Effective Date of Rule: Thirty-one days after filing.

     Purpose: The department is amending WAC 388-850-045 in order to revise the county funding formula to comply with state budget appropriations.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-850-045.

     Statutory Authority for Adoption: RCW 71A.12.030, 71A.12.020.

     Other Authority: Chapter 564, Laws of 2009 PV 61st legislature 205 (1)(n), chapter 34.05 RCW.

      Adopted under notice filed as WSR 10-08-081 on April 6, 2010.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: June 15, 2010.

Katherine I. Vasquez

Rules Coordinator

     (2) The allocation of funds to counties shall be based on the following criteria:

     (a) ((Each county shall receive a base amount of funds. The amount shall be based on the prior biennial allocation, including any funds from budget provisos from the prior biennium, and subject to the availability of state and federal funds;

     (b))) The distribution of ((any additional)) funds provided by the legislature or other sources shall be based on a distribution formula which best meets the needs of the population to be served((as follows:

     (i) On a basis which)).

     (b) The distribution formula takes into consideration ((minimum grant amounts,)) requirements of clients residing in an ICF/MR or clients on one of the division's Title XIX home and community-based waivers, ((and the general population of the county, and)) the number of children eligible for birth to three services, special education enrollment, the number of individuals receiving county funded services, the number of individuals enrolled with the division and the general population of the county ((as well as the population eligible for county-funded developmental disabilities services;)).

     (((ii) On a basis that takes into consideration the population numbers of minority groups residing within the county;

     (iii) A biennial adjustment shall be made after these factors are considered; and

     (iv) Counties not receiving any portion of additional funds pursuant to this formula shall not have their base allocation reduced due to application of this formula.

     (c) Funding appropriated through legislative proviso, including vendor rate increases, shall be distributed to the population directed by the legislature utilizing a formula as directed by the legislature or using a formula specific to that population or distributed to identified people;

     (d))) (c) The ability of the community to provide funds for the developmental disability program provided in chapter 71A.14 RCW may be considered with any or all of the above.

     (3) A county may utilize seven or less percent of the county's allocated funds for county administrative expenses. A county may utilize more than seven percent for county administration with approval of the division director. ((A county electing to provide all services directly, in addition to county administration, is exempt from this requirement.))

     (((4) The department may withhold five or less percent of allocated funds for new programs, for statewide priority programs, and for emergency needs.))

[Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.14.040, and Title 71A RCW. 05-11-015, § 388-850-045, filed 5/9/05, effective 6/9/05. Statutory Authority: RCW 71A.12.030, 71A.10.020 and 2002 c 371. 04-02-014, § 388-850-045, filed 12/29/03, effective 1/29/04. 99-19-104, recodified as § 388-850-045, filed 9/20/99, effective 9/20/99. Statutory Authority: RCW 71A.14.040. 92-13-032 (Order 3404), § 275-25-530, filed 6/10/92, effective 7/11/92. Statutory Authority: RCW 71A.14.030. 91-17-005 and 91-17-025 (Orders 3230 and 3230A), § 275-25-530, filed 8/9/91 and 8/14/91, effective 9/9/91 and 9/14/91. Statutory Authority: RCW 69.54.040 and 71.24.190. 83-03-011 (Order 1936), § 275-25-530, filed 1/12/83; Order 1142, § 275-25-530, filed 8/12/76.]

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