:
SECOND SUBSTITUTE HOUSE BILL NO. 2338,
HOUSE BILL NO. 2380,
SECOND SUBSTITUTE HOUSE BILL NO. 2403,
HOUSE BILL NO. 2425,
HOUSE BILL NO. 2444,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2506,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2560,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2671,
ENGROSSED HOUSE BILL NO. 2723,
SUBSTITUTE HOUSE BILL NO. 2758,
ENGROSSED HOUSE BILL NO. 2901,
ENGROSSED HOUSE BILL NO. 2993,
ENGROSSED HOUSE BILL NO. 3011,
HOUSE CONCURRENT RESOLUTION NO. 4427.
MOTIONS
On motion of Senator Snyder, the Committee on Rules was relieved of further consideration of Senate Bill No. 6540 and Substitute House Bill No. 2632.
On motion of Senator Snyder, the Committee on Ways and Means was relieved of further consideration of Second Substitute House Bill No. 2697.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING
SCR 8435 By Senator Snyder
Exempting Senate Bill No. 6785 and Senate Bill No. 6540 from Senate Concurrent Resolution No. 8424.
WHEREAS, Senate Concurrent Resolution No. 8424 established cutoff dates for consideration of legislation during the 2002 Regular Session of the Fifty-Seventh Legislature;
NOW, THEREFORE, BE IT RESOLVED, By the Senate of the State of Washington, the House of Representatives concurring, That the cutoff dates established in Senate Concurrent Resolution No. 8424 shall not apply to Senate Bill No. 6785 (estate tax) and Senate Bill No. 6540 (simplifying tax administration).
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, Senate Concurrent Resolution No. 8435 was advanced to second reading, and placed on the second reading calendar.
MOTIONS
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
On motion of Senator Snyder, the rules were suspended, Senate Concurrent Resolution No. 8435 was advanced to third reading and the concurrent resolution was placed on final passage.
SENATE CONCURRENT RESOLUTION NO. 8435 was adopted by voice vote.
SECOND READING
HOUSE BILL NO. 2846, by Representatives Romero, Dunshee, Mulliken
Requiring specific funding to implement the buildable lands review and evaluation program.
The bill was read the second time.
MOTION
On motion of Senator Gardner, the rules were suspended, House Bill No. 2846 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. 2846.
ROLL CALL
The Secretary called the roll on the final passage of House Bill No. 2846 and the bill passed the Senate by the following vote: Yeas, 27; Nays, 19; Absent, 2; Excused, 1.
Voting yea: Senators Brown, Carlson, Costa, Eide, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Horn, Jacobsen, Kastama, Keiser, Kohl-Welles, McAuliffe, Oke, Poulsen, Prentice, Rasmussen, Regala, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Thibaudeau and Winsley - 27.
Voting nay: Senators Benton, Deccio, Fairley, Hale, Hewitt, Hochstatter, Honeyford, Johnson, Long, McDonald, Morton, Parlette, Roach, Rossi, Sheahan, Stevens, Swecker, West and Zarelli - 19.
Absent: Senators Haugen and Kline - 2.
Excused: Senator McCaslin - 1.
HOUSE BILL NO. 2846, 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
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Thibaudeau, Gubernatorial Appointment No. 9240, Ida Zodrow, as Administrator of the Washington State
Health Care Authority, was confirmed.
Senators Thibaudeau, Deccio and Parlette spoke to the confirmation of Ida Zodrow as Administrator for the Washington State Health Care Authority.
APPOINTMENT OF IDA ZODROW
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 6; Excused, 1
Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 42.
Absent: Senators Benton, Haugen, Kline, Poulsen, Snyder and Spanel - 6.
Excused: Senator McCaslin - 1.
MOTION
On motion of Senator Eide, Senators Haugen, Kline, Snyder, Spanel and Thibaudeau were excused.
SECOND READING
SECOND SUBSTITUTE HOUSE BILL NO. 2697, by Local Government and Housing (originally sponsored by Representatives Reardon, Anderson, Berkey, Pflug, Sullivan, Nixon, Esser,Delvin, Jarrett, Upthegrove and Simpson)
Incorporating effective economic development planning into growth management planning.
The bill was read the second time.
MOTION
On motion of Senator Tim Sheldon, the following Committee on State and Local Government striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.70A.020 and 1990 1st ex.s. c 17 s 2 are each amended to read as follows:
The following goals are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040. The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations:
(1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner.
(2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development.
(3) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans.
(4) Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock.
(5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities.
(6) Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions.
(7) Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability.
(8) Natural resource industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.
(9) Open space and recreation. ((Encourage the retention of)) Retain open space ((and development of)), enhance recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks and recreation facilities.
(10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water.
(11) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.
(12) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards.
(13) Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance.
Sec. 2. RCW 36.70A.070 and 1998 c 171 s 2 are each amended to read as follows:
The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140.
Each comprehensive plan shall include a plan, scheme, or design for each of the following:
(1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the quality and quantity of ground water used for public water supplies. Where applicable, the land use element shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.
(2) A housing element ensuring the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary to manage projected growth; (b) includes a statement of goals, policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including single-family residences; (c) identifies sufficient land for housing, including, but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily
housing, and group homes and foster care facilities; and (d) makes adequate provisions for existing and projected needs of all economic segments of the community.
(3) A capital facilities plan element consisting of: (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent. Park and recreation facilities shall be included in the capital facilities plan element.
(4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.
(5) Rural element. Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources. The following provisions shall apply to the rural element:
(a) Growth management act goals and local circumstances. Because circumstances vary from county to county, in establishing patterns of rural densities and uses, a county may consider local circumstances, but shall develop a written record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of this chapter.
(b) Rural development. The rural element shall permit rural development, forestry, and agriculture in rural areas. The rural element shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses. In order to achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural densities and uses that are not characterized by urban growth and that are consistent with rural character.
(c) Measures governing rural development. The rural element shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by:
(i) Containing or otherwise controlling rural development;
(ii) Assuring visual compatibility of rural development with the surrounding rural area;
(iii) Reducing the inappropriate conversion of undeveloped land into sprawling, low-density development in the rural area;
(iv) Protecting critical areas, as provided in RCW 36.70A.060, and surface water and ground water resources; and
(v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170.
(d) Limited areas of more intensive rural development. Subject to the requirements of this subsection and except as otherwise specifically provided in this subsection (5)(d), the rural element may allow for limited areas of more intensive rural development, including necessary public facilities and public services to serve the limited area as follows:
(i) Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed-use areas, whether characterized as shoreline development, villages, hamlets, rural activity centers, or crossroads developments. A commercial, industrial, residential, shoreline, or mixed-use area shall be subject to the requirements of (d)(iv) of this subsection, but shall not be subject to the requirements of (c)(ii) and (iii) of this subsection. An industrial area is not required to be principally designed to serve the existing and projected rural population;
(ii) The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting, but that do not include new residential development. A small-scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population. Public services and public facilities shall be limited to those necessary to serve the recreation or tourist use and shall be provided in a manner that does not permit low-density sprawl;
(iii) The intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents. Public services and public facilities shall be limited to those necessary to serve the isolated nonresidential use and shall be provided in a manner that does not permit low-density sprawl;
(iv) A county shall adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, authorized under this subsection. Lands included in such existing areas or uses shall not extend beyond the logical outer boundary of the existing area or use, thereby allowing a new pattern of low-density sprawl. Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands if limited as provided in this subsection. The county shall establish the logical outer boundary of an area of more intensive rural development. In establishing the logical outer boundary the county shall address (A) the need to preserve the character of existing natural neighborhoods and communities, (B) physical boundaries such as bodies of water, streets and highways, and land forms and contours, (C) the prevention of abnormally irregular boundaries, and (D) the ability to provide public facilities and public services in a manner that does not permit low-density sprawl;
(v) For purposes of (d) of this subsection, an existing area or existing use is one that was in existence:
(A) On July 1, 1990, in a county that was initially required to plan under all of the provisions of this chapter;
(B) On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the provisions of this chapter under RCW 36.70A.040(2); or
(C) On the date the office of financial management certifies the county's population as provided in RCW 36.70A.040(5), in a county that is planning under all of the provisions of this chapter pursuant to RCW 36.70A.040(5).
(e) Exception. This subsection shall not be interpreted to permit in the rural area a major industrial development or a master planned resort unless otherwise specifically permitted under RCW 36.70A.360 and 36.70A.365.
(6) A transportation element that implements, and is consistent with, the land use element.
(a) The transportation element shall include the following subelements:
(i) Land use assumptions used in estimating travel;
(ii) Estimated traffic impacts to state-owned transportation facilities resulting from land use assumptions to assist the department of transportation in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess the impact of land-use decisions on state-owned transportation facilities;
(iii) Facilities and services needs, including:
(A) An inventory of air, water, and ground transportation facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning. This inventory must include state-owned transportation facilities within the city or county's jurisdiction boundaries;
(B) Level of service standards for all locally owned arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated;
(C) For state-owned transportation facilities, level of service standards for highways, as prescribed in chapters 47.06 and 47.80 RCW, to gauge the performance of the system. The purposes of reflecting level of service standards for state highways in the local comprehensive plan are to monitor the performance of the system, to evaluate improvement strategies, and to facilitate coordination between the county's or city's six-year street, road, or transit program and the department of transportation's six-year investment program. The concurrency requirements of (b) of this subsection do not apply to transportation facilities and services of statewide significance except for counties consisting of islands whose only connection to the mainland are state highways or ferry routes. In these island counties, state highways and ferry route capacity must be a factor in meeting the concurrency requirements in (b) of this subsection;
(D) Specific actions and requirements for bringing into compliance locally owned transportation facilities or services that are below an established level of service standard;
(E) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth;
(F) Identification of state and local system needs to meet current and future demands. Identified needs on state-owned transportation facilities must be consistent with the statewide multimodal transportation plan required under chapter 47.06 RCW;
(iv) Finance, including:
(A) An analysis of funding capability to judge needs against probable funding resources;
(B) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems. The multiyear financing plan should be coordinated with the six-year improvement program developed by the department of transportation as required by RCW 47.05.030;
(C) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;
(v) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions;
(vi) Demand-management strategies.
(b) After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6) "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.
(c) The transportation element described in this subsection (6), and the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, RCW 35.58.2795 for public transportation systems, and RCW 47.05.030 for the state, must be consistent.
(7) An economic development element establishing local goals, policies, objectives, and provisions for economic growth and vitality and a high quality of life. The element shall include: (a) A summary of the local economy such as population, employment, payroll, sectors, businesses, sales, and other information as appropriate; (b) a summary of the strengths and weaknesses of the local economy defined as the commercial and industrial sectors and supporting factors such as land use, transportation, utilities, education, workforce, housing, and natural/cultural resources; and (c) an identification of policies, programs, and projects to foster economic growth and development and to address future needs. A city that has chosen to be a residential community is exempt from the economic development element requirement of this subsection.
(8) A park and recreation element that implements, and is consistent with, the capital facilities plan element as it relates to park and recreation facilities. The element shall include: (a) Estimates of park and recreation demand for at least a ten-year period; (b) an evaluation of facilities and service needs; and (c) an evaluation of intergovernmental coordination opportunities to provide regional approaches for meeting park and recreational demand.
(9) It is the intent that new or amended elements required after January 1, 2002, be adopted concurrent with the scheduled update provided in RCW 36.70A.130. Requirements to incorporate any such new or amended elements shall be null and void until funds sufficient to cover applicable local government costs are appropriated and distributed by the state at least two years before local government must update comprehensive plans as required in RCW 36.70A.130."
MOTIONS
On motion of Senator Tim Sheldon, the following title amendment was adopted:
On page 1, line 2 of the title, after "planning;" strike the remainder of the title and insert "and amending RCW 36.70A.020 and 36.70A.070."
On motion of Senator Tim Sheldon, the rules were suspended, Second Substitute House Bill No. 2697, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute House Bill No. 2697, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute House Bill No. 2697, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 40; Nays, 0; Absent, 3; Excused, 6.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West and Winsley - 40.
Absent: Senators Jacobsen, Sheahan and Zarelli - 3.
Excused: Senators Haugen, Kline, McCaslin, Snyder, Spanel and Thibaudeau - 6.
SECOND SUBSTITUTE HOUSE BILL NO. 2697, 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. 6540, by Senators Regala and Poulsen
Simplifying excise and property tax administration.
MOTIONS
On motion of Senator Regala, Substitute Senate Bill No. 6540 was substituted for Senate Bill No. 6540 and the substitute bill was advanced to second reading and read the second time.
On motion of Senator Regala, the rules were suspended, Substitute Senate Bill No. 6540 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. 6540.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6540 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 46.
Excused: Senators McCaslin, Snyder and Spanel - 3.
SUBSTITUTE SENATE BILL NO. 6540, 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
CONFIRMATION OF GUBERNATORIAL APPOINTMENTS
MOTION
On motion of Senator Spanel, Gubernatorial Appointment No. 9217, Jose Ruiz, as a member of the State Board for Community and Technical Colleges, was confirmed.
APPOINTMENT OF JOSE RUIZ
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 43; Nays, 0; Absent, 4; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West and Winsley - 43.
Absent: Senators Haugen, Kline, Roach and Zarelli - 4.
Excused: Senators McCaslin and Snyder - 2.
MOTION
On motion of Senator Rasmussen, Gubernatorial Appointment No. 9198, Howard Granger, as a member of the Board of Directors for the Small Business Export Finance Assistance Center, was confirmed.
APPOINTMENT OF HOWARD GRANGER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Excused: Senators McCaslin and Snyder - 2.
MOTION
On motion of Senator Hewitt, Senators Benton and Roach were excused.
MOTION
On motion of Senator Kline, Gubernatorial Appointment No. 9165, Deborah Moore, as a member of the Sentencing Guidelines Commission, was confirmed.
APPOINTMENT OF DEBORAH MOORE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 45; Nays, 0; Absent, 1; Excused, 3.
Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 45.
Absent: Senator Haugen - 1.
Excused: Senators Benton, McCaslin and Roach - 3.
MOTION
On motion of Senator McAuliffe, Gubernatorial Appointment No. 9222, Art Himmler, as a member of the Academic Achievement and Accountability Commission, was confirmed.
APPOINTMENT OF ART HIMMLER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 38; Nays, 0; Absent, 8; Excused, 3.
Voting yea: Senators Brown, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Hewitt, Hochstatter, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau and Zarelli - 38.
Absent: Senators Carlson, Deccio, Haugen, Honeyford, Kline, Snyder, West and Winsley - 8.
Excused: Senators Benton, McCaslin and Roach - 3.
MOTION
On motion of Senator Eide, Senators Haugen and Kline were excused.
MOTION
On motion of Senator Regala, Gubernatorial Appointment No. 9161, Duane Sommers, as a member of the Board of Trustees for the State School for the Deaf, was confirmed.
Senators Regala and Carlson spoke to the confirmation of Duane Sommers as a member of the Board of Trustees for the State School for the Deaf.
APPOINTMENT OF DUANE SOMMERS
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 42; Nays, 0; Absent, 2; Excused, 5.
Voting yea: Senators Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 42.
Absent: Senators Gardner and Snyder - 2.
Excused: Senators Benton, Haugen, Kline, McCaslin and Roach - 5.
MOTION
On motion of Senator Kohl-Welles, Gubernatorial Appointment No. 9199, Roberta Greene, as a member of the Higher Education Coordinating Board, was confirmed.
APPOINTMENT OF ROBERTA GREENE
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 33; Nays, 0; Absent, 11; Excused, 5.
Voting yea: Senators Brown, Carlson, Eide, Fairley, Franklin, Fraser, Gardner, Hale, Hewitt, Hochstatter, Honeyford, Jacobsen, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, Morton, Oke, Parlette, Poulsen, Prentice, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Swecker, West, Winsley and Zarelli - 33.
Absent: Senators Costa, Deccio, Finkbeiner, Hargrove, Horn, Johnson, McDonald, Rasmussen, Snyder, Spanel and Thibaudeau - 11.
Excused: Senators Benton, Haugen, Kline, McCaslin and Roach - 5.
MOTION
On motion of Senator Sheahan, Gubernatorial Appointment No. 9164, Inez Zozaya-Geist, as a member of the Board of Trustees for Eastern Washington University, was confirmed.
APPOINTMENT OF INEZ ZOZAYA-GEIST
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 33; Nays, 0; Absent, 11; Excused, 5.
Voting yea: Senators Brown, Carlson, Deccio, Eide, Fairley, Franklin, Fraser, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Winsley and Zarelli - 33.
Absent: Senators Costa, Finkbeiner, Gardner, Kastama, Keiser, Poulsen, Snyder, Spanel, Swecker, Thibaudeau and West - 11.
Excused: Senators Benton, Haugen, Kline, McCaslin and Roach - 5.
MOTION
On motion of Senator Eide, Senators Costa, Gardner, Kastama, Keiser, Poulsen, Snyder and Spanel were excused.
MOTION
On motion of Senator Sheahan, Gubernatorial Appointment No. 9138, Elmira Forner, as a member of the Transportation Commission, was confirmed.
Senators Sheahan and Johnson spoke to the confirmation of Elmira Forner as a member of the Transportation Commission.
APPOINTMENT OF ELMIRA FORNER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 31; Nays, 0; Absent, 6; Excused, 12.
Voting yea: Senators Carlson, Deccio, Eide, Fairley, Franklin, Fraser, Hale, Hargrove, Hewitt, Hochstatter, Honeyford, Johnson, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Prentice, Rasmussen, Regala, Sheahan, Sheldon, B., Sheldon, T., Shin, Stevens, Thibaudeau, West, Winsley and Zarelli - 31.
Absent: Senators Brown, Finkbeiner, Horn, Jacobsen, Rossi and Swecker - 6.
Excused: Senators Benton, Costa, Gardner, Haugen, Kastama, Keiser, Kline, McCaslin, Poulsen, Roach, Snyder and Spanel - 12.
MOTION
At 10:20 p.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 10:54 p.m. by President Owen.
MOTION
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGES FROM THE HOUSE
March 14, 2002
MR. PRESIDENT:
The House receded from its amendment(s) to SUBSTITUTE SENATE BILL NO. 5097 and passed the bill without the House amendment(s), and the same is herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 14, 2002
MR. PRESIDENT:
The House passed the following bills:
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6560,
SENATE BILL NO. 6835, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 14, 2002
MR. PRESIDENT:
The Speaker has signed:
SECOND SUBSTITUTE HOUSE BILL NO. 1646,
SUBSTITUTE HOUSE BILL NO. 2926, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SECOND SUBSTITUTE HOUSE BILL NO. 2338,
HOUSE BILL NO. 2380,
SECOND SUBSTITUTE HOUSE BILL NO. 2403,
HOUSE BILL NO. 2425,
HOUSE BILL NO. 2444,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2506,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2560,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2671,
ENGROSSED HOUSE BILL NO. 2723,
SUBSTITUTE HOUSE BILL NO. 2758,
SECOND SUBSTITUTE HOUSE BILL NO. 2867,
ENGROSSED HOUSE BILL NO. 2901.
ENGROSSED HOUSE BILL NO. 2993,
ENGROSSED HOUSE BILL NO. 3011,
HOUSE CONCURRENT RESOLUTION NO. 4427,
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5097,
SUBSTITUTE SENATE BILL NO. 6396,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6560,
SENATE BILL NO. 6818,
SENATE BILL NO. 6835.
SIGNED BY THE PRESIDENT
The President signed:
SECOND SUBSTITUTE HOUSE BILL NO. 1531,
SECOND SUBSTITUTE HOUSE BILL NO. 1646,
SUBSTITUTE HOUSE BILL NO. 2926.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
SECOND READING
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2451, by House Committee on Transportation (originally sponsored by Representatives Fisher, chase and Ogden) (by request of Governor Locke)
Making supplemental transportation appropriations.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the following striking amendment was adopted:
Strike everything after the enacting clause and insert the following:
"2001-03 BIENNIUMGENERAL GOVERNMENT AGENCIES--OPERATING
Sec. 101. 2001 2nd sp.s. c 14 s 102 (uncodified) is amended to read as follows:
FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . . .$ ((1,676,000))
488,000
((The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: $1,188,000 of the motor vehicle account--state appropriation is provided for the implementation of House Bill No. 2269 in the form enacted by the legislature. If House Bill No. 2269 is not enacted in the form passed by the legislature by July 31, 2001, this funding will lapse.))
TRANSPORTATION AGENCIES
NEW SECTION. Sec. 201. A new section is added to 2001 2nd sp.s. c 14 (uncodified) to read as follows:
Rural Arterial Trust Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 741,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ 1,886,000
County Arterial Preservation Account--
State Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 700,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ 3,327,000
Sec. 202. 2001 2nd sp.s. c 14 s 203 (uncodified) is amended to read as follows:
Rural Arterial Trust Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((50,182,000))
56,965,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((1,887,000))
368,000
County Arterial Preservation Account--
State Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((28,551,000))
28,681,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ ((80,620,000))
86,014,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
((It is the intent of the legislature that the county road administration board receive separate programmatic appropriations for the operating program and the capital program for the 2001-03 biennium, and thereafter. Agency administrative costs may not be charged against projects or funded from the capital program appropriations.
(1) $1,540,000 of the motor vehicle account--state appropriation, $870,000 of the county arterial preservation account--state appropriation, and $917,000 of the rural arterial trust account--state appropriation are provided for the operations program. Of the motor vehicle account--state appropriation, $368,000 is provided for county ferries as set forth in RCW 47.56.724(4).
(2) $347,000 of the motor vehicle account--state appropriation, $27,681,000 of the county arterial preservation account--state appropriation, and $49,265,000 of the rural arterial trust account--state appropriation are provided for the capital program.))
$368,000 of the motor vehicle account--state appropriation is provided for county ferries as set forth in RCW 47.56.724(4).
NEW SECTION. Sec. 203. A new section is added to 2001 2nd sp.s. c 14 (uncodified) to read as follows:
Urban Arterial Trust Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,552,000
Transportation Improvement Account--
State Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,551,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ 3,103,000
Sec. 204. 2001 2nd sp.s. c 14 s 204 (uncodified) is amended to read as follows:
Urban Arterial Trust Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((94,690,000))
105,622,000
Transportation Improvement Account--
State Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((118,605,000))
130,456,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ ((213,295,000))
236,078,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
((It is the intent of the legislature that the transportation improvement board receive separate programmatic appropriations for the operating program and the capital program for the 2001-03 biennium, and thereafter. Agency administrative costs may not be charged against projects or funded from the capital program appropriations.
(1) $1,551,000 of the transportation improvement account--state appropriation and $1,552,000 of the urban arterial trust account--state appropriation are provided for the operations program.
(2) $117,054,000 of the transportation improvement account--state appropriation and $93,138,000 of the urban arterial trust account--state appropriation are provided for the capital program.
(3))) The transportation improvement account--state appropriation includes (($47,325,000)) $34,030,000 in proceeds from the sale of bonds authorized in RCW 47.26.500. The transportation improvement board may authorize the use of current revenues available to the agency in-lieu of bond proceeds for any part of the state appropriation.
Sec. 205. 2001 2nd sp.s. c 14 s 205 (uncodified) is amended to read as follows:
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ 3,596,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $2,823,000 of the motor vehicle account--state appropriation is provided for the operation of the house of representatives transportation committee.
(2) To the extent possible, this appropriation shall utilize funds allocated under RCW 46.68.110(2).
(3) The house of representatives transportation committee shall conduct a study of the use of motorized scooters. The study shall, at a minimum, identify and analyze the safety issues associated with use of motorized scooters, including use by children, commuters, and the disabled. House of representatives transportation committee cochairs shall each appoint one member from their respective caucus to serve as cochair of the study group. The chair of the senate transportation committee may also appoint two members from the senate transportation committee, one from each caucus, to participate in the study. The study shall be staffed by house of representatives transportation committee staff. The study group shall report back to the house of representatives transportation committee by January 1, 2002.
(4) The house of representatives transportation committee shall conduct a study of the effect of the weight of fire-fighting apparatus on state roadways. The study shall determine, at a minimum, the various types of fire-fighting apparatus currently in use on state roadways; the size, weight and load effect of fire-fighting apparatus that are currently in use or that potentially could be in use on the state roadways, as well as on state bridges; and the effect on public safety. The study may examine state and federal laws that affect fire-fighting apparatuses. House of representatives transportation committee cochairs shall each appoint one member from their respective caucus to serve as cochair of the study group. The study shall be staffed by house of representatives transportation committee staff. The study group will report back to the house of representatives transportation committee by January 1, 2002.
(5) The legislative transportation committee shall conduct a feasibility study of potential for economic partnerships between the Washington state ferries and local government entities, including but not limited to port districts. The study is intended to improve ferry terminals. The study shall, at a minimum, identify the market, physical, and economic factors that should be examined in determining whether an economic or commercial development partnership project on or around Washington state ferry terminals is likely to produce revenue for the partners. The study shall apply those factors to an analysis of each terminal used by Washington state ferries and recommend whether further exploration of state and local partnerships would be of potential economic benefit to the partners. The entity selected to perform the study through the request for proposals process will report back to the transportation committees of the legislature by December 1, 2001.
(6) The legislative transportation committee, in cooperation with an areawide transportation system or systems, shall undertake an evaluation of providing locally sponsored transit services in a local community supplemental to those services provided by an areawide system. The evaluation shall address:
(a) The costs and benefits of providing such services;
(b) The impact of such service on ridership on the areawide system and on any regional systems;
(c) Funding options for supplemental services; and
(d) Institutional arrangements affecting the institution of supplemental services.
The committee shall work with the department of transportation, areawide transit providers, community officials, private businesses, labor organizations, and others as appropriate in conducting the evaluation, and in developing a pilot project if feasible. The committee shall also conduct a study of local transit systems with the purpose of making recommendations to make local transit services more seamless and efficient. The committee shall provide an interim progress report to the legislature by January 2002. The committee shall report its findings to the legislature not later than December 1, 2002.
(7) The legislative transportation committee shall undertake an evaluation of the statutory exemptions for transportation taxes, including but not limited to motor vehicle fuel taxes. The committee shall report its findings to the legislature by December 1, 2003.
(8) The legislative transportation committee will convene a working group to review the costs, processes, and other considerations relating to special vehicle license plates. The working group will also review special license plate tabs and emblems. The committee will report its findings to the legislature by December 1, 2002.
(9) The legislative transportation committee shall form a working group to evaluate the feasibility of developing an alternative corridor to Interstate 5 and Interstate 405 to expedite the movement of commerce between the Canadian border, the central Puget Sound region, the south Puget Sound region, and more southerly areas. The corridor would run from approximately the Canadian border in the north to approximately Lewis county in the south. This alternative corridor analysis shall address truck, rail, pipeline, and other utility needs for the corridor, to determine the feasibility of financing and constructing such a corridor, taking into consideration: (a) Anticipated present and future freight demand as well as freight traffic relief for existing state highway and rail routes; (b) the potential for carrying general purpose traffic to provide relief for other state highway routes; (c) a cost-benefit analysis detailing various funding possibilities, including federal funds and the use of charges and tolls to fund construction and operation of the corridor as a utility corridor and a toll facility; (d) an analysis detailing possible right of way locations, including but not limited to property donations, trades, or credits between or among the public and private sector; and (e) possible private sector, local, or other partnerships that may be used to fund the project. The working group shall report its findings to the full committee by December 15, 2002.
Sec. 206. 2001 2nd sp.s. c 14 s 207 (uncodified) is amended to read as follows:
Motor Vehicle Account--State Appropriation. . . . . . . . . . . . . . . . . . . . .$ 773,000
Sec. 207. 2001 2nd sp.s. c 14 s 209 (uncodified) is amended to read as follows:
State Patrol Highway Account--
State Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((162,081,000))
164,147,000
State Patrol Highway Account--
Federal Appropriation. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((7,084,000))
7,278,000
State Patrol Highway Account--
Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 169,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ ((169,334,000))
171,594,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for the activities of the field operations bureau:
(1) As a result of the elimination of the vehicle inspection number (VIN) program, no permanent Washington state patrol employee shall be displaced from employment without the opportunity to fill a vacant patrol position for which he or she has a preference and meets the minimum qualifications. For the purpose of the VIN program elimination, the guidelines under chapter 356-26 WAC (Registers-Certifications) shall be suspended for those employees holding the classification of VIN 1 or 2.
(2) To the extent possible, the agency shall transfer displaced VIN personnel into the 20 newly created school bus inspection and motor carrier safety assistance program positions. The agency shall fill existing vacant positions within the commercial vehicle division with displaced VIN personnel. The agency shall report by December 31, 2001, to the senate and house of representatives transportation committees on efforts to relocate displaced VIN personnel.
Sec. 208. 2001 2nd sp.s. c 14 s 210 (uncodified) is amended to read as follows:
Multimodal Transportation Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,247,000
State Patrol Highway Account--
State Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((69,960,000))
71,736,000
State Patrol Highway Account--
Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 735,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ ((70,695,000))
77,718,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for the activities of the support services bureau:
(1) $67,000 of the state patrol highway account--state appropriation is provided solely for the patrol to work jointly with the department of transportation, the military department, and the department of natural resources, in coordination with the state interoperability executive committee, on the development and implementation of a secure geographical information system database to illustrate locations and specifications of statewide radio and microwave towers
(2) $5,247,000 of the multimodal transportation account--state appropriation and $2,299,000 of the state patrol highway account--state appropriation is a one time funding of general fund activities. The general fund will resume funding these activities beginning in the 2003-05 biennium.
(3) The Washington state patrol shall review the policy of allowing commissioned uniformed officers to use personally assigned vehicles for commuting purposes. This provision applies to every Washington state patrol officer except the chief and any officer that requires use of a vehicle for work performed throughout the day. The agency shall submit to the house of representatives and senate transportation committees by December 1, 2002, a list of officers that use vehicles for commuting purposes and any revisions to the vehicle use policy resulting from the review required under this subsection.
(4) The Washington state patrol shall contract with an independent consulting firm to develop a cost allocation system to identify which agency activities qualify as a "highway purpose" under Article II, section 40 of the state Constitution. The consulting firm shall present findings and recommendations to the legislative transportation committee during the 2002 legislative interim. The legislative transportation committee shall approve or reject those findings and recommendations.
(5) The final cost allocation system and processes must be utilized to develop the Washington state patrol's request budget for 2003-05.
NEW SECTION. Sec. 209. A new section is added to 2001 2nd sp.s. c 14 (uncodified) to read as follows:
FOR THE WASHINGTON STATE PATROL--INVESTIGATIVE SERVICES BUREAU
Multimodal Transportation Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,088,000
The appropriation in this section is subject to the following condG165
itions and limitations and specified amounts are provided solely for the activities referenced: $5,088,000 of the multimodal transportation account--state appropriation is a one time funding of general fund activities. The general fund will resume funding these activities beginning in the 2003-05 biennium.
Sec. 210. 2001 2nd sp.s. c 14 s 211 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING--MANAGEMENT AND SUPPORT SERVICES
Marine Fuel Tax Refund Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((7,000))
3,000
Motorcycle Safety Education Account--
State Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((114,000))
88,000
Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((89,000))
81,000
Highway Safety Account--State Appropriation. . . . . . . . . . . . . . . . . . . .$ ((7,740,000))
7,724,000
Highway Safety Account--Federal Appropriation. . . . . . . . . . . . . . . . . .$ 55,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((4,230,000))
4,400,000
Licensing Services Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((123,000))
173,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ ((12,303,000))
12,524,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for the activities referenced:
(1) $6,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Senate Bill No. 5354 in the form passed by the legislature. If Senate Bill No. 5354 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(2) $14,000 of the motor vehicle account--state appropriation and $3,000 of the highway safety account--state appropriation are provided solely for the implementation of Senate Bill No. 6814 in the form passed by the legislature. If Senate Bill No. 6814 is not enacted in the form passed by the legislature the amounts provided in this subsection shall lapse.
(3) $26,000 of the motor vehicle account--state appropriation and $1,000 of the highway safety account--state appropriation are provided solely for the implementation of Senate Bill No. 6748 in the form passed by the legislature. If Senate Bill No. 6748 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(4) $2,000 of the motor vehicle account--state appropriation and $4,000 of the highway safety account--state appropriation is provided solely for the implementation of Senate Bill No. 5626 in the form passed by the legislature. If Senate Bill No. 5626 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(5) $11,000 of the highway safety account--state appropriation is provided solely for the implementation of Senate Bill No. 6461 in the form passed by the legislature. If Senate Bill No. 6461 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
Sec. 211. 2001 2nd sp.s. c 14 s 212 (uncodified) is amended to read as follows:
Marine Fuel Tax Refund Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,000
Motorcycle Safety Education Account--
State Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((50,000))
13,000
Wildlife Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$ 34,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((5,655,000))
5,735,000
Highway Safety Account--Federal Appropriation. . . . . . . . .$ 31,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((3,304,000))
3,695,000
Licensing Services Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((292,000))
213,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ ((9,337,000))
9,723,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department of licensing shall report to the legislative transportation committees on the progress of the expanded internet service no later than December 15, 2002.
(2) $4,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Senate Bill No. 5354 in the form passed by the legislature. If Senate Bill No. 5354 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(3) $4,000 of the motor vehicle account--state appropriation and $2,000 of the highway safety account--state appropriation are provided solely for the implementation of Senate Bill No. 6814 in the form passed by the legislature. If Senate Bill No. 6814 is not enacted in the form passed by the legislature the amounts provided in this subsection shall lapse.
(4) $19,000 of the motor vehicle account--state appropriation and $1,000 of the highway safety account--state appropriation are provided solely for the implementation of Senate Bill No. 6748 in the form passed by the legislature. If Senate Bill No. 6748 is not enacted in the form passed by the legislature the amounts provided in this subsection shall lapse.
(5) $1,000 of the motor vehicle account--state appropriation and $3,000 of the highway safety account--state appropriation are provided solely for the implementation of Senate Bill No. 5626 in the form passed by the legislature. If Senate Bill No. 5626 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(6) $8,000 of the highway safety account--state appropriation is provided solely for the implementation of Senate Bill No. 6461 in the form passed by the legislature. If Senate Bill No. 6461 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
Sec. 212. 2001 2nd sp.s. c 14 s 213 (uncodified) is amended to read as follows:
Marine Fuel Tax Refund Account--
State Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 26,000
Wildlife Account--State Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . .$ 578,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((57,043,000))
58,191,000
Licensing Services Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((3,123,000))
4,240,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ ((60,770,000))
63,035,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for the activities referenced:
(1) $82,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Senate Bill No. 6814 in the form passed by the legislature. If Senate Bill No. 6814 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(2) $376,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Senate Bill No. 6748 in the form passed by the legislature. If Senate Bill No. 6748 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(3) $77,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Senate Bill No. 5354 in the form passed by the legislature. If Senate Bill No. 5354 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(4) The department shall work cooperatively with the national guard to develop and make available a national guard sticker which may be affixed to a license plate. The stickers shall be available upon application. The department shall charge a fee for the stickers sufficient to defray the costs of production.
(5) The department shall work cooperatively with the Washington state council of fire fighters to develop and make available a fire fighter sticker which may be affixed to a license plate. The stickers shall be available upon application to members of the international association of fire fighters. The department shall charge a fee for the stickers sufficient to defray the costs of production.
(6) $22,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Senate Bill No. 5626 in the form passed by the legislature. If Senate Bill No. 5626 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
Sec. 213. 2001 2nd sp.s. c 14 s 214 (uncodified) is amended to read as follows:
Motorcycle Safety Education Account--
State Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,223,000))
2,573,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((81,366,000))
82,175,000
Highway Safety Account--Federal Appropriation . . . . . . . . . . . . . . . . .$ 788,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ ((83,589,000))
85,536,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department of licensing shall prepare a capital project plan adopting a process for using certificates of participation to purchase licensing services offices if the combined principle and interest payments are the same or less than existing or future leases on comparable facilities.
(2) $21,000 of the highway safety fund--state appropriation is provided solely for the implementation of Senate Bill No. 6748 in the form passed by the legislature. If Senate Bill No. 6748 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(3) $36,000 of the highway safety fund--state appropriation is provided solely for the implementation of Senate Bill No. 6814 in the form passed by the legislature. If Senate Bill No. 6814 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(4) $162,000 of the highway safety account--state appropriation is provided solely for the implementation of Senate Bill No. 6461 in the form passed by the legislature. If Senate Bill No. 6461 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
(5) $56,000 of the highway safety account--state appropriation is provided solely for the implementation of Senate Bill No. 5626 in the form passed by the legislature. If Senate Bill No. 5626 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.
Sec. 214. 2001 2nd sp.s. c 14 s 215 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MANAGEMENT AND FACILITIES--PROGRAM D--OPERATING
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((50,649,000))
50,644,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . . . . . .$ 400,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ ((51,049,000))
51,044,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity: $3,296,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Engrossed Senate Bill No. 6188.
Sec. 215. 2001 2nd sp.s. c 14 s 216 (uncodified) is amended to read as follows:
Aeronautics Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ ((4,852,000))
5,349,000
Aircraft Search and Rescue Safety and
Education Account--State Appropriation . . . . . . . . . . . . . . . . .$ 160,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ ((5,012,000))
5,509,000
Sec. 216. 2001 2nd sp.s. c 14 s 217 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((508,936,000))
417,472,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . . . . . .$ ((219,538,000))
230,929,000
Motor Vehicle Account--Private/Local
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((40,904,000))
48,872,000
Tacoma Narrows Toll Bridge Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 839,000,000
Special Category C Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((72,608,000))
49,608,000
((Multimodal Transportation Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,880,000))
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ ((846,866,000))
1,585,881,000
The appropriations in this section are provided for the location, design, right of way acquisition, or construction of state highway projects designated as improvements under RCW 47.05.030. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The special category C account--state appropriation of (($72,608,000)) $49,608,000 includes (($63,500,000)) $41,500,000 in proceeds from the sale of bonds authorized in RCW 47.10.812. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(2) The department shall report December 1st and June 1st of each year to the senate and the house of representatives transportation committees and the office of financial management on the timing and the scope of work being performed for the regional transit authority known as sound transit. This report shall provide a description of all department activities related to the regional transit authority including investments in state-owned infrastructure.
(3) The motor vehicle account--state appropriation includes (($391,637,000)) $348,364,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(4) ((At least $554,714,000 of the total appropriation is provided for the construction phase of the improvement program.
(5))) $4,880,000 of the ((multimodal transportation)) motor vehicle account--state appropriation is provided solely for the state program share of freight mobility projects as identified by the freight mobility strategic investment board.
(((6))) (5) To manage some projects more efficiently, federal funds may be transferred from program Z to programs I and P and state funds shall be transferred from programs I and P to program Z to replace those federal funds in a dollar-for-dollar match. Fund transfers authorized under this subsection shall not affect project prioritization status. Appropriations shall initially be allotted as appropriated in this act. The department shall not transfer funds as authorized under this subsection without approval of the transportation commission and the director of financial management. The department shall submit a report on those projects receiving fund transfers to the transportation committees of the senate and house of representatives by December 1, 2002.
(6) The motor vehicle account--state appropriation includes $3,898,000 in unexpended proceeds from the January 2001 bond sale authorized in RCW 47.10.834 for the Tacoma Narrows bridge project. The transportation commission may authorize the use of current revenues available to the department of transportation in-lieu of bond proceeds for any part of the state appropriation.
(7) The Tacoma narrows toll bridge account--state appropriation includes $800,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843.
(8) Upon completion of the Vancouver high-occupancy vehicle lanes pilot project that began on October 28, 2001, and concludes October 28, 2002, the department of transportation may only proceed with future high-occupancy vehicle lane projects in counties with a population of 300,000 or more that border the state of Oregon, when vehicle spaces at park and ride lots within the county are two and one-half times the capacity in existence on January 1, 2002, or if the Interstate 5 bridge over the Columbia River is retrofitted to include four southbound general purpose lanes.
Sec. 217. 2001 2nd sp.s. c 14 s 218 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION ECONOMIC PARTNERSHIPS--PROGRAM K--OPERATING
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((1,153,000))
1,448,000
The appropriation in this section is subject to the following conditions and limitations: $300,000 of the motor vehicle account--state appropriation is provided solely for a study of private-public partnerships in transportation. The department of transportation shall provide staff support to a legislative oversight committee that will manage a study of public-private partnerships in transportation. The legislative oversight committee will consist of three members from each caucus in each house of the legislature, appointed by the leadership of the legislators' respective caucus. The legislative oversight committee shall analyze and make recommendations on: (1) The barriers that prevent the private sector from providing transportation services, which could include ferry, bus, or monorail; (2) the use of public-private partnerships nationally and the experiences of other states in using public-private partnerships; (3) the public-private opportunities for transportation projects in Washington; and (4) the advantages and disadvantages of the financing options available for public-private partnerships. The legislative oversight committee shall report its findings and recommendations to the legislature by December 1, 2003.
Sec. 218. 2001 2nd sp.s. c 14 s 220 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE--PROGRAM M
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((275,394,000))
275,380,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . . . . . .$ 512,000
Motor Vehicle Account--Private/Local
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,067,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ ((279,973,000))
279,959,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) If portions of the appropriations in this section are required to fund maintenance work resulting from major disasters not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations will be requested to restore state funding for ongoing maintenance activities.
(2) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle account--state into unallotted status. This exchange shall not affect the amount of funding available for snow and ice removal.
Sec. 219. 2001 2nd sp.s. c 14 s 221 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION--PROGRAM P
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((90,760,000))
139,334,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . . . . . .$ ((318,795,000))
341,124,000
Motor Vehicle Account--Private/Local
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((8,717,000))
7,202,000
Multimodal Transportation Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((64,218,000))
14,000,000
Multimodal Transportation Account--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((95,682,000))
56,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ ((578,172,000))
557,660,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) If portions of the appropriations in this section are required to fund preservation work resulting from major disasters not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations will be requested to restore state funding for ongoing maintenance activities.
(2) The motor vehicle account--state appropriation includes (($6,524,000 for earthquake repairs and to match federal emergency relief funds. This amount includes)) $3,750,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762 for emergency purposes. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(3) The motor vehicle account--state appropriation includes $9,183,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department in lieu of bond proceeds for any part of the state appropriation.
(4) The department of transportation is authorized to maximize the use of federal and state funds to implement the provisions of this section.
(((4) $471,763,000 of the total appropriation is provided for the construction phase of the preservation program.))
(5) The motor vehicle account--federal appropriation and the multimodal transportation account--federal appropriation are transferable between each other to ensure efficient funds management and program delivery.
(6) To manage some projects more efficiently, federal funds may be transferred from program Z to programs I and P and state funds shall be transferred from programs I and P to program Z to replace those federal funds in a dollar-for-dollar match. Fund transfers authorized under this subsection shall not affect project prioritization status. Appropriations shall initially be allotted as appropriated in this act. The department may not transfer funds as authorized under this subsection without approval of the transportation commission and the director of financial management. The department shall submit a report on those projects receiving fund transfers to the transportation committees of the senate and house of representatives by December 1, 2002.
(7) The department of transportation, with approval of the transportation commission, shall expend up to $3,000,000 of the motor vehicle account--state appropriation on the incident response program. Spending on other projects within the preservation program shall be adjusted to accommodate these expenditures.
(8) The department of transportation, with approval of the transportation commission, shall expend funds appropriated under this section on the Alaska Way viaduct. Spending on other projects within the preservation program shall be adjusted to accommodate these expenditures.
Sec. 220. 2001 2nd sp.s. c 14 s 222 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRAFFIC OPERATIONS--PROGRAM Q--OPERATING
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ 32,402,000
Motor Vehicle Account--Private/Local
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 125,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ 32,527,000
The appropriations in this section are subject to the following conditions and limitations: If Senate Bill No. 5949 is enacted in the form passed by the legislature, $518,000 of the motor vehicle account--state appropriation shall lapse.
Sec. 221. 2001 2nd sp.s. c 14 s 224 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S
State Patrol Highway Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 926,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((94,632,000))
95,755,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . . . . . .$ 2,654,000
Puget Sound Ferry Operations Account--
State Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,642,000
Multimodal Transportation Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,082,000))
1,397,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ ((106,936,000))
107,374,000
The appropriations in this section are subject to the following conditions and limitations: $67,000 of the motor vehicle account--state appropriation is provided solely for the department of transportation to work jointly with the department of natural resources, the military department, and the Washington state patrol, in coordination with the state interoperability executive committee, on the development and implementation of a secure geographical information system (GIS) database to illustrate locations and specifications of statewide radio and microwave towers.
Sec. 222. 2001 2nd sp.s. c 14 s 225 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION PLANNING, DATA, AND RESEARCH--PROGRAM T
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((18,250,000))
11,496,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . . . . . .$ 18,800,000
Multimodal Transportation Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 987,000
Multimodal Transportation Account--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ ((40,037,000))
33,283,000
The appropriations in this section are subject to the following conditions and limitations and the specified amount is provided solely for that activity:
(((1))) The motor vehicle account--state appropriation includes $1,000,000 distributed under RCW 46.68.110(2):
(((a))) (1) $500,000 of the distribution under RCW 46.68.110(2) is to be used solely by the department of transportation to collect and enter collision reports into the statewide collision reporting system for local roadway planning and safety analysis.
(((b))) (2) $500,000 of the distribution under RCW 46.68.110(2) is provided solely to the department of transportation for the Washington strategic freight transportation analysis. The department shall work with the transportation research center to conduct an origin and destination study to determine the impacts of trade-related truck traffic and other truck impacts on the highway system. The department may also conduct other research elements, including, but not limited to, freight corridor identification, strategic resource access, and road network review.
(((2) $6,754,000 of the motor vehicle account--state appropriation is provided for the implementation of Senate Bill No. 5749 in the form enacted by the legislature. If Senate Bill No. 5749 is not enacted in the form passed by the legislature by July 31, 2001, this funding shall lapse.))
Sec. 223. 2001 2nd sp.s. c 14 s 226 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--CHARGES FROM OTHER AGENCIES--PROGRAM U
Payments in this section represent charges from other state agencies to the department of transportation.
(1) FOR PAYMENT OF DEPARTMENT OF GENERAL ADMINISTRATION OFFICE OF RISK MANAGEMENT FEES
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ 464,000
Puget Sound Ferry Operations--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 154,000
(2) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE AUDITOR
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((731,000))
713,000
(3) FOR PAYMENT OF COSTS OF DEPARTMENT OF GENERAL ADMINISTRATION FACILITIES AND SERVICES AND CONSOLIDATED MAIL SERVICES
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((4,128,000))
4,047,000
(4) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF PERSONNEL
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((2,240,000))
2,237,000
(5) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((13,892,000))
28,755,000
Motor Vehicle Fund--Puget Sound Ferry Operations Account--
State Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,204,000
The office of risk management shall evaluate the risk pool premium assessments to ensure that proper tracking, measuring, and reporting methods have been utilized to ensure funding equity has been maintained. "Funding equity" includes but is not limited to demonstrating that premiums assessed to the department of transportation will, over time, not exceed claims paid in order to ensure that premiums paid by the department of transportation are not unconstitutionally expended for nonhighway purposes. The office of risk management shall make a full report of its findings to the legislature no later than January 15, 2002.
(6) FOR PAYMENT OF COSTS OF OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ 251,000
(7) FOR PAYMENT OF THE DEPARTMENT OF GENERAL ADMINISTRATION CAPITAL PROJECTS SURCHARGE
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ 1,547,000
(8) FOR ARCHIVES AND RECORDS MANAGEMENT
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((469,000))
457,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ ((28,080,000))
42,829,000
Sec. 224. 2001 2nd sp.s. c 14 s 227 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--PUBLIC TRANSPORTATION--PROGRAM V
Multimodal Transportation Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((11,160,000))
10,960,000
Multimodal Transportation Account--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,074,000
Multimodal Transportation Account--
Private/Local Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 205,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ ((14,439,000))
14,239,000
Sec. 225. 2001 2nd sp.s. c 14 s 228 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Motor Vehicle Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((144,404,000))
134,390,000
Motor Vehicle Account--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 37,472,000
Passenger Ferry Account--State Appropriation . . . . . . . . . . . . . . . . .$ 1,500,000
Passenger Ferry Account--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,000,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$ ((187,376,000))
177,362,000
The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel acquisition, vessel construction, major and minor vessel improvements, and terminal construction and improvements. The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle account--state appropriation includes $50,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843 for vessel and terminal acquisition, major and minor improvements, and long lead time materials acquisition for the Washington state ferries. The transportation commission may authorize the use of current revenues available to the motor vehicle account in lieu of bond proceeds for any part of the state appropriation.
(2) Appropriations in this section include funding for the purchase or lease-purchase of one passenger ferry and assume the proceeds of the sale of the MV Kalama and MV Skagit passenger ferries shall be deposited in the passenger ferry account.
(3) The department shall provide staff support to a legislative oversight committee that will manage a study of the Eagle Harbor maintenance facility. The legislative oversight committee shall consist of two members from each caucus in each house of the legislature, appointed by the leadership of the members' respective caucus. The department shall issue a request for proposals on behalf of the legislative oversight committee for an outside consulting firm to conduct a study on the preservation, replacement, or supplementation of the Eagle Harbor maintenance facility. The study must analyze: (a) The costs and benefits to preserve and maintain or relocate the facility; (b) the impact of Eagle Harbor employment on the local community and Kitsap county; and (c) a recommendation on future investment in the Eagle Harbor maintenance facility or possible alternatives. The contractor and the legislative oversight committee must report back to the legislature's transportation committees no later than December 10, 2002.
Sec. 226. 2001 2nd sp.s. c 14 s 229 (uncodified) is amended to read as follows:
Puget Sound Ferry Operations Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((321,673,000))
311,312,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The appropriation is based on the budgeted expenditure of (($46,881,000)) $35,159,000 for vessel operating fuel in the 2001-2003 biennium. If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended. If the actual cost exceeds this amount, the department shall request a supplemental appropriation.
(2) The appropriation provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 2001-2003 biennium may not exceed (($206,696,000)) $207,065,000 plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $432.82 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 2001-2003 biennium. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).
The prescribed salary and insurance benefit increase or decrease dollar amount that shall be allocated from the governor's compensation appropriations is in addition to the appropriation contained in this section and may be used to increase or decrease compensation costs, effective July 1, 2001, and thereafter, as established in the 2001-2003 general fund operating budget.
(3) The department shall issue a request for information from entities interested in purchasing advertising on board Washington state ferry vessels. The department shall evaluate the proposals and report back to the legislature's transportation committees in January 2002 regarding the potential for revenue from different types of advertising.
(4) The department may enter into contracts with private vendors to sell ferry tickets and medium at locations other than Washington state ferry terminals or facilities.
(a) The department may enter into the contracts only (i) with private vendors that are already established businesses offering goods for sale to the general public; and (ii) if it determines that the vendor's established location has the potential to serve a significant percentage of the customers using a particular ferry route.
(b) The department may adopt necessary rules and procedures to allow the use of credit and debit cards to purchase ferry tickets or medium from a private vendor who has contracted with the department to sell ferry tickets or medium. The department may establish a convenience fee to be paid by all persons purchasing ferry tickets and medium at locations other than Washington state ferry terminals or facilities. The convenience fee must be sufficient to offset the charges imposed on the department by the credit and debit card companies. In no event may the use of credit or debit cards authorized by this section create a loss of revenue to the state. The use of a personal credit card does not rely upon the credit of the state as prohibited by Article VIII, section 5 of the state Constitution.
(5) ((The legislature recognizes that projected revenues to the Puget Sound ferry operating account for the 2001-2003 biennium may be up to $30,000,000 less than what is required to fund the appropriation provided in this section. The legislature intends to fully evaluate the extent of the shortfall and make a supplemental appropriation during the 2002 legislative session.)) The legislature recognizes the value of a regional fare collection system to promote intermodal travel throughout Washington state ferries' Puget Sound service area and therefore encourages the department to resume participation in the regional fare coordination project (smart card). The department shall develop a request for funding of the on-going operating costs associated with the regional fare coordination project and shall present this request to the 2003 legislature. The request for funding shall be sufficient to support a system that prevents the disclosure of personally identifying information of persons who use a smart card to facilitate payment of ferry fares. The requested system may facilitate the disclosure of aggregate information on fare collection to governmental agencies or groups concerned with public transportation or public safety as long as the data does not contain any personally identifying information. The requested system shall not prevent the release of personally identifying information to law enforcement agencies when required by a subpoena.
Sec. 227. 2001 2nd sp.s. c 14 s 230 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--RAIL--PROGRAM Y--OPERATING
Multimodal Transportation Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((32,704,000))
33,001,000
Sec. 228. 2001 2nd sp.s. c 14 s 231 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--RAIL--PROGRAM Y--CAPITAL
Essential Rail Assistance Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((200,000))
600,000
Multimodal Transportation Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((11,610,000))
10,710,000
Multimodal Transportation Account--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,630,000
Washington Fruit Express Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 500,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$((21,940,000))
21,440,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) $2,000,000 of the multimodal transportation account--state appropriation is provided solely for the Grays Harbor loop project.
(2) The entire Washington fruit express account is provided solely to promote the shipment of a variety of agricultural products, including, but not limited to, apples, pears, and potatoes.
Sec. 229. 2001 2nd sp.s. c 14 s 232 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z--OPERATING
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((6,231,000))
6,383,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . . . . . .$ 2,569,000
Multimodal Transportation Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 150,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$((8,950,000))
9,102,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle account--state appropriation includes $150,000 distributed under RCW 46.68.110(2) that is provided to the Whatcom county council of governments for the sole purpose of developing and implementing a model of regional transportation governance. This model shall be developed in accordance with Recommendation 6 of the Blue Ribbon Commission on Transportation's final report.
The council shall develop a model that can be used in other parts of the state and shall report to the transportation committees in the senate and house of representatives on the positive and negative aspects of the model as well as costs associated with it no later than June 30, 2002.
(2) $250,000 of the motor vehicle account--state appropriation is provided solely for a study of concurrency issues in urban areas marked by multiple contiguous jurisdictions. The study, lead by the city of Bellevue, will focus on the jurisdictions of Bellevue, Kirkland, Issaquah, and Redmond and will look at existing and unused methodologies for including development in neighboring jurisdictions in concurrency calculations. The study will also investigate what changes in state and local laws are needed in order to provide a more effective way of dealing with concurrency issues. By November 1, 2003, a report of the findings will be made to the transportation committees of the legislature. The appropriation in this subsection shall lapse unless the participating cities provide $100,000 for the study. To the extent possible, state funding for this subsection shall utilize funds allocated under RCW 46.68.110(2).
(3) Up to $500,000 of the motor vehicle account--state appropriation is provided solely for the study of alternatives for repairing or replacing the Seattle sea wall. The department's expenditure of funds provided in this subsection may not exceed the matching contribution provided by the city of Seattle for the study.
Sec. 230. 2001 2nd sp.s. c 14 s 233 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z--CAPITAL
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . .$ ((77,371,000))
77,221,000
Highway Infrastructure Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 234,000
Highway Infrastructure Account--Federal
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,500,000
Urban Arterial Trust Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,674,000))
4,332,000
Multimodal Transportation Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((10,150,000))
10,300,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . .$((93,929,000))
93,587,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(((2))) (1) $10,000,000 of the multimodal transportation account--state appropriation is provided solely to fund the first phase of a multiphase cooperative project with the state of Oregon to dredge the Columbia river. The department shall not expend the appropriation in this section unless agreement on ocean disposal sites has been reached which protects the state's commercial crab fishery. The amount provided in this subsection shall lapse unless the state of Oregon appropriates a dollar-for-dollar match to fund its share of the project.
(((3))) (2) The motor vehicle account--state appropriation includes (($12,000,000)) $46,090,000 in proceeds from the sale of bonds authorized by RCW 47.10.843 in addition to $16,420,000 in unexpended proceeds from the January 2001 sale. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(((4))) (3) $4,159,000 of the motor vehicle account--state appropriation is provided solely for additional small city pavement preservation program grants, to be administered by the department's highways and local programs division.
(((5))) (4) $2,000,000 of the motor vehicle account--state appropriation is provided solely for additional traffic and pedestrian safety improvements near schools. The highways and local programs division within the department of transportation shall administer this program.
(5) To manage some projects more efficiently, federal funds may be transferred from program Z to programs I and P and state funds shall be transferred from programs I and P to program Z to replace those federal funds in a dollar-for-dollar match. Fund transfers authorized under this subsection shall not affect project prioritization status. Appropriations shall initially be allotted as appropriated in this act. The department may not transfer funds as authorized under this subsection without approval of the transportation commission and the director of financial management. The department shall submit a report on those projects receiving fund transfers to the transportation committees of the senate and house of representatives by December 1, 2002.
TRANSPORTATION AGENCIES CAPITAL FACILITIES
Sec. 301. 2001 2nd sp.s. c 14 s 301 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE PATROL
State Patrol Highway Account--State
Appropriation. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 780,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . . . . $ ((2,705,000))
1,830,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((3,485,000))
2,610,000
TRANSFERS AND DISTRIBUTIONS
Sec. 401. 2001 2nd sp.s. c 14 s 401 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE FUND AND TRANSPORTATION FUND REVENUE
Highway Bond Retirement Account Appropriation. . . . . . . . . . . . . . . $ ((207,900,000))
208,206,000
Ferry Bond Retirement Account Appropriation . . . . . . . . . . . . . . . . . . . $ ((48,675,000))
52,473,000
Transportation Improvement Board Bond Retirement
Account--State Appropriation. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,856,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . . . . $ ((4,537,000))
4,588,000
Special Category C Account--State Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . $ ((635,000))
631,000
Transportation Improvement Account--State
Appropriation. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((473,000))
340,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((303,076,000))
307,094,000
Sec. 402. 2001 2nd sp.s. c 14 s 402 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . . . . . . . . $ ((450,000))
459,000
Special Category C Account Appropriation. .. . . . . . . . . . . . . . . . . . . $ ((63,000))
41,000
Transportation Improvement Account--State
Appropriation. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((47,000))
34,000
TOTAL APPROPRIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((560,000))
534,000
Sec. 403. 2001 2nd sp.s. c 14 s 403 (uncodified) is amended to read as follows:
((Motor Vehicle Account Appropriation for
motor vehicle fuel tax refunds and
distributions. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 458,895,000))
Motor Vehicle Account Appropriation for
motor vehicle fuel tax distributions to
cities and counties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((428,546,000))
428,981,000
((Motor Vehicle Account Appropriation for
license, permit, and fee distribution to
other accounts. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 349,936,000))
Sec. 404. 2001 2nd sp.s. c 14 s 406 (uncodified) is amended to read as follows:
(1) RV Account--State Appropriation:
For transfer to the Motor Vehicle Fund--State . . . . . . . . . . . . . . . . .$ ((1,135,000))
1,344,000
The department of transportation shall only transfer funds provided under subsection (1) of this section on an as-needed basis.
(2) Public Transportation Systems Account--
State Appropriation: For transfer to the
Multimodal Transportation Account--State. . . . . . . . . . . . . . . . . . . . . $ 1,911,000
(3) State Patrol Highway Account--State
Appropriation: For transfer to the Motor
Vehicle Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((38,657,000))
48,657,000
(4) Motor Vehicle Account--State
Appropriation: For motor vehicle fuel tax
refunds and transfers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 453,279,000
(5) Motor Vehicle Account--State
Appropriation: For license, permit, and
fee transfers to other accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 350,669,000
(6) Urban Arterial Trust Account--State
Appropriation: For transfer of excess City
Hardship Assistance Program revenues to
cities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000
(7) Highway Safety Account--State
Appropriation: For transfer to the multimodal
transportation account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000,000
(8) Motor Vehicle Account--State
Appropriation: For transfer to the Tacoma
Narrows toll bridge account. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 839,000,000
(9) Highway Safety Account--State
Appropriation: For transfer to the motor
vehicle account--state. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ $5,000,000
((If House Bill No. 2216 or Senate Bill No. 5078 is enacted in the form passed by the legislature, the $38,737,000 transfer from the state patrol highway account--state to the motor vehicle account is null and void. If neither House Bill No. 2216 nor Senate Bill No. 5078 is enacted in the form
passed by the legislature, the state treasurer shall transfer funds from the state patrol highway account to the motor vehicle account on a quarterly basis.))
(1) If Senate Bill No. 6814 is enacted in the form passed by the legislature, $16,191,000 of the transfer from the Washington state patrol account--state to the motor vehicle account--state shall lapse. The state treasurer shall perform the transfers from the state patrol highway account to the motor vehicle account on a quarterly basis.
(2) The department of transportation is authorized to sell up to $800,000,000 in bonds authorized by RCW 47.10.843 for the Tacoma Narrows bridge project. Proceeds from the sale of the bonds shall be deposited into the motor vehicle account. The department of transportation shall inform the treasurer of the amount to be deposited.
Sec. 405. 2001 2nd sp.s. c 14 s 407 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TRANSFERS
(1) Motor Vehicle Fund--State Appropriation:
For transfer to Puget Sound Ferry Operations
Account. . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((27,000,000))
38,300,000
(2) Advanced Right of Way Revolving Account
Appropriation: For transfer to the Motor
Vehicle Fund.. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15,000,000
PROVISIONS NECESSARY TO IMPLEMENT APPROPRIATIONS
NEW SECTION. Sec. 501. 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. 502. The following bills are necessary to implement this act: Senate Bill No. 6814 in the form enacted by the legislature.
Sec. 503. 2000 2nd sp.s. c 1 s 724 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--REGIONAL TRANSIT AUTHORITY. (1) The sum of twelve million seven hundred thousand dollars is appropriated from the general fund--state for fiscal year 2001 solely for allocation to Sound Transit regional transit authority for the King street rail maintenance facility to be built in partnership with Amtrak. The appropriation in this subsection is conditioned on the execution of agreements between the department of transportation, Amtrak, Sound Transit, and other participating parties that will assure that the maintenance and operation of the maintenance facility will not require state funding except for billings for maintenance of state-owned passenger trains.
(2) The sum of fifteen million dollars is appropriated from the state general fund for fiscal year 2000 solely for allocation to Sound Transit regional transit authority as a state contribution to the extension of Sounder passenger rail service to Everett.
(3) The amounts appropriated in this section constitute a transfer of local government costs under RCW 43.135.060(2).
NEW SECTION. Sec. 504. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
MOTIONS
On motion of Senator Betti Sheldon, the following title amendment was adopted:
On page 1, line 1 of the title, after "appropriations;" strike the remainder of the title and insert "amending 2001 2nd sp.s. c 14 ss 102, 203, 204, 205, 206, 202, 207, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 220, 221, 222, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 301, 401, 402, 403, 406, and 407 (uncodified); amending 2000 2nd sp.s. c 1 s 724 (uncodified); adding new sections to 2001 2nd sp.s. c 14 (uncodified); creating a new section; making appropriations; and declaring an emergency."
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute House Bill No. 2451, 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 Swecker: “Senator Haugen, this supplemental transportation budget does not appear to include funding the I-5 Chehalis flood control project, but my understanding is that there is still available money for the Lewis County interchanges, which would be constructed under a new law budget. Do we need to move funds from the interchanges to keep the flood control project going?”
Senator Haugen: “Thank you, Senator, for that question. I have spoken with the Department of Transportation, and they assured me that they have already taken steps to move money from the Lewis County interchange projects to the Chehalis flood control project, so that we do not need to make those changes in the budget. The new law budget which we are negotiating contains sufficient funding to keep both the interchanges and the flood control projects moving. For purposes of this budget for the rest of this year, the department has already made the shift and there is money to keep the flood control project going until we get a new law budget. Does that answer your question, Senator?”
Senator Swecker: “Yes, it does. Thank you, Senator.”
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2451, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2451, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Excused: Senator McCaslin - 1.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2451, 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.
MOTIONS
On motion of Senator Betti Sheldon, Engrossed Substitute House Bill No. 2451, as amended by the Senate, was ordered to be immediately transmitted to the House of Representatives.
On motion of Senator Betti Sheldon, the Senate reverted to the fourth order of business.
MESSAGE FROM THE HOUSE
March 13, 2002
MR. PRESIDENT:
The House adheres to it position regarding the House amendment(s) to ENGROSSED SUBSTITUTE SENATE BILL NO. 6704 nd asks the Senate to concur therein., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
MOTION
On motion of Senator Hargrove, the Senate refuses to concur and insists on its position regarding the House amendment(s) to Engrossed Substitute Senate Bill No. 6704 and asks the House to concur therein.
MESSAGE FROM THE HOUSE
March 14, 2002
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2969 and asks the House to recede therefrom., and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
MOTIONS
On motion of Senator Haugen, the Senate receded from its amendment(s) to Engrossed Substitute House Bill No. 2969.
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute House Bill No. 2969 was returned to second reading and read the second time.
MOTION
Senator Haugen moved that the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"PART I - ACCOUNTABILITY FOR TRANSPORTATION PROJECTS AND PROGRAMS
NEW SECTION. Sec. 101. It is essential that the legislature improve the accountability and efficiency of the department of transportation. Taxpayers must know that their tax dollars are being well spent to deliver critically needed transportation projects. To accomplish this, a transportation accountability process must be established to provide oversight on transportation projects. The legislative transportation accountability committee will replace and assume the duties and responsibilities of the legislative transportation committee and, additionally, in conjunction with an independent transportation accountability board, report to the public on how tax dollars are spent on projects funded by new transportation taxes under this act.
NEW SECTION. Sec. 102. In addition to the legislative transportation accountability committee's other responsibilities under this chapter, the committee has the following responsibilities:
(1) Direct the department of transportation to submit a transportation accountability audit report as required under section 103 of this act;
(2) Report annually to the governor and the legislature on the department's progress on each project as further defined in section 103 of this act;
(3) When necessary, make policy recommendations for improving efficiencies, savings, or improvements in the department's project management, accountability measures, or project delivery mechanisms;
(4) Recommend any leading edge transportation project delivery strategies, oversight, accountability, or efficiency measures; and
(5) Appoint members of the transportation accountability board as nominated by the governor pursuant to section 106 of this act.
NEW SECTION. Sec. 103. The department of transportation shall prepare and submit to the transportation commission once each quarter a comprehensive audit report on each transportation project funded by this act. The audit report shall be known as the "transportation accountability audit." For the purposes of this act, the audit must include the following elements:
(1) Project status and any scope changes;
(2) Estimated completion date and cost, noting any changes from past estimates;
(3) Actual project expenditures as compared with projected expenditures;
(4) Any changes in financing for each project;
(5) Claim or change orders that result in greater than a five-percent cumulative increase in project cost, or greater than sixty days of delay;
(6) Status of any required permits;
(7) Mitigation efforts to relieve both traffic and environmental impacts;
(8) Evaluation of work force effectiveness, including both state employees and contractors;
(9) Outlook for the upcoming year, including projected accomplishments and challenges;
(10) Copies of any accountability reports filed with the federal highway administration; and
(11) Any other useful information the committee or commission requests.
NEW SECTION. Sec. 104. The transportation commission must review the proposed transportation accountability audit submitted by the department. After reviewing the information contained therein, the commission may request additional information or data, or ask for clarifications. The commission is prohibited from changing any of the data contained in the audit report.
After conducting its review, the commission must forward the transportation accountability audit to the legislative transportation accountability committee and the transportation accountability board.
NEW SECTION. Sec. 105. (1) Upon completion of its review under section 104 of this act, the transportation commission shall forward the transportation accountability audit to the transportation accountability board and the legislative transportation accountability committee. The transportation accountability board will accept or reject the report.
(a) In determining whether to accept or reject the report, the board:
(i) Will analyze, investigate, and evaluate the data contained in the audit report;
(ii) May, when authorized by the legislative transportation accountability committee, contract out for planners, consultants, and other technical personnel to assist in the audit review process; and
(iii) May request additional information or data from the department of transportation.
(b) As part of the evaluation process, the board may make recommendations to the legislative transportation accountability committee for efficiencies, savings, or improvements in the department's project management, accountability measures, or project delivery mechanisms.
(2) After reviewing the report, the board must forward the transportation accountability audit and recommendations to the office of financial management and the legislative transportation accountability committee.
(3) The legislative transportation accountability committee must make the transportation accountability audit report available to the public.
(4) In addition to its regular staff, the legislative transportation accountability committee is authorized to contract out for planners, consultants, and other technical personnel to advise it, or the board at its request, in the performance of its duties, assist in the review of the transportation accountability audit, and to assist in other audits initiated by the committee.
(5) Staff support to the board must be provided by the legislative transportation accountability committee, which shall provide professional support for the duties, functions, responsibilities, and activities of the board, including but not limited to information technology systems; data collection, processing, analysis, and reporting; project management; and office space, equipment, and secretarial support. The legislative evaluation and accountability program will provide data and information technology support consistent with the support currently supplied to existing legislative committees.
NEW SECTION. Sec. 106. (1) The transportation accountability board is created.
(2) The board will consist of no fewer than five and no more than nine members nominated by the governor, and selected by the legislative transportation accountability committee, for terms of four years, except that at least half the members initially appointed will be appointed for terms of two years. The members of the board must be chosen so the board will have experience and expertise relating to major civil engineering and construction works and facilities to include: (a) Design, estimating, contract packaging, and procurement; (b) construction means and methods and construction management and administration; (c) project finance, accounting, controls, and reporting; (d) procedures for obtaining permits and for assuring regulatory compliance; (e) dispute resolution; (f) construction work force training and safety; (g) general public administration; and (h) experience crafting and implementing environmental mitigation plans.
(3) The legislative transportation accountability committee may not remove members from the board before the expiration of their terms unless for cause based upon a determination of incapacity, incompetence, neglect of duty, or malfeasance in office by the Thurston county superior court, upon petition and show cause proceedings brought for that purpose in that court and directed to the board member in question.
(4) No member may be appointed for more than three consecutive terms.
NEW SECTION. Sec. 107. (1) The board shall meet periodically. It may adopt its own rules and may establish its own procedures. It shall act collectively in harmony with recorded resolutions or motions adopted by a majority vote of the members. The board shall be compensated from the general appropriation for the legislative transportation accountability committee and in accordance with RCW 43.03.250.
(2) Each member of the board will be compensated in accordance with RCW 43.03.250 and reimbursed for actual necessary traveling and other expenses in going to, attending, and returning from meetings of the board or that are incurred in the discharge of duties requested by the chairman. However, in no event may a board member be compensated in any year for more than one hundred twenty days, except the chairman may be compensated for not more than one hundred fifty days. Service on the board does not qualify as a service credit for the purposes of a public retirement system.
(3) The board shall keep proper records and is subject to audit by the state auditor or other auditing entities.
NEW SECTION. Sec. 108. Sections 101 through 107 of this act are each added to chapter 44.40 RCW.
Sec. 109. RCW 44.40.010 and 1999 sp.s. c 1 s 616 are each amended to read as follows:
The joint fact-finding committee on highways, streets, and bridges originally created by chapter 111, Laws of 1947, recreated and renamed the joint committee on highways by chapter 3, Laws of 1963 extraordinary session, recreated and renamed the legislative transportation committee by chapter 87, Laws of 1980, is hereby recreated and renamed the legislative transportation accountability committee. The renaming of said committee shall not affect any powers invested in it or its duties imposed upon it by any other statute. All appropriations made to the committee under its former name shall continue to be available to said committee as renamed, the legislative transportation accountability committee. The committee shall consist of twelve senators to be appointed by the president of the senate and twelve members of the house of representatives to be appointed by the speaker thereof. Not more than six members from each house may be from the same political party. A list of appointees shall be submitted before the close of each regular legislative session during an odd-numbered year or any successive special session convened by the governor or the legislature prior to the close of such regular session or successive special session(s) for confirmation of senate members, by the senate, and house members, by the house. Vacancies occurring shall be filled by the appointing authority. All vacancies must be filled from the same political party and from the same house as the member whose seat was vacated.
((On May 27, 1999, the president of the senate shall appoint an additional senate member as provided by the 1999 amendment of this section. With the appointment of the additional member, the terms of officers elected before May 27, 1999, are terminated, and the committee shall hold a new election of officers.))
The committee shall adopt rules and procedures for its orderly operation.
Sec. 110. RCW 44.40.013 and 2001 c 259 s 5 are each amended to read as follows:
The administration of the legislative transportation accountability committee is subject to RCW 44.04.260.
Sec. 111. RCW 44.40.015 and 2001 c 259 s 6 are each amended to read as follows:
The members of the legislative transportation accountability committee shall form an executive committee consisting of two members from each of the four major political caucuses, which will include the chair and vice-chair of the legislative transportation accountability committee. There will be four alternates to the executive committee, one from each of the four major political caucuses. Each alternate may represent a member from the same political caucus from which they were chosen when that member is absent, and have voting privileges during that absence.
Subject to RCW 44.04.260, the executive committee is responsible for performing all general administrative and personnel duties assigned to it in the rules and procedures adopted by the committee, determining the number of legislative transportation accountability committee staff, and other duties delegated to it by the committee. Except when those responsibilities are assumed by the legislative transportation accountability committee, and subject to RCW 44.04.260, the executive committee is responsible for adopting interim work plans and meeting schedules, approving all contracts signed on behalf of the committee, and setting policies for legislative transportation accountability committee staff utilization.
Sec. 112. RCW 44.40.020 and 1996 c 129 s 9 are each amended to read as follows:
(1) The committee is authorized and directed to continue its studies and for that purpose shall have the powers set forth in chapter 111, Laws of 1947. The committee is further authorized to make studies related to bills assigned to the house and senate transportation committees and such other studies as provided by law. The executive committee of the committee may assign responsibility for all or part of the conduct of studies to the house and/or senate transportation committees.
(2) The committee may review and approve franchise agreements entered into by the department of transportation under RCW ((43.51.113)) 79A.05.125.
Sec. 113. RCW 44.40.025 and 1996 c 288 s 49 are each amended to read as follows:
In addition to the powers and duties authorized in RCW 44.40.020, the committee and the standing committees on transportation of the house and senate shall, in coordination with the joint legislative audit and review committee, the legislative evaluation and accountability program committee, and the ways and means committees of the senate and house of representatives, ascertain, study, and/or analyze all available facts and matters relating or pertaining to sources of revenue, appropriations, expenditures, and financial condition of the motor vehicle fund and accounts thereof, the highway safety fund, and all other funds or accounts related to transportation programs of the state.
The joint legislative audit and review committee, the legislative evaluation and accountability program committee, and the ways and means committees of the senate and house of representatives shall coordinate their activities with the legislative transportation accountability committee in carrying out the committees' powers and duties under chapter 43.88 RCW in matters relating to the transportation programs of the state.
Sec. 114. RCW 44.40.030 and 1982 c 227 s 17 are each amended to read as follows:
In addition to the powers and duties heretofore conferred upon it, the legislative transportation accountability committee may participate in: (1) The activities of committees of the council of state governments concerned with transportation activities; (2) activities of the national committee on uniform traffic laws and ordinances; (3) any interstate reciprocity or proration meetings designated by the department of licensing; and (4) such other organizations as it deems necessary and appropriate.
Sec. 115. RCW 44.40.040 and 2001 c 259 s 7 are each amended to read as follows:
The members of the legislative transportation accountability committee and the house and senate transportation committees shall receive allowances while attending meetings of the committees or subcommittees and while engaged in other authorized business of the committees as provided in RCW 44.04.120. Subject to RCW 44.04.260, all expenses incurred by the committee, and the house and senate transportation committees, including salaries of employees of the legislative transportation accountability committee, shall be paid upon voucher forms as provided by the office of financial management and signed by the chairman or vice chairman or authorized designee of the chairman of the committee, and the authority of said chairman or vice chairman to sign vouchers shall continue until their successors are selected. Vouchers may be drawn upon funds appropriated for the expenses of the committee.
Sec. 116. RCW 44.40.070 and 1998 c 245 s 87 are each amended to read as follows:
Prior to October 1st of each even-numbered year all state agencies whose major programs consist of transportation activities, including the department of transportation, the transportation improvement board, the Washington state patrol, the department of licensing, the traffic safety commission, the county road administration board, and the board of pilotage commissioners, shall adopt or revise, after consultation with the legislative transportation accountability committee, a comprehensive six-year program and financial plan for all transportation activities under each agency's jurisdiction.
The comprehensive six-year program and financial plan shall state the general objectives and needs of each agency's major transportation programs, including workload and performance estimates.
Sec. 117. RCW 44.40.090 and 2001 c 259 s 8 are each amended to read as follows:
Subject to RCW 44.04.260, powers and duties enumerated by this chapter shall be delegated to the senate and house transportation committees during periods when the legislative transportation accountability committee is not appointed.
Sec. 118. RCW 44.40.100 and 2001 c 259 s 9 are each amended to read as follows:
Subject to RCW 44.04.260, the legislative transportation accountability committee and the senate and house transportation committees may enter into contracts on behalf of the state to carry out the purposes of this chapter; and it or they may act for the state in the initiation of or participation in any multigovernmental program relative to transportation planning or programming; and it or they may enter into contracts to receive federal or other funds, grants, or gifts to carry out said purposes and to be used in preference to or in combination with state funds. When federal or other funds are received, they shall be deposited with the state treasurer and thereafter expended only upon approval by the committee or committees.
Sec. 119. RCW 44.40.140 and 1983 c 212 s 2 are each amended to read as follows:
Prior to the start of each regular legislative session in an odd-numbered year, the legislative transportation accountability committee shall review the policy of the state concerning fees imposed on nonpolluting fuels under RCW 82.38.075, and shall report its findings and recommendations for change, if any, to the legislature.
Sec. 120. RCW 44.40.150 and 1998 c 245 s 88 are each amended to read as follows:
(1) The legislative transportation accountability committee shall undertake a study and develop recommendations for legislative and executive consideration that will:
(a) Increase the efficiency and effectiveness of state transportation programs and reduce costs;
(b) Enhance the accountability and organizational soundness of all transportation modes;
(c) Encourage better communication between local jurisdictions and the department of transportation in developing engineering plans and subsequent construction projects;
(d) Encourage private sector support and financial participation in project development and construction of transportation projects;
(e) Develop long-range goals that reflect changing technology and state-of-the-art advancements in transportation;
(f) Explore alternatives for the establishment of an integrated and balanced multimodal statewide transportation system to meet the needs of the 21st century; and
(g) Explore ways to reduce the demand on the transportation system and more effectively use the existing system.
The committee may study other transportation needs and problems and make further recommendations.
(2) The office of financial management and the department of transportation shall provide staff support as required by the legislative transportation accountability committee in developing the recommendations. To the extent permitted by law, all agencies of the state shall cooperate fully with the legislative transportation accountability committee in carrying out its duties under this section.
(3) The legislative transportation accountability committee may receive and expend gifts, grants, and endowments from private sector sources to carry out the purpose of this section.
PART II - LICENSE FEES
NEW SECTION. Sec. 201. A new section is added to chapter 46.04 RCW to read as follows:
"Gross weight portion of the current combined licensing fees" means the amounts listed in RCW 46.16.070, Schedule A, less twenty-five dollars and seventy-five cents, and the amounts listed in Schedule B, less twenty-five dollars and seventy-five cents and less an additional ninety dollars if the requested gross weight is over forty thousand pounds.
Sec. 202. RCW 46.16.070 and 1994 c 262 s 8 are each amended to read as follows:
(1) In lieu of all other vehicle licensing fees, unless specifically exempt, and in addition to ((the excise tax prescribed in chapter 82.44 RCW and)) the mileage fees prescribed for buses and stages in RCW 46.16.125, there shall be paid and collected annually for each truck, motor truck, truck tractor, road tractor, tractor, bus, auto stage, or for hire vehicle with seating capacity of more than six, based upon the declared combined gross weight or declared gross weight ((thereof pursuant to the provisions of)) under chapter 46.44 RCW, the following licensing fees by such gross weight:
DECLARED GROSS WEIGHT SCHEDULE A SCHEDULE B
4,000 lbs.. . . . . . . . . . . . . . . . . .$ 37.00. . . . . . . . . . . . $ 37.00
6,000 lbs.. . . . . . . . . . . . . . . . . .$ 44.00. . . . . . . . . . . . $ 44.00
8,000 lbs.. . . . . . . . . . . . . . . . . .$ 55.00. . . . . . . . . . . . $ 55.00
10,000 lbs.. . . . . . . . . . . . . . . . . .$ 62.00. . . . . . . . . . . . $ 62.00
12,000 lbs.. . . . . . . . . . . . . . . . . .$ 72.00. . . . . . . . . . . . $ 72.00
14,000 lbs.. . . . . . . . . . . . . . . . . .$ 82.00. . . . . . . . . . . . $ 82.00
16,000 lbs.. . . . . . . . . . . . . . . . . .$ 92.00. . . . . . . . . . . . $ 92.00
18,000 lbs.. . . . . . . . . . . . . . . . . .$ 137.00. . . . . . . . . . . . $ 137.00
20,000 lbs.. . . . . . . . . . . . . . . . . .$ 152.00. . . . . . . . . . . . $ 152.00
22,000 lbs.. . . . . . . . . . . . . . . . . .$ 164.00. . . . . . . . . . . . $ 164.00
24,000 lbs.. . . . . . . . . . . . . . . . . .$ 177.00. . . . . . . . . . . . $ 177.00
26,000 lbs.. . . . . . . . . . . . . . . . . .$ 187.00. . . . . . . . . . . . $ 187.00
28,000 lbs.. . . . . . . . . . . . . . . . . .$ 220.00. . . . . . . . . . . . $ 220.00
30,000 lbs.. . . . . . . . . . . . . . . . . .$ 253.00. . . . . . . . . . . . $ 253.00
32,000 lbs.. . . . . . . . . . . . . . . . . .$ 304.00. . . . . . . . . . . . $ 304.00
34,000 lbs.. . . . . . . . . . . . . . . . . .$ 323.00. . . . . . . . . . . . $ 323.00
36,000 lbs.. . . . . . . . . . . . . . . . . .$ 350.00. . . . . . . . . . . . $ 350.00
38,000 lbs.. . . . . . . . . . . . . . . . . .$ 384.00. . . . . . . . . . . . $ 384.00
40,000 lbs.. . . . . . . . . . . . . . . . . .$ 439.00. . . . . . . . . . . . $ 439.00
42,000 lbs.. . . . . . . . . . . . . . . . . .$ 456.00. . . . . . . . . . . . $ 546.00
44,000 lbs.. . . . . . . . . . . . . . . . . .$ 466.00. . . . . . . . . . . . $ 556.00
46,000 lbs.. . . . . . . . . . . . . . . . . .$ 501.00. . . . . . . . . . . . $ 591.00
48,000 lbs.. . . . . . . . . . . . . . . . . .$ 522.00. . . . . . . . . . . . $ 612.00
50,000 lbs.. . . . . . . . . . . . . . . . . .$ 566.00. . . . . . . . . . . . $ 656.00
52,000 lbs.. . . . . . . . . . . . . . . . . .$ 595.00. . . . . . . . . . . . $ 685.00
54,000 lbs.. . . . . . . . . . . . . . . . . .$ 642.00. . . . . . . . . . . . $ 732.00
56,000 lbs.. . . . . . . . . . . . . . . . . .$ 677.00. . . . . . . . . . . . $ 767.00
58,000 lbs.. . . . . . . . . . . . . . . . . .$ 704.00. . . . . . . . . . . . $ 794.00
60,000 lbs.. . . . . . . . . . . . . . . . . .$ 750.00. . . . . . . . . . . . $ 840.00
62,000 lbs.. . . . . . . . . . . . . . . . . .$ 804.00. . . . . . . . . . . . $ 894.00
64,000 lbs.. . . . . . . . . . . . . . . . . .$ 822.00. . . . . . . . . . . . $ 912.00
66,000 lbs.. . . . . . . . . . . . . . . . . .$ 915.00. . . . . . . . . . . . $ 1,005.00
68,000 lbs.. . . . . . . . . . . . . . . . . .$ 954.00. . . . . . . . . . . . $ 1,044.00
70,000 lbs.. . . . . . . . . . . . . . . . . .$ 1,027.00. . . . . . . . . . . . $ 1,117.00
72,000 lbs.. . . . . . . . . . . . . . . . . .$ 1,098.00. . . . . . . . . . . . $ 1,188.00
74,000 lbs.. . . . . . . . . . . . . . . . . .$ 1,193.00. . . . . . . . . . . . $ 1,283.00
76,000 lbs.. . . . . . . . . . . . . . . . . .$ 1,289.00. . . . . . . . . . . . $ 1,379.00
78,000 lbs.. . . . . . . . . . . . . . . . . .$ 1,407.00. . . . . . . . . . . . $ 1,497.00
80,000 lbs.. . . . . . . . . . . . . . . . . .$ 1,518.00. . . . . . . . . . . . $ 1,608.00
82,000 lbs.. . . . . . . . . . . . . . . . . .$ 1,623.00. . . . . . . . . . . . $ 1,713.00
84,000 lbs.. . . . . . . . . . . . . . . . . .$ 1,728.00. . . . . . . . . . . . $ 1,818.00
86,000 lbs.. . . . . . . . . . . . . . . . . .$ 1,833.00. . . . . . . . . . . . $ 1,923.00
88,000 lbs.. . . . . . . . . . . . . . . . . .$ 1,938.00. . . . . . . . . . . . $ 2,028.00
90,000 lbs.. . . . . . . . . . . . . . . . . .$ 2,043.00. . . . . . . . . . . . $ 2,133.00
92,000 lbs.. . . . . . . . . . . . . . . . . .$ 2,148.00. . . . . . . . . . . . $ 2,238.00
94,000 lbs.. . . . . . . . . . . . . . . . . .$ 2,253.00. . . . . . . . . . . . $ 2,343.00
96,000 lbs.. . . . . . . . . . . . . . . . . .$ 2,358.00. . . . . . . . . . . . $ 2,448.00
98,000 lbs.. . . . . . . . . . . . . . . . . .$ 2,463.00. . . . . . . . . . . . $ 2,553.00
100,000 lbs.. . . . . . . . . . . . . . . . . .$ 2,568.00. . . . . . . . . . . . $ 2,658.00
102,000 lbs.. . . . . . . . . . . . . . . . . .$ 2,673.00. . . . . . . . . . . . $ 2,763.00
104,000 lbs.. . . . . . . . . . . . . . . . . .$ 2,778.00. . . . . . . . . . . . $ 2,868.00
105,500 lbs.. . . . . . . . . . . . . . . . . .$ 2,883.00. . . . . . . . . . . . $ 2,973.00
Schedule A applies to vehicles either used exclusively for hauling logs or that do not tow trailers. Schedule B applies to vehicles that tow trailers and are not covered under Schedule A.
(2) Every truck, motor truck, truck tractor, and tractor exceeding 6,000 pounds empty scale weight registered under chapter 46.16, 46.87, or 46.88 RCW shall be licensed for not less than one hundred fifty percent of its empty weight unless the amount would be in excess of the legal limits prescribed for such a vehicle in RCW 46.44.041 or 46.44.042, in which event the vehicle shall be licensed for the maximum weight authorized for such a vehicle or unless the vehicle is used only for the purpose of transporting any well drilling machine, air compressor, rock crusher, conveyor, hoist, donkey engine, cook house, tool house, bunk house, or similar machine or structure attached to or made a part of such vehicle.
(3)(a) Beginning with all motor vehicle registrations that are due or become due on January 1, 2002, there will be paid and collected annually a fifteen percent surcharge on the gross weight portion of the combined licensing fees in effect January 1, 2002, for vehicles with a licensed gross weight over ten thousand pounds.
(b) Beginning with all motor vehicle registrations that are due or become due on January 1, 2003, and thereafter, there will be paid and collected annually a thirty percent surcharge on the gross weight portion of the combined licensing fees in effect January 1, 2002, for vehicles with a licensed gross weight over ten thousand pounds.
(4) The following provisions apply when increasing gross or combined gross weight for a vehicle licensed under this section:
(a) The new license fee will be one-twelfth of the fee listed above for the new gross weight, multiplied by the number of months remaining in the period for which licensing fees have been paid, including the month in which the new gross weight is effective.
(b) Upon surrender of the current certificate of registration or cab card, the new licensing fees due shall be reduced by the amount of the licensing fees previously paid for the same period for which new fees are being charged.
(((2))) (5) The proceeds from the fees collected under ((subsection (1) of)) this section shall be distributed in accordance with RCW 46.68.035.
Sec. 203. RCW 46.68.035 and 2000 2nd sp.s. c 4 s 8 are each amended to read as follows:
All proceeds from combined vehicle licensing fees received by the director for vehicles licensed under RCW 46.16.070 and 46.16.085 shall be forwarded to the state treasurer to be distributed into accounts according to the following method:
(1) The sum of two dollars for each vehicle shall be deposited into the multimodal transportation account, except that for each vehicle registered by a county auditor or agent to a county auditor pursuant to RCW 46.01.140, the sum of two dollars shall be credited to the current county expense fund.
(2) The proceeds from the surcharge collected under RCW 46.16.070(3) must be deposited into the motor vehicle account.
(3) The remainder shall be distributed as follows:
(a) 23.677 percent shall be deposited into the state patrol highway account of the motor vehicle fund;
(b) 1.521 percent shall be deposited into the Puget Sound ferry operations account of the motor vehicle fund; and
(c) The remaining proceeds shall be deposited into the motor vehicle fund.
NEW SECTION. Sec. 204. A new section is added to chapter 46.68 RCW to read as follows:
The freight mobility account is created in the state treasury. Money in the account may be spent only after appropriation. Expenditures from the account may be used only for the purpose of roadway improvement projects to facilitate freight movement.
Sec. 205. RCW 43.84.092 and 2001 2nd sp.s. c 14 s 608, 2001 c 273 s 6, 2001 c 141 s 3, and 2001 c 80 s 5 are each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The
treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the emergency reserve fund, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public health supplemental account, the Puyallup tribal settlement account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the freight mobility account, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.
(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
PART III - FUEL TAX
Sec. 301. RCW 82.36.025 and 1999 c 269 s 16 and 1999 c 94 s 29 are each reenacted and amended to read as follows:
(1) A motor vehicle fuel tax rate of twenty-three cents per gallon ((shall apply)) applies to the sale, distribution, or use of motor vehicle fuel.
(2) Beginning January 1, 2002, an additional and cumulative motor fuel tax rate of five cents per gallon applies to the sale, distribution, or use of motor vehicle fuel.
(3) Beginning January 1, 2003, an additional and cumulative motor vehicle fuel tax rate of four cents per gallon applies to the sale, distribution, or use of motor vehicle fuel.
Sec. 302. RCW 82.38.030 and 2001 c 270 s 6 are each amended to read as follows:
(1) There is hereby levied and imposed upon special fuel users a tax at the rate ((computed in the manner provided in RCW 82.36.025 on each)) of twenty-three cents per gallon of special fuel, or each one hundred cubic feet of compressed natural gas, measured at standard pressure and temperature.
(2) Beginning January 1, 2002, an additional and cumulative tax rate of five cents per gallon of special fuel, or each one hundred cubic feet of compressed natural gas, measured at standard pressure and temperature shall be imposed on special fuel users.
(3) Beginning January 1, 2003, an additional and cumulative special fuel tax rate of four cents per gallon of special fuel, or each one hundred cubic feet of compressed natural gas, measured at standard pressure and temperature shall be imposed on special fuel users.
(4) The tax is imposed ((by subsection (1) of this section is imposed)) when:
(a) Special fuel is removed in this state from a terminal if the special fuel is removed at the rack unless the removal is to a licensed exporter for direct delivery to a destination outside of the state, or the removal is to a special fuel distributor for direct delivery to an international fuel tax agreement licensee under RCW 82.38.320;
(b) Special fuel is removed in this state from a refinery if either of the following applies:
(i) The removal is by bulk transfer and the refiner or the owner of the special fuel immediately before the removal is not a licensee; or
(ii) The removal is at the refinery rack unless the removal is to a licensed exporter for direct delivery to a destination outside of the state, or the removal is to a special fuel distributor for direct delivery to an international fuel tax agreement licensee under RCW 82.38.320;
(c) Special fuel enters into this state for sale, consumption, use, or storage if either of the following applies:
(i) The entry is by bulk transfer and the importer is not a licensee; or
(ii) The entry is not by bulk transfer;
(d) Special fuel is sold or removed in this state to an unlicensed entity unless there was a prior taxable removal, entry, or sale of the special fuel;
(e) Blended special fuel is removed or sold in this state by the blender of the fuel. The number of gallons of blended special fuel subject to tax is the difference between the total number of gallons of blended special fuel removed or sold and the number of gallons of previously taxed special fuel used to produce the blended special fuel;
(f) Dyed special fuel is used on a highway, as authorized by the internal revenue code, unless the use is exempt from the special fuel tax;
(g) Special fuel purchased by an international fuel tax agreement licensee under RCW 82.38.320 is used on a highway; and
(h) Special fuel is sold by a licensed special fuel supplier to a special fuel distributor, special fuel importer, or special fuel blender and the special fuel is not removed from the bulk transfer-terminal system.
(((3))) (5) The tax imposed by this chapter, if required to be collected by the licensee, is held in trust by the licensee until paid to the department, and a licensee 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 is guilty of a felony, or gross misdemeanor in accordance with the theft and anticipatory provisions of Title 9A RCW. A person, partnership, corporation, or corporate officer who fails to collect the tax imposed by
this section, or who has collected the tax and fails to pay it to the department in the manner prescribed by this chapter, is personally liable to the state for the
amount of the tax.
Sec. 303. RCW 46.68.090 and 1999 c 269 s 2 and 1999 c 94 s 6 are each reenacted and amended to read as follows:
(1) All moneys that have accrued or may accrue to the motor vehicle fund from the motor vehicle fuel tax and special fuel tax shall be first expended for purposes enumerated in (a) and (b) of this subsection. The remaining net tax amount shall be distributed monthly by the state treasurer in ((the proportions set forth in (c) through (l))) accordance with subsections (2), (3), and (4) of this ((subsection)) section.
(a) For payment of refunds of motor vehicle fuel tax and special fuel tax that has been paid and is refundable as provided by law;
(b) For payment of amounts to be expended pursuant to appropriations for the administrative expenses of the offices of state treasurer, state auditor, and the department of licensing of the state of Washington in the administration of the motor vehicle fuel tax and the special fuel tax, which sums shall be distributed monthly((;)).
(2) All of the remaining net tax amount collected under RCW 82.36.025(1) and 82.38.030(1) shall be distributed as set forth in (a) through (j) of this subsection.
(((c))) (a) For distribution to the motor vehicle fund an amount equal to 44.387 percent to be expended for highway purposes of the state as defined in RCW 46.68.130;
(((d))) (b) For distribution to the special category C account, hereby created in the motor vehicle fund, an amount equal to 3.2609 percent to be expended for special category C projects. Special category C projects are category C projects that, due to high cost only, will require bond financing to complete construction.
The following criteria, listed in order of priority, shall be used in determining which special category C projects have the highest priority:
(i) Accident experience;
(ii) Fatal accident experience;
(iii) Capacity to move people and goods safely and at reasonable speeds without undue congestion; and
(iv) Continuity of development of the highway transportation network.
Moneys deposited in the special category C account in the motor vehicle fund may be used for payment of debt service on bonds the proceeds of which are used to finance special category C projects under this subsection (((1)(d))) (2)(b);
(((e))) (c) For distribution to the Puget Sound ferry operations account in the motor vehicle fund an amount equal to 2.3283 percent;
(((f))) (d) For distribution to the Puget Sound capital construction account in the motor vehicle fund an amount equal to 2.3726 percent;
(((g))) (e) For distribution to the urban arterial trust account in the motor vehicle fund an amount equal to 7.5597 percent;
(((h))) (f) For distribution to the transportation improvement account in the motor vehicle fund an amount equal to 5.6739 percent and expended in accordance with RCW 47.26.086;
(((i))) (g) For distribution to the cities and towns from the motor vehicle fund an amount equal to 10.6961 percent in accordance with RCW 46.68.110;
(((j))) (h) For distribution to the counties from the motor vehicle fund an amount equal to 19.2287 percent: (i) Out of which there shall be distributed from time to time, as directed by the department of transportation, those sums as may be necessary to carry out the provisions of RCW 47.56.725; and (ii) less any amounts appropriated to the county road administration board to implement the provisions of RCW 47.56.725(4), with the balance of such county share to be distributed monthly as the same accrues for distribution in accordance with RCW 46.68.120;
(((k))) (i) For distribution to the county arterial preservation account, hereby created in the motor vehicle fund an amount equal to 1.9565 percent. These funds shall be distributed by the county road administration board to counties in proportions corresponding to the number of paved arterial lane miles in the unincorporated area of each county and shall be used for improvements to sustain the structural, safety, and operational integrity of county arterials. The county road administration board shall adopt reasonable rules and develop policies to implement this program and to assure that a pavement management system is used;
(((l))) (j) For distribution to the rural arterial trust account in the motor vehicle fund an amount equal to 2.5363 percent and expended in accordance with RCW 36.79.020.
(((2))) (3) 100 percent of the net tax amount collected under RCW 82.36.025(2) and 82.38.030(2) shall be distributed as follows:
(a) 4.3366 percent shall be distributed to cities and towns in accordance with RCW 46.68.110(6).
(b) 4.3366 percent shall be distributed to counties in accordance with RCW 46.68.120.
(c) 91.3268 percent shall be distributed to the motor vehicle account.
(4) 100 percent of the net tax amount collected under RCW 82.36.025(3) and 82.38.030(3) shall be distributed to the motor vehicle account.
(5) Nothing in this section or in RCW 46.68.130 may be construed so as to violate any terms or conditions contained in any highway construction bond issues now or hereafter authorized by statute and whose payment is by such statute pledged to be paid from any excise taxes on motor vehicle fuel and special fuels.
Sec. 304. RCW 46.68.110 and 1999 c 269 s 3 and 1999 c 94 s 9 are each reenacted and amended to read as follows:
Funds credited to the incorporated cities and towns of the state as set forth in RCW 46.68.090(((1)(i))) shall be subject to deduction and distribution as follows:
(1) One and one-half percent of such sums distributed under RCW 46.68.090 (2)(g) and (3) shall be deducted monthly as such sums are credited and set aside for the use of the department of transportation for the supervision of work and expenditures of such incorporated cities and towns on the city and town streets thereof, including the supervision and administration of federal-aid programs for which the department of transportation has responsibility: PROVIDED, That any moneys so retained and not expended shall be credited in the succeeding biennium to the incorporated cities and towns in proportion to deductions herein made;
(2) Thirty-three one-hundredths of one percent of such funds distributed under RCW 46.68.090 (2)(g) and (3) shall be deducted monthly, as such funds accrue, and set aside for the use of the department of transportation for the purpose of funding the cities' share of the costs of highway jurisdiction studies and other studies. Any funds so retained and not expended shall be credited in the succeeding biennium to the cities in proportion to the deductions made;
(3) One percent of such funds distributed under RCW 46.68.090(2)(g) shall be deducted monthly, as such funds accrue, to be deposited in the urban arterial trust account, to implement the city hardship assistance program, as provided in RCW 47.26.164. However, any moneys so retained and not required to carry out the program as of July 1st of each odd-numbered year thereafter, shall be provided within sixty days to the treasurer and distributed in the manner prescribed in subsection (5) of this section;
(4) After making the deductions under subsections (1) through (3) of this section and RCW 35.76.050, 31.86 percent of the fuel tax distributed to the cities and towns in RCW 46.68.090(((1)(i))) (2)(g) shall be allocated monthly as the funds accrue to the incorporated cities and towns ((in the manner set forth in subsection (5) of this section and subject to deductions in subsections (1), (2), and (3) of this section, subject to RCW 35.76.050, to)) of the state ratably on the basis of the population as last determined by the office of financial management. Funds shall be used exclusively for: The construction, improvement, chip sealing, seal-coating, and repair for arterial highways and city streets as those terms are defined in RCW 46.04.030 and 46.04.120; the maintenance of arterial highways and city streets for those cities with a population of less than fifteen thousand; or the payment of any municipal indebtedness which may be incurred in the construction, improvement, chip sealing, seal-coating, and repair of arterial highways and city streets; ((and))
(5) The ((balance)) remaining ((to the credit of incorporated cities and towns after such deduction)) funds not distributed under subsection (4) of this section shall be apportioned monthly as such funds accrue among the ((several)) incorporated cities and towns within the state ratably on the basis of the population last determined by the office of financial management; and
(6) After making the deductions under subsections (1) and (2) of this section and RCW 35.76.050, one hundred percent of the funds distributed to the cities and towns in RCW 46.68.090(3)(a) shall be allocated monthly as such funds accrue to the incorporated cities and towns of the state with populations over ten thousand persons, ratably on the basis of population as last determined by the office of financial management.
NEW SECTION. Sec. 305. A new section is added to chapter 47.26 RCW to read as follows:
As part of the matching funds requirements under RCW 47.26.270, the transportation improvement board shall require a city or town receiving funds under RCW 46.68.110(6) to use a portion of these funds, as determined by the board by rule, for the purpose of matching a portion of the corridor grant money allocated to the city or town by the board under this chapter.
Sec. 306. RCW 82.38.035 and 2001 c 270 s 7 are each amended to read as follows:
(1) A licensed supplier shall remit tax on special fuel to the department as provided in RCW 82.38.030(((2))) (4)(a). On a two-party exchange, or buy-sell agreement between two licensed suppliers, the receiving exchange partner or buyer shall remit the tax.
(2) A refiner shall remit tax to the department on special fuel removed from a refinery as provided in RCW 82.38.030(((2))) (4)(b).
(3) An importer shall remit tax to the department on special fuel imported into this state as provided in RCW 82.38.030(((2))) (4)(c).
(4) A blender shall remit tax to the department on the removal or sale of blended special fuel as provided in RCW 82.38.030(((2))) (4)(e).
(5) A dyed special fuel user shall remit tax to the department on the use of dyed special fuel as provided in RCW 82.38.030(((2))) (4)(f).
Sec. 307. RCW 82.38.045 and 1998 c 176 s 54 are each amended to read as follows:
A terminal operator is jointly and severally liable for remitting the tax imposed under RCW 82.38.030(((1))) if, at the time of removal:
(1) The position holder with respect to the special fuel is a person other than the terminal operator and is not a licensee;
(2) The terminal operator is not a licensee;
(3) The position holder has an expired internal revenue service notification certificate issued under chapter 26, C.F.R. Part 48; or
(4) The terminal operator had reason to believe that information on the notification certificate was false.
Sec. 308. RCW 82.38.047 and 1998 c 176 s 55 are each amended to read as follows:
A terminal operator is jointly and severally liable for remitting the tax imposed under RCW 82.38.030(((1))) if, in connection with the removal of special fuel that is not dyed or marked in accordance with internal revenue service requirements, the terminal operator provides a person with a bill of lading, shipping paper, or similar document indicating that the special fuel is dyed or marked in accordance with internal revenue service requirements.
Sec. 309. RCW 82.38.075 and 1983 c 212 s 1 are each amended to read as follows:
In order to encourage the use of nonpolluting fuels, an annual license fee in lieu of the tax imposed by RCW 82.38.030 shall be imposed upon the use of natural gas as defined in this chapter or on liquified petroleum gas, commonly called propane, which is used in any motor vehicle, as defined in RCW 46.04.320, which shall be based upon the following schedule as adjusted by the formula set out below:
VEHICLE TONNAGE (GVW) FEE
0 - 6,000 $ 45
6,001 - 10,000 $ 45
10,001 - 18,000 $ 80
18,001 - 28,000 $110
28,001 - 36,000 $150
36,001 and above $250
To determine the actual annual license fee imposed by this section for a registration year, the appropriate dollar amount set out in the above schedule shall be multiplied by the ((motor vehicle)) special fuel tax rate in cents per gallon as established by RCW ((82.36.025)) 82.38.030 effective on July 1st of the preceding calendar year and the product thereof shall be divided by 12 cents.
The department of licensing, in addition to the foregoing fee, shall charge a further fee of five dollars as a handling charge for each license issued.
The director of licensing shall be authorized to prorate the vehicle tonnage fee so that the annual license required by this section will correspond with the staggered vehicle licensing system.
A decal or other identifying device issued upon payment of these annual fees shall be displayed as prescribed by the department as authority to purchase this fuel.
Persons selling or dispensing natural gas or propane may not sell or dispense this fuel for their own use or the use of others into tanks of vehicles powered by this fuel which do not display a valid decal or other identifying device as provided in this section.
Vehicles registered in jurisdictions outside the state of Washington are exempt from this section.
Any person selling or dispensing natural gas or propane into the tank of a motor vehicle powered by this fuel, except as prescribed in this chapter, is subject to the penalty provisions of this chapter.
Sec. 310. RCW 46.09.170 and 1995 c 166 s 9 are each amended to read as follows:
(1) From time to time, but at least once each year, the state treasurer shall refund from the motor vehicle fund one percent of the motor vehicle fuel tax revenues collected under chapter 82.36 RCW, based on the tax rate in effect January 1, ((1990)) 2001, less proper deductions for refunds and costs of collection as provided in RCW 46.68.090. The treasurer shall place these funds in the general fund as follows:
(a) Forty percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of natural resources solely for planning, maintenance, and management of ORV recreation facilities, nonhighway roads, and nonhighway road recreation facilities. The funds under this subsection shall be expended in accordance with the following limitations:
(i) Not more than five percent may be expended for information programs under this chapter;
(ii) Not less than ten percent and not more than fifty percent may be expended for ORV recreation facilities;
(iii) Not more than twenty-five percent may be expended for maintenance of nonhighway roads;
(iv) Not more than fifty percent may be expended for nonhighway road recreation facilities;
(v) Ten percent shall be transferred to the interagency committee for outdoor recreation for grants to law enforcement agencies in those counties where the department of natural resources maintains ORV facilities. This amount is in addition to those distributions made by the interagency committee for outdoor recreation under (d)(i) of this subsection;
(b) Three and one-half percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of fish and wildlife solely for the acquisition, planning, development, maintenance, and management of nonhighway roads and recreation facilities;
(c) Two percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and recreation commission solely for the maintenance and management of ORV use areas and facilities; and
(d) Fifty-four and one-half percent, together with the funds received by the interagency committee for outdoor recreation under RCW 46.09.110, shall be credited to the nonhighway and off-road vehicle activities program account to be administered by the committee for planning, acquisition, development, maintenance, and management of ORV recreation facilities and nonhighway road recreation facilities; ORV user education and information; and ORV law enforcement programs. The expenditures in this subsection (1)(d) shall be calculated on the motor vehicle fuel tax in effect January 1, 1990, until this subsection (1)(d) is amended to reflect the findings of the recreational fuel use study provided in section 346, chapter 8, Laws of 2001 2nd sp. sess. The funds under this subsection shall be expended in accordance with the following limitations:
(i) Not more than twenty percent may be expended for ORV education, information, and law enforcement programs under this chapter;
(ii) Not less than an amount equal to the funds received by the interagency committee for outdoor recreation under RCW 46.09.110 and not more than sixty percent may be expended for ORV recreation facilities;
(iii) Not more than twenty percent may be expended for nonhighway road recreation facilities.
(2) On a yearly basis an agency may not, except as provided in RCW 46.09.110, expend more than ten percent of the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.
Sec. 311. RCW 46.10.170 and 1994 c 262 s 4 are each amended to read as follows:
From time to time, but at least once each four years, the department shall determine the amount of moneys paid to it as motor vehicle fuel tax that is tax on snowmobile fuel. Such determination shall use one hundred thirty-five gallons as the average yearly fuel usage per snowmobile, the number of registered snowmobiles during the calendar year under determination, and the fuel tax rate in effect January 1, ((1990)) 2001.
Sec. 312. RCW 79A.25.070 and 2000 c 11 s 73 are each amended to read as follows:
Upon expiration of the time limited by RCW 82.36.330 for claiming of refunds of tax on marine fuel, the state of Washington shall succeed to the right to such refunds. The director of licensing, after taking into account past and anticipated claims for refunds from and deposits to the marine fuel tax refund account and the costs of carrying out the provisions of RCW 79A.25.030, shall request the state treasurer to transfer monthly from the marine fuel tax refund account an amount equal to the proportion of the moneys in the account representing the motor vehicle fuel tax rate under RCW 82.36.025 in effect on January 1, ((1990)) 2001, to the recreation resource account and the remainder to the motor vehicle fund.
PART IV - SALES AND USE TAXES
Sec. 401. RCW 82.08.020 and 2000 2nd sp.s. c 4 s 1 are each amended to read as follows:
(1) There is levied and there shall be collected a tax on each retail sale in this state equal to six and five-tenths percent of the selling price.
(2) There is levied and there shall be collected an additional tax on each retail car rental, regardless of whether the vehicle is licensed in this state, equal to five and nine-tenths percent of the selling price. The revenue collected under this subsection shall be deposited in the multimodal transportation account created in RCW 47.66.070.
(3) Beginning April 1, 2003, there is levied and collected an additional tax of one percent of the selling price on each retail sale of a motor vehicle in this state, other than retail car rentals taxed under subsection (2) of this section.
(4) For purposes of subsection (3) of this section, "motor vehicle" has the meaning provided in RCW 46.04.320, but does not include farm tractors or farm vehicles as defined in RCW 46.04.180 and 46.04.181, off-road and nonhighway vehicles as defined in RCW 46.09.020, and snowmobiles as defined in RCW 46.10.010.
(5) The revenue collected under subsection (3) of this section must be deposited into the multimodal transportation account under RCW 47.66.070.
(6) The taxes imposed under this chapter shall apply to successive retail sales of the same property.
(((4))) (7) The rates provided in this section apply to taxes imposed under chapter 82.12 RCW as provided in RCW 82.12.020.
Sec. 402. RCW 82.12.020 and 1999 c 358 s 9 are each amended to read as follows:
(1) There is hereby levied and there shall be collected from every person in this state a tax or excise for the privilege of using within this state as a consumer: (a) Any article of tangible personal property purchased at retail, or acquired by lease, gift, repossession, or bailment, or extracted or produced or manufactured by the person so using the same, or otherwise furnished to a person engaged in any business taxable under RCW 82.04.280 (2) or (7); or (b) any canned software, regardless of the method of delivery, but excluding canned software that is either provided free of charge or is provided for temporary use in viewing information, or both.
(2) This tax shall apply to the use of every service defined as a retail sale in RCW 82.04.050(3)(a) and the use of every article of tangible personal property, including property acquired at a casual or isolated sale, and including byproducts used by the manufacturer thereof, except as hereinafter provided, irrespective of whether the article or similar articles are manufactured or are available for purchase within this state.
(3) Except as provided in RCW 82.12.0252, payment by one purchaser or user of tangible personal property or service of the tax imposed by chapter 82.08 or 82.12 RCW shall not have the effect of exempting any other purchaser or user of the same property or service from the taxes imposed by such chapters.
(4) The tax shall be levied and collected in an amount equal to the value of the article used by the taxpayer multiplied by the rates in effect for the retail sales tax under RCW 82.08.020.
Sec. 403. RCW 82.12.045 and 1996 c 149 s 19 are each amended to read as follows:
(1) In the collection of the use tax on motor vehicles, the department of revenue may designate the county auditors of the several counties of the state as its collecting agents. Upon such designation, it shall be the duty of each county auditor to collect the tax at the time an applicant applies for the registration of, and transfer of title to, the motor vehicle, except in the following instances:
(a) Where the applicant exhibits a dealer's report of sale showing that the retail sales tax has been collected by the dealer;
(b) Where the application is for the renewal of registration;
(c) Where the applicant presents a written statement signed by the department of revenue, or its duly authorized agent showing that no use tax is legally due; or
(d) Where the applicant presents satisfactory evidence showing that the retail sales tax or the use tax has been paid by ((him)) the applicant on the vehicle in question.
(2) The term "motor vehicle," as used in this section means and includes all motor vehicles, trailers and semitrailers used, or of a type designed primarily to be used, upon the public streets and highways, for the convenience or pleasure of the owner, or for the conveyance, for hire or otherwise, of persons or property, including fixed loads, facilities for human habitation, and vehicles carrying exempt licenses.
(3) It shall be the duty of every applicant for registration and transfer of certificate of title who is subject to payment of tax under this section to declare upon ((his)) the application the value of the vehicle for which application is made, which shall consist of the consideration paid or contracted to be paid therefor.
(4) Each county auditor who acts as agent of the department of revenue shall at the time of remitting license fee receipts on motor vehicles subject to the provisions of this section pay over and account to the state treasurer for all use tax revenue collected under this section, after first deducting as ((his)) a collection fee the sum of two dollars for each motor vehicle upon which the tax has been collected. All revenue received by the state treasurer under this section shall be credited to the general fund. The auditor's collection fee shall be deposited in the county current expense fund. A duplicate of the county auditor's transmittal report to the state treasurer shall be forwarded forthwith to the department of revenue.
(5) Any applicant who has paid use tax to a county auditor under this section may apply to the department of revenue for refund thereof if he or she has reason to believe that such tax was not legally due and owing. No refund shall be allowed unless application therefor is received by the department of revenue within the statutory period for assessment of taxes, penalties, or interest prescribed by RCW 82.32.050(3). Upon receipt of an application for refund the department of revenue shall consider the same and issue its order either granting or denying it and if refund is denied the taxpayer shall have the right of appeal as provided in RCW 82.32.170, 82.32.180 and 82.32.190.
(6) The provisions of this section shall be construed as cumulative of other methods prescribed in chapters 82.04 to 82.32 RCW, inclusive, for the collection of the tax imposed by this chapter. The department of revenue shall have power to promulgate such rules as may be necessary to administer the provisions of this section. Any duties required by this section to be performed by the county auditor may be performed by the director of licensing but no collection fee shall be deductible by said director in remitting use tax revenue to the state treasurer.
(7) The use tax revenue collected on the rate provided in RCW 82.08.020(3) will be deposited in the multimodal transportation account under RCW 47.66.070.
NEW SECTION. Sec. 404. A new section is added to chapter 43.135 RCW to read as follows:
A transfer from the general fund to the multimodal transportation account under section 405 of this act for taxes collected under chapters 82.08 and 82.12 RCW on new construction projects within the improvement program in RCW 47.05.030(2), does not require a corresponding lowering of the state expenditure limit to reflect this shift for purposes of RCW 43.135.035(4).
NEW SECTION. Sec. 405. A new section is added to chapter 82.32 RCW to read as follows:
(1) Effective for taxes collected in fiscal year 2006, the tax imposed and collected under chapters 82.08 and 82.12 RCW, less any credits allowed under chapter 82.14 RCW, on construction projects within the improvement program in RCW 47.05.030(2), except for those projects related to safety and environmental retrofit, shall be transferred from the general fund to the multimodal transportation account once each year as described by subsection (3) of this section.
(2) This transaction is exempt from the requirements in RCW 43.135.035(4).
(3) Government entities conducting construction projects within the improvement program in RCW 47.05.030(2), except for those projects related to safety and environmental retrofit, shall report to the department by August 1st of each year the amount of state sales or use tax attributable to the projects identified in this section from the previous fiscal year for purposes of transfer to the multimodal transportation account. The department shall notify the state treasurer of the amount of the transfer by September 30th of each year.
PART V - BOND AUTHORIZATION
NEW SECTION. Sec. 501. In order to provide funds necessary for the location, design, right of way, and construction of selected state and local highway improvements, there shall be issued and sold upon the request of the transportation commission a total of four billion five hundred million dollars of general obligation bonds of the state of Washington.
NEW SECTION. Sec. 502. Upon the request of the transportation commission, as appropriate, the state finance committee shall supervise and provide for the issuance, sale, and retirement of the bonds authorized by RCW 46.68.090 in accordance with chapter 39.42 RCW. Bonds authorized by this act shall be sold in the manner, at time or times, in amounts, and at the price as the state finance committee shall determine. No bonds may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds.
The state finance committee shall consider the issuance of short-term obligations in lieu of long-term obligations for the purposes of more favorable interest rates, lower total interest costs, and increased marketability and for the purpose of retiring the bonds during the life of the project for which they were issued.
NEW SECTION. Sec. 503. The proceeds from the sale of bonds authorized by section 501 of this act shall be deposited in the motor vehicle fund. The proceeds shall be available only for the purposes enumerated in section 501 of this act, for the payment of bond anticipation notes, if any, and for the payment of bond issuance costs, including the costs of underwriting.
NEW SECTION. Sec. 504. Bonds issued under the authority of section 501 of this act shall distinctly state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay such principal and interest as the same shall become due. The principal and interest on the bonds shall be first payable from the proceeds of the state excise taxes on motor vehicle and special fuels imposed by chapters 82.36 and 82.38 RCW. Proceeds of these excise taxes are hereby pledged to the payment of any bonds and the interest thereon issued under the authority of sections 501 through 506 of this act, and the legislature agrees to continue to impose these excise taxes on motor vehicle and special fuels in amounts sufficient to pay, when due, the principal and interest on all bonds issued under the authority of section 501 of this act.
NEW SECTION. Sec. 505. Both principal and interest on the bonds issued for the purposes of section 501 of this act shall be payable from the highway bond retirement fund. The state finance committee may provide that a special account be created in the fund to facilitate payment of the principal and interest. The state finance committee shall, on or before June 30th of each year, certify to the state treasurer the amount required for principal and interest on the bonds in accordance with the bond proceedings. The state treasurer shall withdraw revenues from the motor vehicle fund and deposit in the highway bond retirement fund, or a special account in the fund, such amounts, and at such times, as are required by the bond proceedings.
Any funds required for bond retirement or interest on the bonds authorized by section 501 of this act shall be taken from that portion of the motor vehicle fund that results from the imposition of excise taxes on motor vehicle and special fuels and which is, or may be, appropriated to the department of transportation for state highway purposes. Funds required shall never constitute a charge against any other allocations of motor vehicle fuel and special fuel tax revenues to the state, counties, cities, and towns unless the amount arising from excise taxes on motor vehicle and special fuels distributed to the state in the motor vehicle fund proves insufficient to meet the requirements for bond retirement or interest on any such bonds.
Any payments for bond retirement or interest on the bonds taken from other revenues from the motor vehicle fuel or special fuel taxes that are distributable to the state, counties, cities, and towns shall be repaid from the first revenues from the motor vehicle fuel or special fuel taxes distributed to the motor vehicle fund not required for bond retirement or interest on the bonds.
NEW SECTION. Sec. 506. Bonds issued under the authority of section 501 of this act and this section and any other general obligation bonds of the state of Washington that have been or that may be authorized and that pledge motor vehicle and special fuels excise taxes for the payment of principal and interest thereon shall be an equal charge against the revenues from such motor vehicle and special fuels excise taxes.
NEW SECTION. Sec. 507. For the purpose of providing funds for the planning, design, construction, reconstruction, and other necessary costs for transportation projects, including rail and passenger-only ferry projects, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of one hundred million dollars, or as much thereof as may be required, to finance these projects and all costs incidental thereto. Bonds authorized in this section may be sold at such price as the state finance committee shall determine. No bonds authorized in this section may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds.
NEW SECTION. Sec. 508. The proceeds of the sale of the bonds authorized in section 507 of this act must be deposited in the multimodal transportation account and must be used exclusively for the purposes specified in section 507 of this act and for the payment of expenses incurred in the issuance and sale of the bonds.
NEW SECTION. Sec. 509. (1) The nondebt-limit reimbursable bond retirement account must be used for the payment of the principal and interest on the bonds authorized in section 507 of this act.
(2)(a) The state finance committee must, on or before June 30th of each year, certify to the state treasurer the amount needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in section 507 of this act.
(b) On or before the date on which any interest or principal and interest is due, the state treasurer shall transfer from the multimodal transportation account for deposit into the nondebt-limit reimbursable bond retirement account the amount computed in (a) of this subsection for bonds issued for the purposes of section 507 of this act.
(3) If the multimodal transportation account has insufficient revenues to pay the principal and interest computed in subsection (2)(a) of this section, then the debt-limit reimbursable bond retirement account must be used for the payment of the principal and interest on the bonds authorized in section 507 of this act from any additional means provided by the legislature.
(4) If at any time the multimodal transportation account has insufficient revenues to repay the bonds, the legislature may provide additional means for the payment of the bonds.
NEW SECTION. Sec. 510. (1) Bonds issued under section 507 of this act must state that they are a general obligation of the state of Washington, must pledge the full faith and credit of the state to the payment of the principal and interest, and must contain an unconditional promise to pay the principal and interest as it becomes due.
(2) The owner and holder of each of the bonds or the trustee for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section.
NEW SECTION. Sec. 511. The legislature may provide additional means for raising moneys for the payment of the principal and interest on the bonds authorized in section 507 of this act, and sections 509 and 510 of this act are not deemed to provide an exclusive method for their payment.
NEW SECTION. Sec. 512. The bonds authorized in section 507 of this act are a legal investment for all state funds or funds under state control and for all funds of any other public body.
Sec. 513. RCW 39.42.060 and 2001 2nd sp.s. c 9 s 18 are each amended to read as follows:
No bonds, notes, or other evidences of indebtedness for borrowed money shall be issued by the state which will cause the aggregate debt contracted by the state to exceed that amount for which payments of principal and interest in any fiscal year would require the state to expend more than seven percent of the arithmetic mean of its general state revenues, as defined in section 1(c) of Article VIII of the Washington state Constitution for the three immediately preceding fiscal years as certified by the treasurer in accordance with RCW 39.42.070. It shall be the duty of the state finance committee to compute annually the amount required to pay principal of and interest on outstanding debt. In making such computation, the state finance committee shall include all borrowed money represented by bonds, notes, or other evidences of indebtedness which are secured by the full faith and credit of the state or are required to be paid, directly or indirectly, from general state revenues and which are incurred by the state, any department, authority, public corporation or quasi public corporation of the state, any state university or college, or any other public agency created by the state but not by counties, cities, towns, school districts, or
other municipal corporations, and shall include debt incurred pursuant to section 3 of Article VIII of the Washington state Constitution, but shall exclude the following:
(1) Obligations for the payment of current expenses of state government;
(2) Indebtedness incurred pursuant to RCW 39.42.080 or 39.42.090;
(3) Principal of and interest on bond anticipation notes;
(4) Any indebtedness which has been refunded;
(5) Financing contracts entered into under chapter 39.94 RCW;
(6) Indebtedness authorized or incurred before July 1, 1993, pursuant to statute which requires that the state treasury be reimbursed, in the amount of the principal of and the interest on such indebtedness, from money other than general state revenues or from the special excise tax imposed pursuant to chapter 67.40 RCW;
(7) Indebtedness authorized and incurred after July 1, 1993, pursuant to statute that requires that the state treasury be reimbursed, in the amount of the principal of and the interest on such indebtedness, from (a) moneys outside the state treasury, except higher education operating fees, (b) higher education building fees, (c) indirect costs recovered from federal grants and contracts, and (d) fees and charges associated with hospitals operated or managed by institutions of higher education;
(8) Any agreement, promissory note, or other instrument entered into by the state finance committee under RCW 39.42.030 in connection with its acquisition of bond insurance, letters of credit, or other credit support instruments for the purpose of guaranteeing the payment or enhancing the marketability, or both, of any state bonds, notes, or other evidence of indebtedness;
(9) Indebtedness incurred for the purposes identified in RCW 43.99N.020;
(10) Indebtedness incurred for the purposes of the school district bond guaranty established by chapter 39.98 RCW;
(11) Indebtedness incurred for the purposes of replacing the waterproof membrane over the east plaza garage and revising related landscaping construction pursuant to RCW 43.99Q.070; ((and))
(12) Indebtedness incurred for the purposes of the state legislative building rehabilitation, to the extent that principal and interest payments of such indebtedness are paid from the capitol building construction account pursuant to RCW 43.99Q.140(2)(b); and
(13) Indebtedness incurred for the purposes of financing projects under section 507 of this act.
To the extent necessary because of the constitutional or statutory debt limitation, priorities with respect to the issuance or guaranteeing of bonds, notes, or other evidences of indebtedness by the state shall be determined by the state finance committee.
NEW SECTION. Sec. 514. Sections 501 through 512 of this act are each added to chapter 47.10 RCW.
PART VI - REFERENDUM
NEW SECTION. Sec. 601. (1) The secretary of state shall submit this act, except for sections 101 through 120 of this act, to the people for their
adoption and ratification, or rejection, at the next general election to be held in this state, in accordance with Article II, section 1 of the state Constitution and the laws adopted to facilitate its operation.
(2) If the people ratify this act as specified under subsection (1) of this section, revenues generated shall be spent as detailed in Senate Bill No. 6347, as enacted by the legislature.
(3) Pursuant to RCW 29.79.035, the statement of subject on the ballot title shall read: "The legislature has passed House Bill No. 2969, financing transportation improvements through transportation fees and taxes." The concise description on the ballot title shall read: "This bill would improve highway capacity, public transportation, passenger and freight rail, and transportation financing accountability through increased weight fees on trucks and large vehicles, fuel excise taxes, and sales taxes on vehicles."
NEW SECTION. Sec. 602. If this act is not ratified by the voters by November 15, 2002, this act is null and void in its entirety, including sections 101 through 120 of this act.
NEW SECTION. Sec. 603. Section 601 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
PART VII - MISCELLANEOUS
NEW SECTION. Sec. 701. 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. 702. Part headings used in this act do not constitute any part of the law.
NEW SECTION. Sec. 703. If this act is ratified by the voters as specified in section 601 of this act, this act, except sections 401, 402, and 601 of this act, takes effect January 1, 2002.
NEW SECTION. Sec. 704. This act is null and void if a transportation expenditure bill based on the revenue provided in this act does not become law by December 31, 2002.
NEW SECTION. Sec. 705. Sections 401 and 402 of this act take effect April 1, 2003."
MOTION
Senator Haugen moved that several oral amendments to the striking amendment be adopted.
Discussion as to the specific location of the amendments took place.
PARLIAMENTARY INQUIRY
Senator Jacobsen: “A point of parliamentary inquiry, Mr. President. I only have twenty years experience in both houses and I am curious, this is the first time I have seen so many oral amendments on the floor of the Senate. Is this in order?”
REPLY BY THE PRESIDENT
President Owen: “Senator Jacobsen, it is in order for a member to make an oral amendment. Customarily, for a clerical type amendment, we have accepted them orally. The President believes if an amendment gets to be somewhat complicated, a member could require that they be put on paper.”
Senator Jacobsen: “Yes, I am curious and would they be distributed in writing then and that is reasonable to request that?”
President Owen: “It is, yes.”
The staff was ordered to put the proposed oral amendments on paper.
MOTION
On motion of Senator Haugen, the following amendments to the striking amendment were considered simultaneously and were adopted:
On page 36, on line 31 of the amendment, strike "101" and insert "102"
On page 37, on line 14 of the amendment, strike "101" and insert "102"
Renumber the sections consecutively and correct any internal references accordingly.
MOTION
On motion of Senator Haugen, further consideration of Engrossed Substitute House Bill No. 2969 was deferred.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
SECOND READING
SENATE BILL NO. 6347, by Senators Haugen and Keiser (by request of Governor Locke)
Making transportation improvements
MOTIONS
On motion of Senator Haugen, Substitute Senate Bill No. 6347 was substituted for Senate Bill No. 6347 and the substitute bill was placed on second reading and read the second time.
On motion of Senator Haugen, the following striking amendment by Senator Snyder was adopted:
Strike everything after the enacting clause and insert the following:
"TRANSPORTATION INVESTMENT
NEW SECTION. Sec. 1. (1) The legislature recognizes that a good transportation system is critical in keeping Washington state's economy strong and its businesses competitive. The legislature further recognizes that badly needed investments in our state's transportation infrastructure will create jobs and help to ensure Washington's long-term economic success.
(2) The transportation investment act of 2002 is hereby adopted and, subject to the provisions set forth in this act, the several amounts hereinafter specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds hereinafter named to the designated state agencies and offices for employee compensation and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 2003.
(3) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout the act.
(a) "Fiscal year 2002" or "FY 2002" means the fiscal year ending June 30, 2002.
(b) "Fiscal year 2003" or "FY 2003" means the fiscal year ending June 30, 2003.
(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.
OPERATING--GENERAL GOVERNMENT AGENCIES
NEW SECTION. Sec. 101. FOR THE DEPARTMENT OF REVENUE
Multimodal Transportation Account--State
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 100,000
OPERATING--TRANSPORTATION AGENCIES
NEW SECTION. Sec. 201. REGIONAL TRANSPORTATION PLANNING. $3,000,000 of the motor vehicle fund--state is appropriated to the department of transportation and is provided solely for the expenses associated with the regional transportation investment district planning committee responsibilities established in Engrossed Second Substitute Senate Bill No. 6140.
NEW SECTION. Sec. 202. TRANSPORTATION EFFICIENCIES. $1,225,100 of the motor vehicle fund--state is appropriated to the department of transportation and provided solely for the department to implement the state's responsibilities as outlined in chapter 5, Laws of 2002.
NEW SECTION. Sec. 203. FOR THE DEPARTMENT OF TRANSPORTATION--PUBLIC TRANSPORTATION--PROGRAM V
Project 2001-03 Total Recommended Future Biennia
(projected cost)
Transit $19,890,000 $430,110,000
Paratransit $3,600,000 $71,400,000
Rural Mobility Grants $3,600,000 $71,400,000
Vanpool Expansion $1,910,000 $37,890,000
Commute Trip Reduction $6,000,000 $94,000,000
Park and Rides $4,000,000 $76,000,000
Appropriation:
Multimodal Transportation Account--State. . . . $ 36,000,000
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 3,000,000
Prior Biennia (Expenditures)
Multimodal Transportation Account--State. . . . $ 0
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs)
Multimodal Transportation Account--State. . . . $ 743,800,000
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 37,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 819,800,000
The appropriations provided in this section are provided solely for the following purposes and are subject to the following conditions and limitations:
(1) The department shall work cooperatively with the agency council on coordinated transportation and the Washington state transit association to establish grant application procedures and selection criteria for paratransit and rural mobility projects.
(2) The motor vehicle account--state appropriation in this section is provided solely for park and ride expansion.
(3) Transit funds in this section shall be distributed to transit systems as follows:
(a) 50% of funds shall be distributed based on service area population to C-Tran, Community Transit, Everett Transit, King County Metro Transit, Pierce Transit, and Spokane Transit Authority;
(b) 30% of funds shall be distributed based on service area population to: Ben Franklin Transit, Cowlitz Transit Authority, Intercity Transit, Kitsap Transit, Whatcom Transportation Authority, and Yakima Transit; and
(c) 20% of funds shall be distributed based on service area population to: Clallam Transit System, Garfield County, Grant Transit Authority, Grays Harbor Transportation Authority, Island Transit, Jefferson Transit Authority, Link Transit, Mason County Transportation Authority, Pacific Transit, Pullman Transit, Skagit Transit, Twin Transit, and Valley Transit.
(4) Commute trip reduction funds shall be allocated as follows: $4,000,000 shall be distributed to local governments in the form of grants; $2,000,000 shall be distributed as grants to public agencies, nonprofit organizations, developers, and property managers and as tax credits to employers' business and occupation tax, as provided in Senate Bill No. 6008. If Senate Bill No. 6008 is not enacted by the legislature by January 1, 2003, the $2,000,000 shall be distributed to local governments in the form of grants.
(5) In a county with a population over one hundred fifty thousand where a public transportation benefit area and a city both operate a public transportation system, funds may not be released until the transit systems develop an interlocal agreement to serve paratransit and special needs transit.
(6) The department shall consider the following factors when making decisions regarding the appropriations provided for park and ride lots in this section: Park and ride lots shall be distributed across the state, including islands, to meet multiple service needs and shall be used for multimodal purposes, including ferries and rail.
(7) The department shall use up to $500,000 of this appropriation to clear, expand, grade, and surface parking lots in the San Juan Islands as follows: The parking lot on Lopez Island; Lot C at Friday Harbor; and the parking lot on Orcas Island.
(8) The department shall use up to $1,500,000 of this appropriation, in cooperation with Island County, to develop park and ride facilities on Whidbey Island.
CAPITAL--HIGHWAY IMPROVEMENTS AND PRESERVATION
NEW SECTION. Sec. 301. FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I--MAJOR PROJECTS
(1) SR 018, Maple Valley to I-90 Additional Lanes - (20020011)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 2,500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 47,517,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 50,017,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$2,500,000 is provided for preconstruction.
(2) SR 090, Snoqualmie Pass East, Reconstruct and Add New Lanes - (20020025)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 15,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 85,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 100,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$15,000,000 is provided for preconstruction.
(3) SR 099, Alaskan Way Viaduct Replacement - (20020020)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 70,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 380,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 450,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$70,000,000 is provided for preconstruction.
(4) SR 167, Tacoma to Edgewood New Freeway Construction, Preliminary Engineering and Right of Way - (20020031)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 50,600,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 293,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 343,600,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$50,600,000 is provided for preconstruction.
(5) SR 395, Spokane - Hawthorne to Wandermere - (20020042)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 58,799,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 147,820,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 206,619,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$58,799,000 is provided for preconstruction.
(6) SR 405, Tukwila to Lynnwood Additional Lanes - (20020015)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 270,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 1,500,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 1,770,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$270,000,000 is provided for preconstruction.
(7) SR 509, Federal Way to Sea Tac South Access/Corridor Completion - (20020016)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 122,130,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 377,870,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 500,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$122,130,000 is provided for preconstruction.
(8) SR 520, Seattle to Bellevue - Translake - (20020021)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 38,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 62,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 100,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$38,000,000 is provided for preconstruction; and is intended to complete the environmental impact statement to the record of decision.
NEW SECTION. Sec. 302. FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I--MOBILITY AND ECONOMIC INITIATIVE IMPROVEMENT PROJECTS
(1) SR 003, Silverdale - Waaga Way Interchange Ramp - (20020022)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 5,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 5,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$5,000,000 is provided for construction.
(2) SR 004, Svensen's Curve - (20020061)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 720,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 4,280,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 5,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$720,000 is provided for preconstruction.
(3) SR 005, Chehalis to Maytown Additional Lanes and Flood Control - (20020027)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 14,600,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 70,615,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 85,215,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$14,600,000 is provided for preconstruction.
(4) SR 005, Chehalis Western Trail Overcrossing - (20020057)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 527,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 1,213,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 1,740,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$527,000 is provided for preconstruction.
(5) SR 005, I-5/Interstate Bridge - Replacement - (20020081)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 1,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 1,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$1,000,000 is provided for preconstruction.
(6) SR 005, I-5/SR 502 Interchange - (20020053)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 10,100,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 12,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 22,100,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$10,100,000 is provided for preconstruction.
(7) SR 005, Lynnwood - 196th Street Interchange - (20020034)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 2,800,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 22,200,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 25,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$2,800,000 is provided for preconstruction.
(8) SR 005, Mount Vernon - 2nd Street Bridge Replacement - (20020033)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 10,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 10,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$10,000,000 is provided for construction.
(9) SR 005, Smokey Point - 172nd Street NE (SR 531) Widening - (20020035)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 2,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 13,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 15,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$2,000,000 is provided for preconstruction.
(10) SR 005, Vancouver - Salmon Creek to I-205 Additional Lanes - (20020002)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 35,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 35,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$35,000,000 is provided for construction.
(11) SR 005, Vancouver, 134th Interchange - (20020062)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 2,400,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 37,600,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 40,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$2,400,000 is provided for preconstruction.
(12) SR 009, Clearview - 212th Street SE and 176th Street SE Additional Lanes - (20020036)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 1,900,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 15,100,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 17,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$1,900,000 is provided for preconstruction.
(13) SR 009, Corridor Improvements - (20020063)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 10,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 40,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 50,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$10,000,000 is provided for preconstruction.
(14) SR 012, Tri-Cities to Wallula Additional Lanes - (20020044)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 3,350,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 21,650,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 25,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$3,350,000 is provided for preconstruction.
(15) SR 012, Walla Walla to Wallula Pre-planning Study - (20020083)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 3,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 3,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$3,000,000 is provided for preconstruction.
(16) SR 014, Camas-Washougal Vicinity New Interchange - (20020003)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 800,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 20,200,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 21,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$800,000 is provided for preconstruction.
(17) SR 014, Maryhill Vicinity Truck-Climbing Lane - (20020008)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 125,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 1,120,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 1,245,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$125,000 is provided for preconstruction.
(18) SR 020, Burlington Vicinity - Fredonia to I-5 Additional Lanes - (20020056)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 5,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 45,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 50,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$5,000,000 is provided for preconstruction.
(19) SR 031, Metaline Falls - Pend Oreille to Canadian Border All-weather Road - (20020028)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 15,540,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 15,540,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$540,000 is provided for preconstruction; and
$15,000,000 is provided for construction.
(20) SR 090, Columbia Basin Vicinity - Truck Climbing Lanes - (20020026)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 15,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 15,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$15,000,000 is provided for construction.
(21) SR 090, Moses Lake Vicinity Bridge Replacement - (20020007)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 300,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 4,700,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 5,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$300,000 is provided for preconstruction.
(22) SR 090, Spokane - Argonne to Sullivan Road - (20020064)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 35,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 35,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$35,000,000 is provided for construction.
(23) SR 096, SR 96/Seattle Hill Road to SR 9 - (20020072)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 11,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 11,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$11,000,000 is provided for construction.
(24) SR 099, Shoreline Aurora Ave North Corridor - (20020065)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 10,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 10,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$10,000,000 is provided for construction.
(25) SR 101, Blyn/Gardiner Vicinity - Truck/Passing Lanes - (20020058)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 3,030,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 3,030,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$120,000 is provided for preconstruction; and
$2,910,000 is provided for construction.
(26) West Olympia Access Study - (2002094)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 500,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$500,000 is provided for preconstruction.
(27) SR 161, Puyallup to Fife Additional Lanes - (20020030)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 980,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 44,020,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 45,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$980,000 is provided for preconstruction.
(28) SR 167, Corridor Study - (20020085)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 8,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 8,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$8,000,000 is provided for preconstruction.
(29) SR 205, I-205/SR 14 to 83rd St - Widening - (20020054)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 5,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 41,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 46,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$5,000,000 is provided for preconstruction.
(30) SR 205, Vancouver - Mill Plain Exit (112th Connector) - (20020090)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 2,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 10,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 12,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$2,000,000 is provided for preconstruction.
(31) SR 240, Tri-Cities Additional Lanes - (20020001)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 5,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 40,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 45,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$5,000,000 is provided for preconstruction.
(32) SR 241, North Sunnyside Reconstruction - (20020051)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 470,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 8,410,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 8,880,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$470,000 is provided for preconstruction.
(33) SR 270, Pullman to Idaho State Line Additional Lanes - (20020048)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 3,661,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 21,339,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 25,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$3,661,000 is provided for preconstruction.
(34) SR 304, Bremerton SR 3 to Bremerton Ferry Terminal Additional Lanes - (20020023)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 11,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 11,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$11,000,000 is provided for construction.
(35) SR 504, Toll Road Study - Mount Saint Helens - (20020086)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 350,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 350,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$350,000 is provided for preconstruction.
(36) SR 519, South Seattle Intermodal Access, Interchange Improvements and Additional Lanes - (20020017)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 1,100,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 39,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 40,100,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$1,100,000 is provided for preconstruction.
(37) SR 520, Redmond - W Lake Sammamish Parkway to SR 202 Additional Lanes - (20020018)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 4,800,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 65,200,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 70,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$4,800,000 is provided for preconstruction.
(38) SR 522, Woodinville - Paradise Lake Road to Snohomish River - (20020038)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 24,095,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 15,905,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 40,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$295,000 is provided for preconstruction; and
$23,800,000 is provided for construction.
(39) SR 524, Lynnwood - 24th Avenue SW to SR 527 Additional Lanes - (20020039)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 16,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 16,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$150,000 is provided for preconstruction; and
$15,850,000 is provided for construction.
(40) SR 531, SR 531/43rd Ave NE to 67th Ave NE - (20020075)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 6,890,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 6,890,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$6,890,000 is provided for preconstruction.
(41) SR 539, Bellingham - Laurel to SR 9 via Badger Road - (20020046)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 10,500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 52,650,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 63,150,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$10,500,000 is provided for preconstruction.
(42) SR 542, SR 542/Orleans to Britton Rd - Widening - (20020076)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 4,724,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 4,724,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$1,700,000 is provided for preconstruction; and
$3,024,000 is provided for construction.
(43) SR 542, Sunset Drive Street Improvements - (20020089) Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 2,800,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 2,800,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$2,800,000 is provided for construction.
(44) SR 543, Blaine - I-5 to Canadian Border Additional Lanes for Freight - (20020047)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 17,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 17,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$600,000 is provided for preconstruction; and
$16,400,000 is provided for construction.
(45) SR 605, Toll Road - King County Bypass Study - (20020084)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 350,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 350,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$350,000 is provided for preconstruction.
The appropriation in this subsection is provided solely for the middle Washington corridor study. The department of transportation, in consultation with local officials and residents of the area, shall conduct a study to determine the feasibility of creating a new north-south corridor as an alternative to state route 5 and state route 405, which would run from approximately the Canadian border in the northern portion of the state to approximately Lewis county in the southern portion of the state. The department shall report to the legislature, no later than December 31, 2002, on the feasibility of financing and constructing such a corridor.
(46) SR 900, Issaquah - SE 78th Street to Issaquah Additional Lanes - (20020019)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 1,200,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 13,400,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 14,600,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$1,200,000 is provided for preconstruction.
NEW SECTION. Sec. 303. FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I--HOV PROJECTS
(1) SR 005, Everett - SR 526 to US 2 HOV Lanes - (20020055)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 8,300,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 221,700,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 230,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$8,300,000 is provided for preconstruction.
(2) SR 005, Pierce County Line to Tukwila HOV - (20020009)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 3,191,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 66,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 69,191,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$3,191,000 is provided for preconstruction.
(3) SR 005, SR 16 - Tacoma/Pierce County HOV (Narrows Bridge) - (20020029)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 110,314,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 246,686,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 357,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$7,740,000 is provided for preconstruction; and
$102,574,000 is provided for construction.
(4) SR 167, Auburn - 15th Street SW to 15th Street NW HOV - (20020012)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 20,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 17,240,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 37,240,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$50,000 is provided for preconstruction; and
$19,950,000 is provided for construction.
NEW SECTION. Sec. 304. FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I--SAFETY IMPROVEMENT PROJECTS
(1) SR 012, Yakima Vicinity - Old Naches Hwy Interchange - (20020049)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 640,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 34,400,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 35,040,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$640,000 is provided for preconstruction.
(2) SR 007, SR 7/SR 507 to SR 512 - Safety - (20020077)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 9,504,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 9,504,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$9,504,000 is provided for preconstruction.
(3) SR 500, Vancouver - New Interchanges and Additional Lanes - (20020004)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 24,300,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 24,300,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$1,300,000 is provided for preconstruction; and
$23,000,000 is provided for construction.
(4) Safety Improvement Projects - (20020902)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 28,001,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 5,077,160
TOTAL. . .. . . . . . . . . . . . . . . . .$ 33,078,160
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
The department shall develop a list of projects that reflect 125% of the funds appropriated in this subsection and submit the list to the office of financial management. The list shall include the following projects:
(a) US 101/Corriea Road Vicinity to Zaccardo Road;
(b) SR 104/Jct SR 19 Intersection Safety;
(c) SR 112/Hoko-Ozette Road - Safety;
(d) SR 161/SR 167 Eastbound Ramp - Safety;
(e) SR 22/I-82 to McDonald Road;
(f) SR 201 Deception Pass and Canoe Pass Bridges;
(g) SR 160, SR 160/SR 16 to Long Lake Vicinity; and
(h) SR 161, 128th to 176th - Safety.
Expenditures may not occur until approved by the office of financial management and may only occur for those projects on the list.
NEW SECTION. Sec. 305. FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I--ENVIRONMENTAL RETROFIT IMPROVEMENT PROJECTS
(1) SR 005, I-5/SR 520 Interchange Vicinity - (20020070)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 386,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 3,220,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 3,606,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
$386,000 is provided for preconstruction.
(2) SR 106, Skobob Creek - (20020010)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 1,250,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 1,250,000
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for reconstruction of a bridge at Skobob Creek on highway 106 in Mason county and shall be matched by funds provided by the Hood Canal salmon enhancement group. The project is subject to review and approval by the department, but the Hood Canal salmon enhancement group shall manage the project.
(3) Noise Wall Projects - (20020095)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 1,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 9,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 10,000,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
The department shall develop a list of projects that reflect 125% of the funds appropriated in this subsection and submit the list to the office of financial management. Expenditures may not occur until approved by the office of financial management and may only occur for those projects on the list.
(4) Environmental Retrofit Projects – (20020903)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 10,320,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 1,077,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 11,397,000
The appropriation provided in this subsection is subject to the following conditions and limitations and section 804 of this act:
The department shall develop a list of projects that reflect 125% of the funds appropriated in this subsection and submit the list to the office of financial management. Expenditures may not occur until approved by the office of financial management and may only occur for those projects on the list.
NEW SECTION. Sec. 306. FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION--PROGRAM P
SR 101, Purdy Creek Bridge Replacement - (20020091)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 6,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 6,000,000
(1) The appropriation provided in this section is provided solely for a by-pass or replacement of Purdy Creek Bridge on SR 101, which may include up to 1,100 feet of elevated roadway.
(2) The appropriation provided in this section is subject to the following conditions and limitations and section 804 of this act:
$2,400,000 is provided for preconstruction; and
$3,600,000 is provided for construction.
NEW SECTION. Sec. 307. FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM Z--LOCAL PROJECTS
SR 000, I-5 to SR 7 Cross Base Highway - (20020067)
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 1,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 1,000,000
The appropriation provided in this section is subject to section 804 of this act.
NEW SECTION. Sec. 308. The motor vehicle account--state appropriations for projects contained in sections 301 through 307 of this act, include $156,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The secretary of transportation may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
CAPITAL--WASHINGTON STATE FERRIES CONSTRUCTION
NEW SECTION. Sec. 401. FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Four Replacement Auto/Passenger Ferries - Design and Construction
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 4,128,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 317,761,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 321,889,000
The appropriation in this section is provided solely for the department to initiate the process for the procurement of four new auto passenger ferries to replace the steel electric ferries. The department shall use the modified request for proposals design and build partnership process contained in RCW 47.60.810 through 47.60.822. The appropriation referenced in this subsection constitutes legislative authority to proceed with the procurement process under RCW 47.60.814.
NEW SECTION. Sec. 402. FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Anacortes Multimodal Terminal - Design
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 518,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 118,402,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 118,920,000
NEW SECTION. Sec. 403. FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Mukilteo Multimodal Terminal - Design
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 1,810,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 105,943,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 107,753,000
NEW SECTION. Sec. 404. FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Edmonds Multimodal Terminal - Design
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 2,200,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 2,200,000
NEW SECTION. Sec. 405. FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Passenger-Only Vessel and Terminal Projects - Design and Construction
Appropriation:
Multimodal Transportation Account--State. . . . $ 5,716,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 45,541,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 51,257,000
The appropriation in this section is provided for the acquisition of passenger-only vessels and the costs associated with the design and construction of passenger-only terminal facilities necessary to begin passenger-only ferry service on the Seattle/Kingston route by September 2003 and the Seattle/Southworth route by September 2007.
NEW SECTION. Sec. 406. FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Catch-up Preservation for Terminals and Vessels
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 11,690,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 88,548,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 100,238,000
NEW SECTION. Sec. 407. FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Seattle Pier 48 Acquisition/Relocation - Right of Way
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 7,075,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 1,860,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 8,935,000
NEW SECTION. Sec. 408. The motor vehicle--state appropriations for projects contained in sections 401 through 407 of this act, include $4,128,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The secretary of transportation may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
CAPITAL--RAIL CONSTRUCTION
NEW SECTION. Sec. 501. FOR THE DEPARTMENT OF TRANSPORTATION--RAIL--PROGRAM Y--CAPITAL
Passenger Rail Capital Improvements - Design, Right of Way, and Construction
Appropriation:
Multimodal Transportation Account--State. . . . $ 18,487,000
Multimodal Transportation Account--Federal. . $ 42,056,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 791,451,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 851,994,000
The appropriation in this section is provided for programs including, but not limited to the Vancouver rail project, high-speed upgrades in King, Snohomish, and Whatcom counties, and capacity improvements between Seattle and Everett.
$9,200,000 from the multimodal transportation account--state is provided solely for capacity improvements between Seattle and Everett; however, should federal funding for this project be granted, the department shall use any portion of the $9,200,000 not needed for state match purposes for other passenger rail high speed track improvements.
NEW SECTION. Sec. 502. FOR THE DEPARTMENT OF TRANSPORTATION--RAIL--PROGRAM Y--CAPITAL
Freight Rail Assistance Program - Design, Right of Way, and Construction
Appropriation:
Multimodal Transportation Account--State. . . . $ 9,500,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 85,140,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 94,640,000
The appropriation in this section is provided for the design, right of way, and construction costs for the freight rail assistance program including but not limited to the following projects: Grays Harbor County saw mill spur; lumber spur to tribal sawmill in Yakima County; Yakima County improvements; Cascade and Columbia River upgrade; various 286,000 pound upgrade projects; and City of Yelm railroad.
NEW SECTION. Sec. 503. FOR THE DEPARTMENT OF TRANSPORTATION--RAIL--PROGRAM Y--CAPITAL
Washington Fruit Express - Design, Right of Way, and Construction
Appropriation:
Multimodal Transportation Account--State. . . . $ 700,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 1,600,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 2,300,000
The appropriation in this section is provided for the construction of truck to rail loading docks in Skagit County.
CAPITAL--LOCAL PROGRAMS
NEW SECTION. Sec. 601. FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z--CAPITAL
School Safety Enhancements
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 1,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 14,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 15,000,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity: The department shall only obligate funds or enter into contracts for projects to the extent a motor vehicle account appropriation is provided in this section.
NEW SECTION. Sec. 602. FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z--CAPITAL
Main Street Pavement Program
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 2,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 23,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 25,000,000
The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The department shall only obligate funds or enter into contracts for projects to the extent a motor vehicle account appropriation is provided in this section.
(2) The department shall develop a main street paving program. The program shall utilize a pavement maintenance system with a goal of maintaining streets between PCR ratings of 60 and 100, or an equivalent measure, in cities under 10,000 in total population.
(3) It is the intent of the legislature that the main street paving program remain an ongoing program.
NEW SECTION. Sec. 603. FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z--CAPITAL
Community Economic Revitalization (CERB) - Rural Economic Vitality
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 2,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 28,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 30,000,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The department shall only obligate funds or enter into contract for projects to the extent a motor vehicle account appropriation is provided in this section.
(2) The appropriation in this section is provided solely for grants for transportation capital investments that benefit economic development in rural areas. Grant program criteria shall be the same as the 1999-2000 rural economic vitality program except, grants must not be made to cities with a population of more than 10,000.
NEW SECTION. Sec. 604. FOR THE TRANSPORTATION IMPROVEMENT BOARD--CAPITAL
County Corridor Congestion Relief
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 5,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 50,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 55,000,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The board shall only obligate funds or enter into contracts for projects to the extent a motor vehicle account appropriation is provided in this section.
(2) The board shall consult with the highways and local programs service center at the department of transportation and the Washington state association of counties to create a county corridor congestion relief program. For the purposes of this program, a corridor is an existing or proposed set of county designated arterial roadways that provides continuous primary connectivity between major transportation facilities or destinations. Eligible projects include roadway widening, channelization, signalization, HOV lanes, and intelligent transportation systems.
(3) It is the intent of the legislature that the county corridor program remain an ongoing program.
NEW SECTION. Sec. 605. FOR THE TRANSPORTATION IMPROVEMENT BOARD--CAPITAL
City Corridor Congestion Relief
Appropriation:
Motor Vehicle Account--State. . . . . . . . . . . . . .$ 5,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 50,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 55,000,000
The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The board shall only obligate funds or enter into contracts for projects to the extent a motor vehicle account appropriation is provided in this section.
(2) The board shall consult with the highways and local programs service center at the department of transportation to create a city corridor congestion relief program. The program shall provide funding for congested urban corridors, as defined and selected by the transportation improvement board in consultation with the association of Washington cities. Eligible projects include roadway widening, channelization, signalization, HOV lanes, and intelligent transportation systems. The agency shall require an appropriate matching component for city corridor grants. Cities shall use motor fuel tax revenue distributed to cities and towns in RCW 46.68.090 to meet the agency match criteria.
(3) It is the intent of the legislature that the city corridor program remains an ongoing program.
NEW SECTION. Sec. 606. FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z--CAPITAL
Freight Mobility Strategic Investment Board
Appropriation:
Freight Mobility Account--State. . . . .. . . . . . . .$ 8,400,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . .$ 107,600,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 116,000,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The department and freight mobility strategic investment board shall only obligate funds or enter into contract for projects to the extent a freight mobility account--state appropriation is provided in this section.
(2) The freight mobility account--state appropriation in this section is provided for the following local freight projects as identified by the freight mobility strategic investment board:
East Marginal Way Ramps
Lincoln Ave. Grade Separation
41st St/Riverfront Parkway (Phase 2)
South Spokane St. Viaduct
Shaw Rd. Extension
SR 397 Ainsworth Ave. Grade Crossing
D St. Grade Separation
North Canyon Rd. Exten./BNSF Overcrossing
Columbia Center Blvd. Railroad Crossing
Colville Alternate Truck Route
SR 125/SR 12 Interconnect (Myra Rd. Exten.)
Edison St. Railroad Crossing
Washington St. Railroad Crossing
E. Marine View Drive Widening
Port of Kennewick Road (Exten. of Piert Rd.)
S 228th Street Extension & Grade Separation
City of Yakima Grade Separated Rail Crossing
Duwamish Intelligent Transportation Systems (ITS)
Lander Street Overcrossing
Grain Terminal Track Improvements
Park Road BNSF Grade Separation Project
(3) The freight mobility account--state appropriation of $8,400,000 includes $8,400,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
(4) Funds from the appropriation in this section may only be expended with authorization from the freight mobility strategic investment board.
TRANSFERS AND DISTRIBUTIONS
NEW SECTION. Sec. 701. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE FUND AND TRANSPORTATION FUND REVENUE
Highway Bond Retirement Account Appropriation. . . . .$ 8,195,000
Motor Vehicle Account--State Appropriation. . . . . . . . .$ 1,750,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 9,945,000
NEW SECTION. Sec. 702. FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES
Motor Vehicle Account--State Appropriation. . . . . . . . .$ 340,000
NEW SECTION. Sec. 703. FOR THE STATE TREASURER--STATE REVENUES FOR DISTRIBUTION
Motor Vehicle Account--State Appropriation
for revenue distribution to the cities. .. . . . . . . .$ 5,843,000
Motor Vehicle Account--State Appropriation
for distribution to the counties. . . . . . . . . . . . . .$ 5,843,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 11,686,000
The distributions in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:
(1) The motor vehicle account--state appropriation to cities is to be distributed consistent with RCW 46.68.110 (4) and (5). Deductions shall not be made for supervision, studies, or the city hardship assistance program.
(2) The distribution to counties shall be distributed in a manner consistent with RCW 46.68.122. Deductions shall not be made for supervision, studies, or the city hardship assistance program.
(3) The amounts provided in this section may not be used to supplant any existing local government funding for transportation projects or programs. Any local government in violation of this requirement shall immediately forfeit its eligibility for future distributions provided under this section.
NEW SECTION. Sec. 704. FOR THE STATE TREASURER--TRANSFERS
Motor Vehicle Account--State Appropriation
for transfer to the freight mobility
account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 8,400,000
MISCELLANEOUS
NEW SECTION. Sec. 801. (1) Agencies shall expedite the expenditure of appropriations in order to: (a) Make transportation improvements and rehabilitate transportation infrastructure resources; (b) accelerate transportation related environmental rehabilitation and restoration projects for the improvement of the state's natural environment; (c) reduce additional costs associated with acquisition and construction inflationary pressures; and (d) provide additional employment opportunities associated with transportation capital expenditures.
(2) In order to meet the goals of this section, to the extent feasible, agencies are directed to accelerate expenditures and may use contracted design and construction services wherever necessary to meet the goals of this section.
NEW SECTION. Sec. 802. To the extent practicable, all state, county, city, local, or municipal projects paid for in whole or in part with funds appropriated in this act shall consider pavement life-cycle costs in determining pavement types.
NEW SECTION. Sec. 803. The amounts shown under the headings "Prior Biennia," "Future Biennia," and "Total" in this act are for informational purposes only and do not constitute legislative approval of these amounts. The amounts shown under the heading "Future Biennia" are advisory only and reflect the current best available estimates of project costs and may include but are not limited to the following funding sources: State, local, regional, federal, or private funds.
NEW SECTION. Sec. 804. The governor, through the office of financial management, may authorize a transfer of appropriation authority provided for a capital project that is in excess of the amount required for the completion of such project to another capital project for which the appropriation is insufficient. No such transfer may be used to expand or limit the scope of the project beyond that intended by the legislature in making the appropriation. Such transfers may be effected only between capital appropriations to a specific department or agency and only between capital projects that are funded from the same fund or account. No transfers may occur between projects to local government agencies except where the grants are provided within a single omnibus appropriation and where such transfers are specifically authorized by the implementing statutes which govern the grants.
For purposes of this section, the governor may find that an amount is in excess of the amount required for the completion of a project only if: (1) The project defined in the notes to the budget document is substantially complete and there are funds remaining; (2) bids have been let on a project and it appears to a substantial certainty that the project as defined in the notes to the budget document can be completed within the biennium for less than the amount appropriated in this act; or (3) the secretary of transportation determines that the allocation for the preconstruction phase of the project is in excess of the amount necessary to reach the construction or request for proposal phase.
For the purposes of this section, the legislature intends that each project be defined as proposed to the legislature in the governor's budget document, unless it clearly appears from the legislative history that the legislature intended to define the scope of a project in a different way.
A report of any transfer effected under this section, except emergency projects or any transfer under $250,000, shall be filed with the legislative transportation committees of the senate and the house of representatives by the office of financial management at least thirty days before the date the transfer is effected. The office of financial management shall report all emergency or smaller transfers within thirty days from the date of transfer.
NEW SECTION. Sec. 805. Upon completion of the Vancouver high-occupancy vehicle lanes pilot project that began on October 28, 2001, and concludes October 28, 2002, the department of transportation may only proceed with future high-occupancy vehicle lane projects in counties with a population of 300,000 or more that border the state of Oregon, when vehicle spaces at park and ride lots within the county are two and one-half times the capacity in existence on January 1, 2002, or if the Interstate 5 bridge over the Columbia River is retrofitted to include four southbound general purpose lanes.
NEW SECTION. Sec. 806. All of the projects for which money is appropriated in sections 301 through 307 of this act are eligible for the permit processes enumerated under chapter 47.06C RCW and developed by the transportation permit efficiency and accountability committee. To the extent practicable, work on these projects shall utilize the processes enumerated under chapter 47.06C RCW and developed by the transportation permit efficiency and accountability committee.
NEW SECTION. Sec. 807. Unless otherwise specified, the appropriations for highway capacity expansion in sections 301 through 307 of this act are provided solely for general purpose highway lanes.
NEW SECTION. Sec. 808.
Motor Vehicle Account--State Appropriation. . . . . . . . .$ 47,392
The appropriation in this section is subject to the following conditions and limitations: The department of agriculture shall make an adhesive label explaining that Washington state gas taxes are for highway purposes only. The label must be in a large, easily readable font and shall read "Washington state gas taxes are used exclusively for highway purposes." The label should be chemical and weather resistant and shall be placed in a conspicuous location at motor fuel retailers as defined in RCW 19.120.010, by December 31, 2002.
NEW SECTION. Sec. 809. A new section is added to chapter 47.05 RCW to read as follows:
This chapter does not apply to the 2001-03 transportation budget appropriating new transportation revenue.
NEW SECTION. Sec. 810. A new section is added to chapter 47.08 RCW to read as follows:
This chapter does not apply to the 2001-03 transportation budget appropriating new transportation revenue.
NEW SECTION. Sec. 811. 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. 812. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately, only if Engrossed Substitute House Bill No. 2969 becomes law.
MOTIONS
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 1 of the title, after "appropriations;" strike the remainder of the title and insert "adding a new section to chapter 47.05 RCW; adding a
new section to chapter 47.08 RCW; creating new sections; making appropriations; authorizing expenditures for capital improvements; and declaring an emergency."
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 6347 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. 6347.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6347 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Haugen, Hewitt, Horn, Jacobsen, Johnson, Kastama, Keiser, Kohl-Welles, Long, McAuliffe, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 43.
Voting nay: Senators Hargrove, Hochstatter, Honeyford, Kline and Roach - 5.
Excused: Senator McCaslin - 1.
ENGROSSED SUBSTITUTE SENATE BILL NO. 6347, 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 Betti Sheldon, Engrossed Substitute Senate Bill No. 6347 was ordered to be immediately transmitted to the House of Representatives.
MOTION
On motion of Senator Honeyford, Senator Deccio was excused.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
There being no objection, the Senate resumed consideration of Engrossed Substitute House Bill No. 2969, deferred earlier today.
MOTION
On motion of Senator Haugen, the following amendments to the striking amendment were considered simultaneously and adopted.
On page 12, line 27, strike "2002" and insert "2003"
On page 12, line 32, strike "2003" and insert "2004"
On page 17, line 4, strike "2002" and insert " 2003"
On page 17, line 7, strike "2003" and insert "2004"
On page 17, line 17, strike "2002" and insert "2003"
On page 17, line 21, strike "2003" and insert "2004"
On page 37, line 28, strike "January 1, 2002" and insert "December 30, 2002"
Renumber the sections consecutively and correct any internal references accordingly.
The President declared the question before the Senate to be the adoption of the striking amendment, as amended, to Engrossed Substitute House 2969.
The motion by Senator Haugen carried and the striking amendment, as amended, was adopted.
MOTIONS
On motion of Senator Haugen, the following title amendment was adopted:
On page 1, line 1 of the title, after "financing;" strike the remainder of the title and insert "amending RCW 44.40.010, 44.40.013, 44.40.015, 44.40.020, 44.40.025, 44.40.030, 44.40.040, 44.40.070, 44.40.090, 44.40.100, 44.40.140, 44.40.150, 46.16.070, 46.68.035, 82.38.030, 82.38.035, 82.38.045, 82.38.047, 82.38.075, 46.09.170, 46.10.170, 79A.25.070, 82.08.020, 82.12.020, 82.12.045, and 39.42.060; reenacting and amending RCW 43.84.092, 82.36.025, 46.68.090, and 46.68.110; adding new sections to chapter 44.40 RCW; adding a new section to chapter 46.04 RCW; adding a new section to chapter 46.68 RCW; adding a new section to chapter 47.26 RCW; adding a new section to chapter 43.135 RCW; adding a new section to chapter 82.32 RCW; adding new sections to chapter 47.10 RCW; creating new sections; providing effective dates; providing a contingent effective date; providing for submission of certain sections of this act to a vote of the people; and declaring an emergency."
On motion of Senator Haugen, the rules were suspended, Engrossed Substitute House Bill No. 2969, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
PARLIAMENTARY INQUIRY
Senator Benton: “A parliamentary inquiry, Mr. President. This bill now includes a referendum clause sending it to the voters for their approval. Is that correct?”
REPLY BY THE PRESIDENT
President Owen: “Your question should be directed to Senator Haugen. Senator Haugen do you yield?”
Senator Haugen: “I do yield to the question. Yes, it does. It sends it to the ballot in November.”
PARLIAMENTARY INQUIRY
Senator Benton: “Another parliamentary inquiry, Mr. President. With the referendum clause on a bill, it does not go to the Governor’s desk. Is that correct that it goes directly to the people?”
REPLY BY THE PRESIDENT
President Owen: “Senator Benton, the President believes that you are correct that with a referendum clause, it would not go to the Governor. However, that does not rule out that there are other sections of the bill or something that might allow that to go to the Governor for his review. That question is not one that is normally answered by the President.”
Senator Benton: “Thank you, Mr. President. I urge the chamber to support this bill and send it over to the House.”
Further 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. 2969, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2969, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 30; Nays, 17; Absent, 0; Excused, 2.
Voting yea: Senators Benton, Brown, Costa, Eide, Fairley, Finkbeiner, Fraser, Gardner, Hale, Haugen, Hewitt, Horn, Johnson, Kastama, Keiser, Long, McAuliffe, McDonald, Oke, Parlette, Prentice, Rasmussen, Regala, Rossi, Shin, Snyder, Swecker, West, Winsley and Zarelli - 30.
Voting nay: Senators Carlson, Franklin, Hargrove, Hochstatter, Honeyford, Jacobsen, Kline, Kohl-Welles, Morton, Poulsen, Roach, Sheahan, Sheldon, B., Sheldon, T., Spanel, Stevens and Thibaudeau - 17.
Excused: Senators Deccio and McCaslin - 2.
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2969, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Betti Sheldon, Substitute House Bill No. 2969, as amended by the Senate, was ordered to be immediately transmitted to the House of Representatives.
PARLIAMENTARY INQUIRY
Senator Snyder: “A parliamentary inquiry, Mr. President. What time do you have on the official time clock?”
REPLY BY THE PRESIDENT
President Owen: “11:55 and 22 seconds, 23 seconds.”
MESSAGES FROM THE HOUSE
March 14, 2002
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2451.
CYNTHIA ZEHNDER, Chief Clerk
March 14, 2002
MR PRESIDENT:
The House concurred in the Senate amendment(s) to the following bills:
SECOND SUBSTITUTE HOUSE BILL NO. 2697,
SUBSTITUTE HOUSE BILL NO. 2807.
CYNTHIA ZEHNDER, Chief Clerk
March 14, 2002
MR. PRESIDENT:
The Speaker has signed HOUSE BILL NO. 2846, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 14, 2002
MR. PRESIDENT:
The House has passed:
SECOND SUBSTITUTE SENATE BILL NO. 5965,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6008, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 14, 2002
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE SENATE BILL NO. 5097,
SUBSTITUTE SENATE BILL NO. 6396,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6560,
SENATE BILL NO. 6818,
SENATE BILL NO. 6835, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
HOUSE BILL NO. 2846.
SIGNED BY THE PRESIDENT
The President signed:
SECOND SUBSTITUTE SENATE BILL NO. 5965,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6008.
MESSAGES FROM THE HOUSE
March 14, 2002
MR. PRESIDENT:
The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4428, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 14, 2002
MR. PRESIDENT:
The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4429, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 14, 2002
MR. PRESIDENT:
The House has adopted HOUSE CONCURRENT RESOLUTION NO. 4430, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the fifth order of business.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
HCR 4428 By Representative Kessler and Mastin
Returning documents to house of origin.
HCR 4429 By Representative Kessler and Mastin
Notifying the governor of adjournment sine die.
HCR 4429 By Representative Kessler and Mastin
Adjourning sine die.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, House Concurrent Resolution No. 4428, House Concurrent Resolution No. 4429, and House Concurrent Resolution No. 4430 were advanced to second reading and placed on the second reading calendar.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the sixth order of business.
SECOND READING
HOUSE CONCURRENT RESOLUTION NO. 4428, by Representatives Kessler and Mastin.
Returning documents to house of origin.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, House Concurrent Resolution No. 4428 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage and adopted.
HOUSE CONCURRENT RESOLUTION NO. 4428 was adopted by voice vote.
SECOND READING
HOUSE CONCURRENT RESOLUTION NO. 4429 by Representatives Kessler and Mastin.
Notifying the governor of adjournment sine die.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, House Concurrent Resolution No. 4429 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage and adopted.
HOUSE CONCURRENT RESOLUTION NO. 4429 as adopted by voice vote.
SECOND READING
HOUSE CONCURRENT RESOLUTION NO. 4430, by Representatives Kessler and Mastin.
Adjourning sine die.
The concurrent resolution was read the second time.
MOTION
On motion of Senator Betti Sheldon, the rules were suspended, House Concurrent Resolution No. 4430 was advanced to third reading, the second reading considered the third and the concurrent resolution was placed on final passage and adopted.
HOUSE CONCURRENT RESOLUTION NO. 4430 as adopted by voice vote.
APPOINTMENT OF SPECIAL COMMITTEE TO NOTIFY
THE GOVERNOR OF ADJOURNMENT SINE DIE
Under the provisions of House Concurrent Resolution No. 4429, the President appointed Senators Keiser and Zarelli to join a like committee from the House of Representatives to notify the Governor that the Legislature is about to adjourn Sine Die.
MOTION
On motion of Senator Betti Sheldon, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Betti Sheldon, the following resolution was adopted:
SENATE RESOLUTION 8793
By Senators Snyder and West
WHEREAS, The 2002 Regular Session of the Fifty-seventh Legislature is drawing to a close; and
WHEREAS, It is necessary to provide for the completion of the work of the Senate after its adjournment and during the interim period between the close of the 2002 Regular Session of the Fifty-seventh Legislature and the convening of the next regular session;
NOW, THEREFORE, BE IT RESOLVED, That the Senate Facilities and Operations Committee shall have full authority and direction over the authorization and execution of any personal services contracts or subcontracts that necessitate the expenditure of Senate appropriations; and
BE IT FURTHER RESOLVED, That the Senate Facilities and Operations Committee may, as they deem appropriate, authorize out-of-state travel for which members and staff may receive therefor their actual necessary expenses, and such per diem as may be authorized by law, to be paid upon receipt of their vouchers out of funds appropriated for legislative expenses; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate and the Senate Facilities and Operations Committee be, and they hereby are, authorized to retain such employees as they may deem necessary and that said employees be allowed such rate of pay therefor as the Secretary of the Senate and the Senate Facilities and Operations Committee shall deem proper; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate be, and he hereby is, authorized and directed to make out and execute the necessary vouchers upon which warrants for
legislative expenses and expenditures shall be drawn from funds provided therefor; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate and the Facilities and Operations Committee be, and they hereby are, authorized to approve written requests by standing committees to meet during the interim period; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate be, and hereby is, authorized and directed to have printed a copy of the Senate Journals of the 2002 Regular Session of the Fifty-seventh Legislature; and
BE IT FURTHER RESOLVED, That the Rules Committee is authorized to assign subject
matters to standing committees for study during the interims, and the Majority Leader is authorized to create special committees as may be necessary to carry out the functions of the Senate in an orderly manner and appoint members thereto with the approval of the Facilities and Operations Committee; and
BE IT FURTHER RESOLVED, That the Secretary of the Senate is authorized to express the sympathy of the Senate by sending flowers or memorials in the event of a bereavement in the legislative “family”; and
BE IT FURTHER RESOLVED, That such use of the Senate facilities is permitted upon such terms as the Secretary of the Senate shall deem proper.
MOTION
On motion of Senator Betti Sheldon, the Senate returned to the fourth order of business.
MESSAGES FROM THE HOUSE
March 14, 2002
MR. PRESIDENT:
The Speaker has signed:
SECOND SUBSTITUTE HOUSE BILL NO. 2697,
SUBSTITUTE HOUSE BILL NO. 2807, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 14, 2002
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2451,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2969, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 14, 2002
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 6347, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 14, 2002
MR. PRESIDENT:
The Speaker has signed:
SECOND ENGROSSED SENATE BILL NO. 5965,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6008, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 6347.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2451,
SECOND SUBSTITUTE HOUSE BILL NO. 2697,
SUBSTITUTE HOUSE BILL NO. 2807.
ENGROSSED HOUSE BILL NO. 2969.
REPORT OF SPECIAL COMMITTEE APPOINTED TO NOTIFY
THE GOVERNOR OF ADJOURNMENT SINE DIE
The Sergeant at Arms announced the arrival of the special committee, composed of Senators Keiser and Zarelli, who were appointed under the provisions of House Concurrent Resolution No. 4429. The committee reported they joined a like committee from the House of Representatives and notified the Governor that the Legislature is about to adjourn SINE DIE.
The report was received and the committee was discharged.
MOTION
Under the provisions of House Concurrent Resolution No. 4428, on motion of Senator Betti Sheldon, the following House Bills were returned to the House of Representatives:
SECOND SUBSTITUTE HOUSE BILL NO. 1011,
SECOND SUBSTITUTE HOUSE BILL NO. 1157,
HOUSE BILL NO. 1179,
SUBSTITUTE HOUSE BILL NO. 1277,
HOUSE BILL NO. 1279,
HOUSE BILL NO. 1324,
HOUSE BILL NO. 1433,
HOUSE BILL NO. 1454,
SUBSTITUTE HOUSE BILL NO. 1469,
THIRD SUBSTITUTE HOUSE BILL NO. 1517,
HOUSE BILL NO. 1612,
SUBSTITUTE HOUSE BILL NO. 1640,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1663,
SECOND SUBSTITUTE HOUSE BILL NO. 1849,
HOUSE BILL NO. 1852,
HOUSE BILL NO. 2170,
SECOND SUBSTITUTE HOUSE BILL NO. 2190,
SUBSTITUTE HOUSE BILL NO. 2294,
HOUSE BILL NO. 2295,
SUBSTITUTE HOUSE BILL NO. 2296,
HOUSE BILL NO. 2297,
HOUSE BILL NO. 2310,
ENGROSSED HOUSE BILL NO. 2319,
HOUSE BILL NO. 2321,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2324,
ENGROSSED HOUSE BILL NO. 2328,
HOUSE BILL NO. 2329,
SUBSTITUTE HOUSE BILL NO. 2337,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2341,
HOUSE BILL NO. 2350,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2353,
HOUSE BILL NO. 2354,
SUBSTITUTE HOUSE BILL NO. 2355,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2356,
SUBSTITUTE HOUSE BILL NO. 2360,
HOUSE BILL NO. 2362,
SUBSTITUTE HOUSE BILL NO. 2364,
HOUSE BILL NO. 2375,
SUBSTITUTE HOUSE BILL NO. 2378,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2385,
SUBSTITUTE HOUSE BILL NO. 2389,
HOUSE BILL NO. 2391,
HOUSE BILL NO. 2392,
HOUSE BILL NO. 2394,
SUBSTITUTE HOUSE BILL NO. 2395,
HOUSE BILL NO. 2404,
SUBSTITUTE HOUSE BILL NO. 2406,
HOUSE BILL NO. 2410,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2411,
SUBSTITUTE HOUSE BILL NO. 2412,
SUBSTITUTE HOUSE BILL NO. 2416,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2419,
HOUSE BILL NO. 2436,
ENGROSSED HOUSE BILL NO. 2440,
HOUSE BILL NO. 2448,
HOUSE BILL NO. 2454,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2473,
SUBSTITUTE HOUSE BILL NO. 2477,
SUBSTITUTE HOUSE BILL NO. 2486,
SUBSTITUTE HOUSE BILL NO. 2492,
ENGROSSED HOUSE BILL NO. 2500,
HOUSE BILL NO. 2508,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2518,
HOUSE BILL NO. 2521,
HOUSE BILL NO. 2524,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2532,
SECOND SUBSTITUTE HOUSE BILL NO. 2534,
HOUSE BILL NO. 2551,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2563,
HOUSE BILL NO. 2564,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2565,
ENGROSSED HOUSE BILL NO. 2573,
SUBSTITUTE HOUSE BILL NO. 2577,
HOUSE BILL NO. 2584,
SUBSTITUTE HOUSE BILL NO. 2604,
ENGROSSED HOUSE BILL NO. 2607,
SUBSTITUTE HOUSE BILL NO. 2611,
HOUSE BILL NO. 2613,
SUBSTITUTE HOUSE BILL NO. 2617,
SUBSTITUTE HOUSE BILL NO. 2628,
SUBSTITUTE HOUSE BILL NO. 2632,
SUBSTITUTE HOUSE BILL NO. 2637,
HOUSE BILL NO. 2642,
HOUSE BILL NO. 2649,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2658,
SUBSTITUTE HOUSE BILL NO. 2661,
HOUSE BILL NO. 2666,
HOUSE BILL NO. 2668,
HOUSE BILL NO. 2678,
HOUSE BILL NO. 2685,
SUBSTITUTE HOUSE BILL NO. 2702,
SUBSTITUTE HOUSE BILL NO. 2710,
HOUSE BILL NO. 2716,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2735,
SUBSTITUTE HOUSE BILL NO. 2741,
SUBSTITUTE HOUSE BILL NO. 2744,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2750,
SUBSTITUTE HOUSE BILL NO. 2753,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2757,
ENGROSSED HOUSE BILL NO. 2759,
HOUSE BILL NO. 2772,
HOUSE BILL NO. 2817,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2829,
HOUSE BILL NO. 2838,
HOUSE BILL NO. 2842,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2844,
SUBSTITUTE HOUSE BILL NO. 2845,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2847,
SUBSTITUTE HOUSE BILL NO. 2853,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2854,
SUBSTITUTE HOUSE BILL NO. 2879,
HOUSE BILL NO. 2891,
HOUSE BILL NO. 2896,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2941,
HOUSE BILL NO. 2971,
SUBSTITUTE HOUSE BILL NO. 2990,
SUBSTITUTE HOUSE BILL NO. 2995,
ENGROSSED HOUSE BILL NO. 3002,
HOUSE JOINT MEMORIAL NO. 4015,
HOUSE JOINT MEMORIAL NO. 4016,
HOUSE JOINT MEMORIAL NO. 4018,
HOUSE JOINT MEMORIAL NO. 4022,
HOUSE JOINT MEMORIAL NO. 4023,
HOUSE JOINT MEMORIAL NO. 4024,
HOUSE JOINT MEMORIAL NO. 4027,
SUBSTITUTE HOUSE CONCURRENT RESOLUTION NO. 4411.
MESSAGES FROM THE HOUSE
March 14, 2002
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 6347, and the same is herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
March 14, 2002
MR. PRESIDENT:
The Speaker has signed:
HOUSE CONCURRENT RESOLUTION NO. 4428,
HOUSE CONCURRENT RESOLUTION NO. 4429,
HOUSE CONCURRENT RESOLUTION NO. 4430, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
HOUSE CONCURRENT RESOLUTION NO. 4428,
HOUSE CONCURRENT RESOLUTION NO. 4429,
HOUSE CONCURRENT RESOLUTION NO. 4430.
MESSAGE FROM THE HOUSE
MR. PRESIDENT:
Under the provisions of House Concurrent Resolution No. 4428, the House herewith returns the following Senate bills to the Senate:
SUBSTITUTE SENATE BILL NO. 5028,
SECOND SUBSTITUTE SENATE BILL NO. 5078,
SECOND SUBSTITUTE SENATE BILL NO. 5104,
SUBSTITUTE SENATE BILL NO. 5107,
SECOND ENGROSSED SENATE BILL NO. 5112,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5134,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5162,
SENATE BILL NO. 5188,
SECOND SUBSTITUTE SENATE BILL NO. 5218,
SENATE BILL NO. 5253,
SUBSTITUTE SENATE BILL NO. 5283,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5329,
SECOND SUBSTITUTE SENATE BILL NO. 5336,
SENATE BILL NO. 5352,
SUBSTITUTE SENATE BILL NO. 5376,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5416,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5425,
SENATE BILL NO. 5426,
SENATE BILL NO. 5451,
ENGROSSED SENATE BILL NO. 5459,
SECOND SUBSTITUTE SENATE BILL NO. 5480,
SENATE BILL NO. 5488,
SECOND SUBSTITUTE SENATE BILL NO. 5506,
SECOND ENGROSSED SENATE BILL NO. 5522,
SENATE BILL NO. 5546,
SENATE BILL NO. 5568,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5571,
SENATE BILL NO. 5591,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5670,
SENATE BILL NO. 5683,
SENATE BILL NO. 5694,
SENATE BILL NO. 5699,
SUBSTITUTE SENATE BILL NO. 5700,
SENATE BILL NO. 5739,
SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5743,
THIRD ENGROSSED SENATE BILL NO. 5749,
SECOND ENGROSSED SENATE BILL NO. 5759
SECOND ENGROSSED SENATE BILL NO. 5760,
THIRD ENGROSSED SENATE BILL NO. 5764,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5770,
SENATE BILL NO. 5782,
SUBSTITUTE SENATE BILL NO. 5791,
SECOND SUBSTITUTE SENATE BILL NO. 5797,
SENATE BILL NO. 5829,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5831,
ENGROSSED SENATE BILL NO. 5833,
SECOND ENGROSSED SENATE BILL NO. 5872,
SENATE BILL NO. 5878,
SENATE BILL NO. 5886,
ENGROSSED SENATE BILL NO. 5888,
SECOND ENGROSSED SENATE BILL NO. 5906,
SECOND SUBSTITUTE SENATE BILL NO. 5909,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5997,
SENATE BILL NO. 6003,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6034,
SENATE BILL NO. 6066,
SUBSTITUTE SENATE BILL NO. 6249,
SENATE BILL NO. 6251,
SENATE BILL NO. 6252,
SENATE BILL NO. 6253,
SUBSTITUTE SENATE BILL NO. 6284,
SUBSTITUTE SENATE BILL NO. 6288,
SUBSTITUTE SENATE BILL NO. 6289,
SENATE BILL NO. 6317,
SENATE BILL NO. 6319,
SENATE BILL NO. 6323,
SENATE BILL NO. 6325,
SUBSTITUTE SENATE BILL NO. 6327,
SENATE BILL NO. 6337,
SUBSTITUTE SENATE BILL NO. 6343,
ENGROSSED SENATE BILL NO. 6352,
SECOND SUBSTITUTE SENATE BILL NO. 6356,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6359,
ENGROSSED SENATE BILL NO. 6368,
SENATE BILL NO. 6377,
SENATE BILL NO. 6383,
SUBSTITUTE SENATE BILL NO. 6393,
SENATE BILL NO. 6395,
SENATE BILL NO. 6405,
SUBSTITUTE SENATE BILL NO. 6407,
SENATE BILL NO. 6411,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6414,
SENATE BILL NO. 6420,
SENATE BILL NO. 6427,
SENATE BILL NO. 6432,
SENATE BILL NO. 6437,
SUBSTITUTE SENATE BILL NO. 6444,
SUBSTITUTE SENATE BILL NO. 6447,
SENATE BILL NO. 6458,
SENATE BILL NO. 6462,
SUBSTITUTE SENATE BILL NO. 6463,
SUBSTITUTE SENATE BILL NO. 6468,
SUBSTITUTE SENATE BILL NO. 6473,
SUBSTITUTE SENATE BILL NO. 6474,
SENATE BILL NO. 6476,
SENATE BILL NO. 6478,
SENATE BILL NO. 6480,
SENATE BILL NO. 6492,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6494,
SUBSTITUTE SENATE BILL NO. 6496,
SENATE BILL NO. 6497,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6499,
SUBSTITUTE SENATE BILL NO. 6501,
SUBSTITUTE SENATE BILL NO. 6504,
SENATE BILL NO. 6510,
SUBSTITUTE SENATE BILL NO. 6513,
SUBSTITUTE SENATE BILL NO. 6523,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6524,
ENGROSSED SENATE BILL NO. 6525,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6528,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6531,
SUBSTITUTE SENATE BILL NO. 6534,
SUBSTITUTE SENATE BILL NO. 6536,
SUBSTITUTE SENATE BILL NO. 6540,
SUBSTITUTE SENATE BILL NO. 6547,
SUBSTITUTE SENATE BILL NO. 6548,
SENATE BILL NO. 6559,
ENGROSSED SENATE BILL NO. 6564,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6568,
SUBSTITUTE SENATE BILL NO. 6570,
SUBSTITUTE SENATE BILL NO. 6582,
SENATE BILL NO. 6584,
SENATE BILL NO. 6585,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6589,
SUBSTITUTE SENATE BILL NO. 6590,
SUBSTITUTE SENATE BILL NO. 6598,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6619,
SUBSTITUTE SENATE BILL NO. 6625,
SUBSTITUTE SENATE BILL NO. 6626,
SENATE BILL NO. 6637,
SUBSTITUTE SENATE BILL NO. 6640,
SUBSTITUTE SENATE BILL NO. 6648,
SUBSTITUTE SENATE BILL NO. 6650,
SUBSTITUTE SENATE BILL NO. 6660,
ENGROSSED SENATE BILL NO. 6682,
SENATE BILL NO. 6685,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6704,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6718,
SUBSTITUTE SENATE BILL NO. 6719,
SUBSTITUTE SENATE BILL NO. 6721,
SENATE BILL NO. 6725,
SUBSTITUTE SENATE BILL NO. 6735,
SENATE BILL NO. 6737,
SENATE BILL NO. 6749,
SUBSTITUTE SENATE BILL NO. 6751,
ENGROSSED SENATE BILL NO. 6769,
SENATE BILL NO. 6777,
SENATE BILL NO. 6779,
SENATE BILL NO. 6793,
SENATE JOINT MEMORIAL NO. 8005,
SENATE JOINT MEMORIAL NO. 8007,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8026,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8029,
SENATE JOINT MEMORIAL NO. 8030,
SENATE JOINT MEMORIAL NO. 8034,
SUBSTITUTE SENATE JOINT MEMORIAL NO. 8036,
SENATE JOINT MEMORIAL NO. 8038,
SUBSTITUTE SENATE CONCURRENT RESOLUTION NO. 8404,
SENATE CONCURRENT RESOLUTION NO. 8406,
SENATE CONCURRENT RESOLUTION NO. 8434,
SENATE CONCURRENT RESOLUTION NO. 8435, and the same are herewith transmitted.
CYNTHIA ZEHNDER, Chief Clerk
MOTION
On motion of Senator Betti Sheldon, the Senate Journal for the sixtieth day of the 2002 Regular Session of the Fifty-seventh Legislature was approved.
MOTION
At 12:59 a.m., on motion of Senator Betti Sheldon, the 2002 Regular Session of the Fifty-seventh Legislature adjourned SINE DIE.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate