Senate Chamber, Olympia, Monday, April 18, 2011

 

The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senators Benton, Brown, Hewitt, Morton, Prentice and Sheldon.

The Sergeant at Arms Color Guard consisting of Pages Megan Williams and Marissa Wingender, presented the Colors. Senator Kilmer offered the prayer.

 

MOTION

 

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

 

MOTION

 

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

 

REPORTS OF STANDING COMMITTEES

 

April 14, 2011

SB 5921             Prime Sponsor, Senator Regala: Revising social services programs.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  That Substitute Senate Bill No. 5921 be substituted therefor, and the substitute bill do pass.  Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Parlette; Baxter; Brown; Conway; Fraser; Hatfield; Hewitt; Holmquist Newbry; Honeyford; Kastama; Keiser; Kohl-Welles; Pflug; Pridemore; Regala; Rockefeller; Schoesler and Tom.

 

Passed to Committee on Rules for second reading.

 

April 15, 2011

SB 5926             Prime Sponsor, Senator Keiser: Restoring funding to in-home care services.  Reported by Committee on Health & Long-Term Care

 

MAJORITY recommendation:  That it be referred without recommendation.  Signed by Senators Keiser, Chair; Conway, Vice Chair; Becker; Carrell; Kline; Murray; Parlette; Pflug and Pridemore.

 

Passed to Committee on Ways & Means.

 

April 15, 2011

SB 5927             Prime Sponsor, Senator Keiser: Limiting payments for health care services provided to low-income enrollees in state purchased health care programs.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  That Substitute Senate Bill No. 5927 be substituted therefor, and the substitute bill do pass.  Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Parlette; Baumgartner; Baxter; Brown; Conway; Fraser; Hatfield; Hewitt; Holmquist Newbry; Honeyford; Kastama; Keiser; Pflug; Pridemore; Regala; Rockefeller; Schoesler and Tom.

 

Passed to Committee on Rules for second reading.

 

April 15, 2011

ESHB 1087        Prime Sponsor, Committee on Ways & Means: Making 2009-2011 and 2011-2013 fiscal biennia operating appropriations.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  Do pass as amended.  Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Parlette; Brown; Conway; Fraser; Hatfield; Hewitt; Honeyford; Kastama; Keiser; Kohl-Welles; Pridemore; Regala; Rockefeller; Schoesler and Tom.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senators Baumgartner; Baxter; Holmquist Newbry and Pflug.

 

Passed to Committee on Rules for second reading.

 

April 15, 2011

E2SHB 1738      Prime Sponsor, Committee on Ways & Means: Changing the designation of the medicaid single state agency.  Reported by Committee on Health & Long-Term Care

 

MAJORITY recommendation:  Do pass as amended.  Signed by Senators Keiser, Chair; Conway, Vice Chair; Kline; Murray; Pflug and Pridemore.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senators Becker and Parlette.

 

Passed to Committee on Ways & Means.

 

MOTION

 

On motion of Senator Eide, all measures listed on the Standing Committee report were referred to the committees as designated.

 

MOTION

 

On motion of Senator Eide, the Senate advanced to the fourth order of business.

 

MESSAGE FROM THE HOUSE

 

April 15, 2011

 

MR. PRESIDENT:

The House concurred in the Senate amendments to the following bills and passed the bills as amended by the Senate:

HOUSE BILL NO. 1000,

SUBSTITUTE HOUSE BILL NO. 1008,

SUBSTITUTE HOUSE BILL NO. 1127,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1295,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1311,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1332,

ENGROSSED HOUSE BILL NO. 1382,

HOUSE BILL NO. 1418,

HOUSE BILL NO. 1419,

SUBSTITUTE HOUSE BILL NO. 1570,

HOUSE BILL NO. 1594,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1635,

SUBSTITUTE HOUSE BILL NO. 1691,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1774,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1790,

SECOND SUBSTITUTE HOUSE BILL NO. 1903,

HOUSE BILL NO. 1916,

ENGROSSED SUBSTITUTE HOUSE CONCURRENT RESOLUTION NO. 4404,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

On motion of Senator Eide, the Senate advanced to the fifth order of business.

 

INTRODUCTION AND FIRST READING

 

SB 5951              by Senator Hatfield

 

AN ACT Relating to distributed generation; amending RCW 19.285.030; and creating a new section.

 

Referred to Committee on Ways & Means.

 

MOTION

 

      On motion of Senator Eide, the measure listed on the Introduction and First Reading report was referred to the committee as designated.

 

MOTION

 

On motion of Senator Eide, the Senate advanced to the sixth order of business.

 

MOTION

 

At 10:11 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

 

The Senate was called to order at 10:20 a.m. by President Owen.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Shin moved that Gubernatorial Appointment No. 9089, Quentin Powers, as a member of the Board of Trustees, Edmonds Community College District No. 23, be confirmed.

      Senator Shin spoke in favor of the motion.

 

MOTION

 

On motion of Senator Ericksen, Senators Benton and Morton were excused.

 

MOTION

 

On motion of Senator White, Senator Sheldon was excused.

 

APPOINTMENT OF QUENTIN POWERS

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9089, Quentin Powers as a member of the Board of Trustees, Edmonds Community College District No. 23.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9089, Quentin Powers as a member of the Board of Trustees, Edmonds Community College District No. 23 and the appointment was confirmed by the following vote:  Yeas, 43; Nays, 0; Absent, 3; Excused, 3.

      Voting yea: Senators Baumgartner, Baxter, Becker, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Parlette, Pflug, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Shin, Stevens, Swecker, Tom, White and Zarelli

      Absent: Senators Brown, Hewitt and Prentice

      Excused: Senators Benton, Morton and Sheldon

Gubernatorial Appointment No. 9089, Quentin Powers, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Edmonds Community College District No. 23.

 

 

PERSONAL PRIVILEGE

 

Senator Delvin:  “Thank you Mr. President. I wanted to thank the members of the Senate for all the kind words and thoughts you had for me in this last week when my father unexpectedly passed away last week. It meant a lot to hear from all of you both on the staff but also the members too. I wanted to also thank you for taking care of the Torres family last Friday. They are a great group of people from the Tri Cities, hope you got to meet them. I appreciate you looking after them last week too. Just to say Mr. President, my father he is the one that inspired me, the sense of adventure. In fact, the last few years we got to back-pack the Grand Canyon. Several times we rafted the Grand Canyon. Something we always talked about as I was a kid that him and I would do one day and we did that a couple years ago. In fact, next month he was going to raft the Grand Canyon for his third or fourth time with my sisters because he hadn’t done that with them yet. He taught me also about service that, you know, that you should always serve your communities, serve your human folks and he always taught me something, I’ll always remember, he always taught me never judge a person by their appearance but get to know them and judge them by their character and the content of that character and he always strived to make sure he did that by having foster kids in the house by inviting guests from different countries into the house and I really appreciate that and certainly going to miss him but again thanks for all that you have done for me.”

 

MOTION

 

On motion of Senator Eide, Senators Brown, Hewitt and Prentice were excused.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Kline moved that Gubernatorial Appointment No. 9131, Lorraine Lee, as a Chief Administrative Law Judge of the Office of Administrative Hearing, be confirmed.

 

APPOINTMENT OF LORRAINE LEE

 

      Senator Kline spoke in favor of the motion.

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9131, Lorraine Lee as a Chief Administrative Law Judge of the Office of Administrative Hearing.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9131, Lorraine Lee as a Chief Administrative Law Judge of the Office of Administrative Hearing and the appointment was confirmed by the following vote:  Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Baumgartner, Baxter, Becker, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Parlette, Pflug, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Excused: Senators Benton, Morton and Prentice

Gubernatorial Appointment No. 9131, Lorraine Lee, having received the constitutional majority was declared confirmed as a Chief Administrative Law Judge of the Office of Administrative Hearing.

 

MOTION

 

On motion of Senator Eide, the Senate reverted to the fourth order of business.

 

MESSAGE FROM THE HOUSE

 

April 1, 2011

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5326 with the following amendment(s): 5326-S AMH ENGR H2161.E

0)0)Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 46.61 RCW to read as follows:

      (1) A person commits negligent driving in the second degree with a vulnerable user victim if, under circumstances not constituting negligent driving in the first degree, he or she operates a vehicle, as defined in RCW 46.04.670, in a manner that is both negligent and endangers or is likely to endanger any person or property, and he or she proximately causes the death, great bodily harm, or substantial bodily harm of a vulnerable user of a public way.

      (2) The law enforcement officer or prosecuting authority issuing the notice of infraction for an offense under this section shall state on the notice of infraction that the offense was a proximate cause of death, great bodily harm, or substantial bodily harm, as defined in RCW 9A.04.110, of a vulnerable user of a public way.

      (3) Persons under the age of sixteen who commit an infraction under this section are subject to the provisions of RCW 13.40.250.

      (4) A person found to have committed negligent driving in the second degree with a vulnerable user victim shall be required to:

      (a) Pay a monetary penalty of five thousand dollars, which may not be reduced to an amount less than one thousand dollars; and

      (b) Have his or her driving privileges suspended for ninety days.

      (5) In lieu of the penalties imposed under subsection (4) of this section, a person found to have committed negligent driving in the second degree with a vulnerable user victim who requests and personally appears for a hearing pursuant to RCW 46.63.070 (1) or (2) may elect to:

      (a) Pay a penalty of two hundred fifty dollars;

      (b) Attend traffic school for a number of days to be determined by the court pursuant to chapter 46.83 RCW;

      (c) Perform community service for a number of hours to be determined by the court, which may not exceed one hundred hours, and which must include activities related to driver improvement and providing public education on traffic safety; and

      (d) Submit certification to the court establishing that the requirements of this subsection have been met within one year of the hearing.

      (6) If a person found to have committed a violation of this section elects the penalties imposed under subsection (5) of this section, the court may impose the penalties under subsection (5) of this section and the court may assess costs as the court deems appropriate for administrative processing.

      (7) Except as provided in (b) of this subsection, if a person found to have committed a violation of this section elects the penalties under subsection (5) of this section but does not complete all requirements of subsection (5) of this section within one year of the hearing:

      (a)(i) The court shall impose a monetary penalty in the amount of five thousand dollars, which may not be reduced to an amount less than one thousand dollars; and

      (ii) The person's driving privileges shall be suspended for ninety days.

      (b) For good cause shown, the court may extend the period of time in which the person must complete the requirements of subsection (5) of this section before any of the penalties provided in this subsection are imposed.

      (8) An offense under this section is a traffic infraction.  To the extent not inconsistent with this section, the provisions of chapter 46.63 RCW shall apply to infractions under this section.  Procedures for the conduct of all hearings provided for in this section may be established by rule of the supreme court.

      (9) If a person is penalized under subsection (4) of this section, then the court shall notify the department, and the department shall suspend the person's driving privileges.  If a person fails to meet the requirements of subsection (5) of this section, the court shall notify the department that the person has failed to meet the requirements of subsection (5) of this section and the department shall suspend the person's driving privileges.  Notice provided by the court under this subsection must be in a form specified by the department.

      (10) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.

      (11) For the purposes of this section:

      (a) "Great bodily harm" and "substantial bodily harm" have the same meaning as provided in RCW 9A.04.110.

      (b) "Negligent" has the same meaning as provided in RCW 46.61.525(2).

      (c) "Vulnerable user of a public way" means:

      (i) A pedestrian;

      (ii) A person riding an animal; or

      (iii) A person operating any of the following on a public way:

      (A) A farm tractor or implement of husbandry, without an enclosed shell;

      (B) A bicycle;

      (C) An electric-assisted bicycle;

      (D) An electric personal assistive mobility device;

      (E) A moped;

      (F) A motor-driven cycle;

      (G) A motorized foot scooter; or

      (H) A motorcycle.

Sec. 2.  RCW 46.20.342 and 2010 c 269 s 7 and 2010 c 252 s 4 are each reenacted and amended to read as follows:

      (1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state.  Any person who has a valid Washington driver's license is not guilty of a violation of this section.

      (a) A person found to be ((an)) a habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation issued under chapter 46.65 RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor.  Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days.  Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days.  Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days.  If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than ninety days.  The minimum sentence of confinement required shall not be suspended or deferred.  A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080.

      (b) A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver's license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor.  For the purposes of this subsection, a person is not considered to be eligible to reinstate his or her driver's license or driving privilege if the person is eligible to obtain an ignition interlock driver's license but did not obtain such a license.  This subsection applies when a person's driver's license or driving privilege has been suspended or revoked by reason of:

      (i) A conviction of a felony in the commission of which a motor vehicle was used;

      (ii) A previous conviction under this section;

      (iii) A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;

      (iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational driver's license, a temporary restricted driver's license, or an ignition interlock driver's license;

      (v) A conviction of RCW 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;

      (vi) A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;

      (vii) A conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles;

      (viii) A conviction of RCW 46.61.212(4), relating to reckless endangerment of emergency zone workers;

      (ix) A conviction of RCW 46.61.500, relating to reckless driving;

      (x) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or drugs;

      (xi) A conviction of RCW 46.61.520, relating to vehicular homicide;

      (xii) A conviction of RCW 46.61.522, relating to vehicular assault;

      (xiii) A conviction of RCW 46.61.527(4), relating to reckless endangerment of roadway workers;

      (xiv) A conviction of RCW 46.61.530, relating to racing of vehicles on highways;

      (xv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;

      (xvi) A conviction of RCW 46.61.740, relating to theft of motor vehicle fuel;

      (xvii) A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes;

      (xviii) An administrative action taken by the department under chapter 46.20 RCW; ((or))

      (xix) A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection; or
      (xx) A finding that a person has committed a traffic infraction under section 1 of this act and suspension of driving privileges pursuant to section 1 (4)(b) or (7)(a)(ii) of this act.

      (c) A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents, (iv) the person has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289, (v) the person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license, (vi) the person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation, or (vii) the person has received traffic citations or notices of traffic infraction that have resulted in a suspension under RCW 46.20.267 relating to intermediate drivers' licenses, or any combination of (c)(i) through (vii) of this subsection, is guilty of driving while license suspended or revoked in the third degree, a misdemeanor.  For the purposes of this subsection, a person is not considered to be eligible to reinstate his or her driver's license or driving privilege if the person is eligible to obtain an ignition interlock driver's license but did not obtain such a license.

      (2) Upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section, the department shall:

      (a) For a conviction of driving while suspended or revoked in the first degree, as provided by subsection (1)(a) of this section, extend the period of administrative revocation imposed under chapter 46.65 RCW for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or

      (b) For a conviction of driving while suspended or revoked in the second degree, as provided by subsection (1)(b) of this section, not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or

      (c) Not extend the period of suspension or revocation if the conviction was under subsection (1)(c) of this section.  If the conviction was under subsection (1)(a) or (b) of this section and the court recommends against the extension and the convicted person has obtained a valid driver's license, the period of suspension or revocation shall not be extended.

Sec. 3.  RCW 46.63.070 and 2006 c 327 s 7 are each amended to read as follows:

      (1) Any person who receives a notice of traffic infraction shall respond to such notice as provided in this section within fifteen days of the date of the notice.

      (2) If the person determined to have committed the infraction does not contest the determination the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice.  A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response.  When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records, and a record of the response and order shall be furnished to the department in accordance with RCW 46.20.270.

      (3) If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice.  The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement.

      (4) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice.  The court shall notify the person in writing of the time, place, and date of the hearing.

      (5)(a) Except as provided in (b) ((and)), (c), and (d) of this subsection, in hearings conducted pursuant to subsections (3) and (4) of this section, the court may defer findings, or in a hearing to explain mitigating circumstances may defer entry of its order, for up to one year and impose conditions upon the defendant the court deems appropriate.  Upon deferring findings, the court may assess costs as the court deems appropriate for administrative processing.  If at the end of the deferral period the defendant has met all conditions and has not been determined to have committed another traffic infraction, the court may dismiss the infraction.

      (b) A person may not receive more than one deferral within a seven-year period for traffic infractions for moving violations and more than one deferral within a seven-year period for traffic infractions for nonmoving violations.

      (c) A person who is the holder of a commercial driver's license or who was operating a commercial motor vehicle at the time of the violation may not receive a deferral under this section.

(d) A person who commits negligent driving in the second degree with a vulnerable user victim may not receive a deferral for this infraction under this section.

      (6) If any person issued a notice of traffic infraction:

      (a) Fails to respond to the notice of traffic infraction as provided in subsection (2) of this section; or

      (b) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section;

the court shall enter an appropriate order assessing the monetary penalty prescribed for the traffic infraction and any other penalty authorized by this chapter and shall notify the department in accordance with RCW 46.20.270, of the failure to respond to the notice of infraction or to appear at a requested hearing.

NEW SECTION.  Sec. 4.  This act applies to infractions committed on or after the effective date of this section.

NEW SECTION.  Sec. 5.  This act takes effect July 1, 2012."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Kline moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5326.

      Senators Kline and Pflug spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Kline that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5326.

The motion by Senator Kline carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5326 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5326, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5326, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.

      Voting yea: Senators Baumgartner, Becker, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Parlette, Pflug, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Voting nay: Senators Baxter and Hargrove

      Excused: Senators Benton, Morton and Prentice

SUBSTITUTE SENATE BILL NO. 5326, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 1, 2011

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5350 with the following amendment(s): 5350-S AMH ENVI H2193.3

0)0)Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 70.95.240 and 2001 c 139 s 2 are each amended to read as follows:

      (1) Except as otherwise provided in this section or at a solid waste disposal site for which there is a valid permit, after the adoption of regulations or ordinances by any county, city, or jurisdictional board of health providing for the issuance of permits as provided in RCW 70.95.160, it ((shall be)) is unlawful for any person to dump or deposit or permit the dumping or depositing of any solid waste onto or under the surface of the ground or into the waters of this state ((except at a solid waste disposal site for which there is a valid permit)).

(2) This section does not:

      (a) Prohibit a person from dumping or depositing solid waste resulting from his or her own activities onto or under the surface of ground owned or leased by him or her when such action does not violate statutes or ordinances, or create a nuisance;

      (b) Apply to a person using a waste-derived soil amendment that has been approved by the department under RCW 70.95.205; or

      (c) Apply to the application of commercial fertilizer that has been registered with the department of agriculture as provided in RCW 15.54.325, and that is applied in accordance with the standards established in RCW 15.54.800(3).

      (((2))) (3)(a) It is a class 3 civil infraction as defined in RCW 7.80.120 for a person to litter in an amount less than or equal to one cubic foot.

      (b)(i) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard.  ((The person))

(ii) A person found to have littered in an amount greater than one cubic foot, but less than one cubic yard, shall also pay a litter cleanup restitution payment ((equal to)).  This payment must be the greater of twice the actual cost of ((cleanup)) removing and properly disposing of the litter, or fifty dollars per cubic foot of litter((, whichever is greater)).

(iii) The court shall distribute one-half of the restitution payment to the landowner where the littering occurred and one-half of the restitution payment to the jurisdictional health department investigating the incident.  If the landowner provided written permission authorizing the littering on his or her property or assisted a person with littering on the landowner's property, the landowner is not entitled to any restitution ordered by the court and the full litter cleanup restitution payment must be provided to the jurisdictional health department investigating the incident.
      (iv) A jurisdictional health department receiving all or a portion of a litter cleanup restitution payment must use the payment as follows:
      (A) One-half of the payment may be used by the jurisdictional health department in the fulfillment of its responsibilities under this chapter; and
      (B) One-half of the payment must be used to assist property owners located within the jurisdiction of the health department with the removal and proper disposal of litter in instances when the person responsible for the illegal dumping of the solid waste cannot be determined.
      (v) The court may, in addition to ((or in lieu of part or all of)) the litter cleanup restitution payment, order the person to ((pick up and)) remove and properly dispose of the litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.  The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section((,)) if the person ((cleans up)) removes and properly disposes of the litter.

      (c)(i) It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more.  ((The person))

(ii) A person found to have littered in an amount greater than one cubic yard shall also pay a litter cleanup restitution payment ((equal to)).  This payment must be the greater of twice the actual cost of ((cleanup)) removing and properly disposing of the litter, or one hundred dollars per cubic foot of litter((, whichever is greater)).

(iii) The court shall distribute one-half of the restitution payment to the landowner where the littering occurred and one-half of the restitution payment to the jurisdictional health department investigating the incident.  If the landowner provided written permission authorizing the littering on his or her property or assisted a person with littering on the landowner's property, the landowner is not entitled to any restitution ordered by the court and the full litter cleanup restitution payment must be provided to the jurisdictional health department investigating the incident.
      (iv) A jurisdictional health department receiving all or a portion of a litter cleanup restitution payment must use the payment as follows:
      (A) One-half of the payment may be used by the jurisdictional health department in the fulfillment of its responsibilities under this chapter; and
      (B) One-half of the payment must be used to assist property owners located within the jurisdiction of the health department with the removal and proper disposal of litter in instances when the person responsible for the illegal dumping of the solid waste cannot be determined.
      (v) The court may, in addition to ((or in lieu of part or all of)) the litter cleanup restitution payment, order the person to ((pick up and)) remove and properly dispose of the litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property.  The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this section((,)) if the person ((cleans up)) removes and properly disposes of the litter.

      (((d))) (4) If a junk vehicle is abandoned in violation of this chapter, RCW 46.55.230 governs the vehicle's removal, disposal, and sale, and the penalties that may be imposed against the person who abandoned the vehicle.

      (5) When enforcing this section, the enforcing authority must take reasonable action to determine and identify the person responsible for illegally dumping solid waste before requiring the owner or lessee of the property where illegal dumping of solid waste has occurred to remove and properly dispose of the litter on the site."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Rockefeller moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5350.

      Senators Rockefeller and Honeyford spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Rockefeller that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5350.

The motion by Senator Rockefeller carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5350 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5350, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5350, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Parlette, Pflug, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Excused: Senators Morton and Prentice

SUBSTITUTE SENATE BILL NO. 5350, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 7, 2011

 

MR. PRESIDENT:

The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5371 with the following amendment(s): 5371-S.E AMH BAIL MORI 072

0)0)On page 15, line 22, after "Sec. 7." strike "This act is" and insert "Sections 5 and 6 of this act are"

      On page 15, line 24, after "institutions, and" strike "takes" and insert "take"

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Keiser moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5371.

      Senators Keiser and Becker spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Keiser that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5371.

The motion by Senator Keiser carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5371 by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5371, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5371, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Excused: Senator Morton

ENGROSSED SUBSTITUTE SENATE BILL NO. 5371, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 5, 2011

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5392 with the following amendment(s): 5392-S AMH ED H2375.1

0)0)Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature finds that technology can be effectively integrated into other K-12 core subjects that students are expected to know and be able to do.  Integration of knowledge and skills in technology literacy and fluency into other subjects will engage and motivate students to explore high-demand careers, such as engineering, mathematics, computer science, communication, art, entrepreneurship, and others; fields in which skilled individuals will create the new ideas, new products, and new industries of the future; and fields that demand the collaborative information skills and technological fluency of digital citizenship.

Sec. 2.  RCW 28A.150.210 and 2009 c 548 s 103 are each amended to read as follows:

      A basic education is an evolving program of instruction that is intended to provide students with the opportunity to become responsible and respectful global citizens, to contribute to their economic well- being and that of their families and communities, to explore and understand different perspectives, and to enjoy productive and satisfying lives.  Additionally, the state of Washington intends to provide for a public school system that is able to evolve and adapt in order to better focus on strengthening the educational achievement of all students, which includes high expectations for all students and gives all students the opportunity to achieve personal and academic success.  To these ends, the goals of each school district, with the involvement of parents and community members, shall be to provide opportunities for every student to develop the knowledge and skills essential to:

      (1) Read with comprehension, write effectively, and communicate successfully in a variety of ways and settings and with a variety of audiences;

      (2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; civics and history, including different cultures and participation in representative government; geography; arts; and health and fitness;

      (3) Think analytically, logically, and creatively, and to integrate technology literacy and fluency as well as different experiences and knowledge to form reasoned judgments and solve problems; and

      (4) Understand the importance of work and finance and how performance, effort, and decisions directly affect future career and educational opportunities.

NEW SECTION.  Sec. 3.  This act takes effect September 1, 2011."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator McAuliffe moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5392.

      Senators McAuliffe and Litzow spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator McAuliffe that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5392.

The motion by Senator McAuliffe carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5392 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5392, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5392, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Excused: Senator Morton

SUBSTITUTE SENATE BILL NO. 5392, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 5, 2011

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5504 with the following amendment(s): 5504-S AMH ELHS PALC 037

0)0)On page 3, line 28, after "each day" strike "the agency" and insert "a family day care home"

      One page 3, line 29, after "licensed" insert "and two hundred fifty dollars for each day a child day care center provided care without being licensed"

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Hargrove moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5504.

      Senator Hargrove spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Hargrove that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5504.

The motion by Senator Hargrove carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5504 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5504, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5504, 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 Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Voting nay: Senator Schoesler

      Excused: Senator Morton

SUBSTITUTE SENATE BILL NO. 5504, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 7, 2011

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5394 with the following amendment(s): 5394-S AMH ENGR H2506.E

0)0)Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  A new section is added to chapter 74.09 RCW to read as follows:

      The legislature finds that:

      (1) Health care costs are growing rapidly, exceeding the consumer price index year after year.  Consequently, state health programs are capturing a growing share of the state budget, even as state revenues have declined.  Sustaining these critical health programs will require actions to effectively contain health care cost increases in the future; and

      (2) The primary care health home model has been demonstrated to successfully constrain costs, while improving quality of care.  Chronic care management, occurring within a primary care health home, has been shown to be especially effective at reducing costs and improving quality.  However, broad adoption of these models has been impeded by a fee-for-service system that reimburses volume of services and does not adequately support important primary care health home services, such as case management and patient outreach.  Furthermore, successful implementation will require a broad adoption effort by private and public payers, in coordination with providers.

      Therefore the legislature intends to promote the adoption of primary care health homes for children and adults and, within them, advance the practice of chronic care management to improve health outcomes and reduce unnecessary costs.  To facilitate the best coordination and patient care, primary care health homes are encouraged to collaborate with other providers currently outside the medical insurance model.  Successful chronic care management for persons receiving long-term care services in addition to medical care will require close coordination between primary care providers, long-term care workers, and other long-term care service providers, including area agencies on aging.  Primary care providers also should consider oral health coordination through collaboration with dental providers and, when possible, delivery of oral health prevention services.  The legislature also intends that the methods and approach of the primary care health home become part of basic primary care medical education.

Sec. 2.  RCW 74.09.010 and 2010 1st sp.s. c 8 s 28 are each reenacted and amended to read as follows:

      ((As used in this chapter:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Children's health program" means the health care services program provided to children under eighteen years of age and in households with incomes at or below the federal poverty level as annually defined by the federal department of health and human services as adjusted for family size, and who are not otherwise eligible for medical assistance or the limited casualty program for the medically needy.

      (2) (("Committee" means the children's health services committee created in section 3 of this act.
      (3))) "Chronic care management" means the health care management within a health home of persons identified with, or at high risk for, one or more chronic conditions.  Effective chronic care management:
      (a) Actively assists patients to acquire self-care skills to improve functioning and health outcomes, and slow the progression of disease or disability;
      (b) Employs evidence-based clinical practices;
      (c) Coordinates care across health care settings and providers, including tracking referrals;
      (d) Provides ready access to behavioral health services that are, to the extent possible, integrated with primary care; and
      (e) Uses appropriate community resources to support individual patients and families in managing chronic conditions.
      (3) "Chronic condition" means a prolonged condition and includes, but is not limited to:
      (a) A mental health condition;
      (b) A substance use disorder;
      (c) Asthma;
      (d) Diabetes;
      (e) Heart disease; and
      (f) Being overweight, as evidenced by a body mass index over twenty-five.
      (4) "County" means the board of county commissioners, county council, county executive, or tribal jurisdiction, or its designee.  A combination of two or more county authorities or tribal jurisdictions may enter into joint agreements ((to fulfill the requirements of RCW 74.09.415 through 74.09.435)).

      (((4))) (5) "Department" means the department of social and health services.

      (((5))) (6) "Department of health" means the Washington state department of health created pursuant to RCW 43.70.020.

      (((6))) (7) "Full benefit dual eligible beneficiary" means an individual who, for any month:  Has coverage for the month under a medicare prescription drug plan or medicare advantage plan with part D coverage; and is determined eligible by the state for full medicaid benefits for the month under any eligibility category in the state's medicaid plan or a section 1115 demonstration waiver that provides pharmacy benefits.

      (((7))) (8) "Health home" or "primary care health home" means coordinated health care provided by a licensed primary care provider coordinating all medical care services, and a multidisciplinary health care team comprised of clinical and nonclinical staff.  The term "coordinating all medical care services" shall not be construed to require prior authorization by a primary care provider in order for a patient to receive treatment for covered services by an optometrist licensed under chapter 18.53 RCW.  Primary care health home services shall include those services defined as health home services in 42 U.S.C. Sec. 1396w-4 and, in addition, may include, but are not limited to:
      (a) Comprehensive care management including, but not limited to, chronic care treatment and management;
      (b) Extended hours of service;
      (c) Multiple ways for patients to communicate with the team, including electronically and by phone;
      (d) Education of patients on self-care, prevention, and health promotion, including the use of patient decision aids;
      (e) Coordinating and assuring smooth transitions and follow-up from inpatient to other settings;
      (f) Individual and family support including authorized representatives;
      (g) The use of information technology to link services, track tests, generate patient registries, and provide clinical data; and
      (h) Ongoing performance reporting and quality improvement.
      (9) "Internal management" means the administration of medical assistance, medical care services, the children's health program, and the limited casualty program.

      (((8))) (10) "Limited casualty program" means the medical care program provided to medically needy persons as defined under Title XIX of the federal social security act, and to medically indigent persons who are without income or resources sufficient to secure necessary medical services.

      (((9))) (11) "Medical assistance" means the federal aid medical care program provided to categorically needy persons as defined under Title XIX of the federal social security act.

      (((10))) (12) "Medical care services" means the limited scope of care financed by state funds and provided to disability lifeline benefits recipients, and recipients of alcohol and drug addiction services provided under chapter 74.50 RCW.

      (((11))) (13) "Multidisciplinary health care team" means an interdisciplinary team of health professionals which may include, but is not limited to, medical specialists, nurses, pharmacists, nutritionists, dieticians, social workers, behavioral and mental health providers including substance use disorder prevention and treatment providers, doctors of chiropractic, physical therapists, licensed complementary and alternative medicine practitioners, home care and other long-term care providers, and physicians' assistants.
      (14) "Nursing home" means nursing home as defined in RCW 18.51.010.

      (((12))) (15) "Poverty" means the federal poverty level determined annually by the United States department of health and human services, or successor agency.

      (((13))) (16) "Primary care provider" means a general practice physician, family practitioner, internist, pediatrician, osteopath, naturopath, physician assistant, osteopathic physician assistant, and advanced registered nurse practitioner licensed under Title 18 RCW.
      (17) "Secretary" means the secretary of social and health services.

Sec. 3.  RCW 43.70.533 and 2007 c 259 s 5 are each amended to read as follows:

      (1) The department shall conduct a program of training and technical assistance regarding care of people with chronic conditions for providers of primary care.  The program shall emphasize evidence-based high quality preventive and chronic disease care and shall collaborate with the health care authority to promote the adoption of primary care health homes established under this act.  The department may designate one or more chronic conditions to be the subject of the program.

      (2) The training and technical assistance program shall include the following elements:

      (a) Clinical information systems and sharing and organization of patient data;

      (b) Decision support to promote evidence-based care;

      (c) Clinical delivery system design;

      (d) Support for patients managing their own conditions; and

      (e) Identification and use of community resources that are available in the community for patients and their families.

      (3) In selecting primary care providers to participate in the program, the department shall consider the number and type of patients with chronic conditions the provider serves, and the provider's participation in the medicaid program, the basic health plan, and health plans offered through the public employees' benefits board.

(4) For the purposes of this section, "health home" and "primary care provider" have the same meaning as in RCW 74.09.010.

Sec. 4.  RCW 74.09.522 and 1997 c 59 s 15 and 1997 c 34 s 1 are each reenacted and amended to read as follows:

      (1) For the purposes of this section, "managed health care system" means any health care organization, including health care providers, insurers, health care service contractors, health maintenance organizations, health insuring organizations, or any combination thereof, that provides directly or by contract health care services covered under RCW 74.09.520 and rendered by licensed providers, on a prepaid capitated basis and that meets the requirements of section 1903(m)(1)(A) of Title XIX of the federal social security act or federal demonstration waivers granted under section 1115(a) of Title XI of the federal social security act.

      (2) The department of social and health services shall enter into agreements with managed health care systems to provide health care services to recipients of temporary assistance for needy families under the following conditions:

      (a) Agreements shall be made for at least thirty thousand recipients statewide;

      (b) Agreements in at least one county shall include enrollment of all recipients of temporary assistance for needy families;

      (c) To the extent that this provision is consistent with section 1903(m) of Title XIX of the federal social security act or federal demonstration waivers granted under section 1115(a) of Title XI of the federal social security act, recipients shall have a choice of systems in which to enroll and shall have the right to terminate their enrollment in a system:  PROVIDED, That the department may limit recipient termination of enrollment without cause to the first month of a period of enrollment, which period shall not exceed twelve months:  AND PROVIDED FURTHER, That the department shall not restrict a recipient's right to terminate enrollment in a system for good cause as established by the department by rule;

      (d) To the extent that this provision is consistent with section 1903(m) of Title XIX of the federal social security act, participating managed health care systems shall not enroll a disproportionate number of medical assistance recipients within the total numbers of persons served by the managed health care systems, except as authorized by the department under federal demonstration waivers granted under section 1115(a) of Title XI of the federal social security act;

      (e)(i) In negotiating with managed health care systems the department shall adopt a uniform procedure to ((negotiate and)) enter into contractual arrangements, to be included in contracts issued or renewed on or after January 1, 2012, including:
      (A) Standards regarding the quality of services to be provided; ((and))

(B) The financial integrity of the responding system;

(C) Provider reimbursement methods that incentivize chronic care management within health homes;
      (D) Provider reimbursement methods that reward health homes that, by using chronic care management, reduce emergency department and inpatient use; and
      (E) Promoting provider participation in the program of training and technical assistance regarding care of people with chronic conditions described in RCW 43.70.533, including allocation of funds to support provider participation in the training, unless the managed care system is an integrated health delivery system that has programs in place for chronic care management.
      (ii)(A) Health home services contracted for under this subsection may be prioritized to enrollees with complex, high cost, or multiple chronic conditions.
      (B) Contracts that include the items in (e)(i)(C) through (E) of this subsection must not exceed the rates that would be paid in the absence of these provisions;

      (f) The department shall seek waivers from federal requirements as necessary to implement this chapter;

      (g) The department shall, wherever possible, enter into prepaid capitation contracts that include inpatient care.  However, if this is not possible or feasible, the department may enter into prepaid capitation contracts that do not include inpatient care;

      (h) The department shall define those circumstances under which a managed health care system is responsible for out-of-plan services and assure that recipients shall not be charged for such services; ((and))

      (i) Nothing in this section prevents the department from entering into similar agreements for other groups of people eligible to receive services under this chapter; and
      (j) The department must consult with the federal center for medicare and medicaid innovation and seek funding opportunities to support health homes.

      (3) The department shall ensure that publicly supported community health centers and providers in rural areas, who show serious intent and apparent capability to participate as managed health care systems are seriously considered as contractors.  The department shall coordinate its managed care activities with activities under chapter 70.47 RCW.

      (4) The department shall work jointly with the state of Oregon and other states in this geographical region in order to develop recommendations to be presented to the appropriate federal agencies and the United States congress for improving health care of the poor, while controlling related costs.

      (5) The legislature finds that competition in the managed health care marketplace is enhanced, in the long term, by the existence of a large number of managed health care system options for medicaid clients.  In a managed care delivery system, whose goal is to focus on prevention, primary care, and improved enrollee health status, continuity in care relationships is of substantial importance, and disruption to clients and health care providers should be minimized.  To help ensure these goals are met, the following principles shall guide the department in its healthy options managed health care purchasing efforts:

      (a) All managed health care systems should have an opportunity to contract with the department to the extent that minimum contracting requirements defined by the department are met, at payment rates that enable the department to operate as far below appropriated spending levels as possible, consistent with the principles established in this section.

      (b) Managed health care systems should compete for the award of contracts and assignment of medicaid beneficiaries who do not voluntarily select a contracting system, based upon:

      (i) Demonstrated commitment to or experience in serving low-income populations;

      (ii) Quality of services provided to enrollees;

      (iii) Accessibility, including appropriate utilization, of services offered to enrollees;

      (iv) Demonstrated capability to perform contracted services, including ability to supply an adequate provider network;

      (v) Payment rates; and

      (vi) The ability to meet other specifically defined contract requirements established by the department, including consideration of past and current performance and participation in other state or federal health programs as a contractor.

      (c) Consideration should be given to using multiple year contracting periods.

      (d) Quality, accessibility, and demonstrated commitment to serving low-income populations shall be given significant weight in the contracting, evaluation, and assignment process.

      (e) All contractors that are regulated health carriers must meet state minimum net worth requirements as defined in applicable state laws.  The department shall adopt rules establishing the minimum net worth requirements for contractors that are not regulated health carriers.  This subsection does not limit the authority of the department to take action under a contract upon finding that a contractor's financial status seriously jeopardizes the contractor's ability to meet its contract obligations.

      (f) Procedures for resolution of disputes between the department and contract bidders or the department and contracting carriers related to the award of, or failure to award, a managed care contract must be clearly set out in the procurement document.  In designing such procedures, the department shall give strong consideration to the negotiation and dispute resolution processes used by the Washington state health care authority in its managed health care contracting activities.

      (6) The department may apply the principles set forth in subsection (5) of this section to its managed health care purchasing efforts on behalf of clients receiving supplemental security income benefits to the extent appropriate.

Sec. 5.  RCW 70.47.100 and 2009 c 568 s 5 are each amended to read as follows:

      (1) A managed health care system participating in the plan shall do so by contract with the administrator and shall provide, directly or by contract with other health care providers, covered basic health care services to each enrollee covered by its contract with the administrator as long as payments from the administrator on behalf of the enrollee are current.  A participating managed health care system may offer, without additional cost, health care benefits or services not included in the schedule of covered services under the plan.  A participating managed health care system shall not give preference in enrollment to enrollees who accept such additional health care benefits or services.  Managed health care systems participating in the plan shall not discriminate against any potential or current enrollee based upon health status, sex, race, ethnicity, or religion.  The administrator may receive and act upon complaints from enrollees regarding failure to provide covered services or efforts to obtain payment, other than authorized copayments, for covered services directly from enrollees, but nothing in this chapter empowers the administrator to impose any sanctions under Title 18 RCW or any other professional or facility licensing statute.

      (2) The plan shall allow, at least annually, an opportunity for enrollees to transfer their enrollments among participating managed health care systems serving their respective areas.  The administrator shall establish a period of at least twenty days in a given year when this opportunity is afforded enrollees, and in those areas served by more than one participating managed health care system the administrator shall endeavor to establish a uniform period for such opportunity.  The plan shall allow enrollees to transfer their enrollment to another participating managed health care system at any time upon a showing of good cause for the transfer.

      (3) Prior to negotiating with any managed health care system, the administrator shall determine, on an actuarially sound basis, the reasonable cost of providing the schedule of basic health care services, expressed in terms of upper and lower limits, and recognizing variations in the cost of providing the services through the various systems and in different areas of the state.

      (4) In negotiating with managed health care systems for participation in the plan, the administrator shall adopt a uniform procedure that includes at least the following:

      (a) The administrator shall issue a request for proposals, including standards regarding the quality of services to be provided; financial integrity of the responding systems; and responsiveness to the unmet health care needs of the local communities or populations that may be served;

      (b) The administrator shall then review responsive proposals and may negotiate with respondents to the extent necessary to refine any proposals;

      (c) The administrator may then select one or more systems to provide the covered services within a local area; and

      (d) The administrator may adopt a policy that gives preference to respondents, such as nonprofit community health clinics, that have a history of providing quality health care services to low-income persons.

      (5)(a) The administrator may contract with a managed health care system to provide covered basic health care services to subsidized enrollees, nonsubsidized enrollees, health coverage tax credit eligible enrollees, or any combination thereof.  At a minimum, such contracts issued on or after January 1, 2012, must include:
      (i) Provider reimbursement methods that incentivize chronic care management within health homes;
      (ii) Provider reimbursement methods that reward health homes that, by using chronic care management, reduce emergency department and inpatient use; and
      (iii) Promoting provider participation in the program of training and technical assistance regarding care of people with chronic conditions described in RCW 43.70.533, including allocation of funds to support provider participation in the training unless the managed care system is an integrated health delivery system that has programs in place for chronic care management.
      (b) Health home services contracted for under this subsection may be prioritized to enrollees with complex, high cost, or multiple chronic conditions.
      (c) For the purposes of this subsection, "chronic care management," "chronic condition," and "health home" have the same meaning as in RCW 74.09.010.
      (d) Contracts that include the items in (a)(i) through (iii) of this subsection must not exceed the rates that would be paid in the absence of these provisions.

      (6) The administrator may establish procedures and policies to further negotiate and contract with managed health care systems following completion of the request for proposal process in subsection (4) of this section, upon a determination by the administrator that it is necessary to provide access, as defined in the request for proposal documents, to covered basic health care services for enrollees.

      (7) The administrator may implement a self-funded or self-insured method of providing insurance coverage to subsidized enrollees, as provided under RCW 41.05.140.  Prior to implementing a self-funded or self-insured method, the administrator shall ensure that funding available in the basic health plan self-insurance reserve account is sufficient for the self-funded or self-insured risk assumed, or expected to be assumed, by the administrator.  If implementing a self-funded or self-insured method, the administrator may request funds to be moved from the basic health plan trust account or the basic health plan subscription account to the basic health plan self-insurance reserve account established in RCW 41.05.140.

NEW SECTION.  Sec. 6.  A new section is added to chapter 41.05 RCW to read as follows:

      (1) Effective January 1, 2013, the authority must contract with all of the public employees benefits board managed care plans and the self-insured plan or plans to include provider reimbursement methods that incentivize chronic care management within health homes resulting in reduced emergency department and inpatient use.

      (2) Health home services contracted for under this section may be prioritized to enrollees with complex, high cost, or multiple chronic conditions.

      (3) For the purposes of this section, "chronic care management," and "health home" have the same meaning as in RCW 74.09.010.

      (4) Contracts with fully insured plans and with any third-party administrator for the self-funded plan that include the items in subsection (1) of this section must be funded within the resources provided by employer funding rates provided for employee health benefits in the omnibus appropriations act.

      (5) Nothing in this section shall require contracted third-party health plans administering the self-insured contract to expend resources to implement items in subsection (1) of this section beyond the resources provided by employer funding rates provided for employee health benefits in the omnibus appropriations act or from other sources in the absence of these provisions.

NEW SECTION.  Sec. 7.  A new section is added to chapter 41.05 RCW to read as follows:

      The authority shall coordinate a discussion with carriers to learn from successful chronic care management models and develop principles for effective reimbursement methods to align incentives in support of patient centered chronic care health homes.  The authority shall submit a report to the appropriate committees of the legislature by December 1, 2012, describing the principles developed from the discussion and any steps taken by the public employees benefits board or carriers in Washington state to implement the principles through their payment methodologies."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Kilmer moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5394.

      Senator Keiser spoke in favor of the motion.

 

POINT OF INQUIRY

 

Senator Becker:  “Would Senator Keiser yield to a question? Thank you .The bill requires that the Health Care Authority enter into contracts with its manage care plans and third party payer administrators for the self-funded Uniform Medical plan to require such entities to include provider reimbursement methods that incentivize chronic managed management with health care homes in the goal of reducing unnecessary use of emergency room visits and inpatient hospital days. The intent is to reduce overall costs and improve health outcomes. How will the Health Care Authority approach this?”

 

Senator Keiser:  “Thank you. The Uniform Medical plan or (UMP) contracts with the third party administrator that bears no risk for the cost of care and the HCA has the authority as the self-insurer to fund improvements to primary care in order to achieve savings. By 2013 UMP intends to implement the requirements of this bill through a strategic partnership with the third party administrator that has such the third party administrator would be obligated to include reimbursement methodologies for its provider network consistent with the requirements set forth by HCA. The manage care plan currently has strategies in place including provider reimbursement that work to reduce emergency room visits and inpatient hospital days for most of its enrollment and it intends to include these and other methods more broadly throughout its provider network when it is possible so as to cover even more of its enrollees.”

 

The President declared the question before the Senate to be the motion by Senator Keiser that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5394.

The motion by Senator Keiser carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5394 by voice vote.

 

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5394, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5394, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Excused: Senator Morton

SUBSTITUTE SENATE BILL NO. 5394, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 11, 2011

 

MR. PRESIDENT:

The House passed SECOND SUBSTITUTE SENATE BILL NO. 5427 with the following amendment(s): 5427-S2 AMH ED H2213.4

0)0)Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 28A.150.315 and 2010 c 236 s 4 are each amended to read as follows:

      (1) Beginning with the 2007-08 school year, funding for voluntary all-day kindergarten programs shall be phased-in beginning with schools with the highest poverty levels, defined as those schools with the highest percentages of students qualifying for free and reduced-price lunch support in the prior school year.  During the 2011-2013 biennium, funding shall continue to be phased-in each year until full statewide implementation of all-day kindergarten is achieved in the 2017-18 school year.  Once a school receives funding for the all-day kindergarten program, that school shall remain eligible for funding in subsequent school years regardless of changes in the school's percentage of students eligible for free and reduced-price lunches as long as other program requirements are fulfilled.  Additionally, schools receiving all-day kindergarten program support shall agree to the following conditions:

      (a) Provide at least a one thousand-hour instructional program;

      (b) Provide a curriculum that offers a rich, varied set of experiences that assist students in:

      (i) Developing initial skills in the academic areas of reading, mathematics, and writing;

      (ii) Developing a variety of communication skills;

      (iii) Providing experiences in science, social studies, arts, health and physical education, and a world language other than English;

      (iv) Acquiring large and small motor skills;

      (v) Acquiring social and emotional skills including successful participation in learning activities as an individual and as part of a group; and

      (vi) Learning through hands-on experiences;

      (c) Establish learning environments that are developmentally appropriate and promote creativity;

      (d) Demonstrate strong connections and communication with early learning community providers; and

      (e) Participate in kindergarten program readiness activities with early learning providers and parents.

      (2)(a) In addition to the requirements in subsection (1) of this section and to the extent funds are available, beginning with the 2011- 12 school year on a voluntary basis, schools must identify the skills, knowledge, and characteristics of kindergarten students at the beginning of the school year in order to support social-emotional, physical, and cognitive growth and development of individual children; support early learning provider and parent involvement; and inform instruction.  Kindergarten teachers shall administer the Washington kindergarten inventory of developing skills, as directed by the superintendent of public instruction in consultation with the department of early learning, and report the results to the superintendent.  The superintendent shall share the results with the director of the department of early learning.
      (b) School districts shall provide an opportunity for parents and guardians to excuse their children from participation in the Washington kindergarten inventory of developing skills.
      (c) To the extent funds are available, beginning in the 2012-13 school year, the Washington kindergarten inventory of developing skills shall be administered at the beginning of the school year to all students enrolled in state-funded full-day kindergarten programs with the exception of students who have been excused from participation by their parents or guardians.
      (d) Until full implementation of state-funded all-day kindergarten, the superintendent of public instruction, in consultation with the director of the department of early learning, may grant annual, renewable waivers from the requirement of (c) of this subsection to administer the Washington kindergarten inventory of developing skills.  A school district seeking a waiver for one or more of its schools must submit an application to the office of the superintendent of public instruction that includes:
      (i) A description of the kindergarten readiness assessment and transition processes that it proposes to administer instead of the Washington kindergarten inventory of developing skills;
      (ii) An explanation of why the administration of the Washington kindergarten inventory of developing skills would be unduly burdensome; and
      (iii) An explanation of how administration of the alternative kindergarten readiness assessment will support social-emotional, physical, and cognitive growth and development of individual children; support early learning provider and parent involvement; and inform instruction.
      (3) Subject to funds appropriated for this purpose, the superintendent of public instruction shall designate one or more school districts to serve as resources and examples of best practices in designing and operating a high‑quality all-day kindergarten program.  Designated school districts shall serve as lighthouse programs and provide technical assistance to other school districts in the initial stages of implementing an all-day kindergarten program.  Examples of topics addressed by the technical assistance include strategic planning, developing the instructional program and curriculum, working with early learning providers to identify students and communicate with parents, and developing kindergarten program readiness activities.

NEW SECTION.  Sec. 2.  A new section is added to chapter 28A.655 RCW to read as follows:

      Before implementing the Washington kindergarten inventory of developing skills as provided under RCW 28A.150.315, the superintendent of public instruction and the department of early learning must assure that a fairness and bias review of the assessment process has been conducted, including providing an opportunity for input from the achievement gap oversight and accountability committee under RCW 28A.300.136 and from an additional diverse group of community representatives, parents, and educators to be convened by the superintendent and the director of the department.

NEW SECTION.  Sec. 3.  Section 1 of this act takes effect September 1, 2011."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator McAuliffe moved that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 5427.

      Senators McAuliffe and Litzow spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator McAuliffe that the Senate concur in the House amendment(s) to Second Substitute Senate Bill No. 5427.

The motion by Senator McAuliffe carried and the Senate concurred in the House amendment(s) to Second Substitute Senate Bill No. 5427 by voice vote.

The President declared the question before the Senate to be the final passage of Second Substitute Senate Bill No. 5427, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5427, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 36; Nays, 12; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Brown, Chase, Conway, Eide, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hill, Hobbs, Holmquist Newbry, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Sheldon, Shin, Swecker, Tom and White

      Voting nay: Senators Baxter, Becker, Benton, Carrell, Delvin, Ericksen, Hewitt, Honeyford, Parlette, Schoesler, Stevens and Zarelli

      Excused: Senator Morton

SECOND SUBSTITUTE SENATE BILL NO. 5427, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 6, 2011

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5436 with the following amendment(s): 5436-S AMH ENVI H2267.3

0)0)Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature intends to phase out the use of copper-based antifouling paints used on recreational water vessels.

NEW SECTION.  Sec. 2.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Department" means the department of ecology.

      (2) "Director" means the director of the department of ecology.

      (3)(a) "Recreational water vessel" means any vessel that is no more than sixty-five feet in length and is:  (i) Manufactured or used primarily for pleasure; or (ii) leased, rented, or chartered by a person for the pleasure of that person.

      (b) "Recreational water vessel" does not include a vessel that is subject to United States coast guard inspection and that:  (i) Is engaged in commercial use; or (ii) carries paying passengers.

NEW SECTION.  Sec. 3.  (1) Beginning January 1, 2018, no manufacturer, wholesaler, retailer, or distributor may sell or offer for sale in this state any new recreational water vessel manufactured on or after January 1, 2018, with antifouling paint containing copper.

      (2) Beginning January 1, 2020, no antifouling paint that is intended for use on a recreational water vessel and that contains more than 0.5 percent copper may be offered for sale in this state.

      (3) Beginning January 1, 2020, no antifouling paint containing more than 0.5 percent copper may be applied to a recreational water vessel in this state.

NEW SECTION.  Sec. 4.  The department, in consultation and cooperation with other state natural resources agencies, must increase educational efforts regarding recreational water vessel hull cleaning to reduce the spread of invasive species.  This effort must include a review of best practices that consider the type of antifouling paint used and recommendations regarding appropriate hull cleaning that includes in-water methods.

NEW SECTION.  Sec. 5.  (1) The department shall enforce the requirements of this chapter.

      (2)(a) A person or entity that violates this chapter is subject to a civil penalty.  The department may assess and collect a civil penalty of up to ten thousand dollars per day per violation.

      (b) All penalties collected by the department under this chapter must be deposited in the state toxics control account created in RCW 70.105D.070.

NEW SECTION.  Sec. 6.  (1) On or after January 1, 2016, the director may establish and maintain a statewide advisory committee to assist the department in implementing the requirements of this chapter.

      (2)(a) By January 1, 2017, the department shall survey the manufacturers of antifouling paints sold or offered for sale in this state to determine the types of antifouling paints that are available in this state.  The department shall also study how antifouling paints affect marine organisms and water quality.  The department shall report its findings to the legislature, consistent with RCW 43.01.036, by December 31, 2017.

      (b) If the statewide advisory committee authorized under subsection (1) of this section is established by the director, the department may consult with the statewide advisory committee to prepare the report required under (a) of this subsection.

NEW SECTION.  Sec. 7.  The department may adopt rules as necessary to implement this chapter.

NEW SECTION.  Sec. 8.  Sections 2 through 7 of this act constitute a new chapter in Title 70 RCW.

NEW SECTION.  Sec. 9.  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."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Ranker moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5436.

      Senator Ranker spoke in favor of the motion.

      Senator Honeyford spoke against the motion.

The President declared the question before the Senate to be the motion by Senator Ranker that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5436.

The motion by Senator Ranker carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5436 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5436, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5436, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 38; Nays, 10; Absent, 0; Excused, 1.

      Voting yea: Senators Becker, Benton, Brown, Chase, Conway, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hill, Hobbs, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Parlette, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Swecker, Tom, White and Zarelli

      Voting nay: Senators Baumgartner, Baxter, Carrell, Delvin, Hewitt, Holmquist Newbry, Honeyford, King, Pflug and Stevens

      Excused: Senator Morton

SUBSTITUTE SENATE BILL NO. 5436, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 11, 2011

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5445 with the following amendment(s): 5445-S AMH ENGR H2631.E

0)0)Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) The legislature finds that the affordable care act requires the establishment of health benefit exchanges.  The legislature intends to establish an exchange, including a governance structure.  There are many policy decisions associated with establishing an exchange that need to be made that will take a great deal of effort and expertise.  It is therefore the intent of the legislature to establish a process through which these policy decisions can be made by the legislature and the governor by the deadline established in the affordable care act.

      (2) The exchange is intended to:

      (a) Increase access to quality affordable health care coverage, reduce the number of uninsured persons in Washington state, and increase the availability of health care coverage through the private health insurance market to qualified individuals and small employers;

      (b) Provide consumer choice and portability of health insurance, regardless of employment status;

      (c) Create an organized, transparent, and accountable health insurance marketplace for Washingtonians to purchase affordable, quality health care coverage, to claim available federal refundable premium tax credits and cost-sharing subsidies, and to meet the personal responsibility requirements for minimum essential coverage as provided under the federal affordable care act;

      (d) Promote consumer literacy and empower consumers to compare plans and make informed decisions about their health care and coverage;

      (e) Effectively and efficiently administer health care subsidies and determination of eligibility for participation in publicly subsidized health care programs, including the exchange;

      (f) Create a health insurance market that competes on the basis of price, quality, service, and other innovative efforts;

      (g) Operate in a manner compatible with efforts to improve quality, contain costs, and promote innovation;

      (h) Recognize the need for a private health insurance market to exist outside of the exchange; and

      (i) Recognize that the regulation of the health insurance market, both inside and outside the exchange, should continue to be performed by the insurance commissioner.

NEW SECTION.  Sec. 2.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.  Terms and phrases used in this chapter that are not defined in this section must be defined as consistent with implementation of a state health benefit exchange pursuant to the affordable care act.

      (1) "Affordable care act" means the federal patient protection and affordable care act, P.L. 111-148, as amended by the federal health care and education reconciliation act of 2010, P.L. 111-152, or federal regulations or guidance issued under the affordable care act.

      (2) "Authority" means the Washington state health care authority, established under chapter 41.05 RCW.

      (3) "Board" means the governing board established in section 3 of this act.

      (4) "Commissioner" means the insurance commissioner, established in Title 48 RCW.

      (5) "Exchange" means the Washington health benefit exchange established in section 3 of this act.

NEW SECTION.  Sec. 3.  (1) The Washington health benefit exchange is established and constitutes a public-private partnership separate and distinct from the state, exercising functions delineated in this act.  By January 1, 2014, the exchange shall operate consistent with the affordable care act subject to statutory authorization.  The exchange shall have a governing board consisting of persons with expertise in the Washington health care system and private and public health care coverage.  The initial membership of the board shall be appointed as follows:

      (a) By October 1, 2011, each of the two largest caucuses in both the house of representatives and the senate shall submit to the governor a list of five nominees who are not legislators or employees of the state or its political subdivisions, with no caucus submitting the same nominee.

      (i) The nominations from the largest caucus in the house of representatives must include at least one employee benefit specialist;

      (ii) The nominations from the second largest caucus in the house of representatives must include at least one health economist or actuary;

      (iii) The nominations from the largest caucus in the senate must include at least one representative of health consumer advocates;

      (iv) The nominations from the second largest caucus in the senate must include at least one representative of small business;

      (v) The remaining nominees must have demonstrated and acknowledged expertise in at least one of the following areas:  Individual health care coverage, small employer health care coverage, health benefits plan administration, health care finance and economics, actuarial science, or administering a public or private health care delivery system.

      (b) By December 15, 2011, the governor shall appoint two members from each list submitted by the caucuses under (a) of this subsection.  The appointments made under this subsection (1)(b) must include at least one employee benefits specialist, one health economist or actuary, one representative of small business, and one representative of health consumer advocates.  The remaining four members must have a demonstrated and acknowledged expertise in at least one of the following areas:  Individual health care coverage, small employer health care coverage, health benefits plan administration, health care finance and economics, actuarial science, or administering a public or private health care delivery system.

      (c) By December 15, 2011, the governor shall appoint a ninth member to serve as chair.  The chair may not be an employee of the state or its political subdivisions.  The chair shall serve as a nonvoting member except in the case of a tie.

      (d) The following members shall serve as nonvoting, ex officio members of the board:

      (i) The insurance commissioner or his or her designee; and

      (ii) The administrator of the health care authority, or his or her designee.

      (2) Initial members of the board shall serve staggered terms not to exceed four years.  Members appointed thereafter shall serve two-year terms.

      (3) A member of the board whose term has expired or who otherwise leaves the board shall be replaced by gubernatorial appointment.  When the person leaving was nominated by one of the caucuses of the house of representatives or the senate, his or her replacement shall be appointed from a list of five nominees submitted by that caucus within thirty days after the person leaves.  If the member to be replaced is the chair, the governor shall appoint a new chair within thirty days after the vacancy occurs.  A person appointed to replace a member who leaves the board prior to the expiration of his or her term shall serve only the duration of the unexpired term.  Members of the board may be reappointed to multiple terms.

      (4) No board member may be appointed if his or her participation in the decisions of the board could benefit his or her own financial interests or the financial interests of an entity he or she represents.  A board member who develops such a conflict of interest shall resign or be removed from the board.

      (5) Members of the board must be reimbursed for their travel expenses while on official business in accordance with RCW 43.03.050 and 43.03.060.  The board shall prescribe rules for the conduct of its business.  Meetings of the board are at the call of the chair.

      (6) The exchange and the board are subject only to the provisions of chapter 42.30 RCW, the open public meetings act, and chapter 42.56 RCW, the public records act, and not to any other law or regulation generally applicable to state agencies.  Consistent with the open public meetings act, the board may hold executive sessions to consider proprietary or confidential nonpublished information.

      (7)(a) The board shall establish an advisory committee to allow for the views of the health care industry and other stakeholders to be heard in the operation of the health benefit exchange.

      (b) The board may establish technical advisory committees or seek the advice of technical experts when necessary to execute the powers and duties included in this act.

      (8) Members of the board are not civilly or criminally liable and may not have any penalty or cause of action of any nature arise against them for any action taken or not taken, including any discretionary decision or failure to make a discretionary decision, when the action or inaction is done in good faith and in the performance of the powers and duties under this act.  Nothing in this section prohibits legal actions against the board to enforce the board's statutory or contractual duties or obligations.

      (9) In recognition of the government-to-government relationship between the state of Washington and the federally recognized tribes in the state of Washington, the board shall consult with the American Indian health commission.

NEW SECTION.  Sec. 4.  (1) The exchange may, consistent with the purposes of this chapter:  (a) Sue and be sued in its own name; (b) make and execute agreements, contracts, and other instruments, with any public or private person or entity; (c) employ, contract with, or engage personnel; (d) pay administrative costs; and (e) accept grants, donations, loans of funds, and contributions in money, services, materials or otherwise, from the United States or any of its agencies, from the state of Washington and its agencies or from any other source, and use or expend those moneys, services, materials, or other contributions.

      (2) The powers and duties of the exchange and the board are limited to those necessary to apply for and administer grants, establish information technology infrastructure, and undertake additional administrative functions necessary to begin operation of the exchange by January 1, 2014.  Any actions relating to substantive issues included in section 5 of this act must be consistent with statutory direction on those issues.

NEW SECTION.  Sec. 5.  (1) In collaboration with the joint select committee on health reform implementation, the authority shall:

      (a) Apply for and implement grants under the affordable care act.  Whenever possible, grant applications shall allow for the possibility of partially funding the activities of the joint select committee on health reform implementation;

      (b) Develop and submit to the federal department of health and human services:

      (i) A complete budget for the development and operation of an exchange through 2014;

      (ii) An initial plan discussing the means to achieve financial sustainability of the exchange by 2015;

      (iii) A plan outlining steps to prevent fraud, waste, and abuse; and

      (iv) A plan describing how capacity for providing assistance to individuals and small businesses in the state will be created, continued, or expanded, including provision for a call center.

      (2) Consistent with the work plan developed in subsection (3) of this section, but in no case later than January 1, 2012, the authority, in collaboration with the joint select committee on health reform implementation and the board, shall develop a broad range of options for operating the exchange and report the options to the governor and the legislature on an ongoing basis.  The report must include analysis and recommendations on the following:

      (a) The operations and administration of the exchange, including:

      (i) The goals and principles of the exchange;

      (ii) The creation and implementation of a single state-administered exchange for all geographic areas in the state that operates as the exchange for both the individual and small employer markets by January 1, 2014;

      (iii) Whether and under what circumstances the state should consider establishment of, or participation in, a regionally administered multistate exchange;

      (iv) Whether the role of an exchange includes serving as an aggregator of funds that comprise the premium for a health plan offered through the exchange;

      (v) The administrative, fiduciary, accounting, contracting, and other services to be provided by the exchange;

      (vi) Coordination of the exchange with other state programs;

      (vii) Development of sustainable funding for administration of the exchange as of January 1, 2015; and

      (viii) Recognizing the need for expedience in determining the structure of needed information technology, the necessary information technology to support implementation of exchange activities;

      (b) Whether to adopt and implement a federal basic health plan option as authorized in the affordable care act, whether the federal basic health plan option should be administered by the entity that administers the exchange or by a state agency, and whether the federal basic health plan option should merge risk pools for rating with any portion of the state's medicaid program;

      (c) Individual and small group market impacts, including whether to:

      (i) Merge the risk pools for rating the individual and small group markets in the exchange and the private health insurance markets; and

      (ii) Increase the small group market to firms with up to one hundred employees;

      (d) Creation of uniform requirements, standards, and criteria for the creation of qualified health plans offered through the exchange, including promoting participation by carriers and enrollees in the exchange to a level sufficient to provide sustainable funding for the exchange;

      (e) Certifying, selecting, and facilitating the offer of individual and small group plans through an exchange, to include designation of qualified health plans and the levels of coverage for the plans;

      (f) The role and services provided by producers and navigators, including the option to use private insurance market brokers as navigators;

      (g) Effective implementation of risk management methods, including:  Reinsurance, risk corridors, risk adjustment, to include the entity designated to operate reinsurance and risk adjustment, and the continuing role of the Washington state health insurance pool;

      (h) Participation in innovative efforts to contain costs in Washington's markets for public and private health care coverage;

      (i) Providing federal refundable premium tax credits and reduced cost-sharing subsidies through the exchange, including the processes and entity responsible for determining eligibility to participate in the exchange and the cost-sharing subsidies provided through the exchange;

      (j) The staff, resources, and revenues necessary to operate and administer an exchange for the first two years of operation;

      (k) The extent and circumstances under which benefits for spiritual care services that are deductible under section 213(d) of the internal revenue code as of January 1, 2010, will be made available under the exchange; and

      (l) Any other areas identified by the joint select committee on health reform implementation.

      (3) In collaboration with the joint select committee on health reform implementation, the authority shall develop a work plan for the development of options under subsection (2) of this section in discrete, prioritized stages.

      (4) The authority and the board shall consult with the commissioner, the joint select committee on health reform implementation, and stakeholders relevant to carrying out the activities required under this section, including:  (a) Educated health care consumers who are enrolled in commercial health insurance coverage and publicly subsidized health care programs; (b) individuals and entities with experience in facilitating enrollment in health insurance coverage, including health carriers, producers, and navigators; (c) representatives of small businesses, employees of small businesses, and self-employed individuals; (d) advocates for enrolling hard to reach populations and populations enrolled in publicly subsidized health care programs; (e) facilities and providers of health care; (f) representatives of publicly subsidized health care programs; and (g) members in good standing of the American academy of actuaries.

      (5) Beginning March 15, 2012, the exchange shall be responsible for the duties of the authority under this section.  Prior to March 15, 2012, the board may make independent recommendations regarding the options developed under subsection (2) of this section to the governor and the legislature.

NEW SECTION.  Sec. 6.  (1) The authority may enter into:

      (a) Information sharing agreements with federal and state agencies and other state exchanges to carry out the provisions of this act:  PROVIDED, That such agreements include adequate protections with respect to the confidentiality of the information to be shared and comply with all state and federal laws and regulations; and

      (b) Interdepartmental agreements with the office of the insurance commissioner, the department of social and health services, the department of health, and any other state agencies necessary to implement this act.

      (2) To the extent funding is available, the authority shall:

      (a) Provide staff and resources to implement this act;

      (b) Manage and administer the grant and other funds; and

      (c) Expend funds specifically appropriated by the legislature to implement the provisions of this act.

      (3) Beginning March 15, 2012, the board shall:

      (a) Be responsible for the duties imposed on the authority under this section; and

      (b) Have the powers granted to the authority under this section.

NEW SECTION.  Sec. 7.  The health benefit exchange account is created in the custody of the state treasurer.  All receipts from federal grants received under the affordable care act shall be deposited into the account.  Expenditures from the account may be used only for purposes consistent with the grants.  Until March 15, 2012, only the administrator of the health care authority, or his or her designee, may authorize expenditures from the account.  Beginning March 15, 2012, only the board of the Washington health benefit exchange may authorize expenditures from the account.  The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 8.  Sections 1 through 6 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION.  Sec. 9.  If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned.  Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Keiser moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5445.

      Senators Keiser and Becker spoke in favor of the motion.

      Senators Parlette, Ericksen and Carrell spoke against the motion.

The President declared the question before the Senate to be the motion by Senator Keiser that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5445.

The motion by Senator Keiser carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5445 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5445, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5445, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 32; Nays, 16; Absent, 0; Excused, 1.

      Voting yea: Senators Becker, Brown, Chase, Conway, Eide, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Kastama, Keiser, Kilmer, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Pflug, Prentice, Pridemore, Ranker, Regala, Rockefeller, Shin, Tom and White

      Voting nay: Senators Baumgartner, Baxter, Benton, Carrell, Delvin, Ericksen, Holmquist Newbry, Honeyford, King, Parlette, Roach, Schoesler, Sheldon, Stevens, Swecker and Zarelli

      Excused: Senator Morton

SUBSTITUTE SENATE BILL NO. 5445, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 5, 2011

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5451 with the following amendment(s): 5451-S AMH ENGR H2562.E

0)0)On page 2, beginning on line 4, strike all of section 2 and insert the following:

"NEW SECTION.  Sec. 2.  A new section is added to chapter 90.58 RCW to read as follows:

      (1) New or amended master programs approved by the department on or after September 1, 2011, may include provisions authorizing:

      (a) Residential structures and appurtenant structures that were legally established and are used for a conforming use, but that do not meet standards for the following to be considered a conforming structure:  Setbacks, buffers, or yards; area; bulk; height; or density; and

      (b) Redevelopment, expansion, change with the class of occupancy, or replacement of the residential structure if it is consistent with the master program, including requirements for no net loss of shoreline ecological functions.

      (2) For purposes of this section, "appurtenant structures" means garages, sheds, and other legally established structures.  "Appurtenant structures" does not include bulkheads and other shoreline modifications or over-water structures.

      (3) Nothing in this section:  (a) Restricts the ability of a master program to limit redevelopment, expansion, or replacement of over-water structures located in hazardous areas, such as floodplains and geologically hazardous areas; or (b) affects the application of other federal, state, or local government requirements to residential structures."

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Ranker moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5451.

      Senator Ranker spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Ranker that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5451.

The motion by Senator Ranker carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5451 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5451, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5451, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Excused: Senator Morton

SUBSTITUTE SENATE BILL NO. 5451, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 7, 2011

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5452 with the following amendment(s): 5452-S AMH PSEP H2326.1

0)0)Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature finds that effective collaboration and communication between mental health and chemical dependency treatment providers and service delivery systems and law enforcement and criminal justice agencies is important to both the care of persons with mental disorders and chemical dependency and public safety.  The legislature also finds that many state and local efforts in recent years have worked to address improved treatment of persons with mental disorders, chemical dependency disorders, or co-occurring mental and substance abuse disorders who are confined in a correctional institution and to improve communication and collaboration among the agencies, institutions, and professionals who are responsible for the care or custody of those persons.  While numerous laws have been enacted to clarify the appropriate sharing of information between those agencies, institutions, and professionals, the legislature finds further clarification will continue to aide and improve the care of those persons and augment public safety.

NEW SECTION.  Sec. 2.  A new section is added to chapter 74.09 RCW to read as follows:

      It is permissible to provide to a correctional institution, as defined in RCW 9.94.049, with the fact, place, and date of an involuntary commitment and the fact and date of discharge or release of a person who has been involuntarily committed under chapter 71.05 or 71.34 RCW, without a person's consent, in the course of the implementation and use of the department's postinstitutional medical assistance system supporting the expedited medical determinations and medical suspensions as provided in RCW 74.09.555.  Disclosure under this section is mandatory for the purposes of the health insurance portability and accountability act.

Sec. 3.  RCW 71.05.190 and 1997 c 112 s 13 are each amended to read as follows:

      If the person is not approved for admission by a facility providing seventy-two hour evaluation and treatment, and the individual has not been arrested, the facility shall furnish transportation, if not otherwise available, for the person to his or her place of residence or other appropriate place.  If the individual has been arrested, the evaluation and treatment facility shall detain the individual for not more than eight hours at the request of the peace officer.  The facility shall make reasonable attempts to contact the requesting peace officer during this time to inform the peace officer that the person is not approved for admission in order to enable a peace officer to return to the facility and take the individual back into custody.

Sec. 4.  RCW 71.05.390 and 2009 c 320 s 3 and 2009 c 217 s 6 are each reenacted and amended to read as follows:

      Except as provided in this section, RCW 71.05.445, 71.05.630, 70.96A.150, 71.05.385, section 2 of this act, or pursuant to a valid release under RCW 70.02.030, the fact of admission and all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services at public or private agencies shall be confidential.

      Information and records may be disclosed only:

      (1) In communications between qualified professional persons to meet the requirements of this chapter, in the provision of services or appropriate referrals, or in the course of guardianship proceedings.  The consent of the person, or his or her personal representative or guardian, shall be obtained before information or records may be disclosed by a professional person employed by a facility unless provided to a professional person:

      (a) Employed by the facility;

      (b) Who has medical responsibility for the patient's care;

      (c) Who is a designated mental health professional;

      (d) Who is providing services under chapter 71.24 RCW;

      (e) Who is employed by a state or local correctional facility where the person is confined or supervised; or

      (f) Who is providing evaluation, treatment, or follow-up services under chapter 10.77 RCW.

      (2) When the communications regard the special needs of a patient and the necessary circumstances giving rise to such needs and the disclosure is made by a facility providing services to the operator of a facility in which the patient resides or will reside.

      (3)(a) When the person receiving services, or his or her guardian, designates persons to whom information or records may be released, or if the person is a minor, when his or her parents make such designation.

      (b) A public or private agency shall release to a person's next of kin, attorney, personal representative, guardian, or conservator, if any:

      (i) The information that the person is presently a patient in the facility or that the person is seriously physically ill;

      (ii) A statement evaluating the mental and physical condition of the patient, and a statement of the probable duration of the patient's confinement, if such information is requested by the next of kin, attorney, personal representative, guardian, or conservator; and

      (iii) Such other information requested by the next of kin or attorney as may be necessary to decide whether or not proceedings should be instituted to appoint a guardian or conservator.

      (4) To the extent necessary for a recipient to make a claim, or for a claim to be made on behalf of a recipient for aid, insurance, or medical assistance to which he or she may be entitled.

      (5)(a) For either program evaluation or research, or both:  PROVIDED, That the secretary adopts rules for the conduct of the evaluation or research, or both.  Such rules shall include, but need not be limited to, the requirement that all evaluators and researchers must sign an oath of confidentiality substantially as follows:

 

      "As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I, . . . . . . . . ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of such evaluation or research regarding persons who have received services such that the person who received such services is identifiable.

      I recognize that unauthorized release of confidential information may subject me to civil liability under the provisions of state law.

      (b) Nothing in this chapter shall be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards, including standards to assure maintenance of confidentiality, set forth by the secretary.

      (6)(a) To the courts as necessary to the administration of this chapter or to a court ordering an evaluation or treatment under chapter 10.77 RCW solely for the purpose of preventing the entry of any evaluation or treatment order that is inconsistent with any order entered under this chapter.

      (b) To a court or its designee in which a motion under chapter 10.77 RCW has been made for involuntary medication of a defendant for the purpose of competency restoration.

      (c) Disclosure under this subsection is mandatory for the purpose of the health insurance portability and accountability act.

      (7)(a) When a mental health professional is requested by a representative of a law enforcement or corrections agency, including a police officer, sheriff, community corrections officer, a municipal attorney, or prosecuting attorney to undertake an investigation or provide treatment under RCW 71.05.150, 10.31.110, or 71.05.153, the mental health professional shall, if requested to do so, advise the representative in writing of the results of the investigation including a statement of reasons for the decision to detain or release the person investigated.  Such written report shall be submitted within seventy- two hours of the completion of the investigation or the request from the law enforcement or corrections representative, whichever occurs later.

      (b) Disclosure under this subsection is mandatory for the purposes of the health insurance portability and accountability act.

      (8) To the attorney of the detained person.

      (9) To the prosecuting attorney as necessary to carry out the responsibilities of the office under RCW 71.05.330(2) and 71.05.340(1)(b) and 71.05.335.  The prosecutor shall be provided access to records regarding the committed person's treatment and prognosis, medication, behavior problems, and other records relevant to the issue of whether treatment less restrictive than inpatient treatment is in the best interest of the committed person or others.  Information shall be disclosed only after giving notice to the committed person and the person's counsel.

      (10)(a) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient.  The person may designate a representative to receive the disclosure.  The disclosure shall be made by the professional person in charge of the public or private agency or his or her designee and shall include the dates of commitment, admission, discharge, or release, authorized or unauthorized absence from the agency's facility, and only such other information that is pertinent to the threat or harassment.  The decision to disclose or not shall not result in civil liability for the agency or its employees so long as the decision was reached in good faith and without gross negligence.

      (b) Disclosure under this subsection is mandatory for the purposes of the health insurance portability and accountability act.

      (11)(a) To appropriate corrections and law enforcement agencies all necessary and relevant information in the event of a crisis or emergent situation that poses a significant and imminent risk to the public.  The decision to disclose or not shall not result in civil liability for the mental health service provider or its employees so long as the decision was reached in good faith and without gross negligence.

      (b) Disclosure under this subsection is mandatory for the purposes of the health insurance portability and accountability act.

      (12) To the persons designated in RCW 71.05.425 and 71.05.385 for the purposes described in those sections.

      (13) Civil liability and immunity for the release of information about a particular person who is committed to the department under RCW 71.05.280(3) and 71.05.320(3)(c) after dismissal of a sex offense as defined in RCW 9.94A.030, is governed by RCW 4.24.550.

      (14) Upon the death of a person, his or her next of kin, personal representative, guardian, or conservator, if any, shall be notified.

      Next of kin who are of legal age and competent shall be notified under this section in the following order:  Spouse, parents, children, brothers and sisters, and other relatives according to the degree of relation.  Access to all records and information compiled, obtained, or maintained in the course of providing services to a deceased patient shall be governed by RCW 70.02.140.

      (15) To the department of health for the purposes of determining compliance with state or federal licensure, certification, or registration rules or laws.  However, the information and records obtained under this subsection are exempt from public inspection and copying pursuant to chapter 42.56 RCW.

      (16) To mark headstones or otherwise memorialize patients interred at state hospital cemeteries.  The department of social and health services shall make available the name, date of birth, and date of death of patients buried in state hospital cemeteries fifty years after the death of a patient.

      (17) To law enforcement officers and to prosecuting attorneys as are necessary to enforce RCW 9.41.040(2)(a)(ii).  The extent of information that may be released is limited as follows:

      (a) Only the fact, place, and date of involuntary commitment, an official copy of any order or orders of commitment, and an official copy of any written or oral notice of ineligibility to possess a firearm that was provided to the person pursuant to RCW 9.41.047(1), shall be disclosed upon request;

      (b) The law enforcement and prosecuting attorneys may only release the information obtained to the person's attorney as required by court rule and to a jury or judge, if a jury is waived, that presides over any trial at which the person is charged with violating RCW 9.41.040(2)(a)(ii);

      (c) Disclosure under this subsection is mandatory for the purposes of the health insurance portability and accountability act.

      (18) When a patient would otherwise be subject to the provisions of this section and disclosure is necessary for the protection of the patient or others due to his or her unauthorized disappearance from the facility, and his or her whereabouts is unknown, notice of such disappearance, along with relevant information, may be made to relatives, the department of corrections when the person is under the supervision of the department, and governmental law enforcement agencies designated by the physician or psychiatric advanced registered nurse practitioner in charge of the patient or the professional person in charge of the facility, or his or her professional designee.

      Except as otherwise provided in this chapter, the uniform health care information act, chapter 70.02 RCW, applies to all records and information compiled, obtained, or maintained in the course of providing services.

      (19) The fact of admission, as well as all records, files, evidence, findings, or orders made, prepared, collected, or maintained pursuant to this chapter shall not be admissible as evidence in any legal proceeding outside this chapter without the written consent of the person who was the subject of the proceeding except as provided in RCW 71.05.385, in a subsequent criminal prosecution of a person committed pursuant to RCW 71.05.280(3) or 71.05.320(3)(c) on charges that were dismissed pursuant to chapter 10.77 RCW due to incompetency to stand trial, in a civil commitment proceeding pursuant to chapter 71.09 RCW, or, in the case of a minor, a guardianship or dependency proceeding.  The records and files maintained in any court proceeding pursuant to this chapter shall be confidential and available subsequent to such proceedings only to the person who was the subject of the proceeding or his or her attorney.  In addition, the court may order the subsequent release or use of such records or files only upon good cause shown if the court finds that appropriate safeguards for strict confidentiality are and will be maintained.

Sec. 5.  RCW 71.05.425 and 2009 c 521 s 158 are each amended to read as follows:

      (1)(a) Except as provided in subsection (2) of this section, at the earliest possible date, and in no event later than thirty days before conditional release, final release, authorized leave under RCW 71.05.325(2), or transfer to a facility other than a state mental hospital, the superintendent shall send written notice of conditional release, release, authorized leave, or transfer of a person committed under RCW 71.05.280(3) or 71.05.320(3)(c) following dismissal of a sex, violent, or felony harassment offense pursuant to RCW 10.77.086(4) to the following:

      (i) The chief of police of the city, if any, in which the person will reside; and

      (ii) The sheriff of the county in which the person will reside.

      (b) The same notice as required by (a) of this subsection shall be sent to the following, if such notice has been requested in writing about a specific person committed under RCW 71.05.280(3) or 71.05.320(3)(c) following dismissal of a sex, violent, or felony harassment offense pursuant to RCW 10.77.086(4):

      (i) The victim of the sex, violent, or felony harassment offense that was dismissed pursuant to RCW 10.77.086(4) preceding commitment under RCW 71.05.280(3) or 71.05.320(3)(c) or the victim's next of kin if the crime was a homicide;

      (ii) Any witnesses who testified against the person in any court proceedings; ((and))

      (iii) Any person specified in writing by the prosecuting attorney.

Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the person committed under this chapter; and
      (iv) The chief of police of the city, if any, and the sheriff of the county, if any, which had jurisdiction of the person on the date of the applicable offense.

      (c) The thirty-day notice requirements contained in this subsection shall not apply to emergency medical transfers.

      (d) The existence of the notice requirements in this subsection will not require any extension of the release date in the event the release plan changes after notification.

      (2) If a person committed under RCW 71.05.280(3) or 71.05.320(3)(c) following dismissal of a sex, violent, or felony harassment offense pursuant to RCW 10.77.086(4) escapes, the superintendent shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the person escaped and in which the person resided immediately before the person's arrest.  If previously requested, the superintendent shall also notify the witnesses and the victim of the sex, violent, or felony harassment offense that was dismissed pursuant to RCW 10.77.086(4) preceding commitment under RCW 71.05.280(3) or 71.05.320(3) or the victim's next of kin if the crime was a homicide.  In addition, the secretary shall also notify appropriate parties pursuant to RCW 71.05.390(18).  If the person is recaptured, the superintendent shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.

      (3) If the victim, the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parent or legal guardian of the child.

      (4) The superintendent shall send the notices required by this chapter to the last address provided to the department by the requesting party.  The requesting party shall furnish the department with a current address.

      (5) For purposes of this section the following terms have the following meanings:

      (a) "Violent offense" means a violent offense under RCW 9.94A.030;

      (b) "Sex offense" means a sex offense under RCW 9.94A.030;

      (c) "Next of kin" means a person's spouse, state registered domestic partner, parents, siblings, and children;

      (d) "Felony harassment offense" means a crime of harassment as defined in RCW 9A.46.060 that is a felony.

Sec. 6.  RCW 10.77.165 and 2010 c 28 s 1 are each amended to read as follows:

      (1) In the event of an escape by a person committed under this chapter from a state facility or the disappearance of such a person on conditional release or other authorized absence, the superintendent shall provide notification of the person's escape or disappearance for the public's safety or to assist in the apprehension of the person.

      (a) The superintendent shall notify:

      (i) State and local law enforcement officers located in the city and county where the person escaped and in the city and county which had jurisdiction of the person on the date of the applicable offense;

      (ii) Other appropriate governmental agencies; and

      (iii) The person's relatives.

      (b) The superintendent shall provide the same notification as required by (a) of this subsection to the following, if such notice has been requested in writing about a specific person committed under this chapter:

      (i) The victim of the crime for which the person was convicted or the victim's next of kin if the crime was a homicide;

      (ii) Any witnesses who testified against the person in any court proceedings if the person was charged with a violent offense; and

      (iii) Any other appropriate persons.

      (2) Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the person committed under this chapter.

      (3) The notice provisions of this section are in addition to those provided in RCW 10.77.205.

Sec. 7.  RCW 10.31.110 and 2007 c 375 s 2 are each amended to read as follows:

      (1) When a police officer has reasonable cause to believe that the individual has committed acts constituting a nonfelony crime that is not a serious offense as identified in RCW 10.77.092 and the individual is known by history or consultation with the regional support network to suffer from a mental disorder, the arresting officer may:

      (a) Take the individual to a crisis stabilization unit as defined in RCW 71.05.020(6).  Individuals delivered to a crisis stabilization unit pursuant to this section may be held by the facility for a period of up to twelve hours((:  PROVIDED, that they are)).  The individual must be examined by a mental health professional within three hours of ((their)) arrival;

      (b) Refer the individual to a mental health professional for evaluation for initial detention and proceeding under chapter 71.05 RCW; or

      (c) Release the individual upon agreement to voluntary participation in outpatient treatment.

      (2) If the individual is released to the community, the mental health provider shall inform the arresting officer of the release within a reasonable period of time after the release if the arresting officer has specifically requested notification and provided contact information to the provider.
      (3) In deciding whether to refer the individual to treatment under this section, the police officer shall be guided by standards mutually agreed upon with the prosecuting authority, which address, at a minimum, the length, seriousness, and recency of the known criminal history of the individual, the mental health history of the individual, where available, and the circumstances surrounding the commission of the alleged offense.

      (((3))) (4) Any agreement to participate in treatment shall not require individuals to stipulate to any of the alleged facts regarding the criminal activity as a prerequisite to participation in a mental health treatment alternative.  The agreement is inadmissible in any criminal or civil proceeding.  The agreement does not create immunity from prosecution for the alleged criminal activity.

      (((4))) (5) If an individual violates such agreement and the mental health treatment alternative is no longer appropriate:

      (a) The mental health provider shall inform the referring law enforcement agency of the violation; and

      (b) The original charges may be filed or referred to the prosecutor, as appropriate, and the matter may proceed accordingly.

      (((5))) (6) The police officer is immune from liability for any good faith conduct under this section.

Sec. 8.  RCW 71.05.153 and 2007 c 375 s 8 are each amended to read as follows:

      (1) When a designated mental health professional receives information alleging that a person, as the result of a mental disorder, presents an imminent likelihood of serious harm, or is in imminent danger because of being gravely disabled, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of the person or persons providing the information if any, the designated mental health professional may take such person, or cause by oral or written order such person to be taken into emergency custody in an evaluation and treatment facility for not more than seventy-two hours as described in RCW 71.05.180.

      (2) A peace officer may take or cause such person to be taken into custody and immediately delivered to a crisis stabilization unit, an evaluation and treatment facility, or the emergency department of a local hospital under the following circumstances:

      (a) Pursuant to subsection (1) of this section; or

      (b) When he or she has reasonable cause to believe that such person is suffering from a mental disorder and presents an imminent likelihood of serious harm or is in imminent danger because of being gravely disabled.

      (3) Persons delivered to a crisis stabilization unit, evaluation and treatment facility, or the emergency department of a local hospital by peace officers pursuant to subsection (2) of this section may be held by the facility for a period of up to twelve hours:  PROVIDED, That they are examined by a mental health professional within three hours of their arrival.  Within twelve hours of their arrival, the designated mental health professional must determine whether the individual meets detention criteria.  If the individual is detained, the designated mental health professional shall file a petition for detention or a supplemental petition as appropriate and commence service on the designated attorney for the detained person.  If the individual is released to the community, the mental health provider shall inform the peace officer of the release within a reasonable period of time after the release if the peace officer has specifically requested notification and provided contact information to the provider.

Sec. 9.  RCW 71.34.340 and 2005 c 453 s 6 are each amended to read as follows:

      The fact of admission and all information obtained through treatment under this chapter is confidential.  Confidential information may be disclosed only:

      (1) In communications between mental health professionals to meet the requirements of this chapter, in the provision of services to the minor, or in making appropriate referrals;

      (2) In the course of guardianship or dependency proceedings;

      (3) To persons with medical responsibility for the minor's care;

      (4) To the minor, the minor's parent, and the minor's attorney, subject to RCW 13.50.100;

      (5) When the minor or the minor's parent designates in writing the persons to whom information or records may be released;

      (6) To the extent necessary to make a claim for financial aid, insurance, or medical assistance to which the minor may be entitled or for the collection of fees or costs due to providers for services rendered under this chapter;

      (7) To the courts as necessary to the administration of this chapter;

      (8) To law enforcement officers or public health officers as necessary to carry out the responsibilities of their office.  However, only the fact and date of admission, and the date of discharge, the name and address of the treatment provider, if any, and the last known address shall be disclosed upon request;

      (9) To law enforcement officers, public health officers, relatives, and other governmental law enforcement agencies, if a minor has escaped from custody, disappeared from an evaluation and treatment facility, violated conditions of a less restrictive treatment order, or failed to return from an authorized leave, and then only such information as may be necessary to provide for public safety or to assist in the apprehension of the minor.  The officers are obligated to keep the information confidential in accordance with this chapter;

      (10) To the secretary for assistance in data collection and program evaluation or research, provided that the secretary adopts rules for the conduct of such evaluation and research.  The rules shall include, but need not be limited to, the requirement that all evaluators and researchers sign an oath of confidentiality substantially as follows:

      "As a condition of conducting evaluation or research concerning persons who have received services from (fill in the facility, agency, or person) I, . . . . . ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of such evaluation or research regarding minors who have received services in a manner such that the minor is identifiable.

      I recognize that unauthorized release of confidential information may subject me to civil liability under state law.

      (11) To appropriate law enforcement agencies, upon request, all necessary and relevant information in the event of a crisis or emergent situation that poses a significant and imminent risk to the public.  The decision to disclose or not shall not result in civil liability for the mental health service provider or its employees so long as the decision was reached in good faith and without gross negligence;

      (12) To appropriate law enforcement agencies and to a person, when the identity of the person is known to the public or private agency, whose health and safety has been threatened, or who is known to have been repeatedly harassed, by the patient.  The person may designate a representative to receive the disclosure.  The disclosure shall be made by the professional person in charge of the public or private agency or his or her designee and shall include the dates of admission, discharge, authorized or unauthorized absence from the agency's facility, and only such other information that is pertinent to the threat or harassment.  The decision to disclose or not shall not result in civil liability for the agency or its employees so long as the decision was reached in good faith and without gross negligence;

      (13) To a minor's next of kin, attorney, guardian, or conservator, if any, the information that the minor is presently in the facility or that the minor is seriously physically ill and a statement evaluating the mental and physical condition of the minor as well as a statement of the probable duration of the minor's confinement;

      (14) Upon the death of a minor, to the minor's next of kin;

      (15) To a facility in which the minor resides or will reside;

      (16) To law enforcement officers and to prosecuting attorneys as are necessary to enforce RCW 9.41.040(2)(a)(ii).  The extent of information that may be released is limited as follows:

      (a) Only the fact, place, and date of involuntary commitment, an official copy of any order or orders of commitment, and an official copy of any written or oral notice of ineligibility to possess a firearm that was provided to the person pursuant to RCW 9.41.047(1), shall be disclosed upon request;

      (b) The law enforcement and prosecuting attorneys may only release the information obtained to the person's attorney as required by court rule and to a jury or judge, if a jury is waived, that presides over any trial at which the person is charged with violating RCW 9.41.040(2)(a)(ii);

      (c) Disclosure under this subsection is mandatory for the purposes of the health insurance portability and accountability act.

      This section shall not be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards, including standards to assure maintenance of confidentiality, set forth by the secretary.  The fact of admission and all information obtained pursuant to this chapter are not admissible as evidence in any legal proceeding outside this chapter, except guardianship or dependency, without the written consent of the minor or the minor's parent;
      (17) For the purpose of a correctional facility participating in the postinstitutional medical assistance system supporting the expedited medical determinations and medical suspensions as provided in RCW 74.09.555 and section 2 of this act.

Sec. 10.  RCW 70.02.900 and 2000 c 5 s 4 are each amended to read as follows:

      (1) This chapter does not restrict a health care provider, a third- party payor, or an insurer regulated under Title 48 RCW from complying with obligations imposed by federal or state health care payment programs or federal or state law.

      (2) This chapter does not modify the terms and conditions of disclosure under Title 51 RCW and chapters 13.50, 26.09, 70.24, ((70.39,)) 70.96A, 71.05, ((and)) 71.34, and 74.09 RCW and rules adopted under these provisions."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Hargrove moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5452.

      Senator Hargrove spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Hargrove that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5452.

The motion by Senator Hargrove carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5452 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5452, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5452, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Excused: Senator Morton

SUBSTITUTE SENATE BILL NO. 5452, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SIGNED BY THE PRESIDENT

 

The President signed:

SUBSTITUTE SENATE BILL NO. 5025,

SUBSTITUTE SENATE BILL NO. 5072,

SUBSTITUTE SENATE BILL NO. 5097,

SENATE BILL NO. 5141,

SUBSTITUTE SENATE BILL NO. 5156,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5186,

SUBSTITUTE SENATE BILL NO. 5192,

SUBSTITUTE SENATE BILL NO. 5203,

SUBSTITUTE SENATE BILL NO. 5232,

SUBSTITUTE SENATE BILL NO. 5239,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5253.

 

MESSAGE FROM THE HOUSE

 

April 5, 2011

 

MR. PRESIDENT:

The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5740 with the following amendment(s): 5740-S.E AMH JUDI H2382.1

0)0)Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 11.88.040 and 2008 c 6 s 803 are each amended to read as follows:

(1) Before ((appointing)) the court appoints a guardian or a limited guardian, ((notice of a hearing, to be held not less than ten days after service thereof, shall be served personally upon)) the petitioner must send notice of a hearing by personal service in the manner provided for services of summons no less than fifteen days in advance of the hearing on the petition to the alleged incapacitated person, if over fourteen years of age, and ((served upon)) the guardian ad litem.

(2) Before ((appointing)) the court appoints a guardian or a limited guardian, the petitioner must send notice of a hearing((, to be held not less than ten days after service thereof, shall be given)) by registered or certified mail to the last known address requesting a return receipt signed by the addressee or an agent appointed by the addressee, or by personal service in the manner provided for services of summons, no less than fifteen days in advance of the hearing on the petition to the following:

      (((1))) (a) The alleged incapacitated person, ((or minor,)) if under fourteen years of age;

      (((2))) (b) A parent, if the alleged incapacitated person is a minor, all known children not residing with a notified person, and the spouse or domestic partner of the alleged incapacitated person if any;

      (((3))) (c) Any other person who has been appointed as guardian or limited guardian, or the person with whom the alleged incapacitated person resides.  No notice need be given to those persons named in ((subsections (2) and (3))) (a) and (b) of this subsection if they have signed the petition for the appointment of the guardian or limited guardian or have waived notice of the hearing.

      (((4))) (3) Notice of a hearing under subsection (2) of this section must include the name of the person who the court or guardian ad litem proposes to be appointed as guardian or limited guardian.  If a person receiving notice of a hearing under subsection (2) of this section did not receive notice of the commencement of the guardianship proceeding under RCW 11.88.030, the notice of a hearing sent to the person must include a copy of the petition for appointment of a guardian and the statement of the legal rights of the alleged incapacitated person that could be restricted or transferred to a guardian by a guardianship order.
      (4) If the petition is by a parent asking for appointment as guardian or limited guardian of a minor child under the age of fourteen years, or if the petition is accompanied by the written consent of a minor of the age of fourteen years or upward, who consents to the appointment of the guardian or limited guardian asked for, or if the petition is by a nonresident guardian of any minor or incapacitated person, then the court may appoint the guardian without notice of the hearing.  The court for good cause may reduce the number of days of notice, but in every case, at least three days notice shall be given.

(5) The alleged incapacitated person shall be present in court at the final hearing on the petition((:  PROVIDED, That)).  However, this requirement may be waived at the discretion of the court for good cause other than mere inconvenience shown in the report to be provided by the guardian ad litem pursuant to RCW 11.88.090 as now or hereafter amended, or if no guardian ad litem is required to be appointed pursuant to RCW 11.88.090, as now or hereafter amended, at the discretion of the court for good cause shown by a party.  Alternatively, the court may remove itself to the place of residence of the alleged incapacitated person and conduct the final hearing in the presence of the alleged incapacitated person.  Final hearings on the petition may be held in closed court without admittance of any person other than those necessary to the action or proceeding.

(6) If presence of the alleged incapacitated person is waived and the court does not remove itself to the place of residence of such person, the guardian ad litem shall appear in person at the final hearing on the petition.

Sec. 2.  RCW 11.88.090 and 2008 c 6 s 804 are each amended to read as follows:

      (1) Nothing contained in RCW 11.88.080 through 11.88.120, 11.92.010 through 11.92.040, 11.92.060 through 11.92.120, 11.92.170, and 11.92.180 shall affect or impair the power of any court to appoint a guardian ad litem to defend the interests of any incapacitated person interested in any suit or matter pending therein, or to commence and prosecute any suit in his or her behalf.

      (2) Prior to the appointment of a guardian or a limited guardian, whenever it appears that the incapacitated person or incapacitated person's estate could benefit from mediation and such mediation would likely result in overall reduced costs to the estate, upon the motion of the alleged incapacitated person or the guardian ad litem, or subsequent to such appointment, whenever it appears that the incapacitated person or incapacitated person's estate could benefit from mediation and such mediation would likely result in overall reduced costs to the estate, upon the motion of any interested person, the court may:

      (a) Require any party or other person subject to the jurisdiction of the court to participate in mediation;

      (b) Establish the terms of the mediation; and

      (c) Allocate the cost of the mediation ((pursuant to RCW 11.96.140)).

      (3)(a) Upon receipt of a petition for appointment of guardian or limited guardian, except as provided herein, the court shall appoint a guardian ad litem to represent the best interests of the alleged incapacitated person, who shall be a person found or known by the court to:

      (((a))) (i) Be free of influence from anyone interested in the result of the proceeding; and

      (((b))) (ii) Have the requisite knowledge, training, or expertise to perform the duties required by this section.

(b) The guardian ad litem shall within five days of receipt of notice of appointment file with the court and serve, either personally or by certified mail with return receipt, each party with a statement including:  His or her training relating to the duties as a guardian ad litem; his or her criminal history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment; his or her hourly rate, if compensated; whether the guardian ad litem has had any contact with a party to the proceeding prior to his or her appointment; and whether he or she has an apparent conflict of interest.  Within three days of the later of the actual service or filing of the guardian ad litem's statement, any party may set a hearing and file and serve a motion for an order to show cause why the guardian ad litem should not be removed for one of the following three reasons:  (i) Lack of expertise necessary for the proceeding; (ii) an hourly rate higher than what is reasonable for the particular proceeding; or (iii) a conflict of interest.  Notice of the hearing shall be provided to the guardian ad litem and all parties.  If, after a hearing, the court enters an order replacing the guardian ad litem, findings shall be included, expressly stating the reasons for the removal.  If the guardian ad litem is not removed, the court has the authority to assess to the moving party, attorneys' fees and costs related to the motion.  The court shall assess attorneys' fees and costs for frivolous motions.

(c) No guardian ad litem need be appointed when a parent is petitioning for a guardian or a limited guardian to be appointed for his or her minor child and the minority of the child, as defined by RCW 11.92.010, is the sole basis of the petition.  The order appointing the guardian ad litem shall recite the duties set forth in subsection (5) of this section.  The appointment of a guardian ad litem shall have no effect on the legal competency of the alleged incapacitated person and shall not overcome the presumption of competency or full legal and civil rights of the alleged incapacitated person.

      (4)(a) The superior court of each county shall develop and maintain a registry of persons who are willing and qualified to serve as guardians ad litem in guardianship matters.  The court shall choose as guardian ad litem a person whose name appears on the registry in a system of consistent rotation, except in extraordinary circumstances such as the need for particular expertise.  The court shall develop procedures for periodic review of the persons on the registry and for probation, suspension, or removal of persons on the registry for failure to perform properly their duties as guardian ad litem.  In the event the court does not select the person next on the list, it shall include in the order of appointment a written reason for its decision.

      (b) To be eligible for the registry a person shall:

      (i) Present a written statement outlining his or her background and qualifications.  The background statement shall include, but is not limited to, the following information:

      (A) Level of formal education;

      (B) Training related to the guardian ad litem's duties;

      (C) Number of years' experience as a guardian ad litem;

      (D) Number of appointments as a guardian ad litem and the county or counties of appointment;

      (E) Criminal history, as defined in RCW 9.94A.030; and

      (F) Evidence of the person's knowledge, training, and experience in each of the following:  Needs of impaired elderly people, physical disabilities, mental illness, developmental disabilities, and other areas relevant to the needs of incapacitated persons, legal procedure, and the requirements of chapters 11.88 and 11.92 RCW.

      The written statement of qualifications shall include the names of any counties in which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause; and

      (ii) Complete the training as described in (e) of this subsection.  The training is not applicable to guardians ad litem appointed pursuant to special proceeding Rule 98.16W.

      (c) Superior court shall remove any person from the guardian ad litem registry who misrepresents his or her qualifications pursuant to a grievance procedure established by the court.

      (d) The background and qualification information shall be updated annually.

      (e) The department of social and health services shall convene an advisory group to develop a model guardian ad litem training program and shall update the program biennially.  The advisory group shall consist of representatives from consumer, advocacy, and professional groups knowledgeable in developmental disabilities, neurological impairment, physical disabilities, mental illness, domestic violence, aging, legal, court administration, the Washington state bar association, and other interested parties.

      (f) The superior court shall require utilization of the model program developed by the advisory group as described in (e) of this subsection, to assure that candidates applying for registration as a qualified guardian ad litem shall have satisfactorily completed training to attain these essential minimum qualifications to act as guardian ad litem.

      (5) The guardian ad litem appointed pursuant to this section ((shall have)) has the following duties:

      (a) To meet and consult with the alleged incapacitated person as soon as practicable following appointment and explain, in language which such person can reasonably be expected to understand, the substance of the petition, the nature of the resultant proceedings, the person's right to contest the petition, the identification of the proposed guardian or limited guardian, the right to a jury trial on the issue of his or her alleged incapacity, the right to independent legal counsel as provided by RCW 11.88.045, and the right to be present in court at the hearing on the petition;

      (b) To obtain a written report according to RCW 11.88.045; and such other written or oral reports from other qualified professionals as are necessary to permit the guardian ad litem to complete the report required by this section;

      (c) To meet with the person whose appointment is sought as guardian or limited guardian and ascertain:

      (i) The proposed guardian's knowledge of the duties, requirements, and limitations of a guardian; and

      (ii) The steps the proposed guardian intends to take or has taken to identify and meet the needs of the alleged incapacitated person;

      (d) To consult as necessary to complete the investigation and report required by this section with those known relatives, friends, or other persons the guardian ad litem determines have had a significant, continuing interest in the welfare of the alleged incapacitated person;

      (e) To investigate alternate arrangements made, or which might be created, by or on behalf of the alleged incapacitated person, such as revocable or irrevocable trusts, durable powers of attorney, or blocked accounts; whether good cause exists for any such arrangements to be discontinued; and why such arrangements should not be continued or created in lieu of a guardianship;

      (f) To provide the court with a written report which shall include the following:

      (i) A description of the nature, cause, and degree of incapacity, and the basis upon which this judgment was made;

      (ii) A description of the needs of the incapacitated person for care and treatment, the probable residential requirements of the alleged incapacitated person and the basis upon which these findings were made;

      (iii) An evaluation of the appropriateness of the guardian or limited guardian whose appointment is sought and a description of the steps the proposed guardian has taken or intends to take to identify and meet current and emerging needs of the incapacitated person;

      (iv) A description of any alternative arrangements previously made by the alleged incapacitated person or which could be made, and whether and to what extent such alternatives should be used in lieu of a guardianship, and if the guardian ad litem is recommending discontinuation of any such arrangements, specific findings as to why such arrangements are contrary to the best interest of the alleged incapacitated person;

      (v) A description of the abilities of the alleged incapacitated person and a recommendation as to whether a guardian or limited guardian should be appointed.  If appointment of a limited guardian is recommended, the guardian ad litem shall recommend the specific areas of authority the limited guardian should have and the limitations and disabilities to be placed on the incapacitated person;

      (vi) An evaluation of the person's mental ability to rationally exercise the right to vote and the basis upon which the evaluation is made;

      (vii) Any expression of approval or disapproval made by the alleged incapacitated person concerning the proposed guardian or limited guardian or guardianship or limited guardianship;

      (viii) Identification of persons with significant interest in the welfare of the alleged incapacitated person who should be advised of their right to request special notice of proceedings pursuant to RCW 11.92.150; and

      (ix) Unless independent counsel has appeared for the alleged incapacitated person, an explanation of how the alleged incapacitated person responded to the advice of the right to jury trial, to independent counsel and to be present at the hearing on the petition.

      Within forty-five days after notice of commencement of the guardianship proceeding has been served upon the guardian ad litem, and at least fifteen days before the hearing on the petition, unless an extension or reduction of time has been granted by the court for good cause, the guardian ad litem shall file its report and send a copy to the alleged incapacitated person and his or her counsel, spouse or domestic partner, all children not residing with a notified person, those persons described in (f)(viii) of this subsection, and persons who have filed a request for special notice pursuant to RCW 11.92.150.  If the guardian ad litem needs additional time to finalize his or her report, then the guardian ad litem shall petition the court for a postponement of the hearing or, with the consent of all other parties, an extension or reduction of time for filing the report.  If the hearing does not occur within sixty days of filing the petition, then upon the two-month anniversary of filing the petition and on or before the same day of each following month until the hearing, the guardian ad litem shall file interim reports summarizing his or her activities on the proceeding during that time period as well as fees and costs incurred;

      (g) To advise the court of the need for appointment of counsel for the alleged incapacitated person within five court days after the meeting described in (a) of this subsection unless (i) counsel has appeared, (ii) the alleged incapacitated person affirmatively communicated a wish not to be represented by counsel after being advised of the right to representation and of the conditions under which court-provided counsel may be available, or (iii) the alleged incapacitated person was unable to communicate at all on the subject, and the guardian ad litem is satisfied that the alleged incapacitated person does not affirmatively desire to be represented by counsel;
      (h) To disclose in writing to the court any prior relationship or circumstance for the period covering ten years prior to the guardian ad litem's appointment or any existing relationship or circumstance that causes the appearance of a conflict of interest with respect to the guardian ad litem's recommendation of the appointment of a particular person or persons as a guardian or limited guardian of the alleged incapacitated person.  Such disclosure must also be provided to persons receiving copies of the report as required in (f)(viii) of this subsection (5).

      (6) If the petition is brought by an interested person or entity requesting the appointment of some other qualified person or entity and a prospective guardian or limited guardian cannot be found, the court shall order the guardian ad litem to investigate the availability of a possible guardian or limited guardian and to include the findings in a report to the court pursuant to subsection (5)(f) of this section.

      (7) The parties to the proceeding may file responses to the guardian ad litem report with the court and deliver such responses to the other parties and the guardian ad litem at any time up to the second day prior to the hearing.  If a guardian ad litem fails to file his or her report in a timely manner, the hearing shall be continued to give the court and the parties at least fifteen days before the hearing to review the report.  At any time during the proceeding upon motion of any party or on the court's own motion, the court may remove the guardian ad litem for failure to perform his or her duties as specified in this chapter, provided that the guardian ad litem shall have five days' notice of any motion to remove before the court enters such order.  In addition, the court in its discretion may reduce a guardian ad litem's fee for failure to carry out his or her duties.

      (8) The court appointed guardian ad litem shall have the authority, in the event that the alleged incapacitated person is in need of emergency life-saving medical services, and is unable to consent to such medical services due to incapacity pending the hearing on the petition to give consent for such emergency life-saving medical services on behalf of the alleged incapacitated person.

      (9) The court-appointed guardian ad litem shall have the authority to move for temporary relief under chapter 7.40 RCW to protect the alleged incapacitated person from abuse, neglect, abandonment, or exploitation, as those terms are defined in RCW 74.34.020, or to address any other emergency needs of the alleged incapacitated person.  Any alternative arrangement executed before filing the petition for guardianship shall remain effective unless the court grants the relief requested under chapter 7.40 RCW, or unless, following notice and a hearing at which all parties directly affected by the arrangement are present, the court finds that the alternative arrangement should not remain effective.

      (10) The guardian ad litem shall receive a fee determined by the court.  The fee shall be charged to the alleged incapacitated person unless the court finds that such payment would result in substantial hardship upon such person, in which case the county shall be responsible for such costs:  PROVIDED, That the court may charge such fee to the petitioner, the alleged incapacitated person, or any person who has appeared in the action; or may allocate the fee, as it deems just.  If the petition is found to be frivolous or not brought in good faith, the guardian ad litem fee shall be charged to the petitioner.  The court shall not be required to provide for the payment of a fee to any salaried employee of a public agency.

      (11) Upon the presentation of the guardian ad litem report and the entry of an order either dismissing the petition for appointment of guardian or limited guardian or appointing a guardian or limited guardian, the guardian ad litem shall be dismissed and shall have no further duties or obligations unless otherwise ordered by the court.  If the court orders the guardian ad litem to perform further duties or obligations, they shall not be performed at county expense.

      (12) The guardian ad litem shall appear in person at all hearings on the petition unless all parties provide a written waiver of the requirement to appear.

      (13) At any hearing the court may consider whether any person who makes decisions regarding the alleged incapacitated person or estate has breached a statutory or fiduciary duty.

Sec. 3.  RCW 11.92.040 and 1991 c 289 s 10 are each amended to read as follows:

      It shall be the duty of the guardian or limited guardian of an estate:

      (1) To file within three months after the guardian's appointment a verified inventory of all the property of the incapacitated person which comes into the guardian's possession or knowledge, including a statement of all encumbrances, liens, and other secured charges on any item;

      (2) To file annually, within ninety days after the anniversary date of the guardian's or limited guardian's appointment, and also within thirty days after termination of the appointment, unless the court for good cause orders a different deadline to file following termination, a written verified account of the administration, which account shall contain at least the following information:

      (a) Identification of property of the guardianship estate as of the date of the last account or, in the case of the initial account, as of the date of inventory;

      (b) Identification of all additional property received into the guardianship, including income by source;

      (c) Identification of all expenditures made during the account period by major categories;

      (d) Any adjustments to the guardianship estate required to establish its present fair market value, including gains or losses on sale or other disposition and any mortgages, deeds of trust or other encumbrances against the guardianship estate; and

      (e) Identification of all property held in the guardianship estate as of the date of account, the assessed value of any real property and the guardian's estimate of the present fair market values of other property (including the basis on which such estimate is made), and the total net fair market value of the guardianship estate.  In addition, immediately following such statement of present fair market value, the account shall set forth a statement of current amount of the guardian's bond and any other court-ordered protection for the security of the guardianship assets;

      (3) The court in its discretion may allow reports at intervals of up to thirty-six months for estates with assets (exclusive of real property) having a value of not more than twice the homestead exemption.  Notwithstanding contrary provisions of this section, the guardian or limited guardian of an estate need not file an annual report with the court or send quarterly accounts under subsection (4) of this section if the funds of the guardianship are held for the benefit of a minor in a blocked account unless the guardian requests a withdrawal from such account, in which case the guardian shall provide a written verified account of the administration of the guardianship estate along with the guardian's petition for the withdrawal.  The guardian or limited guardian shall report any substantial change in income or assets of the guardianship estate within thirty days of the occurrence of the change.  A hearing shall be scheduled for court review and determination of provision for increased bond or other provision in accordance with RCW 11.88.100;

      (4) To send on or before the last day of January, April, July, and October by certified first-class mail to the persons who are receiving special notice of proceedings under RCW 11.92.150 an updated written verified account of the administration containing the information specified in subsection (2)(a) through (e) of this section unless the total net fair market value of the guardianship estate is less than two hundred thousand dollars.  A guardian or limited guardian is not required to send accounts under this subsection to a person receiving special notice of proceedings if the person files with the court and sends to the guardian or limited guardian a request not to receive quarterly accounts.  The court may waive the requirement for a guardian or limited guardian to send accounts under this subsection;
      (5) To protect and preserve the guardianship estate, to apply it as provided in this chapter, to account for it faithfully, to perform all of the duties required by law, and at the termination of the guardianship or limited guardianship, to deliver the assets of the incapacitated person to the persons entitled thereto.  Except as provided to the contrary herein, the court may authorize a guardian or limited guardian to do anything that a trustee can do under the provisions of RCW 11.98.070 for a period not exceeding one year from the date of the order or for a period corresponding to the interval in which the guardian's or limited guardian's report is required to be filed by the court pursuant to subsection (2) of this section, whichever period is longer;

      (((5))) (6) To invest and reinvest the property of the incapacitated person in accordance with the rules applicable to investment of trust estates by trustees as provided in chapter 11.100 RCW, except that:

      (a) No investments shall be made without prior order of the court in any property other than unconditional interest bearing obligations of this state or of the United States and in obligations the interest and principal of which are unconditionally guaranteed by the United States, and in share accounts or deposits which are insured by an agency of the United States government.  Such prior order of the court may authorize specific investments, or, in the discretion of the court, may authorize the guardian or limited guardian to invest and reinvest as provided in chapter 11.100 RCW without further order of the court;

      (b) If it is for the best interests of the incapacitated person that a specific property be used by the incapacitated person rather than sold and the proceeds invested, the court may so order;

      (((6))) (7) To apply to the court no later than the filing of the inventory for an order authorizing disbursements on behalf of the incapacitated person:  PROVIDED, HOWEVER, That the guardian or limited guardian of the estate, or the person, department, bureau, agency, or charitable organization having the care and custody of an incapacitated person, may apply to the court for an order directing the guardian or limited guardian of the estate to pay to the person, department, bureau, agency, or charitable organization having the care and custody of an incapacitated person, or if the guardian or limited guardian of the estate has the care and custody of the incapacitated person, directing the guardian or limited guardian of the estate to apply an amount weekly, monthly, quarterly, semi-annually, or annually, as the court may direct, to be expended in the care, maintenance, and education of the incapacitated person and of his or her dependents.  In proper cases, the court may order payment of amounts directly to the incapacitated person for his or her maintenance or incidental expenses.  The amounts authorized under this section may be decreased or increased from time to time by direction of the court.  If payments are made to another under an order of the court, the guardian or limited guardian of the estate is not bound to see to the application thereof.

NEW SECTION.  Sec. 4.  A new section is added to chapter 11.88 RCW to read as follows:

      The administrator for the courts must publish or cause to be published on a web site information regarding professional and lay guardians, including descriptions of the following:

      (1) The different types of guardianships available under this chapter and chapter 11.92 RCW;

      (2) The duties and responsibilities of guardians and limited guardians appointed by the court;

      (3) The court approval process for a guardian or limited guardian to receive reimbursement for expenses and other costs from an incapacitated person's estate; and

      (4) The certified professional guardian board and office of public guardianship.

NEW SECTION.  Sec. 5.  A new section is added to chapter 11.92 RCW to read as follows:

      The court shall remove a guardian or limited guardian and appoint a successor guardian or limited guardian if the court finds that the guardian or limited guardian filed with the court or sent to the parties to the proceeding any report, account, or other document that the guardian or limited guardian intentionally falsified.

Sec. 6.  RCW 43.190.060 and 1999 c 133 s 1 are each amended to read as follows:

(1) A long-term care ombudsman ((shall)) must:

      (((1))) (a) Identify, investigate, and resolve complaints made by or on behalf of residents of long-term care facilities relating to administrative action, inaction, or decisions which may adversely affect the health, safety, welfare, and rights of these individuals;

      (((2))) (b) Monitor the development and implementation of federal, state, and local laws, rules, regulations, and policies with respect to long-term care facilities in this state;

      (((3))) (c) Provide information as appropriate to residents, resident representatives, and others regarding the rights of residents, and to public agencies regarding the problems of individuals residing in long-term care facilities; and

      (((4))) (d) Provide for training volunteers and promoting the development of citizen organizations to participate in the ombudsman program.  A trained volunteer long-term care ombudsman, in accordance with the policies and procedures established by the state long-term care ombudsman program, shall inform residents, their representatives, and others about the rights of residents, and may identify, investigate, and resolve complaints made by or on behalf of residents of long-term care facilities relating to action, inaction, or decisions, that may adversely affect the health, safety, welfare, and rights of these individuals.

(2) Publish on a web site, or otherwise make available to residents, families of residents, and the public information regarding professional and lay guardians, including descriptions of the following:
      (a) The different types of guardianships available under chapters 11.88 and 11.92 RCW;
      (b) The duties and responsibilities of guardians and limited guardians appointed by the court;
      (c) The court approval process for a guardian or limited guardian to receive reimbursement for expenses and other costs from an incapacitated person's estate; and
      (d) The certified professional guardian board and office of public guardianship.
      (3) Nothing in ((chapter 133, Laws of 1999 shall)) this section or RCW 43.190.065 may be construed to empower the state long-term care ombudsman or any local long-term care ombudsman with statutory or regulatory licensing or sanctioning authority."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Kastama moved that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5740 and ask the House to recede therefrom.

      Senator Kastama spoke in favor of the motion.

      The President declared the question before the Senate to be the motion by Senator Kastama that the Senate refuse to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5740 and ask the House to recede therefrom.

The motion by Senator Kastama carried and the Senate refused to concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5740 and asked the House to recede therefrom.

 

MESSAGE FROM THE HOUSE

 

April 7, 2011

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5067 with the following amendment(s): 5067-S AMH LWD ELGE 102

0)0)On page 3, after line 10 insert the following:

"Sec. 3.  RCW 18.27.370 and 2001 c 159 s 6 are each amended to read as follows:

      (1) If an unregistered contractor defaults in a payment, penalty, or fine due to the department, the director or the director's designee may issue a notice of assessment certifying the amount due.  The notice must be served upon the unregistered contractor by mailing the notice to the unregistered contractor by certified mail to the unregistered contractor's last known address or served in the manner prescribed for the service of a summons in a civil action.

      (2) A notice of assessment becomes final thirty days from the date the notice was served upon the unregistered contractor unless a written request for reconsideration is filed with the department or an appeal is filed in a court of competent jurisdiction in the manner specified in RCW 34.05.510 through 34.05.598.  The request for reconsideration must set forth with particularity the reason for the unregistered contractor's request.  The department, within thirty days after receiving a written request for reconsideration, may modify or reverse a notice of assessment, or may hold a notice of assessment in abeyance pending further investigation.  If a final decision of a court in favor of the department is not appealed within the time allowed by law, then the amount of the unappealed assessment, or such amount of the assessment as is found due by the final decision of the court, is final.

      (3) The director or the director's designee may file with the clerk of any county within the state, a warrant in the amount of the notice of assessment, plus interest, penalties, and a filing fee of twenty dollars.  The clerk of the county in which 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 unregistered contractor mentioned in the warrant, the amount of payment, penalty, fine due on it, or filing fee, and the date when the warrant was filed.  The aggregate amount of the warrant as docketed shall become a lien upon the title to, and interest in, all real and personal property of the unregistered contractor against whom the warrant is issued, the same as a judgment in a civil case docketed in the office of the clerk.  The sheriff shall proceed upon the warrant in all respects and with like effect as prescribed by law with respect to execution or other process issued against rights or property upon judgment in a court of competent jurisdiction.  The warrant so docketed is sufficient to support the issuance of writs of garnishment in favor of the state in a manner provided by law in case of judgment, wholly or partially unsatisfied.  The clerk of the court is entitled to a filing fee which will be added to the amount of the warrant.  A copy of the warrant shall be mailed to the unregistered contractor within three days of filing with the clerk.

      (4) The director or the director's designee may issue to any person, firm, corporation, other entity, municipal corporation, political subdivision of the state, a public corporation, or any agency of the state, a notice and order to withhold and deliver property of any kind whatsoever when he or she has reason to believe that there is in the possession of the person, firm, corporation, other entity, municipal corporation, political subdivision of the state, public corporation, or agency of the state, property that is or will become due, owing, or belonging to an unregistered contractor upon whom a notice of assessment has been served by the department for payments, penalties, or fines due to the department.  The effect of a notice and order is continuous from the date the notice and order is first made until the liability out of which the notice and order arose is satisfied or becomes unenforceable because of lapse of time.  The department shall release the notice and order when the liability out of which the notice and order arose is satisfied or becomes unenforceable by reason of lapse of time and shall notify the person against whom the notice and order was made that the notice and order has been released.

      The notice and order to withhold and deliver must be served by the sheriff of the county or by the sheriff's deputy, ((by certified mail, return receipt requested)) using a method by which the mailing can be tracked or the delivery can be confirmed, or by an authorized representative of the director.  A person, firm, corporation, other entity, municipal corporation, political subdivision of the state, public corporation, or agency of the state upon whom service has been made shall answer the notice within twenty days exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of in the notice and order.  Upon service of the notice and order, if the party served possesses any property that may be subject to the claim of the department, the party shall promptly deliver the property to the director or the director's authorized representative.  The director shall hold the property in trust for application on the unregistered contractor's indebtedness to the department, or for return without interest, in accordance with a final determination of a petition for review.  In the alternative, the party shall furnish a good and sufficient surety bond satisfactory to the director conditioned upon final determination of liability.  If a party served and named in the notice fails to answer the notice within the time prescribed in this section, the court may render judgment by default against the party for the full amount claimed by the director in the notice, together with costs.  If a notice is served upon an unregistered contractor and the property subject to it is wages, the unregistered contractor may assert in the answer all exemptions provided for by chapter 6.27 RCW to which the wage earner is entitled.

      (5) In addition to the procedure for collection of a payment, penalty, or fine due to the department as set forth in this section, the department may recover civil penalties imposed under this chapter in a civil action in the name of the department brought in a court of competent jurisdiction of the county where the violation is alleged to have occurred."

      Renumber the remaining sections consecutively and correct any internal references accordingly.

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Kohl-Welles moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5067.

      Senator Kohl-Welles spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Kohl-Welles that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5067.

The motion by Senator Kohl-Welles carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5067 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5067, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5067, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Parlette, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Excused: Senator Morton

SUBSTITUTE SENATE BILL NO. 5067, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

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

 

MOTION

 

Senator Regala moved adoption of the following resolution:

 

SENATE RESOLUTION

8657

 

By Senators Regala, Eide, Brown, Fraser, Shin, Hatfield, Hargrove, Sheldon, Murray, Prentice, Baxter, Swecker, Harper, Nelson, Tom, Haugen, Keiser, Conway, Kohl-Welles, Benton, McAuliffe, Chase, Kline, Carrell, Stevens, Parlette, Kilmer, Hobbs, Ranker, Rockefeller, White, Roach, Hill, Morton, Pflug, Fain, Holmquist Newbry, Becker, Honeyford, Litzow, Ericksen, Zarelli, Schoesler, and King

      WHEREAS, In 1979 President Jimmy Carter designated the month of April "National Child Abuse Prevention Month;" and in 1993, Washington became the first state in the nation to legislatively mandate a public education effort to help support parents in their understanding of how to cope with inconsolable crying; and

      WHEREAS, Our state has continued to work to advance knowledge, awareness, and support for parents to prevent Shaken Baby Syndrome and abusive head trauma; and

      WHEREAS, The most recent National Child Abuse and Neglect Data System (NCANDS) figures show that almost 700,000 children were victims of abuse and neglect in the United States in 2009; and while exact figures are not known Shaken Baby Syndrome is the leading cause of abuse with estimates of as many as 1,400 children nationally suffering from such abuse; and

      WHEREAS, Shaken Baby Syndrome is a totally preventable form of child abuse, caused by a caregiver losing control and shaking a baby who is usually under the age of two years; and

      WHEREAS, The effects of Shaken Baby Syndrome can include loss of vision, brain damage, paralysis, seizures, deafness, learning, and intellectual disabilities; and

      WHEREAS, The most effective solution for ending Shaken Baby Syndrome is education and prevention programs, which have demonstrated that educating new parents about the danger of shaking young children can bring about a significant reduction in the number of cases of Shaken Baby Syndrome; and

      WHEREAS, Efforts to prevent Shaken Baby Syndrome are supported by advocacy groups across the United States that were formed by parents and relatives of children who have been killed or injured by shaking, such as The Washington State Shaken Baby Prevention Task Force, whose mission is to educate the general public and professionals about Shaken Baby Syndrome utilizing evidence-based, affordable approaches that are easily accessible to families; and

      WHEREAS, The Washington State Legislature strongly supports efforts to protect children from abuse and neglect;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate honor the efforts of those who advocate on behalf of victims of Shaken Baby Syndrome during National Shaken Baby Awareness week, the third week in April, and encourage the people of Washington State to remember the victims of Shaken Baby Syndrome.

      Senators Regala and Eide spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8657.

The motion by Senator Regala carried and the resolution was adopted by voice vote.

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed and introduced Shaken Baby Syndrome survivors and family: Ty and Tara Mitchell, son Kyle; Carlene Cook, grandson Joshua; Denise Isings, grandmother of Kaden Ising; and Chris Jamieson, Acting Executive Director, Washington State Council for Children and Families who were seated in the gallery.

 

MOTION

 

At 11:50 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

 

AFTERNOON SESSION

 

The Senate was called to order at 1:33 p.m. by President Owen.

 

MOTION

 

On motion of Senator Eide, the Senate reverted to the fourth order of business.

 

MESSAGE FROM THE HOUSE

 

April 18, 2011

 

MR. PRESIDENT:

The Speaker has signed:

ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5000,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5021,

SECOND SUBSTITUTE SENATE BILL NO. 5034,

SENATE BILL NO. 5035,

SUBSTITUTE SENATE BILL NO. 5036,

SUBSTITUTE SENATE BILL NO. 5042,

ENGROSSED SENATE BILL NO. 5061,

SUBSTITUTE SENATE BILL NO. 5065,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5098,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5122,

SUBSTITUTE SENATE BILL NO. 5167,

SECOND ENGROSSED SUBSTITUTE SENATE BILL NO. 5171,

SENATE BILL NO. 5278,

SENATE BILL NO. 5367,

SENATE BILL NO. 5389,

SENATE BILL NO. 5480,

SENATE BILL NO. 5500,

SENATE BILL NO. 5526.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 18, 2011

 

MR. PRESIDENT:

The Speaker has signed:

HOUSE BILL NO. 1031,

SUBSTITUTE HOUSE BILL NO. 1133,

SUBSTITUTE HOUSE BILL NO. 1148,

HOUSE BILL NO. 1182,

SUBSTITUTE HOUSE BILL NO. 1218,

HOUSE BILL NO. 1225,

HOUSE BILL NO. 1358,

SUBSTITUTE HOUSE BILL NO. 1384,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1406,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1421,

SUBSTITUTE HOUSE BILL NO. 1453,

HOUSE BILL NO. 1454,

SUBSTITUTE HOUSE BILL NO. 1483,

HOUSE BILL NO. 1520,

SUBSTITUTE HOUSE BILL NO. 1524.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 18, 2011

 

MR. PRESIDENT:

The Speaker has signed:

HOUSE BILL NO. 1040,

SUBSTITUTE HOUSE BILL NO. 1237,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1634,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1636,

HOUSE BILL NO. 1640,

SUBSTITUTE HOUSE BILL NO. 1728,

SUBSTITUTE HOUSE BILL NO. 1822,

SUBSTITUTE HOUSE BILL NO. 1829,

SUBSTITUTE HOUSE BILL NO. 1854,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1886,

SUBSTITUTE HOUSE BILL NO. 1897,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1922,

SUBSTITUTE HOUSE BILL NO. 1933,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1967,

HOUSE JOINT MEMORIAL NO. 4004.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 18, 2011

 

MR. PRESIDENT:

The Speaker has signed:

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1041,

SUBSTITUTE HOUSE BILL NO. 1051,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1071,

SUBSTITUTE HOUSE BILL NO. 1136,

SUBSTITUTE HOUSE BILL NO. 1145,

SECOND SUBSTITUTE HOUSE BILL NO. 1163,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1183,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1186,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1202,

SUBSTITUTE HOUSE BILL NO. 1211,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1220,

SUBSTITUTE HOUSE BILL NO. 1254,

HOUSE BILL NO. 1290,

HOUSE BILL NO. 1306,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1309.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 18, 2011

 

MR. PRESIDENT:

The Speaker has signed:

HOUSE BILL NO. 1052,

SUBSTITUTE HOUSE BILL NO. 1061,

HOUSE BILL NO. 1106,

ENGROSSED HOUSE BILL NO. 1177,

HOUSE BILL NO. 1413,

HOUSE BILL NO. 1425,

HOUSE BILL NO. 1586,

SUBSTITUTE HOUSE BILL NO. 1600,

HOUSE BILL NO. 1698,

HOUSE BILL NO. 1726,

ENGROSSED HOUSE BILL NO. 1730,

HOUSE BILL NO. 1794,

HOUSE BILL NO. 1867,

SECOND SUBSTITUTE HOUSE BILL NO. 1909,

SUBSTITUTE HOUSE BILL NO. 1923.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 18, 2011

 

MR. PRESIDENT:

The Speaker has signed:

SUBSTITUTE HOUSE BILL NO. 1084,

SUBSTITUTE HOUSE BILL NO. 1089,

SUBSTITUTE HOUSE BILL NO. 1103,

HOUSE BILL NO. 1178,

HOUSE BILL NO. 1334,

SECOND SUBSTITUTE HOUSE BILL NO. 1405,

HOUSE BILL NO. 1407,

SUBSTITUTE HOUSE BILL NO. 1663,

SUBSTITUTE HOUSE BILL NO. 1718,

SUBSTITUTE HOUSE BILL NO. 1761,

SUBSTITUTE HOUSE BILL NO. 1783,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1789,

SUBSTITUTE HOUSE BILL NO. 1811,

SUBSTITUTE HOUSE BILL NO. 1858,

SUBSTITUTE HOUSE BILL NO. 1861,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1864,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1902.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 18, 2011

 

MR. PRESIDENT:

The Speaker has signed:

SUBSTITUTE HOUSE BILL NO. 1135,

SUBSTITUTE HOUSE BILL NO. 1170,

SUBSTITUTE HOUSE BILL NO. 1188,

SUBSTITUTE HOUSE BILL NO. 1257,

SUBSTITUTE HOUSE BILL NO. 1315,

SUBSTITUTE HOUSE BILL NO. 1328,

SUBSTITUTE HOUSE BILL NO. 1329,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1367,

ENGROSSED HOUSE BILL NO. 1409,

SUBSTITUTE HOUSE BILL NO. 1422,

SUBSTITUTE HOUSE BILL NO. 1431,

HOUSE BILL NO. 1455,

HOUSE BILL NO. 1465,

SUBSTITUTE HOUSE BILL NO. 1467,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1494.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MESSAGE FROM THE HOUSE

 

April 18, 2011

 

MR. PRESIDENT:

The Speaker has signed:

HOUSE BILL NO. 1473,

HOUSE BILL NO. 1479,

SUBSTITUTE HOUSE BILL NO. 1485,

SUBSTITUTE HOUSE BILL NO. 1493,

SUBSTITUTE HOUSE BILL NO. 1502,

SUBSTITUTE HOUSE BILL NO. 1506,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1509,

ENGROSSED HOUSE BILL NO. 1517,

HOUSE BILL NO. 1521,

SUBSTITUTE HOUSE BILL NO. 1538,

SUBSTITUTE HOUSE BILL NO. 1567,

HOUSE BILL NO. 1582,

SUBSTITUTE HOUSE BILL NO. 1697,

SUBSTITUTE HOUSE BILL NO. 1710,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1716,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1721,

HOUSE BILL NO. 1770,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1776.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

On motion of Senator Eide, the Senate advanced to the sixth order of business.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Hewitt moved that Gubernatorial Appointment No. 9098, Roland Schirman, as a member, Board of Trustees, Walla Walla Community College District No. 20, be confirmed.

      Senator Hewitt spoke in favor of the motion.

 

MOTION

 

On motion of Senator Ericksen, Senators Benton, Parlette, Pflug, Roach and Swecker were excused.

 

MOTION

 

On motion of Senator White, Senator Hobbs was excused.

 

APPOINTMENT OF ROLAND SCHMITTEN

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9098, Roland Schirman as a member, Board of Trustees, Walla Walla Community College District No. 20.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9098, Roland Schirman as a member, Board of Trustees, Walla Walla Community College District No. 20 and the appointment was confirmed by the following vote:  Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Pflug, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Tom, White and Zarelli

      Absent: Senators Kline and Prentice

      Excused: Senators Morton, Parlette and Swecker

Gubernatorial Appointment No. 9098, Roland Schirman, having received the constitutional majority was declared confirmed as a member, Board of Trustees, Walla Walla Community College District No. 20.

 

MOTION

 

On motion of Senator Eide, Senators Kline and Prentice were excused.

 

SECOND READING

CONFIRMATION OF GUBERNATORIAL APPOINTMENTS

 

MOTION

 

      Senator Brown moved that Gubernatorial Appointment No. 9087, Bridget Piper, as a member of the Board of Trustees, Spokane and Spokane Falls Community Colleges District No. 17, be confirmed.

      Senator Brown spoke in favor of the motion.

 

APPOINTMENT OF BRIDGET PIPER

 

The President declared the question before the Senate to be the confirmation of Gubernatorial Appointment No. 9087, Bridget Piper as a member of the Board of Trustees, Spokane and Spokane Falls Community Colleges District No. 17.

 

      The Secretary called the roll on the confirmation of Gubernatorial Appointment No. 9087, Bridget Piper as a member of the Board of Trustees, Spokane and Spokane Falls Community Colleges District No. 17 and the appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Pflug, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Excused: Senators Morton, Parlette and Prentice

 Gubernatorial Appointment No. 9087, Bridget Piper, having received the constitutional majority was declared confirmed as a member of the Board of Trustees, Spokane and Spokane Falls Community Colleges District No. 17.

 

SIGNED BY THE PRESIDENT

 

The President signed:

HOUSE BILL NO. 1031,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1041,

SUBSTITUTE HOUSE BILL NO. 1051,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1071,

SUBSTITUTE HOUSE BILL NO. 1084,

SUBSTITUTE HOUSE BILL NO. 1089,

SUBSTITUTE HOUSE BILL NO. 1103,

SUBSTITUTE HOUSE BILL NO. 1133,

SUBSTITUTE HOUSE BILL NO. 1135,

SUBSTITUTE HOUSE BILL NO. 1136,

SUBSTITUTE HOUSE BILL NO. 1145,

SUBSTITUTE HOUSE BILL NO. 1148,

SECOND SUBSTITUTE HOUSE BILL NO. 1163,

SUBSTITUTE HOUSE BILL NO. 1170,

HOUSE BILL NO. 1178,

HOUSE BILL NO. 1182,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1183,

SUBSTITUTE HOUSE BILL NO. 1188,

SUBSTITUTE HOUSE BILL NO. 1218,

HOUSE BILL NO. 1225,

SUBSTITUTE HOUSE BILL NO. 1257,

SUBSTITUTE HOUSE BILL NO. 1315,

SUBSTITUTE HOUSE BILL NO. 1328,

SUBSTITUTE HOUSE BILL NO. 1329,

HOUSE BILL NO. 1334,

HOUSE BILL NO. 1358,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1367,

SUBSTITUTE HOUSE BILL NO. 1384,

SECOND SUBSTITUTE HOUSE BILL NO. 1405,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1406,

HOUSE BILL NO. 1407,

ENGROSSED HOUSE BILL NO. 1409,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1421,

SUBSTITUTE HOUSE BILL NO. 1422,

SUBSTITUTE HOUSE BILL NO. 1431,

SUBSTITUTE HOUSE BILL NO. 1453,

HOUSE BILL NO. 1454,

HOUSE BILL NO. 1455,

HOUSE BILL NO. 1465,

SUBSTITUTE HOUSE BILL NO. 1467,

SUBSTITUTE HOUSE BILL NO. 1483,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1494,

HOUSE BILL NO. 1520,

SUBSTITUTE HOUSE BILL NO. 1524,

SUBSTITUTE HOUSE BILL NO. 1663,

SUBSTITUTE HOUSE BILL NO. 1718,

SUBSTITUTE HOUSE BILL NO. 1761,

SUBSTITUTE HOUSE BILL NO. 1783,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1789,

SUBSTITUTE HOUSE BILL NO. 1811,

SUBSTITUTE HOUSE BILL NO. 1858,

SUBSTITUTE HOUSE BILL NO. 1861,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1864,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1902.

 

SIGNED BY THE PRESIDENT

 

The President signed:

HOUSE BILL NO. 1040,

HOUSE BILL NO. 1052,

SUBSTITUTE HOUSE BILL NO. 1061,

HOUSE BILL NO. 1106,

ENGROSSED HOUSE BILL NO. 1177,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1186,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1202,

SUBSTITUTE HOUSE BILL NO. 1211,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1220,

SUBSTITUTE HOUSE BILL NO. 1237,

SUBSTITUTE HOUSE BILL NO. 1254,

HOUSE BILL NO. 1290,

HOUSE BILL NO. 1306,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1309,

HOUSE BILL NO. 1413,

HOUSE BILL NO. 1425,

HOUSE BILL NO. 1473,

HOUSE BILL NO. 1479,

SUBSTITUTE HOUSE BILL NO. 1485,

SUBSTITUTE HOUSE BILL NO. 1493,

SUBSTITUTE HOUSE BILL NO. 1502,

SUBSTITUTE HOUSE BILL NO. 1506,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1509,

ENGROSSED HOUSE BILL NO. 1517,

HOUSE BILL NO. 1521,

SUBSTITUTE HOUSE BILL NO. 1538,

SUBSTITUTE HOUSE BILL NO. 1567,

HOUSE BILL NO. 1582,

HOUSE BILL NO. 1586,

SUBSTITUTE HOUSE BILL NO. 1600,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1634,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1636,

HOUSE BILL NO. 1640,

SUBSTITUTE HOUSE BILL NO. 1697,

HOUSE BILL NO. 1698,

SUBSTITUTE HOUSE BILL NO. 1710,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1716,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1721,

HOUSE BILL NO. 1726,

SUBSTITUTE HOUSE BILL NO. 1728,

ENGROSSED HOUSE BILL NO. 1730,

HOUSE BILL NO. 1770,

ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1776,

HOUSE BILL NO. 1794,

SUBSTITUTE HOUSE BILL NO. 1822,

SUBSTITUTE HOUSE BILL NO. 1829,

SUBSTITUTE HOUSE BILL NO. 1854,

HOUSE BILL NO. 1867,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1886,

SUBSTITUTE HOUSE BILL NO. 1897,

SECOND SUBSTITUTE HOUSE BILL NO. 1909,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1922,

SUBSTITUTE HOUSE BILL NO. 1923,

SUBSTITUTE HOUSE BILL NO. 1933,

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1967,

HOUSE JOINT MEMORIAL NO. 4004.

 

MOTION

 

At 1:52 p.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

 

The Senate was called to order at 3:13 p.m. by President Owen.

 

MOTION

 

On motion of Senator Eide, the Senate reverted to the fourth order of business.

 

MESSAGE FROM THE HOUSE

 

April 7, 2011

 

MR. PRESIDENT:

The House passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5485 with the following amendment(s): 5485-S.E AMH ENGR H2434.E

0)0)Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1)(a) The University of Washington, led by the college of built environments, and Washington State University, led by the college of engineering and architecture, shall conduct a review of other states' existing building codes, international standards, peer-reviewed research, and models and tools of life-cycle assessment, embodied energy, and embodied carbon in building materials.

      (b) This review must identify:

      (i) If the standards and models are developed according to a recognized consensus-based process;

      (ii) If the standards and models could be implemented as part of building standards or building codes; and

      (iii) The scope of life-cycle accounting that the standards and models address.

      (2)(a) By September 1, 2012, the University of Washington and Washington State University shall submit a report to the legislature consistent with RCW 43.01.036.  In addition to providing the data required in subsection (1) of this section, the report must include recommendations to the legislature for methodologies to:

      (i) Determine if a standard, model, or tool using life-cycle assessment can be sufficiently developed to be incorporated into the state building code;

      (ii) Develop a comprehensive guideline using common and consistent metrics for the embodied energy, carbon, and life-cycle accounting of building materials; and

      (iii) Incorporate into every project the ongoing monitoring, verification, and reporting of a high performance public building's actual performance over its life cycle.

      (b) The report must include a list of any journal articles, study summaries, and other scientific information reviewed by the University of Washington and Washington State University in the development of the report and the information relied upon by the University of Washington and Washington State University in finalizing the report required under (a) of this subsection.

      (c) When developing its recommendations under this section, the University of Washington and Washington State University shall seek input from organizations representing design and construction professionals, academics, building materials industries, and life-cycle assessment experts.

      (3) For the purposes of this section, "life-cycle assessment" means manufacturing, construction, operation, and disposal of products used in the construction of buildings from cradle to grave.

NEW SECTION.  Sec. 2.  (1)(a) By December 1, 2012, the department of general administration shall make recommendations to the legislature, consistent with RCW 43.01.036, for streamlining current statutory requirements for life-cycle cost analysis, energy conservation in design, and high performance of public buildings.

      (b) The department of general administration shall make recommendations on what statutory revisions, if any, are needed to the state's energy life-cycle cost analysis to account for comprehensive life-cycle impacts of carbon emissions.

      (2) In making its recommendations to the legislature under subsection (1) of this section, the department of general administration shall use the report prepared by the University of Washington and Washington State University under section 1 of this act.

NEW SECTION.  Sec. 3.  If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2011, in the omnibus appropriations act, this act is null and void."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Rockefeller moved that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5485.

      Senators Rockefeller and Hargrove spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Rockefeller that the Senate concur in the House amendment(s) to Engrossed Substitute Senate Bill No. 5485.

The motion by Senator Rockefeller carried and the Senate concurred in the House amendment(s) to Engrossed Substitute Senate Bill No. 5485 by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Substitute Senate Bill No. 5485, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5485, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Excused: Senators Morton and Parlette

ENGROSSED SUBSTITUTE SENATE BILL NO. 5485, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 6, 2011

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5502 with the following amendment(s): 5502-S AMH ENGR H2408.E

0)0)Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 46.72A.010 and 1996 c 87 s 4 are each amended to read as follows:

      The legislature finds and declares that privately operated limousine transportation service is a vital part of the transportation system within the state and provides prearranged transportation services to state residents, tourists, and out-of-state business people.  Consequently, the safety, reliability, and stability of privately operated limousine transportation services are matters of statewide importance.  The regulation of privately operated limousine transportation services is thus an essential governmental function.  Therefore, it is the intent of the legislature to permit the department and a port district in a county with a population of one million or more to regulate limousine transportation services without liability under federal antitrust laws.  It is further the intent of the legislature to authorize a city with a population of five hundred thousand or more to enforce this chapter through a joint agreement with the department, and to direct the department to provide annual funding from limousine regulation-related fees that provide sufficient funds to such a city to provide delegated enforcement.

Sec. 2.  RCW 46.72A.020 and 1996 c 87 s 5 are each amended to read as follows:

      ((All limousine carriers must operate from a main office and may have satellite offices.  However, no office may be solely in a vehicle of any type.  All arrangements for the carrier's services must be made through its offices and dispatched to the carrier's vehicles.))

(1) Contact by a customer or customer's agent to engage the services of a carrier's limousine must be initiated by a customer or customer's agent at a time and place different from the customer's time and place of departure.  The fare for service must be agreed upon prior to departure.  Under no circumstances may customers or customers' agents make arrangements ((for immediate rental of a carrier's vehicle with the driver of the vehicle)) to immediately engage the services of a carrier's limousine with the chauffeur, even if the ((driver)) chauffeur is an owner or officer of the company, with the single exception of stand-hail limousines only at a facility owned and operated by a port district in a county with a population of one million or more that are licensed and restricted by the rules and policies set forth by the port district.

(2) At the time of the conduct of the commercial limousine business, the chauffeur of a limousine and the limousine carrier business must possess written or electronic records substantiating the prearrangement of the carrier's services for any customer carried for compensation, except for vehicles meeting the requirements of the exception for stand-hail limousines described in subsection (1) of this section.  Limousine carriers and limousine chauffeurs operating as an independent business must list a physical address on their master business license where records substantiating the prearrangement of the carrier's services may be reviewed by an enforcement officer.  A limousine carrier must retain these records for a minimum of one calendar year, and failure to do so is a class 3 civil infraction against the carrier for each record that is missing or fails to include all of the information described in rules adopted under subsection (4) of this section.
      (3) Limousine carriers and limousine chauffeurs operating as an independent business must list a telephone or pager number that is used to prearrange the carrier's services for any customer carried for compensation.
      (4) The department shall adopt rules specifying the content and retention schedule of the records required for compliance with subsection (2) of this section.
      (5) The failure of a chauffeur who is operating a limousine to immediately provide, on demand by an enforcement officer, written or electronic records required by the department substantiating the prearrangement of the carrier's services for any customer carried for compensation, except for limousines meeting the requirements of the exception for stand-hail limousines described in subsection (1) of this section, is a class 2 civil infraction and is subject to monetary penalties under RCW 7.80.120.  It is a class 1 civil infraction for a repeat offense under this subsection during the same calendar year.
      (6) The department shall define by rule conditions under which a chauffeur is considered to be operating a limousine, including when the limousine is parked in a designated passenger load zone.

Sec. 3.  RCW 46.72A.030 and 1996 c 87 s 6 are each amended to read as follows:

      (1) The department, in conjunction with the Washington state patrol, shall regulate limousine carriers with respect to entry, safety of equipment, chauffeur qualifications, and operations.  The department shall adopt rules and require such reports as are necessary to carry out this chapter.  The department may develop penalties for failure to comply with this section.

      (2) In addition, a port district in a county with a population of one million or more may regulate limousine carriers with respect to entry, safety of equipment, chauffeur qualifications, and operations.  The county in which the port district is located may adopt ordinances and rules to assist the port district in enforcement of limousine regulations only at port facilities.  In no event may this be construed to grant the county the authority to regulate limousines within its jurisdiction.  The port district may not set limousine rates, but the limousine carriers shall file their rates and schedules with the port district if requested.

      (3) The department, a port district in a county with a population of at least one million, or a county in which the port district is located may enter into cooperative agreements for the joint regulation of limousines.

      (4) The department and a city with a population of five hundred thousand or more may enter into cooperative agreements as provided in section 12 of this act, subject to the limitations set forth in RCW 46.72A.130.
      (5) The Washington state patrol shall annually conduct a vehicle inspection of each limousine licensed under this chapter, except when a port district ((regulates)), or a city with a population of five hundred thousand or more, enforces limousine carrier((s)) regulations under subsection (2) or (4) of this section, that port district or county in which the port (([district])) district is located ((shall)), or a city with a population of five hundred thousand or more, may conduct the annual limousine vehicle inspection and random limousine vehicle inspections in conjunction with limousine regulation enforcement activities, provided that the inspection criteria and fees are substantially the same regardless of the authority conducting the inspection.  Random limousine vehicle inspections may not be conducted while the limousine contains customers.  The state patrol, the city, or the port district((, or the county)) conducting the annual limousine vehicle inspection may impose an annual vehicle inspection fee and reinspection fee.  A carrier must pay a reinspection fee if a limousine fails inspection for compliance with vehicle standards and is reinspected.  If the limousine passes the first reinspection within thirty days of failing the original inspection, all of the reinspection fee must be refunded to the carrier.  However, refunds are not available for subsequent reinspections.  While a limousine is licensed by the department for commercial limousine use, failure to comply with vehicle inspection standards, established by the department by rule, is a class 3 civil infraction against the carrier, with monetary penalties against the carrier as specified in RCW 7.80.120, for each violation of a safety requirement.  It is a class 4 civil infraction for each violation of other vehicle standards, with monetary penalties against the carrier as specified in RCW 7.80.120, and the limousine vehicle certificate must be summarily suspended until safety violations of vehicle standards are corrected and the limousine is reinspected.

Sec. 4.  RCW 46.72A.040 and 1996 c 87 s 7 are each amended to read as follows:

      Except when a port district regulates limousine carriers under RCW 46.72A.030 or a city with a population of five hundred thousand or more is authorized under section 12 of this act to enforce state laws or rules applicable to limousine carriers, limousines, and chauffeurs, subject to the limitations set forth in section 12 of this act, the state of Washington fully occupies and preempts the entire field of regulation over limousine carriers as regulated by this chapter.  Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to limousine carriers that are consistent with this chapter.

Sec. 5.  RCW 46.72A.050 and 1996 c 87 s 8 are each amended to read as follows:

(1) No limousine carrier may operate a limousine upon the highways of this state without first ((obtaining a business license from the department.  The applicant shall forward an application for a business license to the department along with a fee established by rule.  Upon approval of the application, the department shall issue a business license and unified business identifier authorizing the carrier to operate limousines upon the highways of this state)) being properly registered as a business in Washington and having been issued a unified business identifier.

(2) In addition, a limousine carrier shall ((annually)) obtain((, upon payment of the appropriate fee,)) from the department a limousine carrier license for the business and a ((vehicle)) limousine vehicle certificate for each limousine operated by the carrier.  The limousine carrier license and limousine vehicle certificates must be renewed through the department annually or as may be required by the department.  The department shall establish by rule the procedure for obtaining, and the fees for, the limousine carrier license and limousine vehicle certificate.  It is a class 1 civil infraction, with monetary penalties against the carrier as specified in RCW 7.80.120, for each day that a limousine is operated without a valid limousine carrier license or valid limousine vehicle certificate required under this subsection.

Sec. 6.  RCW 46.72A.060 and 2003 c 53 s 251 are each amended to read as follows:

      (1) The department shall require limousine carriers to obtain and continue in effect, liability and property damage insurance from a company licensed to sell liability insurance in this state for each limousine used to transport persons for compensation.

      (2) The department shall fix ((the amount of)) by rule coverages and limits, and prohibit provisions that limit coverage, for the insurance policy or policies, giving consideration to the character and amount of traffic, the number of persons affected, and the degree of danger that the proposed operation involves.  The limousine carrier must maintain the liability and property damage insurance in force on each ((motor-propelled vehicle while so used)) limousine while licensed by the department.

      (3) Failure to file and maintain in effect the insurance required under this section is a gross misdemeanor and the limousine vehicle certificate must be summarily suspended.  It is a class 1 civil infraction, with monetary penalties against the carrier as specified in RCW 7.80.120, for each day that a carrier operates a limousine with a summarily suspended limousine vehicle certificate.

Sec. 7.  RCW 46.72A.080 and 1997 c 193 s 1 are each amended to read as follows:

      (1) No limousine carrier may advertise without listing the carrier's unified business identifier issued by the department in the advertisement and specifying the type of service offered as provided in RCW 46.04.274.  No limousine carrier may advertise or hold itself out to the public as providing taxicab transportation services.

      (2) All advertising, contracts, correspondence, cards, signs, posters, papers, and documents that show a limousine carrier's name or address shall list the carrier's unified business identifier and the type of service offered.  The alphabetized listing of limousine carriers appearing in the advertising sections of telephone books or other directories and all advertising that shows the carrier's name or address must show the carrier's current unified business identifier.

      (3) Advertising in the alphabetical listing in a telephone directory need not contain the carrier's certified business identifier.

      (4) ((Advertising by electronic transmission need not contain the carrier's unified business identifier if the carrier provides it to the person selling the advertisement and it is recorded in the advertising contract.
      (5))) It is a ((gross misdemeanor)) violation, subject to a fine of up to five thousand dollars per violation, for a person to (a) falsify a unified business identifier or use a false or inaccurate unified business identifier; (b) fail to specify the type of service offered; ((or)) (c) advertise or otherwise hold itself out to the public as providing taxicab transportation services in connection with a solicitation or identification as an authorized limousine carrier; or (d) conduct commercial limousine business without a valid limousine carrier license or valid limousine vehicle certificate as required under this chapter, unless licensed as a charter party carrier under chapter 81.70 RCW.

(5) If the basis for the violation is advertising, each advertisement reproduced, broadcast, or displayed via a particular medium constitutes a separate violation.
      (6) In deciding the amount of penalty to be imposed per violation, the department shall consider the following factors:
      (a) The carrier's willingness to comply with the department's rules under this chapter; and
      (b) The carrier's history with respect to compliance with this section.
      (7) It is a class 1 civil infraction, with monetary penalties against the chauffeur as specified in RCW 7.80.120, for a chauffeur to:
      (a) Solicit or assign customers directly or through a third party for immediate, nonprearranged limousine service pick up as described in section 2(1) of this act; or
      (b) Offer payment to a third party to solicit customers for limousine service pick up without current copies of a written contract regarding such services on file at the third party's business.  Copies of the current written contract must be stored and made available on both the third party's and limousine carrier's business premises.  Limousine vehicles engaged in the services detailed in the contract must carry a certificate verifying existence of a current contract between the parties.  The certificate must contain a general description of the agreement, including initial and expiration dates.  A written contract may not allow for immediate, nonprearranged limousine service pick up.
      (8) It is a class 1 civil infraction, with monetary penalties against the individual as specified in RCW 7.80.120, for an individual to:
      (a) Accept payment to solicit or assign customers on the behalf of a chauffeur for immediate, nonprearranged limousine service pick up as described in section 2(1) of this act; or
      (b) Accept payment to solicit customers for limousine service pick up without current copies of a written contract regarding such services on file at the third party's business.  Copies of the current written contract must be stored and made available on the third party's business premises and in any limousine engaged in the services detailed in the contract.  A written contract may not allow for immediate, nonprearranged limousine service pick up.

Sec. 8.  RCW 46.72A.090 and 1996 c 87 s 12 are each amended to read as follows:

(1) The limousine carrier shall ((certify)), before a chauffeur operates a limousine, provide proof in a form approved by the department to the appropriate regulating authority that each chauffeur hired to operate a limousine meets the following criteria administered or monitored by the department or an authority approved by the department:  (((1))) (a) Is at least twenty-one years of age; (((2))) (b) holds a valid Washington state driver's license; (((3))) (c) has successfully completed a training course approved by the department; (((4))) (d) has successfully passed a written examination which, to the greatest extent practicable, the department must administer in the applicant's language of preference; (((5))) (e) has successfully completed a background check performed by the Washington state patrol or a credentialing authority approved by the department that meets standards adopted by rule by the department; (f) has passed an initial test and is participating in a random testing program designed to detect the presence of any controlled substances determined by the department; (g) has a satisfactory driving record that meets moving accident and moving violation conviction standards adopted by rule by the department; and (((6))) (h) has submitted a medical certificate certifying the individual's fitness as a chauffeur.  Upon initial application and every ((three)) two years thereafter, a chauffeur must file a physician's certification with the limousine carrier validating the individual's fitness to drive a limousine.  The department shall determine by rule the scope of the examination and standards for denial based upon the chauffeur's physical examination.  The director may require a chauffeur to ((be reexamined at any time)) undergo an additional controlled substance test or physical examination if the chauffeur has failed a controlled substance test or his or her physical fitness has been called into question.

(2)The limousine carrier shall keep on file and make available for inspection all documents required by this section.

Sec. 9.  RCW 46.72A.100 and 2002 c 86 s 295 are each amended to read as follows:

      The director may impose any of the sanctions specified in RCW 18.235.110 for unprofessional conduct as described in RCW 18.235.130 or if one of the following is true of a chauffeur hired to drive a limousine, including where such a chauffeur is also the carrier:  (1) The person has been convicted of an offense of such a nature as to indicate that he or she is unfit to qualify as a chauffeur; (2) the person is guilty of committing ((two or more)) an offense((s)) for which mandatory revocation of a driver's license is provided by law; (3) the person has been convicted of vehicular homicide or vehicular assault; (4) the person is intemperate or addicted to narcotics; or (5) the person, while participating in a random testing program designed to detect the presence of any controlled substances determined by the department under RCW 46.72A.090, is found to have taken one of the controlled substances determined by the department without a valid and current prescription from a licensed physician.

Sec. 10.  RCW 46.72A.120 and 1996 c 87 s 15 are each amended to read as follows:

      The department may adopt and enforce such rules, including the setting of fees, as may be consistent with and necessary to carry out this chapter.  The fees must approximate the cost of administration. Any fee related to limousine vehicle certificates must not exceed seventy-five dollars.  Any fee related to a limousine carrier license for a business must not exceed three hundred fifty dollars.  Any fee related to limousine vehicle inspections must not exceed twenty-five dollars.

Sec. 11.  RCW 46.72A.140 and 2002 c 86 s 296 are each amended to read as follows:

      The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter by the department.

NEW SECTION.  Sec. 12.  A new section is added to chapter 46.72A RCW to read as follows:

      (1) The department may enter into cooperative agreements with cities with populations of five hundred thousand or more for the purpose of enforcing state laws or rules applicable to limousine carriers and chauffeurs.  This power to enforce includes the right to adopt local limousine laws by city ordinance that are consistent with this chapter and the right to impose monetary penalties by civil infraction as provided in this chapter.

      (2) In addition, the following specific authority and limitations to city enforcement must be included:

      (a) City enforcement officers may conduct street enforcement activity consistent with this chapter;

      (b) City enforcement officers may conduct inspections of limousines to verify compliance with limousine standards adopted by rule by the department and, if the carrier requests, conduct annual limousine vehicle inspections in lieu of an inspection conducted by the Washington state patrol.  The city may receive all limousine inspection or reinspection fees for inspections conducted by city enforcement officers;

      (c) A city may require that any limousine carrier dispatching a limousine to pick up passengers within the incorporated area of the city to maintain on file with the city insurance documents that meet the requirements adopted by rule by the department.  The city may issue civil infractions to carriers and summarily suspend limousine vehicle certificates for failure to maintain on file valid insurance documents with the city.

      (3) A cooperative agreement with the department for delegated enforcement must specify the schedule and amount of funds derived from limousine carrier license, limousine vehicle certificate, and chauffeur license fee revenue to be provided to the city to allow the city to provide the agreed upon level of enforcement.  In addition, the cooperative agreement must restrict the fee revenue use by a city to the costs of enforcing state laws or rules applicable to limousine carriers and chauffeurs.

NEW SECTION.  Sec. 13.  The department of licensing shall convene an internal work group regarding the issuance of chauffeur licenses.  The department shall provide a report on its recommendations on this issue to the transportation committees of the legislature by November 15, 2012.

NEW SECTION.  Sec. 14.  A new section is added to chapter 46.72A RCW to read as follows:

      (1) The limousine carriers account is created in the state treasury.  Notwithstanding any other provision of law, all receipts from each civil infraction and violation imposed by this chapter must be deposited into the account.  Moneys in the account must be spent only after appropriation.

      (2) Expenditures from the account may be used only for regulation and enforcement under this chapter, including regulation and enforcement through a cooperative agreement as described in section 12 of this act.

NEW SECTION.  Sec. 15.  Sections 1 through 12 of this act take effect January 1, 2012.

NEW SECTION.  Sec. 16.  Section 14 of this act takes effect July 1, 2012."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator White moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5502.

      Senator White spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator White that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5502.

The motion by Senator White carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5502 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5502, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5502, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 35; Nays, 11; Absent, 1; Excused, 2.

      Voting yea: Senators Brown, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Pflug, Prentice, Pridemore, Ranker, Regala, Rockefeller, Sheldon, Shin, Swecker, Tom and White

      Voting nay: Senators Baumgartner, Baxter, Becker, Benton, Carrell, Holmquist Newbry, Honeyford, Roach, Schoesler, Stevens and Zarelli

      Absent: Senator Hargrove

      Excused: Senators Morton and Parlette

SUBSTITUTE SENATE BILL NO. 5502, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

On motion of Senator White, Senator Hargrove was excused.

 

MESSAGE FROM THE HOUSE

 

April 1, 2011

 

MR. PRESIDENT:

The House passed ENGROSSED SENATE BILL NO. 5505 with the following amendment(s): 5505.E AMH LG EMER 074

0)0)On page 6, after line 4, insert the following:

"NEW SECTION. Sec. 3.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Hill moved that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5505.

      Senators Hill and Pridemore spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Hill that the Senate concur in the House amendment(s) to Engrossed Senate Bill No. 5505.

The motion by Senator Hill carried and the Senate concurred in the House amendment(s) to Engrossed Senate Bill No. 5505 by voice vote.

The President declared the question before the Senate to be the final passage of Engrossed Senate Bill No. 5505, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5505, as amended by the House, and the bill passed the Senate by the following vote:  Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Excused: Senators Morton and Parlette

ENGROSSED SENATE BILL NO. 5505, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 5, 2011

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5525 with the following amendment(s): 5525-S AMH WAYS H2501.1

0)0)Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 39.100.010 and 2007 c 266 s 2 are each amended to read as follows:

      The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Benefit zone" means the geographic zone from which taxes are to be appropriated to finance public improvements authorized under this chapter and in which a hospital that has received a certificate of need is to be constructed.

      (2) "Department" means the department of revenue.

      (3) "Local government" means any city, town, county, or any combination thereof.

      (4) "Ordinance" means any appropriate method of taking legislative action by a local government.

      (5) "Participating taxing authority" means a taxing authority that has entered into a written agreement with a local government for the use of hospital benefit zone financing to the extent of allocating excess local excise taxes to the local government for the purpose of financing all or a portion of the costs of designated public improvements.

      (6) "Public improvements" means:
      (a) Infrastructure improvements within the benefit zone that include:

      (((a))) (i) Street and road construction and maintenance;

      (((b))) (ii) Water and sewer system construction and improvements;

      (((c))) (iii) Sidewalks and streetlights;

      (((d))) (iv) Parking, terminal, and dock facilities;

      (((e))) (v) Park and ride facilities of a transit authority;

      (((f))) (vi) Park facilities and recreational areas; and

      (((g))) (vii) Storm water and drainage management systems; and
      (b) The construction, maintenance, and improvement of state highways that are connected to the benefit zone, including interchanges connected to the benefit zone.

      (7) "Public improvement costs" means the costs of:  (a) Design, planning, acquisition including land acquisition, site preparation including land clearing, construction, reconstruction, rehabilitation, improvement, and installation of public improvements; (b) demolishing, relocating, maintaining, and operating property pending construction of public improvements; (c) relocating utilities as a result of public improvements; and (d) financing public improvements, including interest during construction, legal and other professional services, taxes, insurance, principal and interest costs on indebtedness issued to finance public improvements, and any necessary reserves for indebtedness; and administrative expenses and feasibility studies reasonably necessary and related to these costs, including related costs that may have been incurred before adoption of the ordinance authorizing the public improvements and the use of hospital benefit zone financing to fund the costs of the public improvements.

      (8) "Tax allocation revenues" means those tax revenues derived from the receipt of excess local excise taxes under RCW 39.100.050 and distributed by a local government, participating taxing authority, or both, to finance public improvements.

      (9) "Taxing authority" means a governmental entity that imposes a sales or use tax under chapter 82.14 RCW upon the occurrence of any taxable event within a proposed or approved benefit zone.

Sec. 2.  RCW 39.100.020 and 2007 c 266 s 3 are each amended to read as follows:

      A local government may finance public improvements using hospital benefit zone financing subject to the following conditions:

      (1)(a) The local government adopts an ordinance designating a benefit zone within its boundaries and specifying the public improvements proposed to be financed in whole or in part with the use of hospital benefit zone financing;

(b) A local government may modify the public improvements to be financed in whole or in part with the use of hospital benefit zone financing by amending the ordinance adopted under (a) of this subsection and holding a public hearing consistent with RCW 39.100.030(1)(b); provided that the total cost of the public improvements is not increased;

      (2) The public improvements proposed to be financed in whole or in part using hospital benefit zone financing are expected both to encourage private development within the benefit zone and to support the development of a hospital that has received a certificate of need;

      (3) Private development that is anticipated to occur within the benefit zone, as a result of the public improvements, will be consistent with the countywide planning policy adopted by the county under RCW 36.70A.210 and the local government's comprehensive plan and development regulations adopted under chapter 36.70A RCW;

      (4) The governing body of the local government finds that the public improvements proposed to be financed in whole or in part using hospital benefit zone financing are reasonably likely to:

      (a) Increase private investment within the benefit zone;

      (b) Increase employment within the benefit zone; and

      (c) Generate, over the period of time that the local sales and use tax will be imposed under RCW 82.14.465, excess state excise taxes that are equal to or greater than the state contributions made under this chapter;

      (5) The boundaries of a hospital benefit zone may not overlap any part of the boundaries of another hospital benefit zone or a revenue development area defined in chapter 39.102 RCW; and

      (6) The boundaries of a hospital benefit zone may not change once the hospital benefit zone is established and approved by the department.

Sec. 3.  RCW 82.14.465 and 2009 c 535 s 1109 are each amended to read as follows:

      (1) A city, town, or county that creates a benefit zone and finances public improvements pursuant to chapter 39.100 RCW may impose a sales and use tax in accordance with the terms of this chapter and subject to the criteria set forth in this section.  Except as provided in this section, the tax is in addition to other taxes authorized by law and ((shall)) 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 jurisdiction of the city, town, or county.  The rate of tax ((shall)) may not exceed the rate provided in RCW 82.08.020(1) in the case of a sales tax or a use tax, less the aggregate rates of any other taxes imposed on the same events that are credited against the state taxes imposed under chapters 82.08 and 82.12 RCW.  The tax rate ((shall)) may be no higher than what is reasonably necessary for the local government to receive its entire annual state contribution in a ten-month period of time.

      (2) The tax imposed under subsection (1) of this section ((shall)) must be deducted from the amount of tax otherwise required to be collected or paid over to the department under chapter 82.08 or 82.12 RCW.  The department ((shall)) must perform the collection of such taxes on behalf of the city, town, or county at no cost to the city, town, or county.

      (3) No tax may be imposed under this section before July 1, 2007.  Before imposing a tax under this section, the city, town, or county shall first have received tax allocation revenues during the preceding calendar year.  The tax imposed under this section ((shall)) expires on the earlier of the date:  (a) The tax allocation revenues are no longer used for public improvements and public improvement costs; (b) the bonds issued ((under the authority of chapter 39.100 RCW are retired)) to finance or refinance the improvements are no longer outstanding, if the bonds are issued; or (c) that is thirty years after the tax is first imposed.

      (4) An ordinance adopted by the legislative authority of a city, town, or county imposing a tax under this section ((shall)) must provide that:

      (a) The tax ((shall)) is first ((be)) imposed on the first day of a fiscal year;

      (b) The amount of tax received by the local government in any fiscal year ((shall)) may not exceed the amount of the state contribution;

      (c) The tax ((shall)) must cease to be distributed for the remainder of any fiscal year in which either:

      (i) The amount of tax distributions totals the amount of the state contribution;

      (ii) The amount of tax distributions totals the amount of local public sources, dedicated in the previous calendar year to finance public improvements authorized under chapter 39.100 RCW, expended in the previous year for public improvement costs, or used to pay for other bonds issued to pay for public improvements.  Revenues from local public sources, including hospital sources identified in RCW 82.14.465(7)(k), dedicated in the preceding calendar year that are in excess of the project award may be carried forward and used in later years for the purpose of this subsection; or

      (iii) The amount of revenue from taxes imposed under this section by all cities, towns, and counties totals the annual state credit limit as provided in RCW 82.32.700(3);

      (d) The tax ((shall)) must be distributed again, should it cease to be distributed for any of the reasons provided in (c) of this subsection, at the beginning of the next fiscal year, subject to the restrictions in this section; and

      (e) Any revenue generated by the tax in excess of the amounts specified in (b) and (c) of this subsection ((shall)) belong to the state of Washington.

      (5) If both a county and a city or town impose a tax under this section, the tax imposed by the city, town, or county ((shall be)) is credited as follows:

      (a) If the county has created a benefit zone before the city or town, the tax imposed by the county ((shall be)) is credited against the tax imposed by the city or town, the purpose of such credit is to give priority to the county tax; and

      (b) If the city or town has created a benefit zone before the county, the tax imposed by the city or town ((shall be)) is credited against the tax imposed by the county, the purpose of such credit is to give priority to the city or town tax.

      (6) The department ((shall)) must determine the amount of tax distributions attributable to each city, town, and county imposing a sales and use tax under this section and ((shall)) must advise a city, town, or county when the tax will cease to be distributed for the remainder of the fiscal year as provided in subsection (4)(c) of this section.  Determinations by the department of the amount of taxes attributable to a city, town, or county are final and ((shall)) may not be used to challenge the validity of any tax imposed under this section.  The department ((shall)) must remit any tax revenues in excess of the amounts specified in subsection (4)(b) and (c) of this section to the state treasurer who ((shall)) must deposit the moneys in the general fund.

      (7) The definitions in this subsection apply throughout this section and RCW 82.14.470 unless the context clearly requires otherwise.

      (a) "Base year" means the calendar year immediately following the creation of a benefit zone.

      (b) "Benefit zone" has the same meaning as provided in RCW 39.100.010.

      (c) "Excess local excise taxes" has the same meaning as provided in RCW 39.100.050.

      (d) "Excess state excise taxes" means the amount of excise taxes received by the state during the measurement year from taxable activity within the benefit zone over and above the amount of excise taxes received by the state during the base year from taxable activity within the benefit zone.  However, if a local government creates the benefit zone and reasonably determines that no activity subject to tax under chapters 82.08 and 82.12 RCW occurred in the twelve months immediately preceding the creation of the benefit zone within the boundaries of the area that became the benefit zone, "excess state excise taxes" means the entire amount of state excise taxes the state receives during a calendar year period beginning with the calendar year immediately following the creation of the benefit zone and continuing with each measurement year thereafter.

      (e) "State excise taxes" means revenues derived from state retail sales and use taxes under chapters 82.08 and 82.12 RCW, less the amount of tax distributions from all local retail sales and use taxes imposed on the same taxable events that are credited against the state retail sales and use taxes under chapters 82.08 and 82.12 RCW except for the local tax authorized in this section.

      (f) "Fiscal year" has the same meaning as provided in RCW 39.100.030.

      (g) "Measurement year" means a calendar year, beginning with the calendar year following the base year and each calendar year thereafter, that is used annually to measure the amount of excess state excise taxes and excess local excise taxes.

      (h) "State contribution" means the lesser of two million dollars or an amount equal to excess state excise taxes received by the state during the preceding calendar year.

      (i) "Tax allocation revenues" has the same meaning as provided in RCW 39.100.010.

      (j) "Public improvements" and "public improvement costs" have the same meanings as provided in RCW 39.100.010.

      (k) "Local public sources" includes, but is not limited to, private monetary contributions, assessments, dedicated local government funds, and tax allocation revenues.  "Local public sources" does not include local government funds derived from the state-subsidized portion of any state loan or state grant, any local tax that is credited against the state sales and use taxes, or any other state funds.  Local public sources may include amounts expended by a hospital in the zone since the date of formation of the zone and may be applied to the year or years designated by the local government.

Sec. 4.  RCW 82.14.470 and 2007 c 266 s 8 are each amended to read as follows:

      (1)(a)(i) Moneys collected from the taxes imposed under RCW 82.14.465 ((shall)) may be used only for the following purposes:

      (A) Principal and interest payments on bonds issued to finance or refinance public improvements in a benefit zone under the authority of RCW 39.100.060;

      (B) Principal and interest payments on other bonds issued by the local government to finance public improvements; or

      (C) Payments for public improvement costs.

      (ii) Moneys collected and used as provided in (a)(i) of this subsection must be matched with an amount from local public sources dedicated, as further provided in RCW 82.14.465 (4)(c)(ii) and (7)(k), through December 31st of the previous calendar year to finance public improvements authorized under chapter 39.100 RCW. 

      (b) Local public sources are dedicated to finance public improvements if they:  (i) Are actually expended to pay public improvement costs or debt service on bonds issued for public improvements; or (ii) are required by law or an agreement to be used exclusively to pay public improvement costs or debt service on bonds issued for public improvements.

(c) A city, town, or county is not required to expend taxes imposed under RCW 82.14.465 in the fiscal year in which the taxes are received.

      (2) A local government ((shall)) must inform the department by the first day of March of the amount of local public sources ((dedicated in)) allocated to the preceding calendar year to finance public improvements authorized under chapter 39.100 RCW.

      (3) If a local government fails to comply with subsection (2) of this section, no tax may be imposed under RCW 82.14.465 in the subsequent fiscal year.

      (4)(a) A local government ((shall)) must provide a report to the department and the state auditor by March 1st of each year.  A local government ((shall)) must make a good faith effort to provide information required for the report.

(b) The report ((shall)) must contain the following information:

      (((a))) (i) The amount of tax allocation revenues, taxes under RCW 82.14.465, and local public sources received by the local government during the preceding calendar year, and a summary of how these revenues were expended; and

      (((b))) (ii) The names of any businesses known to the local government that have located within the benefit zone as a result of the public improvements undertaken by the local government and financed in whole or in part with hospital benefit zone financing.

      (5) The department ((shall)) must make a report available to the public and the legislature by June 1st of each year.  The report ((shall)) must include a list of public improvements undertaken by local governments and financed in whole or in part with hospital benefit zone financing, and it ((shall)) must also include a summary of the information provided to the department by local governments under subsection (4) of this section."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Kilmer moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5525.

      Senator Kilmer spoke in favor of the motion.

The President declared the question before the Senate to be the motion by Senator Kilmer that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5525.

The motion by Senator Kilmer carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5525 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5525, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5525, as amended by the House, and the bill passed the Senate by the following vote:   Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hewitt, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Murray, Nelson, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom, White and Zarelli

      Excused: Senators Morton and Parlette

SUBSTITUTE SENATE BILL NO. 5525, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

On motion of Senator Eide, the Senate advanced to the sixth order of business.

 

SECOND READING

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1087, by House Committee on Ways & Means (originally sponsored by Representatives Hunter, Alexander and Darneille)

 

Making 2011-2013 operating appropriations. Revised for 1st Substitute: Making 2009-2011 and 2011-2013 fiscal biennia operating appropriations.

 

The measure was read the second time.

 

MOTION

 

Senator Murray moved that the following committee striking amendment by the Committee on Ways & Means be adopted:

0)0)Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  (1) A budget is hereby adopted and, subject to the provisions set forth in the following sections, the several amounts specified in parts I through IX of this act, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for salaries, wages, and other expenses of the agencies and offices of the state and for other specified purposes for the fiscal biennium beginning July 1, 2011, and ending June 30, 2013, except as otherwise provided, out of the several funds of the state hereinafter named.

      (2) Unless the context clearly requires otherwise, the definitions in this section apply throughout this act.

      (a) "Fiscal year 2012" or "FY 2012" means the fiscal year ending June 30, 2012.

      (b) "Fiscal year 2013" or "FY 2013" means the fiscal year ending June 30, 2013.

      (c) "FTE" means full time equivalent.

      (d) "Lapse" or "revert" means the amount shall return to an unappropriated status.

      (e) "Provided solely" means the specified amount may be spent only for the specified purpose.  Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose which is not expended subject to the specified conditions and limitations to fulfill the specified purpose shall lapse.

 

PART I

GENERAL GOVERNMENT

 

NEW SECTION.  Sec. 101.  FOR THE HOUSE OF REPRESENTATIVES

General Fund‑-State Appropriation (FY 2012)...... $30,870,000

General Fund‑-State Appropriation (FY 2013)...... $31,497,000

Motor Vehicle Account‑-State Appropriation.......... $1,316,000

TOTAL APPROPRIATION.................................. $63,683,000

NEW SECTION.  Sec. 102.  FOR THE SENATE

General Fund‑-State Appropriation (FY 2012)...... $22,553,000

General Fund‑-State Appropriation (FY 2013)...... $24,730,000

Motor Vehicle Account‑-State Appropriation.......... $1,400,000

TOTAL APPROPRIATION.................................. $48,683,000

NEW SECTION.  Sec. 103.  FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE

General Fund--State Appropriation (FY 2012)........ $2,768,000

General Fund--State Appropriation (FY 2013)........ $2,839,000

TOTAL APPROPRIATION.................................... $5,607,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) Notwithstanding the provisions of this section, the joint legislative audit and review committee may adjust the due dates for projects included on the committee's 2011-13 work plan as necessary to efficiently manage workload.

      (2) Within the amounts appropriated in this section, the committee shall conduct a review of the state's workplace safety and health program.  The review shall examine workplace safety inspection, enforcement, training, and outreach efforts compared to other states and federal programs; analyze workplace injury and illness rates and trends in Washington; identify factors that may influence workplace safety and health; and identify practices that may improve workplace safety and health and/or impact insurance rates.

      (3) Within the amounts appropriated in this section, the committee shall conduct a review of marketing and vendor expenditures and incentive payment programs at the state lottery commission to identify cost savings and efficiencies to maximize contributions to beneficiaries under this act.  This review shall include examination of the following:

      (a) An analysis of marketing expenses and the impact on ticket sales; the impact to sales of tickets from the change in lottery beneficiaries; the competitive contracting processes for marketing services and vendors and comparison to other states; identification of whether there are duplicative or unproductive marketing activities; and identification of whether savings may occur from changing vendors.

      (b) A description of how the employee incentive payment program at the state lottery commission operates, and comparison to best practices for outcome-based performance payments.

NEW SECTION.  Sec. 104.  FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE

General Fund--State Appropriation (FY 2012)........ $1,690,000

General Fund--State Appropriation (FY 2013)........ $1,861,000

TOTAL APPROPRIATION.................................... $3,551,000

NEW SECTION.  Sec. 105.  FOR THE OFFICE OF THE STATE ACTUARY

General Fund‑-State Appropriation (FY 2012)............. $24,000

General Fund‑-State Appropriation (FY 2013)............. $24,000

Department of Retirement Systems Expense

Account‑-State Appropriation.................................. $3,367,000

TOTAL APPROPRIATION.................................... $3,415,000

NEW SECTION.  Sec. 106.  FOR THE JOINT LEGISLATIVE SYSTEMS COMMITTEE

General Fund‑-State Appropriation (FY 2012)........ $8,358,000

General Fund‑-State Appropriation (FY 2013)........ $8,273,000

TOTAL APPROPRIATION.................................. $16,631,000

NEW SECTION.  Sec. 107.  FOR THE STATUTE LAW COMMITTEE

General Fund‑-State Appropriation (FY 2012)........ $4,363,000

General Fund‑-State Appropriation (FY 2013)........ $4,824,000

TOTAL APPROPRIATION.................................... $9,187,000

NEW SECTION.  Sec. 108.  FOR THE REDISTRICTING COMMISSION

General Fund‑-State Appropriation (FY 2012)........ $1,627,000

General Fund--State Appropriation (FY 2013)........... $154,000

TOTAL APPROPRIATION.................................... $1,781,000

      The appropriations in this section are subject to the following conditions and limitations:  $443,000 of the general fund--state appropriation for fiscal year 2012 is provided solely for the support of legislative redistricting efforts.  The commission shall enter into an interagency agreement with the house of representatives and the senate for the expenditure of these funds.

NEW SECTION.  Sec. 109.  FOR THE SUPREME COURT

General Fund‑-State Appropriation (FY 2012)........ $6,897,000

General Fund‑-State Appropriation (FY 2013)........ $6,938,000

TOTAL APPROPRIATION.................................. $13,835,000

NEW SECTION.  Sec. 110.  FOR THE LAW LIBRARY

General Fund‑-State Appropriation (FY 2012)........... $500,000

General Fund‑-State Appropriation (FY 2013)........... $500,000

TOTAL APPROPRIATION.................................... $1,000,000

NEW SECTION.  Sec. 111.  FOR THE COURT OF APPEALS

General Fund‑-State Appropriation (FY 2012)...... $15,622,000

General Fund‑-State Appropriation (FY 2013)...... $15,743,000

TOTAL APPROPRIATION.................................. $31,365,000

NEW SECTION.  Sec. 112.  FOR THE COMMISSION ON JUDICIAL CONDUCT

General Fund‑-State Appropriation (FY 2012)........ $1,102,000

General Fund‑-State Appropriation (FY 2013)........ $1,039,000

TOTAL APPROPRIATION.................................... $2,141,000

NEW SECTION.  Sec. 113.  FOR THE ADMINISTRATOR FOR THE COURTS

General Fund‑-State Appropriation (FY 2012)...... $54,069,000

General Fund‑-State Appropriation (FY 2013)...... $53,602,000

General Fund--Federal Appropriation...................... $1,551,000

General Fund--Private/Local Appropriation................ $260,000

Judicial Information Systems Account‑-State

Appropriation......................................................... $31,847,000

Judicial Stabilization Trust Account--State

Appropriation........................................................... $3,609,000

TOTAL APPROPRIATION................................ $144,938,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $1,800,000 of the general fund--state appropriation for fiscal year 2012 and $1,800,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for school districts for petitions to juvenile court for truant students as provided in RCW 28A.225.030 and 28A.225.035.  The office of the administrator for the courts shall develop an interagency agreement with the superintendent of public instruction to allocate the funding provided in this subsection.  Allocation of this money to school districts shall be based on the number of petitions filed.  This funding includes amounts school districts may expend on the cost of serving petitions filed under RCW 28A.225.030 by certified mail or by personal service or for the performance of service of process for any hearing associated with RCW 28A.225.030.

      (2)(a) $8,252,000 of the general fund--state appropriation for fiscal year 2012 and $8,253,000 of the general fund--state appropriation for fiscal year 2013 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 administrator for the courts, 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.

      (b) Each fiscal year during the 2009-11 fiscal biennium, each county shall report the number of petitions processed and the total actual costs of processing truancy, children in need of services, and at-risk youth petitions.  Counties shall submit the reports to the administrator for the courts no later than 45 days after the end of the fiscal year.  The administrator for the courts shall electronically transmit this information to the chairs and ranking minority members of the house of representatives and senate ways and means committees no later than 60 days after a fiscal year ends.  These reports are deemed informational in nature and are not for the purpose of distributing funds.

      (3) The distributions made under 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.

      (4) $265,000 of the general fund--state appropriation for fiscal year 2012 is provided solely for the office of public guardianship to provide guardianship services for low-income incapacitated persons.

      (5) By September 1, 2011, the administrative office of the courts shall report to the supreme court and the fiscal and judicial committees of the legislature the actual expenditures by program and fund source, including amounts spent on constitutionally required activities, for the 2009-2011 fiscal biennium and projected expenditures by program and fund source for the 2011-2013 fiscal biennium.  Sixty days after each legislative session, the administrative office of the courts shall report to the fiscal and judicial committees of the legislature on how reductions in appropriations were allocated by program.

      (6) $225,000 of the general fund--state appropriation for fiscal year 2012 is provided solely for the development and implementation of a static risk assessment for use by trial courts in determining bail for offenders.  The Washington state center for court research shall establish quality assurance standards for implementation of the risk assessment and evaluate the tool's ability to predict risk level, recidivism, and failure to appear.

      (7) $1,178,000 of the judicial information systems account--state appropriation is provided solely for replacing computer equipment at state courts and state judicial agencies.

      (8) $651,000 of the judicial information systems account--state appropriation is provided solely for continued planning and implementation of a superior court calendaring and case flow management system.

      (9) No later than September 30, 2011, the judicial information systems committee shall provide a report to the legislature on the recommendations of the case management feasibility study, including plans for a replacement of the superior court management information system (SCOMIS) and plans for completing the data exchange core system component consistent with a complete data exchange standard.  No later than December 31, 2011, the judicial information systems committee shall provide a report to the legislature on the status of the data exchange, the procurement process for a SCOMIS replacement, and a case management system that is designed to meet the requirements approved by the superior courts and county clerks of all thirty-nine counties.  The legislature shall solicit input on both reports from judicial, legislative, and executive stakeholders.

NEW SECTION.  Sec. 114.  FOR THE OFFICE OF PUBLIC DEFENSE

General Fund‑-State Appropriation (FY 2012)...... $25,493,000

General Fund‑-State Appropriation (FY 2013)...... $25,437,000

Judicial Stabilization Trust Account--State

Appropriation........................................................... $1,660,000

TOTAL APPROPRIATION.................................. $52,590,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The amounts provided include funding for expert and investigative services in death penalty personal restraint petitions.

      (2) By December 1, 2011, the office of public defense shall submit to the appropriate policy and fiscal committees of the legislature a proposal for office of public defense to assume the effective and efficient administration of defense services for indigent persons throughout the state who are involved in proceedings under chapter 71.09 RCW.  In developing its proposal, the office of public defense should consult with interested stakeholders, including the King county public defender, the Washington defender association, the Washington association of criminal defense lawyers, the administrative office of the courts, the superior court judges association, the office of the attorney general, the King county prosecuting attorney, the Washington association of counties, and the department of social and health services.  At a minimum, the proposal should identify:

      (a) Procedures to control costs and require accountability, consistent with the state's obligation to ensure the right to counsel under both the United States Constitution and the Washington Constitution;

      (b) Appropriate practice standards for trial-level defense of indigent persons involved in proceedings under chapter 71.09 RCW, an estimated number of attorneys statewide who are qualified to provide such representation, and reasonable compensation for such defense services;

      (c) The total budget necessary to implement the proposal statewide for fiscal year 2013, including administrative support; and

      (d) Possible savings to the state and counties that might result from implementing the proposal.

NEW SECTION.  Sec. 115.  FOR THE OFFICE OF CIVIL LEGAL AID

General Fund‑-State Appropriation (FY 2012)...... $11,219,000

General Fund‑-State Appropriation (FY 2013)...... $11,229,000

Judicial Stabilization Trust Account--State

Appropriation.............................................................. $732,000

TOTAL APPROPRIATION.................................. $23,180,000

      The appropriations in this section are subject to the following conditions and limitations:  An amount not to exceed $40,000 of the general fund--state appropriation for fiscal year 2012 and an amount not to exceed $40,000 of the general fund--state appropriation for fiscal year 2013 may be used to provide telephonic legal advice and assistance to otherwise eligible persons who are sixty years of age or older on matters authorized by RCW 2.53.030(2) (a) through (k) regardless of household income or asset level.

NEW SECTION.  Sec. 116.  FOR THE OFFICE OF THE GOVERNOR

General Fund‑-State Appropriation (FY 2012)........ $5,625,000

General Fund‑-State Appropriation (FY 2013)........ $5,628,000

Economic Development Strategic Reserve Account--State

Appropriation........................................................... $1,500,000

TOTAL APPROPRIATION.................................. $12,753,000

      The appropriations in this section are subject to the following conditions and limitations:  $1,500,000 of the economic development strategic reserve account appropriation is provided solely for efforts to assist with currently active industrial recruitment efforts that will bring new jobs to the state or will retain headquarter locations of major companies currently housed in the state.

NEW SECTION.  Sec. 117.  FOR THE LIEUTENANT GOVERNOR

General Fund‑-State Appropriation (FY 2012)........... $703,000

General Fund‑-State Appropriation (FY 2013)........... $717,000

General Fund‑-Private/Local Appropriation.................. $90,000

TOTAL APPROPRIATION.................................... $1,510,000

NEW SECTION.  Sec. 118.  FOR THE PUBLIC DISCLOSURE COMMISSION

General Fund‑-State Appropriation (FY 2012)........ $2,114,000

General Fund‑-State Appropriation (FY 2013)........ $2,153,000

TOTAL APPROPRIATION.................................... $4,267,000

NEW SECTION.  Sec. 119.  FOR THE SECRETARY OF STATE

General Fund‑-State Appropriation (FY 2012)...... $18,164,000

General Fund‑-State Appropriation (FY 2013)...... $15,648,000

General Fund‑-Federal Appropriation...................... $7,431,000

Public Records Efficiency, Preservation, and Access

Account‑-State Appropriation.................................. $8,065,000

Charitable Organization Education Account--State

Appropriation.............................................................. $452,000

Local Government Archives Account‑-State

Appropriation......................................................... $10,728,000

Election Account‑-Federal Appropriation.............. $17,338,000

TOTAL APPROPRIATION.................................. $77,826,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $4,101,000 of the general fund‑-state appropriation for fiscal year 2012 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)(a) $1,897,000 of the general fund‑-state appropriation for fiscal year 2012 and $2,076,000 of the general fund‑-state appropriation for fiscal year 2013 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 2011-2013 biennium.  The funding level for each year of the contract shall be based on the amount provided in this subsection.  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 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 contract with the nonprofit organization to provide public affairs coverage.

      (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.

      (3) Any reductions to funding for the Washington talking book and Braille library may not exceed in proportion any reductions taken to the funding for the library as a whole.

NEW SECTION.  Sec. 120.  FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS

General Fund‑-State Appropriation (FY 2012)........... $271,000

General Fund‑-State Appropriation (FY 2013)........... $281,000

TOTAL APPROPRIATION....................................... $552,000

      The appropriations in this section are subject to the following conditions and limitations:  The office shall assist the department of enterprise services on providing the government-to-government training sessions for federal, state, local, and tribal government employees.  The training sessions shall cover tribal historical perspectives, legal issues, tribal sovereignty, and tribal governments.  Costs of the training sessions shall be recouped through a fee charged to the participants of each session.  The department of enterprise services shall be responsible for all of the administrative aspects of the training, including the billing and collection of the fees for the training.

NEW SECTION.  Sec. 121.  FOR THE COMMISSION ON ASIAN PACIFIC AMERICAN AFFAIRS

General Fund‑-State Appropriation (FY 2012)........... $242,000

General Fund‑-State Appropriation (FY 2013)........... $229,000

TOTAL APPROPRIATION....................................... $471,000

NEW SECTION.  Sec. 122.  FOR THE STATE TREASURER

State Treasurer's Service Account‑-State

Appropriation......................................................... $15,300,000

NEW SECTION.  Sec. 123.  FOR THE STATE AUDITOR

State Auditing Services Revolving Account‑-State

Appropriation......................................................... $10,744,000

Performance Audit of Government Account--State

Appropriation........................................................... $1,961,000

TOTAL APPROPRIATION.................................. $12,705,000

      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) $1,461,000 of the performance audits of government account appropriation is 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) Within the amounts appropriated in this section, the state auditor shall continue to complete the annual audit of the state's comprehensive annual financial report and the annual federal single audit consistent with the auditing standards generally accepted in the United States and the standards applicable to financial audits contained in government auditing standards, issued by the comptroller general of the United States, and OMB circular A-133, audits of states, local governments, and nonprofit organizations.

      (4) $500,000 of performance audits of state government account appropriation is provided solely for the fraud ombudsman to review and audit the fraud investigative work of the division of fraud investigations of the department of social and health services.

NEW SECTION.  Sec. 124.  FOR THE CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS

General Fund‑-State Appropriation (FY 2012)........... $156,000

General Fund‑-State Appropriation (FY 2013)........... $195,000

TOTAL APPROPRIATION....................................... $351,000

NEW SECTION.  Sec. 125.  FOR THE ATTORNEY GENERAL

General Fund‑-State Appropriation (FY 2012)........ $4,270,000

General Fund‑-State Appropriation (FY 2013)........ $4,270,000

General Fund‑-Federal Appropriation...................... $8,819,000

New Motor Vehicle Arbitration Account‑-State

Appropriation........................................................... $1,000,000

Legal Services Revolving Account‑-State

Appropriation....................................................... $221,376,000

Tobacco Prevention and Control Account‑-State

Appropriation.............................................................. $270,000

Medicaid Fraud Penalty Account--State Appropriation $2,825,000

TOTAL APPROPRIATION................................ $242,830,000

      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.  As part of its by agency report to the legislative fiscal committees and the office of financial management, the office of the attorney general shall include information detailing the agency's expenditures for its agency-wide overhead and a breakdown by division of division administration expenses.

      (2) 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 ways and means.

      (3) The attorney general shall annually report to the fiscal committees of the legislature all new cy pres awards and settlements and all new accounts, disclosing their intended uses, balances, the nature of the claim or account, proposals, and intended timeframes for the expenditure of each amount.  The report shall be distributed electronically and posted on the attorney general's web site.  The report shall not be printed on paper or distributed physically.

      (4) The attorney general shall enter into an interagency agreement with the department of social and health services for expenditure of the state's proceeds from the cy pres settlement in State of Washington v. AstraZeneca (Seroquel) for the purposes set forth in sections 204, 209, and 1109 of this act.

      (5) $62,000 of the legal services revolving fund--state appropriation is provided solely to implement House Bill No. 1770 (state purchasing).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (6) $124,000 of the legal services revolving fund--state appropriation is provided solely to implement House Bill No. 2002 (industrial insurance).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (7) $3,616,000 of the legal services revolving account--state appropriation is provided solely to implement Engrossed Senate Bill No. 5566 (workers' compensation).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (8) The office of the attorney general is authorized to expend $2,100,000 from the Zyprexa and other cy pres awards towards consumer protection costs in accordance with uses authorized in the court orders.

NEW SECTION.  Sec. 126.  FOR THE CASELOAD FORECAST COUNCIL

General Fund‑-State Appropriation (FY 2012)........... $761,000

General Fund‑-State Appropriation (FY 2013)........... $762,000

TOTAL APPROPRIATION.................................... $1,523,000

NEW SECTION.  Sec. 127.  FOR THE DEPARTMENT OF COMMERCE

General Fund‑-State Appropriation (FY 2012)...... $33,509,000

General Fund‑-State Appropriation (FY 2013)...... $33,870,000

General Fund‑-Federal Appropriation.................. $282,675,000

General Fund‑-Private/Local Appropriation............. $4,982,000

Public Works Assistance Account‑-State

Appropriation........................................................... $2,834,000

Drinking Water Assistance Administrative.................................

Account‑-State Appropriation..................................... $443,000

Lead Paint Account‑-State Appropriation..................... $65,000

Building Code Council Account‑-State Appropriation.. $13,000

Home Security Fund Account‑-State Appropriation $19,400,000

Affordable Housing for All Account‑-State

Appropriation......................................................... $11,905,000

County Research Services Account--State Appropriation $1,081,000

Financial Fraud and Identity Theft Crimes Investigation

......................... and Prosecution Account‑-State Appropriation          $1,166,000

Low-Income Weatherization Assistance Account‑-State............

Appropriation........................................................... $5,795,000

City and Town Research Services Account--State

Appropriation........................................................... $5,166,000

Manufacturing Innovation and Modernization

Account‑-State Appropriation....................................... $61,000

Community and Economic Development Fee Account‑-State

Appropriation........................................................... $8,648,000

Washington Housing Trust Account‑-State

Appropriation......................................................... $15,476,000

Prostitution Prevention and Intervention Account--

State Appropriation....................................................... $94,000

Public Facility Construction Loan Revolving

Account‑-State Appropriation..................................... $764,000

Disability Lifeline Account--State Appropriation.. $14,438,000

Washington Auto Theft Prevention Authority Account--

State Appropriation..................................................... $194,000

TOTAL APPROPRIATION................................ $442,579,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) Repayments of outstanding mortgage and rental assistance program loans administered by the department under RCW 43.63A.640 shall be remitted to the department, including any current revolving account balances.  The department shall collect payments on outstanding loans, and deposit them into the state general fund.  Repayments of funds owed under the program shall be remitted to the department according to the terms included in the original loan agreements.

      (2) $475,000 of the general fund--state appropriation for fiscal year 2012 and $475,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a grant to resolution Washington to building statewide capacity for alternative dispute resolution centers and dispute resolution programs that guarantee that citizens have access to low-cost resolution as an alternative to litigation.

      (3) $306,000 of the general fund--state appropriation for fiscal year 2012 and $306,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a grant to the retired senior volunteer program.

      (4) The department shall administer its growth management act technical assistance so that smaller cities receive proportionately more assistance than larger cities or counties.

      (5) $1,800,000 of the home security fund--state appropriation is provided for transitional housing assistance or partial payments for rental assistance under the independent youth housing program.

      (6) $5,000,000 of the home security fund--state appropriation is for the operation, repair, and staffing of shelters in the homeless family shelter program.

      (7) $198,000 of the general fund--state appropriation for fiscal year 2012 and $198,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the Washington new Americans program.

      (8) $2,989,000 of the general fund--state appropriation for fiscal year 2012 and $2,989,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for associate development organizations.

      (9) $127,000 of the general fund--federal appropriation is provided solely for implementation of Substitute House Bill No. 1886 (Ruckelshaus center process).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (10) Up to $200,000 of the general fund--private/local appropriation is for a grant to the Washington tourism alliance for the maintenance of the Washington state tourism web site www.experiencewa.com and its related sub-sites.  The department may transfer ownership of the web site and other tourism promotion assets and assign obligations to the Washington tourism alliance for purposes of tourism promotion throughout the state.  The alliance may use the assets only in a manner consistent with the purposes for which they were created.  Any revenue generated from these assets must be used by the alliance for the sole purposes of statewide Washington tourism promotion.  The legislature finds that the Washington tourism alliance, a not-for-profit, 501.c.6 organization established, funded, and governed by Washington tourism industry stakeholders to sustain destination tourism marketing across Washington, is an appropriate body to receive funding and assets from and assume obligations of the department for the purposes described in this section.

      (11) $1,859,000 of the general fund--state appropriation for fiscal year 2012 and $1,859,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for innovative research teams, also known as entrepreneurial STARS, at higher education research institutions.  Of these amounts no more than $50,000 in fiscal year 2012 and no more than $50,000 in fiscal year 2013 may be provided for the operation of entrepreneur in residence programs at entrepreneurial assistance organizations.

      (12) The public works assistance account appropriation reflects savings required by Substitute Senate Bill No. 5844 (local government infrastructure), which requires the department to reduce expenditures from the public works assistance account for central agency administration for the 2011-2013 biennium.

      (13) Within the appropriations in this section, specific funding is provided to implement Substitute Senate Bill No. 5741 (economic development commission).

      (14) The disability lifeline account--state appropriation, in addition to supplemental security income (SSI) recoveries, is provided solely for the department to provide housing services for disability lifeline-expedited clients pursuant to Senate Bill No. 5938 (disability lifeline).

NEW SECTION.  Sec. 128.  FOR THE ECONOMIC AND REVENUE FORECAST COUNCIL

General Fund‑-State Appropriation (FY 2012)........... $691,000

General Fund‑-State Appropriation (FY 2013)........... $749,000

Lottery Administrative Account--State Appropriation. $50,000

TOTAL APPROPRIATION.................................... $1,490,000

NEW SECTION.  Sec. 129.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

General Fund‑-State Appropriation (FY 2012)...... $19,418,000

General Fund‑-State Appropriation (FY 2013)...... $19,464,000

General Fund‑-Federal Appropriation.................... $31,581,000

General Fund‑-Private/Local Appropriation............. $1,270,000

Performance Audits of Government Account‑-

State Appropriation....................................................... $25,000

Economic Development Strategic Reserve Account--

State Appropriation..................................................... $289,000

Department of Personnel Services--State Appropriation $9,069,000

Data Processing Revolving Account--State

Appropriation........................................................... $5,208,000

Higher Education Personnel Services Account--State

Appropriation........................................................... $1,533,000

Aquatic Lands Enhancement Account--State Appropriation $100,000

TOTAL APPROPRIATION.................................. $87,957,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $1,210,000 of the general fund--state appropriation for fiscal year 2012 and $1,210,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for implementation of House Bill No. 1178 (regulatory assistance office).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (2) $150,000 of the general fund--state appropriation for fiscal year 2012 is provided solely for the office of financial management to contract with an independent consultant to evaluate and recommend the most cost-effective provision of services required to support the department of social and health services special commitment center on McNeil Island.  The evaluation shall include island operation services that include, but are not limited to:  (a) Marine transport of passengers and goods; (b) wastewater treatment; (c) fire protection and suppression; (d) electrical supply; (e) water supply; and (f) road maintenance.

      The office of financial management shall solicit the input of Pierce county, the department of corrections, and the department of social and health services in developing the request for proposal, evaluating applications, and directing the evaluation.  The consultant shall report to the governor and legislature by November 15, 2011.

      (3) $100,000 of the aquatic lands enhancement account--state appropriation is provided solely for the office of financial management to prepare a report to be used to initiate a comprehensive, long-range planning process for the future of McNeil Island during the 2013-2015 fiscal biennium.

      (a) The report on the initiation of the process must document:

      (i) Ownership issues, including consultation with the federal government about its current legal requirements associated with the island;

      (ii) Federal and state decision-making processes to change use or ownership;

      (iii) Tribal treaty interests;

      (iv) Fish and wildlife species and their habitats;

      (v) Land use and public safety needs;

      (vi) Recreational opportunities for the general public;

      (vii) Historic and archaeological resources; and

      (viii) Revenue from and necessary to support potential future uses of the island.

      (b) The report shall develop and recommend a comprehensive, long-range planning process for the future of the island and associated aquatic resources, addressing the items in (a) of this subsection.

      (c) The office of financial management may use its own staff and other public agency and tribal staff or contract for services, and may create a work group of knowledgeable agencies, organizations, and individuals to assist in preparing the report.

      (d) The office of financial management shall engage in broad consultation with interested parties, including, but not limited to:

      (i) Federal agencies with relevant responsibilities;

      (ii) Tribal governments;

      (iii) State agencies;

      (iv) Local governments and communities in the area, including the Anderson Island community, Steilacoom, and Pierce county; and

      (v) Interested private organizations and individuals.

      (e) The report must be submitted to the governor and appropriate committees of the legislature by October 1, 2012.

      (4) As part of negotiations for labor contracts for the 2013-2015 fiscal biennium, the office of labor relations shall propose to the bargaining representatives for state employees the authorization to collect employee health care premiums on a sliding scale based on the employee's salary.

      (5) The appropriations in this section include sufficient funding for the implementation of Senate Joint Resolution No. 8206 (extraordinary revenue growth to be deposited to the budget stabilization account).

      (6) $50,000 of the general fund--state appropriation for fiscal year 2012 and $50,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the office of financial management to contract with the Washington state quality award for training, outreach, and assessments for public agencies and public agency vendors.

NEW SECTION.  Sec. 130.  FOR THE OFFICE OF ADMINISTRATIVE HEARINGS

Administrative Hearings Revolving Account‑-State

Appropriation......................................................... $35,648,000

NEW SECTION.  Sec. 131.  FOR THE WASHINGTON STATE LOTTERY

Lottery Administrative Account‑-State

Appropriation......................................................... $26,366,000

NEW SECTION.  Sec. 132.  FOR THE COMMISSION ON HISPANIC AFFAIRS

General Fund‑-State Appropriation (FY 2012)........... $259,000

General Fund‑-State Appropriation (FY 2013)........... $265,000

TOTAL APPROPRIATION....................................... $524,000

NEW SECTION.  Sec. 133.  FOR THE COMMISSION ON AFRICAN-AMERICAN AFFAIRS

General Fund‑-State Appropriation (FY 2012)........... $249,000

General Fund‑-State Appropriation (FY 2013)........... $249,000

TOTAL APPROPRIATION....................................... $498,000

NEW SECTION.  Sec. 134.  FOR THE DEPARTMENT OF RETIREMENT SYSTEMS--OPERATIONS

Department of Retirement Systems Expense

Account‑-State Appropriation................................ $47,859,000

      The appropriation in this section is subject to the following conditions and limitations:

      (1) $61,000 of the department of retirement systems--state appropriation is provided solely for the administrative costs associated with implementation of Senate Bill No. 5882 (local government employees).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (2) $65,000 of the department of retirement systems--state appropriation is provided solely for the administrative costs associated with implementation of Senate Bill No. 5494 (plan 3 default investment option).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (3) $58,000 of the department of retirement systems--state appropriation is provided solely for the administrative costs associated with implementation of Senate Bill No. 5852 (post-retirement employment).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (4) $15,000 of the department of retirement systems--state appropriation is provided solely for the administrative costs associated with implementation of Senate Bill No. 5920 (limiting annual increase amounts).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (5) $73,000 of the department of retirement systems expense account--state appropriation is provided solely for the administrative costs associated with implementation of Senate Bill No. 5860 (state government employee compensation).  If the bill is not enacted by June 30, 2011, the amount provided in this section shall lapse.

NEW SECTION.  Sec. 135.  FOR THE DEPARTMENT OF REVENUE

General Fund‑-State Appropriation (FY 2012).... $107,579,000

General Fund‑-State Appropriation (FY 2013).... $107,910,000

Timber Tax Distribution Account‑-State Appropriation $6,090,000

Waste Reduction/Recycling/Litter Control‑-State

Appropriation.............................................................. $135,000

Waste Tire Removal Account‑-State Appropriation....... $2,000

State Toxics Control Account‑-State Appropriation..... $91,000

Oil Spill Prevention Account‑-State Appropriation...... $19,000

Master License Fund--State Appropriation............ $14,334,000

Vehicle License Fraud Account--State Appropriation..... $5,000

Performance Audits of Government Account--State

Appropriation........................................................... $3,188,000

TOTAL APPROPRIATION................................ $239,353,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $3,188,000 of the performance audits of government account--state appropriation is for the department to hire more auditors, compliance staff, and taxpayer account administration staff in order to generate additional revenues to the state.

      (2) $14,334,000 of the master license account--state appropriation is provided solely for the implementation of Substitute Senate Bill No. 5911 (master license service program) or Substitute House Bill No. 2017 (master license service program).  If neither bill is enacted by June 30, 2011, the amount provided in this subsection shall lapse.

NEW SECTION.  Sec. 136.  FOR THE STATE INVESTMENT BOARD

State Investment Board Expense Account‑-State

Appropriation......................................................... $29,858,000

NEW SECTION.  Sec. 137.  FOR THE BOARD OF TAX APPEALS

General Fund-‑State Appropriation (FY 2012)........ $1,275,000

General Fund‑-State Appropriation (FY 2013)........ $1,258,000

TOTAL APPROPRIATION.................................... $2,533,000

NEW SECTION.  Sec. 138.  FOR THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES

OMWBE Enterprises Account‑-State Appropriation $3,368,000

NEW SECTION.  Sec. 139.  FOR THE CONSOLIDATED TECHNOLOGY SERVICES AGENCY

General Fund--State Appropriation (FY 2012)........... $117,000

General Fund--State Appropriation (FY 2013)........... $118,000

General Fund--Private/Local Appropriation................ $356,000

Data Processing Revolving Account‑-State

Appropriation................................................................ $53,000

TOTAL APPROPRIATION....................................... $644,000

      The appropriations in this section are subject to the following conditions and limitations:  The appropriations in this section fund implementation of Senate Bill No. 5931 (streamlining central service functions).

NEW SECTION.  Sec. 140.  FOR THE INSURANCE COMMISSIONER

General Fund‑-Federal Appropriation...................... $4,474,000

Insurance Commissioners Regulatory Account‑-State

Appropriation......................................................... $48,808,000

TOTAL APPROPRIATION.................................. $53,282,000

      The appropriations in this section are subject to the following conditions and limitations:  $57,000 of the insurance commissioner's regulatory account--state appropriation is provided solely to implement House Bill No. 1740 (health benefit exchange).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

NEW SECTION.  Sec. 141.  FOR THE BOARD OF ACCOUNTANCY

Certified Public Accountants' Account‑-State

Appropriation........................................................... $2,838,000

NEW SECTION.  Sec. 142.  FOR THE FORENSIC INVESTIGATION COUNCIL

Death Investigations Account--State Appropriation... $280,000

      The appropriation in this section is subject to the following conditions and limitations:  $250,000 of the death investigations account appropriation is provided solely for providing financial assistance to local jurisdictions in multiple death investigations.  The forensic investigation council shall develop criteria for awarding these funds for multiple death investigations involving an unanticipated, extraordinary, and catastrophic event or those involving multiple jurisdictions.

NEW SECTION.  Sec. 143.  FOR THE HORSE RACING COMMISSION

Horse Racing Commission Operating Account‑-State

Appropriation........................................................... $4,080,000

NEW SECTION.  Sec. 144.  FOR THE LIQUOR CONTROL BOARD

Liquor Control Board Construction and Maintenance

Account‑-State Appropriation................................ $10,081,000

Liquor Revolving Account‑-State Appropriation. $180,965,000

General Fund--Federal Appropriation......................... $120,000

TOTAL APPROPRIATION................................ $191,166,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $198,000 of the liquor revolving account--state appropriation is provided solely for the implementation of Senate Bill No. 5916 (liquor related products).  If the bill is not enacted by June 30, 2011, the amount provided in this section shall lapse.

      (2) $82,000 of the liquor revolving account--state appropriation is provided solely for the implementation of Senate Bill No. 5917 (co-located contract stores).  If the bill is not enacted by June 30, 2011, the amount provided in this section shall lapse.

NEW SECTION.  Sec. 145.  FOR THE UTILITIES AND TRANSPORTATION COMMISSION

General Fund--Federal Appropriation......................... $502,000

General Fund--Private/Local Appropriation........... $11,216,000

Public Service Revolving Account‑-State

Appropriation......................................................... $31,246,000

Pipeline Safety Account‑-State Appropriation......... $3,228,000

Pipeline Safety Account‑-Federal Appropriation..... $2,887,000

TOTAL APPROPRIATION.................................. $49,079,000

      The appropriations in this section are subject to the following conditions and limitations:  In accordance with RCW 80.36.610(1), the utilities and transportation commission is authorized to establish federal telecommunications act services fees in fiscal year 2012 as necessary to meet the actual costs of conducting business and the appropriation levels in this section.

NEW SECTION.  Sec. 146.  FOR THE MILITARY DEPARTMENT

General Fund‑-State Appropriation (FY 2012)........ $8,536,000

General Fund‑-State Appropriation (FY 2013)........ $8,571,000

General Fund‑-Federal Appropriation.................. $160,163,000

Enhanced 911 Account‑-State Appropriation......... $46,619,000

Disaster Response Account‑-State Appropriation. $18,018,000

Disaster Response Account‑-Federal Appropriation $66,266,000

Military Department Rent and Lease Account‑-State

Appropriation.............................................................. $615,000

Worker and Community Right-to-Know Account‑-State

Appropriation........................................................... $2,178,000

TOTAL APPROPRIATION................................ $310,966,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $18,018,000 of the disaster response account‑-state appropriation and $66,266,000 of the disaster response account--federal appropriation may be spent only on disasters declared by the governor and with the approval of the office of financial management.  The military department shall submit a report to the office of financial management and the legislative fiscal committees on October 1st and February 1st of each year 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 2011-2013 biennium based on current revenue and expenditure patterns.

      (2) $75,000,000 of the general fund‑-federal appropriation is provided solely for homeland security, subject to the following conditions:

      (a) Any communications equipment purchased by local jurisdictions or state agencies shall be consistent with standards set by the Washington state interoperability executive committee; and

      (b) The department shall submit an annual report to the office of financial management and the legislative fiscal committees detailing the governor's domestic security advisory group recommendations; homeland security revenues and expenditures, including estimates of total federal funding for the state; and incremental changes from the previous estimate.

NEW SECTION.  Sec. 147.  FOR THE BOARD FOR VOLUNTEER FIREFIGHTERS

Volunteer Firefighters' and Reserve Officers'

Administrative Account‑-State Appropriation......... $1,069,000

NEW SECTION.  Sec. 148.  FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

General Fund‑-State Appropriation (FY 2012)........ $2,410,000

General Fund‑-State Appropriation (FY 2013)........ $2,476,000

Higher Education Personnel Services Account--State

Appropriation.............................................................. $257,000

Department of Personnel Service Account‑-State

Appropriation........................................................... $3,429,000

TOTAL APPROPRIATION.................................... $8,572,000

      The appropriations in this section are subject to the following conditions and limitations:  $37,000 of the department of personnel service account--state appropriation is provided solely for the administrative costs associated with implementation of Senate Bill No. 5639 (education governance system).  If the bill is not enacted by June 30, 2011, the amount provided in this section shall lapse.

NEW SECTION.  Sec. 149.  FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION

General Fund--State Appropriation (FY 2012)........ $1,335,000

General Fund--State Appropriation (FY 2013)........ $1,338,000

General Fund--Federal Appropriation...................... $1,946,000

General Fund--Private/Local Appropriation.................. $14,000

TOTAL APPROPRIATION.................................... $4,633,000

NEW SECTION.  Sec. 150.  FOR THE DEPARTMENT OF ENTERPRISE SERVICES

General Fund--State Appropriation (FY 2012)........ $4,057,000

General Fund--State Appropriation (FY 2013)........ $4,055,000

General Fund--Federal Appropriation......................... $184,000

General Fund--Private/Local Appropriation................ $368,000

Building Code Council Account--State Appropriation $1,183,000

 Department of Personnel Service Account--State

Appropriation......................................................... $10,001,000

General Administration Service Account--State

Appropriation......................................................... $27,147,000

TOTAL APPROPRIATION.................................. $46,995,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $3,090,000 of the general fund--state appropriation for fiscal year 2012 and $3,090,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the payment of facilities and services charges, utilities and contracts charges, public and historic facilities charges, and capital projects surcharges allocable to the senate, house of representatives, statute law committee, and joint legislative systems committee.  The department shall allocate charges attributable to these agencies among the affected revolving funds.  The department shall maintain an interagency agreement with these agencies to establish performance standards, prioritization of preservation and capital improvement projects, and quality assurance provisions for the delivery of services under this subsection.  The legislative agencies named in this subsection shall continue to enjoy all of the same rights of occupancy and space use on the capitol campus as historically established.

      (2) In accordance with RCW 46.08.172 and 43.135.055, the department is authorized to increase parking fees in fiscal years 2012 and 2013 as necessary to meet the actual costs of conducting business.

      (3) The building code council account appropriation is provided solely for the operation of the state building code council as required by statute and modified by the standards established by executive order 10-06.  The council shall not consider any proposed code amendment or take any other action not authorized by statute or in compliance with the standards established in executive order 10-06.  No member of the council may receive compensation, per diem, or reimbursement for activities other than physical attendance at those meetings of the state building code council or the council's designated committees, at which the opportunity for public comment is provided generally and on all agenda items upon which the council proposes to take action.

      (4) Pursuant to RCW 41.06.142(3), the department of enterprise services shall purchase the following services by contracts:  Bulk printing and mailing services, real estate lease brokering, and motor pool vehicle fleet management.  If the motor pool contract includes the transfer of ownership of the vehicle fleet, then provision for the payment of debt for those vehicles must be made.  The office of financial management will oversee the development, negotiation, and execution of the contracts.

      (5) The amounts appropriated in this section are for implementation of Senate Bill No. 5931 (streamlining central service functions).

NEW SECTION.  Sec. 151.  FOR INNOVATE WASHINGTON

General Fund--State Appropriation (FY 2012)........ $3,565,000

General Fund--State Appropriation (FY 2013)........ $3,566,000

TOTAL APPROPRIATION.................................... $7,131,000

 

(End of part)

 

PART II

HUMAN SERVICES

 

NEW SECTION.  Sec. 201.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES

      (1) 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.  Appropriations made in this act to the department of social and health services shall initially be allotted as required by this act.  Subsequent allotment modifications shall not include transfers of moneys between sections of this act except as expressly provided in this act, nor shall allotment modifications permit moneys that are provided solely for a specified purpose to be used for other than that purpose.

      (2) The department of social and health services shall not initiate any services that require expenditure of state general fund moneys unless expressly authorized in this act or other law.  The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act.  If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation providing appropriation authority, and an equal amount of appropriated state general fund moneys shall lapse.  Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees.  As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.

      (3) The department is authorized to develop an integrated health care program designed to slow the progression of illness and disability and better manage medicaid expenditures for the aged and disabled population.  Under this Washington medicaid integration partnership (WMIP), the department may combine and transfer such medicaid funds appropriated under sections 204, 206, 208, and 213 of this act as may be necessary to finance a unified health care plan for the WMIP program enrollment.  The WMIP pilot projects shall not exceed a daily enrollment of 6,000 persons, nor expand beyond one county during the 2011-2013 fiscal biennium.  The amount of funding assigned from each program may not exceed the average per capita cost assumed in this act for individuals covered by that program, actuarially adjusted for the health condition of persons enrolled, times the number of clients enrolled.  In implementing the WMIP, the department may:  (a) Withhold from calculations of "available resources" as set forth in RCW 71.24.025 a sum equal to the capitated rate for enrolled individuals; and (b) employ capitation financing and risk-sharing arrangements in collaboration with health care service contractors licensed by the office of the insurance commissioner and qualified to participate in both the medicaid and medicare programs.  The department shall conduct an evaluation of the WMIP, measuring changes in participant health outcomes, changes in patterns of service utilization, participant satisfaction, participant access to services, and the state fiscal impact.

      (4) The legislature finds that medicaid payment rates, as calculated by the department pursuant to the appropriations in this act, bear a reasonable relationship to the costs incurred by efficiently and economically operated facilities for providing quality services and will be sufficient to enlist enough providers so that care and services are available to the extent that such care and services are available to the general population in the geographic area.  The legislature finds that cost reports, payment data from the federal government, historical utilization, economic data, and clinical input constitute reliable data upon which to determine the payment rates.

NEW SECTION.  Sec. 202.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-CHILDREN AND FAMILY SERVICES PROGRAM

General Fund‑-State Appropriation (FY 2012).... $308,985,000

General Fund‑-State Appropriation (FY 2013).... $311,009,000

General Fund‑-Federal Appropriation.................. $477,494,000

General Fund‑-Private/Local Appropriation............. $1,389,000

Domestic Violence Prevention Account--State

Appropriation........................................................... $1,154,000

Education Legacy Trust Account--State Appropriation $725,000

TOTAL APPROPRIATION............................. $1,100,756,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) Within amounts provided for the foster care and adoption support programs, the department shall control reimbursement decisions for foster care and adoption support cases such that the aggregate average cost per case for foster care and for adoption support does not exceed the amounts assumed in the projected caseload expenditures.

      (2) $80,872,000 of the general fund--state appropriation for fiscal year 2012, $81,251,000 of the general fund--state appropriation for fiscal year 2013, and $75,595,000 of the general fund--federal appropriation are provided solely for the department to utilize performance-based contracts as required under RCW 74.13.360(1) to obtain services for children and families.

      (3) A maximum of $6,460,000 of the general fund--state appropriation and $3,540,000 of the general fund--federal appropriation for the 2011-2013 fiscal biennium are provided for a contingency reserve and these amounts are provided solely for this purpose.  The contingency reserve in this subsection is established in the event that the client type composition and number of client referrals to supervising agency contractors under RCW 74.13.360 exceed appropriated amounts in subsection (2) of this section.  The department shall first use any under-expenditures as a result of client type composition or number of client referrals prior to using the contingency reserve.  The department shall only expend an amount equal to the over-expenditure, after using under-expenditures, and shall only be as a result of client type composition changes or the number of client referrals above appropriated amounts.  Before the contingency funds can be used, the over-expenditure must be greater than one percent.  The department shall manage these funds on a statewide basis and only provide funds from the contingency reserve in a monthly or quarterly basis.  The department shall continually reevaluate client type composition and number of client referrals in order to shift funds between regions if necessary.

      (4) To ensure expenditures remain within available funds appropriated in this section as required by RCW 74.13A.005 and 74.13A.020, the secretary shall not set the amount of any adoption assistance payment or payments, made pursuant to RCW 26.33.320 and 74.13A.005 through 74.13A.080, to more than ninety percent of the foster care maintenance payment for that child had he or she remained in a foster family home during the same period.  This subsection does not apply to adoption assistance agreements in existence on the effective date of this section.

      (5) $5,139,000 of the general fund--state appropriation for fiscal year 2012 and $5,140,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the department to contract for services pursuant to RCW 13.32A.030 and 74.15.220.  The department shall contract and collaborate with service providers in a manner that maintains the availability and geographic representation of secure and semi-secure crisis residential centers and HOPE centers.  To achieve efficiencies and increase utilization, the department shall allow the co-location of these centers, except that a youth may not be placed in a secure facility or the secure portion of a co-located facility except as specifically authorized by chapter 13.32A RCW.  The reductions to appropriations in this subsection reflect a reduction to the number of beds for semi-secure crisis residential centers and/or secure crisis residential centers and not a reduction to the cost per bed for the semi-secure crisis residential centers.  The department is to exercise its discretion in reducing the number of beds but to do so in a manner that maintains availability and geographic representation of semi-secure and secure crisis residential centers.

      (6) $564,000 of the general fund--federal appropriation is provided solely to implement Second Substitute House Bill No. 1128 (extended foster care).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (7) The appropriations in this section reflect reductions in the appropriations for the children's administration administrative expenses.  It is the intent of the legislature that these reductions shall be achieved, to the greatest extent possible, by reducing those administrative costs that do not affect direct client services or direct service delivery or programs.

      (8) $47,000 of the general fund--state appropriation for fiscal year 2012, $14,000 of the general fund--state appropriation for fiscal year 2013, and $40,000 of the general fund--federal appropriation are provided solely to implement Substitute House Bill No. 1697 (dependency system).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

NEW SECTION.  Sec. 203.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-JUVENILE REHABILITATION PROGRAM

General Fund‑-State Appropriation (FY 2012)...... $89,983,000

General Fund‑-State Appropriation (FY 2013)...... $90,024,000

General Fund‑-Federal Appropriation......................... $702,000

General Fund‑-Private/Local Appropriation............. $1,912,000

Washington Auto Theft Prevention Authority Account--

State Appropriation..................................................... $196,000

Juvenile Accountability Incentive Account‑-Federal

Appropriation........................................................... $2,805,000

TOTAL APPROPRIATION................................ $185,622,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $331,000 of the general fund--state appropriation for fiscal year 2012 and $331,000 of the general fund--state appropriation for fiscal year 2013 are 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.

      (2) $2,716,000 of the general fund--state appropriation for fiscal year 2012 and $2,716,000 of the general fund--state appropriation for fiscal year 2013 are 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.

      (3) $3,482,000 of the general fund--state appropriation for fiscal year 2012 and $3,482,000 of the general fund--state appropriation for fiscal year 2013 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.

      (4) $1,130,000 of the general fund--state appropriation for fiscal year 2012 and $1,130,000 of the general fund--state appropriation for fiscal year 2013 are 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.

      (5) $3,373,000 of the general fund--state appropriation for fiscal year 2012 and $3,373,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for grants to county juvenile courts for the following programs identified by the Washington state institute for public policy (institute) in its October 2006 report:  "Evidence-Based Public Policy Options to Reduce Future Prison Construction, Criminal Justice Costs and Crime Rates":  Functional family therapy, multi-systemic therapy, aggression replacement training and interagency coordination programs, or other programs with a positive benefit-cost finding in the institute's report.  County juvenile courts shall apply to the juvenile rehabilitation administration for funding for program-specific participation and the administration shall provide grants to the courts consistent with the per-participant treatment costs identified by the institute.

      (6) $1,787,000 of the general fund--state appropriation for fiscal year 2012 and $1,787,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for expansion of the following treatments and therapies in juvenile rehabilitation administration programs identified by the Washington state institute for public policy in its October 2006 report:  "Evidence-Based Public Policy Options to Reduce Future Prison Construction, Criminal Justice Costs and Crime Rates":  Multidimensional treatment foster care, family integrated transitions, and aggression replacement training or other programs with a positive benefit-cost finding in the institute's report.  The administration may concentrate delivery of these treatments and therapies at a limited number of programs to deliver the treatments in a cost-effective manner.

      (7)(a) The juvenile rehabilitation administration shall administer a block grant, rather than categorical funding, of consolidated juvenile service funds, community juvenile accountability act grants, the chemical dependency disposition alternative funds, the mental health disposition alternative, and the sentencing disposition alternative for the purpose of serving youth adjudicated in the juvenile justice system.  In making the block grant, the juvenile rehabilitation administration shall follow the following formula and will prioritize evidence-based programs and disposition alternatives and take into account juvenile courts program-eligible youth in conjunction with the number of youth served in each approved evidence-based program or disposition alternative:  (i) Thirty-seven and one-half percent for the at-risk population of youth ten to seventeen years old; (ii) fifteen percent for moderate and high-risk youth; (iii) twenty-five percent for evidence-based program participation; (iv) seventeen and one-half percent for minority populations; (v) three percent for the chemical dependency disposition alternative; and (vi) two percent for the mental health and sentencing dispositional alternatives.  Funding for the special sex offender disposition alternative (SSODA) shall not be included in the block grant, but allocated on the average daily population in juvenile courts.  Funding for the evidence-based expansion grants shall be excluded from the block grant formula.  Funds may be used for promising practices when approved by the juvenile rehabilitation administration and juvenile courts, through the community juvenile accountability act committee, based on the criteria established in consultation with Washington state institute for public policy and the juvenile courts.

      (b) The juvenile rehabilitation administration shall phase the implementation of the formula provided in subsection (1) of this section by including a stop-loss formula of five percent in fiscal year 2012 and five percent in fiscal year 2013.

      (c) The juvenile rehabilitation administration and the juvenile courts shall establish a block grant funding formula oversight committee with equal representation from the juvenile rehabilitation administration and the juvenile courts.  The purpose of this committee is to assess the ongoing implementation of the block grant funding formula, utilizing data-driven decision making and the most current available information.  The committee will be cochaired by the juvenile rehabilitation administration and the juvenile courts, who will also have the ability to change members of the committee as needed to achieve its purpose.  Initial members will include one juvenile court representative from the finance committee, the community juvenile accountability act committee, the risk assessment quality assurance committee, the executive board of the Washington association of juvenile court administrators, the Washington state center for court research, and a representative of the superior court judges association; two representatives from the juvenile rehabilitation administration headquarters program oversight staff, two representatives of the juvenile rehabilitation administration regional office staff, one representative of the juvenile rehabilitation administration fiscal staff and a juvenile rehabilitation administration division director.  The committee may make changes to the formula categories other than the evidence-based program and disposition alternative categories if it is determined the changes will increase statewide service delivery or effectiveness of evidence-based program or disposition alternative resulting in increased cost benefit savings to the state.  Long-term cost benefit must be considered.  Percentage changes may occur in the evidence-based program or disposition alternative categories of the formula should it be determined the changes will increase evidence-based program or disposition alternative delivery and increase the cost benefit to the state.  These outcomes will also be considered in determining when evidence-based expansion or special sex offender disposition alternative funds should be included in the block grant or left separate.

      (8) The juvenile courts and administrative office of the courts shall collect and distribute information related to program outcome and provide access to these data systems to the juvenile rehabilitation administration and Washington state institute for public policy.  Consistent with chapter 13.50 RCW, all confidentiality agreements necessary to implement this information-sharing shall be approved within 30 days of the effective date of this section.  The agreements between administrative office of the courts, the juvenile courts, and the juvenile rehabilitation administration shall be executed to ensure that the juvenile rehabilitation administration receives the data that the juvenile rehabilitation administration identifies as needed to comply with this subsection.  This includes, but is not limited to, information by program at the statewide aggregate level, individual court level, and individual client level for the purpose of the juvenile rehabilitation administration providing quality assurance and oversight for the locally committed youth block grant and associated funds and at times as specified by the juvenile rehabilitation administration as necessary to carry out these functions.  The data shall be provided in a manner that reflects the collaborative work the juvenile rehabilitation administration and juvenile courts have developed regarding program outcomes that reinforce the greatest cost benefit to the state in the implementation of evidence-based practices and disposition alternatives.

NEW SECTION.  Sec. 204.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-MENTAL HEALTH PROGRAM

      (1) COMMUNITY SERVICES/REGIONAL SUPPORT NETWORKS

General Fund‑-State Appropriation (FY 2012).... $322,859,000

General Fund‑-State Appropriation (FY 2013).... $327,898,000

General Fund‑-Federal Appropriation.................. $469,451,000

General Fund‑-Private/Local Appropriation........... $18,719,000

Hospital Safety Net Assessment Fund--State

Appropriation........................................................... $6,802,000

TOTAL APPROPRIATION............................. $1,145,729,000

      The appropriations in this subsection are subject to the following conditions and limitations:

      (a) $104,994,000 of the general fund--state appropriation for fiscal year 2012 and $104,994,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for persons and services not covered by the medicaid program.  This is a reduction of $8,695,000 each fiscal year from the nonmedicaid funding that was allocated for expenditure by regional support networks during fiscal year 2011 prior to supplemental budget reductions.  This $8,695,000 reduction shall be distributed among regional support networks proportional to each network's share of the total state population.  To the extent possible, levels of regional support network spending shall be maintained in the following priority order:  (i) Crisis and commitment services; (ii) community inpatient services; and (iii) residential care services, including personal care and emergency housing assistance.

      (b) $6,590,000 of the general fund--state appropriation for fiscal year 2012, $6,590,000 of the general fund--state appropriation for fiscal year 2013, and $7,620,000 of the general fund--federal appropriation are provided solely for the department and regional support networks to continue to contract for implementation of high-intensity programs for assertive community treatment (PACT) teams.  In determining the proportion of medicaid and nonmedicaid funding provided to regional support networks with PACT teams, the department shall consider the differences between regional support networks in the percentages of services and other costs associated with the teams that are not reimbursable under medicaid.  The department may allow regional support networks which have nonmedicaid reimbursable costs that are higher than the nonmedicaid allocation they receive under this section to supplement these funds with local dollars or funds received under section 204(1)(a) of this act.  The department and regional support networks shall maintain consistency with all essential elements of the PACT evidence-based practice model in programs funded under this section.

      (c) $5,850,000 of the general fund--state appropriation for fiscal year 2012, $5,850,000 of the general fund--state appropriation for fiscal year 2013, and $1,300,000 of the general fund--federal appropriation are provided solely for the western Washington regional support networks to provide either community- or hospital campus-based services for persons who require the level of care previously provided by the program for adaptive living skills (PALS) at western state hospital.

      (d) The number of nonforensic beds allocated for use by regional support networks at eastern state hospital shall be 192 per day.  The number of nonforensic beds allocated for use by regional support networks at western state hospital shall be 557 per day.

      (e) 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 disability services administration for the general fund--state cost of medicaid personal care services that enrolled regional support network consumers use because of their psychiatric disability.

      (f) $4,582,000 of the general fund--state appropriation for fiscal year 2012 and $4,582,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for mental health services for mentally ill offenders while confined in a county or city jail and for facilitating access to programs that offer mental health services upon release from confinement.

      (g) The department is authorized to continue to contract directly, rather than through contracts with regional support networks, for children's long-term inpatient facility services.

      (h) $750,000 of the general fund--state appropriation for fiscal year 2012 and $750,000 of the general fund--state appropriation for fiscal year 2013 are provided solely to continue performance-based incentive contracts to provide appropriate community support services for individuals with severe mental illness who were discharged from the state hospitals as part of the expanding community services initiative.  These funds will be used to enhance community residential and support services provided by regional support networks through other state and federal funding.

      (i) $1,125,000 of the general fund--state appropriation for fiscal year 2012 and $1,125,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the Spokane regional support network to implement services to reduce utilization and the census at eastern state hospital.  Such services shall include:

      (i) High intensity treatment team for persons who are high utilizers of psychiatric inpatient services, including those with co-occurring disorders and other special needs;

      (ii) Crisis outreach and diversion services to stabilize in the community individuals in crisis who are at risk of requiring inpatient care or jail services;

      (iii) Mental health services provided in nursing facilities to individuals with dementia, and consultation to facility staff treating those individuals; and

      (iv) Services at the sixteen-bed evaluation and treatment facility.

      At least annually, the Spokane regional support network shall assess the effectiveness of these services in reducing utilization at eastern state hospital, identify services that are not optimally effective, and modify those services to improve their effectiveness.

      (j) $1,529,000 of the general fund--state appropriation for fiscal year 2012 and $1,529,000 of the general fund--state appropriation for fiscal year 2013 are provided solely to reimburse Pierce and Spokane counties for the cost of conducting 180-day commitment hearings at the state psychiatric hospitals.  Pierce and Spokane counties shall not bill the patients' regional support networks of origin for the cost of such hearings.

      (k) Regional support networks may use local funds to earn additional federal medicaid match, provided the locally matched rate does not exceed the upper-bound of their federally allowable rate range, and provided that the enhanced funding is used only to provide medicaid state plan or waiver services to medicaid clients.  Additionally, regional support networks may use a portion of the state funds allocated in accordance with (a) of this subsection to earn additional medicaid match, but only to the extent that the application of such funds to medicaid services does not diminish the level of crisis and commitment, community inpatient, residential care, and outpatient services presently available to persons not eligible for medicaid.

      (l) $1,015,000 of the general fund--private/local appropriation and $4,031,000 of the general fund--federal appropriation are provided solely to design and implement community-based projects for improving integration and coordination of behavioral health and medical care for persons with serious and persistent mental illness.  The projects, which shall be developed and implemented in partnership with community mental health centers, regional support networks, and the medical assistance program, shall develop and test strategies for improving health and reducing medical costs for people with serious and persistent mental illness through better coordination of physical and behavioral health care.  Funding shall be used for initial project start-up and training; for provision of access to electronic data for tracking and predicting participants' medical utilization; for project evaluation; and as state matching funds for the enhanced federal funding available for coordinated care management under section 2703 of the federal patient protection and affordable care act.  The department shall report to appropriate committees of the legislature on project status, performance, and outcomes by November 15th of each year.  For purposes of this effort, the department shall enter into an interagency agreement with the office of the attorney general for expenditure of $1,015,000 of the state's proceeds of the cy pres settlement in State of Washington vs. AstraZeneca (Seroquel).

      (m) $200,000 of the general fund--state appropriation for fiscal year 2012 and $200,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the north central Washington regional support network to maintain crisis response, involuntary commitment, and other essential nonmedicaid services.

      (n) Given the recent approval of federal medicaid matching funds for the disability lifeline and the alcohol and drug abuse treatment support act programs, the department shall charge regional support networks for only the state share rather than the total cost of community psychiatric hospitalization for persons enrolled in those programs.

      (o) $750,000 of the general fund--state appropriation for fiscal year 2012, $750,000 of the general fund--state appropriation for fiscal year 2013, and $1,500,000 of the general fund--federal appropriation are provided solely to adjust regional support network capitation rates to account for the per diem rates actually paid for psychiatric care provided at hospitals participating in the certified public expenditure program operated pursuant to section 209 of this act.

      (2) INSTITUTIONAL SERVICES

General Fund‑-State Appropriation (FY 2012).... $119,947,000

General Fund‑-State Appropriation (FY 2013).... $118,341,000

General Fund‑-Federal Appropriation.................. $152,269,000

General Fund‑-Private/Local Appropriation........... $65,834,000

TOTAL APPROPRIATION................................ $456,391,000

      The appropriations in this subsection are subject to the following conditions and limitations:

      (a) The state psychiatric 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) $231,000 of the general fund--state appropriation for fiscal year 2012 and $231,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a community partnership between western state hospital and the city of Lakewood to support community policing efforts in the Lakewood community surrounding western state hospital.  The amounts provided in this subsection (2)(b) are for the salaries, benefits, supplies, and equipment for one full-time investigator, one full-time police officer, and one full-time community service officer at the city of Lakewood.

      (c) $45,000 of the general fund--state appropriation for fiscal year 2012 and $45,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for payment to the city of Lakewood for police services provided by the city at western state hospital and adjacent areas.

      (d) $20,000,000 of the general fund--state appropriation for fiscal year 2012 and $20,000,000 of the general fund--state appropriation for fiscal year 2013 are provided solely to maintain staffed capacity to serve an average daily census in forensic wards at western state hospital of 270 patients per day during the first six months of fiscal year 2012, and 240 patients per day thereafter.

      (3) SPECIAL PROJECTS

General Fund‑-State Appropriation (FY 2012)........ $1,809,000

General Fund‑-State Appropriation (FY 2013)........ $1,814,000

General Fund‑-Federal Appropriation...................... $2,682,000

TOTAL APPROPRIATION.................................... $6,305,000

      The appropriations in this subsection are subject to the following conditions and limitations:  $1,161,000 of the general fund--state appropriation for fiscal year 2012 and $1,161,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for children's evidence based mental health services.  Funding is sufficient to continue serving children at the same levels as fiscal year 2009.

      (4) PROGRAM SUPPORT

General Fund‑-State Appropriation (FY 2012)........ $4,911,000

General Fund‑-State Appropriation (FY 2013)........ $4,744,000

General Fund‑-Federal Appropriation...................... $7,156,000

General Fund--Private/Local Appropriation................ $108,000

TOTAL APPROPRIATION.................................. $16,919,000

      (a) In accordance with RCW 43.20B.110, 43.135.055, and 71.24.035, the department is authorized to increase existing license and certification fees by up to fifty percent in fiscal years 2012 and 2013.  The department's fee schedule shall have differential rates for providers with proof of accreditation from organizations that the department has determined to have substantially equivalent standards to those of the department, including but not limited to the joint commission on accreditation of health care organizations, the commission on accreditation of rehabilitation facilities, and the council on accreditation.  To reflect the reduced costs associated with regulation of accredited programs, the department's fees for organizations with such proof of accreditation must reflect the lower costs of licensing for these programs than for other organizations which are not accredited.

      (b) $72,000 of the general fund--state appropriation for fiscal year 2012, $64,000 of the general fund--state appropriation for fiscal year 2013, and $97,000 of the general fund--federal appropriation are provided solely for implementation of Senate Bill No. 5531 (ITA judicial services).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

NEW SECTION.  Sec. 205.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-DEVELOPMENTAL DISABILITIES PROGRAM

      (1) COMMUNITY SERVICES

General Fund‑-State Appropriation (FY 2012).... $423,295,000

General Fund‑-State Appropriation (FY 2013).... $427,309,000

General Fund‑-Federal Appropriation.................. $754,715,000

General Fund--Private/Local Appropriation................ $349,000

State Efficiency and Restructuring Account--State

Appropriation......................................................... $13,659,000

Community Residential Investment Account--State

Appropriation......................................................... $12,300,000

TOTAL APPROPRIATION............................. $1,631,627,000

      The appropriations in this subsection are subject to the following conditions and limitations:

      (a) Individuals receiving services as supplemental security income (SSI) state supplemental payments shall not become eligible for medical assistance under RCW 74.09.510 due solely to the receipt of SSI state supplemental payments.

      (b) Amounts appropriated in this section reflect a reduction to funds appropriated for in-home care.  The department shall reduce the number of in-home hours authorized.  The reduction shall be scaled based on the acuity level of care recipients.  The largest hour reductions shall be to lower acuity patients and the smallest hour reductions shall be to higher acuity patients.

      (c) Amounts appropriated in this section are sufficient to develop and implement the use of a consistent, statewide outcome-based vendor contract for employment and day services by July 1, 2012.  The rates paid to vendors under this contract shall also be made consistent.  In its description of activities, the agency shall include activity listings and dollars appropriated for:  Employment services, day services, child development services, and county administration of services to the developmentally disabled.  The department shall begin reporting to the office of financial management on these activities in fiscal year 2010.

      (d) $14,241,000 of the general fund--state appropriation for fiscal year 2012, $14,928,000 of the general fund--state appropriation for fiscal year 2013, and $29,169,000 of the general fund--federal appropriation are provided solely for state contributions for individual provider health care benefits.  Pursuant to the collective bargaining agreement negotiated with the exclusive bargaining representative of individual providers established under RCW 74.39A.270, the state shall contribute to the multiemployer health benefits trust fund $1.96 per paid hour worked by individual providers.

      (e)(i) $1,508,000 of the general fund--state appropriation for fiscal year 2012, $1,608,000 of the general fund--state appropriation for fiscal year 2013, and $3,117,000 of the general fund--federal appropriation are provided solely for home care agencies to purchase health coverage for home care providers.  In order to negotiate the most comprehensive health benefits package for its employees, each agency may determine benefit levels according to the hours an employee works to provide state-funded personal care.  At a minimum, employees who work 35 hours per week or greater must receive a comprehensive medical benefit.  The department shall not pay an agency for benefits provided to an employee who otherwise receives health care coverage through other family members, other employment-based coverage, or military or veteran's coverage.  The department shall require each home care agency to annually review each of its employee's available health coverage and to provide a written declaration to the department verifying that health benefits purchased with public funds are solely for employees that do not have other available coverage.  Home care agencies may determine a reasonable employee copremium not to exceed 20 percent of the total benefit cost.

      (ii) As an alternative, an agency provider who works a minimum of 35 hours per week may select coverage in the basic health plan provided they meet all other eligibility requirements of the basic health plan.  The department shall work cooperatively with the health care authority to facilitate enrollment of eligible home care agency providers.  For eligible providers who chose coverage in the basic health plan, the department shall transfer the state's share of the premium to the health care authority on behalf of the provider.

      (f) $1,127,000 of the general fund--state appropriation for fiscal year 2012, $1,199,000 of the general fund--state appropriation for fiscal year 2013, and $2,322,000 of the general fund--federal appropriation are provided solely for the state's contribution to the training partnership, as provided in RCW 74.39A.360, for instructional costs associated with the training of individual providers.  House Bill No. 1548 and Senate Bill No. 5473 (long-term care worker requirements) make statutory changes to the increased training requirements and therefore the state shall contribute to the partnership $0.17 per paid hour worked by all home care workers.  This amount is pursuant to the collective bargaining agreement negotiated with the exclusive bargaining representative of individual providers established under RCW 74.39A.270.  Expenditures for the purposes specified in this subsection shall not exceed the amounts provided in this subsection.

      (g) $475,000 of the general fund--state appropriation for fiscal year 2012, $490,000 of the general fund--state appropriation for fiscal year 2013, and $967,000 of the general fund--federal appropriation are provided solely to compensate individual providers who are not related to their clients and agency providers for time required to participate in enhanced mandatory basic training.

      (h)(i) Within the amounts appropriated in this section, the department shall revise the current working age adult policy to allow clients to choose between employment and community access activities.  Clients age 21 and older who are receiving services through a home- and community-based medicaid waiver shall be offered the choice to transition to a community access program after nine months of enrollment in an employment program, and the option to transition from a community access program to an employment program at any time.  The department shall inform clients and their legal representatives of all available options for employment and day services.  Information provided to the client and the client's legal representative shall include the types of activities each service option provides, and the amount, scope, and duration of service for which the client would be eligible under each service option.  An individual client may be authorized for only one service option, either employment services or community access services.  Clients may not participate in more than one of these services at any given time.

      (ii) The department shall work with counties and stakeholders to strengthen and expand the existing community access program.  The program must emphasize support for the client so they are able to participate in activities that integrate them into their community and support independent living and skills.

      (iii) The appropriation in this subsection includes funding to provide employment or community access services to 168 young adults with developmental disabilities living with their families who need employment opportunities and assistance after high school graduation.

      (i) The department shall assess and determine whether it would be cost-efficient for the state to exercise the option made available under section 1915(k) of the federal social security act (42 U.S.C. Sec. 1396n(k)).  If the department determines that it would be cost-efficient for the state to exercise the federal option, it shall prepare a proposal to provide home- and community-based attendant services and supports that include assistance with activities of daily living (ADL's), instrumental activities of daily living (IADL's), and health-related tasks pursuant to section 1915(k) of the federal social security act (42 U.S.C. Sec. 1396n(k)) and submit that plan to the legislature during the next legislative session.

      (j) The division of developmental disabilities may transfer funds between the community services and institutional services programs for the purpose of facilitating the consolidation and closure of residential habilitation centers pursuant to Substitute Senate Bill No. 5459 (concerning transition services for people with developmental disabilities).

      (k) $3,000,000 of the general fund--state appropriation for fiscal year 2012 and $3,150,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for deposit into the community residential investment account.

      (l) $13,659,000 of the state efficiency and restructuring account--state appropriation and $19,921,000 of the general fund--federal appropriation are provided solely to support residents moving from residential habilitation centers into the community.  The funds may be used to provide community residential start-up costs, community provider payments, expansion of the current state operated living alternatives program, establishing new community residential capacity, providing crisis and respite services in the community, and other services and supports as necessary to facilitate transition.

      (m) $6,150,000 of the community residential investment account--state appropriation and $6,150,000 of the general fund--federal appropriation are provided solely for increasing enrollment on the community-based medicaid waivers operated by the department and providing additional short-term crisis respite and regular respite for individuals with developmental disabilities and their families.  Of the community residential investment account--state appropriation specified in this subsection, up to $150,000 may be expended for a study that examines potential public use of the residential habilitation centers vacated by the department.

      (n) In accordance with Substitute Senate Bill No. 5092 (licensed settings for vulnerable adults), the department is authorized to increase adult family home fees in fiscal years 2012 and 2013 as specified in this subsection to support the actual costs of conducting licensure, inspection, and regulatory programs.

      (i) The current annual renewal license fee for adult family homes shall be increased to $136 per bed in fiscal year 2012 and $350 per bed in fiscal year 2013.

      (ii) Adult family homes shall receive a corresponding vendor rate increase of $0.32 per medicaid patient day in fiscal year 2012 and $0.91 per medicaid patient day in fiscal year 2013 to cover the license fee increase for publicly funded beds.

      (2) INSTITUTIONAL SERVICES

General Fund‑-State Appropriation (FY 2012)...... $82,188,000

General Fund‑-State Appropriation (FY 2013)...... $81,852,000

General Fund‑-Federal Appropriation.................. $151,175,000

General Fund‑-Private/Local Appropriation........... $20,725,000

State Efficiency and Restructuring Account--State

Appropriation........................................................... $3,715,000

TOTAL APPROPRIATION................................ $339,655,000

      The appropriations in this subsection are subject to the following conditions and limitations:

      (a) Individuals receiving services as supplemental security income (SSI) state supplemental payments shall not become eligible for medical assistance under RCW 74.09.510 due solely to the receipt of SSI state supplemental payments.

      (b) $721,000 of the general fund--state appropriation for fiscal year 2012 and $721,000 of the general fund--state appropriation for fiscal year 2013 are for the department to fulfill its contracts with the school districts under chapter 28A.190 RCW to provide transportation, building space, and other support services as are reasonably necessary to support the educational programs of students living in residential habilitation centers.

      (c) In addition to other reductions, the appropriations in this subsection reflect reductions targeted specifically to state government administrative costs.  These administrative reductions shall be achieved, to the greatest extent possible, by reducing those administrative costs that do not affect direct client services or direct service delivery or programs.

      (d) The state is consolidating the number of institutions it operates to care for clients with developmental disabilities.  The department shall conduct individual assessments, and work closely with the clients and the clients' legal representatives to develop individual transition and support plans to help ensure the clients' physical and mental health, welfare, and safety through this process.

      (3) PROGRAM SUPPORT

General Fund‑-State Appropriation (FY 2012)........ $1,433,000

General Fund‑-State Appropriation (FY 2013)........ $1,431,000

General Fund‑-Federal Appropriation...................... $1,379,000

TOTAL APPROPRIATION.................................... $4,243,000

NEW SECTION.  Sec. 206.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-AGING AND ADULTSERVICES PROGRAM

General Fund‑-State Appropriation (FY 2012).... $787,273,000

General Fund‑-State Appropriation (FY 2013).... $820,556,000

General Fund‑-Federal Appropriation............... $1,737,016,000

General Fund‑-Private/Local Appropriation........... $29,991,000

Traumatic Brain Injury Account‑-State Appropriation $3,394,000

Skilled Nursing Facility Safety Net Assessment Fund--

State Appropriation.............................................. $126,000,000

TOTAL APPROPRIATION............................. $3,504,230,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) For purposes of implementing chapter 74.46 RCW, the weighted average nursing facility payment rate shall not exceed $160.18 for fiscal year 2012 and shall not exceed $165.36 for fiscal year 2013, except as provided in (a) of this subsection.

      (a) The legislature assumes that any necessary state plan amendments and waivers requested from the federal centers for medicare and medicaid services in relation to the safety net assessment created by House Bill No. 1722 or Substitute Senate Bill No. 5581 (nursing home safety net assessment) will be approved and implemented.  Accordingly, the weighted average nursing facility payment rate shall not exceed $182.66 for fiscal year 2012 and shall not exceed $188.63 for fiscal year 2013 including the rate add-ons described in (c), (d), and (e) of this subsection.  However, if the safety net assessment created by House Bill No. 1722 or Substitute Senate Bill No. 5581 (nursing home safety net assessment) is not approved and implemented, the rate ceilings specified in this subsection (1)(a) are void.

      (b) There will be no adjustments for economic trends and conditions in fiscal years 2012 and 2013.  The economic trends and conditions factor or factors defined in the biennial appropriations act shall not be compounded with the economic trends and conditions factor or factors defined in any other biennial appropriations acts before applying it to the component rate allocations established in accordance with chapter 74.46 RCW.  When no economic trends and conditions factor for either fiscal year is defined in a biennial appropriations act, no economic trends and conditions factor or factors defined in any earlier biennial appropriations act shall be applied solely or compounded to the component rate allocations established in accordance with chapter 74.46 RCW.

      (d) Within the funds provided, the department shall continue to provide an add-on per medicaid resident day per facility not to exceed $1.57.  The add-on shall be used to increase wages, benefits, and/or staffing levels for certified nurse aides; or to increase wages and/or benefits for dietary aides, housekeepers, laundry aides, or any other category of worker whose statewide average dollars-per-hour wage was less than $15 in calendar year 2008, according to cost report data.  The add-on may also be used to address resulting wage compression for related job classes immediately affected by wage increases to low-wage workers.  The department shall continue reporting requirements and a settlement process to ensure that the funds are spent according to this subsection.

      (d) $15,903,000 of the skilled nursing facility safety net assessment fund--state appropriation and $15,903,000 of the general fund--federal appropriation are provided solely for an acuity-based add-on to the direct care rate.  The department shall determine the resident acuity add-on pursuant to House Bill No. 1722 or Substitute Senate Bill No. 5581 (nursing home safety net assessment) using a nine percent add-on for facilities in the highest acuity quartile, a six percent add-on for facilities in the next quartile, three percent for facilities in the next quartile, and a negative one percent add-on for facilities in the lowest acuity quartile.

      (e) $34,444,000 of the skilled nursing facility safety net assessment fund--state appropriation and $34,444,000 of the general fund--federal appropriation are provided solely for a rate enhancement available to all nursing facilities participating in the state's medicaid program.  The add-on shall be calculated as follows:  Seven percent add-on to the direct care rate and five percent add-on to each of the therapy care, support services, and operations components.  If House Bill No. 1722 or Substitute Senate Bill No. 5581 (nursing home safety net assessment) is not enacted, the amounts provided in this subsection shall lapse.

      (f) The department shall provide a medicaid rate add-on to reimburse the medicaid share of the skilled nursing facility safety net assessment as a medicaid allowable cost.  The nursing facility safety net rate add-on may not be included in the calculation of the annual statewide weighted average nursing facility payment rate.

      (g) If the waiver requested from the federal centers for medicare and medicaid services in relation to the safety net assessment created by House Bill No. 1722 or Substitute Senate Bill No. 5581 (nursing home safety net assessment) is for any reason not approved and implemented, (d), (e), and (f) of this subsection do not apply.

      (h) The rate add-ons provided in (d) and (e) of this subsection are discretionary and are provided in addition to the base nursing facility rate.  The legislature has examined actual nursing facility cost information and the legislature finds that the nursing facility rates funded pursuant to the budget dials specified in this subsection (1), excluding (a) of this subsection (1), are sufficient to reimburse efficient and economically operating homes.  The legislature's choice to fund the add-ons specified in subsections (d) and (e) of this subsection in any year is not indicative of an obligation to fund the add-ons in any subsequent year.

      (2) In accordance with chapter 74.46 RCW, the department shall issue no additional certificates of capital authorization for fiscal year 2012 and no new certificates of capital authorization for fiscal year 2013 and shall grant no rate add-ons to payment rates for capital improvements not requiring a certificate of need and a certificate of capital authorization for fiscal years 2012 and 2013.

      (3) The long-term care program may develop and pay enhanced rates for exceptional care to nursing homes for persons with traumatic brain injuries who are transitioning from hospital care.  The cost per patient day for caring for these clients in a nursing home setting may be equal to or less than the cost of caring for these clients in a hospital setting.

      (4) Amounts appropriated in this section reflect a reduction to funds appropriated for in-home care.  The department shall reduce the number of in-home hours authorized.  The reduction shall be scaled based on the acuity level of care recipients.  The largest hour reductions shall be to lower acuity patients and the smallest hour reductions shall be to higher acuity patients.

      (5) $27,279,000 of the general fund--state appropriation for fiscal year 2012, $28,827,000 of the general fund--state appropriation for fiscal year 2013, and $56,106,000 of the general fund--federal appropriation are provided solely for state contributions for individual provider health care benefits.  Pursuant to the collective bargaining agreement negotiated with the exclusive bargaining representative of individual providers established under RCW 74.39A.270, the state shall contribute to the multiemployer health benefits trust fund $1.96 per paid hour worked by individual providers.

      (6)(a) $13,575,000 of the general fund--state appropriation for fiscal year 2012, $14,476,000 of the general fund--state appropriation for fiscal year 2013, and $28,053,000 of the general fund--federal appropriation are provided solely for health coverage for home care agency providers.  In order to negotiate the most comprehensive health benefits package for its employees, each agency may determine benefit levels according to the hours an employee works to provide state-funded personal care.  At a minimum, employees who work 35 hours a week or greater must receive a comprehensive medical benefit.  The department shall not pay an agency for benefits provided to an employee who otherwise receives health care coverage through other family members, other employment-based coverage, or military or veteran's coverage.  The department shall require annually, each home care agency to review each of its employee's available health coverage and to provide a written declaration to the department verifying that health benefits purchased with public funds are solely for employees that do not have other available coverage.  Home care agencies may determine a reasonable employee copremium not to exceed 20 percent of the total benefit cost.

      (b) As an alternative, an agency provider who works a minimum of 35 hours per week may select coverage in the basic health plan provided they meet all other eligibility requirements for the basic health plan.  The department of social and health services shall work cooperatively with the health care authority to facilitate enrollment of eligible home care agency providers.  For eligible providers who chose coverage in the basic health plan, the department shall transfer the state's share of the premium to the health care authority on behalf of the provider.

      (7) $2,063,000 of the general fund--state appropriation for fiscal year 2012, $2,195,000 of the general fund--state appropriation for fiscal year 2013, and $4,260,000 of the general fund--federal appropriation are provided solely for the state's contribution to the training partnership, as provided in RCW 74.39A.360, for instructional costs associated with the training of individual providers.  House Bill No. 1548 and Senate Bill No. 5473 (long-term care worker requirements) make statutory changes to the increased training requirements and therefore the state shall contribute to the partnership $0.17 per paid hour worked by all home care workers.  This amount is pursuant to the collective bargaining agreement negotiated with the exclusive bargaining representative of individual providers established under RCW 74.39A.270.  Expenditures for the purposes specified in this subsection shall not exceed the amounts provided in this subsection.

      (8) $1,775,000 of the general fund--state appropriation for fiscal year 2012, $1,866,000 of the general fund--state appropriation for fiscal year 2013, and $3,642,000 of the general fund--federal appropriation are provided solely to compensate individual providers who are not related to their clients and agency providers for time required to participate in enhanced mandatory basic training.

      (9) Individuals receiving services as supplemental security income (SSI) state supplemental payments shall not become eligible for medical assistance under RCW 74.09.510 due solely to the receipt of SSI state supplemental payments.

      (10) The department shall assess and determine whether it would be cost-efficient for the state to exercise the option made available under section 1915(k) of the federal social security act (42 U.S.C. Sec. 1396n(k)).  If the department determines that it would be cost efficient for the state to exercise the federal option, it shall prepare a proposal to provide home- and community-based attendant services and supports that include assistance with activities of daily living (ADL's), instrumental activities of daily living (IADL's), and health-related tasks pursuant to section 1915(k) of the federal social security act (42 U.S.C. Sec. 1396n(k)) and submit that plan to the legislature during the subsequent legislative session.

      (11) The department shall eliminate the adult day health program under the state plan 1915(i) option and shall reestablish it under the long-term care home and community-based waiver.  The department shall also establish a day services option under the developmental disabilities home and community-based service waivers.

      (12) $4,588,000 of the general fund--state appropriation for fiscal year 2012, $4,559,000 of the general fund--state appropriation for fiscal year 2013, and $9,237,000 of the general fund--federal appropriation are provided solely for the continued operation of community residential and support services for persons who are older adults or who have co-occurring medical and behavioral disorders and who have been discharged or diverted from a state psychiatric hospital.  These funds shall be used to serve individuals whose treatment needs constitute substantial barriers to community placement, who no longer require active psychiatric treatment at an inpatient hospital level of care, and who no longer meet the criteria for inpatient involuntary commitment.

      (13) $1,840,000 of the general fund--state appropriation for fiscal year 2012 and $1,877,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for operation of the volunteer services program.  Funding shall be prioritized towards serving populations traditionally served by long-term care services to include senior citizens and persons with disabilities.

      (14) In accordance with Substitute Senate Bill No. 5092 (licensed settings for vulnerable adults) nursing facility and adult family home fees are increased in fiscal years 2012 and 2013 as specified in this subsection to support the costs of conducting licensure, inspection, and regulatory programs.

      (a) The current annual renewal license fee for nursing facilities shall be increased to $359 per bed beginning in fiscal year 2012 and assumes $517,000 of the general fund--private/local appropriation.  Nursing facilities shall receive a vendor rate increase of $0.08 per medicaid patient day to cover the license fee increase for publicly funded beds.

      (b) The current annual renewal license fee for adult family homes shall be increased to $136 per bed in fiscal year 2012 and $350 per bed in fiscal year 2013.  Adult family homes shall receive a corresponding vendor rate increase of $0.32 per medicaid patient day in fiscal year 2012 and $0.91 per medicaid patient day in fiscal year 2013 to cover the license fee increase for publicly funded beds.

      (c) $338,000 of the general fund--state appropriation for fiscal year 2012, $370,000 of the general fund--state appropriation for fiscal year 2013, and $708,000 of the general fund--federal appropriation are provided solely for sections 501, 502, and 503 of Second Substitute Senate Bill No. 5092 (licensed settings for vulnerable adults) for additional investigative resources to address complaints about provider practices as well as alleged abuse, neglect, abandonment, and exploitation of residents in adult family homes.  The department shall develop a statewide internal quality review and accountability program to improve the accountability of staff and the consistent application of investigative activities, and shall provide information and support to the long-term care ombudsman's adult family home quality assurance panel.  If Second Substitute Senate Bill No. 5092 (licensed settings for vulnerable adults) is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (15) $3,316,000 of the traumatic brain injury account--state appropriation is provided solely to continue services for persons with traumatic brain injury (TBI) as defined in Substitute House Bill No. 1614 (traumatic brain injury strategic partnership).

      (16) The department is authorized to place long-term care clients residing in nursing homes and paid for with state only funds into less restrictive community care settings while continuing to meet the client's care needs.

NEW SECTION.  Sec. 207.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-ECONOMIC SERVICES PROGRAM

General Fund‑-State Appropriation (FY 2012).... $509,794,000

General Fund‑-State Appropriation (FY 2013).... $511,658,000

General Fund‑-Federal Appropriation............... $1,041,502,000

General Fund‑-Private/Local Appropriation........... $30,592,000

TOTAL APPROPRIATION............................. $2,093,546,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $242,143,000 of the general fund--state appropriation for fiscal year 2012, $242,727,000 of the general fund--state appropriation for fiscal year 2013, and $479,539,000 of the general fund--federal appropriation are solely provided for temporary assistance for needy families cash grants, working connections child care, seasonal child care, tribal temporary assistance for needy families state maintenance of effort, diversion cash assistance, and consolidated emergency assistance program.  Under section 2 of Senate Bill No. 5921, the amounts in this subsection assume that any participant in the temporary assistance for needy families where their participation is suspended and does not volunteer to participate in WorkFirst services or unsubsidized employment does not receive child care subsidies or WorkFirst subsidies as a condition of the suspension.

      (a) Within the amounts provided in this subsection, $1,414,000 of the general fund--state appropriation for fiscal year 2012 and $5,150,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the implementation and administration of the electronic benefit transfer system under section 10 of Senate Bill No. 5921.  The department shall transfer these amounts to the department of early learning for the implementation and administration of the project.

      (2) $142,766,000 of the general fund--federal appropriation is provided solely for WorkFirst services and shall not exceed $139,197,000 unless the department uses competitive performance-based contracting to select the public or private vendors or partner agencies to provide services in the WorkFirst program no later than June 30, 2012, under section 3 of Senate Bill No. 5921.  The legislature will determine whether the condition will be met in the 2012 omnibus appropriations act and the department and WorkFirst subcabinet shall provide all necessary information to the legislature for its consideration and determination.

      (3) $55,481,000 of the general fund--state appropriation for fiscal year 2012, $54,896,000 of the general fund--state appropriation for fiscal year 2013, and $41,343,000 of the general fund--federal appropriation are provided solely for the department of social and health services staffing related to WorkFirst and section 8 of Senate Bill No. 5921.

      (a) The department shall create a temporary assistance for needy families budget structure that allows for more transparent tracking of budget units and subunits of expenditures where these units and subunits are mutually exclusive from other department budget units and within the temporary assistance for needy families budget units.  The budget structure shall follow the organization of subsections (1) through (4) in this section.

      (4) $20,260,000 of the general fund--federal appropriation is provided solely for a contingency reserve in the event the temporary assistance for needy families cash benefit is projected to exceed forecasted amounts by more than one percent.  The department shall only expend an amount equal to the forecasted over expenditure.  For purposes of this subsection, the temporary assistance forecast shall be completed every quarter and follow a similar schedule of the caseload forecast council forecasts.

      (5)(a) $8,198,000 of the general fund--state appropriation for fiscal year 2012 and $9,216,000 of the general fund--state appropriation for fiscal year 2013, in addition to supplemental security income (SSI) recoveries, are provided solely for cash assistance in the disability lifeline-expedited program housing and nonhousing components per Senate Bill No. 5938 (disability lifeline).  These amounts include the transfer of disability lifeline-disabled clients who meet social security income citizenship standards into the disability lifeline-expedited program.

      (b) The department shall work with the department of commerce to jointly coordinate referrals and eligibility for the disability lifeline-expedited housing component clients.

      (6) To ensure expenditures remain within available funds appropriated in this section, the legislature establishes the benefit under the state food assistance program, pursuant to RCW 74.08A.120, to be fifty percent of the federal supplemental nutrition assistance program benefit amount.

      (7) The appropriations in this section reflect reductions in the appropriations for the economic services administration's administrative expenses.  It is the intent of the legislature that these reductions shall be achieved, to the greatest extent possible, by reducing those administrative costs that do not affect direct client services or direct service delivery or program.

NEW SECTION.  Sec. 208.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-ALCOHOL AND SUBSTANCE ABUSE PROGRAM

General Fund‑-State Appropriation (FY 2012)...... $74,910,000

General Fund‑-State Appropriation (FY 2013)...... $75,716,000

General Fund‑-Federal Appropriation.................. $139,221,000

General Fund‑-Private/Local Appropriation............. $2,086,000

Criminal Justice Treatment Account‑-State

Appropriation......................................................... $17,760,000

 Problem Gambling Account‑-State Appropriation.. $1,455,000

TOTAL APPROPRIATION................................ $311,148,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) Within the amounts appropriated in this section, the department may contract with the University of Washington and community-based providers for the provision of the parent-child assistance program.  For all contractors, indirect charges for administering the program shall not exceed ten percent of the total contract amount.

      (2) Within the amounts appropriated in this section, the department shall continue to provide for chemical dependency treatment services for adult medicaid eligible, pregnant and parenting women, disability lifeline, and alcoholism and drug addiction treatment and support act patients.

      (3) In accordance with RCW 70.96A.090 and 43.135.055, the department is authorized to increase fees for the review and approval of treatment programs in fiscal years 2012 and 2013 as necessary to support the costs of the regulatory program.  The department's fee schedule shall have differential rates for providers with proof of accreditation from organizations that the department has determined to have substantially equivalent standards to those of the department, including but not limited to the joint commission on accreditation of health care organizations, the commission on accreditation of rehabilitation facilities, and the council on accreditation.  To reflect the reduced costs associated with regulation of accredited programs, the department's fees for organizations with such proof of accreditation must reflect the lower cost of licensing for these programs than for other organizations which are not accredited.

      (4) $3,500,000 of the general fund--federal appropriation (from the substance abuse prevention and treatment federal block grant) is provided solely for the continued funding of existing county drug and alcohol use prevention programs.

NEW SECTION.  Sec. 209.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-MEDICAL ASSISTANCE

General Fund‑-State Appropriation (FY 2012). $2,142,536,000

General Fund‑-State Appropriation (FY 2013). $2,208,403,000

General Fund‑-Federal Appropriation............... $5,519,072,000

 General Fund‑-Private/Local Appropriation......... $57,771,000

Emergency Medical Care and Trauma Care Systems

Trust Account--State Appropriation...................... $15,081,000

Hospital Safety Net Assessment Fund--State

Appropriation....................................................... $404,438,000

Medicaid Fraud Penalty Account--State Appropriation $15,182,000

TOTAL APPROPRIATION........................... $10,362,483,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) Based on quarterly expenditure reports and caseload forecasts, if the department estimates that expenditures for the medical assistance program will exceed the appropriations, the department shall take steps including but not limited to reduction of rates or elimination of optional services to reduce expenditures so that total program costs do not exceed the annual appropriation authority.

      (2) 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.

      (3) The legislature affirms 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.

      (4) When a person is ineligible for medicaid solely by reason of residence in an institution for mental diseases, the department shall provide the person with the same benefits as he or she would receive if eligible for medicaid, using state-only funds to the extent necessary.

      (5) $7,102,000 of the general fund--state appropriation for fiscal year 2012, $7,102,000 of the general fund--state appropriation for fiscal year 2013, and $14,204,000 of the general fund--federal appropriation are provided solely for low-income care disproportionate share hospital payments under RCW 74.09.730(1)(a).  In the formula by which this appropriation is distributed, the department shall discontinue use of the case mix adjustment factor.

      (6) $6,000,000 of the general fund‑-federal appropriation is provided solely for supplemental payments to nursing homes operated by public hospital districts.  The public hospital district shall be responsible for providing the required nonfederal match for the supplemental payment, and the payments shall not exceed the maximum allowable under federal rules.  It is the legislature's intent that the payments shall be supplemental to and shall not in any way offset or reduce the payments calculated and provided in accordance with part E of chapter 74.46 RCW.  It is the legislature's further intent that costs otherwise allowable for rate-setting and settlement against payments under chapter 74.46 RCW shall not be disallowed solely because such costs have been paid by revenues retained by the nursing home from these supplemental payments.  The supplemental payments are subject to retrospective interim and final cost settlements based on the nursing homes' as-filed and final medicare cost reports.  The timing of the interim and final cost settlements shall be at the health care authority's discretion.  During either the interim cost settlement or the final cost settlement, the department shall recoup from the public hospital districts the supplemental payments that exceed the medicaid cost limit and/or the medicare upper payment limit.  The health care authority shall apply federal rules for identifying the eligible incurred medicaid costs and the medicare upper payment limit.

      (7) The department shall continue the inpatient hospital certified public expenditures program for the 2011-2013 fiscal biennium.  The program shall apply to all public hospitals, including those owned or operated by the state, except those classified as critical access hospitals or state psychiatric institutions.  The department shall submit reports to the governor and legislature by November 1, 2011, and by November 1, 2012, that evaluate whether savings continue to exceed costs for this program.  If the certified public expenditures (CPE) program in its current form is no longer cost-effective to maintain, the department shall submit a report to the governor and legislature detailing cost-effective alternative uses of local, state, and federal resources as a replacement for this program.  During fiscal year 2012 and fiscal year 2013, hospitals in the program shall be paid and shall retain one hundred percent of the federal portion of the allowable hospital cost for each medicaid inpatient fee-for-service claim payable by medical assistance and one hundred percent of the federal portion of the maximum disproportionate share hospital payment allowable under federal regulations.  Inpatient medicaid payments shall be established using an allowable methodology that approximates the cost of claims submitted by the hospitals.  Payments made to each hospital in the program in each fiscal year of the biennium shall be compared to a baseline amount.  The baseline amount will be determined by the total of (a) the inpatient claim payment amounts that would have been paid during the fiscal year had the hospital not been in the CPE program based on the reimbursement rates developed, implemented, and consistent with policies approved in the 2011-13 biennial operating appropriations act and in effect on July 1, 2011, (b) one half of the indigent assistance disproportionate share hospital payment amounts paid to and retained by each hospital during fiscal year 2005, and (c) all of the other disproportionate share hospital payment amounts paid to and retained by each hospital during fiscal year 2005 to the extent the same disproportionate share hospital programs exist in the 2011-13 biennium.  If payments during the fiscal year exceed the hospital's baseline amount, no additional payments will be made to the hospital except the federal portion of allowable disproportionate share hospital payments for which the hospital can certify allowable match.  If payments during the fiscal year are less than the baseline amount, the hospital will be paid a state grant equal to the difference between payments during the fiscal year and the applicable baseline amount.  Payment of the state grant shall be made in the applicable fiscal year and distributed in monthly payments.  The grants will be recalculated and redistributed as the baseline is updated during the fiscal year.  The grant payments are subject to an interim settlement within eleven months after the end of the fiscal year.  A final settlement shall be performed.  To the extent that either settlement determines that a hospital has received funds in excess of what it would have received as described in this subsection, the hospital must repay the excess amounts to the state when requested.  $32,673,000 of the general fund--state appropriation for fiscal year 2012, of which $6,570,000 is appropriated in section 204(1) of this act, and $29,693,000 of the general fund--state appropriation for fiscal year 2013, of which $6,570,000 is appropriated in section 204(1) of this act, are provided solely for state grants for the participating hospitals.  CPE hospitals will receive the inpatient and outpatient reimbursement rate restorations in RCW 74.60.080 and rate increases in RCW 74.60.090 funded through the hospital safety net assessment fund rather than through the baseline mechanism specified in this subsection.

      (8) The contract with the managed care plan to provide services for disability lifeline clients shall be designed to incentivize care in the most appropriate setting, including maximizing primary care- based services and optimizing appropriate hospital utilization and savings.  The department may include shared savings or other risk sharing arrangements in the contract with the managed care plan in order to incentivize aggressive management of hospital services, including prior authorization, concurrent review, and discharge planning.  In determining the allocation of shared savings, the health care authority shall consider the appropriate balance between incentivizing aggressive management of hospital services by the managed care plan and realizing budgetary savings from the state's investment in the inclusion of care management and mental health services in the managed care contract.

      (9) The department shall evaluate the impact of the use of a managed care delivery and financing system on state costs and outcomes for lifeline medical clients.  Outcomes measured shall include state costs, utilization, changes in mental health status and symptoms, and involvement in the criminal justice system.

      (10) The department shall seek public-private partnerships and federal funds that are or may become available to provide on-going support for outreach and education efforts under the federal children's health insurance program reauthorization act of 2009.

      (11) The department shall target funding for maternity support services towards pregnant women with factors that lead to higher rates of poor birth outcomes, including hypertension, a preterm or low birth weight birth in the most recent previous birth, a cognitive deficit or developmental disability, substance abuse, severe mental illness, unhealthy weight or failure to gain weight, tobacco use, or African American or Native American race.  The department shall prioritize evidence-based practices for delivery of maternity support services.  To the extent practicable, the department shall develop a mechanism to increase federal funding for maternity support services by leveraging local public funding for those services.

      (12) For children with family incomes above 200 percent of the federal poverty level in the state-funded children's health program for children who are not eligible for coverage under the federally funded children's health insurance program, premiums shall be set every two years in an amount equal to the average state-only share of the per capita cost of coverage in the state-funded children's health program for children in families with incomes at or less than two hundred percent of the federal poverty level.

      (13) $704,000 of the general fund--state appropriation for fiscal year 2012, $726,000 of the general fund--state appropriation for fiscal year 2013, and $1,431,000 of the general fund--federal appropriation are provided solely for disproportionate share hospital payments to hospitals that provide services to children in the children's health program who are not eligible for services under Title XIX or XXI of the federal social security act due to their citizenship status.

      (14) $998,000 of the general fund--state appropriation for fiscal year 2012, $979,000 of the general fund--state appropriation for fiscal year 2013, and $1,980,000 of the general fund--federal appropriation are provided solely to increase prior authorization activities for advanced imaging procedures.

      (15) $249,000 of the general fund--state appropriation for fiscal year 2012, $246,000 of the general fund--state appropriation for fiscal year 2013, and $495,000 of the general fund--federal appropriation are provided solely to increase prior authorization activities for surgical procedures, which may include orthopedic procedures, spinal procedures and interventions, and nerve procedures.

      (16) $300,000 of the general fund--private/local appropriation and $300,000 of the general fund--federal appropriation are provided solely for a prescriptive practices improvement collaborative focusing upon atypical antipsychotics and other medications commonly used in the treatment of severe and persistent mental illnesses among adults.  The project shall promote collaboration among community mental health centers, other major prescribers of atypical antipsychotic medications to adults enrolled in state medical assistance programs, and psychiatrists, pharmacists, and other specialists at the University of Washington department of psychiatry and/or other research universities.  The collaboration shall include patient-specific prescriber consultations by psychiatrists and pharmacists specializing in treatment of severe and persistent mental illnesses among adults; production of profiles to assist prescribers and clinics in tracking their prescriptive practices and their patients' medication use and adherence relative to evidence-based practices guidelines, other prescribers, and patients at other clinics; and in-service seminars at which participants can share and increase their knowledge of evidence- based and other effective prescriptive practices.  The department shall enter into an interagency agreement with the office of the attorney general for expenditure of $300,000 of the state's proceeds of the cy pres settlement in State of Washington v. AstraZeneca (Seroquel) for this purpose.

      (17) $80,000 of the general fund--state appropriation for fiscal year 2012, $80,000 of the general fund--state appropriation for fiscal year 2013, and $160,000 of the general fund--federal appropriation are provided solely to fund the Tacoma-Pierce county health department for access and outreach activities to reduce infant mortality.

      (18) $75,000 of the general fund--state appropriation for fiscal year 2012, $75,000 of the general fund--state appropriation for fiscal year 2013, and $150,000 of the general fund--federal appropriation are provided solely to assist with development and implementation of evidence-based strategies regarding the appropriate, safe, and effective role of C-section surgeries and early induced labor in births and neonatal care.  The strategies shall be identified and implemented in consultation with clinical research specialists, physicians, hospitals, advanced registered nurse practitioners, and organizations concerned with maternal and child health.

      (19) $395,000 of the general fund--state appropriation for fiscal year 2012, $395,000 of the general fund--state appropriation for fiscal year 2013, and $790,000 of the general fund--federal appropriation are provided solely for continued operation of the dental education in care of persons with disabilities (DECOD) program at the University of Washington.

      (20) $112,000 of the general fund--state appropriation for fiscal year 2012, $112,000 of the general fund--state appropriation for fiscal year 2013, and $1,928,000 of the general fund--federal appropriation are provided solely for the provider incentive program and other initiatives related to the health information technology Medicaid plan.

      (21) $1,439,000 of the general fund--state appropriation for fiscal year 2012, $1,228,000 of the general fund--state appropriation for fiscal year 2013, and $2,890,000 of the general fund--federal appropriation are provided solely for efforts to reduce Medicaid fraud and abuse and to seek coverage or recovery from other medical payers.

      (22) $2,926,000 of the general fund--local appropriation and $2,928,000 of the general fund--federal appropriation are provided solely to support medical airlift services.

      (23) The appropriations in this section are sufficient to enroll an average of 12,650 persons per month in the medical care component of the disability lifeline program during fiscal year 2012, and an average of 11,750 persons per month in the program during fiscal year 2013.  Pursuant to RCW 74.09.035(1), the department shall manage new admissions and establish a waiting list for program benefits to the extent necessary to operate within these budgeted enrollment levels.

      (24) The appropriations in this section are sufficient to enroll an average of 3,250 persons per month in the medical care component of the alcohol and drug abuse treatment support act during fiscal year 2012, and an average of 3,140 persons per month in the program during fiscal year 2013.  Pursuant to RCW 74.09.035(1), the department shall manage new admissions and establish a waiting list for program benefits to the extent necessary to operate within these budgeted enrollment levels.

      (25) The appropriations in this section assume enactment of Senate Bill No. 5929 and are sufficient to enroll an average of 23,350 persons per month during fiscal year 2012 in the medical care program for children ineligible for nonemergency coverage under title XIX or title XXI of the federal social security act, and an average of 22,500 persons per month in the program during fiscal year 2013.  Pursuant to RCW 74.09.470 as amended by Senate Bill No. 5929, the department shall manage new admissions and establish a waiting list for program benefits to the extent necessary to operate within these budgeted enrollment levels.

      (26) $5,092,000 of the general fund--state appropriation for fiscal year 2012, $5,270,000 of the general fund--state appropriation for fiscal year 2013, $9,846,000 of the general fund--private/local appropriation, and $20,207,000 of the general fund--federal appropriation are provided solely for continued provision of school-based medical services by means of an intergovernmental transfer arrangement.  Under the arrangement, the state and school districts shall share equally in the provision of the nonfederal matching funds required for receipt of federal medicaid funding for the service.

      (27) $263,000 of the general fund--state appropriation for fiscal year 2012, $88,000 of the general fund--state appropriation for fiscal year 2013, and $351,000 of the general fund--federal appropriation are provided solely for development and submission to the federal government by October 1, 2011, of a demonstration project proposal as provided in Substitute Senate Bill No. 5596.

      (28) $19,000 of the general fund--state appropriation for fiscal year 2012, $17,000 of the general fund--state appropriation for fiscal year 2013, and $34,000 of the general fund--federal appropriation are provided solely to support a partnership among the department of social and health services, the department of health, and agencies that deliver medical care and behavioral health services in Cowlitz county.  The partnership shall identify and recommend strategies for resolving regulatory, licensing, data management, reporting, and funding barriers to more effective integration of primary medical and behavioral health care services in the county.

      (29) $173,000 of the general fund--state appropriation for fiscal year 2012, $173,000 of the general fund--state appropriation for fiscal year 2013, and $346,000 of the general fund--federal appropriation are provided solely to facilitate development of primary medical homes for persons with multiple chronic disabilities that will qualify for 90 percent federal matching funds in accordance with section 2703 of the federal patient protection and affordable care act.

      (30) $4,761,000 of the general fund--state appropriation for fiscal year 2012, $4,066,000 of the general fund--state appropriation for fiscal year 2013, and $17,281,000 of the general fund--federal appropriation are provided solely for spoken-language interpreter services.  The department shall develop and implement a new model for delivery of such services no later than January 1, 2012.  The model shall include:

      (a) Development by the department, in consultation with subject-area experts, of guidelines to assist medical practitioners identify the circumstances under which it is appropriate for the state to use telephonic or video-remote interpreting;

      (b) A direct contract with no more than two organizations to manage delivery of medical interpretation services statewide;

      (c) The requirement that the delivery organization subcontract only with language access providers working in the state who are certified by the state, except that when a state-certified language access provider is not available, the organization may use a provider with other certifications or qualifications deemed to meet state standards; and

      (d) Provision of a secure, web-based tool that medical practitioners will use to schedule appointments for interpreter services and that language access providers can use to track hours and bill for payment.  The web-based tool shall also assist medical practitioners in identifying the most appropriate, cost-effective method of service delivery that provides the greatest net benefit to the state in accordance with state guidelines.

      Nothing in this subsection affects the ability of health care providers to provide interpretive services through employed staff or through telephone and video remote technologies when not reimbursed directly by the department.

      (31) In its procurement of contractors for delivery of medical managed care services for nondisabled, nonelderly persons, the medical assistance program shall (a) place substantial emphasis upon price competition in the selection of successful bidders; and (b) not require delivery of any services that would increase the actuarial cost of service beyond the levels included in current healthy options contracts.

      (32) $1,430,000 of the general fund--state appropriation for fiscal year 2012, $1,430,000 of the general fund--state appropriation for fiscal year 2013, and $2,860,000 of the general fund--federal appropriation are provided solely to pay federally-designated rural health clinics their standard encounter rate for prenatal and well-child visits, whether delivered under a managed care contract or fee-for-service.  In reconciling managed care enhancement payments for calendar years 2009 and 2010, the department shall treat well-child and prenatal care visits as encounters subject to the clinic's encounter rate.

      (33) The medical assistance program shall continue to purchase power wheelchairs for all nursing home residents for whom they are determined to be medically necessary, and shall not limit such purchases to only those residents who are in school or employed.

      (34) $280,000 of the general fund--state appropriation for fiscal year 2012 and $282,000 of the general fund--federal appropriation are provided solely to increase utilization management of drugs and drug classes for which there is evidence of over-utilization, off-label use, excessive dosing, duplicative therapy, or opportunities to shift utilization to less expensive, equally effective formulations.

      (35) The department shall purchase a brand name drug when it determines that the cost of the brand name drug after rebates is less than the cost of generic alternatives and that purchase of the brand rather than generic version can save at least $250,000.  The department may purchase generic alternatives when changes in market prices make the price of the brand name drug after rebates more expensive than the generic alternatives.

      (36) $70,000 of the general fund--state appropriation for fiscal year 2012, $70,000 of the general fund--state appropriation for fiscal year 2013, and $140,000 of the general fund--federal appropriation are provided solely to continue operation by a nonprofit organization of a toll-free hotline that assists families to learn about and enroll in the apple health for kids program.

      (37) $400,000 of the general fund--state appropriation for fiscal year 2012 and $400,000 of the general fund--state appropriation for fiscal year 2013 is provided solely for the local outreach, case management, and coordination with dental providers needed to execute the access to baby and child dentistry program, which provides dental care to Medicaid eligible children up to age six.

      (38) The department shall contract with an organization that will use Washington state pharmacists to provide medication therapy management services to increase the use of lower cost alternative medications, improve patient compliance with prescribed regimens, reduce harmful side effects from medication, and ensure that medications achieve their desired therapeutic results.  The department shall not contract for these services unless the contractor guarantees that the services will generate savings, as measured by the department's actual experience after implementation that are greater than the cost of the contracted services.

      (39) All not-for-profit hospitals that apply for disproportionate share hospital payments in accordance with RCW 74.09.730(1) shall submit a completed copy of federal internal revenue service schedule H for the most recently completed year to the department.  The department shall report to the appropriate fiscal and policy committees of the legislature by December 1, 2011, with an assessment of the extent to which information on community benefit as reported on the schedule H would provide a more consistent and accurate measure of hospital charity care efforts than the measures presently used by the department.

NEW SECTION.  Sec. 210.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-VOCATIONAL REHABILITATION PROGRAM

General Fund‑-State Appropriation (FY 2012)...... $11,672,000

General Fund‑-State Appropriation (FY 2013)...... $11,778,000

General Fund‑-Federal Appropriation.................. $102,622,000

Telecommunications Devices for the Hearing and

Speech Impaired‑-State Appropriation..................... $2,775,000

TOTAL APPROPRIATION................................ $128,847,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The vocational rehabilitation program shall coordinate closely with the economic services program to serve lifeline clients under chapter 8, Laws of 2010 1st sp. sess. who are referred for eligibility determination and vocational rehabilitation services, and shall make every effort, within the requirements of the federal rehabilitation act of 1973, to serve these clients.

      (2) $480,000 of the telecommunications devices for the hearing and speech impaired account--state appropriation is provided solely for the office of deaf and hard of hearing to contract for services that provide employment support and help with life activities for deaf-blind individuals in King county.

NEW SECTION.  Sec. 211.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-SPECIAL COMMITMENT PROGRAM

General Fund‑-State Appropriation (FY 2012)...... $56,113,000

General Fund‑-State Appropriation (FY 2013)...... $56,065,000

TOTAL APPROPRIATION................................ $112,178,000

      The appropriations in this section are subject to the following conditions and limitations:  $8,978,000 of the general fund--state appropriation for fiscal year 2012 and $8,978,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for increased legal expenses resulting from the state supreme court's ruling in In re McCuistion.

NEW SECTION.  Sec. 212.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-ADMINISTRATION AND SUPPORTING SERVICES PROGRAM

General Fund‑-State Appropriation (FY 2012)...... $27,098,000

General Fund‑-State Appropriation (FY 2013)...... $25,299,000

General Fund‑-Federal Appropriation.................... $44,076,000

General Fund‑-Private/Local Appropriation............. $2,116,000

Performance Audits of State Government--State

Appropriation........................................................... $4,812,000

TOTAL APPROPRIATION................................ $103,401,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $300,000 of the general fund--state appropriation for fiscal year 2012 and $300,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the Washington state mentors program to continue its public-private partnerships to provide technical assistance and training to mentoring programs that serve at-risk youth.

      (2) $445,000 of the general fund--state appropriation for fiscal year 2012 and $445,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for funding of the teamchild project through the governor's juvenile justice advisory committee.

      (3) $178,000 of the general fund--state appropriation for fiscal year 2012 and $178,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the juvenile detention alternatives initiative.

      (4) $250,000 of the general fund--state appropriation for fiscal year 2012 and $250,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for support of the community initiative project that will be targeted at supporting evidence-based community programs and partnering with private nonprofit entities to address adverse childhood events.

      (5) $4,812,000 of the performance audits of state government--state appropriation is provided solely for support and expansion of the division of fraud investigation.  The division shall conduct investigatory and enforcement activities for all department programs, including the child support and TANF programs.

      (6) $1,400,000 of the general fund--state appropriation for fiscal year 2012 is provided solely for the family policy council to distribute as support to community public health and safety networks that have a history of providing training and services related to adverse childhood experiences.  Distribution of these funds is contingent upon the family policy council securing funding from a private entity or entities to provide one dollar in matching funds for each dollar in state funds received by a network so that the funding received by a community public health and safety network will be equal portions of state and private funding.

NEW SECTION.  Sec. 213.  FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES‑-PAYMENTS TO OTHER AGENCIES PROGRAM

General Fund‑-State Appropriation (FY 2012)...... $67,348,000

General Fund‑-State Appropriation (FY 2013)...... $64,938,000

General Fund‑-Federal Appropriation.................... $55,836,000

TOTAL APPROPRIATION................................ $188,122,000

      The appropriations in this section are subject to the following conditions and limitations:  $2,272,000 of the general fund--state appropriation for fiscal year 2012 and $2,272,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for increased legal expenses resulting from the state supreme court's ruling in In re McCuistion.

NEW SECTION.  Sec. 214.  FOR THE STATE HEALTH CARE AUTHORITY

General Fund‑-State Appropriation (FY 2012)...... $62,011,000

General Fund‑-State Appropriation (FY 2013)...... $57,987,000

General Fund‑-Federal Appropriation.................. $138,831,000

State Health Care Authority Administration Account‑-

State Appropriation................................................ $35,065,000

Medical Aid Account‑-State Appropriation................ $535,000

TOTAL APPROPRIATION................................ $294,429,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) Within amounts appropriated in this section and sections 205 and 206 of this act, the health care authority shall continue to provide an enhanced basic health plan subsidy for foster parents licensed under chapter 74.15 RCW and workers in state-funded home care programs.  Under this enhanced subsidy option, foster parents eligible to participate in the basic health plan as subsidized enrollees 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 the minimum premium amount charged to enrollees with incomes below sixty-five percent of the federal poverty level.

      (2) The health care authority shall require organizations and individuals that are paid to deliver basic health plan services and that choose to sponsor enrollment in the subsidized basic health plan to pay 133 percent of the premium amount which would otherwise be due from the sponsored enrollees.

      (3) 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 (i) income tax returns, and recent pay history, from all applicants, or (ii) other verifiable evidence of earned and unearned income from those persons not required to file income tax returns; (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; (e) not reduce gross family income for self-employed persons by noncash-flow expenses such as, but not limited to, depreciation, amortization, and home office deductions, as defined by the United States internal revenue service; and (f) pursue repayment and civil penalties from persons who have received excessive subsidies, as provided in RCW 70.47.060(9).

      (4) Enrollment in the subsidized basic health plan shall be limited to only include persons who qualify as subsidized enrollees as defined in RCW 70.47.020 and who (a) qualify for services under 1115 medicaid demonstration project number 11-W-00254/10; or (b) are foster parents licensed under chapter 74.15 RCW.

      (5) $23,700,000 of the general fund--federal appropriation is provided solely for planning and implementation of a health benefit exchange under the federal patient protection and affordable care act.  Within the amounts provided in this subsection, funds used by the authority for information technology projects are conditioned on the authority satisfying the requirements of section 902 of this act.

NEW SECTION.  Sec. 215.  FOR THE HUMAN RIGHTS COMMISSION

General Fund‑-State Appropriation (FY 2012)........ $2,349,000

General Fund‑-State Appropriation (FY 2013)........ $2,361,000

General Fund‑-Federal Appropriation...................... $1,994,000

TOTAL APPROPRIATION.................................... $6,704,000

NEW SECTION.  Sec. 216.  FOR THE BOARD OF INDUSTRIAL INSURANCE APPEALS

Worker and Community Right-to-Know Account‑-State

Appropriation................................................................ $10,000

Accident Account‑-State Appropriation................. $21,561,000

Medical Aid Account‑-State Appropriation........... $21,561,000

TOTAL APPROPRIATION.................................. $43,132,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $36,000 of the accident account--state appropriation and $36,000 of the medical account--state appropriation are solely provided for Engrossed Substitute Senate Bill No. 5068 (violation abatement).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (2) $16,000 of the accident account--state appropriation and $16,000 of the medical account--state appropriation are solely provided for Substitute Senate Bill No. 5801 (medical provider networks).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (3) $3,266,000 of the accident account--state appropriation and $3,266,000 of the medical account--state appropriation are solely provided for Engrossed Senate Bill No. 5566 (long-term disabilities).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

NEW SECTION.  Sec. 217.  FOR THE CRIMINAL JUSTICE TRAINING COMMISSION

General Fund‑-State Appropriation (FY 2012)...... $14,947,000

General Fund‑-State Appropriation (FY 2013)...... $14,938,000

General Fund--Federal Appropriation......................... $456,000

General Fund--Private/Local Appropriation............. $4,631,000

Death Investigations Account‑-State Appropriation... $148,000

 Municipal Criminal Justice Assistance Account‑-

State Appropriation..................................................... $460,000

Washington Auto Theft Prevention Authority Account‑-

State Appropriation.................................................. $9,390,000

TOTAL APPROPRIATION.................................. $44,970,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $5,000,000 of the general fund--state appropriation for fiscal year 2012 and $5,000,000 of the general fund--state appropriation for fiscal year 2013, are provided to the Washington association of sheriffs and police chiefs solely to verify the address and residency of registered sex offenders and kidnapping offenders under RCW 9A.44.130.

      (2) The criminal justice training commission may not run a basic law enforcement academy class of fewer than 30 students.

      (3) $100,000 of the general fund--state appropriation for fiscal year 2012 and $100,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a school safety program.  The commission, in collaboration with the school safety center advisory committee, shall provide the school safety training for all school administrators and school safety personnel hired after the effective date of this section.

      (4) $96,000 of the general fund--state appropriation for fiscal year 2012 and $90,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the school safety center within the commission.  The safety center shall act as an information dissemination and resource center when an incident occurs in a school district in Washington or in another state, coordinate activities relating to school safety, and review and approve manuals and curricula used for school safety models and training.  Through an interagency agreement, the commission shall provide funding for the office of the superintendent of public instruction to continue to develop and maintain a school safety information web site.  The school safety center advisory committee shall develop and revise the training program, using the best practices in school safety, for all school safety personnel.  The commission shall provide research-related programs in school safety and security issues beneficial to both law enforcement and schools.

      (5) $1,000,000 of the general fund--state appropriation for fiscal year 2012 and $1,000,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for grants to counties enforcing illegal drug laws and which have been underserved by federally funded state narcotics task forces.  The Washington association of sheriffs and police chiefs, the Washington association of prosecuting attorneys, and the Washington association of county officials shall jointly develop funding allocations for the offices of the county sheriff, county prosecutor, and county clerk in qualifying counties.  The commission shall not impose an administrative cost on this program.

NEW SECTION.  Sec. 218.  FOR THE DEPARTMENT OF LABOR AND INDUSTRIES

General Fund‑-State Appropriation (FY 2012)...... $18,377,000

General Fund‑-State Appropriation (FY 2013)...... $19,328,000

General Fund‑-Federal Appropriation.................... $10,100,000

Asbestos Account‑-State Appropriation..................... $426,000

Electrical License Account‑-State Appropriation... $37,984,000

Farm Labor Revolving Account‑-Private/Local Appropriation$28,000

Worker and Community Right-to-Know Account‑-

State Appropriation.................................................. $1,000,000

Public Works Administration Account‑-State

Appropriation........................................................... $5,666,000

Manufactured Home Installation Training Account‑-

State Appropriation..................................................... $158,000

Accident Account‑-State Appropriation............... $260,289,000

Accident Account‑-Federal Appropriation............. $13,622,000

Medical Aid Account‑-State Appropriation......... $266,323,000

Medical Aid Account‑-Federal Appropriation......... $3,186,000

Plumbing Certificate Account‑-State Appropriation $1,736,000

Pressure Systems Safety Account‑-State Appropriation $4,179,000

TOTAL APPROPRIATION................................ $642,402,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) Pursuant to RCW 43.135.055, the department is authorized to increase fees related to factory assembled structures, contractor registration, electricians, plumbers, asbestos removal, boilers, elevators, and manufactured home installers.  These increases are necessary to support expenditures authorized in this section, consistent with chapters 43.22, 18.27, 19.28, and 18.106 RCW, RCW 49.26.130, and chapters 70.79, 70.87, and 43.22A RCW.

      (2) $34,000 of the general fund--state appropriation for fiscal year 2012 is provided solely for implementation of Engrossed Second Substitute House Bill No. 1701 (contractor misclassification).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (3) $1,163,000 of the accident account--state appropriation and $1,163,000 of the medical aid account--state appropriation are provided solely for implementation of Engrossed Substitute House Bill No. 1725 (workers' compensation).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (4) $51,000 of the accident account--state appropriation and $51,000 of the medical aid account--state appropriation are provided solely for implementation of Engrossed Substitute House Bill No. 1367 (for hire vehicles, operators).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (5) $12,288,000 of the accident account--state appropriation and $16,904,000 of the medical account--state appropriation are provided solely for implementation of Engrossed Senate Bill No. 5566 (reforming workers' compensation).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (6) $8,727,000 of the medical account--state appropriation is provided solely for implementation of Senate Bill No. 5801 (industrial insurance system).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

NEW SECTION.  Sec. 219.  FOR THE DEPARTMENT OF VETERANS AFFAIRS

      (1) HEADQUARTERS

General Fund‑-State Appropriation (FY 2012)........ $2,020,000

General Fund‑-State Appropriation (FY 2013)........ $2,021,000

Charitable, Educational, Penal, and Reformatory

Institutions Account‑-State Appropriation................... $10,000

TOTAL APPROPRIATION.................................... $4,051,000

      (2) FIELD SERVICES

General Fund‑-State Appropriation (FY 2012)........ $5,060,000

General Fund‑-State Appropriation (FY 2013)........ $5,062,000

 General Fund‑-Federal Appropriation..................... $2,759,000

General Fund‑-Private/Local Appropriation............. $4,223,000

Veterans Innovations Program Account--State

Appropriation.............................................................. $821,000

Veteran Estate Management Account--Private/Local

Appropriation........................................................... $1,109,000

TOTAL APPROPRIATION.................................. $19,034,000

      The appropriations in this subsection are subject to the following conditions and limitations:

      (a) The department shall collaborate with the department of social and health services to identify and assist eligible general assistance unemployable clients to access the federal department of veterans affairs benefits.

      (b) $821,000 of the veterans innovations program account--state appropriation is provided solely for the department to continue support for returning combat veterans through the veterans innovation program, including emergency financial assistance through the defenders' fund and long-term financial assistance through the competitive grant program.

      (3) INSTITUTIONAL SERVICES

General Fund‑-State Appropriation (FY 2012)........ $1,741,000

General Fund‑-State Appropriation (FY 2013)........... $963,000

General Fund‑-Federal Appropriation.................... $57,521,000

General Fund‑-Private/Local Appropriation........... $34,530,000

TOTAL APPROPRIATION.................................. $94,755,000

NEW SECTION.  Sec. 220.  FOR THE DEPARTMENT OF HEALTH

General Fund‑-State Appropriation (FY 2012)...... $80,515,000

General Fund‑-State Appropriation (FY 2013)...... $79,911,000

General Fund‑-Federal Appropriation.................. $536,389,000

General Fund‑-Private/Local Appropriation......... $149,767,000

Hospital Data Collection Account‑-State Appropriation $220,000

Health Professions Account‑-State Appropriation. $98,719,000

Aquatic Lands Enhancement Account‑-State Appropriation$610,000

Emergency Medical Services and Trauma Care Systems

Trust Account‑-State Appropriation...................... $12,327,000

Safe Drinking Water Account‑-State Appropriation. $4,545,000

Drinking Water Assistance Account‑-Federal

Appropriation......................................................... $23,251,000

Waterworks Operator Certification‑-State

Appropriation........................................................... $1,560,000

Drinking Water Assistance Administrative Account‑-

State Appropriation..................................................... $326,000

Biotoxin Account--State Appropriation................... $1,167,000

State Toxics Control Account‑-State Appropriation $4,487,000

Medical Test Site Licensure Account‑-State

Appropriation........................................................... $2,366,000

Youth Tobacco Prevention Account‑-State Appropriation $1,512,000

Community and Economic Development Fee Account--State

Appropriation.............................................................. $596,000

Public Health Supplemental Account‑-Private/Local

Appropriation........................................................... $3,602,000

Accident Account‑-State Appropriation...................... $316,000

Medical Aid Account‑-State Appropriation.................. $57,000

Tobacco Prevention and Control Account‑-State

Appropriation........................................................... $4,037,000

TOTAL APPROPRIATION............................. $1,006,280,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) 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 of health and the state board of health shall not implement any new or amended rules pertaining to primary and secondary school facilities until the rules and a final cost estimate have been presented to the legislature, and the legislature has formally funded implementation of the rules through the omnibus appropriations act or by statute.  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.

      (2) In accordance with RCW 43.70.250 and 43.135.055, the department is authorized to establish and raise fees in fiscal year 2012 as necessary to meet the actual costs of conducting business and the appropriation levels in this section.  This authorization applies to fees required for:  The review of health care facility construction; review of health facility requests for certificate of need; the regulation and inspection of farm worker housing, hospital licensing, in-home health service agencies, and producers of radioactive waste; the regulation and inspection of shellfish sanitary control, surgical facility licensing, and; fees associated with the following professions:  Dieticians and nutritionists, occupational therapists, pharmacy, veterinarian, orthotics and prosthetics, surgical technicians, nursing home administrators, health care assistants, hearing and speech, psychology, hypnotherapy, chiropractic, social workers, physicians, and physician assistants.

      (3) $1,969,000 of the health professions account--state appropriation is provided solely to implement online licensing for health care providers.  The department must submit a detailed investment plan for this project to the office of financial management.  The office of financial management must review and approve this plan before funding may be expended.  The department of health must successfully implement online application and renewal for at least one profession as a pilot project before pursuing additional professions.  The department must report to the office of financial management on the outcome of the pilot project.

      (4) $16,000 of the health professions account--state appropriation is provided solely for the implementation of House Bill No. 1181 (board of naturopathy).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (5) $21,000 of the health professions account--state appropriation is provided solely for the implementation of Substitute House Bill No. 1304 (health care assistants).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (6) $54,000 of the health professions account--state appropriation is provided solely for the implementation of House Bill No. 1353 (pharmacy technicians).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (7) $142,000 of the health professions account--state appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 5020 (social workers).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (8) $2,435,000 of the health professions account--state appropriation is provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5073 (medical cannabis).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (9) $336,000 of the health professions account--state appropriation is provided solely for the implementation of Senate Bill No. 5480 (physicians and physician assistants).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (10) $46,000 of the health professions account--state appropriation is provided solely for the implementation of Substitute Senate Bill No. 5071 (online access for midwives and marriage and family therapists).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (11) $137,000 of the health professions account--state appropriation is provided solely for implementation of Substitute House Bill No. 1133 (massage practitioner license).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (12) $1,670,000 of the safe drinking water account--state appropriation is provided solely for implementation of Substitute Senate Bill No. 5364 (public water system permits).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (13) $118,000 of the general fund--state appropriation for fiscal year 2012 and $118,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for prevention of youth suicides.

      (14) $87,000 of the general fund--state appropriation for fiscal year 2012 and $87,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the senior falls prevention program.

      (15) $57,000 of the general fund--state appropriation for fiscal year 2012 and $58,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the midwifery licensure and regulatory program to offset a reduction in revenue from fees.  There shall be no change to the current annual fees for new or renewed licenses for the midwifery program, except from online access to HEAL-WA.  The department shall convene the midwifery advisory committee on a quarterly basis to address issues related to licensed midwifery.

      (16) $4,000,000 of the tobacco prevention and control account--state appropriation is provided solely for implementation of Substitute Senate Bill No. 5542 (cigar lounges/tobacconists).  If the bill is not enacted by June 30, 2011, the amount provided in this section shall lapse.

NEW SECTION.  Sec. 221.  FOR THE DEPARTMENT OF CORRECTIONS

      (1) ADMINISTRATION AND SUPPORT SERVICES

General Fund‑-State Appropriation (FY 2012)...... $57,178,000

General Fund‑-State Appropriation (FY 2013)...... $55,612,000

TOTAL APPROPRIATION................................ $112,790,000

      The appropriations in this subsection are subject to the following conditions and limitations:  $35,000 of the general fund--state appropriation for fiscal year 2012 and $35,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the support of a statewide council on mentally ill offenders that includes as its members representatives of community-based mental health treatment programs, current or former judicial officers, and directors and commanders of city and county jails and state prison facilities.  The council will investigate and promote cost-effective approaches to meeting the long-term needs of adults and juveniles with mental disorders who have a history of offending or who are at-risk of offending, including their mental health, physiological, housing, employment, and job training needs.

      (2) CORRECTIONAL OPERATIONS

General Fund‑-State Appropriation (FY 2012).... $629,113,000

General Fund‑-State Appropriation (FY 2013).... $596,661,000

General Fund‑-Federal Appropriation...................... $3,664,000

 General Fund--Private/Local Appropriation........... $2,336,000

Washington Auto Theft Prevention Authority Account--

State Appropriation................................................ $13,116,000

TOTAL APPROPRIATION............................. $1,244,890,000

      The appropriations in this subsection are subject to the following conditions and limitations:

      (a) The department 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) During the 2011-13 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.

      (c) The Harborview medical center and the University of Washington medical center shall provide inpatient and outpatient hospital services to offenders confined in department of corrections facilities at a rate no greater than the average rate that the department has negotiated with other community hospitals in Washington state.

      (d) $102,000 of the general fund--state appropriation for fiscal year 2012 and $102,000 of the general fund--state appropriation for fiscal year 2013 are provided solely to implement House Bill No. 1290 (health care employee overtime).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (e) The department of corrections shall contract with local and tribal governments for the provision of jail capacity to house offenders.  No contract shall have a base rate in excess of $77 per day per offender.  No contract in place on the effective date of this section shall have a year-to-year increase in excess of three percent per year.  The contracts may include rates for the medical care of offenders and other specialty care which exceed the base rate and exceed the limitation on year-to-year increase.  The appropriations in this section assume savings of $3,400,000 in fiscal year 2012 and $5,400,000 in fiscal year 2013 achieved by this subsection.

      (3) COMMUNITY SUPERVISION

General Fund‑-State Appropriation (FY 2012).... $130,194,000

General Fund‑-State Appropriation (FY 2013).... $127,891,000

TOTAL APPROPRIATION................................ $258,085,000

      The appropriations in this subsection are subject to the following conditions and limitations:  The department 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.

      (4) CORRECTIONAL INDUSTRIES

General Fund‑-State Appropriation (FY 2012)........ $3,623,000

General Fund‑-State Appropriation (FY 2013)........ $3,617,000

TOTAL APPROPRIATION.................................... $7,240,000

      The appropriations in this subsection are subject to the following conditions and limitations:  $132,000 of the general fund--state appropriation for fiscal year 2012 and $132,000 of the general fund--state appropriation for fiscal year 2013 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 2012)...... $39,190,000

General Fund‑-State Appropriation (FY 2013)...... $36,555,000

TOTAL APPROPRIATION.................................. $75,745,000

      The appropriations in this subsection are subject to the following conditions and limitations:

      (a) The state prison institutions may use funds appropriated in this subsection to rent uniforms from correctional industries in accordance with existing legislative mandates.

      (b) The state prison medical facilities may use funds appropriated in this subsection to purchase goods and supplies through hospital or other group purchasing organizations when it is cost effective to do so.

NEW SECTION.  Sec. 222.  FOR THE DEPARTMENT OF SERVICES FOR THE BLIND

General Fund‑-State Appropriation (FY 2012)........ $2,304,000

General Fund‑-State Appropriation (FY 2013)........ $2,299,000

General Fund‑-Federal Appropriation.................... $19,419,000

General Fund‑-Private/Local Appropriation.................. $30,000

TOTAL APPROPRIATION.................................. $24,052,000

NEW SECTION.  Sec. 223.  FOR THE EMPLOYMENT SECURITY DEPARTMENT

General Fund‑-Federal Appropriation.................. $269,150,000

General Fund‑-Private/Local Appropriation........... $34,481,000

Unemployment Compensation Administration Account‑-

Federal Appropriation........................................... $368,389,000

Administrative Contingency Account‑-State Appropriation $20,419,000

Employment Service Administrative Account‑-State

Appropriation......................................................... $34,479,000

TOTAL APPROPRIATION................................ $726,918,000

      The appropriations in this subsection are subject to the following conditions and limitations:

      (1) $39,666,000 of the unemployment compensation administration account--federal appropriation is from amounts made available to the state by section 903 (d), (f), and (g) of the social security act (Reed act).  This amount is provided solely for continuing current unemployment insurance functions and department services to employers and job seekers.

      (2) $35,584,000 of the unemployment compensation administration account--federal appropriation is from amounts made available to the state by section 903 (d), (f), and (g) of the social security act (Reed act).  This amount is provided solely for the replacement of the unemployment insurance tax information system for the employment security department.  The employment security department shall support the department of revenue and department of labor and industries to develop a common vision to ensure technological compatibility between the three agencies to facilitate a coordinated business tax system for the future that improves services to business customers.

      (3) $25,000 of the unemployment compensation administration account--federal appropriation is from amounts made available to the state by section 903 (d), (f), and (g) of the social security act (Reed act).  This amount is provided solely for implementation of system changes to the unemployment insurance tax information system required under chapter 4, Laws of 2011 (unemployment insurance program).

      (4) $1,459,000 of the unemployment compensation administration account--federal appropriation is from amounts available to the state by section 903 (d), (f), and (g) of the social security act (Reed act).  This amount is provided solely for implementation of chapter 4, Laws of 2011 (unemployment insurance program).

      (5) $60,000 of the unemployment compensation administration account--federal appropriation is provided solely for costs associated with the initial review and evaluation of the training benefits program as directed in section 15(2), chapter 4, Laws of 2011 (unemployment insurance program).  The initial review shall be developed by the joint legislative audit and review committee.  This appropriation is provided from funds made available to the state by section 903 (d), (f), and (g) of the social security act (Reed act).

      (6) $25,000 of the administrative contingency account--state appropriation is provided solely to evaluate the economic value of promoting and retaining biomass energy systems and qualified solar energy systems as defined in Senate Bill No. 5951 (distributed generation).  The department's analysis must include an examination of the impact of such energy systems on local employment and wages.

 

(End of part)

 

PART III

NATURAL RESOURCES

 

NEW SECTION.  Sec. 301.  FOR THE COLUMBIA RIVER GORGE COMMISSION

General Fund‑-State Appropriation (FY 2012)........... $410,000

General Fund‑-State Appropriation (FY 2013)........... $119,000

General Fund‑-Federal Appropriation........................... $32,000

General Fund‑-Private/Local Appropriation................ $499,000

TOTAL APPROPRIATION.................................... $1,060,000

NEW SECTION.  Sec. 302.  FOR THE DEPARTMENT OF ECOLOGY

General Fund‑-State Appropriation (FY 2012)...... $52,398,000

General Fund‑-State Appropriation (FY 2013)...... $47,726,000

General Fund‑-Federal Appropriation.................... $79,024,000

General Fund‑-Private/Local Appropriation........... $16,804,000

Special Grass Seed Burning Research Account‑-State

Appropriation.................................................................. $3,000

Reclamation Revolving Account‑-State Appropriation $3,722,000

Flood Control Assistance Account‑-State Appropriation $1,987,000

State Emergency Water Projects Revolving Account‑-State

Appropriation.............................................................. $390,000

Waste Reduction/Recycling/Litter Control‑-State

Appropriation......................................................... $14,679,000

State Drought Preparedness Account‑-State Appropriation $118,000

State and Local Improvements Revolving Account

(Water Supply Facilities)‑-State Appropriation.......... $435,000

Freshwater Aquatic Algae Control Account‑-State

Appropriation.............................................................. $512,000

Water Rights Tracking System Account‑-State Appropriation $46,000

Site Closure Account‑-State Appropriation................. $728,000

Wood Stove Education and Enforcement Account‑-State

Appropriation.............................................................. $616,000

Worker and Community Right-to-Know Account‑-State

Appropriation........................................................... $1,721,000

Water Rights Processing Account‑-State Appropriation $136,000

State Toxics Control Account‑-State Appropriation $114,530,000

 State Toxics Control Account‑-Private/Local

Appropriation.............................................................. $983,000

Local Toxics Control Account‑-State Appropriation $27,410,000

Water Quality Permit Account‑-State Appropriation $38,605,000

Underground Storage Tank Account‑-State Appropriation $3,348,000

Biosolids Permit Account‑-State Appropriation...... $1,858,000

Hazardous Waste Assistance Account‑-State Appropriation $6,011,000

Air Pollution Control Account‑-State Appropriation $2,502,000

Oil Spill Prevention Account‑-State Appropriation. $5,829,000

Air Operating Permit Account‑-State Appropriation $2,816,000

Freshwater Aquatic Weeds Account‑-State Appropriation $1,710,000

Oil Spill Response Account‑-State Appropriation... $7,076,000

Metals Mining Account‑-State Appropriation.............. $14,000

Water Pollution Control Revolving Account‑-State

Appropriation.............................................................. $630,000

Water Pollution Control Revolving Account‑-Federal

Appropriation........................................................... $2,583,000

TOTAL APPROPRIATION................................ $436,950,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $170,000 of the oil spill prevention account‑-state appropriation is provided solely for a contract with the University of Washington's sea grant program to continue an educational program targeted to small spills from commercial fishing vessels, ferries, cruise ships, ports, and marinas.

      (2) Pursuant to RCW 43.135.055, the department is authorized to increase the following fees as necessary to meet the actual costs of conducting business and the appropriation levels in this section:  Wastewater discharge permit, not more than 4.34 percent in fiscal year 2012 and 4.62 percent in fiscal year 2013; biosolids permit fee, not more than 10 percent during the biennium; air contaminate source registration fee, not more than 36 percent during the biennium; and dam safety and inspection fees, not more than 35 percent in fiscal year 2012 and 4.62 percent in fiscal year 2013.

      (3) If Substitute House Bill No. 1294 (Puget Sound corps) is not enacted by June 30, 2011, $322,000 of the general fund--state appropriation for fiscal year 2012 and $322,000 of the general fund-- state appropriation for fiscal year 2013 shall be transferred to the department of natural resources.

      (4) $463,000 of the state toxics control account--state appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1186 (state's oil spill program).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (5) The department shall collaborate with the state conservation commission when applying for federal grants related to section 319 of the federal clean water act.

      (6) Within the amounts appropriated in this section, the department shall by January 1, 2012, develop and begin a six-year streamflow protection and restoration plan that places a priority on the adoption of regulatory flows in all basins with critical fish restoration needs for which there are no adopted regulatory flows.  The department shall place the highest priority on the completion of flow regulations in which substantial work was conducted in the 2009-2011 biennium.  The plan shall be provided to the legislature, consistent with RCW 43.01.036, by January 1, 2012.

      (7) The department shall make every possible effort through its existing statutory authorities to obtain federal funding for public participation grants regarding the Hanford nuclear reservation and associated properties and facilities.  Such federal funding shall not limit the total state funding authorized under this section for public participation grants made pursuant to RCW 70.105D.070(5), but the amount of any individual grant from such federal funding shall be offset against any grant award amount to an individual grantee from state funds under RCW 70.105D.070(5).

      (8) $1,075,000 of the general fund--state appropriation for fiscal year 2012 and $1,075,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for processing the backlog of pending water rights permit applications in the water resources program.

NEW SECTION.  Sec. 303.  FOR THE STATE PARKS AND RECREATION COMMISSION

General Fund--State Appropriation (FY 2012)...... $10,057,000

General Fund--State Appropriation (FY 2013)...... $10,196,000

 General Fund‑-Federal Appropriation..................... $5,981,000

Winter Recreation Program Account‑-State Appropriation $1,770,000

ORV and Nonhighway Vehicle Account‑-State Appropriation $233,000

Snowmobile Account‑-State Appropriation............. $4,867,000

Aquatic Lands Enhancement Account‑-State Appropriation $363,000

Parks Renewal and Stewardship Account‑-State

Appropriation....................................................... $129,020,000

Parks Renewal and Stewardship Account‑-Private/Local

Appropriation.............................................................. $300,000

TOTAL APPROPRIATION................................ $162,787,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $9,921,000 of the general fund--state appropriation for fiscal year 2012 and $9,921,000 of the general fund--state appropriation for fiscal year 2013 are provided solely to assist state parks in its implementation of a new fee structure.  The goal of this structure is to make the parks system self-supporting.  By August 1, 2012, state parks must submit a report to the office of financial management detailing its progress toward this goal and outlining any additional statutory changes needed for successful implementation.

      (2) $79,000 of the general fund--state appropriation for fiscal year 2012 and $79,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a grant for the operation of the Northwest avalanche center.

      (3) $57,100,000 of the parks renewal and stewardship account--state appropriation is provided solely for implementation of Senate Bill No. 5622 (recreation access to state lands).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (4) During the 2011-2013 fiscal biennium, the commission shall not purchase or acquire additional lands other than those called for in Senate Bill No. 5467 or House Bill No. 1497.

NEW SECTION.  Sec. 304.  FOR THE RECREATION AND CONSERVATION FUNDING BOARD

General Fund‑-State Appropriation (FY 2012)........ $1,011,000

General Fund‑-State Appropriation (FY 2013)........ $1,023,000

General Fund‑-Federal Appropriation...................... $3,306,000

General Fund‑-Private/Local Appropriation................ $250,000

 Aquatic Lands Enhancement Account‑-State Appropriation $278,000

Vessel Response Account--State Appropriation......... $100,000

Firearms Range Account‑-State Appropriation............. $37,000

Recreation Resources Account‑-State Appropriation $3,031,000

NOVA Program Account‑-State Appropriation.......... $900,000

TOTAL APPROPRIATION.................................... $9,936,000

NEW SECTION.  Sec. 305.  FOR THE ENVIRONMENTAL AND LAND USE HEARINGS OFFICE

General Fund‑-State Appropriation (FY 2012)........ $2,478,000

General Fund‑-State Appropriation (FY 2013)........ $2,490,000

TOTAL APPROPRIATION.................................... $4,968,000

NEW SECTION.  Sec. 306.  FOR THE CONSERVATION COMMISSION

General Fund‑-State Appropriation (FY 2012)........ $7,092,000

General Fund‑-State Appropriation (FY 2013)........ $7,111,000

General Fund‑-Federal Appropriation...................... $1,179,000

TOTAL APPROPRIATION.................................. $15,382,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The conservation commission, in cooperation with all conservation districts, will seek to minimize conservation district overhead costs.  These efforts may include consolidating conservation districts.

      (2) $122,000 of the general fund--federal appropriation is provided solely for Engrossed Substitute House Bill No. 1886 (Ruckelshaus center process).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

NEW SECTION.  Sec. 307.  FOR THE DEPARTMENT OF FISH AND WILDLIFE

General Fund‑-State Appropriation (FY 2012)...... $35,932,000

General Fund‑-State Appropriation (FY 2013)...... $34,507,000

General Fund‑-Federal Appropriation.................. $107,370,000

General Fund‑-Private/Local Appropriation........... $51,566,000

ORV and Nonhighway Vehicle Account‑-State Appropriation $393,000

Aquatic Lands Enhancement Account‑-State Appropriation $6,992,000

Recreational Fisheries Enhancement‑-State Appropriation $3,601,000

Warm Water Game Fish Account‑-State Appropriation $3,125,000

 Eastern Washington Pheasant Enhancement Account‑-State

Appropriation.............................................................. $849,000

Aquatic Invasive Species Enforcement Account‑-State

Appropriation.............................................................. $210,000

Aquatic Invasive Species Prevention Account‑-State

Appropriation.............................................................. $741,000

State Wildlife Account‑-State Appropriation......... $98,896,000

Special Wildlife Account‑-State Appropriation........ $2,399,000

Special Wildlife Account‑-Federal Appropriation.... $3,431,000

Special Wildlife Account‑-Private/Local Appropriation $487,000

Wildlife Rehabilitation Account‑-State Appropriation $260,000

Regional Fisheries Enhancement Salmonid Recovery

Account‑-Federal Appropriation.............................. $5,001,000

Oil Spill Prevention Account‑-State Appropriation.... $919,000

Oyster Reserve Land Account‑-State Appropriation.. $927,000

Hydraulic Project Approval Account‑-State

Appropriation........................................................... $1,500,000

TOTAL APPROPRIATION................................ $359,106,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $294,000 of the aquatic lands enhancement account‑-state appropriation is provided solely for the implementation of hatchery reform recommendations defined by the hatchery scientific review group.

      (2) $355,000 of the general fund‑-state appropriation for fiscal year 2012 and $422,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the department to continue a pilot project with the Confederated Tribes of the Colville Reservation to develop expanded recreational fishing opportunities on Lake Rufus Woods and its northern shoreline and to conduct joint enforcement of lake fisheries on Lake Rufus Woods and adjoining waters, pursuant to state and tribal intergovernmental agreements developed under the Columbia River water supply program.  For the purposes of the pilot project:

      (a) A fishing permit issued to a nontribal member by the Colville Tribes shall satisfy the license requirement of RCW 77.32.010 on the waters of Lake Rufus Woods and on the north shore of Lake Rufus Woods;

      (b) The Colville Tribes have agreed to provide to holders of its nontribal member fishing permits a means to demonstrate that fish in their possession were lawfully taken in Lake Rufus Woods;

      (c) A Colville tribal member identification card shall satisfy the license requirement of RCW 77.32.010 on all waters of Lake Rufus Woods;

      (d) The department and the Colville Tribes shall jointly designate fishing areas on the north shore of Lake Rufus Woods for the purposes of enhancing access to the recreational fisheries on the lake; and

      (e) The Colville Tribes have agreed to recognize a fishing license issued under RCW 77.32.470 or RCW 77.32.490 as satisfying the nontribal member fishing permit requirements of Colville tribal law on the reservation portion of the waters of Lake Rufus Woods and at designated fishing areas on the north shore of Lake Rufus Woods;

      (3) Prior to submitting its 2013-2015 biennial operating and capital budget request related to state fish hatcheries to the office of financial management, the department shall contract with the hatchery scientific review group (HSRG) to review this request.  This review shall:  (a) Determine if the proposed requests are consistent with HSRG recommendations; (b) prioritize the components of the requests based on their contributions to protecting wild salmonid stocks and meeting the recommendations of the HSRG; and (c) evaluate whether the proposed requests are being made in the most cost effective manner.  The department shall provide a copy of the HSRG review to the office of financial management with their agency budget proposal.

      (4) $400,000 of the general fund‑-state appropriation for fiscal year 2012 and $400,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a state match to support the Puget Sound nearshore partnership between the department and the U.S. army corps of engineers.

      (5) $50,000 of the general fund‑-state appropriation for fiscal year 2012 and $50,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for removal of derelict gear in Washington waters.

      (6) $100,000 of the eastern Washington pheasant enhancement account‑-state appropriation is provided solely for the department to support efforts to enhance permanent and temporary pheasant habitat on public and private lands in Grant, Franklin, and Adams counties.  The department may support efforts by entities including conservation districts, nonprofit organizations, and landowners, and must require such entities to provide significant nonstate matching resources, which may be in the form of funds, material, or labor.

      (7) Within the amounts appropriated in this section, the department shall identify additional opportunities for partnerships in order to keep fish hatcheries operational.  Such partnerships shall aim to maintain fish production and salmon recovery with less reliance on state operating funds.

      (8) By September 1, 2011, the department shall update its interagency agreement dated September 30, 2010, with the department of natural resources concerning land management services on the department of fish and wildlife's wildlife conservation and recreation lands.  The update shall include rates and terms for services.

      (9) $6,443,000 of the state wildlife account--state appropriation is provided solely for the implementation of Senate Bill No. 5385 (state wildlife account).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (10) $9,500,000 of the state wildlife account--state appropriation is provided solely for the implementation of Senate Bill No. 5622.  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (11) $1,500,000 of the hydraulic project approval account--state appropriation is provided solely for the implementation of Senate Bill No. 5862.  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (12) During the 2011-2013 fiscal biennium, the department shall not purchase or acquire additional lands other than those called for in Senate Bill No. 5467 or House Bill No. 1497.

NEW SECTION.  Sec. 308.  FOR THE DEPARTMENT OF NATURAL RESOURCES

General Fund‑-State Appropriation (FY 2012)...... $35,735,000

General Fund‑-State Appropriation (FY 2013)...... $35,494,000

General Fund‑-Federal Appropriation.................... $28,145,000

General Fund‑-Private/Local Appropriation............. $2,381,000

Forest Development Account‑-State Appropriation $42,673,000

ORV and Nonhighway Vehicle Account‑-State Appropriation $4,508,000

Surveys and Maps Account‑-State Appropriation... $2,399,000

Aquatic Lands Enhancement Account‑-State

Appropriation........................................................... $7,389,000

Resources Management Cost Account‑-State

Appropriation......................................................... $85,916,000

Surface Mining Reclamation Account‑-State

Appropriation........................................................... $3,540,000

Disaster Response Account‑-State Appropriation... $5,000,000

Forest and Fish Support Account‑-State Appropriation $7,939,000

Aquatic Land Dredged Material Disposal Site

Account‑-State Appropriation..................................... $844,000

Natural Resources Conservation Areas Stewardship

Account‑-State Appropriation....................................... $34,000

State Toxics Control Account‑-State Appropriation..... $80,000

Air Pollution Control Account‑-State Appropriation $1,319,000

NOVA Program Account‑-State Appropriation....... $1,018,000

Derelict Vessel Removal Account‑-State Appropriation $1,765,000

Agricultural College Trust Management Account‑-State

Appropriation........................................................... $1,916,000

Forest Practices Application Account‑-State

Appropriation........................................................... $1,500,000

TOTAL APPROPRIATION................................ $269,595,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $977,000 of the general fund‑-state appropriation for fiscal year 2012 and $915,000 of the general fund‑-state appropriation for fiscal year 2013 are provided solely for deposit into 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.

      (2) $10,037,000 of the general fund‑-state appropriation for fiscal year 2012, $10,037,000 of the general fund‑-state appropriation for fiscal year 2013, and $5,000,000 of the disaster response account‑-state appropriation are provided solely for emergency fire suppression.  None of the general fund and disaster response account amounts provided in this subsection may be used to fund agency indirect and administrative expenses.  Agency indirect and administrative costs shall be allocated among the agency's remaining accounts and appropriations.  The department of natural resources shall submit a quarterly report to the office of financial management and the legislative fiscal committees detailing information on current and planned expenditures from the disaster response account.  This work shall be done in coordination with the military department.

      (3) $5,000,000 of the forest and fish support account‑-state appropriation is provided solely for adaptive management, monitoring, and participation grants to tribes.  If federal funding for this purpose is reinstated, the amount provided in this subsection shall lapse.

      (4) $333,000 of the forest and fish support account--state appropriation is provided solely for adaptive management, monitoring, and participation grants to nongovernmental organizations.

      (5) $487,000 of the general fund--state appropriation is provided solely to fund interagency agreements with the department of ecology and the department of fish and wildlife as part of the adaptive management process.

      (6) $1,000,000 of the general fund--federal appropriation and $1,000,000 of the forest and fish support account--state appropriation are provided solely for continuing scientific studies already underway as part of the adaptive management process.  Funds may not be used to initiate new studies unless the department secures new federal funding for the adaptive management process.

      (7) The department is authorized to increase the silviculture burning permit fee in the 2011-2013 biennium up to eighty dollars plus fifty cents per ton for each ton of material burned in excess of one hundred tons.

      (8) $440,000 of the state general fund‑-state appropriation for fiscal year 2012 and $440,000 of the state general fund‑-state appropriation for fiscal year 2013 are provided solely for forest work crews that support correctional camps and are contingent upon continuing operations of Naselle youth camp.

      (9) By September 1, 2011, the department shall update its interagency agreement dated September 30, 2010, with the department of fish and wildlife concerning land management services on the department of fish and wildlife's wildlife conservation and recreation lands.  The update shall include rates and terms for services.

      (10) $1,500,000 of the forest practices application account--state appropriation is provided solely for the implementation of Senate Bill No. 5862.  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (11)(a) The department shall convene the marina rents review committee so that the committee can recommend to the legislature alternative methods of calculating rents for marinas occupying state-owned aquatic lands.  The committee must explore ways to refine and improve the averaging method for calculating rents for marinas as generally described in Senate Bill No. 5550 (marina annual rent rates); examine current methodologies; address significant fluctuations in assessed value among similarly sized and situated properties; and explore how marina rents in similar regional marina markets can affect market conditions for marinas.  The department shall also consider expanding representation and stakeholder outreach on the committee, based on recommendations of existing committee members.  The department is authorized to use independent facilitators and outside parties to partner in the committee's efforts.  Recommendations provided by the committee must meet these minimum requirements:

      (i) Provide more equitable treatment of marina lessees through similar lease rates for similar uses in similar markets or geographic locations;

      (ii) Minimize administrative burdens to the department;

      (iii) Be designed with strategies to be revenue neutral or positive to the state over a time frame agreeable to the department.

      (b) The committee shall strive for unanimous agreement in its recommendations.  In the absence of a unanimous agreement, a vote may be taken to assess preferences and majority and minority views, and recommendations must be reported to the legislature by December 1, 2011, consistent with RCW 43.01.036.

      (12) During the 2011-2013 fiscal biennium, the department shall not add additional pilots or helicopters to its fleet and shall, if necessary, within existing funds purchase by contract additional capacity.

NEW SECTION.  Sec. 309.  FOR THE DEPARTMENT OF AGRICULTURE

General Fund‑-State Appropriation (FY 2012)...... $16,334,000

General Fund‑-State Appropriation (FY 2013)...... $16,120,000

General Fund‑-Federal Appropriation.................... $23,217,000

General Fund‑-Private/Local Appropriation................ $190,000

 Aquatic Lands Enhancement Account‑-State

Appropriation........................................................... $2,101,000

State Toxics Control Account‑-State Appropriation $5,191,000

Water Quality Permit Account‑-State Appropriation... $62,000

TOTAL APPROPRIATION.................................. $63,215,000

NEW SECTION.  Sec. 310.  FOR THE WASHINGTON POLLUTION LIABILITY INSURANCE PROGRAM

Pollution Liability Insurance Program Trust

Account‑-State Appropriation..................................... $681,000

NEW SECTION.  Sec. 311.  FOR THE PUGET SOUND PARTNERSHIP

General Fund‑-State Appropriation (FY 2012)........ $2,584,000

General Fund‑-State Appropriation (FY 2013)........ $2,572,000

General Fund‑-Federal Appropriation...................... $9,620,000

General Fund--Private/Local Appropriation.................. $25,000

Aquatic Lands Enhancement Account‑-State Appropriation $499,000

State Toxics Control Account‑-State Appropriation... $735,000

TOTAL APPROPRIATION.................................. $16,035,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $706,000 of the state toxics control account‑-state appropriation is provided solely for activities that contribute to Puget Sound protection and recovery, including provision of independent advice and assessment of the state's oil spill prevention, preparedness, and response programs, including review of existing activities and recommendations for any necessary improvements.  The partnership may carry out this function through an existing committee, such as the ecosystem coordination board or the leadership council, or may appoint a special advisory council.  Because this is a unique statewide program, the partnership may invite participation from outside the Puget Sound region.

      (2) Within the amounts appropriated in this section, the Puget Sound partnership shall facilitate an ongoing monitoring consortium to integrate monitoring efforts for storm water, water quality, watershed health, and other indicators to enhance monitoring efforts in Puget Sound.

 

(End of part)

 

PART IV
TRANSPORTATION

 

NEW SECTION.  Sec. 401.  FOR THE DEPARTMENT OF LICENSING

General Fund‑-State Appropriation (FY 2012)........ $1,276,000

General Fund‑-State Appropriation (FY 2013)........ $1,530,000

Architects' License Account‑-State Appropriation... $1,086,000

Professional Engineers' Account‑-State

Appropriation........................................................... $3,573,000

Real Estate Commission Account‑-State Appropriation $10,043,000

Uniform Commercial Code Account‑-State Appropriation $3,183,000

Real Estate Education Account‑-State Appropriation. $276,000

Real Estate Appraiser Commission Account‑-State

Appropriation........................................................... $1,724,000

Business and Professions Account‑-State Appropriation $16,045,000

Real Estate Research Account‑-State Appropriation... $622,000

Geologists' Account‑-State Appropriation.................... $49,000

Derelict Vessel Removal Account‑-State Appropriation $31,000

TOTAL APPROPRIATION.................................. $39,438,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) Pursuant to RCW 43.135.055, the department is authorized to increase fees for collection agencies.  These increases are necessary to support the expenditures authorized in this section, consistent with RCW 43.24.086.

      (2) $8,000 of the business and professions account--state appropriation is provided solely to implement House Bill No. 1745 (collection agencies).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (3) $54,000 of the business and professions account--state appropriation is provided solely to implement Substitute House Bill No. 1205 (court reporter licensing).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

NEW SECTION.  Sec. 402.  FOR THE STATE PATROL

General Fund‑-State Appropriation (FY 2012)...... $39,567,000

 General Fund‑-State Appropriation (FY 2013)..... $37,368,000

General Fund‑-Federal Appropriation.................... $16,081,000

General Fund‑-Private/Local Appropriation............. $3,021,000

Death Investigations Account‑-State Appropriation $5,735,000

County Criminal Justice Assistance Account‑-State

Appropriation........................................................... $3,302,000

Municipal Criminal Justice Assistance Account‑-State

Appropriation........................................................... $1,332,000

Fire Service Trust Account‑-State Appropriation....... $131,000

Disaster Response Account‑-State Appropriation... $8,002,000

Fire Service Training Account‑-State Appropriation $9,087,000

Aquatic Invasive Species Enforcement Account‑-State

Appropriation................................................................ $54,000

State Toxics Control Account‑-State Appropriation... $508,000

Fingerprint Identification Account‑-State

Appropriation........................................................... $8,964,000

Vehicle License Fraud Account--State Appropriation... $21,000

TOTAL APPROPRIATION................................ $133,173,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $200,000 of the fire service training account‑-state appropriation is provided solely for two FTEs in the office of the state director of fire protection to exclusively review K-12 construction documents 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 capabilities.

      (2) $8,000,000 of the disaster response account--state appropriation is provided solely for Washington state fire service resource mobilization costs incurred in response to an emergency or disaster authorized under RCW 43.43.960 and 43.43.964.  The state patrol shall submit a report quarterly to the office of financial management and the legislative fiscal committees detailing information on current and planned expenditures from this account.  This work shall be done in coordination with the military department.

      (3) $400,000 of the fire service training account--state appropriation is provided solely for the firefighter apprenticeship training program.

      (4) In accordance with RCW 43.43.742 the state patrol is authorized to increase the following fees in fiscal year 2012 as necessary to meet the actual costs of conducting business and the appropriation levels in this section:  Notary service fee.

      (5) $59,000 of the fingerprint identification account--state appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1776 (child care center licensing).  If the bill is not enacted by June 30, 2011, the amount provided in this subsection shall lapse.

      (6) The department shall dispose of the two King Air aircraft it currently owns.  The proceeds from the sale of the airplanes shall be deposited into the state general fund and the state patrol highway account in equal amounts.  Disposal of the aircraft must occur no later than June 30, 2012.

 

(End of part)

 

PART V
EDUCATION

 

NEW SECTION.  Sec. 501.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION

General Fund--State Appropriation (FY 2012)...... $27,835,000

General Fund--State Appropriation (FY 2013)...... $24,153,000

General Fund--Federal Appropriation.................... $81,739,000

TOTAL APPROPRIATION................................ $133,727,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) A maximum of $18,507,000 of the general fund--state appropriation for fiscal year 2012 and $14,451,000 of the general fund--state appropriation for fiscal year 2013 is for state agency operations.

      (a) $9,858,000 of the general fund--state appropriation for fiscal year 2012 and $9,081,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the operation and expenses of the office of the superintendent of public instruction.

      (i) Within the amounts provided in this subsection (1)(a), the superintendent shall recognize the extraordinary accomplishments of four students who have demonstrated a strong understanding of the civics essential learning requirements to receive the Daniel J. Evans civic education award.

      (ii) Within the amounts provided, the office of the superintendent of public instruction shall develop a model policy that further defines the recommended roles and responsibilities of graduation coaches and identifies best practices for how graduation coaches work in coordination with school counselors and in the context of a comprehensive school guidance and counseling program.  The office of the superintendent of public instruction will work in consultation with the public school employees and the Washington school counselors' association.

      (iii) The appropriations in this section assume savings associated with Substitute House Bill No. 1449 (educator certificate fee).

      (b) $1,842,000 of the general fund--state appropriation for fiscal year 2012 and $1,094,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for activities associated with the implementation of new school finance systems required by chapter 236, Laws of 2010 (K-12 education funding) and chapter 548, Laws of 2009 (state's education system), including technical staff, systems reprogramming, and workgroup deliberations, including the quality education council.  The office of the superintendent of public instruction will convene a data governance group to continue work defining operating rules and a governance structure for K-12 data collections, and collaborate with the education research and data center to facilitate analysis of data across education sectors.

      (c) $851,000 of the general fund--state appropriation for fiscal year 2012 and $851,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the operation and expenses of the state board of education, including basic education assistance activities.

      (d) $1,743,000 of the general fund--state appropriation for fiscal year 2012 and $1,361,000 of the general fund--state appropriation for fiscal year 2013 are provided solely to the professional educator standards board for the following:

      (i) $1,031,000 in fiscal year 2012 and $1,031,000 in fiscal year 2013 are for the operation and expenses of the Washington professional educator standards board; and

      (ii) $712,000 of the general fund--state appropriation for fiscal year 2012 and $330,000 of the general fund--state appropriation for fiscal year 2013 are for conditional scholarship loans and mentor stipends provided through the alternative routes to certification program administered by the professional educator standards board, including the pipeline for paraeducators program and the retooling to teach conditional loan programs.  Funding within this subsection (1)(d)(ii) is also provided for the recruiting Washington teachers program.

      (e) $45,000 of the general fund--state appropriation for fiscal year 2012 and $45,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the implementation of chapter 380, Laws of 2009 (enacting the interstate compact on educational opportunity for military children).

      (f) $89,000 of the general fund--state appropriation for fiscal year 2012 and $23,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the implementation of Second Substitute House Bill No. 1163 (bullying prevention), which requires the office of the superintendent of public instruction to convene an ongoing workgroup on school bullying and harassment prevention.  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (g) $856,000 of the general fund--state appropriation for fiscal year 2012 and $4,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the implementation of Engrossed Second Substitute House Bill No. 1443 (education reforms).  $764,000 of the $856,000 general fund--state appropriation for fiscal year 2012 is provided solely for allocation to local school districts for the purpose of implementing the bill.  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (h) $166,000 of the general fund--state appropriation for fiscal year 2012 is provided solely for implementation of Proposed Second Substitute House Bill No. 1431 (financial insolvency of school districts).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

      (i) $1,200,000 of the general fund--state appropriation for fiscal year 2012 and $700,000 of the general fund--state appropriation for fiscal year 2013 are provided solely to plan and implement a voluntary program of consolidated public school employee health benefits purchasing.  The office of the superintendent of public instruction shall establish interagency agreements with the state health care authority, the office of the insurance commissioner, and the office of financial management to provide a system allowing for a minimum of 5,000 and a maximum of 16,000 participants to enroll in the K-12 employees' health benefits pool for the 2012-2013 school year.  If Senate Bill No. . . . is not enacted by June 30, 2011, this subsection shall lapse.

      (j) The appropriations in this section assume savings associated with Substitute Senate Bill No. 5639 (relating to education governance).

      (2) $9,275,000 of the general fund--state appropriation for fiscal year 2012, $9,636,000 of the general fund--state appropriation for fiscal year 2013 are for statewide programs.

      (a) HEALTH AND SAFETY

      (i) $2,541,000 of the general fund--state appropriation for fiscal year 2012 and $2,541,000 of the general fund--state appropriation for fiscal year 2013 are provided solely 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.

      (ii) $45,000 of the general fund--state appropriation for fiscal year 2012 and $45,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a nonviolence and leadership training program provided by the institute for community leadership.

      (iii) $70,000 of the general fund--state appropriation for fiscal year 2012 and $70,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a pilot youth suicide prevention and information program.  The office of superintendent of public instruction will work with selected school districts and community agencies in identifying effective strategies for preventing youth suicide.

      (b) TECHNOLOGY

      $1,570,000 of the general fund--state appropriation for fiscal year 2012 and $1,571,000 of the general fund--state appropriation for fiscal year 2013 are provided solely 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.

      (c) GRANTS AND ALLOCATIONS

      (i) $675,000 of the general fund--state appropriation for fiscal year 2012 and $675,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the Washington state achievers scholarship program.  The funds shall be used to support community involvement officers that recruit, train, and match community volunteer mentors with students selected as achievers scholars.

      (ii) $1,000,000 of the general fund--state appropriation for fiscal year 2012 and $1,000,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for contracting with a college scholarship organization with expertise in conducting outreach to students concerning eligibility for the Washington college bound scholarship consistent with chapter 405, Laws of 2007.

      (iii) $2,808,000 of the general fund--state appropriation for fiscal year 2012 and $2,808,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the dissemination of the navigation 101 curriculum to all districts.  The funding shall support electronic student planning tools and software for analyzing the impact of navigation 101 on student performance, as well as grants to a maximum of one hundred school districts each year, based on progress and need for the implementation of the navigation 101 program.  The implementation grants shall be awarded to a cross-section of school districts reflecting a balance of geographic and demographic characteristics.  Within the amounts provided, the office of the superintendent of public instruction will create a navigation 101 accountability model to analyze the impact of the program.

      (iv) $135,000 of the general fund--state appropriation for fiscal year 2012 and $135,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for dropout prevention programs at the office of the superintendent of public instruction, including the jobs for America's graduates (JAG) program.

      (v) $500,000 of the general fund--state appropriation for fiscal year 2012 and $400,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for the implementation of Substitute House Bill No. 1510 (state-funded kindergarten), including the development and implementation of the Washington kindergarten inventory of developing skills (WaKIDS).  If the bill is not enacted by June 30, 2011, the amounts provided in this subsection shall lapse.

NEW SECTION.  Sec. 502.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR GENERAL APPORTIONMENT

General Fund--State Appropriation (FY 2012). $5,425,482,000

General Fund--State Appropriation (FY 2013). $5,305,574,000

TOTAL APPROPRIATION........................... $10,731,056,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) GENERAL PROVISIONS

      (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.

      (b) For the 2011-12 and 2012-13 school years, the superintendent shall allocate general apportionment funding to school districts as provided in the funding formulas and salary schedules in sections 502 and 503 of this act, excluding (c) of this subsection.

      (c) From July 1, 2011 to August 31, 2011, the superintendent shall allocate general apportionment funding to school districts programs as provided in sections 502 and 504, chapter 564, Laws of 2009, as amended through sections 1402 and 1403 of this act.

      (2) CERTIFICATED INSTRUCTIONAL STAFF ALLOCATIONS

      Allocations for certificated instructional staff salaries for the 2011-12 and 2012-13 school years are determined using formula-generated staff units calculated pursuant to this subsection.

      (a) Certificated instructional staff units, as defined in RCW 28A.150.410, shall be allocated to reflect the minimum class size allocations, requirements, and school prototypes assumptions as provided in RCW 28A.150.260.  The superintendent shall adjust allocations to school districts based on the district's annual average full-time equivalent student enrollment in each grade.

      (b) Additional certificated instructional staff units provided in this subsection (2) that exceed the minimum requirements in RCW 28A.150.260 are enhancements outside the program of basic education, except as otherwise provided in this section.

      (c)(i) The superintendent shall base allocations for each level of prototypical school on the following regular education average class size of full-time equivalent students per teacher, except as provided in (c)(ii) of this subsection:

      The superintendent shall base allocations for career and technical education (CTE) and skill center programs average class size as provided in RCW 28A.150.260.

      (ii) For each level of prototypical school at which more than fifty percent of the students were eligible for free and reduced-price meals as determined by a rolling average of enrollment from the three most recently completed school years, the superintendent shall allocate funding based on the following average class size of full-time equivalent students per teacher:

      (iii) Pursuant to RCW 28A.150.260(4)(a), the assumed teacher planning period, expressed as a percentage of a teacher work day, is 13.42 percent in grades K-6, and 16.67 percent in grades 7-12; and

      (iv) Laboratory science, advanced placement, and international baccalaureate courses are funded at the same class size assumptions as general education schools in the same grade; and

      (d)(i) Funding for teacher librarians, school nurses, social workers, school psychologists, and guidance counselors is allocated based on the school prototypes as provided in RCW 28A.150.260 and is considered certificated instructional staff, except as provided in (d)(ii) of this subsection.

      (ii) Students in approved career and technical education and skill center programs generate certificated instructional staff units to provide for the services of teacher librarians, school nurses, social workers, school psychologists, and guidance counselors at the following combined rate per 1000 students:

Career and Technical Education

students......................................... 2.02 per 1000 student FTE's

Skill Center students...................... 2.36 per 1000 student FTE's

      (3) ADMINISTRATIVE STAFF ALLOCATIONS

      (a) Allocations for school building-level certificated administrative staff salaries for the 2011-12 and 2012-13 school years for general education students are determined using the formula-generated staff units provided in RCW 28A.150.260, and adjusted based on a district's annual average full-time equivalent student enrollment in each grade.

      (b) Students in approved career and technical education and skill center programs generate certificated school building-level administrator staff units at per student rates that exceed the general education rate in (a) of this subsection by the following percentages:

Career and Technical Education students.................. 2.5 percent

Skill Center students............................................ 19.75 percent

      (4) CLASSIFIED STAFF ALLOCATIONS

      Allocations for classified staff units providing school building-level and district-wide support services for the 2011-12 and 2012-13 school years are determined using the formula-generated staff units provided in RCW 28A.150.260, and adjusted based on each district's annual average full-time equivalent student enrollment in each grade.

      (5) CENTRAL OFFICE ALLOCATIONS

      In addition to classified and administrative staff units allocated in subsections (3) and (4) of this section, classified and administrative staff units are provided for the 2011-12 and 2012-13 school year for the central office administrative costs of operating a school district, at the following rates:

      (a) The total central office staff units provided in this subsection (5) are calculated by first multiplying the total number of eligible certificated instructional, certificated administrative, and classified staff units providing school-based or district-wide support services, as identified in RCW 28A.150.260(6)(b), by 5.3 percent.

      (b) Of the central office staff units calculated in (a) of this subsection, 74.53 percent are allocated as classified staff units, as generated in subsection (4) of this section, and 25.47 percent shall be allocated as administrative staff units, as generated in subsection (3) of this section.

      (c) Staff units generated as enhancements outside the program of basic education to the minimum requirements of RCW 28A.150.260, and staff units generated by skill center and career-technical students, are excluded from the total central office staff units calculation in (a) of this subsection.

      (d) For students in approved career-technical and skill center programs, central office classified units are allocated at the same staff unit per student rate as those generated for general education students of the same grade in this subsection (5), and central office administrative staff units are allocated at staff unit per student rates that exceed the general education rate established for students in the same grade in this subsection (5) by 3.69 percent for career and technical education students, and 21.92 percent for skill center students.

      (6) FRINGE BENEFIT ALLOCATIONS

      Fringe benefit allocations shall be calculated at a rate of 16.30 percent in the 2011-12 school year and 16.31 percent in the 2012-13 school year for certificated salary allocations provided under subsections (2), (3), and (5) of this section, and a rate of 18.69 percent in the 2011-12 school year and 18.70 percent in the 2012-13 school year for classified salary allocations provided under subsections (3) and (4) of this section.

      (7) INSURANCE BENEFIT ALLOCATIONS

      (a) Insurance benefit allocations shall be calculated at the maintenance rate specified in section 504 of this act, based on the number of benefit units determined as follows:

      (i) The number of certificated staff units determined in subsections (2), (3), and (5) of this section; and

      (ii) The number of classified staff units determined in subsections (3) and (4) 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.

      (b) Public school employee health insurance benefit rates for school year 2012-13 will be allocated at differential rates for participants and for nonparticipants in the K-12 employee consolidated health benefits pool.  It is expected that the program transition team will include proposed differential rates to the legislature, prior to the 2012-13 school year, as part of its submitted implementation plan and recommendations and in accordance with legislation enacted in the 2011 session.  If Senate Bill No. . . . is not enacted by June 30, 2011, the school year 2012-13 health benefit allocation rates shall remain, uniformly, at the 2011-12 school year level.

      (8) MATERIALS, SUPPLIES, AND OPERATING COSTS (MSOC) ALLOCATIONS

      Funding is allocated per annual average full-time equivalent student for the materials, supplies, and operating costs (MSOC) incurred by school districts, consistent with the requirements of RCW 28A.150.260.

      (a) MSOC funding for general education students are allocated at the following per student rates:

 

      (b) Students in approved skill center programs generate per student FTE MSOC allocations which equal the rate for general education students calculated in (a) of this subsection, multiplied by a factor of 2.187.

      (c) Students in approved exploratory and preparatory career and technical education programs generate a per student MSOC allocation that is equal to the rate for general education students calculated in (a) of this subsection, multiplied by a factor of 2.459.

      (d) Students in laboratory science courses generate per student FTE MSOC allocations which equal the per student FTE rate for general education students established in (a) of this subsection.

      (9) SUBSTITUTE TEACHER ALLOCATIONS

      For the 2011-12 and 2012-13 school years, funding for substitute costs for classroom teachers is based on four funded substitute days per classroom teacher unit generated under subsection (2) of this section, at a daily substitute rate of $151.86.

      (10) ALTERNATIVE LEARNING EXPERIENCE PROGRAM FUNDING

      (a) Beginning in the 2011-12 school year, general apportionment allocations resulting from this section and compensation factors in sections 503 and 504 of this act shall be multiplied by a factor of 0.90 for students participating in alternative learning experience (ALE) programs defined in WAC 392-121-182.

      (b) School districts providing ALE programs as defined in WAC 392-121-182 may not provide any compensation, reimbursement, gift, reward, or gratuity to any parents, guardians, or students for participation in ALE programs.  This prohibition includes, but is not limited to, providing funds to parents, guardians, or students for the purchase of educational materials, supplies, experiences, services, or technological equipment.  A district may purchase educational materials, equipment, or other nonconsumable supplies for students' use in ALE programs if the purchase is consistent with laws and rules and made in the same manner as such purchases are made for students in the district's non-ALE program.  Items so purchased remain the property of the school district upon ALE program completion.  These requirements in this subsection extend to private and multidistrict cooperative ALE providers, and each district shall be responsible for monitoring the compliance of its ALE providers with this subsection.

      (c) The superintendent of public instruction shall require all districts receiving general apportionment funding for alternative learning experience (ALE) programs as defined in WAC 392-121-182 to provide separate financial accounting of expenditures for the ALE programs offered in district or with a provider, including but not limited to private companies and multidistrict cooperatives, as well as accurate, monthly headcount and FTE enrollment claimed for basic education, including separate counts of resident and nonresident students.

      (d) Beginning in the 2011-12 school year, school districts are exempt from the requirements of RCW 28A.150.100(2) for that portion of their annual average full-time equivalent enrollment in ALE programs as defined in WAC 392-121-182.

      (11) ADDITIONAL FUNDING FOR SMALL SCHOOL DISTRICTS AND REMOTE AND NECESSARY PLANTS

      For small school districts and remote and necessary school plants within any district which have been judged to be remote and necessary by the state board of education, and based on funding allocations per annual average full-time equivalent student additional staff units are provided to ensure a minimum level of staffing support.  Additional administrative and certificated instructional staff units provided to districts in this subsection shall be reduced by the staff units otherwise provided in subsections (2) through (5) of this section on a per district basis.

      (a) 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;

      (b) 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;

      (c) 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;

      (d) 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;

      (e) 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;

      (f)(i) For enrollments generating certificated staff unit allocations under this subsection, one classified staff unit for each 2.94 certificated staff units allocated under such subsections;

      (ii) 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; and

      (g) School districts receiving additional staff units to support small student enrollments and remote and necessary plants under this subsection (11) shall generate additional MSOC allocations consistent with the nonemployee related costs (NERC) allocation formula in place for the 2010-11 school year as provided section 502, chapter 37, Laws of 2010 1st sp. sess. (2010 supplemental budget), adjusted annually for inflation.

      (12) 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.

      (13) The superintendent may distribute a maximum of $2,060,000 outside the basic education formula during fiscal years 2012 and 2013 as follows:

      (a) $589,000 of the general fund--state appropriation for fiscal year 2012 and $599,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for fire protection for school districts located in a fire protection district as now or hereafter established pursuant to chapter 52.04 RCW.

      (b) $436,000 of the general fund--state appropriation for fiscal year 2012 and $436,000 of the general fund--state appropriation for fiscal year 2013 are provided solely 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.

      (c) Funding in this section is sufficient to fund adjustments to school districts' allocations resulting from the implementation of the prototypical school funding formula, pursuant to chapter 236, Laws of 2010 (K-12 education funding).  The funding in this section is intended to hold school districts harmless in total for funding changes resulting from conversion to the prototypical school formula in the general apportionment program, the learning assistance program, the transitional bilingual program, and the highly capable program, after adjustment for changes in enrollment and other caseload adjustments.

      (14) $208,000 of the general fund--state appropriation for fiscal year 2012 and $211,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for school district emergencies as certified by the superintendent of public instruction.  At the close of the fiscal year the superintendent of public instruction shall report to the office of financial management and the appropriate fiscal committees of the legislature on the allocations provided to districts and the nature of the emergency.

      (15) Amounts in this section include adjustments made by the superintendent of public instruction for the repayment of financial contingency funds allocated in fiscal year 2011, as specified in section 1402(14) of this act.  For any amount allocated to a district in state fiscal year 2011, the superintendent of public instruction shall deduct in state fiscal year 2012 from the district's general apportionment the amount of the emergency contingency allocation and any earnings by the school district on the investment of a temporary cash surplus due to the emergency contingency allocation.  Repayments or advances will be accomplished by a reduction in the school district's apportionment payments on or before June 30th of the school year following the distribution of the emergency contingency allocation.  All disbursements, repayments, and outstanding allocations to be repaid of the emergency contingency pool shall be reported to the office of financial management and the appropriate fiscal committees of the legislature on July 1st and January 1st of each year.

      (16) $5,000,000 of the general fund--state appropriation for fiscal year 2012 and $5,000,000 of the general fund--state appropriation for fiscal year 2013 are provided solely for a K-12 salary reduction mitigation pool for public school employees allocated an annual base state funded salary, not including benefits, of less than or equal to $30,000 per full-time equivalent staff.  To the extent appropriations in this subsection are sufficient, funds shall be distributed to proportionately to restore state-funded base allocations, but in no case shall distributions exceed $900 per year per full-time equivalent staff.

      (17) Funding in this section is sufficient to fund a maximum of 1.6 FTE enrollment for skills center students pursuant to chapter 463, Laws of 2007.

      (18) Beginning in the 2011-12 school year, students participating in running start programs may be funded up to a combined maximum enrollment of 1.2 FTE including school district and institution of higher education enrollment.  Additionally, the office of the superintendent of public instruction, in consultation with the state board for community and technical colleges, the higher education coordinating board, and the education data center, shall annually track and report to the fiscal committees of the legislature on the combined FTE experience of students participating in the running start program, including course load analyses at both the high school and community and technical college system.

      (19) If two or more school districts consolidate and each district was receiving additional basic education formula staff units pursuant to subsection (11) of this section, the following 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 (11) of this section shall be reduced in increments of twenty percent per year.

      (20)(a) Indirect cost charges by a school district to approved career and technical education middle and secondary programs shall not exceed 15 percent of the combined basic education and career and technical education program enhancement allocations of state funds.  Middle and secondary career and technical education programs are considered separate programs for funding and financial reporting purposes under this section.

      (b) Career and technical education program 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 career and technical education program enrollments on the same monthly basis as those adjustments for enrollment for students eligible for basic support.

NEW SECTION.  Sec. 503.  FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--BASIC EDUCATION EMPLOYEE COMPENSATION

      (1) The following calculations determine the salaries used in the state allocations for certificated instructional, certificated administrative, and classified staff units as provided in RCW 28A.150.280 and under section 503 of this act:

      (a) Salary allocations for certificated instructional staff units are determined for each district by multiplying the district's certificated instructional total base salary shown on LEAP Document 2 by the district's average staff mix factor for certificated instructional staff in that school year, computed using LEAP document 1; and

      (b) Salary allocations for certificated administrative staff units and classified staff units for each district are determined based on the district's certificated administrative and classified salary allocation amounts shown on LEAP Document 2.

      (2) For the purposes of this section:

      (a) "LEAP Document 1" means the staff mix factors for certificated instructional staff according to education and years of experience, as developed by the legislative evaluation and accountability program committee on April 11, 2011, at 11:11 hours; and

      (b) "LEAP Document 2" means the 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 April 11, 2011, at 11:11 hours.

      (3) Incremental fringe benefit factors are applied to salary adjustments at a rate of 15.66 percent for school year 2011-12 and 15.66 percent for school year 2012-13 for certificated instructional and certificated administrative staff and 15.19 percent for school year 2011-12 and 15.20 percent for the 2012-13 school year for classified staff.

      (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: