CERTIFICATION OF ENROLLMENT

ENGROSSED SUBSTITUTE SENATE BILL 5404

Chapter 25, Laws of 2003

(partial veto)

58th Legislature
2003 1st Special Session



OPERATING BUDGET



EFFECTIVE DATE: 6/26/03

Passed by the Senate June 4, 2003
  YEAS 28   NAYS 19

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House June 5, 2003
  YEAS 67   NAYS 30

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5404 as passed by the Senate and the House of Representatives on the dates hereon set forth.

MILTON H. DOUMIT JR.
________________________________________    
Secretary
Approved June 26, 2003, with the exception of sections 141; 148(2); 203(7); 203(10); 203(12); 204(1)(e); 204(1)(h); 205(1)(h); 209(12); 217(1); 308(14); 501(2)(a)(iv); 717; and 724, which are vetoed.




GARY F. LOCKE
________________________________________    
Governor of the State of Washington
 
FILED
June 26, 2003 - 9:43 a.m.







Secretary of State
State of Washington


_____________________________________________ 

ENGROSSED SUBSTITUTE SENATE BILL 5404
_____________________________________________

AS RECOMMENDED BY THE CONFERENCE COMMITTEE

Passed Legislature - 2003 1st Special Session
State of Washington58th Legislature2003 Regular Session

By Senate Committee on Ways & Means (originally sponsored by Senator Rossi; by request of Governor Locke)

READ FIRST TIME 04/04/03.   



     AN ACT Relating to fiscal matters; amending RCW 19.28.351, 28A.305.210, 28A.500.030, 38.52.106, 43.03.050, 43.08.190, 43.10.180, 43.43.944, 43.320.110, 46.09.170, 48.02.190, 49.26.130, 50.16.010, 51.44.170, 66.08.190, 66.16.010, 67.40.040, 69.50.520, 70.79.350, 70.94.483, 70.105D.070, 70.146.030, 70.146.080, 72.11.040, 76.12.050, 76.12.170, 79.08.180, 80.01.080, 82.14.200, 82.14.210, and 86.26.007; reenacting and amending RCW 41.50.110, 43.08.250, and 43.135.045; amending 2003 c 10 s 708 (uncodified); adding a new section to 2003 c 360 (uncodified); creating new sections; repealing 2003 c 360 s 408 (uncodified); making appropriations; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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 VIII 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, 2003, and ending June 30, 2005, 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 2004" or "FY 2004" means the fiscal year ending June 30, 2004.
     (b) "Fiscal year 2005" or "FY 2005" means the fiscal year ending June 30, 2005.
     (c) "FTE" means full time equivalent.
     (d) "Lapse" or "revert" means the amount shall return to an unappropriated status.
     (e) "Provided solely" means the specified amount may be spent only for the specified purpose. Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose which is unnecessary to fulfill the specified purpose shall lapse.

PART I
GENERAL GOVERNMENT

NEW SECTION.  Sec. 101   FOR THE HOUSE OF REPRESENTATIVES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $28,109,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $28,233,000
Department of Retirement Systems Expense Account --
     State Appropriation . . . . . . . . . . . . $45,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $56,387,000

     The appropriations in this section are subject to the following conditions and limitations: $25,000 of the general fund -- state appropriation is provided for allocation to Project Citizen, a program of the national conference of state legislatures to promote student civic involvement.

NEW SECTION.  Sec. 102   FOR THE SENATE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $22,001,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $23,173,000
Department of Retirement Systems Expense Account --
     State Appropriation . . . . . . . . . . . . $45,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $45,219,000

     The appropriations in this section are subject to the following conditions and limitations: $25,000 of the general fund -- state appropriation is provided for allocation to Project Citizen, a program of the national conference of state legislatures to promote student civic involvement.

NEW SECTION.  Sec. 103   FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,627,000
General Fund--State Appropriation (FY 2005) . . . . . . . . . . . . $1,717,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $3,344,000

NEW SECTION.  Sec. 104   FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,656,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $1,799,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $3,455,000

     The appropriations in this section are subject to the following conditions and limitations: $25,000 of the general fund--state appropriation for fiscal year 2004 and $25,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the legislative evaluation and accountability program committee, in consultation with the economic and revenue forecast council, to establish and maintain a set of economic indicators that could be used for adjusting the statewide salary schedule by a regional cost-of-living index. The economic indicators to be included in this index include but are not limited to the median cost of housing.
     (1) In developing the regional cost-of-living index, the legislative evaluation and accountability program committee shall collect data on the economic activity comprising the cost-of-living indexes for geographic areas of the state coterminous with the boundaries of the nine educational service districts established under RCW 28A.310.010.
     (2) Not later than July 1, 2004, the legislative evaluation and accountability program committee shall submit the regional cost-of-living index to an advisory committee for its review. The advisory committee shall be appointed by the governor and shall consist of one member representing the office of financial management, one member representing the employment security department, one member representing the office of the superintendent of public instruction, and three representatives of the private sector having demonstrated expertise in regional economics. The advisory committee shall not receive compensation for performance of its duties but may be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
     (3) Not later than October 1, 2004, the advisory committee created under this section shall submit to the director of the legislative evaluation and accountability program committee written comment on the proposed regional cost-of-living index. The written comment may include recommendations for revision to the index or its components.

NEW SECTION.  Sec. 105   FOR THE OFFICE OF THE STATE ACTUARY
Department of Retirement Systems Expense Account --
     State Appropriation . . . . . . . . . . . . $2,616,000

     The appropriation in this section is subject to the following conditions and limitations: $178,000 of the department of retirement systems expense account--state appropriation is provided solely for the costs associated with leasing and moving into new office space.

NEW SECTION.  Sec. 106   FOR THE JOINT LEGISLATIVE SYSTEMS COMMITTEE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $6,754,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $6,753,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $13,507,000

NEW SECTION.  Sec. 107   FOR THE STATUTE LAW COMMITTEE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $3,851,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $3,955,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $7,806,000

NEW SECTION.  Sec. 108   LEGISLATIVE AGENCIES. In order to achieve operating efficiencies within the financial resources available to the legislative branch, the executive rules committee of the house of representatives and the facilities and operations committee of the senate by joint action may transfer funds among the house of representatives, senate, joint legislative audit and review committee, legislative evaluation and accountability program committee, legislative transportation committee, office of the state actuary, joint legislative systems committee, and statute law committee.

NEW SECTION.  Sec. 109   FOR THE SUPREME COURT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $5,462,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $5,665,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $11,127,000

NEW SECTION.  Sec. 110   FOR THE LAW LIBRARY
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $2,045,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $2,050,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $4,095,000

NEW SECTION.  Sec. 111   FOR THE COURT OF APPEALS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $12,510,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $12,747,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $25,257,000

NEW SECTION.  Sec. 112   FOR THE COMMISSION ON JUDICIAL CONDUCT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $913,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $915,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $1,828,000

NEW SECTION.  Sec. 113   FOR THE ADMINISTRATOR FOR THE COURTS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $17,295,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $17,340,000
Public Safety and Education Account -- State
     Appropriation . . . . . . . . . . . . $43,389,000
Judicial Information Systems Account -- State
     Appropriation . . . . . . . . . . . . $27,903,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $105,927,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The judicial information systems account appropriation shall be used for the operations and maintenance of technology systems that improve services provided by the supreme court, the court of appeals, the office of public defense, and the administrator for the courts.
     (2) $750,000 of the general fund -- state appropriation for fiscal year 2004 and $750,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for court-appointed special advocates in dependency matters. The administrator for the courts, after consulting with the association of juvenile court administrators and the association of court-appointed special advocate/guardian ad litem programs, shall distribute the funds to volunteer court-appointed special advocate/guardian ad litem programs. The distribution of funding shall be based on the number of children who need volunteer court-appointed special advocate representation and shall be equally accessible to all volunteer court-appointed special advocate/guardian ad litem programs. The administrator for the courts shall not retain more than six percent of total funding to cover administrative or any other agency costs.
     (3) $12,572,000 of the judicial information systems account -- state appropriation is provided solely for improvements and enhancements to the judicial information system. This funding shall only be expended after the office of the administrator for the courts certifies to the office of financial management that there will be at least a $1,000,000 ending fund balance in the judicial information systems account at the end of the 2003-05 biennium.
     (4) $3,000,000 of the public safety and education account--state appropriation is provided solely for school district 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 office of 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.
     (5) $13,224,000 of the public safety and education account--state appropriation is provided solely for distribution to county juvenile court administrators to fund the costs of processing truancy, children in need of services, and at-risk youth petitions. The office of the administrator for the courts shall not retain any portion of these funds to cover administrative costs. The office of 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.
     (6) The distributions made under subsection (6) of this section 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.
     (7) Each fiscal year during the 2003-05 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 department no later than 45 days after the end of the fiscal year. The department shall electronically transmit this information to the chairs and ranking minority members of the house of representatives appropriations committee and the senate ways and means committee 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.
     (8) $813,000 of the general fund--state appropriation for fiscal year 2004 and $762,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for billing and related costs for the office of the administrator for the courts pursuant to Engrossed Substitute Senate Bill No. 5990 (supervision of offenders).
     (9) $1,800,000 of the public safety and education account appropriation is provided solely for distribution to the county clerks for the collection of legal financial obligations pursuant to Engrossed Substitute Senate Bill No. 5990 (supervision of offenders). The funding shall be distributed by the office of the administrator for the courts to the county clerks in accordance with the funding formula determined by the Washington association of county officials pursuant to Engrossed Substitute Senate Bill No. 5990 (supervision of offenders).

NEW SECTION.  Sec. 114   FOR THE OFFICE OF PUBLIC DEFENSE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $666,000
General Fund--State Appropriation (FY 2005) . . . . . . . . . . . . $884,000
Public Safety and Education Account -- State
     Appropriation . . . . . . . . . . . . $12,395,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $13,945,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $51,000 of the public safety and education account appropriation is provided solely for the office of public defense's costs in implementing chapter 303, Laws of 1999 (court funding).
     (2) Amounts provided from the public safety and education account appropriation in this section include funding for investigative services in death penalty personal restraint petitions.

NEW SECTION.  Sec. 115   FOR THE OFFICE OF THE GOVERNOR
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $3,773,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $3,776,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,140,000
Water Quality Account -- State
     Appropriation . . . . . . . . . . . . $3,854,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $12,543,000

     The appropriations in this section are subject to the following conditions and limitations: $3,854,000 of the water quality account appropriation and $1,140,000 of the general fund -- federal appropriation are provided solely for the Puget Sound water quality action team to implement the Puget Sound work plan and agency action items PSAT-01 through PSAT-05.

NEW SECTION.  Sec. 116   FOR THE LIEUTENANT GOVERNOR
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $549,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $549,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $1,098,000

NEW SECTION.  Sec. 117   FOR THE PUBLIC DISCLOSURE COMMISSION
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,790,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $1,771,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $3,561,000

NEW SECTION.  Sec. 118   FOR THE SECRETARY OF STATE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $24,336,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $17,092,000
General Fund--Federal Appropriation . . . . . . . . . . . . $6,967,000
Archives and Records Management Account -- State
     Appropriation . . . . . . . . . . . . $8,150,000
Department of Personnel Service Account -- State
     Appropriation . . . . . . . . . . . . $699,000
Election Account--Federal Appropriation . . . . . . . . . . . . $13,121,000
Local Government Archives Account--State Appropriation . . . . . . . . . . . . $7,067,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $77,432,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $2,296,000 of the general fund -- state appropriation for fiscal year 2004 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) $1,826,000 of the general fund -- state appropriation for fiscal year 2004 and $2,686,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the verification of initiative and referendum petitions, maintenance of related voter registration records, and the publication and distribution of the voters and candidates pamphlet.
     (3) $125,000 of the general fund -- state appropriation for fiscal year 2004 and $118,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for legal advertising of state measures under RCW 29.27.072.
     (4)(a) $1,944,004 of the general fund -- state appropriation for fiscal year 2004 and $1,986,772 of the general fund -- state appropriation for fiscal year 2005 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 2003-05 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 (a) and (b) of this subsection have been satisfactorily documented.
     (b) The legislature finds that the commitment of on-going funding is necessary to ensure continuous, autonomous, and independent coverage of public affairs. For that purpose, the secretary of state shall enter into a four-year contract with the nonprofit organization to provide public affairs coverage through June 30, 2006.
     (c) The nonprofit organization shall prepare an annual independent audit, an annual financial statement, and an annual report, including benchmarks that measure the success of the nonprofit organization in meeting the intent of the program.
     (d) No portion of any amounts disbursed pursuant to this subsection may be used, directly or indirectly, for any of the following purposes:
     (i) Attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, by any county, city, town, or other political subdivision of the state of Washington, or by the congress, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency;
     (ii) Making contributions reportable under chapter 42.17 RCW; or
     (iii) Providing any: (A) Gift; (B) honoraria; or (C) travel, lodging, meals, or entertainment to a public officer or employee.
     (5) $6,038,000 of the general fund--state appropriation for fiscal year 2004 is provided solely to reimburse the counties for the state's share of the cost of conducting the presidential primary.

NEW SECTION.  Sec. 119   FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $228,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $239,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $467,000

NEW SECTION.  Sec. 120   FOR THE COMMISSION ON ASIAN-AMERICAN AFFAIRS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $194,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $194,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $388,000

NEW SECTION.  Sec. 121   FOR THE STATE TREASURER
State Treasurer's Service Account -- State
     Appropriation . . . . . . . . . . . . $13,149,000

NEW SECTION.  Sec. 122   FOR THE STATE AUDITOR
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $701,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $702,000
State Auditing Services Revolving Account -- State
     Appropriation . . . . . . . . . . . . $12,810,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $14,213,000

     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) $701,000 of the general fund -- state appropriation for fiscal year 2004 and $702,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for staff and related costs to verify the accuracy of reported school district data submitted for state funding purposes; conduct school district program audits of state funded public school programs; establish the specific amount of state funding adjustments whenever audit exceptions occur and the amount is not firmly established in the course of regular public school audits; and to assist the state special education safety net committee when requested.

NEW SECTION.  Sec. 123   FOR THE CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $83,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $157,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $240,000

NEW SECTION.  Sec. 124   FOR THE ATTORNEY GENERAL
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $4,057,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $4,109,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,845,000
Public Safety and Education Account -- State
     Appropriation . . . . . . . . . . . . $1,814,000
Tobacco Prevention and Control Account -- State
     Appropriation . . . . . . . . . . . . $270,000
New Motor Vehicle Arbitration Account -- State
     Appropriation . . . . . . . . . . . . $1,180,000
Legal Services Revolving Account -- State
     Appropriation . . . . . . . . . . . . $165,275,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $179,550,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The attorney general shall report each fiscal year on actual legal services expenditures and actual attorney staffing levels for each agency receiving legal services. The report shall be submitted to the office of financial management and the fiscal committees of the senate and house of representatives no later than ninety days after the end of each fiscal year.
     (2) Prior to entering into any negotiated settlement of a claim against the state that exceeds five million dollars, the attorney general shall notify the director of financial management and the chairs of the senate committee on ways and means and the house of representatives committee on appropriations.

NEW SECTION.  Sec. 125   FOR THE CASELOAD FORECAST COUNCIL
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $638,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $639,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $1,277,000

NEW SECTION.  Sec. 126   FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $61,459,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $60,801,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $213,287,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $10,574,000
Public Safety and Education Account -- State
     Appropriation . . . . . . . . . . . . $10,095,000
Public Works Assistance Account -- State
     Appropriation . . . . . . . . . . . . $1,913,000
Building Code Council Account -- State
     Appropriation . . . . . . . . . . . . $1,061,000
Administrative Contingency Account -- State
     Appropriation . . . . . . . . . . . . $1,776,000
Low-Income Weatherization Assistance Account -- State
     Appropriation . . . . . . . . . . . . $3,293,000
Violence Reduction and Drug Enforcement Account --
     State Appropriation . . . . . . . . . . . . $9,013,000
Manufactured Home Installation Training Account --
     State Appropriation . . . . . . . . . . . . $256,000
Community Economic Development Account --
     State Appropriation . . . . . . . . . . . . $1,909,000
Washington Housing Trust Account -- State
     Appropriation . . . . . . . . . . . . $16,740,000
Public Facility Construction Loan Revolving
     Account -- State Appropriation . . . . . . . . . . . . $622,000
Lead Paint Account--State Appropriation . . . . . . . . . . . . $6,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $392,805,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $2,838,000 of the general fund -- state appropriation for fiscal year 2004 and $2,838,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for a contract with the Washington technology center. For work essential to the mission of the Washington technology center and conducted in partnership with universities, the center shall not pay any increased indirect rate nor increases in other indirect charges above the absolute amount paid during the 1995-97 fiscal biennium.
     (2) $61,000 of the general fund -- state appropriation for fiscal year 2004 and $62,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the implementation of the Puget Sound work plan and agency action item OCD-01.
     (3) $10,180,797 of the general fund -- federal appropriation is provided solely for the drug control and system improvement formula grant program, to be distributed in state fiscal year 2004 as follows:
     (a) $3,551,972 to local units of government to continue multijurisdictional narcotics task forces;
     (b) $611,177 to the department to continue the drug prosecution assistance program in support of multijurisdictional narcotics task forces;
     (c) $1,343,603 to the Washington state patrol for coordination, investigative, and supervisory support to the multijurisdictional narcotics task forces and for methamphetamine education and response;
     (d) $197,154 to the department for grants to support tribal law enforcement needs;
     (e) $976,897 to the department of social and health services, division of alcohol and substance abuse, for drug courts in eastern and western Washington;
     (f) $298,246 to the department for training and technical assistance of public defenders representing clients with special needs;
     (g) $687,155 to the department to continue domestic violence legal advocacy;
     (h) $890,150 to the department of social and health services, juvenile rehabilitation administration, to continue youth violence prevention and intervention projects;
     (i) $60,000 to the department for community-based advocacy services to victims of violent crime, other than sexual assault and domestic violence;
     (j) $89,705 to the department to continue the governor's council on substance abuse;
     (k) $97,591 to the department to continue evaluation of Byrne formula grant programs;
     (l) $572,919 to the office of financial management for criminal history records improvement; and
     (m) $804,228 to the department for required grant administration, monitoring, and reporting on Byrne formula grant programs.
     These amounts represent the maximum Byrne grant expenditure authority for each program. No program may expend Byrne grant funds in excess of the amounts provided in this subsection. If moneys in excess of those appropriated in this subsection become available, whether from prior or current fiscal year Byrne grant distributions, the department shall hold these moneys in reserve and may not expend them without specific appropriation. These moneys shall be carried forward and applied to the pool of moneys available for appropriation for programs and projects in the succeeding fiscal year. As part of its budget request for the succeeding year, the department shall estimate and request authority to spend any funds remaining in reserve as a result of this subsection.
     (4) $125,000 of the general fund -- state appropriation for fiscal year 2004 and $125,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for implementing the industries of the future strategy.
     (5) $200,000 of the general fund -- state appropriation for fiscal year 2004 and $200,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for a contract with the Washington manufacturing services.
     (6) $205,000 of the general fund--state appropriation for fiscal year 2004 and $205,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for grants to Washington Columbia River Gorge counties to implement their responsibilities under the national scenic area management plan. Of this amount, $390,000 is provided for Skamania county and $20,000 is provided for Clark county.
     (7) $50,000 of the general fund -- state appropriation for fiscal year 2004 and $50,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for a contract with international trade alliance of Spokane.
     (8) $5,085,000 of the general fund--state appropriation for fiscal year 2004, $5,085,000 of the general fund--state appropriation for fiscal year 2005, $4,250,000 of the general fund--federal appropriation, and $6,145,000 of the Washington housing trust account are provided solely for providing housing and shelter for homeless people, including but not limited to grants to operate, repair, and staff shelters; grants to operate transitional housing; partial payments for rental assistance; consolidated emergency assistance; overnight youth shelters; and emergency shelter assistance.
     (9) $697,000 of the community economic development account appropriation is provided solely for support of the developmental disabilities endowment governing board and costs of the endowment program. The governing board may use appropriations to implement a sliding-scale fee waiver for families earning below 150 percent of the state median family income.
     (10) $800,000 of the general fund--federal appropriation and $6,000 of the lead paint account--state appropriation are provided solely to implement Engrossed Substitute Senate Bill No. 5586 (lead-based paint). If the bill is not enacted by June 30, 2003, the amounts provided in this subsection shall lapse.
     (11) $300,000 of the general fund--state appropriation for fiscal year 2004 and $300,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the business retention and expansion program to fund contracts with locally based development organizations for local business and job retention activities.
     (12) $200,000 of the general fund--state appropriation for fiscal year 2004 and $200,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the tourism office to market Washington state as a travel destination to northwest states, California, and British Columbia. By December 1, 2004, the department shall report to the relevant legislative policy and fiscal committees on the effectiveness of these expenditures.
     (13) $200,000 of the general fund--state appropriation for fiscal year 2004 and $200,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for business development activities to conduct statewide and/or regional business recruitment and client lead generation services.
     (14) $60,000 of the general fund--state appropriation for fiscal year 2004 and $60,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the community services block grant program for pass-through to community action agencies.
     (15) $26,862,000 of the general fund--state appropriation for fiscal year 2004 and $26,862,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for providing early childhood education assistance.
     (16) Within the amounts appropriated in this section, funding is provided for Washington state dues for the Pacific northwest economic region.
     (17) $200,000 of the general fund--state appropriation for fiscal year 2004 and $200,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the foreign offices (overseas representatives) to expand local capacity for China, expand operations in Shanghai, Beijing and Hong Kong, and in Mexico to assist Washington exporters in expanding their sales opportunities.
     (18) $600,000 of the public safety and education account appropriation is provided solely for sexual assault prevention and treatment programs.
     (19) $65,000 of the general fund -- state appropriation for fiscal year 2004 and $65,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for a contract with a food distribution program for communities in the southwestern portion of the state and for workers impacted by timber and salmon fishing closures and reductions. The department may not charge administrative overhead or expenses to the funds provided in this subsection.
     (20) Repayments of outstanding loans granted under RCW 43.63A.600, the mortgage and rental assistance program, shall be remitted to the department, including any current revolving account balances. The department shall contract with a lender or contract collection agent to act as a collection agent of the state. The lender or contract collection agent shall collect payments on outstanding loans, and deposit them into an interest-bearing account. The funds collected shall be remitted to the department quarterly. Interest earned in the account may be retained by the lender or contract collection agent, and shall be considered a fee for processing payments on behalf of the state. Repayments of loans granted under this chapter shall be made to the lender or contract collection agent as long as the loan is outstanding, notwithstanding the repeal of the chapter.
     (21) Within amounts provided in this section, sufficient funding is provided to implement Engrossed House Bill No. 1090 (trafficking of persons).

NEW SECTION.  Sec. 127   FOR THE ECONOMIC AND REVENUE FORECAST COUNCIL
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $518,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $519,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $1,037,000

NEW SECTION.  Sec. 128   FOR THE OFFICE OF FINANCIAL MANAGEMENT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $12,662,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $12,383,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $23,500,000
Violence Reduction and Drug Enforcement
     Account -- State Appropriation . . . . . . . . . . . . $242,000
State Auditing Services Revolving
     Account -- State Appropriation . . . . . . . . . . . . $25,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $48,812,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $127,000 of the general fund--state appropriation for fiscal year 2004 and $122,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to implement Second Substitute Senate Bill No. 5694 (integrated permit system). If the bill is not enacted by June 30, 2003, the amounts provided in this subsection shall lapse.
     (2) By November 15, 2003, the office of financial management shall report to the house of representatives committees on appropriations, capital budget, and transportation and to the senate committees on ways and means and highways and transportation on the ten general priorities of government upon which the 2005-07 biennial budgets will be structured. Each priority must include a proposed set of cross agency activities with definitions and outcome measures. For historical comparisons, the 2001-03 expenditures and 2003-05 appropriations must be restated in this format and organized by priority, activity, fund source, and agency.

NEW SECTION.  Sec. 129   FOR THE OFFICE OF ADMINISTRATIVE HEARINGS
Administrative Hearings Revolving Account -- State
     Appropriation . . . . . . . . . . . . $24,619,000

NEW SECTION.  Sec. 130   FOR THE DEPARTMENT OF PERSONNEL
Department of Personnel Service Account -- State
     Appropriation . . . . . . . . . . . . $16,247,000
Higher Education Personnel Services Account -- State
     Appropriation . . . . . . . . . . . . $1,612,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $17,859,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The department is authorized to enter into a financing contract for up to $32,095,000, plus necessary financing expenses and required reserves, pursuant to chapter 39.94 RCW. The contract shall be to purchase, develop, and implement a new statewide payroll system and shall be for a term of not more than twelve years. The legislature recognizes the critical nature of the human resource management system and its relationship to successful implementation of civil service reform, collective bargaining, and the ability to permit contracting out of services to the private sector. Projects of this size and complexity have many risks associated with their successful and timely completion, therefore, to help ensure project success, the department of personnel and the office of financial management shall jointly report to the legislature by January 15, 2004, on progress toward implementing the human resource management system. The report shall include a description of mitigation strategies employed to address the risks related to: Business requirements not fully defined at the project outset; short time frame for system implementation; and delays experienced by other states. The report shall assess the probability of meeting the system implementation schedule and recommend contingency strategies as needed. The report shall establish the timelines, the critical path, and the dependencies for realizing each of the benefits articulated in the system feasibility study.
     (2) The department shall coordinate with the governor's office of Indian affairs on providing one-day government to government training sessions for federal, state, local, and tribal government employees. The training sessions must 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.

NEW SECTION.  Sec. 131   FOR THE WASHINGTON STATE LOTTERY
Lottery Administrative Account -- State
     Appropriation . . . . . . . . . . . . $22,743,000

     The appropriation in this section is subject to the following conditions and limitations: Within the funds appropriated in this section, the lottery commission shall provide administrative support to assist a task force to examine possible means to enhance state revenue from gaming as follows:
     (1) The task force shall consist of the following members:
     (a) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
     (b) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;
     (c) The executive director of the Washington state lottery;
     (d) The executive director of the Washington state gambling commission; and
     (e) The governor's designee.
     (2) The task force shall report its findings on possible means to enhance state revenue from gaming to the senate commerce and trade committee, the senate ways and means committee, the house of representatives commerce and labor committee, the house of representatives finance committee, and the house of representatives appropriations committee by January 5, 2004.

NEW SECTION.  Sec. 132   FOR THE COMMISSION ON HISPANIC AFFAIRS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $204,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $204,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $408,000

NEW SECTION.  Sec. 133   FOR THE COMMISSION ON AFRICAN-AMERICAN AFFAIRS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $198,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $199,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $397,000

NEW SECTION.  Sec. 134   FOR THE PERSONNEL APPEALS BOARD
Department of Personnel Service Account -- State
     Appropriation . . . . . . . . . . . . $1,725,000

NEW SECTION.  Sec. 135   FOR THE DEPARTMENT OF RETIREMENT SYSTEMS -- OPERATIONS
Dependent Care Administrative Account -- State
     Appropriation . . . . . . . . . . . . $384,000
Department of Retirement Systems Expense Account --
     State Appropriation . . . . . . . . . . . . $44,485,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $44,869,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $31,000 of the retirement systems expense account appropriation is provided solely to implement House Bill No. 1519, chapter 155, Laws of 2003 (unreduced duty death survivor benefits).
     (2) $1,678,000 of the retirement systems expense account appropriation is provided solely to implement House Bill No. 2197, chapter 92, Laws of 2003 (law enforcement officers' and fire fighters' plan 2 board implementation).
     (3) $2,083,000 of the retirement systems expense account appropriation is provided solely for the support of the information systems project known as the electronic document image management system.
     (4) $124,000 of the department of retirement systems expense account--state appropriation is provided solely to implement Senate Bill No. 5094, chapter 157, Laws of 2003 (substitute employees' retirement credit).
     (5) $77,000 of the department of retirement systems expense account--state appropriation is provided solely to implement Senate Bill No. 5100, chapter 32, Laws of 2003 (fallen hero survivor benefits).
     (6) $21,000 of the department of retirement systems expense account--state appropriation is provided solely to implement House Bill No. 1206, chapter 156, Laws of 2003 (plan 3 contributions).
     (7) $30,000 of the department of retirement systems expense account--state appropriation is provided solely to implement House Bill No. 1207, chapter 402, Laws of 2003 (employee death benefits).
     (8) $324,000 of the department of retirement systems expense account--state appropriation is provided solely to implement Substitute House Bill No. 1829, chapter 412, Laws of 2003 (retire-rehire reform).
     (9) $125,000 of the department of retirement systems expense account--state appropriation is provided solely to implement Substitute House Bill No. 1202, chapter 293, Laws of 2003 (emergency medical technicians' retirement).

NEW SECTION.  Sec. 136   FOR THE STATE INVESTMENT BOARD
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $100,000
State Investment Board Expense Account -- State
     Appropriation . . . . . . . . . . . . $13,262,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $13,362,000

     The appropriations in this section are subject to the following conditions and limitations: $100,000 of the general fund--state appropriation for fiscal year 2004 is provided solely for a contract with a real estate investment consultant to prepare options and recommended investment strategies for surplus property at the five state residential habilitation centers, where the proceeds will be deposited into an account to fund services for developmentally disabled clients. In developing the recommended strategies for the Fircrest school property, the contractor shall identify an investment strategy that will produce a long-term investment return on the property, without sale of the land. The report shall be submitted to the appropriate committees of the legislature by December 1, 2003.

NEW SECTION.  Sec. 137   FOR THE DEPARTMENT OF REVENUE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $82,644,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $81,916,000
Timber Tax Distribution Account -- State
     Appropriation . . . . . . . . . . . . $5,191,000
Waste Education/Recycling/Litter Control -- State
     Appropriation . . . . . . . . . . . . $101,000
State Toxics Control Account -- State
     Appropriation . . . . . . . . . . . . $67,000
Oil Spill Administration Account -- State
     Appropriation . . . . . . . . . . . . $14,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $169,933,000

NEW SECTION.  Sec. 138   FOR THE BOARD OF TAX APPEALS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,141,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $988,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $2,129,000

NEW SECTION.  Sec. 139   FOR THE MUNICIPAL RESEARCH COUNCIL
City and Town Research Services Account --
     State Appropriation . . . . . . . . . . . . $3,852,000
County Research Services Account -- State
     Appropriation . . . . . . . . . . . . $769,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $4,621,000

NEW SECTION.  Sec. 140   FOR THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
OMWBE Enterprises Account -- State
     Appropriation . . . . . . . . . . . . $1,990,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) The office's revolving fund charges to state agencies may not exceed $1,282,000.
     (2) During the 2003-05 biennium, the office may receive gifts, grants, or endowments from public or private sources that are made from time to time, in trust or otherwise, for the use and benefit of the purposes of the office and spend gifts, grants, or endowments or income from the public or private sources according to their terms, unless the receipt of the gifts, grants, or endowments violates RCW 42.17.710.
     (3) During fiscal year 2004, the office may raise fees in excess of the fiscal growth factor.

     *NEW SECTION.  Sec. 141   FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $193,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $275,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $3,215,000
General Administration Services Account -- State
     Appropriation . . . . . . . . . . . . $38,086,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $41,769,000

     The appropriations in this section are subject to the following conditions and limitations: Beginning on the effective date of this act, the department of general administration shall not purchase or lease any additional automobiles for the state motor pool unless the director of general administration determines that the purchase or lease is necessary for the safety of state personnel.
     *Sec. 141 was partially vetoed. See message at end of chapter.

NEW SECTION.  Sec. 142   FOR THE DEPARTMENT OF INFORMATION SERVICES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,000,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $1,000,000
Data Processing Revolving Account -- State Appropriation . . . . . . . . . . . . $3,569,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $5,569,000

     The appropriations in this section are subject to the following conditions and limitations: $1,000,000 of the general fund--state appropriation for fiscal year 2004 and $1,000,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the digital learning commons to create a demonstration project, in collaboration with schools, which will provide a web-based portal where students, parents, and teachers from around the state will have access to digital curriculum resources, learning tools, and online classes. The intent is to establish a clearinghouse of high quality online courses and curriculum materials that are aligned with the state's essential learning requirements. The clearinghouse shall be designed for ease of use and shall pool the purchasing power of the state so that these resources and courses are affordable and accessible to schools, teachers, students, and parents. These appropriations are subject to the following conditions and limitations:
     (1) The funding provided in this section shall be expended primarily for acquiring online courses and curriculum materials that are aligned with the state "essential learning requirements" and that meet standards of quality. No more than ten percent of the funds provided in this subsection shall be used for administrative expenses of the digital learning commons.
     (2) To the maximum extent possible, funds shall be used on demonstration projects that utilize online course materials and curricula that are already available. The commons may also consider utilizing existing products in establishing the entire digital learning commons.
     (3) By September 1, 2003, the digital learning commons shall begin offering access to and reimbursement for online courses and services.
     (4) In consultation with the department of information services, the office of financial management shall monitor compliance with these conditions and limitations. By February 1, 2004, the digital learning commons shall submit a report to the governor and the appropriate legislative committees detailing the types of courses and services offered and the number of students served through the digital learning commons.

NEW SECTION.  Sec. 143   FOR THE INSURANCE COMMISSIONER
General Fund -- Federal Appropriation . . . . . . . . . . . . $631,000
Insurance Commissioners Regulatory Account -- State
     Appropriation . . . . . . . . . . . . $32,307,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $32,938,000

NEW SECTION.  Sec. 144   FOR THE BOARD OF ACCOUNTANCY
Certified Public Accountants' Account -- State
     Appropriation . . . . . . . . . . . . $1,985,000

     The appropriation in this section is subject to the following conditions and limitations: $351,000 of the certified public accountants' account appropriation is provided solely for the implementation of Substitute House Bill No. 1211 (public accountancy act). The board may increase fees during the 2003-05 fiscal biennium in excess of the fiscal growth factor as provided in RCW 43.135.055, if the increases are necessary to fully fund the cost of administering the bill.

NEW SECTION.  Sec. 145   FOR THE FORENSIC INVESTIGATION COUNCIL
Death Investigations Account -- State
     Appropriation . . . . . . . . . . . . $274,000

     The appropriation in this section is subject to the following conditions and limitations: $250,000 of the death investigation 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. 146   FOR THE HORSE RACING COMMISSION
Horse Racing Commission Account -- State
     Appropriation . . . . . . . . . . . . $4,609,000

NEW SECTION.  Sec. 147   FOR THE LIQUOR CONTROL BOARD
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,454,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $1,455,000
Liquor Control Board Construction and Maintenance
     Account -- State Appropriation . . . . . . . . . . . . $5,717,000
Liquor Revolving Account -- State
     Appropriation . . . . . . . . . . . . $133,842,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $142,468,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $2,000,000 of the liquor revolving account appropriation is provided solely for the costs associated with the completion of the merchandising business system. Actual expenditures are limited to the balance of funds remaining from the $4,803,000 appropriation provided for the merchandise business system in the 2001-03 budget.
     (2) $1,309,000 of the liquor revolving account appropriation is provided solely for the costs associated with purchasing merchandise business system software and hardware-related items, and hiring system-related staff.
     (3) As required under RCW 66.16.010, the liquor control board shall add an equivalent surcharge of $0.42 per liter on all retail sales of spirits, excluding licensee, military and tribal sales, effective no later than September 1, 2003. The intent of this surcharge is to raise $14,000,000 in additional revenue for the 2003-05 biennium. To the extent that a lesser surcharge is sufficient to raise $14,000,000, the board may reduce the amount of the surcharge. The board shall remove the surcharge once it generates $14,000,000, but no later than June 30, 2005.

     *NEW SECTION.  Sec. 148   FOR THE UTILITIES AND TRANSPORTATION COMMISSION
Public Service Revolving Account -- State     
     Appropriation . . . . . . . . . . . . $25,872,000
Pipeline Safety Account -- State
     Appropriation . . . . . . . . . . . . $2,768,000
Pipeline Safety Account -- Federal
     Appropriation . . . . . . . . . . . . $1,041,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $29,681,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The commission shall report back to the appropriate policy committees of the legislature by July 1st of 2003 and 2004 a list of authorized out-of-state travel for the preceding calendar year.
     (2) Consistent with the purposes of RCW 80.01.080, the commission may accept reimbursement for travel by its employees to participate in multistate regulatory matters.
     (3) $135,000 of the public services revolving account appropriation and $15,000 of the pipeline safety account--state appropriation are provided solely for the implementation of the commission's financial systems project. If final approval for the project is not granted by the office of financial management, the amounts provided in this subsection shall lapse.
     (4) $200,000 of the public services revolving account appropriation is provided solely for an interagency transfer to the joint legislative audit and review committee for the implementation of Substitute House Bill No. 1013 (UTC performance audit). If the bill is not enacted by June 30, 2003, the amount provided in this subsection shall lapse.
     *Sec. 148 was partially vetoed. See message at end of chapter.

NEW SECTION.  Sec. 149   FOR THE BOARD FOR VOLUNTEER FIREFIGHTERS
Volunteer Firefighters' Relief and Pension
Administrative Account -- State
     Appropriation . . . . . . . . . . . . $733,000

NEW SECTION.  Sec. 150   FOR THE MILITARY DEPARTMENT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $8,486,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $8,223,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $72,094,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $371,000
Enhanced 911 Account -- State Appropriation . . . . . . . . . . . . $33,955,000
Disaster Response Account -- State Appropriation . . . . . . . . . . . . $190,000
Worker and Community Right to Know Fund -- State
     Appropriation . . . . . . . . . . . . $290,000
Nisqually Earthquake Account -- State
     Appropriation . . . . . . . . . . . . $13,128,000
Nisqually Earthquake Account -- Federal
     Appropriation . . . . . . . . . . . . $48,725,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $185,462,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $190,000 of the disaster response account--state appropriation is provided solely to develop and implement a disaster grant management system. The military department shall also submit a report quarterly to the office of financial management and the legislative fiscal committees detailing information on the disaster response account, including: (a) The amount and type of deposits into the account; (b) the current available fund balance as of the reporting date; and (c) the projected fund balance at the end of the 2003-05 biennium based on current revenue and expenditure patterns.
     (2) $10,128,000 of the Nisqually earthquake account--state appropriation and $48,725,000 of the Nisqually earthquake account--federal appropriation are provided solely for response and recovery costs associated with the February 28, 2001, earthquake. The military department shall submit a report quarterly to the office of financial management and the legislative fiscal committees detailing earthquake recovery costs, including: (a) Estimates of total costs; (b) incremental changes from the previous estimate; (c) actual expenditures; (d) estimates of total remaining costs to be paid; and (e) estimates of future payments by biennium. This information shall be displayed by fund, by type of assistance, and by amount paid on behalf of state agencies or local organizations. The military department shall also submit a report quarterly to the office of financial management and the legislative fiscal committees detailing information on the Nisqually earthquake 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 2003-05 biennium based on current revenue and expenditure patterns.
     (3) $3,000,000 of the Nisqually earthquake account--state appropriation is provided solely to cover other response and recovery costs associated with the Nisqually earthquake that are not eligible for federal emergency management agency reimbursement. Prior to expending funds provided in this subsection, the military department shall obtain prior approval of the director of financial management. Prior to approving any single project of over $1,000,000, the office of financial management shall notify the fiscal committees of the legislature. The military department is to submit a quarterly report detailing the costs authorized under this subsection to the office of financial management and the legislative fiscal committees.
     (4) $200,000 of the general fund--state appropriation for fiscal year 2004 and $43,555,000 of the general fund--federal appropriation are provided solely for homeland security, to be distributed as follows:
     (a) $9,469,000 of the general fund--federal appropriation to units of local government for homeland security purposes. Any communications equipment purchased shall be consistent with standards set by the Washington state interoperability executive committee;
     (b) $200,000 of the general fund--state appropriation for fiscal year 2004 and $200,000 of the general fund--federal appropriation to the department to conduct the terrorism consequence management program;
     (c) $100,000 of the general fund--federal appropriation to the department to conduct a critical infrastructure assessment;
     (d) $500,000 of the general fund--federal appropriation to the office of financial management for the citizen corps and the community emergency response teams;
     (e) $1,384,000 of the general fund--federal appropriation to the department to provide homeland security exercise and training opportunities to state and local governments, and to develop, monitor, coordinate, and manage statewide homeland security programs, including required grant administration, monitoring, and reporting;
     (f) $29,917,000 of the general fund--federal appropriation for other anticipated homeland security needs. This amount shall not be allotted until a spending plan is approved by the governor's domestic security advisory group and the office of financial management;
     (g) The remaining general fund--federal appropriation may be expended according to federal requirements;
     (h) Federal moneys shall be carried forward and applied to the pool of moneys available for appropriation for programs and projects in the succeeding fiscal year. Funding is contingent upon receipt of federal awards. As part of its budget request in each year, the department shall estimate and request authority to spend any federal funds remaining available as a result of this subsection;
     (i) The department shall submit a quarterly 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 Washington state; incremental changes from the previous estimate, planned and actual homeland security expenditures by the state and local governments with this federal funding; and matching or accompanying state or local expenditures.

NEW SECTION.  Sec. 151   FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $2,362,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $2,436,000
Department of Personnel Service Account -- State
     Appropriation . . . . . . . . . . . . $2,542,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $7,340,000

     The appropriations in this section are subject to the following conditions and limitations: $40,000 of the general fund--state appropriation for fiscal year 2005 is provided solely for the implementation of Second Substitute Senate Bill No. 5012 (charter schools). If the bill is not enacted by June 30, 2003, the amount provided in this subsection shall lapse.

NEW SECTION.  Sec. 152   FOR THE GROWTH PLANNING HEARINGS BOARD
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,536,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $1,467,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $3,003,000

NEW SECTION.  Sec. 153   FOR THE STATE CONVENTION AND TRADE CENTER
State Convention and Trade Center Operating
     Account -- State Appropriation . . . . . . . . . . . . $40,715,000
State Convention and Trade Center Account -- State
     Appropriation . . . . . . . . . . . . $31,037,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $71,752,000

(End of part)


PART II
HUMAN SERVICES

NEW SECTION.  Sec. 201   FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES. (1) Appropriations made in this act to the department of social and health services shall initially be allotted as required by this act. Subsequent allotment modifications shall not include transfers of moneys between sections of this act except as expressly provided in this act, nor shall allotment modifications permit moneys that are provided solely for a specified purpose to be used for other than that purpose.
     (2) The department of social and health services shall not initiate any services that require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation providing appropriation authority, and an equal amount of appropriated state general fund moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
     (3) The appropriations 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.
     (4) 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 209 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 during the 2003-05 biennium. The amount of funding assigned to the pilot projects 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 in the pilot, times the number of clients enrolled in the pilot. In implementing the WMIP pilot projects, 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 individuals enrolled in the pilots; 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.

NEW SECTION.  Sec. 202   FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- CHILDREN AND FAMILY SERVICES PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $231,566,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $232,468,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $416,043,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $400,000
Public Safety and Education Account --
     State Appropriation . . . . . . . . . . . . $23,920,000
Violence Reduction and Drug Enforcement Account --
     State Appropriation . . . . . . . . . . . . $5,640,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $910,037,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $2,271,000 of the fiscal year 2004 general fund--state appropriation, $2,271,000 of the fiscal year 2005 general fund--state appropriation, and $1,584,000 of the general fund--federal appropriation are provided solely for the category of services titled "intensive family preservation services."
     (2) $701,000 of the general fund--state fiscal year 2004 appropriation and $701,000 of the general fund--state fiscal year 2005 appropriation are provided to contract for the operation of one pediatric interim care facility. The facility shall provide residential care for up to thirteen children through two years of age. Seventy-five percent of the children served by the facility must be in need of special care as a result of substance abuse by their mothers. The facility shall also provide on-site training to biological, adoptive, or foster parents. The facility shall provide at least three months of consultation and support to parents accepting placement of children from the facility. The facility may recruit new and current foster and adoptive parents for infants served by the facility. The department shall not require case management as a condition of the contract.
     (3) $375,000 of the general fund--state fiscal year 2004 appropriation, $375,000 of the general fund--state fiscal year 2005 appropriation, and $322,000 of the general fund--federal appropriation are provided for up to three nonfacility-based programs for the training, consultation, support, and recruitment of biological, foster, and adoptive parents of children through age three in need of special care as a result of substance abuse by their mothers, except that each program may serve up to three medically fragile nonsubstance-abuse-affected children. In selecting nonfacility-based programs, preference shall be given to programs whose federal or private funding sources have expired or that have successfully performed under the existing pediatric interim care program.
     (4) The providers for the 31 HOPE beds shall be paid a $1,000 base payment per bed per month, and reimbursed for the remainder of the bed cost only when the beds are occupied.
     (5) $125,000 of the general fund--state appropriation for fiscal year 2004 and $125,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for a foster parent retention program. This program is directed at foster parents caring for children who act out sexually.
     (6) Within funding 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. The department shall adjust adoption support benefits to account for the availability of the new federal adoption support tax credit for special needs children.
     (7) $50,000 of the fiscal year 2004 general fund--state appropriation and $50,000 of the fiscal year 2005 general fund--state appropriation are provided solely for a street youth program in Spokane.

     *NEW SECTION.  Sec. 203   FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- JUVENILE REHABILITATION PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $74,095,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $72,697,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $12,062,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,098,000
Juvenile Accountability Incentive
     Account -- Federal     Appropriation . . . . . . . . . . . . $9,139,000
Violence Reduction and Drug Enforcement Account --
     State Appropriation . . . . . . . . . . . . $37,338,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $206,429,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $695,000 of the violence reduction and drug enforcement account appropriation is provided solely for deposit in the county criminal justice assistance account for costs to the criminal justice system associated with the implementation of chapter 338, Laws of 1997 (juvenile code revisions). The amounts provided in this subsection are intended to provide funding for county adult court costs associated with the implementation of chapter 338, Laws of 1997 and shall be distributed in accordance with RCW 82.14.310.
     (2) $6,065,000 of the violence reduction and drug enforcement account appropriation is provided solely for the implementation of chapter 338, Laws of 1997 (juvenile code revisions). The amounts provided in this subsection are intended to provide funding for county impacts associated with the implementation of chapter 338, Laws of 1997 and shall be distributed to counties as prescribed in the current consolidated juvenile services (CJS) formula.
     (3) $1,204,000 of the general fund -- state appropriation for fiscal year 2004, $1,204,000 of the general fund -- state appropriation for fiscal year 2005, and $5,262,000 of the violence reduction and drug enforcement account appropriation are provided solely to implement community juvenile accountability grants pursuant to chapter 338, Laws of 1997 (juvenile code revisions). Funds provided in this subsection may be used solely for community juvenile accountability grants, administration of the grants, and evaluations of programs funded by the grants.
     (4) $2,544,000 of the violence reduction and drug enforcement account appropriation is provided solely to implement alcohol and substance abuse treatment programs for locally committed offenders. The juvenile rehabilitation administration shall award these moneys on a competitive basis to counties that submitted a plan for the provision of services approved by the division of alcohol and substance abuse. The juvenile rehabilitation administration shall develop criteria for evaluation of plans submitted and a timeline for awarding funding and shall assist counties in creating and submitting plans for evaluation.
     (5) $100,000 of the general fund -- state appropriation for fiscal year 2004 and $100,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for a contract for expanded services of the teamchild project.
     (6) $16,000 of the general fund -- state appropriation for fiscal year 2004 and $16,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the implementation of chapter 167, Laws of 1999 (firearms on school property). The amounts provided in this subsection are intended to provide funding for county impacts associated with the implementation of chapter 167, Laws of 1999, and shall be distributed to counties as prescribed in the current consolidated juvenile services (CJS) formula.
     (7) $1,478,000 of the juvenile accountability incentive account -- federal appropriation is provided solely for the continued implementation of a pilot program to provide for postrelease planning and treatment of juvenile offenders with co-occurring disorders.
     (8) $16,000 of the violence reduction and drug enforcement account appropriation is provided solely for the evaluation of the juvenile offender co-occurring disorder pilot program implemented pursuant to subsection (7) of this section.
     (9) $900,000 of the general fund -- state appropriation for fiscal year 2004 and $900,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the continued implementation of the juvenile violence prevention grant program established in section 204, chapter 309, Laws of 1999.
     (10) The juvenile rehabilitation administration, in consultation with the juvenile court administrators, may agree on a formula to allow the transfer of funds among amounts appropriated for consolidated juvenile services, community juvenile accountability act grants, the chemically dependent disposition alternative, and the special sex offender disposition alternative. The juvenile rehabilitation administration shall electronically report to the legislature on the formula used and the transferred funding amounts, on a semi-annual basis, by county.
     (11) For the purposes of a pilot project recommended by the family policy council, the juvenile rehabilitation administration shall provide a block grant, rather than categorical funding, for consolidated juvenile services, community juvenile accountability act grants, the chemically dependent disposition alternative, and the special sex offender disposition alternative to the Pierce county juvenile court. To evaluate the effect of decategorizing funding for youth services, the juvenile court shall do the following:
     (a) Develop intermediate client outcomes according to the risk assessment tool (RAT) currently used by juvenile courts and in coordination with the juvenile rehabilitation administration and the family policy council;
     (b) Track the number of youth participating in each type of service, intermediate outcomes, and the incidence of recidivism within twenty-four months of completion of services;
     (c) Track similar data as in (b) of this subsection with an appropriate control group, selected in coordination with the juvenile rehabilitation administration and the family policy council;
     (d) Document the process for managing block grant funds on a quarterly basis, and provide this report to the juvenile rehabilitation administration and the family policy council; and
     (e) Provide an initial process evaluation to the juvenile rehabilitation administration and the family policy council by January 30, 2004, and an intermediate evaluation by December 31, 2004. The court shall develop this evaluation in consultation with the juvenile rehabilitation administration, the family policy council, and the Washington state institute for public policy.
     (12) The juvenile rehabilitation administration shall allot and expend funds provided in this section by the category and budget unit structure submitted to the legislative evaluation and accountability program committee.
     (13) $308,000 of the general fund--state appropriation for fiscal year 2004 and $875,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to reimburse counties for local juvenile disposition alternatives implemented pursuant to Senate Bill No. 5903 (juvenile offender sentencing). The juvenile rehabilitation administration, in consultation with the juvenile court administrators, shall develop an equitable distribution formula for the funding provided in this subsection. The juvenile rehabilitation administration may adjust this funding level in the event that utilization rates of the disposition alternatives are lower than the level anticipated by the total appropriations to the juvenile rehabilitation administration in this section. If the bill is not enacted by June 30, 2003, the amounts provided in this subsection shall lapse.
     (14) $1,416,000 of the general fund--state appropriation for fiscal year 2004 and $1,417,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for additional research-based services to the juvenile parole population, including quality control efforts to ensure appropriate implementation of research-based services. The juvenile rehabilitation administration shall consult with the Washington state institute for public policy in deciding which interventions to provide to the parole population and appropriate levels of quality control. Of the total general fund--state appropriation for fiscal year 2004, up to $55,000 may be used for additional suicide precaution training for staff.
     *Sec. 203 was partially vetoed. See message at end of chapter.

     *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 2004) . . . . . . . . . . . . $209,818,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $211,317,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $384,801,000
General Fund -- Local Appropriation . . . . . . . . . . . . $1,970,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $807,906,000

     The appropriations in this subsection are subject to the following conditions and limitations:
     (a) Regional support networks shall use portions of the general fund -- state appropriation for implementation of working agreements with the vocational rehabilitation program that will maximize the use of federal funding for vocational programs.
     (b) From the general fund -- state appropriations in this subsection, the secretary of social and health services shall assure that regional support networks reimburse the aging and 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.
     (c) $4,222,000 of the general fund -- state appropriation for fiscal year 2004, $4,222,000 of the general fund -- state appropriation for fiscal year 2005, and $8,444,000 of the general fund -- federal appropriation are provided solely for the continued operation of community residential and support services for persons whose treatment needs constitute substantial barriers to community placement and who no longer require active psychiatric treatment at an inpatient hospital level of care, no longer meet the criteria for inpatient involuntary commitment, and have been discharged from a state psychiatric hospital. Primary responsibility and accountability for provision of appropriate community support for persons placed with these funds shall reside with the mental health program and the regional support networks, with partnership and active support from the alcohol and substance abuse division and from the aging and disability services administration. The department shall continue performance-based incentive contracts to provide appropriate community support services for individuals leaving the state hospitals under this subsection. The department shall first seek to contract with regional support networks before offering a contract to any other party. The funds appropriated in this subsection shall not be considered "available resources" as defined in RCW 71.24.025 and are not subject to the standard allocation formula applied in accordance with RCW 71.24.035(13)(a).
     (d) At least $902,000 of the federal block grant funding appropriated in this subsection shall be used for the continued operation of the mentally ill offender pilot program.
     (e) The department is authorized to implement a new formula for allocating available resources among the regional support networks. The distribution formula shall use the number of persons eligible for the state medical programs funded under chapter 74.09 RCW as the measure of the requirement for the number of acutely mentally ill, chronically mentally ill, severely emotionally disturbed children, and seriously disturbed in accordance with RCW 71.24.035(13)(a). The new formula shall be phased in over a period of no less than six years. Furthermore, the department shall increase the medicaid capitation rates which a regional support network would otherwise receive under the formula by an amount sufficient to maximize available federal funding, provided that the nonfederal share of the higher medicaid payment rate is provided by the regional support network from local funds. The department shall first provide the higher payment to those RSNs whose allocations under the funding formula would otherwise increase the least from the previous year's level in fiscal year 2004 and fiscal year 2005.
     (f) Within funds appropriated in this subsection, the department shall contract with the Clark county regional support network for development and operation of a project demonstrating collaborative methods for providing intensive mental health services in the school setting for severely emotionally disturbed children who are medicaid eligible. Project services are to be delivered by teachers and teaching assistants who qualify as, or who are under the supervision of, mental health professionals meeting the requirements of chapter 275-57 WAC. The department shall increase medicaid payments to the regional support network by the amount necessary to cover the necessary and allowable costs of the demonstration, not to exceed the upper payment limit specified for the regional support network in the department's medicaid waiver agreement with the federal government after meeting all other medicaid spending requirements assumed in this subsection. The regional support network shall provide the department with (i) periodic reports on project service levels, methods, and outcomes; and (ii) an intergovernmental transfer equal to the state share of the increased medicaid payment provided for operation of this project.
     (g) The department shall assure that each regional support network increases spending on direct client services in fiscal years 2004 and 2005 by at least the same percentage as the total state, federal, and local funds allocated to the regional support network in those years exceed the amounts allocated to it in fiscal year 2003.
     (h) The department shall reduce state funding otherwise payable to a regional support network in fiscal year 2005 by the amount by which the regional support network's total administrative expenditures as of December 31, 2002, exceed 10 percent of total funding.

     (2) INSTITUTIONAL SERVICES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $94,196,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $92,964,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $134,755,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $26,342,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $348,257,000

     The appropriations in this subsection are subject to the following conditions and limitations:
     (a) The state mental hospitals may use funds appropriated in this subsection to purchase goods and supplies through hospital group purchasing organizations when it is cost-effective to do so.
     (b) The mental health program at Western state hospital shall continue to use labor provided by the Tacoma prerelease program of the department of corrections.

     (3) CIVIL COMMITMENT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $28,695,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $32,081,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $60,776,000

     The appropriations in this subsection are subject to the following conditions and limitations:
     (a) $1,381,000 of the general fund -- state appropriation for fiscal year 2004 and $2,090,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for operational costs associated with a less restrictive step-down placement facility on McNeil Island.
     (b) $300,000 of the general fund--state appropriation for fiscal year 2004 and $300,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for mitigation funding for jurisdictions affected by the placement of less restrictive alternative facilities for persons conditionally released from the special commitment center facility being constructed on McNeil Island. Of this amount, $45,000 per year shall be provided to the city of Lakewood on September 1, 2003, and September 1, 2004, for police protection reimbursement at Western State Hospital and adjacent areas; up to $45,000 per year shall be provided on September 1, 2003, and September 1, 2004, for training police personnel under chapter 12, Laws of 2001, 2nd sp. sess. (3ESSB 6151); up to $125,000 per year shall be provided to Pierce county on September 1, 2003, and September 1, 2004, for reimbursement of additional costs; and the remaining amounts are for other documented costs by jurisdictions directly impacted by the placement of the secure community transition facility on McNeil Island. Pursuant to chapter 12, Laws of 2001, 2nd sp. sess. (3ESSB 6151), the department shall continue to work with local jurisdictions towards reaching agreement for mitigation costs.
     (c) $924,000 of the general fund--state appropriation for fiscal year 2004 and $1,429,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for operational costs associated with a less restrictive step-down placement facility located outside of Pierce county. In selecting a site, the department is encouraged to purchase or lease a site in an industrial area close to employment opportunities and treatment services, in an effort to reduce operating expenditures related to transportation and staff time.

     (4) SPECIAL PROJECTS
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,082,000

     (5) PROGRAM SUPPORT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $2,863,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $2,751,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $5,011,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $10,625,000

     The appropriations in this subsection are subject to the following conditions and limitations:
     (a) $113,000 of the general fund -- state appropriation for fiscal year 2004, $125,000 of the general fund -- state appropriation for fiscal year 2005, and $164,000 of the general fund -- federal appropriation are provided solely for the institute for public policy to evaluate the impacts of chapter 214, Laws of 1999 (mentally ill offenders), chapter 297, Laws of 1998 (commitment of mentally ill persons), and chapter 334, Laws of 2001 (mental health performance audit).
     (b) $50,000 of the general fund -- state appropriation for fiscal year 2004 and $50,000 of the general fund -- federal appropriation are provided solely for a study of the prevalence of mental illness among the state's regional support networks. The study shall examine how reasonable estimates of the prevalence of mental illness relate to the incidence of persons enrolled in medical assistance programs in each regional support network area. In conducting this study, the department shall consult with the joint legislative audit and review committee, regional support networks, community mental health providers, and mental health consumer representatives. The department shall submit a final report on its findings to the fiscal, health care, and human services committees of the legislature by November 1, 2003.
     *Sec. 204 was partially vetoed. See message at end of chapter.

     *NEW SECTION.  Sec. 205   FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- DEVELOPMENTAL DISABILITIES PROGRAM
     (1) COMMUNITY SERVICES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $262,458,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $268,826,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $439,489,000
Health Services Account -- State
     Appropriation . . . . . . . . . . . . $1,038,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $971,811,000

     The appropriations in this subsection are subject to the following conditions and limitations:
     (a) Any new funding for family support and high school transition along with a portion of existing funding for these programs shall be provided as supplemental security income (SSI) state supplemental payments for persons with developmental disabilities in families with taxable incomes at or below 150 percent of median family income. Individuals receiving family support or high school transition payments shall not become eligible for medical assistance under RCW 74.09.510 due solely to the receipt of SSI state supplemental payments.
     (b) The health services account appropriation and $1,038,000 of the general fund -- federal appropriation are provided solely for health care benefits for home care workers with family incomes below 200 percent of the federal poverty level who are employed through state contracts for twenty hours per week or more. Premium payments for individual provider home care workers shall be made only to the subsidized basic health plan. Home care agencies may obtain coverage either through the basic health plan or through an alternative plan with substantially equivalent benefits.
     (c) $510,000 of the general fund -- state appropriation for fiscal year 2004, $784,000 of the general fund -- state appropriation for fiscal year 2005, and $1,225,000 of the general fund -- federal appropriation are provided solely for community residential and support services. Funding in this subsection shall be prioritized for (i) residents of residential habilitation centers who are able to be adequately cared for in community settings and who choose to live in those community settings; and (ii) clients without residential services who are at immediate risk of institutionalization or in crisis. The department shall ensure that the average cost per day for all program services other than start-up costs shall not exceed $300. The department shall electronically report to the appropriate committees of the legislature, within 45 days following each fiscal year quarter, the number of residents moving into community settings and the actual expenditures for all community services to support those residents.
     (d) $511,000 of the general fund -- state appropriation for fiscal year 2004, $616,000 of the general fund -- state appropriation for fiscal year 2005, and $1,073,000 of the general fund -- federal appropriation are provided solely for expanded community services for persons with developmental disabilities who also have community protection issues or are diverted or discharged from state psychiatric hospitals. The department shall ensure that the cost per day for all program services other than start-up costs shall not exceed $300. The department shall electronically report to the appropriate committees of the legislature, within 45 days following each fiscal year quarter, the number of persons served with these additional community services, where they were residing, what kinds of services they were receiving prior to placement, and the actual expenditures for all community services to support these clients.
     (e) The department may transfer funding provided in this subsection to meet the purposes of subsection (2) of this section to the extent that fewer residents of residential habilitation centers choose to move to community placements than was assumed in this appropriation.
     (f) $3,290,000 of the general fund--state appropriation for fiscal year 2004, $4,773,000 of the general fund--state appropriation for fiscal year 2005, and $7,504,000 of the general fund--federal appropriation are provided solely for the purpose of providing a wage increase effective October 1, 2003, for individual home care workers providing state-funded services. The amounts in this subsection also include the funds needed for the employer share of unemployment and social security taxes on the amount of the increase.
     (g) $355,000 of the general fund--state appropriation for fiscal year 2004, $517,000 of the general fund--state appropriation for fiscal year 2005, and $848,000 of the general fund--federal appropriation are provided solely to increase payments to agency home care providers from $13.44 per hour to $14.27 per hour effective October 1, 2003. The amounts in this subsection shall be used to increase wages for direct care workers by 75 cents per hour. The amounts in this subsection also include the funds needed for the employer share of unemployment and social security taxes on the amount of the increase.
     (h) The department, in consultation with representatives of community residential service providers and clients served in residential settings, shall review current rules and policies regarding residential services to identify rules that are redundant or unnecessary. The department may modify or repeal rules that are identified as redundant or unnecessary. The department shall report electronically on any rule changes to the appropriate committees of the legislature by July 1, 2004.

     (2) INSTITUTIONAL SERVICES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $71,862,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $70,926,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $144,682,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $11,228,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $298,698,000

     The appropriations in this subsection are subject to the following conditions and limitations: The department may transfer funding provided in this subsection to meet the purposes of subsection (1) of this section to the extent that more residents of residential habilitation centers choose to move to community placements than was assumed in this appropriation.

     (3) PROGRAM SUPPORT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $2,245,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $2,245,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,965,000
Telecommunications Devices for the Hearing and
     Speech Impaired Account Appropriation . . . . . . . . . . . . $1,782,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $9,237,000

     (4) SPECIAL PROJECTS
General Fund -- Federal Appropriation . . . . . . . . . . . . $11,993,000
     *Sec. 205 was partially vetoed. See message at end of chapter.

NEW SECTION.  Sec. 206   FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- AGING AND ADULT SERVICES PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $557,645,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $570,669,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,162,511,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $18,644,000
Health Services Account -- State
     Appropriation . . . . . . . . . . . . $4,888,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $2,314,357,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The entire health services account appropriation, $1,476,000 of the general fund -- state appropriation for fiscal year 2004, $1,476,000 of the general fund -- state appropriation for fiscal year 2005, and $7,284,000 of the general fund -- federal appropriation are provided solely for health care benefits for home care workers who are employed through state contracts for at least twenty hours per week. Premium payments for individual provider home care workers shall be made only to the subsidized basic health plan, and only for persons with incomes below 200 percent of the federal poverty level. Home care agencies may obtain coverage either through the basic health plan or through an alternative plan with substantially equivalent benefits.
     (2) $1,768,000 of the general fund -- state appropriation for fiscal year 2004 and $1,768,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for operation of the volunteer chore services program.
     (3) For purposes of implementing chapter 74.46 RCW, the weighted average nursing facility payment rate shall be no more than $144.54 for fiscal year 2004, and no more than $147.43 for fiscal year 2005. For all facilities, the direct care, therapy care, support services, and operations component rates established in accordance with chapter 74.46 RCW shall be adjusted for economic trends and conditions by 3.0 percent effective July 1, 2003.
     (4) In accordance with chapter 74.46 RCW, the department shall issue certificates of capital authorization that result in up to $32 million of increased asset value completed and ready for occupancy in fiscal year 2004; up to $32 million of increased asset value completed and ready for occupancy in fiscal year 2005; and up to $32 million of increased asset value completed and ready for occupancy in fiscal year 2006.
     (5) Adult day health services shall not be considered a duplication of services for persons receiving care in long-term care settings licensed under chapter 18.20, 72.36, or 70.128 RCW.
     (6) In accordance with chapter 74.39 RCW, the department may implement a medicaid waiver program for persons who do not qualify for such services as categorically needy, subject to federal approval and the following conditions and limitations:
     (a) The waiver program shall include coverage of care in community residential facilities. Enrollment in the waiver shall not exceed 600 persons by the end of fiscal year 2004, nor 600 persons by the end of fiscal year 2005.
     (b) The department shall identify the number of medically needy nursing home residents, and enrollment and expenditures on the medically needy waiver, on monthly management reports.
     (c) The department shall track and electronically report to health care and fiscal committees of the legislature by November 15, 2004, on the types of long-term care support a sample of waiver participants were receiving prior to their enrollment in the waiver, how those services were being paid for, and an assessment of their adequacy.
     (7) $118,000 of the general fund--state appropriation for fiscal year 2004, $118,000 of the general fund--state appropriation for fiscal year 2005, and $236,000 of the general fund--federal appropriation are provided solely for the department to assess at least annually each elderly resident residing in residential habilitation centers and state-operated living alternatives to determine if the resident can be more appropriately served in a less restrictive setting.
     (a) The department shall consider the proximity to the resident of the family, friends, and advocates concerned with the resident's well-being in determining whether the resident should be moved from a residential habilitation center to a different facility or program.
     (b) In assessing an elderly resident under this section and to ensure appropriate placement, the department shall identify the special needs of the resident, the types of services that will best meet those needs, and the type of facility that will best provide those services.
     (c) The appropriate interdisciplinary team shall conduct the evaluation.
     (d) If appropriate, the department shall coordinate with the local mental health authority.
     (e) The department may explore whether an enhanced rate is needed to serve this population.
     (8) Within funds appropriated in this section, the department may assess nursing facility residents with Alzheimer's disease or related dementias to determine whether such residents can be more appropriately served in licensed boarding home facilities that specialize in caring for such conditions. The department may, based upon the assessments and within existing funds, pay dementia pilot project rates on behalf of up to 200 additional persons with Alzheimer's disease or related dementias who move from nursing facilities to specialized boarding homes.
     (9) The department shall establish waiting lists to the extent necessary to assure that annual expenditures on the community options program entry systems (COPES) program do not exceed appropriated levels. In establishing and managing any such waiting list, the department shall assure priority access to persons with the greatest unmet needs, as determined by department assessment processes.
     (10) $7,102,000 of the general fund--state appropriation for fiscal year 2004, $10,065,000 of the general fund--state appropriation for fiscal year 2005, and $17,029,000 of the general fund--federal appropriation are provided solely for the purpose of providing a wage increase effective October 1, 2003, for individual home care workers providing state-funded services. The amounts in this subsection also include the funds needed for the employer share of unemployment and social security taxes on the amount of the increase.
     (11) $2,219,000 of the general fund--state appropriation for fiscal year 2004, $3,192,000 of the general fund--state appropriation for fiscal year 2005, and $5,263,000 of the general fund--federal appropriation are provided solely to increase payments to agency home care providers from $13.44 per hour to $14.27 per hour effective October 1, 2003. The amounts in this subsection shall be used to increase wages for direct care workers by 75 cents per hour. The amounts in this subsection also include the funds needed for the employer share of unemployment and social security taxes on the amount of the increase.

NEW SECTION.  Sec. 207   FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- ECONOMIC SERVICES PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $408,184,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $407,363,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,209,758,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $33,880,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $2,059,185,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $273,652,000 of the general fund--state appropriation for fiscal year 2004, $273,695,000 of the general fund--state appropriation for fiscal year 2005, and $1,000,222,000 of the general fund--federal appropriation are provided solely for all components of the WorkFirst program. Within the amounts provided for the WorkFirst program, the department shall:
     (a) Continue to implement WorkFirst program improvements that are designed to achieve progress against outcome measures specified in RCW 74.08A.410. Valid outcome measures of job retention and wage progression shall be developed and reported quarterly to appropriate fiscal and policy committees of the legislature for families who leave assistance, measured after 12 months, 24 months, and 36 months. The department shall also report the percentage of families who have returned to temporary assistance for needy families after 12 months, 24 months, and 36 months;
     (b) Submit a report by October 1, 2003, to the fiscal committees of the legislature containing a spending plan for the WorkFirst program. The plan shall identify how spending levels in the 2003-2005 biennium will be adjusted to stay within available federal grant levels and the appropriated state-fund levels; and
     (c) Include an urban adjustment factor for child care providers in urban areas of region 1.
     (2) $45,639,000 of the general fund -- state appropriation for fiscal year 2004 and $39,335,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for cash assistance and other services to recipients in the general assistance -- unemployable program. Within these amounts, the department may expend funds for services that assist recipients to reduce their dependence on public assistance, provided that expenditures for these services and cash assistance do not exceed the funds provided.
     (3) $1,436,000 of the general fund--state appropriation for fiscal year 2004 and $1,436,000 of the general fund--state appropriation for fiscal year 2005 are provided for the department to assist in naturalization efforts for legal aliens whose eligibility for federal supplemental security income has expired. The department shall use funding previously spent on general assistance employment supports for these naturalization services.
     (4) $3,940,000 of the general fund--state appropriation for fiscal year 2004 and $3,940,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the food assistance program for legal immigrants. The level of benefits shall be equivalent to the benefits provided by the federal food stamp program.
     (5) $9,142,000 of the general fund--federal appropriation is provided solely for increased reimbursement of county legal-clerk services for child support enforcement. The department shall ensure this increase in cost does not reduce federal incentive payments.
     (6) In reviewing the budget for the division of child support, the legislature has conducted a review of the Washington state child support schedule, chapter 26.19 RCW, and supporting documentation as required by federal law. The legislature concludes that the application of the support schedule continues to result in the correct amount of child support to be awarded. No further changes will be made to the support schedule or the economic table at this time.

NEW SECTION.  Sec. 208   FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- ALCOHOL AND SUBSTANCE ABUSE PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $40,320,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $40,320,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $90,632,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $630,000
Public Safety and Education Account -- State
     Appropriation . . . . . . . . . . . . $7,160,000
Criminal Justice Treatment Account--State
     Appropriation . . . . . . . . . . . . $8,950,000
Violence Reduction and Drug Enforcement Account --
     State Appropriation . . . . . . . . . . . . $44,342,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $232,354,000

     The appropriations in this section are subject to the following conditions and limitations: $966,197 of the general fund--state appropriation for fiscal year 2004 and $966,197 of the general fund--state appropriation for fiscal year 2005 are provided solely for the parent child assistance program. The department shall contract with the University of Washington and community-based providers in Spokane and Yakima for the provision of this program. For all contractors, indirect charges for administering the program shall not exceed ten percent of the total contract amount.

     *NEW SECTION.  Sec. 209   FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- MEDICAL ASSISTANCE PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,184,774,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $1,265,423,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $3,764,258,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $262,736,000
Emergency Medical Services and Trauma Care Systems
     Trust Account -- State Appropriation . . . . . . . . . . . . $23,700,000
Health Services Account -- State Appropriation . . . . . . . . . . . . $756,012,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $7,256,903,000

     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) The department shall continue to extend medicaid eligibility to children through age 18 residing in households with incomes below 200 percent of the federal poverty level.
     (3) In determining financial eligibility for medicaid-funded services, the department is authorized to disregard recoveries by Holocaust survivors of insurance proceeds or other assets, as defined in RCW 48.104.030.
     (4) $999,000 of the health services account appropriation for fiscal year 2004, $1,519,000 of the health services account appropriation for fiscal year 2005, and $2,142,000 of the general fund -- federal appropriation are provided solely for implementation of a "ticket to work" medicaid buy-in program for working persons with disabilities, operated in accordance with the following conditions:
     (a) To be eligible, a working person with a disability must have total income which is less than 450 percent of poverty;
     (b) Participants shall participate in the cost of the program by paying (i) a monthly enrollment fee equal to fifty percent of any unearned income in excess of the medicaid medically needy standard; and (ii) a monthly premium equal to 5 percent of all unearned income, plus 5 percent of all earned income after disregarding the first sixty-five dollars of monthly earnings, and half the remainder;
     (c) The department shall establish more restrictive eligibility standards than specified in this subsection to the extent necessary to operate the program within appropriated funds; and
     (d) The department may require point-of-service copayments as appropriate, except that copayments shall not be so high as to discourage appropriate service utilization, particularly of prescription drugs needed for the treatment of psychiatric conditions.
     (5) Sufficient funds are appropriated in this section for the department to continue podiatry services for medicaid-eligible adults.
     (6) Sufficient funds are appropriated in this section for the department to provide an adult dental benefit equivalent to approximately 75 percent of the dental benefit provided during the 2001-03 biennium. The department shall establish the scope of services to be provided within the available funds in consultation with dental providers and consumer representatives.
     (7) The legislature reaffirms that it is in the state's interest for Harborview medical center to remain an economically viable component of the state's health care system.
     (8) In accordance with RCW 74.46.625, $52,057,000 of the fiscal year 2004 health services account appropriation, $35,016,000 of the fiscal year 2005 health services account appropriation, and $87,074,000 of the general fund -- federal appropriation are provided solely for supplemental payments to nursing homes operated by rural public hospital districts. The payments shall be conditioned upon (a) a contractual commitment by the association of public hospital districts and participating rural public hospital districts to make an intergovernmental transfer to the state treasurer, for deposit into the health services account, equal to at least 94.5 percent of the supplemental payments; (b) a contractual commitment by the association of public hospital districts to return at least 5.5 percent of the supplemental payments to the participating rural hospital districts; and (c) a contractual commitment by the participating districts to not allow expenditures covered by the supplemental payments to be used for medicaid nursing home rate setting. A hospital which does not participate in the supplemental payment intergovernmental transfer budgeted for fiscal year 2003 shall not be eligible to participate in the supplemental payments budgeted in this subsection for fiscal years 2004 and 2005. The participating districts shall retain no more than a total of $9,600,000 for the 2003-05 biennium.
     (9) $14,616,000 of the health services account appropriation for fiscal year 2004, $12,394,000 of the health services account appropriation for fiscal year 2005, and $27,010,000 of the general fund -- federal appropriation are provided solely for additional disproportionate share and medicare upper payment limit payments to public hospital districts and to the state's teaching hospitals. The payments shall be conditioned upon a contractual commitment by the participating public hospitals to make an intergovernmental transfer to the health services account equal to at least 91 percent of the additional payments. The state's teaching hospitals shall retain at least 28 percent of the amounts retained by hospitals under these programs, or the maximum allowable under the teaching hospitals' limits as established under federal rule, whichever is less.
     (10) $3,100,000 of the health services account appropriation, $8,416,000 of the general fund--local appropriation, and $11,516,000 of the general fund--federal appropriation are provided solely for grants to rural hospitals. The department shall distribute the funds under a formula that provides a relatively larger share of the available funding to hospitals that (a) serve a disproportionate share of low-income and medically indigent patients and (b) have relatively smaller net financial margins, to the extent allowed by the federal medicaid program.
     (11) $26,080,000 of the health services account appropriation and $26,080,000 of the general fund--federal appropriation are provided solely for grants to nonrural hospitals. The department shall distribute the funds under a formula that provides a relatively larger share of the available funding to hospitals that (a) serve a disproportionate share of low-income and medically indigent patients and (b) have relatively smaller net financial margins, to the extent allowed by the federal medicaid program.
     (12) The department shall separately track the total amount of any rebates obtained from drug manufacturers that are supplemental to the amounts required by federal law. The department shall report to the fiscal committees of the house of representatives and senate by January 15, 2004, and by January 15, 2005, on supplemental rebates negotiated to date, and their projected value through the end of the current and the next succeeding fiscal year. The report shall include options for using any rebate amounts in excess of those assumed in this budget to increase pharmacy reimbursement rates.
     (13) $156,000 of the general fund--state appropriation for fiscal year 2004 and $1,403,000 of the general fund--federal appropriation are provided solely for a study to assess alternatives for replacing the existing medicaid management information system. The department shall report to the information services board and to the fiscal committees of the legislature by December 1, 2003, on the anticipated costs and benefits of the major alternative approaches.
     (14) The department shall implement a combination of cost containment and utilization strategies sufficient to reduce general fund--state costs for durable medical equipment and supplies in fiscal year 2005 by approximately 5 percent below the level projected for fiscal year 2005 in the February 2003 forecast. In designing strategies, the primary strategy considered shall be selective or direct contracting with durable medical equipment and supplies vendors or manufacturers.
     (15) The department shall, within available resources, design and implement a medical care services care management pilot project for clients receiving general assistance benefits. The pilot project shall be operated in at least two of the counties with the highest concentration of general assistance clients, and may use a full or partial capitation model. In designing the project, the department shall consult with the mental health division and its managed care contractors that include community and migrant health centers in their provider network. The pilot project shall be designed to maximize care coordination, high-risk medical management, and chronic care management to achieve better health outcomes. The pilot project shall begin enrollment on July 1, 2004.
     (16) Within available resources and to the extent possible, the department shall evaluate and pilot a nurse consultant services program to assist fee-for-service clients in accessing medical information, with the goal of reducing administrative burdens on physicians and unnecessary emergency room utilization.
     (17) The department shall include in any pending medicaid reform section 1115 waiver application, or in any existing section 1115 waiver, a request for authorization to provide optional medicaid services that have been eliminated in this act to American Indian and Alaska Native persons as defined in relevant federal law who are eligible for medicaid only to the extent that such services are provided through the American Indian health system and are financed with one hundred percent federal medicaid matching funds.
     (18) The department shall establish managed care rates within available funds, giving specific consideration to each plan's programmatic and financial performance, and ability to assure access in under-served areas.
     (19) The department of social and health services, the office of the superintendent of public instruction, and the department of health should jointly identify opportunities for early intervention and prevention activities that can help prevent disease and reduce oral health issues among children. Disease prevention among infants at the age of one year and among children entering the K-12 education system provides cost-effective ways to avoid higher health care spending later in life.
     (20) The department shall secure a federal waiver, effective no later than September 1, 2003, which will enable it to charge co-premiums for medical and dental coverage of children whose family incomes exceed the federal poverty level.
     (21) For purposes of RCW 74.09.800(2), $9,549,000 of the general fund--state appropriation for fiscal year 2004, $10,779,000 of the general fund--state appropriation for fiscal year 2005, and $37,753,000 of the general fund--federal appropriation are provided solely to provide prenatal care services to low-income women who are not eligible to receive such services under the medical assistance program, Title XIX of the federal social security act. If the department is unable to secure federal matching funds under Title XXI of the social security act, the department shall take all actions necessary to manage the program within these appropriated levels.
     *Sec. 209 was partially vetoed. See message at end of chapter.

NEW SECTION.  Sec. 210   FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- VOCATIONAL REHABILITATION PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $10,180,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $10,202,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $85,803,000
General Fund--Local Appropriation . . . . . . . . . . . . $440,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $106,625,000

NEW SECTION.  Sec. 211   FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- ADMINISTRATION AND SUPPORTING SERVICES PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $35,926,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $25,968,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $45,752,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $810,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $108,456,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $467,000 of the general fund--state appropriation for fiscal year 2004, $769,000 of the general fund--state appropriation for fiscal year 2005, and $1,236,000 of the general fund--federal appropriation are provided solely for transition costs associated with the downsizing effort at Fircrest school. The department shall organize the downsizing effort so as to minimize disruption to clients, employees, and the developmental disabilities program. The employees responsible for the downsizing effort shall report to the assistant secretary of the aging and disability services administration. Within the funds provided in this subsection, the department shall:
     (a) Determine appropriate ways to maximize federal reimbursement during the downsizing process;
     (b) Meet and confer with representatives of affected employees on how to assist employees who need help to relocate to other state jobs or to transition to private sector positions;
     (c) Review opportunities for state employees to continue caring for clients by assisting them in developing privately operated community residential alternatives. In conducting the review, the department will examine efforts in this area pursued by other states as part of institutional downsizing efforts;
     (d) Keep appropriate committees of the legislature apprised, through regular reports and periodic e-mail updates, of the development of and revisions to the work plan regarding this downsizing effort; and
     (e) Provide a preliminary transition plan to the fiscal and policy committees of the legislature by January 1, 2004. The transition plan shall include recommendations on ways to continue to provide some of the licensed professional services offered at Fircrest school to clients being served in community settings.
     (2) $10,000,000 of the general fund--state appropriation for fiscal year 2004 is provided solely for one-time expenditures needed to meet the federally required level for state supplemental payments (SSP). The department shall transfer appropriate portions of this amount to other programs within the agency to accomplish this purpose. The department shall not initiate new services with this funding that will cause total future SSP expenditures to exceed the required annual maintenance-of-effort level.

NEW SECTION.  Sec. 212   FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- PAYMENTS TO OTHER AGENCIES PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $42,011,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $42,011,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $41,994,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $126,016,000

NEW SECTION.  Sec. 213   FOR THE STATE HEALTH CARE AUTHORITY
State Health Care Authority Administrative
     Account -- State Appropriation . . . . . . . . . . . . $17,665,000
Health Services Account -- State Appropriation . . . . . . . . . . . . $415,459,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $3,307,000
Medical Aid Account--State Appropriation . . . . . . . . . . . . $128,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $436,559,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $6,000,000 of the health services account--state appropriation is provided solely to increase the number of persons not eligible for medicaid receiving dental care from nonprofit community clinics, and for interpreter services to support dental and medical services for persons for whom interpreters are not available from any other source.
     (2) In order to maximize the number of enrollees who can be supported within appropriated amounts, the health care authority is directed to make modifications that will reduce the actuarial value of the basic health plan benefit by approximately 18 percent effective January 1, 2004. Modifications may include changes in enrollee premium obligations, enrollee cost-sharing, benefits, and incentives to access preventative services. To the extent that additional actions are needed in order to operate within appropriated funds, new enrollments to the program shall be limited in a manner consistent with the authority's September 6, 2001, administrative policy on basic health plan enrollment management.
     (3) Within funds appropriated in this section and sections 205 and 206 of this act, the health care authority shall continue to provide an enhanced basic health plan subsidy for foster parents licensed under chapter 74.15 RCW and workers in state-funded home care programs. Under this enhanced subsidy option, foster parents and home care workers with family incomes below 200 percent of the federal poverty level shall be allowed to enroll in the basic health plan at the minimum premium amount charged to enrollees with incomes below sixty-five percent of the federal poverty level.
     (4) The health care authority shall require organizations and individuals which are paid to deliver basic health plan services and which choose to sponsor enrollment in the subsidized basic health plan to pay 133 percent of the premium amount which would otherwise be due from the sponsored enrollees.
     (5) The administrator shall take at least the following actions to assure that persons participating in the basic health plan are eligible for the level of assistance they receive: (a) Require submission of income tax returns, and recent pay history, from all applicants; (b) check employment security payroll records at least once every twelve months on all enrollees; (c) require enrollees whose income as indicated by payroll records exceeds that upon which their subsidy is based to document their current income as a condition of continued eligibility; (d) require enrollees for whom employment security payroll records cannot be obtained to document their current income at least once every six months; (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).
     (6) To decrease administrative burdens for providers and plans participating in state purchased health care programs, the administrator, the assistant secretary for the medical assistance administration of the department of social and health services, and the director of the department of labor and industries, in collaboration with health carriers, health care providers, and the office of the insurance commissioner shall, within available resources:
     (a) Improve the timeliness of claims processing and the distribution of medical assistance program fee schedules, and more clearly define the scope of coverage under managed care contracts;
     (b) Improve the capacity for electronic billing and claims submission and provide electronic access to eligibility, benefits, and exclusion information;
     (c) Develop clear audit and data requirements for contracting managed health care plans and improve consistency between claims processing and published fee schedules;
     (d) Conform billing codes with providers and between agencies with national and regional standards wherever possible; and
     (e) Take steps to implement cost-effective measures pursuant to this section by December 2004, and on or before December 1, 2003, provide a progress report to the relevant policy and fiscal committees of the legislature on the feasibility of implementation and any fiscal constraints or regulatory or statutory barriers.

NEW SECTION.  Sec. 214   FOR THE HUMAN RIGHTS COMMISSION
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $2,368,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $2,407,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,509,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $100,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $6,384,000

NEW SECTION.  Sec. 215   FOR THE BOARD OF INDUSTRIAL INSURANCE APPEALS
Worker and Community Right-to-Know Account -- State
     Appropriation . . . . . . . . . . . . $20,000
Accident Account -- State Appropriation . . . . . . . . . . . . $15,065,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $15,064,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $30,149,000

NEW SECTION.  Sec. 216   FOR THE CRIMINAL JUSTICE TRAINING COMMISSION
Municipal Criminal Justice Assistance Account --
     Local Appropriation . . . . . . . . . . . . $460,000
Death Investigations Account -- State
     Appropriation . . . . . . . . . . . . $148,000
Public Safety and Education Account -- State
     Appropriation . . . . . . . . . . . . $18,078,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $18,686,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $124,000 of the public safety and education account appropriation is provided solely to allow the Washington association of sheriffs and police chiefs to increase the technical and training support provided to the local criminal justice agencies on the new incident-based reporting system and the national incident-based reporting system.
     (2) $136,000 of the public safety and education account appropriation is provided solely to allow the Washington association of prosecuting attorneys to enhance the training provided to criminal justice personnel.
     (3) $65,000 of the public safety and education account appropriation is provided solely for regionalized training programs for school district and local law enforcement officials on school safety issues.
     (4) $250,000 of the public safety and education account appropriation is provided solely to the Washington association of sheriffs and police chiefs for staffing and support of a web site to provide information about sex offenders.

     *NEW SECTION.  Sec. 217   FOR THE DEPARTMENT OF LABOR AND INDUSTRIES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $5,863,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $5,860,000
Public Safety and Education Account -- State
     Appropriation . . . . . . . . . . . . $22,391,000
Public Safety and Education Account -- Federal
     Appropriation . . . . . . . . . . . . $8,462,000
Asbestos Account -- State Appropriation . . . . . . . . . . . . $693,000
Electrical License Account -- State
     Appropriation . . . . . . . . . . . . $28,966,000
Farm Labor Revolving Account -- Private/Local
     Appropriation . . . . . . . . . . . . $28,000
Worker and Community Right-to-Know Account -- State
     Appropriation . . . . . . . . . . . . $2,544,000
Public Works Administration Account -- State
     Appropriation . . . . . . . . . . . . $2,411,000
Accident Account -- State Appropriation . . . . . . . . . . . . $187,843,000
Accident Account -- Federal Appropriation . . . . . . . . . . . . $13,396,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $186,724,000
Medical Aid Account -- Federal Appropriation . . . . . . . . . . . . $2,960,000
Plumbing Certificate Account -- State
     Appropriation . . . . . . . . . . . . $1,451,000
Pressure Systems Safety Account -- State
     Appropriation . . . . . . . . . . . . $2,807,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $472,399,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) Pursuant to RCW 7.68.015, the department shall operate the crime victims compensation program within the public safety and education account funds appropriated in this section. In the event that cost containment measures are necessary, the department may (a) institute copayments for services; (b) develop preferred provider contracts; or (c) implement other cost containment measures. Cost containment measures shall not include holding invoices received in one fiscal period for payment from appropriations in subsequent fiscal periods. No more than $5,248,000 of the public safety and education account appropriation shall be expended for department administration of the crime victims compensation program.
     (2) $90,000 of the electrical license account--state appropriation and $206,000 of the plumbing certificate account--state appropriation are provided solely to implement Engrossed Substitute Senate Bill No. 5713 (electrical contractors). If the bill is not enacted by June 30, 2003, the amounts provided in this subsection shall lapse.
     (3) $378,000 of the accident account--state appropriation is provided solely for the purpose of contracting with medical laboratories, health care providers, and other appropriate entities to provide cholinesterase medical monitoring of farm workers who handle cholinesterase-inhibiting pesticides, and to collect and analyze data related to such monitoring.
     *Sec. 217 was partially vetoed. See message at end of chapter.

NEW SECTION.  Sec. 218   FOR THE INDETERMINATE SENTENCE REVIEW BOARD
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $980,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $980,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $1,960,000

NEW SECTION.  Sec. 219   FOR THE DEPARTMENT OF VETERANS AFFAIRS
     (1) HEADQUARTERS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,527,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $1,528,000
Charitable, Educational, Penal, and Reformatory
     Institutions Account -- State
     Appropriation . . . . . . . . . . . . $11,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $3,066,000

     (2) FIELD SERVICES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $2,579,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $2,579,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $309,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,668,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $7,135,000

     (3) INSTITUTIONAL SERVICES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $7,473,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $5,890,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $27,207,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $27,822,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $68,392,000

NEW SECTION.  Sec. 220   FOR THE HOME CARE QUALITY AUTHORITY
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $412,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $259,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $671,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $150,000 of the general fund--state appropriation for fiscal year 2004 is provided solely for the design and development of the home care provider registry mandated by Initiative Measure No. 775.
     (2) Pursuant to RCW 74.39A.300(1), the legislature rejects the collective bargaining agreement entered into by the home care quality authority and the exclusive bargaining representative of individual providers under chapter 74.39A RCW (Initiative Measure No. 775).

NEW SECTION.  Sec. 221   FOR THE DEPARTMENT OF HEALTH
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $58,143,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $60,224,000
Health Services Account -- State Appropriation . . . . . . . . . . . . $34,289,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $348,897,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $93,601,000
Hospital Commission Account -- State
     Appropriation . . . . . . . . . . . . $2,490,000
Health Professions Account -- State
     Appropriation . . . . . . . . . . . . $40,097,000
Emergency Medical Services and Trauma Care Systems
     Trust Account -- State Appropriation . . . . . . . . . . . . $12,558,000
Safe Drinking Water Account -- State
     Appropriation . . . . . . . . . . . . $2,728,000
Drinking Water Assistance Account -- Federal
     Appropriation . . . . . . . . . . . . $13,498,000
Waterworks Operator Certification -- State
     Appropriation . . . . . . . . . . . . $633,000
Water Quality Account -- State Appropriation . . . . . . . . . . . . $3,359,000
Accident Account -- State Appropriation . . . . . . . . . . . . $258,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $46,000
State Toxics Control Account -- State
     Appropriation . . . . . . . . . . . . $2,761,000
Medical Test Site Licensure Account -- State
     Appropriation . . . . . . . . . . . . $1,718,000
Youth Tobacco Prevention Account -- State
     Appropriation . . . . . . . . . . . . $1,806,000
Tobacco Prevention and Control Account -- State
     Appropriation . . . . . . . . . . . . $52,510,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $729,616,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The department or any successor agency is authorized to raise existing fees charged for health care assistants, commercial shellfish paralytic shellfish poisoning, commercial shellfish licenses, and newborn screening programs, in excess of the fiscal growth factor established by Initiative Measure No. 601, if necessary, to meet the actual costs of conducting business and the appropriation levels in this section.
     (2) $1,337,000 of the general fund -- state fiscal year 2004 appropriation and $1,338,000 of the general fund -- state fiscal year 2005 appropriation are provided solely for the implementation of the Puget Sound water work plan and agency action items, DOH-01, DOH-02, DOH-03, and DOH-04.
     (3) The department of health shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation that provides appropriation authority, and an equal amount of appropriated state moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
     (4) $21,650,000 of the health services account -- state appropriation is provided solely for the state's program of universal access to essential childhood vaccines. The department shall utilize all available federal funding before expenditure of these funds.
     (5) $2,984,000 of the general fund--local appropriation is provided solely for development and implementation of an internet-based system for preparing and retrieving death certificates as provided in Substitute Senate Bill No. 5545 (chapter 241, Laws of 2003, web-based vital records).
     (6) The department of social and health services, the office of the superintendent of public instruction, and the department of health should jointly identify opportunities for early intervention and prevention activities that can help prevent disease and reduce oral health issues among children. Disease prevention among infants at the age of one year and among children entering the K-12 education system provides cost-effective ways to avoid higher health care spending later in life.
     (7) $92,000 of the general fund--state appropriation for fiscal year 2004, $19,000 of the general fund--state appropriation for fiscal year 2005, and $987,000 of the general fund--local appropriation are provided solely for implementation of Substitute House Bill No. 1338 (municipal water rights). If Substitute House Bill No. 1338 is not enacted by June 30, 2003, the amounts provided in this subsection shall lapse.

NEW SECTION.  Sec. 222   FOR THE DEPARTMENT OF CORRECTIONS
     (1) ADMINISTRATION AND SUPPORT SERVICES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $38,317,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $35,473,000
Public Safety and Education Account -- State
     Appropriation . . . . . . . . . . . . $3,657,000
Violence Reduction and Drug Enforcement
     Account Appropriation . . . . . . . . . . . . $26,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $77,473,000

     The appropriations in this subsection are subject to the following conditions and limitations: $3,250,000 of the general fund--state appropriation for fiscal year 2004 is provided solely for the continuation of phase two of the department's offender-based tracking system replacement project. This amount is conditioned on the department satisfying the requirements of section 902 of this act.

     (2) CORRECTIONAL OPERATIONS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $441,122,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $449,520,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $8,746,000
Violence Reduction and Drug Enforcement Account --
     State Appropriation . . . . . . . . . . . . $3,008,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $902,396,000

     The appropriations in this subsection are subject to the following conditions and limitations:
     (a) The department may expend funds generated by contractual agreements entered into for mitigation of severe overcrowding in local jails. Any funds generated in excess of actual costs shall be deposited in the state general fund. Expenditures shall not exceed revenue generated by such agreements and shall be treated as recovery of costs.
     (b) The department shall provide funding for the pet partnership program at the Washington corrections center for women at a level at least equal to that provided in the 1995-97 biennium.
     (c) The department of corrections shall accomplish personnel reductions with the least possible impact on correctional custody staff, community custody staff, and correctional industries. For the purposes of this subsection, correctional custody staff means employees responsible for the direct supervision of offenders.
     (d) During the 2003-05 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.
     (e) For the acquisition of properties and facilities, the department of corrections is authorized to enter into financial contracts, paid for from operating resources, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. This authority applies to the following: Lease-develop with the option to purchase or lease-purchase approximately 50 work release beds in facilities throughout the state for $3,500,000.

     (3) COMMUNITY SUPERVISION
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $73,952,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $74,200,000
Public Safety and Education
     Account -- State Appropriation . . . . . . . . . . . . $15,492,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $163,644,000

     The appropriations in this subsection are subject to the following conditions and limitations:
     (a) The department of corrections shall accomplish personnel reductions with the least possible impact on correctional custody staff, community custody staff, and correctional industries. For the purposes of this subsection, correctional custody staff means employees responsible for the direct supervision of offenders.
     (b) $75,000 of the general fund -- state appropriation for fiscal year 2004 and $75,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the department of corrections to contract with the institute for public policy for responsibilities assigned in chapter 196, Laws of 1999 (offender accountability act) and sections 7 through 12 of chapter 197, Laws of 1999 (drug offender sentencing).
     (c) $100,000 of the general fund--state appropriation for fiscal year 2004 is provided solely for a pilot project to test the availability, reliability, and effectiveness of an electronic monitoring system based on passive data logging global positioning system technology for monitoring sex offenders.
     (i) The department of corrections shall work with the Washington association of sheriffs and police chiefs and the department of social and health services to establish the pilot project.
     (ii) The pilot project shall be of sufficient size to test the reliability of the technology in a variety of geographical circumstances including both urban and rural locations.
     (iii) The pilot project shall test the system using sex or kidnapping offenders under the jurisdiction of the department of corrections and persons civilly committed under chapter 71.09 RCW under a variety of supervision circumstances. Offenders included in the pilot project shall be offenders who have been classified as level three offenders by the end of sentence review committee and over whom the department of corrections has authority to establish conditions of supervision or persons who have been ordered to be electronically monitored by the court in a proceeding under chapter 71.09 RCW and who have been classified as level three offenders by the end of sentence review committee.
     (iv) The pilot project shall specifically examine the feasibility of electronic monitoring for level three sex offenders or kidnapping offenders who register as homeless or transient.
     (v) The Washington association of sheriffs and police chiefs shall report to the appropriate committees of the legislature and the governor on the results of the pilot project by January 31, 2004. The report must include, but is not limited to:
     (A) The availability of the technology, including a description of the system used and a discussion of the various types of global positioning system-based monitoring available and appropriate for a sex offender population;
     (B) Any geographic or weather-related limitations posed by the technology;
     (C) The reliability, including the false alarm rate of the technology;
     (D) Any training requirements for department of corrections staff or supervised persons;
     (E) Any distinctions in effectiveness or feasibility for different supervision populations;
     (F) Costs, including equipment costs, monitoring fees, and any changes to department of corrections staffing levels;
     (G) The ability of the subjects of the pilot to pay for daily and/or equipment costs;
     (H) The rate of loss or damage to equipment used by the subjects of the pilot project; and
     (I) Limitations in the pilot project to determining the answers to the items in this subsection (3)(c)(v).
     The association shall make a recommendation in the report about the frequency and timing of monitoring reports, and the need for further study of the issue to determine efficacy and reliability.

     (4) CORRECTIONAL INDUSTRIES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $626,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $626,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $1,252,000

     The appropriations in this subsection are subject to the following conditions and limitations: $110,000 of the general fund -- state appropriation for fiscal year 2004 and $110,000 of the general fund -- state appropriation for fiscal year 2005 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 2004) . . . . . . . . . . . . $25,099,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $25,134,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $50,233,000

Sec. 223   2003 c 10 s 218 (uncodified) is amended to read as follows:
     FOR THE DEPARTMENT OF CORRECTIONS. The appropriations to the department of corrections in this act shall be expended for the programs and in the amounts specified herein. However, after May 1, 2003, after approval by the director of financial management and unless specifically prohibited by this act, the department may transfer general fund -- state appropriations for fiscal year 2003 between programs. The director of financial management shall notify the appropriate fiscal committees of the senate and house of representatives in writing prior to approving any deviations from appropriation levels.

     (1) ADMINISTRATION AND SUPPORT SERVICES
General Fund -- State Appropriation (FY 2002) . . . . . . . . . . . . $36,786,000
General Fund -- State Appropriation (FY 2003) . . . . . . . . . . . . (($36,239,000))
       $32,989,000
Public Safety and Education Account -- State
     Appropriation . . . . . . . . . . . . $1,576,000
Violence Reduction and Drug Enforcement
     Account Appropriation . . . . . . . . . . . . $3,254,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($77,855,000))
       $74,605,000

     The appropriations in this subsection are subject to the following conditions and limitations: $4,623,000 of the general fund -- state appropriation for fiscal year 2002, (($4,623,000)) $1,373,000 of the general fund -- state appropriation for fiscal year 2003, and $3,254,000 of the violence reduction and drug enforcement account appropriation are provided solely for the replacement of the department's offender-based tracking system. This amount is conditioned on the department satisfying the requirements of section 902 of this act. The department shall prepare an assessment of the fiscal impact of any changes to the replacement project. The assessment shall:
     (a) Include a description of any changes to the replacement project;
     (b) Provide the estimated costs for each component in the 2001-03 and subsequent biennia;
     (c) Include a schedule that provides the time estimated to complete changes to each component of the replacement project; and
     (d) Be provided to the office of financial management, the department of information services, the information services board, and the staff of the fiscal committees of the senate and the house of representatives no later than November 1, 2002.

     (2) CORRECTIONAL OPERATIONS
General Fund -- State Appropriation (FY 2002) . . . . . . . . . . . . $404,390,000
General Fund -- State Appropriation (FY 2003) . . . . . . . . . . . . $433,915,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $9,936,000
Violence Reduction and Drug Enforcement Account --
     State Appropriation . . . . . . . . . . . . $1,596,000
Public Health Services Account Appropriation . . . . . . . . . . . . $1,453,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $851,290,000

     The appropriations in this subsection are subject to the following conditions and limitations:
     (a) The department may expend funds generated by contractual agreements entered into for mitigation of severe overcrowding in local jails. Any funds generated in excess of actual costs shall be deposited in the state general fund. Expenditures shall not exceed revenue generated by such agreements and shall be treated as recovery of costs.
     (b) The department shall provide funding for the pet partnership program at the Washington corrections center for women at a level at least equal to that provided in the 1995-97 biennium.
     (c) The department of corrections shall accomplish personnel reductions with the least possible impact on correctional custody staff, community custody staff, and correctional industries. For the purposes of this subsection, correctional custody staff means employees responsible for the direct supervision of offenders.
     (d) $553,000 of the general fund -- state appropriation for fiscal year 2002 and $956,000 of the general fund -- state appropriation for fiscal year 2003 are provided solely to increase payment rates for contracted education providers, contracted chemical dependency providers, and contracted work release facilities.
     (e) During the 2001-03 biennium, when contracts are established or renewed for offender pay phone and other telephone services provided to inmates, the department shall select the contractor or contractors primarily based on the following factors: (i) The lowest rate charged to both the inmate and the person paying for the telephone call; and (ii) the lowest commission rates paid to the department, while providing reasonable compensation to cover the costs of the department to provide the telephone services to inmates and provide sufficient revenues for the activities funded from the institutional welfare betterment account.
     (f) For the acquisition of properties and facilities, the department of corrections is authorized to enter into financial contracts, paid for from operating resources, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. This authority applies to the following: Lease-develop with the option to purchase or lease-purchase approximately 50 work release beds in facilities throughout the state for $3,500,000.
     (g) $22,000 of the general fund -- state appropriation for fiscal year 2002 and $76,000 of the general fund -- state appropriation for fiscal year 2003 are provided solely for the implementation of Second Substitute Senate Bill No. 6151 (high risk sex offenders in the civil commitment and criminal justice systems). If the bill is not enacted by June 30, 2001, the amounts provided in this subsection shall lapse.
     (h) The department may acquire a ferry for no more than $1,000,000 from Washington state ferries. Funds expended for this purpose will be recovered from the sale of marine assets.
     (i) Within the amounts appropriated in this section, funding is provided for the initial implementation of a medical algorithm practice program within the department's facilities. The program shall be designed to achieve clinical efficacy and costs efficiency in the utilization of psychiatric drugs.

     (3) COMMUNITY SUPERVISION
General Fund -- State Appropriation (FY 2002) . . . . . . . . . . . . $68,097,000
General Fund -- State Appropriation (FY 2003) . . . . . . . . . . . . $77,436,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $870,000
Public Safety and Education
     Account -- State Appropriation . . . . . . . . . . . . $15,493,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $161,896,000

     The appropriations in this subsection are subject to the following conditions and limitations:
     (a) The department of corrections shall accomplish personnel reductions with the least possible impact on correctional custody staff, community custody staff, and correctional industries. For the purposes of this subsection, correctional custody staff means employees responsible for the direct supervision of offenders.
     (b) $75,000 of the general fund -- state appropriation for fiscal year 2002 and $75,000 of the general fund -- state appropriation for fiscal year 2003 are provided solely for the department of corrections to contract with the institute for public policy for responsibilities assigned in chapter 196, Laws of 1999 (offender accountability act) and sections 7 through 12 of chapter 197, Laws of 1999 (drug offender sentencing).
     (c) $16,000 of the general fund -- state appropriation for fiscal year 2002 and $28,000 of the general fund -- state appropriation for fiscal year 2003 are provided solely to increase payment rates for contracted chemical dependency providers.
     (d) $30,000 of the general fund -- state appropriation for fiscal year 2002 and $30,000 of the general fund -- state appropriation for fiscal year 2003 are provided solely for the implementation of Substitute Senate Bill No. 5118 (interstate compact for adult offender supervision). If the bill is not enacted by June 30, 2001, the amounts provided in this subsection shall lapse.

     (4) CORRECTIONAL INDUSTRIES
General Fund -- State Appropriation (FY 2002) . . . . . . . . . . . . $631,000
General Fund -- State Appropriation (FY 2003) . . . . . . . . . . . . $629,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $1,260,000

     The appropriations in this subsection are subject to the following conditions and limitations: $110,000 of the general fund -- state appropriation for fiscal year 2002 and $110,000 of the general fund -- state appropriation for fiscal year 2003 are provided solely for transfer to the jail industries board. The board shall use the amounts provided only for administrative expenses, equipment purchases, and technical assistance associated with advising cities and counties in developing, promoting, and implementing consistent, safe, and efficient offender work programs.

     (5) INTERAGENCY PAYMENTS
General Fund -- State Appropriation (FY 2002) . . . . . . . . . . . . $18,568,000
General Fund -- State Appropriation (FY 2003) . . . . . . . . . . . . $18,569,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $37,137,000

NEW SECTION.  Sec. 224   FOR THE DEPARTMENT OF SERVICES FOR THE BLIND
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,767,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $1,767,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $14,297,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $80,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $17,911,000

NEW SECTION.  Sec. 225   FOR THE SENTENCING GUIDELINES COMMISSION
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $737,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $741,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $1,478,000

NEW SECTION.  Sec. 226   FOR THE EMPLOYMENT SECURITY DEPARTMENT
General Fund -- Federal Appropriation . . . . . . . . . . . . $267,586,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $30,103,000
Unemployment Compensation Administration Account --
     Federal Appropriation . . . . . . . . . . . . $184,878,000
Administrative Contingency Account -- State
     Appropriation . . . . . . . . . . . . $14,721,000
Employment Service Administrative Account -- State
     Appropriation . . . . . . . . . . . . $23,184,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $520,472,000

     The appropriations in this subsection are subject to the following conditions and limitations: $100,000 of the administrative contingency account appropriation is provided solely to establish an advisory partnership on the Washington manufacturing sector as outlined in Substitute House Bill No. 2164 (manufacturing advisory partnership) and recommended in the report entitled manufacturing in Washington state, 1990-2002: trends and implications for the industry and state.

Sec.227   2003 c 10 s 209 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- MEDICAL ASSISTANCE PROGRAM
General Fund -- State Appropriation (FY 2002) . . . . . . . . . . . . $1,081,150,000
General Fund -- State Appropriation (FY 2003) . . . . . . . . . . . . (($1,202,277,000))
       $1,192,164,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($3,319,133,000))
       $3,329,246,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $216,735,000
Emergency Medical Services and Trauma Care Systems
     Trust Account -- State Appropriation . . . . . . . . . . . . $10,700,000
Health Services Account -- State Appropriation . . . . . . . . . . . . $720,236,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $6,550,231,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The department shall increase its efforts to restrain the growth of health care costs. The appropriations in this section anticipate that the department implements a combination of cost containment and utilization strategies sufficient to reduce general fund -- state costs by approximately 3 percent below the level projected for the 2001-03 biennium in the March 2001 forecast. The department shall report to the fiscal committees of the legislature by October 1, 2001, on its specific plans and semiannual targets for accomplishing these savings. The department shall report again to the fiscal committees by March 1, 2002, and by September 1, 2002, on actual performance relative to the semiannual targets. If satisfactory progress is not being made to achieve the targeted savings, the reports shall include recommendations for additional or alternative measures to control costs.
     (2) The department shall continue to extend medicaid eligibility to children through age 18 residing in households with incomes below 200 percent of the federal poverty level.
     (3) In determining financial eligibility for medicaid-funded services, the department is authorized to disregard recoveries by Holocaust survivors of insurance proceeds or other assets, as defined in RCW 48.104.030.
     (4) $502,000 of the health services account appropriation, $400,000 of the general fund -- private/local appropriation, and $1,676,000 of the general fund -- federal appropriation are provided solely for implementation of Second Substitute House Bill No. 1058 (breast and cervical cancer treatment). If the bill is not enacted by June 30, 2001, or if private funding is not contributed equivalent to the general fund -- private/local appropriation, the funds appropriated in this subsection shall lapse.
     (5) $620,000 of the health services account appropriation for fiscal year 2002, $337,000 of the health services account appropriation for fiscal year 2003, and $960,000 of the general fund -- federal appropriation are provided solely for implementation of a "ticket to work" medicaid buy-in program for working persons with disabilities, operated in accordance with the following conditions:
     (a) To be eligible, a working person with a disability must have total income which is less than 450 percent of poverty;
     (b) Participants shall participate in the cost of the program by paying (i) a monthly enrollment fee equal to fifty percent of any unearned income in excess of the medicaid medically needy standard; and (ii) a monthly premium equal to 5 percent of all unearned income, plus 5 percent of all earned income after disregarding the first sixty-five dollars of monthly earnings, and half the remainder;
     (c) The department shall establish more restrictive eligibility standards than specified in this subsection to the extent necessary to operate the program within appropriated funds;
     (d) The department may require point-of-service copayments as appropriate, except that copayments shall not be so high as to discourage appropriate service utilization, particularly of prescription drugs needed for the treatment of psychiatric conditions; and
     (e) The department shall establish systems for tracking and reporting enrollment and expenditures in this program, and the prior medical assistance eligibility status of new program enrollees. The department shall additionally survey the prior and current employment status and approximate hours worked of program enrollees, and report the results to the fiscal and health care committees of the legislature by January 15, 2003.
     (6) From funds appropriated in this section, the department shall design, implement, and evaluate pilot projects to assist individuals with at least three different diseases to improve their health, while reducing total medical expenditures. The projects shall involve (a) identifying persons who are seriously or chronically ill due to a combination of medical, social, and functional problems; and (b) working with the individuals and their care providers to improve adherence to state-of-the-art treatment regimens. The department shall report to the health care and the fiscal committees of the legislature by January 1, 2002, on the particular disease states, intervention protocols, and delivery mechanisms it proposes to test.
     (7) Sufficient funds are appropriated in this section for the department to continue full-scope dental coverage, vision coverage, and podiatry services for medicaid-eligible adults.
     (8) The legislature reaffirms that it is in the state's interest for Harborview medical center to remain an economically viable component of the state's health care system.
     (9) $80,000 of the general fund -- state appropriation for fiscal year 2002, $80,000 of the general fund -- state appropriation for fiscal year 2003, and $160,000 of the general fund -- federal appropriation are provided solely for the newborn referral program to provide access and outreach to reduce infant mortality.
     (10) $30,000 of the general fund -- state appropriation for fiscal year 2002, $31,000 of the general fund -- state appropriation for fiscal year 2003, and $62,000 of the general fund -- federal appropriation are provided solely for implementation of Substitute Senate Bill No. 6020 (dental sealants). If Substitute Senate Bill No. 6020 is not enacted by June 30, 2001, the amounts provided in this subsection shall lapse.
     (11) In accordance with RCW 74.46.625, $199,111,000 of the health services account appropriation and $201,049,000 of the general fund -- federal appropriation are provided solely for supplemental payments to nursing homes operated by rural public hospital districts. The payments shall be conditioned upon (a) a contractual commitment by the association of public hospital districts and participating rural public hospital districts to make an intergovernmental transfer to the state treasurer, for deposit into the health services account, equal to at least 95 percent of the supplemental payments; and (b) a contractual commitment by the participating districts to not allow expenditures covered by the supplemental payments to be used for medicaid nursing home rate-setting. The participating districts shall retain no more than a total of $20,000,000 for the 2001-03 biennium. If the medicare upper payment limit revenues referenced in this subsection are not received in an amount or within a time frame sufficient to support spending from the health services account, the governor shall take actions in accordance with RCW 43.88.110(8).
     (12) $40,428,000 of the health services account appropriation and $40,807,000 of the general fund -- federal appropriation are provided solely for additional disproportionate share and medicare upper payment limit payments to public hospital districts.
      The payments shall be conditioned upon a contractual commitment by the participating public hospital districts to make an intergovernmental transfer to the health services account equal to at least 91 percent of the additional payments. At least 28 percent of the amounts retained by the participating hospital districts shall be allocated to the state's teaching hospitals.
     (13) $412,000 of the general fund -- state appropriation for fiscal year 2002, $862,000 of the general fund -- state appropriation for fiscal year 2003, and $730,000 of the general fund -- federal appropriation are provided solely for implementation of Substitute House Bill No. 1162 (small rural hospitals). If Substitute House Bill No. 1162 is not enacted by June 30, 2001, the amounts provided in this subsection shall lapse.
     (14) The department may continue to use any federal money available to continue to provide medicaid matching funds for funds contributed by local governments for purposes of conducting eligibility outreach to children and underserved groups. The department shall ensure cooperation with the anticipated audit of the school districts' matchable expenditures for this program and advise the appropriate legislative fiscal committees of the findings.
     (15) The department shall coordinate with the health care authority and with community and migrant health clinics to actively assist children and immigrant adults not eligible for medicaid to enroll in the basic health plan.
     (16) $8,500,000 of the general fund -- state appropriation for fiscal year 2002, or so much thereof as may be necessary, is provided solely for settlement of Providence St. Peter's Hospital et al. vs. Department of Social and Health Services.
     (17) In consultation and coordination with the department of health, the department shall establish mechanisms to assure that the AIDS insurance program operates within budgeted levels. Such mechanisms shall include a system under which the state's contribution to the cost of coverage is adjusted on a sliding-scale basis.
     (18) The department shall implement an academic detailing program that educates prescribers on the availability of generic versions of off-patent brand drugs. To the extent the net cost of generics, after accounting for rebates, is less than the off-patent drug, generics will be substituted, with the prescriber's approval, consistent with criteria developed by the department in consultation with the state medical association and the state pharmacists association.
     (19) Within available resources, the department shall design and report on the feasibility of a general assistance medical care management project in two counties, one in eastern Washington and one in western Washington. In designing the project, the department shall consult with the mental health division, migrant and community health centers, and any other managed care provider that has the capacity to offer coordinated medical and mental health care. The projects shall be designed in such a way that a designated provider network is established for general assistance clients so that care management can be maximized. The department shall report on the design of the pilot project to the policy and fiscal committees of the legislature by October 15, 2002.
     (20) $21,000 of the general fund--state appropriation and $189,000 of the general fund--federal appropriation are provided solely for initiation of a study to assess alternatives for replacing the existing medicaid management information system. The department shall report to the information services board and to the fiscal committees of the legislature by December 1, 2003, on the anticipated costs and benefits of the major alternative approaches. The department shall receive specific authorization in the 2003-05 appropriations act before proceeding with procurement of the replacement system.

(End of part)


PART III
NATURAL RESOURCES

NEW SECTION.  Sec. 301   FOR THE COLUMBIA RIVER GORGE COMMISSION
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $339,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $345,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $663,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $1,347,000

NEW SECTION.  Sec. 302   FOR THE DEPARTMENT OF ECOLOGY
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $33,464,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $33,263,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $57,143,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $3,696,000
Special Grass Seed Burning Research Account --
     State Appropriation . . . . . . . . . . . . $14,000
Reclamation Revolving Account -- State
     Appropriation . . . . . . . . . . . . $2,760,000
Flood Control Assistance Account --
     State Appropriation . . . . . . . . . . . . $2,019,000
State Emergency Water Projects Revolving Account --
     State Appropriation . . . . . . . . . . . . $552,000
Waste Reduction/Recycling/Litter Control Account --
     State Appropriation . . . . . . . . . . . . $13,714,000
State Drought Preparedness Account -- State
     Appropriation . . . . . . . . . . . . $1,708,000
State and Local Improvements Revolving Account
     (Water Supply Facilities) -- State
     Appropriation . . . . . . . . . . . . $593,000
Site Closure Account--State Appropriation . . . . . . . . . . . . $629,000
Water Quality Account -- State Appropriation . . . . . . . . . . . . $25,252,000
Wood Stove Education and Enforcement Account --
     State Appropriation . . . . . . . . . . . . $356,000
Worker and Community Right-to-Know Account --
     State Appropriation . . . . . . . . . . . . $3,348,000
State Toxics Control Account -- State
     Appropriation . . . . . . . . . . . . $59,268,000
State Toxics Control Account -- Private/Local
     Appropriation . . . . . . . . . . . . $353,000
Local Toxics Control Account -- State
     Appropriation . . . . . . . . . . . . $4,878,000
Water Quality Permit Account -- State
     Appropriation . . . . . . . . . . . . $25,205,000
Underground Storage Tank Account -- State
     Appropriation . . . . . . . . . . . . $2,710,000
Environmental Excellence Account -- State
     Appropriation . . . . . . . . . . . . $504,000
Biosolids Permit Account -- State Appropriation . . . . . . . . . . . . $784,000
Hazardous Waste Assistance Account -- State
     Appropriation . . . . . . . . . . . . $4,185,000
Air Pollution Control Account -- State
     Appropriation . . . . . . . . . . . . $1,654,000
Oil Spill Prevention Account -- State
     Appropriation . . . . . . . . . . . . $7,745,000
Air Operating Permit Account -- State
     Appropriation . . . . . . . . . . . . $3,693,000
Freshwater Aquatic Weeds Account -- State
     Appropriation . . . . . . . . . . . . $2,503,000
Oil Spill Response Account -- State
     Appropriation . . . . . . . . . . . . $7,078,000
Metals Mining Account -- State Appropriation . . . . . . . . . . . . $19,000
Water Pollution Control Revolving Account --
     State Appropriation . . . . . . . . . . . . $380,000
Water Pollution Control Revolving Account --
     Federal Appropriation . . . . . . . . . . . . $1,867,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $301,337,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $2,757,696 of the general fund--state appropriation for fiscal year 2004, $2,757,696 of the general fund--state appropriation for fiscal year 2005, $394,000 of the general fund--federal appropriation, $2,581,000 of the state toxics account--state appropriation, $217,830 of the water quality account--state appropriation, $322,976 of the state drought preparedness account--state appropriation, $3,748,220 of the water quality permit account--state appropriation, and $704,942 of the oil spill prevention account are provided solely for the implementation of the Puget Sound work plan and agency action items DOE-01, DOE-02, DOE-04, DOE-05, DOE-06, DOE-07, DOE-08, and DOE-09.
     (2) $4,059,000 of the state toxics control account appropriation is provided solely for methamphetamine lab clean-up activities.
     (3) $170,000 of the oil spill prevention account appropriation is provided solely for implementation of the Puget Sound work plan action item UW-02 through a contract with the University of Washington's sea grant program to develop an educational program targeted to small spills from commercial fishing vessels, ferries, cruise ships, ports, and marinas.
     (4) $1,000,000 of the general fund--state appropriation for fiscal year 2004 and $1,000,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for shoreline grants to local governments to implement Substitute Senate Bill No. 6012 (shoreline management), chapter 262, Laws of 2003.
     (5) Fees approved by the department of ecology in the 2003-05 biennium are authorized to exceed the fiscal growth factor under RCW 43.135.055.
     (6) $200,000 of the water quality account--state appropriation is provided solely for the department to contract with Washington State University cooperative extension program to provide statewide coordination and support for coordinated resource management.
     (7) $100,000 of the state toxics control account--state appropriation is provided solely to implement Engrossed Substitute House Bill No. 1002 (mercury), chapter 260, Laws of 2003. If the bill is not enacted by June 30, 2003, the amount provided in this subsection shall lapse.
     (8) The department of ecology is authorized to take one of the following actions related to the grant awarded in the 2001-03 biennium to Lincoln county for the Negro Creek flood control project, flood control assistance account program grant G0200049: (a) Carry forward to the 2003-05 biennium any unspent portion of the grant, or (b) extend the time of performance for the grant contract to the end of the 2003-2005 biennium.

NEW SECTION.  Sec. 303   FOR THE STATE PARKS AND RECREATION COMMISSION
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $29,986,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $29,976,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,666,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $63,000
Winter Recreation Program Account -- State
     Appropriation . . . . . . . . . . . . $1,079,000
Off Road Vehicle Account -- State Appropriation . . . . . . . . . . . . $285,000
Snowmobile Account -- State Appropriation . . . . . . . . . . . . $4,790,000
Aquatic Lands Enhancement Account -- State
     Appropriation . . . . . . . . . . . . $332,000
Public Safety and Education Account -- State
     Appropriation . . . . . . . . . . . . $47,000
Parks Renewal and Stewardship Account --
     State Appropriation . . . . . . . . . . . . $33,769,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $102,993,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) Fees approved by the state parks and recreation commission in the 2003-05 biennium are authorized to exceed the fiscal growth factor under RCW 43.135.055.
     (2) $79,000 of the general fund -- state appropriation for fiscal year 2004, $79,000 of the general fund -- state appropriation for fiscal year 2005, and $8,000 of the winter recreation program account -- state appropriation are provided solely for a grant for the operation of the Northwest avalanche center.
     (3) $191,000 of the aquatic lands enhancement account appropriation is provided solely for the implementation of the Puget Sound work plan and agency action item P+RC-02.
     (4) At each state park at which a parking fee is collected, the state parks and recreation commission shall provide notice that the revenue collected from the parking fee shall be used to fund expenditures to maintain and improve the state park system.

NEW SECTION.  Sec. 304   FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,246,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $1,256,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $17,983,000
Firearms Range Account -- State Appropriation . . . . . . . . . . . . $22,000
Recreation Resources Account -- State
     Appropriation . . . . . . . . . . . . $2,608,000
NOVA Program Account -- State Appropriation . . . . . . . . . . . . $691,000
Water Quality Account -- State Appropriation . . . . . . . . . . . . $200,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $254,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $24,260,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $16,000,000 of the general fund -- federal appropriation is provided solely for implementation of the forest and fish agreement rules. These funds will be passed through to the department of natural resources and the department of fish and wildlife.
     (2) $41,000 of the general fund--state appropriation for fiscal year 2004 and $41,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the operation and maintenance of the natural resources data portal.
     (3) $812,000 of the general fund--state appropriation for fiscal year 2004, $813,000 of the general fund--state appropriation for fiscal year 2005, and $1,625,000 of the general fund--federal appropriation are provided to the salmon recovery funding board for distribution to lead entities. The board may establish policies to require coordination of funding requests from lead entities and regional recovery boards to ensure that recovery efforts are synchronized. At the discretion of the board, funding shall be concentrated in watersheds within the highest priority salmon recovery regions as defined by the statewide strategy to recover salmon. The board shall also coordinate funding decisions with the northwest power planning council to ensure maximum efficiency and investment return.
     (4) $234,000 of the general fund--state appropriation for fiscal year 2004 and $234,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to implement priority recommendations developed by the monitoring oversight committee as directed by RCW 77.85.210. Within these funds, activity shall be directed to improve monitoring oversight within watersheds, enhance data coordination and access among recovery partners, and produce a state watershed health report card.

NEW SECTION.  Sec. 305   FOR THE ENVIRONMENTAL HEARINGS OFFICE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $923,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $960,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $1,883,000

     The appropriations in this section are subject to the following conditions and limitations: $30,000 of the general fund--state appropriation for fiscal year 2004 and $20,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to implement Engrossed Substitute Senate Bill No. 5776 (review of permit decisions), chapter 393, Laws of 2003.

NEW SECTION.  Sec. 306   FOR THE CONSERVATION COMMISSION
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $2,234,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $2,245,000
Water Quality Account -- State Appropriation . . . . . . . . . . . . $2,162,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $6,641,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $247,000 of the general fund -- state appropriation for fiscal year 2004 and $247,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the implementation of the Puget Sound work plan and agency action item CC-01.
     (2) $118,000 of the general fund--state appropriation for fiscal year 2004 and $121,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to implement Engrossed Second Substitute House Bill No. 1418 (drainage infrastructure), chapter 391, Laws of 2003.

NEW SECTION.  Sec. 307   FOR THE DEPARTMENT OF FISH AND WILDLIFE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $41,453,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $40,179,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $31,632,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $24,300,000
Off Road Vehicle Account -- State
     Appropriation . . . . . . . . . . . . $501,000
Aquatic Lands Enhancement Account -- State
     Appropriation . . . . . . . . . . . . $5,620,000
Public Safety and Education Account -- State
     Appropriation . . . . . . . . . . . . $562,000
Recreational Fisheries Enhancement Account --
     State Appropriation . . . . . . . . . . . . $3,392,000
Warm Water Game Fish Account -- State
     Appropriation . . . . . . . . . . . . $2,568,000
Eastern Washington Pheasant Enhancement Account --
     State Appropriation . . . . . . . . . . . . $750,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . $57,138,000
Wildlife Account -- Federal Appropriation . . . . . . . . . . . . $38,216,000
Wildlife Account -- Private/Local
     Appropriation . . . . . . . . . . . . $15,158,000
Game Special Wildlife Account -- State
     Appropriation . . . . . . . . . . . . $1,949,000
Game Special Wildlife Account -- Federal
     Appropriation . . . . . . . . . . . . $9,598,000
Game Special Wildlife Account -- Private/Local
     Appropriation . . . . . . . . . . . . $350,000
Environmental Excellence Account -- State
     Appropriation . . . . . . . . . . . . $15,000
Regional Fisheries Salmonid Recovery Account --
     Federal Appropriation . . . . . . . . . . . . $1,750,000
Oil Spill Prevention Account -- State
     Appropriation . . . . . . . . . . . . $981,000
Oyster Reserve Land Account -- State
     Appropriation . . . . . . . . . . . . $137,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $276,249,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $1,355,714 of the general fund -- state appropriation for fiscal year 2004, $1,355,713 of the general fund -- state appropriation for fiscal year 2005, and $402,000 of the wildlife account--state appropriation are provided solely for the implementation of the Puget Sound work plan and agency action items DFW-01 through DFW-06.
     (2) $225,000 of the general fund -- state appropriation for fiscal year 2004, $225,000 of the general fund -- state appropriation for fiscal year 2005, and $550,000 of the wildlife account--state appropriation are provided solely for the implementation of hatchery reform recommendations defined by the hatchery scientific review group.
     (3) $850,000 of the wildlife account--state appropriation is provided solely for stewardship and maintenance needs on agency-owned lands and water access sites.
     (4) $900,000 of the wildlife fund--state appropriation is provided solely for wetland restoration activities for migratory waterfowl by providing landowner incentives to create or maintain waterfowl habitat and management activities.
     (5) $2,000,000 of the aquatic lands enhancement account appropriation is provided for cooperative volunteer projects.
     (6) The department shall support the activities of the aquatic nuisance species coordination committee to foster state, federal, tribal, and private cooperation on aquatic nuisance species issues. The committee shall strive to prevent the introduction of nonnative aquatic species and to minimize the spread of species that are introduced.
     (7) The department shall develop and implement an activity-based costing system. The system shall be operational no later than January 1, 2004.
     (8) $400,000 of the wildlife account--state appropriation is provided solely to implement the department's information systems strategic plan to include continued implementation of a personal computer leasing plan, an upgrade of computer back-up systems, systems architecture assessment, and network security analysis.
     (9) Within funds provided, the department shall make available enforcement and biological staff to respond and take appropriate action to ensure public safety in response to public complaints regarding bear and cougar.
     (10) $43,000 of the general fund--state appropriation for fiscal year 2004 and $42,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for staffing and operation of the Tennant Lake interpretive center.
     (11) $80,000 of the general fund--state appropriation for fiscal year 2004 and $77,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to implement Second Substitute House Bill No. 1095 (small forest landowners), chapter 311, Laws of 2003.
     (12) $25,000 of the general fund--state appropriation for fiscal year 2004 and $25,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to implement Engrossed Second Substitute House Bill No. 1338 (municipal water rights). If the bill is not enacted by June 30, 2003, the amounts provided in this subsection shall lapse.
     (13) $110,000 of the general fund--state appropriation for fiscal year 2004 and $110,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for economic adjustment assistance to fishermen pursuant to the 1999 Pacific salmon treaty agreement.
     (14) The department shall emphasize enforcement of laws related to protection of fish habitat and the illegal harvest of salmon and steelhead. Within the amount provided for the agency, the department shall provide support to the department of health to enforce state shellfish harvest laws.

     *NEW SECTION.  Sec. 308   FOR THE DEPARTMENT OF NATURAL RESOURCES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $30,307,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $34,233,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $3,809,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $2,482,000
Forest Development Account -- State
     Appropriation . . . . . . . . . . . . $52,060,000
Off Road Vehicle Account -- State
     Appropriation . . . . . . . . . . . . $4,028,000
Surveys and Maps Account -- State
     Appropriation . . . . . . . . . . . . $2,760,000
Aquatic Lands Enhancement Account -- State
     Appropriation . . . . . . . . . . . . $6,884,000
Resources Management Cost Account -- State
     Appropriation . . . . . . . . . . . . $70,391,000
Surface Mining Reclamation Account -- State
     Appropriation . . . . . . . . . . . . $2,293,000
Disaster Response Account -- State Appropriation . . . . . . . . . . . . $7,200,000
Water Quality Account -- State Appropriation . . . . . . . . . . . . $2,479,000
Aquatic Land Dredged Material Disposal Site
     Account -- State Appropriation . . . . . . . . . . . . $1,311,000
Natural Resource Conservation Areas Stewardship
     Account Appropriation . . . . . . . . . . . . $83,000
Air Pollution Control Account -- State
     Appropriation . . . . . . . . . . . . $526,000
Agricultural College Trust Management Account
     Appropriation . . . . . . . . . . . . $1,868,000
Derelict Vessel Removal Account -- State
     Appropriation . . . . . . . . . . . . $1,130,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $223,844,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $18,000 of the general fund -- state appropriation for fiscal year 2004, $18,000 of the general fund -- state appropriation for fiscal year 2005, and $1,006,950 of the aquatic lands enhancement account appropriation are provided solely for the implementation of the Puget Sound work plan and agency action items DNR-01, DNR-02, and DNR-04.
     (2) $908,000 of the general fund -- state appropriation for fiscal year 2004 and $910,000 of the general fund -- state appropriation for fiscal year 2005 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.
     (3) $1,158,000 of the general fund -- state appropriation for fiscal year 2004, $8,358,000 of the general fund -- state appropriation for fiscal year 2005, and $7,200,000 of the disaster response account--state appropriation are provided solely for emergency fire suppression.
     (4) $582,000 of the aquatic lands enhancement account appropriation is provided solely for spartina control.
     (5) Fees approved by the board of natural resources in the 2003-05 biennium are authorized to exceed the fiscal growth factor under RCW 43.135.055.
     (6) The department shall prepare a report of actual and planned expenditures by task and activity from all fund sources for all aspects of the forest and fish program for the 2001-03 and 2003-05 biennia. The report shall be submitted to the director of financial management and the legislative fiscal committees by August 31, 2003.
     (7) Authority to expend funding for acquisition of technology equipment and software associated with development of a new revenue management system is conditioned on compliance with section 902 of this act.
     (8) $1,000,000 of the aquatic lands enhancement account--state appropriation is provided solely for the department to meet its obligations with the U.S. environmental protection agency for the clean-up of Commencement Bay.
     (9) For the 2003-05 fiscal biennium, the department has revised the methodology by which administrative costs of the department are allocated among the state general fund and the various dedicated funds and accounts from which the department receives appropriations. The legislature recognizes that the revised methodology represents a fair and equitable allocation of costs under state law and accounting rules. The legislature further finds that retroactive application of the revised methodology is neither practical nor desirable.
     (10) The department of natural resources shall provide a report to the appropriate committees of the legislature, the office of financial management, and the board of natural resources concerning the costs and effectiveness of the contract harvesting program as authorized by Second Substitute Senate Bill No. 5074 (contract harvesting), chapter 313, Laws of 2003. The report shall be submitted by December 31, 2006, and shall include the following information:
     (a) Number of sales conducted through contract harvesting;
     (b) For each sale conducted, the (i) number of board feet sold; (ii) stumpage and pond prices; (iii) difference in revenues received compared to revenues that would have accrued through noncontract harvest sales, and the distribution of revenues to the contract harvesting revolving account, and to applicable management and trust accounts; and (iv) total cost to conduct the contract harvest, by fund and object of expenditure; and
     (c) Other costs and benefits attributable to contract harvesting.
     (11) $208,000 of the general fund--state appropriation of fiscal year 2004 and $70,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to implement Second Substitute House Bill No. 1095 (small forest landowners), chapter 311, Laws of 2003.
     (12) The department of natural resources shall not close Sahara Creek facility, campground, or trailhead. The appropriations in this section are deemed sufficient to provide service for these recreational opportunities.
     (13) $4,000 of the general fund--state appropriation for fiscal year 2004 and $4,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to compensate the forest board trust for a portion of the lease to the Crescent television improvement district consistent with RCW 79.12.055.
     (14) $2,700,000 of the general fund--state appropriation for fiscal year 2004 is provided solely to the department of natural resources to acquire approximately 232 acres of land and timber in Klickitat county from the SDS lumber company. Expenditure of the moneys provided in this subsection shall not be made until the SDS lumber company accepts the land and timber acquisition as full and complete settlement of the current litigation brought by the SDS lumber company against the state and the litigation is dismissed, with prejudice. The land and timber acquired with the funding in this subsection shall be managed for the benefit of the common schools. By June 30, 2004, if the department has not recovered through trust asset management the state's capital investment from the land acquisition provided in this subsection, the department shall seek reimbursement from the federal government. It is the intent of the legislature that the state general fund appropriation for the 2005-07 fiscal biennium for the forest practices program in the department be reduced by the amount not recovered through trust land management or reimbursement by the federal government.
     (15) $265,000 of the aquatic lands enhancement account appropriation is provided solely for developing a pilot project to study the feasibility of geoduck aquaculture on both intertidal and subtidal lands in the state of Washington.
     *Sec. 308 was partially vetoed. See message at end of chapter.

NEW SECTION.  Sec. 309   FOR THE DEPARTMENT OF AGRICULTURE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $7,444,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $7,244,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $10,068,000
General fund -- Private/Local Appropriation . . . . . . . . . . . . $1,110,000
Aquatic Lands Enhancement Account -- State
     Appropriation . . . . . . . . . . . . $1,942,000
Water Quality Account--State Appropriation . . . . . . . . . . . . $692,000
State Toxics Control Account -- State
     Appropriation . . . . . . . . . . . . $2,580,000
Water Quality Permit Account--State Appropriation . . . . . . . . . . . . $165,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $31,245,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $37,000 of the general fund -- state appropriation for fiscal year 2004 and $37,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for implementation of the Puget Sound work plan and agency action item WSDA-01.
     (2) Fees and assessments approved by the department in the 2003-05 biennium are authorized to exceed the fiscal growth factor under RCW 43.135.055.
     (3) $165,000 of the water quality permit account--state appropriation and $692,000 of the water quality account--state appropriation are provided solely to implement Engrossed Substitute Senate Bill No. 5889 (animal feeding operations), chapter 325, Laws of 2003.
     (4) $53,000 of the general fund--state appropriation for fiscal year 2004 and $15,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to implement Engrossed Substitute House Bill No. 1754 (chickens), chapter 397, Laws of 2003.

NEW SECTION.  Sec. 310   FOR THE WASHINGTON POLLUTION LIABILITY REINSURANCE PROGRAM
Pollution Liability Insurance Program Trust Account --
     State Appropriation . . . . . . . . . . . . $984,000

(End of part)


PART IV
TRANSPORTATION

NEW SECTION.  Sec. 401   FOR THE DEPARTMENT OF LICENSING
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $4,986,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $4,988,000
Architects' License Account -- State
     Appropriation . . . . . . . . . . . . $696,000
Cemetery Account -- State Appropriation . . . . . . . . . . . . $235,000
Professional Engineers' Account -- State
     Appropriation . . . . . . . . . . . . $3,025,000
Real Estate Commission Account -- State Appropriation . . . . . . . . . . . . $7,111,000
Master License Account -- State Appropriation . . . . . . . . . . . . $9,110,000
Uniform Commercial Code Account -- State
     Appropriation . . . . . . . . . . . . $2,987,000
Real Estate Education Account -- State
     Appropriation . . . . . . . . . . . . $277,000
Real Estate Appraisers Commission Account -- State
     Appropriation . . . . . . . . . . . . $927,000
Geologist's Account -- State
     Appropriation . . . . . . . . . . . . $7,000
Funeral Directors and Embalmers Account -- State
     Appropriation . . . . . . . . . . . . $521,000
Washington Real Estate Research Account--State
     Appropriation . . . . . . . . . . . . $308,000
Data Processing Revolving Account -- State
     Appropriation . . . . . . . . . . . . $29,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $35,207,000

     The appropriations in this section are subject to the following conditions and limitations: In accordance with RCW 43.24.086, it is the policy of the state of Washington that the cost of each professional, occupational, or business licensing program be fully borne by the members of that profession, occupation, or business. For each licensing program covered by RCW 43.24.086, the department shall set fees at levels sufficient to fully cover the cost of administering the licensing program, including any costs associated with policy enhancements funded in the 2003-05 fiscal biennium. Pursuant to RCW 43.135.055, during the 2003-05 fiscal biennium, the department may increase fees in excess of the fiscal growth factor if the increases are necessary to fully fund the costs of the licensing programs.

NEW SECTION.  Sec. 402   FOR THE STATE PATROL
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $20,005,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $18,855,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $4,240,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $378,000
Death Investigations Account -- State
     Appropriation . . . . . . . . . . . . $4,489,000
Public Safety and Education Account -- State
     Appropriation . . . . . . . . . . . . $20,852,000
Enhanced 911 Account -- State Appropriation . . . . . . . . . . . . $612,000
County Criminal Justice Assistance Account -- State
     Appropriation . . . . . . . . . . . . $2,649,000
Municipal Criminal Justice Assistance Account --
     State Appropriation . . . . . . . . . . . . $1,087,000
Fire Service Trust Account -- State
     Appropriation . . . . . . . . . . . . $125,000
Fire Service Training Account -- State
     Appropriation . . . . . . . . . . . . $7,374,000
State Toxics Control Account -- State
     Appropriation . . . . . . . . . . . . $436,000
Violence Reduction and Drug Enforcement Account --
     State Appropriation . . . . . . . . . . . . $286,000
Fingerprint Identification Account -- State
     Appropriation . . . . . . . . . . . . $4,405,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $85,793,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $750,000 of the fire service training account--state appropriation is provided solely for the implementation of Senate Bill No. 5176 (fire fighting training). If the bill is not enacted by June 30, 2003, the amount provided in this subsection shall lapse.
     (2) $200,000 of the fire service training account--state appropriation is provided solely for two FTE's in the office of state fire marshal 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.

(End of part)


PART V
EDUCATION

     *NEW SECTION.  Sec. 501   FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION

     (1) STATE AGENCY OPERATIONS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $11,772,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $11,761,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $15,921,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $39,454,000

     The appropriations in this section are subject to the following conditions and limitations:
     (a) $10,771,000 of the general fund -- state appropriation for fiscal year 2004 and $10,768,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the operation and expenses of the office of the superintendent of public instruction.
     (b) $428,000 of the general fund -- state appropriation for fiscal year 2004 and $428,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the operation and expenses of the state board of education, including basic education assistance activities.
     (c) $416,000 of the general fund -- state appropriation for fiscal year 2004 and $416,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the operation and expenses of the Washington professional educator standards board.
     (d) $157,000 of the general fund--state appropriation for fiscal year 2004 and $149,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the implementation of Substitute Senate Bill No. 5012 (charter schools). If the bill is not enacted by June 30, 2003, the amounts provided in this subsection shall lapse.
     (e) The department of social and health services, the office of the superintendent of public instruction, and the department of health should work together to identify opportunities for early intervention and prevention activities that can help prevent disease and reduce oral health issues among children. Disease prevention among infants at the age of one year and among children entering the K-12 education system provide cost-effective ways to avoid higher health spending later in life.

     (2) STATEWIDE PROGRAMS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $8,966,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $9,345,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $66,405,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $84,716,000

     The appropriations in this subsection are provided solely for the statewide programs specified in this subsection and are subject to the following conditions and limitations:
     (a) HEALTH AND SAFETY
     (i) A maximum of $2,541,000 of the general fund -- state appropriation for fiscal year 2004 and a maximum of $2,541,000 of the general fund -- state appropriation for fiscal year 2005 are provided for a corps of nurses located at educational service districts, as determined by the superintendent of public instruction, to be dispatched to the most needy schools to provide direct care to students, health education, and training for school staff.
     (ii) A maximum of $96,000 of the general fund -- state appropriation for fiscal year 2004 and a maximum of $96,000 of the general fund -- state appropriation for fiscal year 2005 are provided for the school safety center in the office of the superintendent of public instruction subject to the following conditions and limitations:
     (A) The safety center shall: Disseminate successful models of school safety plans and cooperative efforts; provide assistance to schools to establish a comprehensive safe school plan; select models of cooperative efforts that have been proven successful; act as an information dissemination and resource center when an incident occurs in a school district either in Washington or in another state; coordinate activities relating to school safety; review and approve manuals and curricula used for school safety models and training; and develop and maintain a school safety information web site.
     (B) The superintendent of public instruction shall participate in a school safety center advisory committee that includes representatives of educators, classified staff, principals, superintendents, administrators, the American society for industrial security, the state criminal justice training commission, and others deemed appropriate and approved by the school safety center advisory committee. Members of the committee shall be chosen by the groups they represent. In addition, the Washington association of sheriffs and police chiefs shall appoint representatives of law enforcement to participate on the school safety center advisory committee. The advisory committee shall select a chair.
     (C) The school safety center advisory committee shall develop a training program, using the best practices in school safety, for all school safety personnel.
     (iii) A maximum of $100,000 of the general fund--state appropriation for fiscal year 2004 and a maximum of $100,000 of the general fund--state appropriation for fiscal year 2005 are provided for a school safety training program provided by the criminal justice training commission subject to the following conditions and limitations:
     (A) The criminal justice training commission with assistance of the school safety center advisory committee established in section 2(b)(iii) of this section shall develop manuals and curricula for a training program for all school safety personnel.
     (B) The Washington state criminal justice training commission, in collaboration with the advisory committee, shall provide the school safety training for all school administrators and school safety personnel, including school safety personnel hired after the effective date of this section.
     (iv) $400,000 of the general fund -- federal appropriation transferred from the department of health is provided for a program that provides grants to school districts for media campaigns promoting sexual abstinence and addressing the importance of delaying sexual activity, pregnancy, and childbearing until individuals are ready to nurture and support their children. Grants to the school districts shall be for projects that are substantially designed and produced by students. The grants shall require a local private sector match equal to one-half of the state grant, which may include in-kind contribution of technical or other assistance from consultants or firms involved in public relations, advertising, broadcasting, and graphics or video production or other related fields.
     (v) $13,663,000 of the general fund--federal appropriation is provided for safe and drug free schools and communities grants for drug and violence prevention activities and strategies.
     (vi) A maximum of $146,000 of the general fund--state appropriation for fiscal year 2004 and a maximum of $146,000 of the general fund--state appropriation for fiscal year 2005 are provided for a nonviolence and leadership training program provided by the institute for community leadership. The program shall provide the following:
     (A) Statewide nonviolence leadership coaches training program for certification of educational employees and community members in nonviolence leadership workshops;
     (B) Statewide leadership nonviolence student exchanges, training, and speaking opportunities for student workshop participants; and
     (C) A request for proposal process, with up to 80 percent funding, for nonviolence leadership workshops serving at least 12 school districts with direct programming in 36 elementary, middle, and high schools throughout Washington state.
     (b) TECHNOLOGY
     A maximum of $1,939,000 of the general fund -- state appropriation for fiscal year 2004 and a maximum of $1,939,000 of the general fund -- state appropriation for fiscal year 2005 are provided for K-20 telecommunications network technical support in the K-12 sector to prevent system failures and avoid interruptions in school utilization of the data processing and video-conferencing capabilities of the network. These funds may be used to purchase engineering and advanced technical support for the network.
     (c) GRANTS AND ALLOCATIONS
     (i) $306,000 of the fiscal year 2004 appropriation and $689,000 of the fiscal year 2005 appropriation are provided solely for the special services pilot projects provided by Second Substitute House Bill No. 2012 (special services pilot program). The office of the superintendent of public instruction shall allocate these funds to the district or districts participating in the pilot program according to the provisions of section 2 subsection (4) of Second Substitute House Bill No. 2012, chapter 33, Laws of 2003.
     (ii) A maximum of $761,000 of the general fund -- state appropriation for fiscal year 2004 and a maximum of $757,000 of the general fund -- state appropriation for fiscal year 2005 are provided for alternative certification routes. Funds may be used by the professional educator standards board to continue existing alternative-route grant programs and to create new alternative-route programs in regions of the state with service shortages.
     (iii) A maximum of $31,000 of the general fund -- state appropriation for fiscal year 2004 and a maximum of $31,000 of the general fund -- state appropriation for fiscal year 2005 are provided for operation of the Cispus environmental learning center.
     (iv) A maximum of $1,224,000 of the general fund -- state appropriation for fiscal year 2004 and a maximum of $1,224,000 of the general fund -- state appropriation for fiscal year 2005 are provided for in-service training and educational programs conducted by the Pacific Science Center.
     (v) A maximum of $1,079,000 of the general fund -- state appropriation for fiscal year 2004 and a maximum of $1,079,000 of the general fund -- state appropriation for fiscal year 2005 are provided for the Washington state leadership assistance for science education reform (LASER) regional partnership coordinated at the Pacific Science Center.
     (vi) A maximum of $97,000 of the general fund -- state appropriation for fiscal year 2004 and a maximum of $97,000 of the general fund -- state appropriation for fiscal year 2005 are provided to support vocational student leadership organizations.
     (vii) A maximum of $146,000 of the general fund -- state appropriation for fiscal year 2004 and a maximum of $146,000 of the general fund -- state appropriation for fiscal year 2005 are provided for the Washington civil liberties education program.
     (viii) $500,000 of the general fund--state appropriation for fiscal year 2004 and $500,000 of the general fund--state appropriation for fiscal year 2005 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.
     (ix) $1,433,000 of the general fund -- federal appropriation is provided for the advanced placement fee program to increase opportunities for low-income students and under-represented populations to participate in advanced placement courses and to increase the capacity of schools to provide advanced placement courses to students.
     (x) $9,510,000 of the general fund -- federal appropriation is provided for comprehensive school reform demonstration projects to provide grants to low-income schools for improving student achievement through adoption and implementation of research-based curricula and instructional programs.
     (xi) $12,977,000 of the general fund -- federal appropriation is provided for 21st century learning center grants, providing after-school and inter-session activities for students.
     *Sec. 501 was partially vetoed. See message at end of chapter.

NEW SECTION.  Sec. 502   FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR GENERAL APPORTIONMENT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $3,969,407,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $3,977,209,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $7,946,616,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
     (2) Allocations for certificated staff salaries for the 2003-04 and 2004-05 school years shall be determined using formula-generated staff units calculated pursuant to this subsection. Staff allocations for small school enrollments in (d) through (f) of this subsection shall be reduced for vocational full-time equivalent enrollments. Staff allocations for small school enrollments in grades K-6 shall be the greater of that generated under (a) of this subsection, or under (d) and (e) of this subsection. Certificated staffing allocations shall be as follows:
     (a) On the basis of each 1,000 average annual full-time equivalent enrollments, excluding full-time equivalent enrollment otherwise recognized for certificated staff unit allocations under (c) through (f) of this subsection:
     (i) Four certificated administrative staff units per thousand full-time equivalent students in grades K-12;
     (ii) 49 certificated instructional staff units per thousand full-time equivalent students in grades K-3;
     (iii) Forty-six certificated instructional staff units per thousand full-time equivalent students in grades 4-12; and
     (iv) An additional 4.2 certificated instructional staff units for grades K-3 and an additional 7.2 certificated instructional staff units for grade 4. Any funds allocated for the additional certificated units provided in this subsection (iv) shall not be considered as basic education funding;
     (v) For class size reduction and expanded learning opportunities under the better schools program, an additional 0.8 certificated instructional staff units for the 2003-04 school year for grades K-4 per thousand full-time equivalent students. Funds allocated for these additional certificated units shall not be considered as basic education funding. The allocation may be used for reducing class sizes in grades K-4 or to provide additional classroom contact hours for kindergarten, before-and-after-school programs, weekend school programs, summer school programs, and intercession opportunities to assist elementary school students in meeting the essential academic learning requirements and student assessment performance standards. For purposes of this subsection, additional classroom contact hours provided by teachers beyond the normal school day under a supplemental contract shall be converted to a certificated full-time equivalent by dividing the classroom contact hours by 900.
     (A) Funds provided under this subsection (2)(a)(iv) and (v) in excess of the amount required to maintain the statutory minimum ratio established under RCW 28A.150.260(2)(b) shall be allocated only if the district documents an actual ratio in grades K-4 equal to or greater than 54.0 certificated instructional staff per thousand full-time equivalent students in the 2003-04 school year and 53.2 certificated instructional staff per thousand full-time equivalent students in the 2004-05 school year. For any school district documenting a lower certificated instructional staff ratio, the allocation shall be based on the district's actual grades K-4 certificated instructional staff ratio achieved in that school year, or the statutory minimum ratio established under RCW 28A.150.260(2)(b), if greater;
     (B) Districts at or above 51.0 certificated instructional staff per one thousand full-time equivalent students in grades K-4 may dedicate up to 1.3 of the 54.0 funding ratio in the 2003-04 school year, and up to 1.3 of the 53.2 funding ratio in the 2004-05 school year, to employ additional classified instructional assistants assigned to basic education classrooms in grades K-4. For purposes of documenting a district's staff ratio under this section, funds used by the district to employ additional classified instructional assistants shall be converted to a certificated staff equivalent and added to the district's actual certificated instructional staff ratio. Additional classified instructional assistants, for the purposes of this subsection, shall be determined using the 1989-90 school year as the base year;
     (C) Any district maintaining a ratio in grades K-4 equal to or greater than 54.0 certificated instructional staff per thousand full-time equivalent students in the 2003-04 school year and 53.2 certificated instructional staff per thousand full-time equivalent students in the 2004-05 school year may use allocations generated under this subsection (2)(a)(iv) and (v) in excess of that required to maintain the minimum ratio established under RCW 28A.150.260(2)(b) to employ additional basic education certificated instructional staff or classified instructional assistants in grades 5-6. Funds allocated under this subsection (2)(a)(iv) and (v) shall only be expended to reduce class size in grades K-6. No more than 1.3 of the certificated instructional funding ratio amount may be expended for provision of classified instructional assistants;
     (b) For school districts with a minimum enrollment of 250 full-time equivalent students whose full-time equivalent student enrollment count in a given month exceeds the first of the month full-time equivalent enrollment count by 5 percent, an additional state allocation of 110 percent of the share that such increased enrollment would have generated had such additional full-time equivalent students been included in the normal enrollment count for that particular month;
     (c)(i) On the basis of full-time equivalent enrollment in:
     (A) Vocational education programs approved by the superintendent of public instruction, a maximum of 0.92 certificated instructional staff units and 0.08 certificated administrative staff units for each 19.5 full-time equivalent vocational students; and
     (B) Skills center programs meeting the standards for skills center funding established in January 1999 by the superintendent of public instruction, 0.92 certificated instructional staff units and 0.08 certificated administrative units for each 16.67 full-time equivalent vocational students;
     (ii) Vocational full-time equivalent enrollment shall be reported on the same monthly basis as the enrollment for students eligible for basic support, and payments shall be adjusted for reported vocational enrollments on the same monthly basis as those adjustments for enrollment for students eligible for basic support; and
     (iii) Indirect cost charges by a school district to vocational-secondary programs shall not exceed 15 percent of the combined basic education and vocational enhancement allocations of state funds;
     (d) For districts enrolling not more than twenty-five average annual full-time equivalent students in grades K-8, and for small school plants within any school district which have been judged to be remote and necessary by the state board of education and enroll not more than twenty-five average annual full-time equivalent students in grades K-8:
     (i) For those enrolling no students in grades 7 and 8, 1.76 certificated instructional staff units and 0.24 certificated administrative staff units for enrollment of not more than five students, plus one-twentieth of a certificated instructional staff unit for each additional student enrolled; and
     (ii) For those enrolling students in grades 7 or 8, 1.68 certificated instructional staff units and 0.32 certificated administrative staff units for enrollment of not more than five students, plus one-tenth of a certificated instructional staff unit for each additional student enrolled;
     (e) For specified enrollments in districts enrolling more than twenty-five but not more than one hundred average annual full-time equivalent students in grades K-8, and for small school plants within any school district which enroll more than twenty-five average annual full-time equivalent students in grades K-8 and have been judged to be remote and necessary by the state board of education:
     (i) For enrollment of up to sixty annual average full-time equivalent students in grades K-6, 2.76 certificated instructional staff units and 0.24 certificated administrative staff units; and
     (ii) For enrollment of up to twenty annual average full-time equivalent students in grades 7 and 8, 0.92 certificated instructional staff units and 0.08 certificated administrative staff units;
     (f) For districts operating no more than two high schools with enrollments of less than three hundred average annual full-time equivalent students, for enrollment in grades 9-12 in each such school, other than alternative schools:
     (i) For remote and necessary schools enrolling students in any grades 9-12 but no more than twenty-five average annual full-time equivalent students in grades K-12, four and one-half certificated instructional staff units and one-quarter of a certificated administrative staff unit;
     (ii) For all other small high schools under this subsection, nine certificated instructional staff units and one-half of a certificated administrative staff unit for the first sixty average annual full time equivalent students, and additional staff units based on a ratio of 0.8732 certificated instructional staff units and 0.1268 certificated administrative staff units per each additional forty-three and one-half average annual full time equivalent students.
     Units calculated under (f)(ii) of this subsection shall be reduced by certificated staff units at the rate of forty-six certificated instructional staff units and four certificated administrative staff units per thousand vocational full-time equivalent students;
     (g) For each nonhigh school district having an enrollment of more than seventy annual average full-time equivalent students and less than one hundred eighty students, operating a grades K-8 program or a grades 1-8 program, an additional one-half of a certificated instructional staff unit; and
     (h) For each nonhigh school district having an enrollment of more than fifty annual average full-time equivalent students and less than one hundred eighty students, operating a grades K-6 program or a grades 1-6 program, an additional one-half of a certificated instructional staff unit.
     (3) Allocations for classified salaries for the 2003-04 and 2004-05 school years shall be calculated using formula-generated classified staff units determined as follows:
     (a) For enrollments generating certificated staff unit allocations under subsection (2)(d) through (h) of this section, one classified staff unit for each three certificated staff units allocated under such subsections;
     (b) For all other enrollment in grades K-12, including vocational full-time equivalent enrollments, one classified staff unit for each sixty average annual full-time equivalent students; and
     (c) For each nonhigh school district with an enrollment of more than fifty annual average full-time equivalent students and less than one hundred eighty students, an additional one-half of a classified staff unit.
     (4) Fringe benefit allocations shall be calculated at a rate of 9.68 percent in the 2003-04 school year and 9.68 percent in the 2004-05 school year for certificated salary allocations provided under subsection (2) of this section, and a rate of 12.25 percent in the 2003-04 school year and 12.25 percent in the 2004-05 school year for classified salary allocations provided under subsection (3) of this section.
     (5) Insurance benefit allocations shall be calculated at the maintenance rate specified in section 504(2) of this act, based on the number of benefit units determined as follows:
     (a) The number of certificated staff units determined in subsection (2) of this section; and
     (b) The number of classified staff units determined in subsection (3) of this section multiplied by 1.152. This factor is intended to adjust allocations so that, for the purposes of distributing insurance benefits, full-time equivalent classified employees may be calculated on the basis of 1440 hours of work per year, with no individual employee counted as more than one full-time equivalent.
     (6)(a) For nonemployee-related costs associated with each certificated staff unit allocated under subsection (2)(a), (b), and (d) through (h) of this section, there shall be provided a maximum of $8,785 per certificated staff unit in the 2003-04 school year and a maximum of $8,952 per certificated staff unit in the 2004-05 school year.
     (b) For nonemployee-related costs associated with each vocational certificated staff unit allocated under subsection (2)(c)(i)(A) of this section, there shall be provided a maximum of $21,573 per certificated staff unit in the 2003-04 school year and a maximum of $21,983 per certificated staff unit in the 2004-05 school year.
     (c) For nonemployee-related costs associated with each vocational certificated staff unit allocated under subsection (2)(c)(i)(B) of this section, there shall be provided a maximum of $16,739 per certificated staff unit in the 2003-04 school year and a maximum of $17,057 per certificated staff unit in the 2004-05 school year.
     (7) Allocations for substitute costs for classroom teachers shall be distributed at a maintenance rate of $531.09 for the 2003-04 and 2004-05 school years per allocated classroom teachers exclusive of salary increase amounts provided in section 504 of this act. Solely for the purposes of this subsection, allocated classroom teachers shall be equal to the number of certificated instructional staff units allocated under subsection (2) of this section, multiplied by the ratio between the number of actual basic education certificated teachers and the number of actual basic education certificated instructional staff reported statewide for the prior school year.
     (8) Any school district board of directors may petition the superintendent of public instruction by submission of a resolution adopted in a public meeting to reduce or delay any portion of its basic education allocation for any school year. The superintendent of public instruction shall approve such reduction or delay if it does not impair the district's financial condition. Any delay shall not be for more than two school years. Any reduction or delay shall have no impact on levy authority pursuant to RCW 84.52.0531 and local effort assistance pursuant to chapter 28A.500 RCW.
     (9) The superintendent may distribute a maximum of $6,392,000 outside the basic education formula during fiscal years 2004 and 2005 as follows:
     (a) For fire protection for school districts located in a fire protection district as now or hereafter established pursuant to chapter 52.04 RCW, a maximum of $495,000 may be expended in fiscal year 2004 and a maximum of $504,000 may be expended in fiscal year 2005;
     (b) For summer vocational programs at skills centers, a maximum of $2,035,000 may be expended for the 2004 fiscal year and a maximum of $2,035,000 for the 2005 fiscal year;
     (c) A maximum of $353,000 may be expended for school district emergencies; and
     (d) A maximum of $485,000 each fiscal year may be expended for programs providing skills training for secondary students who are enrolled in extended day school-to-work programs, as approved by the superintendent of public instruction. The funds shall be allocated at a rate not to exceed $500 per full-time equivalent student enrolled in those programs.
     (10) For purposes of RCW 84.52.0531, the increase per full-time equivalent student is 3.4 percent from the 2002-03 school year to the 2003-04 school year and 2.5 percent from the 2003-04 school year to the 2004-05 school year.
     (11) If two or more school districts consolidate and each district was receiving additional basic education formula staff units pursuant to subsection (2)(b) through (h) of this section, the following shall apply:
     (a) For three school years following consolidation, the number of basic education formula staff units shall not be less than the number of basic education formula staff units received by the districts in the school year prior to the consolidation; and
     (b) For the fourth through eighth school years following consolidation, the difference between the basic education formula staff units received by the districts for the school year prior to consolidation and the basic education formula staff units after consolidation pursuant to subsection (2)(a) through (h) of this section shall be reduced in increments of twenty percent per year.
     (12) $159,000 of the general fund--state appropriation for fiscal year 2004 and $1,181,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the implementation of Substitute Senate Bill No. 5012 (charter schools). If the bill is not enacted by June 30, 2003, the amounts provided in this subsection shall lapse.

NEW SECTION.  Sec. 503   FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- BASIC EDUCATION EMPLOYEE COMPENSATION. (1) The following calculations determine the salaries used in the general fund allocations for certificated instructional, certificated administrative, and classified staff units under section 502 of this act:
     (a) Salary allocations for certificated instructional staff units shall be determined for each district by multiplying the district's certificated instructional total base salary shown on LEAP Document 12E by the district's average staff mix factor for certificated instructional staff in that school year, computed using LEAP Document 1Sa for the 2003-04 school year and LEAP Document 1Sb for the 2004-05 school year; and
     (b) Salary allocations for certificated administrative staff units and classified staff units for each district shall be based on the district's certificated administrative and classified salary allocation amounts shown on LEAP Document 12E.
     (2) For the purposes of this section:
     (a) "LEAP Document 1Sa" means the computerized tabulation establishing staff mix factors for certificated instructional staff for the 2003-04 school year according to education and years of experience, as developed by the legislative evaluation and accountability program committee on March 31, 2003, at 09:06 hours;
     (b) "LEAP Document 1Sb" means the computerized tabulation establishing staff mix factors for certificated instructional staff for the 2004-05 school year according to education and years of experience, as developed by the legislative evaluation and accountability program committee on March 31, 2003, at 09:06 hours; and
     (c) "LEAP Document 12E" means the computerized tabulation of 2003-04 and 2004-05 school year salary allocations for certificated administrative staff and classified staff and derived and total base salaries for certificated instructional staff as developed by the legislative evaluation and accountability program committee on March 31, 2003, at 09:06 hours.
     (3) Incremental fringe benefit factors shall be applied to salary adjustments at a rate of 9.04 percent for school year 2003-04 and 9.04 percent for school year 2004-05 for certificated staff and for classified staff 8.75 percent for school year 2003-04 and 8.75 percent for the 2004-05 school year.
     (4)(a) Pursuant to RCW 28A.150.410, the following state-wide salary allocation schedules for certificated instructional staff are established for basic education salary allocations:

K-12 Salary Allocation Schedule For Certificated Instructional Staff
2003-04 School Year
Years of         MA+90
Service BA BA+15BA+30BA+45BA+90BA+135MAMA+45or PHD
           
0 29,149 29,936 30,752 31,568 34,192 35,881 34,947 37,570 39,262
1 29,540 30,339 31,165 32,019 34,669 36,350 35,335 37,985 39,665
2 30,060 30,870 31,709 32,633 35,289 36,995 35,901 38,556 40,262
3 30,747 31,574 32,429 33,392 36,069 37,833 36,630 39,306 41,071
4 31,285 32,151 33,017 34,018 36,724 38,510 37,208 39,914 41,701
5 31,840 32,716 33,594 34,655 37,365 39,196 37,798 40,509 42,340
6 32,251 33,108 34,016 35,131 37,827 39,667 38,213 40,910 42,750
7 33,139 34,012 34,937 36,118 38,868 40,769 39,185 41,934 43,836
8 34,202 35,122 36,069 37,348 40,135 42,106 40,414 43,202 45,172
9  36,272 37,266 38,591 41,443 43,481 41,656 44,510 46,548
10   38,477 39,898 42,788 44,894 42,964 45,855 47,960
11    41,243 44,196 46,344 44,309 47,263 49,410
12    42,545 45,642 47,854 45,707 48,708 50,921
13     47,123 49,401 47,154 50,189 52,467
14     48,611 51,006 48,644 51,775 54,073
15     49,876 52,333 49,908 53,121 55,479
16 or More   50,873 53,379 50,906 54,183 56,588

K-12 Salary Allocation Schedule For Certificated Instructional Staff
2004-05 School Year
Years of         MA+90
Service BABA+15BA+30BA+45BA+90BA+135MAMA+45or PHD
           
0 30,023 30,834 31,674 32,516 35,218 36,958 35,995 38,697 40,439
1 30,427 31,249 32,100 32,979 35,709 37,440 36,395 39,125 40,855
2 30,812 31,642 32,502 33,449 36,171 37,920 36,798 39,520 41,269
3 31,209 32,047 32,916 33,893 36,610 38,401 37,180 39,895 41,687
4 31,598 32,473 33,347 34,358 37,091 38,895 37,580 40,313 42,118
5 32,000 32,879 33,762 34,829 37,552 39,392 37,987 40,711 42,551
6 32,413 33,273 34,186 35,306 38,016 39,866 38,404 41,114 42,963
7 33,139 34,012 34,937 36,118 38,868 40,769 39,185 41,934 43,836
8 34,202 35,122 36,069 37,348 40,135 42,106 40,414 43,202 45,172
9  36,272 37,266 38,591 41,443 43,481 41,656 44,510 46,548
10   38,477 39,898 42,788 44,894 42,964 45,855 47,960
11    41,243 44,196 46,344 44,309 47,263 49,410
12    42,545 45,642 47,854 45,707 48,708 50,921
13     47,123 49,401 47,154 50,189 52,467
14     48,611 51,006 48,644 51,775 54,073
15     49,876 52,333 49,908 53,121 55,479
16 or More   50,873 53,379 50,906 54,183 56,588

     (b) As used in this subsection, the column headings "BA+(N)" refer to the number of credits earned since receiving the baccalaureate degree.
     (c) For credits earned after the baccalaureate degree but before the masters degree, any credits in excess of forty-five credits may be counted after the masters degree. Thus, as used in this subsection, the column headings "MA+(N)" refer to the total of:
     (i) Credits earned since receiving the masters degree; and
     (ii) Any credits in excess of forty-five credits that were earned after the baccalaureate degree but before the masters degree.
     (5) For the purposes of this section:
     (a) "BA" means a baccalaureate degree.
     (b) "MA" means a masters degree.
     (c) "PHD" means a doctorate degree.
     (d) "Years of service" shall be calculated under the same rules adopted by the superintendent of public instruction.
     (e) "Credits" means college quarter hour credits and equivalent in-service credits computed in accordance with RCW 28A.415.020 and 28A.415.023.
     (6) No more than ninety college quarter-hour credits received by any employee after the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in this act, or any replacement schedules and documents, unless:
     (a) The employee has a masters degree; or
     (b) The credits were used in generating state salary allocations before January 1, 1992.
     (7) The certificated instructional staff base salary specified for each district in LEAP Document 12E and the salary schedules in subsection (4)(a) of this section include two learning improvement days. A school district is eligible for the learning improvement day funds only if the learning improvement days have been added to the 180-day contract year. If fewer days are added, the additional learning improvement allocation shall be adjusted accordingly. The additional days shall be for activities related to improving student learning consistent with education reform implementation, and shall not be considered part of basic education. The length of a learning improvement day shall not be less than the length of a full day under the base contract. The superintendent of public instruction shall ensure that school districts adhere to the intent and purposes of this subsection.
     (8) The salary allocation schedules established in this section are for allocation purposes only except as provided in RCW 28A.400.200(2), subsection (7) of this section, and section 504(1) of this act.

NEW SECTION.  Sec. 504   FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $28,511,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $116,670,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $559,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $145,740,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $8,913,000 of the general fund--state appropriation for fiscal year 2004 and $20,238,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to provide a salary adjustment for state formula certificated instructional staff units in their first seven years of service. Consistent with the statewide certificated instructional staff salary allocation schedule in section 503 of this act, sufficient funding is provided to increase the salary of certificated instructional staff units in the 2003-04 school year and the 2004-05 school year by the following percentages: Three percent for certificated instructional staff in their first and second years of service; two and one-half percent for certificated instructional staff in their third year of service; one and one-half percent for certificated instructional staff in their fourth year of service; one percent for certificated instructional staff in their fifth year of service; and one-half of a percent for certificated instructional staff in their sixth and seventh years of service. These increases will take effect September 1, 2003 and September 1, 2004.
     (a) In order to receive funding provided in this subsection, school districts shall certify to the office of superintendent of public instruction that they will provide the percentage increases in the amounts specified in this subsection. In cases where a school district providing the increases in the amounts specified in this subsection would cause that school district to be out of compliance with RCW 28A.400.200, they may provide salary increases in different amounts but only to the extent necessary to come into compliance with RCW 28A.400.200. Funds provided in this subsection shall be used exclusively for providing the percentage increases specified in this subsection to the certificated staff units in their first seven years of service and shall not be used to supplant any other state or local funding for compensation for these staff.
     (b) The appropriations include associated incremental fringe benefit allocations at rates of 9.04 percent for school year 2003-04 and 9.04 percent for school year 2004-05 for certificated staff. Increases for general apportionment (basic education) are based on the salary allocation schedules and methodology in sections 502 and 503 of this act. Increases for special education result from increases in each district's basic education allocation per student. Increases for educational service districts and institutional education programs are determined by the superintendent of public instruction using the methodology for general apportionment salaries and benefits in sections 502 and 503 of this act.
     (2) The appropriations in this section provide salary adjustments and incremental fringe benefit allocations based on formula adjustments as follows:

School Year
2003-042004-05
Highly Capable (per formula student)$0.93$1.89
Transitional Bilingual Education (per eligible bilingual student)$2.45$4.97
Learning Assistance (per entitlement unit)$0.69$1.40

     (3) $116,483,000 is provided for adjustments to insurance benefit allocations. The maintenance rate for insurance benefit allocations is $457.07 per month for the 2003-04 and 2004-05 school years. The appropriations in this section provide for a rate increase to $481.31 per month for the 2003-04 school year and $570.74 per month for the 2004-05 school year at the following rates:

School Year
2003-042004-05
Pupil Transportation (per weighted pupil mile)$0.22$1.03
Highly Capable (per formula student)$1.52$7.00
Transitional Bilingual Education (per eligible bilingual student)$3.92$18.40
Learning Assistance (per entitlement unit)$3.08$14.46

     (4) The rates specified in this section are subject to revision each year by the legislature.

NEW SECTION.  Sec. 505   FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR PUPIL TRANSPORTATION
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $201,638,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $210,279,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $411,917,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
     (2) A maximum of $768,000 of this fiscal year 2004 appropriation and a maximum of $782,000 of the fiscal year 2005 appropriation may be expended for regional transportation coordinators and related activities. The transportation coordinators shall ensure that data submitted by school districts for state transportation funding shall, to the greatest extent practical, reflect the actual transportation activity of each district.
     (3) $5,000 of the fiscal year 2004 appropriation and $5,000 of the fiscal year 2005 appropriation are provided solely for the transportation of students enrolled in "choice" programs. Transportation shall be limited to low-income students who are transferring to "choice" programs solely for educational reasons.
     (4) Allocations for transportation of students shall be based on reimbursement rates of $39.21 per weighted mile in the 2003-04 school year and $39.43 per weighted mile in the 2004-05 school year exclusive of salary and benefit adjustments provided in section 504 of this act. Allocations for transportation of students transported more than one radius mile shall be based on weighted miles as determined by superintendent of public instruction multiplied by the per mile reimbursement rates for the school year pursuant to the formulas adopted by the superintendent of public instruction. Allocations for transportation of students living within one radius mile shall be based on the number of enrolled students in grades kindergarten through five living within one radius mile of their assigned school multiplied by the per mile reimbursement rate for the school year multiplied by 1.29.
     (5) Beginning with busses purchased on or after July 1, 2003, the office of superintendent of public instruction shall provide reimbursement funding to a school district only after the superintendent of public instruction determines that the school bus was purchased from the list established pursuant to RCW 28A.160.195(2) or a comparable competitive bid process based on the lowest price quote based on similar bus categories to those used to establish the list pursuant to RCW 28A.160.195. The competitive specifications shall meet federal motor vehicle safety standards, minimum state specifications as established by rule by the superintendent, and supported options as determined by the superintendent in consultation with the regional transportation coordinators of the educational service districts.

NEW SECTION.  Sec. 506   FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR SCHOOL FOOD SERVICE PROGRAMS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $3,100,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $3,100,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $272,069,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $278,269,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $3,000,000 of the general fund -- state appropriation for fiscal year 2004 and $3,000,000 of the general fund -- state appropriation for fiscal year 2005 are provided for state matching money for federal child nutrition programs.
     (2) $100,000 of the general fund -- state appropriation for fiscal year 2004 and $100,000 of the 2005 fiscal year appropriation are provided for summer food programs for children in low-income areas.

NEW SECTION.  Sec. 507   FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR SPECIAL EDUCATION PROGRAMS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $433,984,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $427,214,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $409,637,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $1,270,835,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) Funding for special education programs is provided on an excess cost basis, pursuant to RCW 28A.150.390. School districts shall ensure that special education students as a class receive their full share of the general apportionment allocation accruing through sections 502 and 504 of this act. To the extent a school district cannot provide an appropriate education for special education students under chapter 28A.155 RCW through the general apportionment allocation, it shall provide services through the special education excess cost allocation funded in this section.
     (2)(a) The superintendent of public instruction shall use the excess cost methodology developed and implemented for the 2001-02 school year using the S-275 personnel reporting system and all related accounting requirements to ensure that:
     (i) Special education students are basic education students first;
     (ii) As a class, special education students are entitled to the full basic education allocation; and
     (iii) Special education students are basic education students for the entire school day.
     (b) The S-275 and accounting changes in effect since the 2001-02 school year shall supercede any prior excess cost methodologies and shall be required of all school districts.
     (3) Each fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
     (4) The superintendent of public instruction shall distribute state and federal funds to school districts based on two categories: The optional birth through age two program for special education eligible developmentally delayed infants and toddlers, and the mandatory special education program for special education eligible students ages three to twenty-one. A "special education eligible student" means a student receiving specially designed instruction in accordance with a properly formulated individualized education program.
     (5)(a) For the 2003-04 and 2004-05 school years, the superintendent shall make allocations to each district based on the sum of:
     (i) A district's annual average headcount enrollment of developmentally delayed infants and toddlers ages birth through two, multiplied by the district's average basic education allocation per full-time equivalent student, multiplied by 1.15; and
     (ii) A district's annual average full-time equivalent basic education enrollment multiplied by the funded enrollment percent determined pursuant to subsection (6)(b) of this section, multiplied by the district's average basic education allocation per full-time equivalent student multiplied by 0.9309.
     (b) For purposes of this subsection, "average basic education allocation per full-time equivalent student" for a district shall be based on the staffing ratios required by RCW 28A.150.260 and shall not include enhancements, secondary vocational education, or small schools.
     (6) The definitions in this subsection apply throughout this section.
     (a) "Annual average full-time equivalent basic education enrollment" means the resident enrollment including students enrolled through choice (RCW 28A.225.225) and students from nonhigh districts (RCW 28A.225.210) and excluding students residing in another district enrolled as part of an interdistrict cooperative program (RCW 28A.225.250).
     (b) "Enrollment percent" means the district's resident special education annual average enrollment, excluding the birth through age two enrollment, as a percent of the district's annual average full-time equivalent basic education enrollment.
     Each district's general fund -- state funded special education enrollment shall be the lesser of the district's actual enrollment percent or 12.7 percent. Increases in enrollment percent from 12.7 percent to 13.0 percent shall be funded from the general fund -- federal appropriation.
     (7) At the request of any interdistrict cooperative of at least 15 districts in which all excess cost services for special education students of the districts are provided by the cooperative, the maximum enrollment percent shall be calculated in accordance with subsection (6)(b) of this section, and shall be calculated in the aggregate rather than individual district units. For purposes of this subsection, the average basic education allocation per full-time equivalent student shall be calculated in the aggregate rather than individual district units.
     (8) To the extent necessary, $25,746,000 of the general fund -- federal appropriation is provided for safety net awards for districts with demonstrated needs for state special education funding beyond the amounts provided in subsection (5) of this section. If safety net awards exceed the amount appropriated in this subsection (8), the superintendent shall expend all available federal discretionary funds necessary to meet this need. Safety net funds shall be awarded by the state safety net oversight committee subject to the following conditions and limitations:
     (a) The committee shall consider unmet needs for districts that can convincingly demonstrate that all legitimate expenditures for special education exceed all available revenues from state funding formulas. In the determination of need, the committee shall also consider additional available revenues from federal and local sources. Differences in program costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.
     (b) The committee shall then consider the extraordinary high cost needs of one or more individual special education students. Differences in costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.
     (c) The maximum allowable indirect cost for calculating safety net eligibility may not exceed the federal restricted indirect cost rate for the district plus one percent.
     (d) Safety net awards shall be adjusted based on the percent of potential medicaid eligible students billed as calculated by the superintendent in accordance with chapter 318, Laws of 1999.
     (e) Safety net awards must be adjusted for any audit findings or exceptions related to special education funding.
     (9) The superintendent of public instruction may adopt such rules and procedures as are necessary to administer the special education funding and safety net award process. Prior to revising any standards, procedures, or rules, the superintendent shall consult with the office of financial management and the fiscal committees of the legislature.
     (10) The safety net oversight committee appointed by the superintendent of public instruction shall consist of:
     (a) One staff from the office of superintendent of public instruction;
     (b) Staff of the office of the state auditor; and
     (c) One or more representatives from school districts or educational service districts knowledgeable of special education programs and funding.
     (11) A maximum of $678,000 may be expended from the general fund -- state appropriations to fund 5.43 full-time equivalent teachers and 2.1 full-time equivalent aides at children's orthopedic hospital and medical center. This amount is in lieu of money provided through the home and hospital allocation and the special education program.
     (12) $1,000,000 of the general fund -- federal appropriation is provided for projects to provide special education students with appropriate job and independent living skills, including work experience where possible, to facilitate their successful transition out of the public school system. The funds provided by this subsection shall be from federal discretionary grants.
     (13) The superintendent shall maintain the percentage of federal flow-through to school districts at 85 percent. In addition to other purposes, school districts may use increased federal funds for high-cost students, for purchasing regional special education services from educational service districts, and for staff development activities particularly relating to inclusion issues.
     (14) A maximum of $1,200,000 of the general fund -- federal appropriation may be expended by the superintendent for projects related to use of inclusion strategies by school districts for provision of special education services. The superintendent shall prepare an information database on laws, best practices, examples of programs, and recommended resources. The information may be disseminated in a variety of ways, including workshops and other staff development activities.
     (15) A school district may carry over from one year to the next year up to 10 percent of general fund -- state funds allocated under this program; however, carry over funds shall be expended in the special education program.

NEW SECTION.  Sec. 508   FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR EDUCATIONAL SERVICE DISTRICTS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $3,538,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $3,537,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $7,075,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The educational service districts shall continue to furnish financial services required by the superintendent of public instruction and RCW 28A.310.190 (3) and (4).
     (2) The educational service districts, at the request of the state board of education pursuant to RCW 28A.310.010 and 28A.310.340, may receive and screen applications for school accreditation, conduct school accreditation site visits pursuant to state board of education rules, and submit to the state board of education post-site visit recommendations for school accreditation. The educational service districts may assess a cooperative service fee to recover actual plus reasonable indirect costs for the purposes of this subsection.

NEW SECTION.  Sec. 509   FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR LOCAL EFFORT ASSISTANCE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $162,236,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $167,073,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $329,309,000

NEW SECTION.  Sec. 510   FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR INSTITUTIONAL EDUCATION PROGRAMS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $18,596,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $19,092,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $37,688,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) Each general fund -- state fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
     (2) State funding provided under this section is based on salaries and other expenditures for a 220-day school year. The superintendent of public instruction shall monitor school district expenditure plans for institutional education programs to ensure that districts plan for a full-time summer program.
     (3) State funding for each institutional education program shall be based on the institution's annual average full-time equivalent student enrollment. Staffing ratios for each category of institution shall remain the same as those funded in the 1995-97 biennium.
     (4) The funded staffing ratios for education programs for juveniles age 18 or less in department of corrections facilities shall be the same as those provided in the 1997-99 biennium.
     (5) $279,000 of the general fund -- state appropriation for fiscal year 2004 and $286,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely to maintain at least one certificated instructional staff and related support services at an institution whenever the K-12 enrollment is not sufficient to support one full-time equivalent certificated instructional staff to furnish the educational program. The following types of institutions are included: Residential programs under the department of social and health services for developmentally disabled juveniles, programs for juveniles under the department of corrections, and programs for juveniles under the juvenile rehabilitation administration.
     (6) Ten percent of the funds allocated for each institution may be carried over from one year to the next.

NEW SECTION.  Sec. 511   FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR PROGRAMS FOR HIGHLY CAPABLE STUDENTS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $6,597,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $6,614,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $13,211,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
     (2) Allocations for school district programs for highly capable students shall be distributed at a maximum rate of $334.89 per funded student for the 2003-04 school year and $334.89 per funded student for the 2004-05 school year, exclusive of salary and benefit adjustments pursuant to section 504 of this act. The number of funded students shall be a maximum of two percent of each district's full-time equivalent basic education enrollment.
     (3) $170,000 of the fiscal year 2004 appropriation and $170,000 of the fiscal year 2005 appropriation are provided for the centrum program at Fort Worden state park.
     (4) $90,000 of the fiscal year 2004 appropriation and $90,000 of the fiscal year 2005 appropriation are provided for the Washington destination imagination network and future problem-solving programs.

NEW SECTION.  Sec. 512   FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR MISCELLANEOUS PURPOSES UNDER THE ELEMENTARY AND SECONDARY SCHOOL IMPROVEMENT ACT AND THE NO CHILD LEFT BEHIND ACT
General Fund -- Federal Appropriation . . . . . . . . . . . . $46,198,000

NEW SECTION.  Sec. 513   FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- EDUCATION REFORM PROGRAMS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $39,107,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $36,501,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $128,402,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $204,010,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $310,000 of the general fund -- state appropriation for fiscal year 2004 and $310,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the academic achievement and accountability commission.
     (2) $16,050,000 of the general fund -- state appropriation for fiscal year 2004, $12,511,000 of the general fund -- state appropriation for fiscal year 2005, and $15,455,000 of the general fund -- federal appropriation are provided solely for development and implementation of the Washington assessments of student learning. Of the general fund--state amounts provided:
     (a) $222,000 in fiscal year 2004 and $244,000 in fiscal year 2005 are for providing high school students who are not successful in one or more content areas of the Washington assessment of student learning the opportunity to retake the test and $75,000 of the fiscal year 2004 appropriation is provided for developing alternative assessments as provided in Engrossed Substitute House Bill No. 2195 (state academic standards). If Engrossed Substitute House Bill No. 2195 is not enacted by June 30, 2003, the amounts in this subsection (a) shall lapse.
     (b) $300,000 in fiscal year 2004 is for independent research on the alignment and technical review of the reading, writing, and science content areas of the Washington assessment of student learning, as provided by Engrossed Substitute House Bill No. 2195 (state academic standards). If Engrossed Substitute House Bill No. 2195 is not enacted by June 30, 2003, the amount in this subsection (b) shall lapse.
     (3) $548,000 of the fiscal year 2004 general fund -- state appropriation and $548,000 of the fiscal year 2005 general fund -- state appropriation are provided solely for training of paraprofessional classroom assistants and certificated staff who work with classroom assistants as provided in RCW 28A.415.310.
     (4) $2,348,000 of the general fund -- state appropriation for fiscal year 2004 and $2,348,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for mentor teacher assistance, including state support activities, under RCW 28A.415.250 and 28A.415.260, and for a mentor academy. Up to $200,000 of the amount in this subsection may be used each fiscal year to operate a mentor academy to help districts provide effective training for peer mentors. Funds for the teacher assistance program shall be allocated to school districts based on the number of first year beginning teachers.
     (a) A teacher assistance program is a program that provides to a first year beginning teacher peer mentor services that include but are not limited to:
     (i) An orientation process and individualized assistance to help beginning teachers who have been hired prior to the start of the school year prepare for the start of a school year;
     (ii) The assignment of a peer mentor whose responsibilities to the beginning teacher include but are not limited to constructive feedback, the modeling of instructional strategies, and frequent meetings and other forms of contact;
     (iii) The provision by peer mentors of strategies, training, and guidance in critical areas such as classroom management, student discipline, curriculum management, instructional skill, assessment, communication skills, and professional conduct. A district may provide these components through a variety of means including one-on-one contact and workshops offered by peer mentors to groups, including cohort groups, of beginning teachers;
     (iv) The provision of release time, substitutes, mentor training in observation techniques, and other measures for both peer mentors and beginning teachers, to allow each an adequate amount of time to observe the other and to provide the classroom experience that each needs to work together effectively;
     (v) Assistance in the incorporation of the essential academic learning requirements into instructional plans and in the development of complex teaching strategies, including strategies to raise the achievement of students with diverse learning styles and backgrounds; and
     (vi) Guidance and assistance in the development and implementation of a professional growth plan. The plan shall include a professional self-evaluation component and one or more informal performance assessments. A peer mentor may not be involved in any evaluation under RCW 28A.405.100 of a beginning teacher whom the peer mentor has assisted through this program.
     (b) In addition to the services provided in (a) of this subsection, an eligible peer mentor program shall include but is not limited to the following components:
     (i) Strong collaboration among the peer mentor, the beginning teacher's principal, and the beginning teacher;
     (ii) Stipends for peer mentors and, at the option of a district, for beginning teachers. The stipends shall not be deemed compensation for the purposes of salary lid compliance under RCW 28A.400.200 and are not subject to the continuing contract provisions of Title 28A RCW; and
     (iii) To the extent that resources are available for this purpose and that assistance to beginning teachers is not adversely impacted, the program may serve second year and more experienced teachers who request the assistance of peer mentors.
     (5) $1,959,000 of the general fund -- state appropriation for fiscal year 2004 and $1,959,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for improving technology infrastructure, monitoring and reporting on school district technology development, promoting standards for school district technology, promoting statewide coordination and planning for technology development, and providing regional educational technology support centers, including state support activities, under chapter 28A.650 RCW. The superintendent of public instruction shall coordinate a process to facilitate the evaluation and provision of online curriculum courses to school districts which includes the following: Creation of a general listing of the types of available online curriculum courses; a survey conducted by each regional educational technology support center of school districts in its region regarding the types of online curriculum courses desired by school districts; a process to evaluate and recommend to school districts the best online courses in terms of curriculum, student performance, and cost; and assistance to school districts in procuring and providing the courses to students.
     (6) $3,594,000 of the general fund -- state appropriation for fiscal year 2004 and $3,594,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for grants to school districts to provide a continuum of care for children and families to help children become ready to learn. Grant proposals from school districts shall contain local plans designed collaboratively with community service providers. If a continuum of care program exists in the area in which the school district is located, the local plan shall provide for coordination with existing programs to the greatest extent possible. Grant funds shall be allocated pursuant to RCW 70.190.040.
     (7) $2,500,000 of the general fund -- state appropriation for fiscal year 2004 and $2,500,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the meals for kids program under RCW 28A.235.145 through 28A.235.155.
     (8) $705,000 of the general fund -- state appropriation for fiscal year 2004 and $705,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the leadership internship program for superintendents, principals, and program administrators.
     (9) A maximum of $250,000 of the general fund -- state appropriation for fiscal year 2004 and a maximum of $250,000 of the general fund -- state appropriation for fiscal year 2005 are provided for summer accountability institutes offered by the superintendent of public instruction and the academic achievement and accountability commission. The institutes shall provide school district staff with training in the analysis of student assessment data, information regarding successful district and school teaching models, research on curriculum and instruction, and planning tools for districts to improve instruction in reading, mathematics, language arts, and guidance and counseling.
     (10) $3,713,000 of the general fund -- state appropriation for fiscal year 2004 and $3,713,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the Washington reading corps subject to the following conditions and limitations:
     (a) Grants shall be allocated to schools and school districts to implement proven, research-based mentoring and tutoring programs in reading that may include research-based reading skills development software for low-performing students in grades K-6. If the grant is made to a school district, the principals of schools enrolling targeted students shall be consulted concerning design and implementation of the program.
     (b) The programs may be implemented before, after, or during the regular school day, or on Saturdays, summer, intercessions, or other vacation periods.
     (c) Two or more schools may combine their Washington reading corps programs.
     (d) A program is eligible for a grant if it meets the following conditions:
     (i) The program employs methods of teaching and student learning based on reliable reading/literacy research and effective practices;
     (ii) The program design is comprehensive and includes instruction, on-going student assessment, professional development, parental/community involvement, and program management aligned with the school's reading curriculum;
     (iii) It provides quality professional development and training for teachers, staff, and volunteer mentors and tutors;
     (iv) It has measurable goals for student reading aligned with the essential academic learning requirements;
     (v) It contains an evaluation component to determine the effectiveness of the program; and
     (vi) The program may include a software-based solution to increase the student/tutor ratio to a minimum of 5:1. The selected software program shall be scientifically researched-based.
     (e) Funding priority shall be given to low-performing schools.
     (f) Beginning and end-of-program testing data shall be available to determine the effectiveness of funded programs and practices. Common evaluative criteria across programs, such as grade-level improvements shall be available for each reading corps program. The superintendent of public instruction shall provide program evaluations to the governor and the appropriate committees of the legislature. Administrative and evaluation costs may be assessed from the annual appropriation for the program.
     (g) Grants provided under this section may be used by schools and school districts for expenditures from September 2003 through August 31, 2005.
     (11) $1,564,000 of the general fund -- state appropriation for fiscal year 2004 and $2,497,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for salary bonuses for teachers who attain certification by the national board for professional teaching standards, subject to the following conditions and limitations:
     (a) Teachers who hold a valid certificate from the national board during the 2003-04 or 2004-05 school years shall receive an annual bonus not to exceed $3,500 in each of these school years in which they hold a national board certificate.
     (b) The annual bonus shall be paid in a lump sum amount and shall not be included in the definition of "earnable compensation" under RCW 41.32.010(10).
     (12) $313,000 of the general fund -- state appropriation for fiscal year 2004 and $313,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for a principal support program. The office of the superintendent of public instruction may contract with an independent organization to administer the program. The program shall include: (a) Development of an individualized professional growth plan for a new principal or principal candidate; and (b) participation of a mentor principal who works over a period of between one and three years with the new principal or principal candidate to help him or her build the skills identified as critical to the success of the professional growth plan.
     (13) $126,000 of the general fund -- state appropriation for fiscal year 2004 and $126,000 of the general fund -- state appropriation for fiscal year 2005 are provided for the development and posting of web-based instructional tools, assessment data, and other information that assists schools and teachers implementing higher academic standards.
     (14) $3,046,000 of the general fund -- state appropriation for fiscal year 2004 and $3,046,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely to the office of the superintendent of public instruction for focused assistance. The office of the superintendent of public instruction shall conduct educational audits of low-performing schools and enter into performance agreements between school districts and the office to implement the recommendations of the audit and the community. Each educational audit shall include recommendations for best practices and ways to address identified needs and shall be presented to the community in a public meeting to seek input on ways to implement the audit and its recommendations.
     (15) $1,764,000 of the general fund -- state appropriation for fiscal year 2004 and $1,764,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the mathematics helping corps subject to the following conditions and limitations:
     (a) In order to increase the availability and quality of technical mathematics assistance statewide, the superintendent of public instruction shall employ mathematics school improvement specialists to provide assistance to schools and districts. The specialists shall be hired by and work under the direction of a statewide school improvement coordinator. The mathematics improvement specialists shall not be permanent employees of the superintendent of public instruction.
     (b) The school improvement specialists shall provide the following:
     (i) Assistance to schools to disaggregate student performance data and develop improvement plans based on those data;
     (ii) Consultation with schools and districts concerning their performance on the Washington assessment of student learning and other assessments emphasizing the performance on the mathematics assessments;
     (iii) Consultation concerning curricula that aligns with the essential academic learning requirements emphasizing the academic learning requirements for mathematics, the Washington assessment of student learning, and meets the needs of diverse learners;
     (iv) Assistance in the identification and implementation of research-based instructional practices in mathematics;
     (v) Staff training that emphasizes effective instructional strategies and classroom-based assessment for mathematics;
     (vi) Assistance in developing and implementing family and community involvement programs emphasizing mathematics; and
     (vii) Other assistance to schools and school districts intended to improve student mathematics learning.
     (16) $87,901,000 of the general fund -- federal appropriation is provided for preparing, training, and recruiting high quality teachers and principals under Title II of the no child left behind act.
     (17) $25,046,000 of the general fund -- federal appropriation is provided for the reading first program under Title I of the no child left behind act.

NEW SECTION.  Sec. 514   FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR TRANSITIONAL BILINGUAL PROGRAMS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $49,791,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $52,062,000
General Fund -- Federal Appropriation (FY 2005) . . . . . . . . . . . . $46,309,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $148,162,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
     (2) The superintendent shall distribute a maximum of $725.11 per eligible bilingual student in the 2003-04 school year and $725.11 in the 2004-05 school year, exclusive of salary and benefit adjustments provided in section 504 of this act.
     (3) The superintendent may withhold up to $700,000 in school year 2003-04 and up to $700,000 in school year 2004-05, and adjust the per eligible pupil rates in subsection (2) of this section accordingly, for the central provision of assessments as provided in RCW 28A.180.090 (1) and (2).
     (4) $70,000 of the amounts appropriated in this section are provided solely to develop a system for the tracking of current and former transitional bilingual program students.
     (5) The general fund -- federal appropriation in this section is provided for migrant education under Title I Part C and English language acquisition, and language enhancement grants under Title III of the elementary and secondary education act.

NEW SECTION.  Sec. 515   FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR THE LEARNING ASSISTANCE PROGRAM
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $65,385,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $64,051,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $307,178,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $436,614,000

     (1) The general fund -- state appropriations in this section are subject to the following conditions and limitations:
     (a) Each general fund -- state fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
     (b) Funding for school district learning assistance programs shall be allocated at maximum rates of $432.15 per funded unit for the 2003-04 school year and $433.03 per funded unit for the 2004-05 school year exclusive of salary and benefit adjustments provided under section 504 of this act.
     (c) For purposes of this section, "test results" refers to the district results from the norm-referenced test administered in the specified grade level. The norm-referenced test results used for the third and sixth grade calculations shall be consistent with the third and sixth grade tests required under RCW 28A.230.190 and 28A.230.193.
     (d) A school district's general fund -- state funded units shall be the sum of the following:
     (i) The district's full-time equivalent enrollment in grades K-6, multiplied by the 5-year average 4th grade lowest quartile test results as adjusted for funding purposes in the school years prior to 1999-2000, multiplied by 0.82. As the 3rd grade test becomes available, it shall be phased into the 5-year average on a 1-year lag;
     (ii) The district's full-time equivalent enrollment in grades 7-9, multiplied by the 5-year average 8th grade lowest quartile test results as adjusted for funding purposes in the school years prior to 1999-2000, multiplied by 0.82. As the 6th grade test becomes available, it shall be phased into the 5-year average for these grades on a 1-year lag;
     (iii) The district's full-time equivalent enrollment in grades 10-11 multiplied by the 5-year average 11th grade lowest quartile test results, multiplied by 0.82. As the 9th grade test becomes available, it shall be phased into the 5-year average for these grades on a 1-year lag;
     (iv) If, in the prior school year, the district's percentage of October headcount enrollment in grades K-12 eligible for free and reduced price lunch exceeded the state average, subtract the state average percentage of students eligible for free and reduced price lunch from the district's percentage and multiply the result by the district's K-12 annual average full-time equivalent enrollment for the current school year multiplied by 22.3 percent; and
     (v) In addition to amounts allocated under (d) of this subsection, for school districts in which the effective Title I Part A (basic program) increase is insufficient to cover the formula change in the multiplier from .92 to .82, a state allocation shall be provided that, when combined with the effective increase in federal Title I Part A (basic program) funds from the 2001-02 school year, is sufficient to cover this amount. The effective Title I Part A (basic program) increase is the current school year federal Title I Part A (basic program) allocation minus the 2001-02 school year federal Title I Part A (basic program) allocation, after the 2001-02 Title I Part A allocation has been inflated by three percent.
     (2) The general fund -- federal appropriation in this section is provided for Title I Part A allocations of the no child left behind act of 2001.

NEW SECTION.  Sec. 516   FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR STUDENT ACHIEVEMENT PROGRAM
Student Achievement Fund -- State
     Appropriation (FY 2004) . . . . . . . . . . . . $203,123,000
Student Achievement Fund -- State
     Appropriation (FY 2005) . . . . . . . . . . . . $195,080,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $398,203,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) Funding for school district student achievement programs shall be allocated at a maximum rate of $211.67 per FTE student for the 2003- 04 school year and $254.00 per FTE student for the 2004-05 school year. For the purposes of this section and in accordance with RCW 84.52.068, FTE student refers to the annual average full-time equivalent enrollment of the school district in grades kindergarten through twelve for the prior school year.
     (2) The appropriation is allocated for the following uses as specified in RCW 28A.505.210:
     (a) To reduce class size by hiring certificated elementary classroom teachers in grades K-4 and paying nonemployee-related costs associated with those new teachers;
     (b) To make selected reductions in class size in grades 5-12, such as small high school writing classes;
     (c) To provide extended learning opportunities to improve student academic achievement in grades K-12, including, but not limited to, extended school year, extended school day, before-and-after-school programs, special tutoring programs, weekend school programs, summer school, and all-day kindergarten;
     (d) To provide additional professional development for educators including additional paid time for curriculum and lesson redesign and alignment, training to ensure that instruction is aligned with state standards and student needs, reimbursement for higher education costs related to enhancing teaching skills and knowledge, and mentoring programs to match teachers with skilled, master teachers. The funding shall not be used for salary increases or additional compensation for existing teaching duties, but may be used for extended year and extended day teaching contracts;
     (e) To provide early assistance for children who need prekindergarten support in order to be successful in school; or
     (f) To provide improvements or additions to school building facilities which are directly related to the class size reductions and extended learning opportunities under (a) through (c) of this subsection (2).
     (3) For the 2003-04 school year, the office of the superintendent of public instruction shall distribute ten percent of the school year allocation to districts each month for the months of September through June. For the 2004-05 school year, the superintendent of public instruction shall distribute the school year allocation according to the monthly apportionment schedule defined in RCW 28A.510.250.

NEW SECTION.  Sec. 517   K-12 CARRYFORWARD AND PRIOR SCHOOL YEAR ADJUSTMENTS. State general fund appropriations provided to the superintendent of public instruction for state entitlement programs in the public schools in this part V of this act may be expended as needed by the superintendent for adjustments to apportionment for prior fiscal periods. Recoveries of state general fund moneys from school districts and educational service districts for a prior fiscal period shall be made as reductions in apportionment payments for the current fiscal period and shall be shown as prior year adjustments on apportionment reports for the current period. Such recoveries shall not be treated as revenues to the state, but as a reduction in the amount expended against the appropriation for the current fiscal period.

(End of part)


PART VI
HIGHER EDUCATION

NEW SECTION.  Sec. 601   The appropriations in sections 603 through 609 of this act are subject to the following conditions and limitations:
     (1) "Institutions" means the institutions of higher education receiving appropriations under sections 603 through 609 of this act.
     (2)(a) The salary increases provided or referenced in this subsection shall be the only allowable salary increases provided at institutions of higher education, excluding increases associated with normally occurring promotions and increases related to faculty and professional staff retention, and excluding increases associated with employees under the jurisdiction of chapter 41.56 RCW pursuant to the provisions of RCW 28B.16.015 and 28B.50.874(1).
     (b) For employees under the jurisdiction of chapter 41.56 RCW pursuant to the provisions of RCW 28B.16.015 and 28B.50.874(1), salary increases will be in accordance with the applicable collective bargaining agreement. However, an increase shall not be provided to any classified employee whose salary is above the approved salary range maximum for the class to which the employee's position is allocated.
     (c) Each institution of higher education receiving appropriations for salary increases under sections 604 through 609 of this act may provide additional salary increases from other sources to instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015. Any additional salary increase granted under the authority of this subsection (2)(c) shall not be included in an institution's salary base for future state funding. It is the intent of the legislature that general fund -- state support for an institution shall not increase during the current or any future biennium as a result of any salary increases authorized under this subsection (2)(c).
     (d) The legislature, the office of financial management, and other state agencies need consistent and accurate personnel data from institutions of higher education for policy planning purposes. Institutions of higher education shall report personnel data to the department of personnel for inclusion in the department's data warehouse. Uniform reporting procedures shall be established by the department of personnel for use by the reporting institutions, including provisions for common job classifications and common definitions of full-time equivalent staff. Annual contract amounts, number of contract months, and funding sources shall be consistently reported for employees under contract.
     (3) The tuition fees, as defined in chapter 28B.15 RCW, charged to full-time students at the state's institutions of higher education for the 2003-04 and 2004-05 academic years, other than the summer term, shall be adjusted by the governing boards of the state universities, regional universities, The Evergreen State College, and the state board for community and technical colleges. Tuition fees may be increased in excess of the fiscal growth factor.
     For the 2003-04 academic year, the governing boards of the state universities, regional universities, The Evergreen State College, and the state board for community and technical colleges may implement an increase no greater than seven percent over tuition fees charged to full-time resident undergraduate students for the 2002-03 academic year.
     For the 2004-05 academic year, the governing boards of the state universities, regional universities, The Evergreen State College, and the state board for community and technical colleges may implement an increase no greater than seven percent over tuition fees charged to full-time resident undergraduate students for the 2003-04 academic year.
     (4) For the 2003-05 biennium, the state board for community and technical colleges may increase tuition fees differentially based on student credit hour load at their discretion.
     (5) For the 2003-05 biennium, the governing boards and the state board may adjust full-time operating fees for factors that may include time of day and day of week, as well as delivery method and campus, to encourage full use of the state's educational facilities and resources.
     (6) For the 2004-05 academic year, the legislature hereby lowers the limit on total gross authorized operating fees revenue waived, exempted, or reduced by state institutions of higher education pursuant to RCW 28B.15.910 as follows:
     (a) University of Washington, 20.48 percent
     (b) Washington State University, 19.5 percent
     (c) Eastern Washington University, 10.73 percent
     (d) Central Washington University, 7.8 percent
     (e) Western Washington University, 9.75 percent
     (f) The Evergreen State College, 5.85 percent
     (g) Community colleges as a whole, 33.6 percent.
     Further, the governing boards and the state board are encouraged to reduce waiver activity in recognition of the need to retain available resources to preserve the educational quality of higher education institutions. State general fund appropriations shall not be provided to replace tuition and fee revenue foregone as a result of waivers granted under authority of RCW 28B.15.915.
     (7) In addition to waivers granted under the authority of RCW 28B.15.910, the governing boards and the state board may waive all or a portion of operating fees for any student. State general fund appropriations shall not be provided to replace tuition and fee revenue foregone as a result of waivers granted under this subsection.
     (8) Pursuant to RCW 43.135.055, institutions of higher education receiving appropriations under sections 603 through 609 of this act are authorized to increase summer term tuition in excess of the fiscal growth factor during the 2003-05 biennium. Tuition levels increased pursuant to this subsection shall not exceed the per credit hour rate calculated from the academic year tuition levels adopted under this act.
     (9) Community colleges may increase services and activities fee charges in excess of the fiscal growth factor up to the maximum level authorized by the state board for community and technical colleges.
     (10) Each institution receiving appropriations under sections 604 through 609 of this act shall submit a biennial plan to achieve measurable and specific improvements each academic year as part of a continuing effort to make meaningful and substantial progress towards the achievement of long-term performance goals. The plans, to be prepared at the direction of the higher education coordinating board, shall be submitted by August 15, 2003. The higher education coordinating board shall set biennial performance targets for each institution and shall review actual achievements annually. Institutions shall track their actual performance on the statewide measures as well as faculty productivity, the goals and targets for which may be unique to each institution. A report on progress towards statewide and institution-specific goals, with recommendations for the ensuing biennium, shall be submitted to the fiscal and higher education committees of the legislature by November 15, 2005.
     (11) The state board for community and technical colleges shall develop a biennial plan to achieve measurable and specific improvements each academic year as part of a continuing effort to make meaningful and substantial progress to achieve long-term performance goals. The board shall set biennial performance targets for each college or district, where appropriate, and shall review actual achievements annually. Colleges shall track their actual performance on the statewide measures. A report on progress towards the statewide goals, with recommendations for the ensuing biennium, shall be submitted to the fiscal and higher education committees of the legislature by November 15, 2005.

NEW SECTION.  Sec. 602   (1) The appropriations in sections 603 through 610 of this act provide state general fund support for full-time equivalent student enrollments at each institution of higher education. Listed below are the annual full-time equivalent student enrollments by institutions assumed in this act.

 2003-04
Annual
Average
2004-05
Annual
Average
University of Washington  
   
Main campus32,42732,427
Bothell branch1,2351,235
Tacoma branch1,4841,484
   
Washington State University  
   
Main campus17,34817,364
Spokane branch593593
Tri-Cities branch616616
Vancouver branch1,1531,153
   
Central Washington University7,6667,666
Eastern Washington University8,0178,017
The Evergreen State College3,8373,837
Western Washington University11,12611,126
State Board for Community and Technical Colleges126,070126,070
Higher Education Coordinating Board246500

     (2)(a) In addition to the annual full-time equivalent student enrollments enumerated in this section, funding is provided in (i) section 603 of this act for additional community or technical college full-time equivalent student enrollments in high-demand fields of study and (ii) section 722 of this act (special appropriations to the governor) for additional full-time equivalent transfer student enrollments with junior-class standing.
     (b) For the state universities, the number of full-time equivalent student enrollments enumerated in this section for the branch campuses are the minimum required enrollment levels for those campuses. At the start of an academic year, the governing board of a state university may transfer full-time equivalent student enrollments from the main campus to one or more branch campus. Intent notice shall be provided to the office of financial management and reassignment of funded enrollment is contingent upon satisfying data needs of the forecast division who is responsible to track and monitor state-supported college enrollment.

NEW SECTION.  Sec. 603   FOR THE STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $507,960,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $517,854,000
Administrative Contingency Account--State
     Appropriation . . . . . . . . . . . . $3,200,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $1,029,014,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The technical colleges may increase tuition and fees in excess of the fiscal growth factor to conform with the percentage increase in community college operating fees.
     (2) $1,250,000 of the general fund -- state appropriation for fiscal year 2004 and $1,250,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely to increase salaries and related benefits for part-time faculty. The board shall report by January 30, 2004, to the office of financial management and legislative fiscal and higher education committees on (a) the distribution of state funds; and (b) wage adjustments for part-time faculty.
     (3) $1,250,000 of the general fund--state appropriation for fiscal year 2004 and $1,250,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for faculty salary increments and associated benefits and may be used in combination with salary and benefit savings from faculty turnover to provide salary increments and associated benefits.
     (4) $1,000,000 of the general fund -- state appropriation for fiscal year 2004 and $1,000,000 of the general fund -- state appropriation for fiscal year 2005 are provided for a program to fund the start-up of new community and technical college programs in rural counties as defined under RCW 43.160.020(12) and in communities impacted by business closures and job reductions. Successful proposals must respond to local economic development strategies and must include a plan to continue programs developed with this funding.
     (5) $675,000 of the general fund--state appropriation for fiscal year 2004 and $675,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for allocation to Clark Community College and Lower Columbia Community College to prepare a total of 168 full-time equivalent students for transfer to the engineering and science institute at the Vancouver branch campus of Washington State University. The appropriations in this section are intended to supplement, not supplant, general enrollment allocations by the board to districts named in this subsection.
     (6) $640,000 of the general fund -- state appropriation for fiscal year 2004 and $640,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for allocation to twelve college districts identified in (a) through (l) of this subsection to prepare students for transfer to the state technology institute at the Tacoma branch campus of the University of Washington. The appropriations in this section are intended to supplement, not supplant, general enrollment allocations by the board to the districts under (a) through (l) of this subsection:
     (a) Bates Technical College;
     (b) Bellevue Community College;
     (c) Centralia Community College;
     (d) Clover Park Community College;
     (e) Grays Harbor Community College;
     (f) Green River Community College;
     (g) Highline Community College;
     (h) Tacoma Community College;
     (i) Olympic Community College;
     (j) Pierce District;
     (k) Seattle District; and
     (l) South Puget Sound Community College.
     (7) $28,761,000 of the general fund -- state appropriation for fiscal year 2004 and $28,761,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely as special funds for training and related support services, including financial aid, as specified in chapter 226, Laws of 1993 (employment and training for unemployed workers). Funding is provided to support up to 6,200 full-time equivalent students in each fiscal year.
     (8) $1,000,000 of the general fund -- state appropriation for fiscal year 2004 and $1,000,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for tuition support for students enrolled in work-based learning programs.
     (9) $2,950,000 of the administrative contingency account--state appropriation is provided solely for administration and customized training contracts through the job skills program, which shall be made available broadly and not to the exclusion of private nonprofit baccalaureate degree granting institutions or vocational arts career schools operating in Washington state who partner with a firm, hospital, group, or industry association concerned with commerce, trade, manufacturing, or the provision of services to train current or prospective employees. The state board shall make an annual report by January 1 of each fiscal year to the governor and appropriate policy and fiscal committees of the legislature regarding the implementation of this section listing the scope of grant awards, the distribution of funds by educational sector and region of the state, as well as successful partnerships being supported by these state funds.
     (10) $250,000 of the administrative contingency account--state appropriation is provided solely and on a one-time basis to start up a college district consortium organized under the name "alliance for corporate education." Financial operations shall be self-sustaining by no later than June 30, 2005, after which time any amount remaining unexpended from this amount shall lapse.
     (11) $50,000 of the general fund -- state appropriation for fiscal year 2004 and $50,000 of the general fund -- state appropriation for fiscal year 2005 are solely for higher education student child care matching grants under chapter 28B.135 RCW.
     (12) $212,000 of the general fund -- state appropriation for fiscal year 2004 and $212,000 of the general fund -- state appropriation for fiscal year 2005 are provided for allocation to Olympic college. The college shall contract with accredited baccalaureate institution(s) to bring a program of upper-division courses to Bremerton. The state board for community and technical colleges shall report to the office of financial management and the fiscal and higher education committees of the legislature on the implementation of this subsection by December 1st of each fiscal year.
     (13) $6,304,000 of the general fund--state appropriation for fiscal year 2004 and $6,305,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to expand enrollment in high-demand fields.
     (a) High-demand fields means (i) health services, (ii) applied science and engineering, (iii) viticulture and enology, and (iv) expansion of worker retraining programs. The state board shall allocate resources among the four areas specified in this subsection and shall manage a competitive process for awarding resources for health services, viticulture, enology, and applied science and engineering programs.
     (b) The state board shall provide information on the number of additional headcount and full-time equivalent students enrolled in high-demand fields by November 1 of each fiscal year to the office of financial management and the fiscal and higher education committees of the legislature.
     (14) $111,000 of the general fund--state appropriation for fiscal year 2004 and $86,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to support the development of a comprehensive viticulture (grape growing) and enology (wine making) higher education program in Washington state. From these sums, the state board shall allocate:
     (a) $75,000 a year to Walla Walla community college for its associate science and associate arts degree programs for the purpose of vineyard and wine-making equipment purchases, student labor, instructional supplies, field work, and travel expenses;          
     (b) $25,000 on a one-time basis to Wenatchee community college for the purpose of adapting its orchard employee educational program; and
     (c) $22,000 on a one-time basis to Yakima Valley community college for the purpose of vineyard and wine-making equipment and supply purchases.
     The college districts named in this subsection are encouraged to seek a portion of the high-demand student enrollment funding made available on a competitive basis through the state board to address their respective need for additional instructors and professional staff.

NEW SECTION.  Sec. 604   FOR THE UNIVERSITY OF WASHINGTON
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $311,628,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $319,584,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $300,000
Death Investigations Account -- State
     Appropriation . . . . . . . . . . . . $261,000
Accident Account -- State Appropriation . . . . . . . . . . . . $5,937,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $5,960,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $643,670,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $1,875,000 of the general fund -- state appropriation for fiscal year 2004 and $1,875,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely to create a state resource for technology education in the form of an institute located at the University of Washington, Tacoma. The university will continue to provide undergraduate and graduate degree programs meeting regional technology needs including, but not limited to, computing and software systems. As a condition of these appropriations:
     (a) The university will work with the state board for community and technical colleges, or individual colleges where necessary, to establish articulation agreements in addition to the existing associate of arts and associate of science transfer degrees. Such agreements shall improve the transferability of students and in particular, students with substantial applied information technology credits.
     (b) The university will establish performance measures for recruiting, retaining and graduating students, including nontraditional students, and report back to the governor and legislature by September 2004 as to its progress and future steps.
     (2) $150,000 of the general fund -- state appropriation for fiscal year 2004 and $150,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for research faculty clusters in the advanced technology initiative program.
     (3) The entire death investigations account appropriation is provided for the forensic pathologist fellowship program.
     (4) $150,000 of the general fund -- state appropriation for fiscal year 2004 and $150,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the implementation of the Puget Sound work plan and agency action item UW-01.
     (5) $75,000 of the general fund -- state appropriation for fiscal year 2004 and $75,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the Olympic natural resources center.
     (6) $1,526,000 of the general fund--state appropriation for fiscal year 2004 and $3,096,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for competitively offered recruitment and retention salary adjustments for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments.
     (7) $1,250,000 of the general fund--state appropriation for fiscal year 2004 and $1,250,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for state match to attract or retain federal research grants in high demand and technologically advanced fields.
     (8) $300,000 of the general fund--private/local appropriation is provided solely for shellfish biotoxin monitoring as specified in Chapter 263, Laws of 2003 (SSB 6073, shellfish license fee).

NEW SECTION.  Sec. 605   FOR WASHINGTON STATE UNIVERSITY
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $185,265,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $189,954,000
Washington State University Building Account--
     State Appropriation . . . . . . . . . . . . $150,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $375,369,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $507,000 of the general fund--state appropriation for fiscal year 2004 and $1,014,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to expand the entering class of veterinary medicine students by 16 full-time equivalent residents each academic year during the 2003-05 biennium.
     (2) $657,000 of the general fund--state appropriation for fiscal year 2004, $180,000 of the general fund--state appropriation for fiscal year 2005, and the entire Washington state university building account appropriation are provided solely to support the development of a comprehensive viticulture (grape growing) and enology (wine making) higher education program in Washington state. In consideration of these appropriations, the legislature intends to provide ongoing support of not less than $180,000 a year for extension field personnel and services. The balance of the amount provided from the fiscal year 2004 appropriation is provided on a one-year basis to enable the university to appoint jointly shared faculty between the Pullman main campus and its branch campus in the TriCities. The legislature expects the university to meet ongoing faculty, staff, and related expenses to support the delivery of baccalaureate degree programs in viticulture and enology by making a successful bid for a portion of high-demand enrollment funding that will be distributed on a competitive basis by the state higher education coordinating board for student instruction pursuant to section 610(3) of this act.
     (3) $675,000 of the general fund--state appropriation for fiscal year 2004 and $675,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for allocation in full to the branch campus in Vancouver to create and operate a state institute for engineering and science in partnership with Clark and Lower Columbia community colleges and regional industry leaders in southwest Washington. As a condition of this appropriation, the university shall develop and provide to the satisfaction of the office of financial management a business plan for the new institute. The university, together with its two-year college and industry partners, shall provide the governor, legislature, and state higher education coordinating board with an annual summary of its progress to produce more graduates trained in applied science technologies and engineering. Annual reports to inform and advise policymakers of the partners' success, emerging issues, and resource needs if any shall occur by no later than November 15 during the 2003-05 biennium.
     (4) $150,000 of the general fund -- state appropriation for fiscal year 2004 and $150,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for research faculty clusters in the advanced technology initiative program.
     (5) $165,000 of the general fund -- state appropriation for fiscal year 2004 and $166,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the implementation of the Puget Sound work plan and agency action item WSU-01.
     (6) $949,000 of the general fund--state appropriation for fiscal year 2004 and $1,927,000 of general fund--state appropriation for fiscal year 2005 are provided solely for competitively offered recruitment and retention salary adjustments for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments.

NEW SECTION.  Sec. 606   FOR EASTERN WASHINGTON UNIVERSITY
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $40,861,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $42,183,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $83,044,000

     The appropriations in this section are subject to the following conditions and limitations: $248,000 of the general fund--state appropriation for fiscal year 2004 and $503,000 of general fund--state appropriation for fiscal year 2005 are provided solely for competitively offered recruitment and retention salary adjustments for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments.

NEW SECTION.  Sec. 607   FOR CENTRAL WASHINGTON UNIVERSITY
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $39,765,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $41,391,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $81,156,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $1,050,000 of the general fund--state appropriation for fiscal year 2004 and $1,050,000 of the general fund--state appropriation for fiscal year 2005 are provided to expand university enrollment by 196 full-time equivalent students.
     (2) $206,000 of the general fund--state appropriation for fiscal year 2004 and $418,000 of general fund--state appropriation for fiscal year 2005 are provided solely for competitively offered recruitment and retention salary adjustments for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments.

NEW SECTION.  Sec. 608   FOR THE EVERGREEN STATE COLLEGE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $22,881,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $23,618,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $46,499,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $124,000 of the general fund--state appropriation for fiscal year 2004 and $252,000 of general fund--state appropriation for fiscal year 2005 are provided solely for competitively offered recruitment and retention salary adjustments for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments.
     (2) The Washington state institute for public policy shall research the following issues and provide reports to the legislature as directed. The institute board shall prioritize and schedule all studies based on staff capacity.
     (a) $110,000 of the general fund--state appropriation for fiscal year 2004 is provided solely for the Washington state institute for public policy to review research assessing the effectiveness of prevention and early intervention programs concerning children and youth, including but not limited to, programs designed to reduce the at-risk behaviors for children and youth identified in RCW 70.190.010(4).
     Using this research, the institute shall identify specific research-proven programs that produce a positive return on the dollar compared to the costs of the program. The institute shall also develop criteria designed to ensure quality implementation and program fidelity of research-proven programs in the state. The criteria shall include measures for ongoing monitoring and continual improvement of treatment delivery, and shall be feasible for inclusion in a contract for services. The institute shall develop recommendations for potential state legislation that encourages local government investment in research-proven prevention and early intervention programs by reimbursing local governments for a portion of the savings that accrue to the state as the result of local investments in such programs. The institute shall present a preliminary report of its findings to the appropriate committees of the legislature by December 1, 2003, and shall present a final report by March 1, 2004.
     (b) $26,000 of the general fund--state appropriation for fiscal year 2004 is provided solely for the Washington state institute for public policy to develop adherence and outcome standards for measuring the effectiveness of treatment programs referred to in Chapter 378, Laws of 2003 (ESSB 5903). The standards shall be developed and presented to the governor and legislature by no later than January 1, 2004.
     (c) $100,000 of the general fund--state appropriation for fiscal year 2004 is provided solely for the Washington state institute for public policy to study the relationship between prison overcrowding and construction, and the current state criminal sentencing structure.
     (i) The institute shall determine whether any changes could be made to the current state sentencing structure to address prison overcrowding and the need for new prison construction, giving great weight to the primary purposes of the criminal justice system. These purposes include: Protecting community safety; making frugal use of state and local government resources by concentrating resources on violent offenders and sex offenders who pose the greatest risk to our communities; achieving proportionality in sentencing; and reducing the risk of reoffending by offenders in the community.
     (ii) In developing its research plan, the institute may consult with the sentencing guidelines commission, the caseload forecast council, and interested stakeholders.
     (iii) The institute for public policy shall present a preliminary report of its findings to the governor and to the appropriate standing committees of the legislature by December 15, 2003, and shall present a final report regarding its findings and recommendations by March 15, 2004.
     (d) $12,000 of the general fund--state appropriation for fiscal year 2004 and $12,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the Washington state institute for public policy to examine the results of the changes in earned release under Chapter 379, Laws of 2003 (ESSB 5990). The study shall determine whether the changes in earned release affect the rate of recidivism or the type of offenses committed by persons whose release dates were affected by the changes under the bill. The institute shall report its findings to the governor and appropriate committees of the legislature by no later than December 1, 2008.
     (e) $25,000 of the general fund--state appropriation for fiscal year 2004 and $25,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for the institute for public policy to conduct the evaluation outlined in Substitute Senate Bill No. 5012 (charter schools). If the bill is not enacted by June 30, 2003, the amounts provided in this subsection shall lapse.

NEW SECTION.  Sec. 609   FOR WESTERN WASHINGTON UNIVERSITY
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $53,645,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $55,537,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $109,182,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $980,400 of the general fund -- state appropriation for fiscal year 2004 and $980,400 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the operations of the North Snohomish, Island, Skagit (NSIS) higher education consortium.
     (2) $248,000 of the general fund--state appropriation for fiscal year 2004 and $503,000 of general fund--state appropriation for fiscal year 2005 are provided solely for competitively offered recruitment and retention salary adjustments for instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015. Tuition revenues may be expended in addition to those required by this section to further provide recruitment and retention salary adjustments.

NEW SECTION.  Sec. 610   FOR THE HIGHER EDUCATION COORDINATING BOARD -- POLICY COORDINATION AND ADMINISTRATION
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $4,952,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $7,716,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $642,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $13,310,000

     The appropriations in this section are provided to carry out the policy coordination, planning, studies and administrative functions of the board and are subject to the following conditions and limitations:
     (1) Within the appropriations provided in this section, funds are provided to continue the teacher training pilot program pursuant to chapter 28B.80 RCW until standing authority for this program expires as scheduled on January 1, 2005.
     (2) $175,000 of the general fund -- state appropriation for fiscal year 2004 and $175,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely to continue a demonstration project to improve rural access to post-secondary education by bringing distance learning technologies into Jefferson county.
     (3) $2,755,000 of the general fund--state appropriation for fiscal year 2004 and $5,520,000 of the general fund--state appropriation for fiscal year 2005 are provided solely to contract for 246 full-time equivalent students in high demand fields in fiscal year 2004 and an additional 254 full-time equivalent students in high demand fields in fiscal year 2005. High-demand fields are programs where enrollment access is limited and employers are experiencing difficulty finding qualified graduates to fill job openings. Of the amounts provided, up to $70,000 may be used for management of the competitive process for awarding high-demand student FTEs during the 2003-05 biennium.
     (a) The board will manage a competitive process for awarding high-demand student FTEs. Public baccalaureate institutions are eligible to apply for funding and may submit proposals that include cooperative partnerships with private independent institutions.
     (b) Among coequals, the board shall make it a priority to fund proposals that prepare students for careers in (i) nursing and other health services; (ii) applied science and engineering; (iii) teaching and speech pathology; (iv) computing and information technology; and (v) viticulture and enology, but not to the exclusion of compelling proposals that document specific regional student and employer demand in fields not listed in this subsection. Proposals and grant awards will separately identify one-time, nonrecurring costs and ongoing costs.
     (c) The board will establish a proposal review committee that will include, but not be limited to, representatives from the board, the office of financial management, and economic development and labor market analysts. The board will develop the request for proposals, including the criteria for awarding grants, in consultation with the proposal review committee.
     (d) Baccalaureate institutions that receive grants shall provide the board and the forecast division of the office of financial management with data specified by the board or the office of financial management that shows the impact of this subsection, particularly the degree of improved access to high-demand programs for students and successful job placements for graduates. The board will report on the implementation of this subsection by November 1 of each fiscal year to the office of financial management and the fiscal and higher education committees of the legislature.

NEW SECTION.  Sec. 611   FOR THE HIGHER EDUCATION COORDINATING BOARD -- FINANCIAL AID AND GRANT PROGRAMS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $145,217,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $154,412,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $7,530,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $307,159,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $259,000 of the general fund -- state appropriation for fiscal year 2004 and $273,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the western interstate commission for higher education.
     (2) $1,100,000 of the general fund -- state appropriation for fiscal year 2004 and $1,100,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the health professional conditional scholarship and loan program under chapter 28B.115 RCW. This amount shall be deposited to the health professional loan repayment and scholarship trust fund to carry out the purposes of the program.
     (3) $75,000 of the general fund -- state appropriation for fiscal year 2004 and $75,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for higher education student child care matching grants under chapter 28B.135 RCW.
     (4) $25,000 of the general fund -- state appropriation for fiscal year 2004 and $25,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the benefit of students who participate in college assistance migrant programs (CAMP) operating in Washington state. To ensure timely state aid, the board may establish a date after which no additional grants would be available for the 2003-04 and 2004-05 academic years. The board shall disperse grants in equal amounts to eligible post-secondary institutions so that state money in all cases supplements federal CAMP awards.
     (5) $111,628,000 of the general fund -- state appropriation for fiscal year 2004 and $120,420,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the state need grant program. After April 1 of each fiscal year, up to one percent of the annual appropriation for the state need grant program may be transferred to the state work study program.
     (6) $17,048,000 of the general fund -- state appropriation for fiscal year 2004 and $17,048,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the state work study program. After April 1 of each fiscal year, up to one percent of the annual appropriation for the state work study program may be transferred to the state need grant program. In addition to the administrative allowance in subsection (12) of this section, four percent of the general fund -- state amount in this subsection may be expended for state work study program administration.
     (7) $2,867,000 of the general fund -- state appropriation for fiscal year 2004 and $2,867,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for educational opportunity grants pursuant to Chapter 233, Laws of 2003 (ESB 5676). The board may deposit sufficient funds from its appropriation into the state education trust fund as established in RCW 28B.10.821 to provide a one-year renewal of the grant for each new recipient of the educational opportunity grant award.
     (8) $1,919,000 of the general fund -- state appropriation for fiscal year 2004 and $2,155,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely to implement the Washington scholars program. Any Washington scholars program moneys not awarded by April 1st of each year may be transferred by the board to the Washington award for vocational excellence.
     (9) $794,000 of the general fund -- state appropriation for fiscal year 2004 and $845,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely to implement Washington award for vocational excellence program. Any Washington award for vocational program moneys not awarded by April 1st of each year may be transferred by the board to the Washington scholars program.
     (10) $246,000 of the general fund -- state appropriation for fiscal year 2004 and $246,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for community scholarship matching grants of $2,000 each. To be eligible for the matching grant, a nonprofit community organization organized under section 501(c)(3) of the internal revenue code must demonstrate that it has raised $2,000 in new moneys for college scholarships after the effective date of this act. An organization may receive more than one $2,000 matching grant and preference shall be given to organizations affiliated with the citizens' scholarship foundation.
     (11) Subject to state need grant service requirements pursuant to chapter 28B.119 RCW, $6,050,000 of the general fund -- state appropriation for fiscal year 2004 and $6,050,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the Washington promise scholarship program.
     (12) $2,667,000 of the general fund--state appropriation for fiscal year 2004 and $2,768,000 of the general fund--state appropriation for fiscal year 2005 are provided solely for financial aid administration, in addition to the four percent cost allowance provision for state work study under subsection (6) of this section. These funds are provided to administer all the financial aid and grant programs assigned to the board by the legislature and administered by the agency. To the extent the executive director finds the agency will not require the full sum provided in this subsection, a portion may be transferred to supplement financial grants-in-aid to eligible clients after notifying the board and the office of financial management of the intended transfer.
     (13) $539,000 of the general fund -- state appropriation for fiscal year 2004 and $540,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the displaced homemakers program.

NEW SECTION.  Sec. 612   FOR THE WORK FORCE TRAINING AND EDUCATION COORDINATING BOARD
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,662,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $1,620,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $53,790,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $57,072,000

     The appropriations in this section are subject to the following conditions and limitations: $485,000 of the general fund -- state appropriation for fiscal year 2004 and $485,000 of the general fund -- state appropriation for fiscal year 2005 are provided solely for the operations and development of the inland northwest technology education center (INTEC) as a regional resource and model for the rapid deployment of skilled workers trained in the latest technologies for Washington. The board shall serve as an advisor to and fiscal agent for INTEC, and will report back to the governor and legislature by September 2004 as to the progress and future steps for INTEC as this public-private partnership evolves.

NEW SECTION.  Sec. 613   FOR THE SPOKANE INTERCOLLEGIATE RESEARCH AND TECHNOLOGY INSTITUTE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,403,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $1,419,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $2,822,000

NEW SECTION.  Sec. 614   FOR THE WASHINGTON STATE ARTS COMMISSION
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $2,247,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $2,253,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,026,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $5,526,000

NEW SECTION.  Sec. 615   FOR THE WASHINGTON STATE HISTORICAL SOCIETY
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $2,400,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $2,467,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $4,867,000

NEW SECTION.  Sec. 616   FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $1,430,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $1,461,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $2,891,000

NEW SECTION.  Sec. 617   FOR THE STATE SCHOOL FOR THE BLIND
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $4,614,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $4,641,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,335,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $10,590,000

NEW SECTION.  Sec. 618   FOR THE STATE SCHOOL FOR THE DEAF
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $7,578,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $7,559,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $232,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $15,369,000

(End of part)


PART VII
SPECIAL APPROPRIATIONS

NEW SECTION.  Sec. 701   FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR DEBT SUBJECT TO THE DEBT LIMIT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $570,186,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $626,814,000
Debt-Limit General Fund Bond Retirement Account--
     State Appropriation . . . . . . . . . . . . $10,000,000
State Building Construction Account -- State
     Appropriation . . . . . . . . . . . . $7,014,000
Debt-Limit Reimbursable Bond Retirement Account --
     State Appropriation . . . . . . . . . . . . $2,587,000
State Taxable Building Construction Account --
     State Appropriation . . . . . . . . . . . . $322,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $1,216,923,000

     The appropriations in this section are subject to the following conditions and limitations: The general fund appropriations are for deposit into the debt-limit general fund bond retirement account. The appropriation for fiscal year 2004 shall be deposited in the debt-limit general fund bond retirement account by June 30, 2004.

NEW SECTION.  Sec. 702   FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED BY ENTERPRISE ACTIVITIES
State Convention and Trade Center Account --
     State Appropriation . . . . . . . . . . . . $29,014,000
Accident Account -- State Appropriation . . . . . . . . . . . . $5,113,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $5,113,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $39,240,000

NEW SECTION.  Sec. 703   FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED AS PRESCRIBED BY STATUTE
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $26,394,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $24,805,000
Capitol Historic District Construction
     Account -- State Appropriation . . . . . . . . . . . . $299,000
Higher Education Construction Account -- State
     Appropriation . . . . . . . . . . . . $238,000
State Vehicle Parking Account -- State
     Appropriation . . . . . . . . . . . . $102,000
Nondebt-Limit Reimbursable Bond Retirement Account --
     State Appropriation . . . . . . . . . . . . $128,375,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $180,213,000

     The appropriations in this section are subject to the following conditions and limitations: The general fund appropriation is for deposit into the nondebt-limit general fund bond retirement account.

NEW SECTION.  Sec. 704   FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $526,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $526,000
Higher Education Construction Account -- State
     Appropriation . . . . . . . . . . . . $35,000
State Building Construction Account -- State
     Appropriation . . . . . . . . . . . . $2,032,000
State Vehicle Parking Account -- State
     Appropriation . . . . . . . . . . . . $17,000
Capitol Historic District Construction
     Account -- State Appropriation . . . . . . . . . . . . $45,000
State Taxable Building Construction Account --
     State Appropriation . . . . . . . . . . . . $50,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $3,231,000

NEW SECTION.  Sec. 705   FOR THE OFFICE OF FINANCIAL MANAGEMENT -- FIRE CONTINGENCY POOL. The sum of $4,000,000 is appropriated from the disaster response account for the purpose of making allocations to the Washington state patrol for fire mobilizations costs or to the department of natural resources for fire suppression costs.

NEW SECTION.  Sec. 706   FOR THE OFFICE OF FINANCIAL MANAGEMENT -- EMERGENCY FUND
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $850,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $850,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $1,700,000

     The appropriations in this section are subject to the following conditions and limitations: The appropriations in this section are for the governor's emergency fund for the critically necessary work of any agency.

NEW SECTION.  Sec. 707   FOR THE OFFICE OF FINANCIAL MANAGEMENT -- EXTRAORDINARY CRIMINAL JUSTICE COSTS
Public Safety and Education Account -- State Appropriation . . . . . . . . . . . . $766,000

     The appropriation in this section is subject to the following conditions and limitations: The director of financial management shall distribute the entire appropriation to King county for extraordinary criminal justice costs.

NEW SECTION.  Sec. 708   BELATED CLAIMS. The agencies and institutions of the state may expend moneys appropriated in this act, upon approval of the office of financial management, for the payment of supplies and services furnished to the agency or institution in prior fiscal biennia.

NEW SECTION.  Sec. 709   FOR THE GOVERNOR -- COMPENSATION -- INSURANCE BENEFITS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $8,243,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $38,879,000
Dedicated Funds and Accounts Appropriation . . . . . . . . . . . . $41,232,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $88,354,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The appropriation from dedicated funds and accounts shall be made in the amounts specified and from the dedicated funds and accounts specified in LEAP document 2003-38, a computerized tabulation developed by the legislative evaluation and accountability program committee on June 2, 2003, which is hereby incorporated by reference. The office of financial management shall allocate the moneys appropriated in this section in the amounts specified and to the state agencies specified in LEAP document 2003-38, and adjust appropriation schedules accordingly.
     (2)(a) The monthly employer funding rate for insurance benefit premiums, public employees' benefits board administration, and the uniform medical plan, shall not exceed $504.89 per eligible employee for fiscal year 2004, and $592.30 for fiscal year 2005.
     (b) Within the rates in (a) of this subsection, $4.13 per eligible employee shall be included in the employer funding rate for fiscal year 2004, and $2.11 per eligible employee shall be included in the employer funding rate for fiscal year 2005, solely to increase life insurance coverage in accordance with a court approved settlement in Burbage et al. v. State of Washington (Thurston county superior court cause no. 94-2-02560-8).
     (c) In order to achieve the level of funding provided for health benefits, the public employees' benefits board shall require any or all of the following: Employee premium copayments, increases in point-of-service cost sharing, the implementation of managed competition, or make other changes to benefits consistent with RCW 41.05.065.
     (d) The health care authority shall deposit any moneys received on behalf of the uniform medical plan as a result of rebates on prescription drugs, audits of hospitals, subrogation payments, or any other moneys recovered as a result of prior uniform medical plan claims payments, into the public employees' and retirees' insurance account to be used for insurance benefits. Such receipts shall not be used for administrative expenditures.
     (3) The health care authority, subject to the approval of the public employees' benefits board, shall provide subsidies for health benefit premiums to eligible retired or disabled public employees and school district employees who are eligible for parts A and B of medicare, pursuant to RCW 41.05.085. From January 1, 2004, through December 31, 2004, the subsidy shall be $102.35. Starting January 1, 2005, the subsidy shall be $116.19 per month.
     (4) Technical colleges, school districts, and educational service districts shall remit to the health care authority for deposit into the public employees' and retirees' insurance account established in RCW 41.05.120 the following amounts:
     (a) For each full-time employee, $42.76 per month beginning September 1, 2003, and $49.14 beginning September 1, 2004;
     (b) For each part-time employee who, at the time of the remittance, is employed in an eligible position as defined in RCW 41.32.010 or 41.40.010 and is eligible for employer fringe benefit contributions for basic benefits, $42.76 each month beginning September 1, 2003, and $49.14 beginning September 1, 2004, prorated by the proportion of employer fringe benefit contributions for a full-time employee that the part-time employee receives.
     The remittance requirements specified in this subsection shall not apply to employees of a technical college, school district, or educational service district who purchase insurance benefits through contracts with the health care authority.
     (5) The appropriations in this section include amounts sufficient to fund health benefits for ferry workers at the premium levels specified in subsection (2) of this section, consistent with the 2003-2005 transportation appropriations act.

NEW SECTION.  Sec. 710   FOR THE DEPARTMENT OF RETIREMENT SYSTEMS -- CONTRIBUTIONS TO RETIREMENT SYSTEMS. The appropriations in this section are subject to the following conditions and limitations: The appropriations for the law enforcement officers' and firefighters' retirement system shall be made on a monthly basis beginning July 1, 2003, consistent with chapter 41.45 RCW, and the appropriations for the judges and judicial retirement systems shall be made on a quarterly basis consistent with chapters 2.10 and 2.12 RCW.

     (1) There is appropriated for state contributions to the law enforcement officers' and fire fighters' retirement system:
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $21,256,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $20,914,000

     (2) There is appropriated for contributions to the judicial retirement system:
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $6,000,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $6,000,000

     (3) There is appropriated for contributions to the judges retirement system:
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $500,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $500,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $55,170,000

NEW SECTION.  Sec. 711   FOR THE OFFICE OF FINANCIAL MANAGEMENT -- CONTRIBUTIONS TO RETIREMENT SYSTEMS
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $578,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $584,000
Public Safety and Education Account--State
     Appropriation . . . . . . . . . . . . $146,000
Judicial Information Systems Account--State
     Appropriation . . . . . . . . . . . . $57,000
Department of Retirement Systems Expense
     Account--State Appropriation . . . . . . . . . . . . $14,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $1,379,000

     The appropriations in this section are subject to the following conditions and limitations: The appropriations in this section are provided solely to fund pension contributions to the public employees' retirement system and teachers' retirement system for judicial and legislative employees, effective July 1, 2003. The office of financial management shall update agency appropriation schedules to reflect the addition of the funding in this section, as identified by agency and fund in LEAP document 2003-39 dated June 3, 2003.

NEW SECTION.  Sec. 712   FOR THE OFFICE OF FINANCIAL MANAGEMENT -- EDUCATION TECHNOLOGY REVOLVING ACCOUNT
General Fund -- State Appropriation (FY 2004) . . . . . . . . . . . . $10,468,000
General Fund -- State Appropriation (FY 2005) . . . . . . . . . . . . $10,468,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $20,936,000

     The appropriations in this section are subject to the following conditions and limitations: The appropriation in this section is for appropriation to the education technology revolving account for the purpose of covering operational and transport costs incurred by the K-20 educational network program in providing telecommunication services to network participants.

NEW SECTION.  Sec. 713   INCENTIVE SAVINGS -- FY 2004. The sum of one hundred million dollars or so much thereof as may be available on June 30, 2004, from the total amount of unspent fiscal year 2004 state general fund appropriations is appropriated for the purposes of RCW 43.79.460 in the manner provided in this section.
     (1) Of the total appropriated amount, one-half of that portion that is attributable to incentive savings, not to exceed twenty-five million dollars, is appropriated to the savings incentive account for the purpose of improving the quality, efficiency, and effectiveness of agency services, and credited to the agency that generated the savings.
     (2) The remainder of the total amount, not to exceed seventy-five million dollars, is appropriated to the education savings account.
     (3) For purposes of this section, the total amount of unspent state general fund appropriations does not include the appropriations made in this section, in sections 715, 717, 718, and 724 of this act, or any amounts included in across-the-board allotment reductions under RCW 43.88.110.

NEW SECTION.  Sec. 714   INCENTIVE SAVINGS -- FY 2005. The sum of one hundred million dollars or so much thereof as may be available on June 30, 2005, from the total amount of unspent fiscal year 2005 state general fund appropriations is appropriated for the purposes of RCW 43.79.460 in the manner provided in this section.
     (1) Of the total appropriated amount, one-half of that portion that is attributable to incentive savings, not to exceed twenty-five million dollars, is appropriated to the savings incentive account for the purpose of improving the quality, efficiency, and effectiveness of agency services, and credited to the agency that generated the savings.
     (2) The remainder of the total amount, not to exceed seventy-five million dollars, is appropriated to the education savings account.
     (3) For purposes of this section, the total amount of unspent state general fund appropriations does not include the appropriations made in this section, in sections 715, 717, 718, and 724 of this act, or any amounts included in across-the-board allotment reductions under RCW 43.88.110.

NEW SECTION.  Sec. 715   INCREASED FEDERAL ASSISTANCE. (1) If the department of social and health services or the department of veterans affairs receives federal funding to enhance the federal medical assistance percentage for the 2001-2003 or 2003-2005 fiscal biennia as a result of the jobs and growth tax relief reconciliation act of 2003 (P.L. 108-27), the moneys shall be expended as an unanticipated receipt under RCW 43.79.270 and 43.79.280, subject to the following conditions and limitations:
     (a) The moneys shall be expended in the manner required by the federal act;
     (b) The federal moneys shall be expended in a manner that will maximize the conservation of state moneys, which shall be placed in reserve status and remain unexpended; and
     (c) The director of financial management shall notify the appropriate legislative fiscal committees of proposed allotment modifications prior to expenditure of the federal moneys.
     (2) If the state receives federal funding for the 2001-2003 or 2003-2005 fiscal biennia as a result of the jobs and growth tax relief reconciliation act of 2003 (P.L. 108-27) in addition to the funding described in subsection (1) of this section, the moneys may be expended as an unanticipated receipt under RCW 43.79.270 and 43.79.280, subject to the following conditions and limitations:
     (a) The moneys shall be expended in the manner required by the federal act;
     (b) The federal moneys shall be expended for necessary state services and in a manner that will maximize the conservation of state moneys, which shall be placed in reserve status and remain unexpended; and
     (c) The director of financial management shall notify the appropriate legislative fiscal committees of proposed allotment modifications prior to expenditure of the federal moneys.

Sec. 716   2003 c 10 s 708 (uncodified) is amended to read as follows:
     INCENTIVE SAVINGS -- FY 2003. The sum of one hundred million dollars or so much thereof as may be available on June 30, 2003, from the total amount of unspent fiscal year 2003 state general fund appropriations is appropriated for the purposes of RCW 43.79.460 in the manner provided in this section.
     (1) Of the total appropriated amount, one-half of that portion that is attributable to incentive savings, not to exceed twenty-five million dollars, is appropriated to the savings incentive account for the purpose of improving the quality, efficiency, and effectiveness of agency services, and credited to the agency that generated the savings.
     (2) Of the total appropriated amount, any amount attributable to unspent general fund -- state appropriations in the state need grant program, the state work study program, the Washington scholars program, and the Washington award for vocational excellence program is appropriated to the state financial aid account pursuant to Substitute House Bill No. 2914 (state financial aid account).
     (3) The remainder of the total amount, not to exceed seventy-five million dollars, is appropriated to the education savings account.
     (4) For purposes of this section, the total amount of unspent state general fund appropriations does not include the appropriations made in this section, amounts included in allotment reductions in sections 706, 707, 708, and 713 of ((this act and section 706 of this act)) chapter 371, Laws of 2002 and section 715 of this act, or any amounts included in across-the-board allotment reductions under RCW 43.88.110.

     *NEW SECTION.  Sec. 717   AGENCY EXPENDITURES FOR TRAVEL, EQUIPMENT, AND PERSONAL SERVICE CONTRACTS. The office of financial management shall reduce allotments for all agencies for personal service contracts, equipment, and travel by $20,000,000 from 2003-05 biennial general fund appropriations in this act to reflect the elimination of expenditures identified in LEAP document 2003-36, a computerized tabulation developed by the legislative evaluation and accountability program committee on April 25, 2003. The general fund allotment reduction shall be placed in unallotted status and remain unexpended.
     *Sec. 717 was vetoed. See message at end of chapter.

NEW SECTION.  Sec. 718   AGENCY EXPENDITURES FOR TORT LIABILITY. The office of financial management shall reduce allotments for all agencies by $10,638,000 from 2003-05 biennial general fund appropriations in this act to reflect the reduction in contributions to the liability account. The general fund allotment reduction shall be placed in unallotted status and remain unexpended.

NEW SECTION.  Sec. 719   FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT -- COUNTY PUBLIC HEALTH ASSISTANCE
Health Services Account -- State Appropriation . . . . . . . . . . . . $48,000,000

     The appropriation in this section is subject to the following conditions and limitations: The director of the department of community, trade, and economic development shall distribute the appropriations to the following counties and health districts in the amounts designated:

Health DistrictFY 2004
FY 2005FY 2003-05
Biennium
Adams County Health District$30,951$30,951$61,902
Asotin County Health District$67,714$67,714$135,428
Benton-Franklin Health District$1,165,612$1,165,612$2,331,224
Chelan-Douglas Health District$184,761$184,761$369,522
Clallam County Health and Human Services Department$141,752$141,752$283,504
Southwest Washington Health District$1,084,473$1,084,473$2,168,946
Columbia County Health District$40,529$40,529$81,058
Cowlitz County Health Department$278,560$278,560$557,120
Garfield County Health District$15,028$15,028$30,056
Grant County Health District$118,595$118,595$237,191
Grays Harbor Health Department$183,870183,870$367,740
Island County Health Department$91,892$91,892$183,784
Jefferson County Health and Human Services$85,782$85,782$171,564
Seattle-King County Department of Public Health$9,531,747$9,531,747$19,063,494
Bremerton-Kitsap County Health District$554,669$554,669$1,109,338
Kittitas County Health Department$92,499$92,499$184,998
Klickitat County Health Department$62,402$62,402$124,804
Lewis County Health Department$105,801$105,801$211,602
Lincoln County Health Department$29,705$29,705$59,410
Mason County Department of Health Services$95,988$95,988$191,976
Okanogan County Health District$63,458$63,458$126,916
Pacific County Health Department$77,427$77,427$154,854
Tacoma-Pierce County Health Department$2,820,590$2,820,590$5,641,180
San Juan County Health and Community Services$37,531$37,531$75,062
Skagit County Health Department$223,927$223,927$447,854
Snohomish Health District$2,258,207$2,258,207$4,516,414
Spokane County Health District$2,101,429$2,101,429$4,202,858
Northeast Tri-County Health District$110,454$110,454$220,908
Thurston County Health Department$600,419$600,419$1,200,838
Wahkiakum County Health Department$13,773$13,772$27,545
Walla Walla County-City Health Department$172,062$172,062$344,124
Whatcom County Health Department$855,863$855,863$1,711,726
Whitman County Health Department$78,733$78,733$157,466
Yakima Health District$623,797
$623,797$1,247,594
TOTAL APPROPRIATIONS$24,000,000$24,000,000$48,000,000

NEW SECTION.  Sec. 720   FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT--COUNTY ASSISTANCE

General Fund -- Federal Appropriation . . . . . . . . . . . . $5,000,000

     The appropriations in this section are subject to the following conditions and limitations: The director of community, trade, and economic development shall distribute the appropriations in this section to the following counties in the amounts designated:

 FY 2004
Adams$334,400
Asotin$361,900
Columbia$679,700
Douglas$264,000
Ferry$283,600
Garfield$759,800
Island$66,400
Lincoln$297,700
Mason$298,000
Okanogan$280,000
Pacific$89,700
Pend Oreille$181,600
Skamania$88,000
Stevens$418,000
Wahkiakum$452,900
Walla Walla$144,300
TOTAL APPROPRIATIONS$5,000,000

NEW SECTION.  Sec. 721   FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT--MUNICIPAL ASSISTANCE

General Fund -- Federal Appropriation . . . . . . . . . . . . $5,000,000

     The appropriation in this section is subject to the following conditions and limitations: The director of community, trade, and economic development shall distribute the appropriation in this section to the following cities in the amounts designated:

 FY 2004FY 20052003-05
Biennium
Airway Heights$3,900$2,600$6,500
Albion$20,500$13,700$34,200
Almira$600$400$1,000
Asotin$8,400$5,600$14,000
Benton City$13,200$8,800$22,000
Black Diamond$15,600$10,400$2,600
Bridgeport$58,100$38,700$96,800
Brier$110,200$73,500$183,700
Bucoda$12,800$8,500$21,300
Carbonado$12,600$8,400$21,000
Cashmere$11,000$7,300$18,300
Cheney$16,400$10,900$27,300
Chewelah$1,100$600$1,700
Colfax$800$500$1,300
College Place$117,800$78,500$196,300
Colton$4,600$3,100$7,700
Conconully$3,300$2,200$5,500
Concrete$900$600$1,500
Connell$23,300$15,500$38,800
Coulee Dam$4,700$3,100$7,800
Covington$100,300$66,900$167,200
Creston$1,600$1,100$2,700
Cusick$600$400$1,000
Darrington$4,800$3,200$8,000
Davenport$3,800$2,500$6,300
Dayton$1,200$800$2,000
Des Moines$137,500$91,700$229,200
Edgewood$233,300$155,500$388,800
Electric City$22,800$15,200$38,000
Elma$1,600$1,100$2,700
Elmer City$9,200$6,100$15,300
Endicott$8,900$5,900$14,800
Entiat$8,700$5,800$14,500
Everson$4,000$2,700$6,700
Fairfield$1,100$600$1,700
Farmington$2,400$1,600$4,000
Fircrest$42,700$28,500$71,200
Forks$4,200$2,800$7,000
Garfield$10,600$7,100$17,700
George$1,900$1,300$3,200
Gold Bar$24,700$16,500$41,200
Grandview$13,100$8,700$21,800
Granger$24,200$16,100$40,300
Hamilton$3,400$2,300$5,700
Harrah$13,500$9,000$22,500
Harrington$700$500$1,200
Hartline$2,800$1,900$4,700
Hatton$3,800$2,500$4,700
Hoquiam$16,600$11,100$27,700
Index$600$400$1,000
Ione$1,500$1,000$2,500
Kahlotus$4,900$3,300$8,200
Kenmore$113,000$75,300$188,300
Kettle Falls$3,200$2,100$5,300
Kittitas$14,200$9,500$23,700
Krupp$700$500$1,200
Lacrosse$2,200$1,500$3,700
Lake Forest Park$116,600$77,700$194,300
Lake Stevens$3,900$2,600$6,500
Lakewood$303,100$202,100$505,200
Lamont$2,100$1,400$3,500
Latah$2,200$1,500$3,700
Lyman$3,000$2,000$5,000
Mabton$44,000$29,300$73,300
Malden$6,700$4,500$11,200
Mansfield$6,900$4,600$11,500
Maple Valley$14,200$9,500$23,700
Marcus$3,000$2,000$5,000
Mattawa$14,500$9,700$24,200
McCleary$12,500$8,300$20,800
Medical Lake$8,200$5,500$13,700
Mesa$1,400$900$2,300
Metaline$1,800$1,200$3,000
Metaline Falls$800$500$1,300
Mossyrock$600$400$1,000
Mountlake Terrace$27,000$18,000$45,000
Moxee$1,900$1,300$3,200
Napavine$16,700$11,100$27,800
Nespelem$5,400$3,600$9,000
Newcastle$1,400$900$2,300
Nooksack$10,900$7,300$18,200
Normandy Park$70,200$46,800$117,000
North Bonneville$1,500$1,000$2,500
Northport$5,900$3,900$9,800
Oakesdale$2,500$1,700$4,200
Oakville$5,900$3,900$9,800
Orting$10,300$6,900$17,200
Palouse$6,300$4,200$10,500
Pateros$600$400$1,000
Pe Ell$16,900$11,300$28,200
Pomeroy$2,100$1,400$3,500
Prescott$1,100$600$1,700
Pullman$18,200$12,100$30,300
Rainier$22,900$15,300$38,200
Raymond$600$400$1,000
Reardan$7,200$4,800$12,000
Republic$900$600$1,500
Riverside$6,000$4,000$10,000
Rock Island$4,900$3,300$8,200
Rockford$1,400$900$2,300
Rosalia$5,500$3,700$9,200
Roslyn$9,700$6,500$16,200
Royal City$10,300$6,900$17,200
Ruston$6,700$4,500$11,200
Sammamish$276,900$184,600$461,500
Shoreline$55,400$36,900$92,300
Soap Lake$16,300$10,900$27,200
South Bend$4,600$3,100$7,700
South Cle Elum$9,200$6,100$15,300
South Prairie$1,500$1,000$2,500
Sprague$1,100$700$1,800
Springdale$600$400$1,000
Starbuck$2,300$1,500$3,800
Steilacoom$16,400$10,900$27,300
Tekoa$4,100$2,700$6,800
Tenino$5,800$3,900$9,700
Tieton$10,400$6,900$17,300
Toppenish$53,600$35,700$89,300
Uniontown$2,500$1,700$4,200
University Place$262,300$174,900$437,200
Vader$10,600$7,100$17,700
Waitsburg$13,000$8,700$21,700
Wapato$30,100$20,100$50,200
Warden$8,200$5,500$13,700
Washtucna$6,400$4,300$10,700
Waterville$10,800$7,200$18,000
Waverly$3,000$2,000$5,000
West Richland$71,700$47,800$119,500
White Salmon$900$600$1,500
Wilbur$600$400$1,000
Wilkeson$600$400$1,000
Wilson Creek$2,900$1,900$4,800
Yacolt$3,100$2,100$5,200
Zillah$4,600$3,100$7,700
TOTAL APPROPRIATIONS$3,000,000$2,000,000$5,000,000

NEW SECTION.  Sec. 722    FOR THE OFFICE OF FINANCIAL MANAGEMENT-- HIGHER EDUCATION ENROLLMENT.
General Fund--State Appropriation (FY 2004) . . . . . . . . . . . . $3,125,000
General Fund--State Appropriation (FY 2005) . . . . . . . . . . . . $3,126,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $6,251,000

     The appropriations in this section are subject to the following conditions and limitation: $3,125,000 of the general fund--state for fiscal year 2004 and $3,126,000 of the general fund--state for fiscal year 2005 are provided solely for allocation to public baccalaureate institutions to expand state-supported college access by 400 full-time equivalent student enrollments with junior class standing over levels in the 2002-03 academic year. With these amounts, the legislature intends to assist qualified residents seeking to transfer with an associate degree or credits sufficient to enter degree programs with junior-class standing. Any institution receiving an allocation for instruction shall provide data as required by the forecast division of the office of financial management to establish a baseline and monitor change in state-supported enrollment. This data will also be provided to the state board for community and technical colleges, the higher education coordinating board, and the higher education policy and fiscal legislative committees to demonstrate the impact of this section.

NEW SECTION.  Sec. 723   FOR SUNDRY CLAIMS. The following sums, or so much thereof as may be necessary, are appropriated from the general fund, unless otherwise indicated, for relief of various individuals, firms, and corporations for sundry claims. These appropriations are to be disbursed on vouchers approved by the director of general administration, except as otherwise provided, as follows:
     (1) Reimbursement of criminal defendants acquitted on the basis of self-defense, pursuant to RCW 9A.16.110: Kelly C. Schwartz, claim number SCJ 03-10 . . . . . . . . . . . . $18,250
     (2) Payment from the state wildlife account for damage to crops by wildlife, pursuant to RCW 77.36.050:
     (a) Circle S Landscape Supplies, claim number
SCG 03-05 . . . . . . . . . . . . $49,380
     (b) Marilyn Lund Farms, claim number SCG 03-08 . . . . . . . . . . . . $17,175
     (c) Paul Gibbons, claim number SCG 03-09 . . . . . . . . . . . . $12,414
     (d) Bud Hamilton, claim number SCG 03-10 . . . . . . . . . . . . $15,591
     (e) Richard Anderson, claim number SCG 03-11 . . . . . . . . . . . . $75,933
     (f) Neil Ice, claim number SCG 03-12 . . . . . . . . . . . . $73,474
     (g) Carl Anderson, claim number SCG 03-13 . . . . . . . . . . . . $120,943

     *NEW SECTION.  Sec. 724   AGENCY EXPENDITURES FOR LEGISLATIVE LIAISONS. During the 2003-05 fiscal biennium, no state agency or institution may expend any moneys appropriated in this act to employ legislative liaisons or contract for legislative liaisons. However, each independently elected statewide official may employ one FTE legislative liaison during the 2003-05 fiscal biennium. The office of financial management shall reduce allotments for agencies by $3,257,000 from 2003-05 biennial general fund appropriations in this act to reflect the elimination of the expenditures identified in LEAP document 34, a computerized tabulation developed by the legislative evaluation and accountability program committee on April 3, 2003. The general fund allotment reduction shall be placed in unallotted status and remain unexpended.
     State funds provided in Part V of this act may not be expended by or for any organization, association, or other entity to influence the passage or defeat of any legislation by the legislature of the state of Washington.
     *Sec. 724 was vetoed. See message at end of chapter.

NEW SECTION.  Sec. 725   2003 c 360 s 408 (uncodified) is repealed.

NEW SECTION.  Sec. 726   A new section is added to 2003 c 360 (uncodified) to read as follows:
     FOR THE OFFICE OF FINANCIAL MANAGEMENT--CONTRIBUTIONS TO RETIREMENT SYSTEMS.
Aeronautics Account--State Appropriation . . . . . . . . . . . . ($8,000)
State Patrol Highway Account--State Appropriation . . . . . . . . . . . . ($443,000)
State Patrol Highway Account--Federal Appropriation . . . . . . . . . . . . ($16,000)
State Patrol Highway Account--Local Appropriation . . . . . . . . . . . . ($6,000)
Motorcycle Safety Education Account--State
     Appropriation . . . . . . . . . . . . ($2,000)
Rural Arterial Trust Account--State Appropriation . . . . . . . . . . . . ($4,000)
Wildlife Account--State Appropriation . . . . . . . . . . . . ($2,000)
Highway Safety Account--State Appropriation . . . . . . . . . . . . ($461,000)
Highway Safety Account--Federal Appropriation . . . . . . . . . . . . ($14,000)
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . ($2,305,000)
Puget Sound Ferry Operations Account--State
     Appropriation . . . . . . . . . . . . ($1,414,000)
Urban Arterial Trust Account--State Appropriation . . . . . . . . . . . . ($10,000)
Transportation Improvement Account--State
     Appropriation . . . . . . . . . . . . ($10,000)
County Arterial Preservation Account--State
     Appropriation . . . . . . . . . . . . ($4,000)
Department of Licensing Services Account--State
     Appropriation . . . . . . . . . . . . ($2,000)
Multi-Modal Transportation Account--State
     Appropriation . . . . . . . . . . . . ($154,000)
          TOTAL APPROPRIATION . . . . . . . . . . . . ($4,855,000)

     The office of financial management shall update agency appropriation schedules to reflect the addition of the funding in this section, as identified by agency and fund in LEAP document 2003-37 dated May 27, 2003. The appropriations in this section are provided solely for funding agency pension changes as set forth in Senate Bill No. 6029 or House Bill No. 2254.

(End of part)


PART VIII
OTHER TRANSFERS AND APPROPRIATIONS

NEW SECTION.  Sec. 801   FOR THE STATE TREASURER -- STATE REVENUES FOR DISTRIBUTION
General Fund Appropriation for fire insurance
     premium distributions . . . . . . . . . . . . $4,711,500
General Fund Appropriation for public utility
     district excise tax distributions . . . . . . . . . . . . $39,273,684
General Fund Appropriation for prosecuting
     attorney distributions . . . . . . . . . . . . $3,441,197
General Fund Appropriation for boating safety and
     education distributions . . . . . . . . . . . . $4,074,300
General Fund Appropriation for other tax
     distributions . . . . . . . . . . . . $34,750
Death Investigations Account Appropriation for
     distribution to counties for publicly
     funded autopsies . . . . . . . . . . . . $2,123,723
Aquatic Lands Enhancement Account Appropriation
     for harbor improvement revenue
     distribution . . . . . . . . . . . . $187,068
Timber Tax Distribution Account Appropriation for
     distribution to "timber" counties . . . . . . . . . . . . $51,192,170
County Criminal Justice Assistance
     Appropriation . . . . . . . . . . . . $52,131,000
Municipal Criminal Justice Assistance
     Appropriation . . . . . . . . . . . . $21,069,000
Liquor Excise Tax Account Appropriation for
     liquor excise tax distribution . . . . . . . . . . . . $32,624,831
Liquor Revolving Account Appropriation for
     liquor profits distribution . . . . . . . . . . . . $57,511,693
          TOTAL APPROPRIATION . . . . . . . . . . . . $268,374,916

     The total expenditures from the state treasury under the appropriations in this section shall not exceed the funds available under statutory distributions for the stated purposes.

NEW SECTION.  Sec. 802   FOR THE STATE TREASURER -- FOR THE COUNTY CRIMINAL JUSTICE ASSISTANCE ACCOUNT
Impaired Driving Safety Account Appropriation . . . . . . . . . . . . $1,896,502

     The appropriation in this section is subject to the following conditions and limitations: The amount appropriated in this section shall be distributed quarterly during the 2003-05 biennium in accordance with RCW 82.14.310. This funding is provided to counties for the costs of implementing criminal justice legislation including, but not limited to: Chapter 206, Laws of 1998 (drunk driving penalties); chapter 207, Laws of 1998 (DUI penalties); chapter 208, Laws of 1998 (deferred prosecution); chapter 209, Laws of 1998 (DUI/license suspension); chapter 210, Laws of 1998 (ignition interlock violations); chapter 211, Laws of 1998 (DUI penalties); chapter 212, Laws of 1998 (DUI penalties); chapter 213, Laws of 1998 (intoxication levels lowered); chapter 214, Laws of 1998 (DUI penalties); and chapter 215, Laws of 1998 (DUI provisions).

NEW SECTION.  Sec. 803   FOR THE STATE TREASURER -- FOR THE MUNICIPAL CRIMINAL JUSTICE ASSISTANCE ACCOUNT
Impaired Driving Safety Account Appropriation . . . . . . . . . . . . $1,264,335

     The appropriation in this section is subject to the following conditions and limitations: The amount appropriated in this section shall be distributed quarterly during the 2003-05 biennium to all cities ratably based on population as last determined by the office of financial management. The distributions to any city that substantially decriminalizes or repeals its criminal code after July 1, 1990, and that does not reimburse the county for costs associated with criminal cases under RCW 3.50.800 or 3.50.805(2), shall be made to the county in which the city is located. This funding is provided to cities for the costs of implementing criminal justice legislation including, but not limited to: Chapter 206, Laws of 1998 (drunk driving penalties); chapter 207, Laws of 1998 (DUI penalties); chapter 208, Laws of 1998 (deferred prosecution); chapter 209, Laws of 1998 (DUI/license suspension); chapter 210, Laws of 1998 (ignition interlock violations); chapter 211, Laws of 1998 (DUI penalties); chapter 212, Laws of 1998 (DUI penalties); chapter 213, Laws of 1998 (intoxication levels lowered); chapter 214, Laws of 1998 (DUI penalties); and chapter 215, Laws of 1998 (DUI provisions).

NEW SECTION.  Sec. 804   FOR THE STATE TREASURER -- FEDERAL REVENUES FOR DISTRIBUTION
General Fund Appropriation for federal grazing
     fees distribution . . . . . . . . . . . . $1,293,828
General Fund Appropriation for federal flood
     control funds distribution . . . . . . . . . . . . $25,050
Forest Reserve Fund Appropriation for federal
     forest reserve fund distribution . . . . . . . . . . . . $83,492,373
          TOTAL APPROPRIATION . . . . . . . . . . . . $84,811,251

     The total expenditures from the state treasury under the appropriations in this section shall not exceed the funds available under statutory distributions for the stated purposes.

NEW SECTION.  Sec. 805   FOR THE STATE TREASURER -- TRANSFERS
     For transfers in this section to the state general fund, pursuant to RCW 43.135.035(5), the state expenditure limit shall be increased by the amount of the transfer. The increase shall occur in the fiscal year in which the transfer occurs.

State Convention and Trade Center Account:
     For transfer to the state general fund . . . . . . . . . . . . $10,000,000
County Sale/Use Tax Equalization Account:
     For transfer to the state general fund for
     fiscal year 2004 . . . . . . . . . . . . $74,000
Financial Services Regulation Fund: For transfer
     to the state general fund at the beginning
     of fiscal year 2005 . . . . . . . . . . . . $1,632,000
Municipal Sale/Use Tax Equalization Account:
     For transfer to the state general fund for
     fiscal year 2004 . . . . . . . . . . . . $374,000
Asbestos Account: For transfer to the state
     general fund . . . . . . . . . . . . $200,000
Electrical License Account: For transfer
     to the state general fund . . . . . . . . . . . . $7,000,000
Local Toxics Control Account: For transfer
     to the state toxics control account . . . . . . . . . . . . $4,059,000
Pressure Systems Safety Account: For transfer
     to the state general fund . . . . . . . . . . . . $1,000,000
Health Services Account: For transfer
     to the water quality account . . . . . . . . . . . . $8,182,000
State Treasurer's Service Account: For
     transfer to the general fund . . . . . . . . . . . . $10,000,000
Public Works Assistance Account: For
     transfer to the drinking water
     assistance account . . . . . . . . . . . . $8,387,000
Tobacco Settlement Account: For transfer
     to the health services account, in an
     amount not to exceed the actual balance
     of the tobacco settlement account . . . . . . . . . . . . $185,000,000
Health Service Account: For transfer
     to the violence reduction and drug
     enforcement account . . . . . . . . . . . . $7,789,000
Nisqually Earthquake Account: For transfer to
     the disaster response account . . . . . . . . . . . . $6,200,000
Industrial Insurance Premium Refund Account:
     For transfer to the state general fund . . . . . . . . . . . . $577,000
Public Service Revolving Account: For transfer
     to the state general fund . . . . . . . . . . . . $1,600,000
State Forest Nursery Revolving Account: For transfer
     to the state general fund, $250,000 for fiscal
     year 2004 and $250,000 for fiscal year 2005 . . . . . . . . . . . . $500,000
Flood Control Assistance Account: For transfer
     to the state general fund, $1,350,000 for
     fiscal year 2004 and $1,350,000 for fiscal
     year 2005 . . . . . . . . . . . . $2,700,000
Water Quality Account: For transfer to the water
     pollution control account . . . . . . . . . . . . $10,500,000
General Fund: For transfer to the water quality
     account, $3,870,000 for fiscal year 2004 and
     $4,557,000 for fiscal year 2005 . . . . . . . . . . . . $8,427,000
Insurance Commissioner's Regulatory Account:
     For transfer to the state general fund . . . . . . . . . . . . $1,500,000
Health Services Account: For transfer to the
     tobacco prevention and control account . . . . . . . . . . . . $24,216,000
From the Emergency Reserve Fund: For transfer
     to the state general fund, not to exceed
     the actual balance of the emergency reserve fund.
     This transfer is intended to liquidate the
     emergency reserve fund . . . . . . . . . . . . $59,350,000
Department of Retirement Systems Expense Account:
     For transfer to the state general fund . . . . . . . . . . . . $1,500,000
Woodstove Education and Enforcement Account:
     For transfer to the air pollution control account . . . . . . . . . . . . $600,000
Multimodal Transportation Account: For transfer
     to the air pollution control account for
     fiscal year 2004. The amount transferred
     shall be deposited into the segregated
     subaccount of the air pollution control
     account created in Engrossed Substitute
     Senate Bill No. 6072, chapter 264, Laws of
     2003. The state treasurer shall perform the
     transfer from the multimodal transportation
     account to the air pollution control subaccount
     on a quarterly basis . . . . . . . . . . . . $4,170,726
Multimodal Transportation Account: For transfer
     to the vessel response account for fiscal
     year 2004 . . . . . . . . . . . . $1,213,704
Resource Management Cost Account: For transfer
     to the contract harvesting revolving account . . . . . . . . . . . . $250,000
Forest Development Account: For transfer to the
     contract harvesting revolving account . . . . . . . . . . . . $250,000
Site Closure Account: For transfer to the
     state general fund . . . . . . . . . . . . $13,800,000
Health Services Account: For transfer to the
     general fund--state for fiscal year 2005 . . . . . . . . . . . . $1,250,000

NEW SECTION.  Sec. 806   FOR THE DEPARTMENT OF RETIREMENT SYSTEMS -- TRANSFERS
General Fund -- State Appropriation: For
     transfer to the department of retirement
     systems expense account: For the
     administrative expenses of the judicial
     retirement system . . . . . . . . . . . . $21,901

(End of part)


PART IX
MISCELLANEOUS

NEW SECTION.  Sec. 901   EXPENDITURE AUTHORIZATIONS. The appropriations contained in this act are maximum expenditure authorizations. Pursuant to RCW 43.88.037, moneys disbursed from the treasury on the basis of a formal loan agreement shall be recorded as loans receivable and not as expenditures for accounting purposes. To the extent that moneys are disbursed on a loan basis, the corresponding appropriation shall be reduced by the amount of loan moneys disbursed from the treasury during the 2001-03 biennium.

NEW SECTION.  Sec. 902   INFORMATION SYSTEMS PROJECTS. Agencies shall comply with the following requirements regarding information systems projects when specifically directed to do so by this act.
     (1) Agency planning and decisions concerning information technology shall be made in the context of its information technology portfolio. "Information technology portfolio" means a strategic management approach in which the relationships between agency missions and information technology investments can be seen and understood, such that: Technology efforts are linked to agency objectives and business plans; the impact of new investments on existing infrastructure and business functions are assessed and understood before implementation; and agency activities are consistent with the development of an integrated, nonduplicative statewide infrastructure.
     (2) Agencies shall use their information technology portfolios in making decisions on matters related to the following:
     (a) System refurbishment, acquisitions, and development efforts;
     (b) Setting goals and objectives for using information technology in meeting legislatively-mandated missions and business needs;
     (c) Assessment of overall information processing performance, resources, and capabilities;
     (d) Ensuring appropriate transfer of technological expertise for the operation of any new systems developed using external resources; and
     (e) Progress toward enabling electronic access to public information.
     (3) Each project will be planned and designed to take optimal advantage of Internet technologies and protocols. Agencies shall ensure that the project is in compliance with the architecture, infrastructure, principles, policies, and standards of digital government as maintained by the information services board.
     (4) The agency shall produce a feasibility study for information technology projects at the direction of the information services board and in accordance with published department of information services policies and guidelines. At a minimum, such studies shall include a statement of: (a) The purpose or impetus for change; (b) the business value to the agency, including an examination and evaluation of benefits, advantages, and cost; (c) a comprehensive risk assessment based on the proposed project's impact on both citizens and state operations, its visibility, and the consequences of doing nothing; (d) the impact on agency and statewide information infrastructure; and (e) the impact of the proposed enhancements to an agency's information technology capabilities on meeting service delivery demands.
     (5) The agency shall produce a comprehensive management plan for each project. The plan or plans shall address all factors critical to successful completion of each project. The plan(s) shall include, but is not limited to, the following elements: A description of the problem or opportunity that the information technology project is intended to address; a statement of project objectives and assumptions; a definition and schedule of phases, tasks, and activities to be accomplished; and the estimated cost of each phase. The planning for the phased approach shall be such that the business case justification for a project needs to demonstrate how the project recovers cost or adds measurable value or positive cost benefit to the agency's business functions within each development cycle.
     (6) The agency shall produce quality assurance plans for information technology projects. Consistent with the direction of the information services board and the published policies and guidelines of the department of information services, the quality assurance plan shall address all factors critical to successful completion of the project and successful integration with the agency and state information technology infrastructure. At a minimum, quality assurance plans shall provide time and budget benchmarks against which project progress can be measured, a specification of quality assurance responsibilities, and a statement of reporting requirements. The quality assurance plans shall set out the functionality requirements for each phase of a project.
     (7) A copy of each feasibility study, project management plan, and quality assurance plan shall be provided to the department of information services, the office of financial management, and legislative fiscal committees. The plans and studies shall demonstrate a sound business case that justifies the investment of taxpayer funds on any new project, an assessment of the impact of the proposed system on the existing information technology infrastructure, the disciplined use of preventative measures to mitigate risk, and the leveraging of private-sector expertise as needed. Authority to expend any funds for individual information systems projects is conditioned on the approval of the relevant feasibility study, project management plan, and quality assurance plan by the department of information services and the office of financial management.
     (8) Quality assurance status reports shall be submitted to the department of information services, the office of financial management, and legislative fiscal committees at intervals specified in the project's quality assurance plan.

NEW SECTION.  Sec. 903   VIDEO TELECOMMUNICATIONS. The department of information services shall act as lead agency in coordinating video telecommunications services for state agencies. As lead agency, the department shall develop standards and common specifications for leased and purchased telecommunications equipment and assist state agencies in developing a video telecommunications expenditure plan. No agency may spend any portion of any appropriation in this act for new video telecommunication equipment, new video telecommunication transmission, or new video telecommunication programming, or for expanding current video telecommunication systems without first complying with chapter 43.105 RCW, including but not limited to, RCW 43.105.041(2), and without first submitting a video telecommunications expenditure plan, in accordance with the policies of the department of information services, for review and assessment by the department of information services under RCW 43.105.052. Prior to any such expenditure by a public school, a video telecommunications expenditure plan shall be approved by the superintendent of public instruction. The office of the superintendent of public instruction shall submit the plans to the department of information services in a form prescribed by the department. The office of the superintendent of public instruction shall coordinate the use of video telecommunications in public schools by providing educational information to local school districts and shall assist local school districts and educational service districts in telecommunications planning and curriculum development. Prior to any such expenditure by a public institution of postsecondary education, a telecommunications expenditure plan shall be approved by the higher education coordinating board. The higher education coordinating board shall coordinate the use of video telecommunications for instruction and instructional support in postsecondary education, including the review and approval of instructional telecommunications course offerings.

NEW SECTION.  Sec. 904   PROGRAM COST SHIFTS. Any program costs or moneys in this act that are shifted to the general fund from another fund or account require an adjustment to the expenditure limit under RCW 43.135.035(5).

NEW SECTION.  Sec. 905   EMERGENCY FUND ALLOCATIONS. Whenever allocations are made from the governor's emergency fund appropriation to an agency that is financed in whole or in part by other than general fund moneys, the director of financial management may direct the repayment of such allocated amount to the general fund from any balance in the fund or funds which finance the agency. No appropriation shall be necessary to effect such repayment.

NEW SECTION.  Sec. 906   STATUTORY APPROPRIATIONS. In addition to the amounts appropriated in this act for revenues for distribution, state contributions to the law enforcement officers' and fire fighters' retirement system plan 2, and bond retirement and interest including ongoing bond registration and transfer charges, transfers, interest on registered warrants, and certificates of indebtedness, there is also appropriated such further amounts as may be required or available for these purposes under any statutory formula or under chapters 39.94 and 39.96 RCW or any proper bond covenant made under law.

NEW SECTION.  Sec. 907   BOND EXPENSES. In addition to such other appropriations as are made by this act, there is hereby appropriated to the state finance committee from legally available bond proceeds in the applicable construction or building funds and accounts such amounts as are necessary to pay the expenses incurred in the issuance and sale of the subject bonds.

NEW SECTION.  Sec. 908   VOLUNTARY SEPARATION INCENTIVES. As a management tool to reduce costs and make more effective use of resources, while improving employee productivity and morale, agencies may offer voluntary separation and/or downshifting incentives and options according to procedures and guidelines established by the department of personnel and the department of retirement systems in consultation with the office of financial management. The options may include, but are not limited to, financial incentives for: Voluntary resignation and retirement, voluntary leave-without-pay, voluntary workweek or work hour reduction, voluntary downward movement, or temporary separation for development purposes. No employee shall have a contractual right to a financial incentive offered pursuant to this section.
     Agencies shall report on the outcomes of their plans, and offers shall be reviewed and monitored jointly by the department of personnel and the department of retirement systems, for reporting to the office of financial management by December 1, 2004.

NEW SECTION.  Sec. 909   VOLUNTARY RETIREMENT INCENTIVES. It is the intent of the legislature that agencies may implement a voluntary retirement incentive program that is cost neutral or results in cost savings provided that such a program is approved by the director of retirement systems and the office of financial management. Agencies participating in this authorization are required to submit a report by June 30, 2005, to the legislature and the office of financial management on the outcome of their approved retirement incentive program. The report should include information on the details of the program including resulting service delivery changes, agency efficiencies, the cost of the retirement incentive per participant, the total cost to the state, and the projected or actual net dollar savings over the 2003-05 biennium.

Sec. 910   RCW 19.28.351 and 1988 c 81 s 11 are each amended to read as follows:
     All sums received from licenses, permit fees, or other sources, herein shall be paid to the state treasurer and placed in a special fund designated as the "electrical license fund," and ((by him)) paid out upon vouchers duly and regularly issued therefor and approved by the director of labor and industries or the director's designee following determination by the board that the sums are necessary to accomplish the intent of chapter 19.28 RCW. The treasurer shall keep an accurate record of payments into, or receipts of, ((said)) the fund, and of all disbursements therefrom.
     During the 2003-2005 biennium, the legislature may transfer moneys from the electrical license fund to the state general fund such amounts as reflect the excess fund balance of the fund.

Sec. 911   RCW 28A.305.210 and 1975 1st ex.s. c 275 s 51 are each amended to read as follows:
     (1) The state board of education, by rule or regulation, may require the assistance of educational service district boards and/or superintendents in the performance of any duty, authority, or power imposed upon or granted to the state board of education by law, upon such terms and conditions as the state board of education shall establish. Such authority to assist the state board of education shall be limited to the service function of information collection and dissemination and the attestment to the accuracy and completeness of submitted information.
     (2) During the 2003-05 biennium, educational service districts may, at the request of the state board of education, receive and screen applications for school accreditation, conduct school accreditation site visits pursuant to state board of education rules, and submit to the state board of education post-site visit recommendations for school accreditation. The educational service districts may assess a cooperative service fee to recover actual plus reasonable indirect costs for the purposes of this subsection.

Sec. 912   RCW 28A.500.030 and 2002 c 317 s 4 are each amended to read as follows:
     Allocation of state matching funds to eligible districts for local effort assistance shall be determined as follows:
     (1) Funds raised by the district through maintenance and operation levies shall be matched with state funds using the following ratio of state funds to levy funds:
     (a) The difference between the district's twelve percent levy rate and the statewide average twelve percent levy rate; to
     (b) The statewide average twelve percent levy rate.
     (2) The maximum amount of state matching funds for districts eligible for local effort assistance shall be the district's twelve percent levy amount, multiplied by the following percentage:
     (a) The difference between the district's twelve percent levy rate and the statewide average twelve percent levy rate; divided by
     (b) The district's twelve percent levy rate.
     (3) Calendar year 2003 allocations and maximum eligibility under this chapter shall be multiplied by 0.99.
     (4) From January 1, 2004, to June 30, 2005, allocations and maximum eligibility under this chapter shall be multiplied by 0.937.

Sec. 913   RCW 38.52.106 and 2002 c 371 s 904 are each amended to read as follows:
     The Nisqually earthquake account is created in the state treasury. Moneys may be placed in the account from tax revenues, budget transfers or appropriations, federal appropriations, gifts, or any other lawful source. Moneys in the account may be spent only after appropriation. Moneys in the account shall be used only to support state and local government disaster response and recovery efforts associated with the Nisqually earthquake. During the ((2001-)) 2003-2005 fiscal biennium, the legislature may transfer moneys from the Nisqually earthquake account to the disaster response account for fire suppression and mobilization costs((, and costs associated with national security preparedness activities)).

Sec. 914   RCW 41.50.110 and 2003 c 295 (SHB 1204) s 3 and 2003 c 294 (HB 1200) s 11 are each reenacted and amended to read as follows:
     (1) Except as provided by RCW 41.50.255 and subsection (6) of this section, all expenses of the administration of the department, the expenses of administration of the retirement systems, and the expenses of the administration of the office of the state actuary created in chapters 2.10, 2.12, 41.26, 41.32, 41.40, 41.34, 41.35, 43.43, and 44.44 RCW shall be paid from the department of retirement systems expense fund.
     (2) In order to reimburse the department of retirement systems expense fund on an equitable basis the department shall ascertain and report to each employer, as defined in RCW 41.26.030, 41.32.010, 41.35.010, or 41.40.010, the sum necessary to defray its proportional share of the entire expense of the administration of the retirement system that the employer participates in during the ensuing biennium or fiscal year whichever may be required. Such sum is to be computed in an amount directly proportional to the estimated entire expense of the administration as the ratio of monthly salaries of the employer's members bears to the total salaries of all members in the entire system. It shall then be the duty of all such employers to include in their budgets or otherwise provide the amounts so required.
     (3) The department shall compute and bill each employer, as defined in RCW 41.26.030, 41.32.010, 41.35.010, or 41.40.010, at the end of each month for the amount due for that month to the department of retirement systems expense fund and the same shall be paid as are its other obligations. Such computation as to each employer shall be made on a percentage rate of salary established by the department. However, the department may at its discretion establish a system of billing based upon calendar year quarters in which event the said billing shall be at the end of each such quarter.
     (4) The director may adjust the expense fund contribution rate for each system at any time when necessary to reflect unanticipated costs or savings in administering the department.
     (5) An employer who fails to submit timely and accurate reports to the department may be assessed an additional fee related to the increased costs incurred by the department in processing the deficient reports. Fees paid under this subsection shall be deposited in the retirement system expense fund.
     (a) Every six months the department shall determine the amount of an employer's fee by reviewing the timeliness and accuracy of the reports submitted by the employer in the preceding six months. If those reports were not both timely and accurate the department may prospectively assess an additional fee under this subsection.
     (b) An additional fee assessed by the department under this subsection shall not exceed fifty percent of the standard fee.
     (c) The department shall adopt rules implementing this section.
     (6) Expenses other than those under RCW 41.34.060(3) shall be paid pursuant to subsection (1) of this section.
     (7) During the 2003-2005 fiscal biennium, the legislature may transfer from the department of retirement systems' expense fund to the state general fund such amounts as reflect the excess fund balance of the fund.

Sec. 915   RCW 43.03.050 and 1990 c 30 s 1 are each amended to read as follows:
     (1) The director of financial management shall prescribe reasonable allowances to cover reasonable and necessary subsistence and lodging expenses for elective and appointive officials and state employees while engaged on official business away from their designated posts of duty. The director of financial management may prescribe and regulate the allowances provided in lieu of subsistence and lodging expenses and may prescribe the conditions under which reimbursement for subsistence and lodging may be allowed. The schedule of allowances adopted by the office of financial management may include special allowances for foreign travel and other travel involving higher than usual costs for subsistence and lodging. The allowances established by the director shall not exceed the rates set by the federal government for federal employees. However, during the 2003-05 fiscal biennium, the allowances for any county that is part of a metropolitan statistical area, the largest city of which is in another state, shall equal the allowances prescribed for that larger city.
     (2) Those persons appointed to serve without compensation on any state board, commission, or committee, if entitled to payment of travel expenses, shall be paid pursuant to special per diem rates prescribed in accordance with subsection (1) of this section by the office of financial management.
     (3) The director of financial management may prescribe reasonable allowances to cover reasonable expenses for meals, coffee, and light refreshment served to elective and appointive officials and state employees regardless of travel status at a meeting where: (a) The purpose of the meeting is to conduct official state business or to provide formal training to state employees or state officials; (b) the meals, coffee, or light refreshment are an integral part of the meeting or training session; (c) the meeting or training session takes place away from the employee's or official's regular workplace; and (d) the agency head or authorized designee approves payments in advance for the meals, coffee, or light refreshment. In order to prevent abuse, the director may regulate such allowances and prescribe additional conditions for claiming the allowances.
     (4) Upon approval of the agency head or authorized designee, an agency may serve coffee or light refreshments at a meeting where: (a) The purpose of the meeting is to conduct state business or to provide formal training that benefits the state; and (b) the coffee or light refreshment is an integral part of the meeting or training session. The director of financial management shall adopt requirements necessary to prohibit abuse of the authority authorized in this subsection.
     (5) The schedule of allowances prescribed by the director under the terms of this section and any subsequent increases in any maximum allowance or special allowances for areas of higher than usual costs shall be reported to the ways and means committees of the house of representatives and the senate at each regular session of the legislature.

Sec. 916   RCW 43.08.190 and 1991 sp.s. c 13 s 83 are each amended to read as follows:
     There is hereby created a fund within the state treasury to be known as the "state treasurer's service fund". Such fund shall be used solely for the payment of costs and expenses incurred in the operation and administration of the state treasurer's office.
     Moneys shall be allocated monthly and placed in the state treasurer's service fund equivalent to a maximum of one percent of the trust and treasury average daily cash balances from the earnings generated under the authority of RCW 43.79A.040 and 43.84.080 other than earnings generated from investment of balances in funds and accounts specified in RCW 43.79.040(((2)(b))) or 43.84.092(((2)(b))) (4)(b). The allocation shall precede the distribution of the remaining earnings as prescribed under RCW 43.79A.040 and 43.84.092. The state treasurer shall establish a uniform allocation rate based on the appropriations for the treasurer's office.
     During the 2003-2005 fiscal biennium, the legislature may transfer from the state treasurer's service fund to the state general fund such amounts as reflect the excess fund balance of the fund.

Sec. 917   RCW 43.10.180 and 1979 c 151 s 95 are each amended to read as follows:
     (1) The attorney general shall keep such records as are necessary to facilitate proper allocation of costs to funds and agencies served and the director of financial management shall prescribe appropriate accounting procedures to accurately allocate costs to funds and agencies served. Billings shall be adjusted in line with actual costs incurred at intervals not to exceed six months.
     (2) During the 2003-05 fiscal biennium, all expenses for administration of the office of the attorney general shall be allocated to and paid from the legal services revolving fund in accordance with accounting procedures prescribed by the director of financial management.

Sec. 918   RCW 43.08.250 and 2001 2nd sp.s. c 7 s 914 and 2001 c 289 s 4 are each reenacted and amended to read as follows:
     The money received by the state treasurer from fees, fines, forfeitures, penalties, reimbursements or assessments by any court organized under Title 3 or 35 RCW, or chapter 2.08 RCW, shall be deposited in the public safety and education account which is hereby created in the state treasury. The legislature shall appropriate the funds in the account to promote traffic safety education, highway safety, criminal justice training, crime victims' compensation, judicial education, the judicial information system, civil representation of indigent persons, winter recreation parking, drug court operations, and state game programs. During the fiscal biennium ending June 30, ((2003)) 2005, the legislature may appropriate moneys from the public safety and education account for purposes of appellate indigent defense and other operations of the office of public defense, the criminal litigation unit of the attorney general's office, the treatment alternatives to street crimes program, crime victims advocacy programs, justice information network telecommunication planning, treatment for supplemental security income clients, sexual assault treatment, operations of the office of administrator for the courts, security in the common schools, alternative school start-up grants, programs for disruptive students, criminal justice data collection, Washington state patrol criminal justice activities, drug court operations, unified family courts, local court backlog assistance, financial assistance to local jurisdictions for extraordinary costs incurred in the adjudication of criminal cases, domestic violence treatment and related services, the department of corrections' costs in implementing chapter 196, Laws of 1999, reimbursement of local governments for costs associated with implementing criminal and civil justice legislation, the replacement of the department of corrections' offender-based tracking system, secure and semi-secure crisis residential centers, HOPE beds, the family policy council and community public health and safety networks, the street youth program, public notification about registered sex offenders, and narcotics or methamphetamine-related enforcement, education, training, and drug and alcohol treatment services.

Sec. 919   RCW 43.43.944 and 1999 c 117 s 2 are each amended to read as follows:
     (1) The fire service training account is hereby established in the state treasury. The fund shall consist of:
     (a) All fees received by the Washington state patrol for fire service training;
     (b) All grants and bequests accepted by the Washington state patrol under RCW 43.43.940; and
     (c) Twenty percent of all moneys received by the state on fire insurance premiums.
     (2) Moneys in the account may be appropriated only for fire service training. During the 2003-2005 fiscal biennium, the legislature may appropriate funds from this account for school fire prevention activities within the Washington state patrol.

Sec. 920   RCW 43.135.045 and 2001 c 3 s 9, 2000 2nd sp.s. c 5 s 1, and 2000 2nd sp.s. c 2 s 3 are each reenacted and amended to read as follows:
     (1) The emergency reserve fund is established in the state treasury. During each fiscal year, the state treasurer shall deposit in the emergency reserve fund all general fund -- state revenues in excess of the state expenditure limit for that fiscal year. Deposits shall be made at the end of each fiscal quarter based on projections of state revenues and the state expenditure limit. The treasurer shall make transfers between these accounts as necessary to reconcile actual annual revenues and the expenditure limit for fiscal year 2000 and thereafter.
     (2) The legislature may appropriate moneys from the emergency reserve fund only with approval of at least two-thirds of the members of each house of the legislature, and then only if the appropriation does not cause total expenditures to exceed the state expenditure limit under this chapter.
     (3) The emergency reserve fund balance shall not exceed five percent of annual general fund -- state revenues as projected by the official state revenue forecast. Any balance in excess of five percent shall be transferred on a quarterly basis by the state treasurer as follows: Seventy-five percent to the student achievement fund hereby created in the state treasury and twenty-five percent to the general fund balance. The treasurer shall make transfers between these accounts as necessary to reconcile actual annual revenues for fiscal year 2000 and thereafter. When per-student state funding for the maintenance and operation of K-12 education meets a level of no less than ninety percent of the national average of total funding from all sources per student as determined by the most recent published data from the national center for education statistics of the United States department of education, as calculated by the office of financial management, further deposits to the student achievement fund shall be required only to the extent necessary to maintain the ninety-percent level. Remaining funds are part of the general fund balance and these funds are subject to the expenditure limits of this chapter.
     (4) The education construction fund is hereby created in the state treasury.
     (a) Funds may be appropriated from the education construction fund exclusively for common school construction or higher education construction.
     (b) Funds may be appropriated for any other purpose only if approved by a two-thirds vote of each house of the legislature and if approved by a vote of the people at the next general election. An appropriation approved by the people under this subsection shall result in an adjustment to the state expenditure limit only for the fiscal period for which the appropriation is made and shall not affect any subsequent fiscal period.
     (5) Funds from the student achievement fund shall be appropriated to the superintendent of public instruction strictly for distribution to school districts to meet the provisions set out in the student achievement act. Allocations shall be made on an equal per full-time equivalent student basis to each school district.
     (6) Earnings of the emergency reserve fund under RCW 43.84.092(4)(a) shall be transferred quarterly to the multimodal transportation account, except for those earnings that are in excess of thirty-five million dollars each fiscal year. Within thirty days following any fiscal year in which earnings transferred to the multimodal transportation account under this subsection did not total thirty-five million dollars, the state treasurer shall transfer from the emergency reserve fund an amount necessary to bring the total deposited in the multimodal transportation account under this subsection to thirty-five million dollars. The revenues to the multimodal transportation account reflected in this subsection provide ongoing support for the transportation programs of the state. However, it is the intent of the legislature that any new long-term financial support that may be subsequently provided for transportation programs will be used to replace and supplant the revenues reflected in this subsection, thereby allowing those revenues to be returned to the purposes to which they were previously dedicated. No transfers from the emergency reserve fund to the multimodal fund shall be made during the 2003-05 fiscal biennium.

Sec. 921   RCW 43.320.110 and 2002 c 371 s 912 are each amended to read as follows:
     There is created a local fund known as the "financial services regulation fund" which shall consist of all moneys received by the divisions of the department of financial institutions, except for the division of securities which shall deposit thirteen percent of all moneys received, and which shall be used for the purchase of supplies and necessary equipment; the payment of salaries, wages, and utilities; the establishment of reserves; and other incidental costs required for the proper regulation of individuals and entities subject to regulation by the department. The state treasurer shall be the custodian of the fund. Disbursements from the fund shall be on authorization of the director of financial institutions or the director's designee. In order to maintain an effective expenditure and revenue control, the fund shall be subject in all respects to chapter 43.88 RCW, but no appropriation is required to permit expenditures and payment of obligations from the fund.
     ((Between July 1, 2001, and December 31, 2001, the legislature may transfer up to two million dollars from the financial services regulation fund to the digital government revolving account.)) During the ((2001-)) 2003-2005 fiscal biennium, the legislature may transfer from the financial services regulation fund to the state general fund such amounts as reflect the excess fund balance of the fund ((and appropriations reductions made by the 2002 supplemental appropriations act for administrative efficiencies and savings)).

Sec. 922   RCW 46.09.170 and 1995 c 166 s 9 are each amended to read as follows:
     (1) From time to time, but at least once each year, the state treasurer shall refund from the motor vehicle fund one percent of the motor vehicle fuel tax revenues collected under chapter 82.36 RCW, based on the tax rate in effect January 1, 1990, less proper deductions for refunds and costs of collection as provided in RCW 46.68.090. The treasurer shall place these funds in the general fund as follows:
     (a) Forty percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of natural resources solely for planning, maintenance, and management of ORV recreation facilities, nonhighway roads, and nonhighway road recreation facilities. The funds under this subsection shall be expended in accordance with the following limitations:
     (i) Not more than five percent may be expended for information programs under this chapter;
     (ii) Not less than ten percent and not more than fifty percent may be expended for ORV recreation facilities;
     (iii) Not more than twenty-five percent may be expended for maintenance of nonhighway roads;
     (iv) Not more than fifty percent may be expended for nonhighway road recreation facilities;
     (v) Ten percent shall be transferred to the interagency committee for outdoor recreation for grants to law enforcement agencies in those counties where the department of natural resources maintains ORV facilities. This amount is in addition to those distributions made by the interagency committee for outdoor recreation under (d)(i) of this subsection;
     (b) Three and one-half percent shall be credited to the ORV and nonhighway vehicle account and administered by the department of fish and wildlife solely for the acquisition, planning, development, maintenance, and management of nonhighway roads and recreation facilities;
     (c) Two percent shall be credited to the ORV and nonhighway vehicle account and administered by the parks and recreation commission solely for the maintenance and management of ORV use areas and facilities; and
     (d) Fifty-four and one-half percent, together with the funds received by the interagency committee for outdoor recreation under RCW 46.09.110, shall be credited to the nonhighway and off-road vehicle activities program account to be administered by the committee for planning, acquisition, development, maintenance, and management of ORV recreation facilities and nonhighway road recreation facilities; ORV user education and information; and ORV law enforcement programs. The funds under this subsection shall be expended in accordance with the following limitations:
     (i) Not more than twenty percent may be expended for ORV education, information, and law enforcement programs under this chapter;
     (ii) Not less than an amount equal to the funds received by the interagency committee for outdoor recreation under RCW 46.09.110 and not more than sixty percent may be expended for ORV recreation facilities;
     (iii) Not more than twenty percent may be expended for nonhighway road recreation facilities.
     (2) On a yearly basis an agency may not, except as provided in RCW 46.09.110, expend more than ten percent of the funds it receives under this chapter for general administration expenses incurred in carrying out this chapter.
     (3) During the 2003-05 fiscal biennium, the legislature may appropriate such amounts as reflect the excess fund balance in the ORV account to the interagency committee for outdoor recreation, the department of natural resources, the department of fish and wildlife, and the state parks and recreation commission. This appropriation is not required to follow the specific distribution specified in subsection (1) of this section.

Sec. 923   RCW 48.02.190 and 2002 c 371 s 913 are each amended to read as follows:
     (1) As used in this section:
     (a) "Organization" means every insurer, as defined in RCW 48.01.050, having a certificate of authority to do business in this state and every health care service contractor registered to do business in this state. "Class one" organizations shall consist of all insurers as defined in RCW 48.01.050. "Class two" organizations shall consist of all organizations registered under provisions of chapter 48.44 RCW.
     (b) "Receipts" means (i) net direct premiums consisting of direct gross premiums, as defined in RCW 48.18.170, paid for insurance written or renewed upon risks or property resident, situated, or to be performed in this state, less return premiums and premiums on policies not taken, dividends paid or credited to policyholders on direct business, and premiums received from policies or contracts issued in connection with qualified plans as defined in RCW 48.14.021, and (ii) prepayments to health care service contractors as set forth in RCW 48.44.010(3) less experience rating credits, dividends, prepayments returned to subscribers, and payments for contracts not taken.
     (2) The annual cost of operating the office of insurance commissioner shall be determined by legislative appropriation. A pro rata share of the cost shall be charged to all organizations. Each class of organization shall contribute sufficient in fees to the insurance commissioner's regulatory account to pay the reasonable costs, including overhead, of regulating that class of organization.
     (3) Fees charged shall be calculated separately for each class of organization. The fee charged each organization shall be that portion of the cost of operating the insurance commissioner's office, for that class of organization, for the ensuing fiscal year that is represented by the organization's portion of the receipts collected or received by all organizations within that class on business in this state during the previous calendar year: PROVIDED, That the fee shall not exceed one-eighth of one percent of receipts: PROVIDED FURTHER, That the minimum fee shall be one thousand dollars.
     (4) The commissioner shall annually, on or before June 1, calculate and bill each organization for the amount of its fee. Fees shall be due and payable no later than June 15 of each year: PROVIDED, That if the necessary financial records are not available or if the amount of the legislative appropriation is not determined in time to carry out such calculations and bill such fees within the time specified, the commissioner may use the fee factors for the prior year as the basis for the fees and, if necessary, the commissioner may impose supplemental fees to fully and properly charge the organizations. The penalties for failure to pay fees when due shall be the same as the penalties for failure to pay taxes pursuant to RCW 48.14.060. The fees required by this section are in addition to all other taxes and fees now imposed or that may be subsequently imposed.
     (5) All moneys collected shall be deposited in the insurance commissioner's regulatory account in the state treasury which is hereby created.
     (6) Unexpended funds in the insurance commissioner's regulatory account at the close of a fiscal year shall be carried forward in the insurance commissioner's regulatory account to the succeeding fiscal year and shall be used to reduce future fees. During the ((2001-2003)) 2003-2005 fiscal biennium, the legislature may transfer from the insurance commissioner's regulatory account to the state general fund such amounts as reflect excess fund balance in the account.

Sec. 924   RCW 49.26.130 and 1989 c 154 s 9 are each amended to read as follows:
     (1) The department shall administer this chapter.
     (2) The director of the department shall adopt, in accordance with chapters 34.05 and 49.17 RCW, rules necessary to carry out this chapter.
     (3) The department shall prescribe fees for the issuance and renewal of certificates, including recertification, and the administration of examinations, and for the review of training courses.
     (4) The asbestos account is hereby established in the state treasury. All fees collected under this chapter shall be deposited in the account. Moneys in the account shall be spent after appropriation only for costs incurred by the department in the administration and enforcement of this chapter. Disbursements from the account shall be on authorization of the director of the department or the director's designee.
     (5) During the 2003-2005 fiscal biennium, the legislature may transfer from the asbestos account to the state general fund such amounts as reflect the excess fund balance in the account.

Sec. 925   RCW 50.16.010 and 2002 c 371 s 914 are each amended to read as follows:
     There shall be maintained as special funds, separate and apart from all public moneys or funds of this state an unemployment compensation fund, an administrative contingency fund, and a federal interest payment fund, which shall be administered by the commissioner exclusively for the purposes of this title, and to which RCW 43.01.050 shall not be applicable.
     The unemployment compensation fund shall consist of
     (1) all contributions and payments in lieu of contributions collected pursuant to the provisions of this title,
     (2) any property or securities acquired through the use of moneys belonging to the fund,
     (3) all earnings of such property or securities,
     (4) any moneys received from the federal unemployment account in the unemployment trust fund in accordance with Title XII of the social security act, as amended,
     (5) all money recovered on official bonds for losses sustained by the fund,
     (6) all money credited to this state's account in the unemployment trust fund pursuant to section 903 of the social security act, as amended,
     (7) all money received from the federal government as reimbursement pursuant to section 204 of the federal-state extended compensation act of 1970 (84 Stat. 708-712; 26 U.S.C. Sec. 3304), and
     (8) all moneys received for the fund from any other source.
     All moneys in the unemployment compensation fund shall be commingled and undivided.
     The administrative contingency fund shall consist of all interest on delinquent contributions collected pursuant to this title, all fines and penalties collected pursuant to the provisions of this title, all sums recovered on official bonds for losses sustained by the fund, and revenue received under RCW 50.24.014: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.
     Moneys available in the administrative contingency fund, other than money in the special account created under RCW 50.24.014, shall be expended upon the direction of the commissioner, with the approval of the governor, whenever it appears to him or her that such expenditure is necessary for:
     (a) The proper administration of this title and no federal funds are available for the specific purpose to which such expenditure is to be made, provided, the moneys are not substituted for appropriations from federal funds which, in the absence of such moneys, would be made available.
     (b) The proper administration of this title for which purpose appropriations from federal funds have been requested but not yet received, provided, the administrative contingency fund will be reimbursed upon receipt of the requested federal appropriation.
     (c) The proper administration of this title for which compliance and audit issues have been identified that establish federal claims requiring the expenditure of state resources in resolution. Claims must be resolved in the following priority: First priority is to provide services to eligible participants within the state; second priority is to provide substitute services or program support; and last priority is the direct payment of funds to the federal government.
     (d) During the ((2001-))2003-2005 fiscal biennium, the cost of ((worker retraining programs)) the job skills program and the alliance for corporate education at community and technical colleges as appropriated by the legislature.
     Money in the special account created under RCW 50.24.014 may only be expended, after appropriation, for the purposes specified in RCW 50.62.010, 50.62.020, 50.62.030, 50.04.070, 50.04.072, 50.16.010, 50.29.025, 50.24.014, 50.44.053, and 50.22.010.

Sec. 926   RCW 51.44.170 and 2002 c 371 s 916 are each amended to read as follows:
     The industrial insurance premium refund account is created in the custody of the state treasurer. All industrial insurance refunds earned by state agencies or institutions of higher education under the state fund retrospective rating program shall be deposited into the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures from the account. Only the executive head of the agency or institution of higher education, or designee, may authorize expenditures from the account. No agency or institution of higher education may make an expenditure from the account for an amount greater than the refund earned by the agency. If the agency or institution of higher education has staff dedicated to workers' compensation claims management, expenditures from the account must be used to pay for that staff, but additional expenditure from the account may be used for any program within an agency or institution of higher education that promotes or provides incentives for employee workplace safety and health and early, appropriate return-to-work for injured employees. During the ((2001-2003)) 2003-2005 fiscal biennium, the legislature may transfer from the industrial insurance premium refund account to the state general fund such amounts as reflect the ((reductions made by the 2002 supplemental appropriations act for administrative efficiencies and savings)) excess fund balance of the account.

Sec. 927   RCW 66.08.190 and 2002 c 38 s 2 are each amended to read as follows:
     (1) Except for revenues generated by the 2003 surcharge of $0.42/liter on retail sales of spirits that shall be distributed to the state general fund during the 2003-2005 biennium, when excess funds are distributed, all moneys subject to distribution shall be disbursed as follows:
     (a) Three-tenths of one percent to border areas under RCW 66.08.195; and
     (b) From the amount remaining after distribution under (a) of this subsection, (i) fifty percent to the general fund of the state, (ii) ten percent to the counties of the state, and (iii) forty percent to the incorporated cities and towns of the state.
     (2) During the months of June, September, December, and March of each year, prior to disbursing the distribution to incorporated cities and towns under subsection (1)(b) of this section, the treasurer shall deduct from that distribution an amount that will fund that quarter's allotments under RCW 43.88.110 from any legislative appropriation from the city and town research services account. The treasurer shall deposit the amount deducted into the city and town research services account.
     (3) The governor may notify and direct the state treasurer to withhold the revenues to which the counties and cities are entitled under this section if the counties or cities are found to be in noncompliance pursuant to RCW 36.70A.340.

Sec. 928   RCW 66.16.010 and 1939 c 172 s 10 are each amended to read as follows:
     (1) There shall be established at such places throughout the state as the liquor control board, constituted under this title, shall deem advisable, stores to be known as "state liquor stores," for the sale of liquor in accordance with the provisions of this title and the regulations: PROVIDED, That the prices of all liquor shall be fixed by the board from time to time so that the net annual revenue received by the board therefrom shall not exceed thirty-five percent. Effective no later than September 1, 2003, the liquor control board shall add an equivalent surcharge of $0.42 per liter on all retail sales of spirits, excluding licensee, military, and tribal sales. The intent of this surcharge is to raise $14,000,000 in additional general fund-state revenue for the 2003-2005 biennium. To the extent that a lesser surcharge is sufficient to raise $14,000,000, the board may reduce the amount of the surcharge. The board shall remove the surcharge once it generates $14,000,000, but no later than June 30, 2005.
     (2) The liquor control board may, from time to time, fix the special price at which pure ethyl alcohol may be sold to physicians and dentists and institutions regularly conducted as hospitals, for use or consumption only in such hospitals; and may also fix the special price at which pure ethyl alcohol may be sold to schools, colleges and universities within the state for use for scientific purposes. Regularly conducted hospitals may have right to purchase pure ethyl alcohol on a federal permit.
     (3) The liquor control board may also fix the special price at which pure ethyl alcohol may be sold to any department, branch or institution of the state of Washington, federal government, or to any person engaged in a manufacturing or industrial business or in scientific pursuits requiring alcohol for use therein.
     (4) The liquor control board may also fix a special price at which pure ethyl alcohol may be sold to any private individual, and shall make regulations governing such sale of alcohol to private individuals as shall promote, as nearly as may be, the minimum purchase of such alcohol by such persons.

Sec. 929   RCW 67.40.040 and 1995 c 386 s 13 are each amended to read as follows:
     (1) The proceeds from the sale of the bonds authorized in RCW 67.40.030, proceeds of the taxes imposed under RCW 67.40.090 and 67.40.130, and all other moneys received by the state convention and trade center from any public or private source which are intended to fund the acquisition, design, construction, expansion, exterior cleanup and repair of the Eagles building, conversion of various retail and other space to meeting rooms, purchase of the land and building known as the McKay Parcel, development of low-income housing, or renovation of the center, and those expenditures authorized under RCW 67.40.170 shall be deposited in the state convention and trade center account hereby created in the state treasury and in such subaccounts as are deemed appropriate by the directors of the corporation.
     (2) Moneys in the account, including unanticipated revenues under RCW 43.79.270, shall be used exclusively for the following purposes in the following priority:
     (a) For reimbursement of the state general fund under RCW 67.40.060;
     (b) After appropriation by statute:
     (i) For payment of expenses incurred in the issuance and sale of the bonds issued under RCW 67.40.030;
     (ii) For expenditures authorized in RCW 67.40.170;
     (iii) For acquisition, design, and construction of the state convention and trade center; and
     (iv) For reimbursement of any expenditures from the state general fund in support of the state convention and trade center; and
     (c) For transfer to the state convention and trade center operations account.
     (3) The corporation shall identify with specificity those facilities of the state convention and trade center that are to be financed with proceeds of general obligation bonds, the interest on which is intended to be excluded from gross income for federal income tax purposes. The corporation shall not permit the extent or manner of private business use of those bond-financed facilities to be inconsistent with treatment of such bonds as governmental bonds under applicable provisions of the Internal Revenue Code of 1986, as amended.
     (4) In order to ensure consistent treatment of bonds authorized under RCW 67.40.030 with applicable provisions of the Internal Revenue Code of 1986, as amended, and notwithstanding RCW 43.84.092, investment earnings on bond proceeds deposited in the state convention and trade center account in the state treasury shall be retained in the account, and shall be expended by the corporation for the purposes authorized under chapter 386, Laws of 1995 and in a manner consistent with applicable provisions of the Internal Revenue Code of 1986, as amended.
     (5) During the 2003-2005 fiscal biennium, the legislature may transfer from the state convention and trade center account to the state general fund such amounts as reflect the excess fund balance of the account.

Sec. 930   RCW 69.50.520 and 2002 c 371 s 920 are each amended to read as follows:
     The violence reduction and drug enforcement account is created in the state treasury. All designated receipts from RCW 9.41.110(8), 66.24.210(4), 66.24.290(2), 69.50.505(i)(1), 82.08.150(5), 82.24.020(2), 82.64.020, and section 420, chapter 271, Laws of 1989 shall be deposited into the account. Expenditures from the account may be used only for funding services and programs under chapter 271, Laws of 1989 and chapter 7, Laws of 1994 sp. sess., including state incarceration costs. Funds from the account may also be appropriated to reimburse local governments for costs associated with implementing criminal justice legislation including chapter 338, Laws of 1997. During the ((2001-)) 2003-2005 biennium, funds from the account may also be used for costs associated with providing grants to local governments in accordance with chapter 338, Laws of 1997, ((the replacement of the department of corrections' offender-based tracking system)) funding drug offender treatment services in accordance with RCW 70.96A.350, maintenance and operating costs of the Washington association of sheriffs and police chiefs jail reporting system, civil indigent legal representation, ((and for)) multijurisdictional narcotics task forces((. After July 1, 2003, at least seven and one-half percent of expenditures from the account shall be used for providing)), and grants to community networks under chapter 70.190 RCW by the family policy council.

Sec. 931   RCW 70.79.350 and 1979 c 151 s 171 are each amended to read as follows:
     The chief inspector shall give an official receipt for all fees required by chapter 70.79 RCW and shall transfer all sums so received to the treasurer of the state of Washington as ex officio custodian thereof and ((by him, as such custodian,)) the treasurer shall place ((said)) all sums in a special fund hereby created and designated as the "pressure systems safety fund". ((Said)) Funds ((by him)) shall be paid out upon vouchers duly and regularly issued therefor and approved by the director of the department of labor and industries. The treasurer, as ex officio custodian of ((said)) the fund, shall keep an accurate record of any payments into ((said)) the fund, and of all disbursements therefrom. ((Said)) The fund shall be used exclusively to defray only the expenses of administering chapter 70.79 RCW by the chief inspector as authorized by law and the expenses incident to the maintenance of ((his)) the office. The fund shall be charged with its pro rata share of the cost of administering ((said)) the fund which is to be determined by the director of financial management and by the director of the department of labor and industries.
     During the 2003-2005 fiscal biennium, the legislature may transfer from the pressure systems safety fund to the state general fund such amounts as reflect the excess fund balance of the fund.

Sec. 932   RCW 70.94.483 and 1991 sp.s. c 13 ss 64, 65 are each amended to read as follows:
     (1) The wood stove education and enforcement account is hereby created in the state treasury. Money placed in the account shall include all money received under subsection (2) of this section and any other money appropriated by the legislature. Money in the account shall be spent for the purposes of the wood stove education program established under RCW 70.94.480 and for enforcement of the wood stove program, and shall be subject to legislative appropriation. However, during the 2003-05 fiscal biennium, the legislature may transfer from the wood stove education and enforcement account to the air pollution control account such amounts as specified in the omnibus operating budget bill.
     (2) The department of ecology, with the advice of the advisory committee, shall set a flat fee of thirty dollars, on the retail sale, as defined in RCW 82.04.050, of each solid fuel burning device after January 1, 1992. The fee shall be imposed upon the consumer and shall not be subject to the retail sales tax provisions of chapters 82.08 and 82.12 RCW. The fee may be adjusted annually above thirty dollars to account for inflation as determined by the state office of the economic and revenue forecast council. The fee shall be collected by the department of revenue in conjunction with the retail sales tax under chapter 82.08 RCW. If the seller fails to collect the fee herein imposed or fails to remit the fee to the department of revenue in the manner prescribed in chapter 82.08 RCW, the seller shall be personally liable to the state for the amount of the fee. The collection provisions of chapter 82.32 RCW shall apply. The department of revenue shall deposit fees collected under this section in the wood stove education and enforcement account.

Sec. 933   RCW 70.105D.070 and 2001 c 27 s 2 are each amended to read as follows:
     (1) The state toxics control account and the local toxics control account are hereby created in the state treasury.
     (2) The following moneys shall be deposited into the state toxics control account: (a) Those revenues which are raised by the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-three one-hundredths of one percent; (b) the costs of remedial actions recovered under this chapter or chapter 70.105A RCW; (c) penalties collected or recovered under this chapter; and (d) any other money appropriated or transferred to the account by the legislature. Moneys in the account may be used only to carry out the purposes of this chapter, including but not limited to the following activities:
     (i) The state's responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.105 RCW;
     (ii) The state's responsibility for solid waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.95 RCW;
     (iii) The hazardous waste cleanup program required under this chapter;
     (iv) State matching funds required under the federal cleanup law;
     (v) Financial assistance for local programs in accordance with chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
     (vi) State government programs for the safe reduction, recycling, or disposal of hazardous wastes from households, small businesses, and agriculture;
     (vii) Hazardous materials emergency response training;
     (viii) Water and environmental health protection and monitoring programs;
     (ix) Programs authorized under chapter 70.146 RCW;
     (x) A public participation program, including regional citizen advisory committees;
     (xi) Public funding to assist potentially liable persons to pay for the costs of remedial action in compliance with cleanup standards under RCW 70.105D.030(2)(e) but only when the amount and terms of such funding are established under a settlement agreement under RCW 70.105D.040(4) and when the director has found that the funding will achieve both (A) a substantially more expeditious or enhanced cleanup than would otherwise occur, and (B) the prevention or mitigation of unfair economic hardship; and
     (xii) Development and demonstration of alternative management technologies designed to carry out the top two hazardous waste management priorities of RCW 70.105.150.
     (3) The following moneys shall be deposited into the local toxics control account: Those revenues which are raised by the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-seven one-hundredths of one percent.
     (a) Moneys deposited in the local toxics control account shall be used by the department for grants or loans to local governments for the following purposes in descending order of priority: (i) Remedial actions; (ii) hazardous waste plans and programs under chapter 70.105 RCW; (iii) solid waste plans and programs under chapters 70.95, 70.95C, 70.95I, and 70.105 RCW; (iv) funds for a program to assist in the assessment and cleanup of sites of methamphetamine production, but not to be used for the initial containment of such sites, consistent with the responsibilities and intent of RCW 69.50.511; and (v) cleanup and disposal of hazardous substances from abandoned or derelict vessels that pose a threat to human health or the environment. For purposes of this subsection (3)(a)(v), "abandoned or derelict vessels" means vessels that have little or no value and either have no identified owner or have an identified owner lacking financial resources to clean up and dispose of the vessel. Funds for plans and programs shall be allocated consistent with the priorities and matching requirements established in chapters 70.105, 70.95C, 70.95I, and 70.95 RCW. During the 1999-2001 fiscal biennium, moneys in the account may also be used for the following activities: Conducting a study of whether dioxins occur in fertilizers, soil amendments, and soils; reviewing applications for registration of fertilizers; and conducting a study of plant uptake of metals. During the 2003-05 fiscal biennium, the legislature may transfer from the local toxics control account to the state toxics control account such amounts as specified in the omnibus operating budget bill for methamphetamine lab cleanup.
     (b) Funds may also be appropriated to the department of health to implement programs to reduce testing requirements under the federal safe drinking water act for public water systems. The department of health shall reimburse the account from fees assessed under RCW 70.119A.115 by June 30, 1995.
     (4) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the state and local toxics control accounts may be spent only after appropriation by statute.
     (5) One percent of the moneys deposited into the state and local toxics control accounts shall be allocated only for public participation grants to persons who may be adversely affected by a release or threatened release of a hazardous substance and to not-for-profit public interest organizations. The primary purpose of these grants is to facilitate the participation by persons and organizations in the investigation and remedying of releases or threatened releases of hazardous substances and to implement the state's solid and hazardous waste management priorities. However, during the 1999-2001 fiscal biennium, funding may not be granted to entities engaged in lobbying activities, and applicants may not be awarded grants if their cumulative grant awards under this section exceed two hundred thousand dollars. No grant may exceed sixty thousand dollars. Grants may be renewed annually. Moneys appropriated for public participation from either account which are not expended at the close of any biennium shall revert to the state toxics control account.
     (6) No moneys deposited into either the state or local toxics control account may be used for solid waste incinerator feasibility studies, construction, maintenance, or operation.
     (7) The department shall adopt rules for grant or loan issuance and performance.

Sec. 934   RCW 70.146.030 and 2002 c 371 s 921 are each amended to read as follows:
     (1) The water quality account is hereby created in the state treasury. Moneys in the account may be used only in a manner consistent with this chapter. Moneys deposited in the account shall be administered by the department of ecology and shall be subject to legislative appropriation. Moneys placed in the account shall include tax receipts as provided in RCW 82.24.027, 82.26.025, and 82.32.390, principal and interest from the repayment of any loans granted pursuant to this chapter, and any other moneys appropriated to the account by the legislature.
     (2) The department may use or permit the use of any moneys in the account to make grants or loans to public bodies, including grants to public bodies as cost-sharing moneys in any case where federal, local, or other funds are made available on a cost-sharing basis, for water pollution control facilities and activities, or for purposes of assisting a public body to obtain an ownership interest in water pollution control facilities and/or to defray a part of the payments made by a public body to a service provider under a service agreement entered into pursuant to RCW 70.150.060, within the purposes of this chapter and for related administrative expenses. For the period July 1, ((2001)) 2003, to June 30, ((2003)) 2005, moneys in the account may be used to process applications received by the department that seek to make changes to or transfer existing water rights and for grants and technical assistance to public bodies for watershed planning under chapter 90.82 RCW. No more than three percent of the moneys deposited in the account may be used by the department to pay for the administration of the grant and loan program authorized by this chapter.
     (3) Beginning with the biennium ending June 30, 1997, the department shall present a biennial progress report on the use of moneys from the account to the chairs of the senate committee on ways and means and the house of representatives committee on appropriations. The first report is due June 30, 1996, and the report for each succeeding biennium is due December 31 of the odd-numbered year. The report shall consist of a list of each recipient, project description, and amount of the grant, loan, or both.

Sec. 935   RCW 70.146.080 and 1994 sp.s. c 6 s 902 are each amended to read as follows:
     Within thirty days after June 30, 1987, and within thirty days after each succeeding fiscal year thereafter, the state treasurer shall determine the tax receipts deposited into the water quality account for the preceding fiscal year. If the tax receipts deposited into the account in each of the fiscal years 1988 and 1989 are less than forty million dollars, the state treasurer shall transfer sufficient moneys from general state revenues into the water quality account to bring the total receipts in each fiscal year up to forty million dollars.
     For the biennium ending June 30, 1991, if the tax receipts deposited into the water quality account and the earnings on investment of balances credited to the account are less than ninety million dollars, the treasurer shall transfer sufficient moneys from general state revenues into the water quality account to bring the total revenue up to ninety million dollars. The determination and transfer shall be made by July 31, 1991.
     For fiscal year 1992 and for fiscal years 1995 and 1996 and thereafter, if the tax receipts deposited into the water quality account for each fiscal year are less than forty-five million dollars, the treasurer shall transfer sufficient moneys from general state revenues into the water quality account to bring the total revenue up to forty-five million dollars. However, during the 2003-05 fiscal biennium, the legislature may specify the transfer of a different amount in the operating budget bill. Determinations and transfers shall be made by July 31 for the preceding fiscal year.

Sec. 936   RCW 72.11.040 and 2001 2nd sp.s. c 7 s 919 are each amended to read as follows:
     The cost of supervision fund is created in the custody of the state treasurer. All receipts from assessments made under RCW 9.94A.780 and 72.04A.120 shall be deposited into the fund. Expenditures from the fund may be used only to support the collection of legal financial obligations. During the ((2001-)) 2003-2005 biennium, funds from the account may also be used for costs associated with the department's supervision of the offenders in the community. Only the secretary of the department of corrections or the secretary's designee may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

Sec. 937   RCW 76.12.050 and 1973 1st ex.s. c 50 s 1 are each amended to read as follows:
     (1) The board of county commissioners of any county and/or the mayor and city council or city commission of any city or town and/or the board of natural resources shall have authority to exchange, each with the other, or with the federal forest service, the federal government or any proper agency thereof and/or with any private landowner, county land of any character, land owned by municipalities of any character, and land owned by the state under the jurisdiction of the department of natural resources, for real property of equal value for the purpose of consolidating and blocking up the respective land holdings of any county, municipality, the federal government, or the state of Washington or for the purpose of obtaining lands having commercial recreational leasing potential.
     (2) During the biennium ending June 30, 2005, the department, with approval of the board, may exchange any state forest land and any timber thereon for any real property and proceeds of equal value. Proceeds may be in the form of cash or services in order to achieve the purposes established in this section. Any cash received as part of an exchange transaction shall be deposited in the forest development account to pay for administrative expenses incurred in carrying out an exchange transaction. The amount of proceeds received from the exchange partner may not exceed five percent of the total value of the exchange. The receipt of proceeds shall not change the character of the transaction from an exchange to a sale.

Sec. 938   RCW 76.12.170 and 1988 c 128 s 36 are each amended to read as follows:
     All receipts from the sale of stock or seed shall be deposited in a state forest nursery revolving fund to be maintained by the department, which is hereby authorized to use all money in said fund for the maintenance of the state tree nursery or the planting of denuded state owned lands.
     During the 2003-2005 fiscal biennium, the legislature may transfer from the state forest nursery revolving fund to the state general fund such amounts as reflect the excess fund balance of the fund.

Sec. 939   RCW 79.08.180 and 1987 c 113 s 1 are each amended to read as follows:
     (1) The department of natural resources, with the approval of the board of natural resources, may exchange any state land and any timber thereon for any land of equal value in order to:
     (((1))) (a) Facilitate the marketing of forest products of state lands;
     (((2))) (b) Consolidate and block-up state lands;
     (((3))) (c) Acquire lands having commercial recreational leasing potential;
     (((4))) (d) Acquire county-owned lands;
     (((5))) (e) Acquire urban property which has greater income potential or which could be more efficiently managed by the department in exchange for state urban lands as defined in RCW 79.01.784; or
     (((6))) (f) Acquire any other lands when such exchange is determined by the board of natural resources to be in the best interest of the trust for which the state land is held.
     (((7))) (2) Land exchanged under this section shall not be used to reduce the publicly owned forest land base.
     (((8))) (3) The board of natural resources shall determine that each land exchange is in the best interest of the trust for which the land is held prior to authorizing the land exchange.
     (4) During the biennium ending June 30, 2005, the department, with approval of the board, may exchange any state land and any timber thereon for any land and proceeds of equal value. Proceeds may be in the form of cash or services in order to achieve the purposes established in this section. Any cash received as part of an exchange transaction shall be deposited in the resource management cost account to pay for administrative expenses incurred in carrying out an exchange transaction. The amount of proceeds received from the exchange partner may not exceed five percent of the total value of the exchange. The receipt of proceeds shall not change the character of the transaction from an exchange to a sale.

Sec. 940   RCW 80.01.080 and 2002 c 371 s 924 are each amended to read as follows:
     There is created in the state treasury a public service revolving fund. Regulatory fees payable by all types of public service companies shall be deposited to the credit of the public service revolving fund. Except for expenses payable out of the pipeline safety account, all expense of operation of the Washington utilities and transportation commission shall be payable out of the public service revolving fund.
     During the ((2001-2003)) 2003-2005 fiscal biennium, the legislature may transfer from the public service revolving fund to the state general fund such amounts as reflect the ((appropriations reductions made by the 2002 supplemental appropriations act for administrative efficiencies and savings)) excess fund balance of the fund.

Sec. 941   RCW 82.14.200 and 1998 c 321 s 8 are each amended to read as follows:
     There is created in the state treasury a special account to be known as the "county sales and use tax equalization account." Into this account shall be placed a portion of all motor vehicle excise tax receipts as provided in RCW 82.44.110. Funds in this account shall be allocated by the state treasurer according to the following procedure:
     (1) Prior to April 1st of each year the director of revenue shall inform the state treasurer of the total and the per capita levels of revenues for the unincorporated area of each county and the statewide weighted average per capita level of revenues for the unincorporated areas of all counties imposing the sales and use tax authorized under RCW 82.14.030(1) for the previous calendar year.
     (2) At such times as distributions are made under RCW 82.44.150, the state treasurer shall apportion to each county imposing the sales and use tax under RCW 82.14.030(1) at the maximum rate and receiving less than one hundred fifty thousand dollars from the tax for the previous calendar year, an amount from the county sales and use tax equalization account sufficient, when added to the amount of revenues received the previous calendar year by the county, to equal one hundred fifty thousand dollars.
     The department of revenue shall establish a governmental price index as provided in this subsection. The base year for the index shall be the end of the third quarter of 1982. Prior to November 1, 1983, and prior to each November 1st thereafter, the department of revenue shall establish another index figure for the third quarter of that year. The department of revenue may use the implicit price deflators for state and local government purchases of goods and services calculated by the United States department of commerce to establish the governmental price index. Beginning on January 1, 1984, and each January 1st thereafter, the one hundred fifty thousand dollar base figure in this subsection shall be adjusted in direct proportion to the percentage change in the governmental price index from 1982 until the year before the adjustment. Distributions made under this subsection for 1984 and thereafter shall use this adjusted base amount figure.
     (3) Subsequent to the distributions under subsection (2) of this section and at such times as distributions are made under RCW 82.44.150, the state treasurer shall apportion to each county imposing the sales and use tax under RCW 82.14.030(1) at the maximum rate and receiving less than seventy percent of the statewide weighted average per capita level of revenues for the unincorporated areas of all counties as determined by the department of revenue under subsection (1) of this section, an amount from the county sales and use tax equalization account sufficient, when added to the per capita level of revenues for the unincorporated area received the previous calendar year by the county, to equal seventy percent of the statewide weighted average per capita level of revenues for the unincorporated areas of all counties determined under subsection (1) of this section, subject to reduction under subsections (6) and (7) of this section. When computing distributions under this section, any distribution under subsection (2) of this section shall be considered revenues received from the tax imposed under RCW 82.14.030(1) for the previous calendar year.
     (4) Subsequent to the distributions under subsection (3) of this section and at such times as distributions are made under RCW 82.44.150, the state treasurer shall apportion to each county imposing the sales and use tax under RCW 82.14.030(2) at the maximum rate and receiving a distribution under subsection (2) of this section, a third distribution from the county sales and use tax equalization account. The distribution to each qualifying county shall be equal to the distribution to the county under subsection (2) of this section, subject to the reduction under subsections (6) and (7) of this section. To qualify for the total distribution under this subsection, the county must impose the tax under RCW 82.14.030(2) for the entire calendar year. Counties imposing the tax for less than the full year shall qualify for prorated allocations under this subsection proportionate to the number of months of the year during which the tax is imposed.
     (5) Subsequent to the distributions under subsection (4) of this section and at such times as distributions are made under RCW 82.44.150, the state treasurer shall apportion to each county imposing the sales and use tax under RCW 82.14.030(2) at the maximum rate and receiving a distribution under subsection (3) of this section, a fourth distribution from the county sales and use tax equalization account. The distribution to each qualifying county shall be equal to the distribution to the county under subsection (3) of this section, subject to the reduction under subsections (6) and (7) of this section. To qualify for the distributions under this subsection, the county must impose the tax under RCW 82.14.030(2) for the entire calendar year. Counties imposing the tax for less than the full year shall qualify for prorated allocations under this subsection proportionate to the number of months of the year during which the tax is imposed.
     (6) Revenues distributed under subsections (2) through (5) of this section in any calendar year shall not exceed an amount equal to seventy percent of the statewide weighted average per capita level of revenues for the unincorporated areas of all counties during the previous calendar year. If distributions under subsections (3) through (5) of this section cannot be made because of this limitation, then distributions under subsections (3) through (5) of this section shall be reduced ratably among the qualifying counties.
     (7) If inadequate revenues exist in the county sales and use tax equalization account to make the distributions under subsections (3) through (5) of this section, then the distributions under subsections (3) through (5) of this section shall be reduced ratably among the qualifying counties. At such time during the year as additional funds accrue to the county sales and use tax equalization account, additional distributions shall be made under subsections (3) through (5) of this section to the counties.
     (8) If the level of revenues in the county sales and use tax equalization account exceeds the amount necessary to make the distributions under subsections (2) through (5) of this section, at such times as distributions are made under RCW 82.44.150, the state treasurer shall apportion an amount to the county public health account created in RCW 70.05.125 equal to the adjustment under RCW 70.05.125(2)(b).
     (9) If the level of revenues in the county sales and use tax equalization account exceeds the amount necessary to make the distributions under subsections (2) through (5) and (8) of this section, then the additional revenues shall be credited and transferred as follows:
     (a) Fifty percent to the public facilities construction loan revolving account under RCW 43.160.080; and
     (b) Fifty percent to the distressed county public facilities construction loan account under RCW 43.160.220, or so much thereof as will not cause the balance in the account to exceed twenty-five million dollars. Any remaining funds shall be deposited into the public facilities construction loan revolving account.
     (10) During the 2003-2005 fiscal biennium, the legislature may transfer from the county sales and use tax equalization account to the state general fund such amounts as reflect the excess fund balance of the account.

Sec. 942   RCW 82.14.210 and 1996 c 64 s 1 are each amended to read as follows:
     There is created in the state treasury a special account to be known as the "municipal sales and use tax equalization account." Into this account shall be placed such revenues as are provided under RCW 82.44.110(1)(e). Funds in this account shall be allocated by the state treasurer according to the following procedure:
     (1) Prior to January 1st of each year the department of revenue shall determine the total and the per capita levels of revenues for each city and the statewide weighted average per capita level of revenues for all cities imposing the sales and use tax authorized under RCW 82.14.030(1) for the previous calendar year.
     (2) At such times as distributions are made under RCW 82.44.150, the state treasurer shall apportion to each city not imposing the sales and use tax under RCW 82.14.030(2) an amount from the municipal sales and use tax equalization account equal to the amount distributed to the city under RCW 82.44.155, multiplied by forty-five fifty-fifths.
     (3) Subsequent to the distributions under subsection (2) of this section, and at such times as distributions are made under RCW 82.44.150, the state treasurer shall apportion to each city imposing the sales and use tax under RCW 82.14.030(1) at the maximum rate and receiving less than seventy percent of the statewide weighted average per capita level of revenues for all cities as determined by the department of revenue under subsection (1) of this section, an amount from the municipal sales and use tax equalization account sufficient, when added to the per capita level of revenues received the previous calendar year by the city, to equal seventy percent of the statewide weighted average per capita level of revenues for all cities determined under subsection (1) of this section, subject to reduction under subsection (6) of this section.
     (4) Subsequent to the distributions under subsection (3) of this section, and at such times as distributions are made under RCW 82.44.150, the state treasurer shall apportion to each city imposing the sales and use tax under RCW 82.14.030(2) at the maximum rate and receiving a distribution under subsection (3) of this section, a third distribution from the municipal sales and use tax equalization account. The distribution to each qualifying city shall be equal to the distribution to the city under subsection (3) of this section, subject to the reduction under subsection (6) of this section. To qualify for the distributions under this subsection, the city must impose the tax under RCW 82.14.030(2) for the entire calendar year. Cities imposing the tax for less than the full year shall qualify for prorated allocations under this subsection proportionate to the number of months of the year during which the tax is imposed.
     (5) For a city with an official incorporation date after January 1, 1990, municipal sales and use tax equalization distributions shall be made according to the procedures in this subsection. Municipal sales and use tax equalization distributions to eligible new cities shall be made at the same time as distributions are made under subsections (3) and (4) of this section. The department of revenue shall follow the estimating procedures outlined in this subsection until the new city has received a full year's worth of revenues under RCW 82.14.030(1) as of the January municipal sales and use tax equalization distribution.
     (a) Whether a newly incorporated city determined to receive funds under this subsection receives its first equalization payment at the January, April, July, or October municipal sales and use tax equalization distribution shall depend on the date the city first imposes the tax authorized under RCW 82.14.030(1).
     (i) A newly incorporated city imposing the tax authorized under RCW 82.14.030(1) effective as of January 1st shall be eligible to receive funds under this subsection beginning with the April municipal sales and use tax equalization distribution of that year.
     (ii) A newly incorporated city imposing the tax authorized under RCW 82.14.030(1) effective as of February 1st, March 1st, or April 1st shall be eligible to receive funds under this subsection beginning with the July municipal sales and use tax equalization distribution of that year.
     (iii) A newly incorporated city imposing the tax authorized under RCW 82.14.030(1) effective as of May 1st, June 1st, or July 1st shall be eligible to receive funds under this subsection beginning with the October municipal sales and use tax equalization distribution of that year.
     (iv) A newly incorporated city imposing the tax authorized under RCW 82.14.030(1) effective as of August 1st, September 1st, or October 1st shall be eligible to receive funds under this subsection beginning with the January municipal sales and use tax equalization distribution of the next year.
     (v) A newly incorporated city imposing the tax authorized under RCW 82.14.030(1) effective as of November 1st or December 1st shall be eligible to receive funds under this subsection beginning with the April municipal sales and use tax equalization distribution of the next year.
     (b) For purposes of calculating the amount of funds the new city should receive under this subsection, the department of revenue shall:
     (i) Estimate the per capita amount of revenues from the tax authorized under RCW 82.14.030(1) that the new city would have received had the city received revenues from the tax the entire calendar year;
     (ii) Calculate the amount provided under subsection (3) of this section based on the per capita revenues determined under (b)(i) of this subsection;
     (iii) Prorate the amount determined under (b)(ii) of this subsection by the number of months the tax authorized under RCW 82.14.030(1) is imposed.
     (c) A new city imposing the tax under RCW 82.14.030(2) at the maximum rate and receiving a distribution calculated under (b) of this subsection shall receive another distribution from the municipal sales and use tax equalization account. This distribution shall be equal to the calculation made under (b)(ii) of this subsection, prorated by the number of months the city imposes the tax authorized under RCW 82.14.030(2) at the full rate.
     (d) The department of revenue shall advise the state treasurer of the amounts calculated under (b) and (c) of this subsection and the state treasurer shall distribute these amounts to the new city from the municipal sales and use tax equalization account subject to the limitations imposed in subsection (6) of this section.
     (e) Revenues estimated under this subsection shall not affect the calculation of the statewide weighted average per capita level of revenues for all cities made under subsection (1) of this section.
     (6) If inadequate revenues exist in the municipal sales and use tax equalization account to make the distributions under subsection (3), (4), or (5) of this section, then the distributions under subsections (3), (4), and (5) of this section shall be reduced ratably among the qualifying cities. At such time during the year as additional funds accrue to the municipal sales and use tax equalization account, additional distributions shall be made under subsections (3), (4), and (5) of this section to the cities.
     (7) If the level of revenues in the municipal sales and use tax equalization account exceeds the amount necessary to make the distributions under subsections (2) through (5) of this section, then the additional revenues shall be apportioned among the several cities within the state ratably on the basis of population as last determined by the office of financial management: PROVIDED, That no such distribution shall be made to those cities receiving a distribution under subsection (2) of this section.
     (8) During the 2003-2005 fiscal biennium, the legislature may transfer from the municipal sales and use tax equalization account to the state general fund such amounts as reflect the excess fund balance in the account.

Sec. 943   RCW 86.26.007 and 1997 c 149 s 914 are each amended to read as follows:
     The flood control assistance account is hereby established in the state treasury. At the beginning of the 1997-99 fiscal biennium and each biennium thereafter the state treasurer shall transfer four million dollars from the general fund to the flood control assistance account. Moneys in the flood control assistance account may be spent only after appropriation for purposes specified under this chapter ((or, during the 1997-99 fiscal biennium, for transfer to the disaster response account)). During the 2003-2005 fiscal biennium, the legislature may transfer from the flood control assistance account to the state general fund such amounts as reflect the excess fund balance of the account.

NEW SECTION.  Sec. 944   During the 2003-05 fiscal biennium, the requirement is suspended that the department of social and health services issue the reports required by the following statutes; however, the department shall continue to maintain any required data.
     (1) RCW 74.08A.130 (naturalization facilitation);
     (2) RCW 74.14C.080 (intensive family preservation services);
     (3) RCW 74.20A.340(1) (license suspension);
     (4) RCW 71.24.460 (mentally ill offender community transition);
     (5) Section 910, chapter 7, Laws of 2001 2nd sp. sess. (voluntary retirement);
     (6) RCW 80.36.475 (telephone assistance); and
     (7) RCW 72.23.450 (state hospitals).

NEW SECTION.  Sec. 945   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 946   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.

(End of part)



     INDEX       PAGE #


ADMINISTRATOR FOR THE COURTS . . . . . . . . . . . . 5
AGENCY EXPENDITURES FOR LEGISLATIVE LIAISONS . . . . . . . . . . . . 171
AGENCY EXPENDITURES FOR TORT LIABILITY. . . . . . . . . . . . . 163
AGENCY EXPENDITURES FOR TRAVEL, EQUIPMENT AND PERSONAL SERVICE CONTRACTS. . . . . . . . . . . . . 163
ATTORNEY GENERAL . . . . . . . . . . . . 11
BELATED CLAIMS . . . . . . . . . . . . 157
BOARD FOR VOLUNTEER FIREFIGHTERS . . . . . . . . . . . . 27
BOARD OF ACCOUNTANCY . . . . . . . . . . . . 25
BOARD OF INDUSTRIAL INSURANCE APPEALS . . . . . . . . . . . . 59
BOARD OF TAX APPEALS . . . . . . . . . . . . 22
BOND EXPENSES . . . . . . . . . . . . 182
CASELOAD FORECAST COUNCIL . . . . . . . . . . . . 12
CENTRAL WASHINGTON UNIVERSITY . . . . . . . . . . . . 145
CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS . . . . . . . . . . . . 11
COLUMBIA RIVER GORGE COMMISSION . . . . . . . . . . . . 79
COMMISSION ON AFRICAN-AMERICAN AFFAIRS . . . . . . . . . . . . 20
COMMISSION ON ASIAN-AMERICAN AFFAIRS . . . . . . . . . . . . 10
COMMISSION ON HISPANIC AFFAIRS . . . . . . . . . . . . 20
COMMISSION ON JUDICIAL CONDUCT . . . . . . . . . . . . 5
CONSERVATION COMMISSION . . . . . . . . . . . . 84
COURT OF APPEALS . . . . . . . . . . . . 5
CRIMINAL JUSTICE TRAINING COMMISSION . . . . . . . . . . . . 59
DEPARTMENT OF AGRICULTURE . . . . . . . . . . . . 90
DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT . . . . . . . . . . . . 12
     COUNTY ASSISTANCE . . . . . . . . . . . . 165
     COUNTY PUBLIC HEALTH ASSISTANCE . . . . . . . . . . . . 163
     MUNICIPAL ASSISTANCE . . . . . . . . . . . . 166
DEPARTMENT OF CORRECTIONS . . . . . . . . . . . . 65, 69
DEPARTMENT OF ECOLOGY . . . . . . . . . . . . 79
DEPARTMENT OF FISH AND WILDLIFE . . . . . . . . . . . . 84
DEPARTMENT OF GENERAL ADMINISTRATION . . . . . . . . . . . . 23
DEPARTMENT OF HEALTH . . . . . . . . . . . . 62
DEPARTMENT OF INFORMATION SERVICES . . . . . . . . . . . . 23
DEPARTMENT OF LABOR AND INDUSTRIES . . . . . . . . . . . . 60
DEPARTMENT OF LICENSING . . . . . . . . . . . . 92
DEPARTMENT OF NATURAL RESOURCES . . . . . . . . . . . . 87
DEPARTMENT OF PERSONNEL . . . . . . . . . . . . 18
DEPARTMENT OF RETIREMENT SYSTEMS
     CONTRIBUTIONS TO RETIREMENT SYSTEMS . . . . . . . . . . . . 159
     OPERATIONS . . . . . . . . . . . . 20
     TRANSFERS . . . . . . . . . . . . 177
DEPARTMENT OF REVENUE . . . . . . . . . . . . 22
DEPARTMENT OF SERVICES FOR THE BLIND . . . . . . . . . . . . 73
DEPARTMENT OF SOCIAL AND HEALTH SERVICES . . . . . . . . . . . . 31
     ADMINISTRATION AND SUPPORTING SERVICES PROGRAM . . . . . . . . . . . . 55
     AGING AND ADULT SERVICES PROGRAM . . . . . . . . . . . . 45
     ALCOHOL AND SUBSTANCE ABUSE PROGRAM . . . . . . . . . . . . 50
     CHILDREN AND FAMILY SERVICES PROGRAM . . . . . . . . . . . . 32
     DEVELOPMENTAL DISABILITIES PROGRAM . . . . . . . . . . . . 42
     ECONOMIC SERVICES PROGRAM . . . . . . . . . . . . 48
     JUVENILE REHABILITATION PROGRAM . . . . . . . . . . . . 34
     MEDICAL ASSISTANCE PROGRAM . . . . . . . . . . . . 50, 74
     MENTAL HEALTH PROGRAM . . . . . . . . . . . . 37
     PAYMENTS TO OTHER AGENCIES PROGRAM . . . . . . . . . . . . 56
     VOCATIONAL REHABILITATION PROGRAM . . . . . . . . . . . . 55
DEPARTMENT OF VETERANS AFFAIRS . . . . . . . . . . . . 61
EASTERN WASHINGTON STATE HISTORICAL SOCIETY . . . . . . . . . . . . 153
EASTERN WASHINGTON UNIVERSITY . . . . . . . . . . . . 145
ECONOMIC AND REVENUE FORECAST COUNCIL . . . . . . . . . . . . 17
EMERGENCY FUND ALLOCATIONS . . . . . . . . . . . . 181
EMPLOYMENT SECURITY DEPARTMENT . . . . . . . . . . . . 73
ENVIRONMENTAL HEARINGS OFFICE . . . . . . . . . . . . 84
EXPENDITURE AUTHORIZATIONS . . . . . . . . . . . . 178
FORENSIC INVESTIGATION COUNCIL . . . . . . . . . . . . 25
GOVERNOR
     COMPENSATION -- INSURANCE BENEFITS . . . . . . . . . . . . 157
GOVERNOR'S OFFICE OF INDIAN AFFAIRS . . . . . . . . . . . . 10
GROWTH PLANNING HEARINGS BOARD . . . . . . . . . . . . 30
HIGHER EDUCATION COORDINATING BOARD
     FINANCIAL AID AND GRANT PROGRAMS . . . . . . . . . . . . 150
     POLICY COORDINATION AND ADMINISTRATION . . . . . . . . . . . . 148
HOME CARE QUALITY AUTHORITY . . . . . . . . . . . . 62
HORSE RACING COMMISSION . . . . . . . . . . . . 25
HOUSE OF REPRESENTATIVES . . . . . . . . . . . . 2
HUMAN RIGHTS COMMISSION . . . . . . . . . . . . 59
INCENTIVE SAVINGS
     FY 2003 . . . . . . . . . . . . 162
     FY 2004 . . . . . . . . . . . . 160
     FY 2005 . . . . . . . . . . . . 161
INCREASED FEDERAL ASSISTANCE. . . . . . . . . . . . . 161
INDETERMINATE SENTENCE REVIEW BOARD . . . . . . . . . . . . 61
INFORMATION SYSTEMS PROJECTS . . . . . . . . . . . . 178
INSURANCE COMMISSIONER . . . . . . . . . . . . 24
INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION . . . . . . . . . . . . 82
JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE . . . . . . . . . . . . 3
JOINT LEGISLATIVE SYSTEMS COMMITTEE . . . . . . . . . . . . 4
K-12 CARRYFORWARD AND PRIOR SCHOOL YEAR ADJUSTMENTS . . . . . . . . . . . . 132
LAW LIBRARY . . . . . . . . . . . . 5
LEGISLATIVE AGENCIES . . . . . . . . . . . . 4
LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE . . . . . . . . . . . . 3
LIEUTENANT GOVERNOR . . . . . . . . . . . . 8
LIQUOR CONTROL BOARD . . . . . . . . . . . . 25
MILITARY DEPARTMENT . . . . . . . . . . . . 27
MUNICIPAL RESEARCH COUNCIL . . . . . . . . . . . . 22
OFFICE OF ADMINISTRATIVE HEARINGS . . . . . . . . . . . . 18
OFFICE OF FINANCIAL MANAGEMENT . . . . . . . . . . . . 17
     CONTRIBUTIONS TO RETIREMENT SYSTEMS . . . . . . . . . . . . 160
     CONTRIBUTIONS TO RETIREMENT SYSTEMS. . . . . . . . . . . . . 171
     EDUCATION TECHNOLOGY REVOLVING ACCOUNT . . . . . . . . . . . . 160
     EMERGENCY FUND . . . . . . . . . . . . 157
     EXTRAORDINARY CRIMINAL JUSTICE COSTS . . . . . . . . . . . . 157
     FIRE CONTINGENCY POOL . . . . . . . . . . . . 156
     HIGHER EDUCATION ENROLLMENT. . . . . . . . . . . . . 170
OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES . . . . . . . . . . . . 23
OFFICE OF PUBLIC DEFENSE . . . . . . . . . . . . 7
OFFICE OF THE GOVERNOR . . . . . . . . . . . . 8
OFFICE OF THE STATE ACTUARY . . . . . . . . . . . . 4
PERSONNEL APPEALS BOARD . . . . . . . . . . . . 20
PROGRAM COST SHIFTS . . . . . . . . . . . . 181
PUBLIC DISCLOSURE COMMISSION . . . . . . . . . . . . 8
PUBLIC EMPLOYMENT RELATIONS COMMISSION . . . . . . . . . . . . 30
SECRETARY OF STATE . . . . . . . . . . . . 8
SENATE . . . . . . . . . . . . 2
SENTENCING GUIDELINES COMMISSION . . . . . . . . . . . . 73
SPOKANE INTERCOLLEGIATE RESEARCH AND TECHNOLOGY INSTITUTE . . . . . . . . . . . . 153
STATE AUDITOR . . . . . . . . . . . . 11
STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES . . . . . . . . . . . . 137
STATE CONVENTION AND TRADE CENTER . . . . . . . . . . . . 30
STATE HEALTH CARE AUTHORITY . . . . . . . . . . . . 57
STATE INVESTMENT BOARD . . . . . . . . . . . . 21
STATE PARKS AND RECREATION COMMISSION . . . . . . . . . . . . 82
STATE PATROL . . . . . . . . . . . . 93
STATE SCHOOL FOR THE BLIND . . . . . . . . . . . . 154
STATE SCHOOL FOR THE DEAF . . . . . . . . . . . . 154
STATE TREASURER . . . . . . . . . . . . 11
     BOND RETIREMENT AND INTEREST . . . . . . . . . . . . 155, 156
     COUNTY CRIMINAL JUSTICE ASSISTANCE ACCOUNT . . . . . . . . . . . . 174
     FEDERAL REVENUES FOR DISTRIBUTION . . . . . . . . . . . . 175
     MUNICIPAL CRIMINAL JUSTICE ASSISTANCE ACCOUNT . . . . . . . . . . . . 174
     STATE REVENUES FOR DISTRIBUTION . . . . . . . . . . . . 173
     TRANSFERS . . . . . . . . . . . . 175
STATUTE LAW COMMITTEE . . . . . . . . . . . . 4
STATUTORY APPROPRIATIONS . . . . . . . . . . . . 181
SUNDRY CLAIMS . . . . . . . . . . . . 170
SUPERINTENDENT OF PUBLIC INSTRUCTION . . . . . . . . . . . . 95
     BASIC EDUCATION EMPLOYEE COMPENSATION . . . . . . . . . . . . 107
     EDUCATION REFORM PROGRAMS . . . . . . . . . . . . 121
     EDUCATIONAL SERVICE DISTRICTS . . . . . . . . . . . . 119
     ELEMENTARY AND SECONDARY SCHOOL-- IMPROVEMENT--NO CHILD LEFT BEHIND . . . . . . . . . . . . 121
     GENERAL APPORTIONMENT . . . . . . . . . . . . 100
     INSTITUTIONAL EDUCATION PROGRAMS . . . . . . . . . . . . 119
     LEARNING ASSISTANCE PROGRAM . . . . . . . . . . . . 129
     LOCAL EFFORT ASSISTANCE . . . . . . . . . . . . 119
     PROGRAMS FOR HIGHLY CAPABLE STUDENTS . . . . . . . . . . . . 120
     PUPIL TRANSPORTATION . . . . . . . . . . . . 113
     SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTS . . . . . . . . . . . . 111
     SCHOOL FOOD SERVICE PROGRAMS . . . . . . . . . . . . 114
     SPECIAL EDUCATION PROGRAMS . . . . . . . . . . . . 114
     STUDENT ACHIEVEMENT PROGRAM . . . . . . . . . . . . 130
     TRANSITIONAL BILINGUAL PROGRAMS . . . . . . . . . . . . 128
SUPREME COURT . . . . . . . . . . . . 5
THE EVERGREEN STATE COLLEGE . . . . . . . . . . . . 146
UNIVERSITY OF WASHINGTON . . . . . . . . . . . . 141
UTILITIES AND TRANSPORTATION COMMISSION . . . . . . . . . . . . 26
VIDEO TELECOMMUNICATIONS . . . . . . . . . . . . 180
VOLUNTARY RETIREMENT INCENTIVES . . . . . . . . . . . . 182
VOLUNTARY SEPARATION INCENTIVES . . . . . . . . . . . . 182
WASHINGTON POLLUTION LIABILITY REINSURANCE PROGRAM . . . . . . . . . . . . 91
WASHINGTON STATE ARTS COMMISSION . . . . . . . . . . . . 153
WASHINGTON STATE HISTORICAL SOCIETY . . . . . . . . . . . . 153
WASHINGTON STATE LOTTERY . . . . . . . . . . . . 19
WASHINGTON STATE UNIVERSITY . . . . . . . . . . . . 143
WESTERN WASHINGTON UNIVERSITY . . . . . . . . . . . . 148
WORK FORCE TRAINING AND EDUCATION COORDINATING BOARD . . . . . . . . . . . . 152


         Passed by the Senate June 4, 2003.
         Passed by the House June 5, 2003.
         Approved by the Governor June 26, 2003, with the exception of certain items that were vetoed.
         Filed in Office of Secretary of State June 26, 2003.

     Note: Governor's explanation of partial veto is as follows:

"I am returning herewith, without my approval as to sections 141, lines 25-30; 148(2); 203(7); 203(10); 203(12); 204(1)(e); 204(1)(h); 205(1)(h); 209(12); 217(1); 308(14), lines 18-22; 501(2)(a)(iv); 717; and 724 of Engrossed Substitute Senate Bill 5404 entitled:

"AN ACT Relating to fiscal matters;"

Engrossed Substitute Senate Bill No. 5404 is the state operating budget for the 2003-2005 Biennium. I have vetoed several provisions as described below:

Section 141, Page 23, Lines 25-30, Motor Pool (Department of General Administration)
This proviso would have limited the purchase or lease of additional vehicles for the state motor pool unless deemed necessary for safety. The core business of the Department of General Administration (GA) Motor Pool is to provide passenger vehicles for state agencies at a price that is cheaper than other state agency in-house motor pools or private vehicle rental car businesses. As budgets shrink, GA will need to maintain a cost-effective vehicle replacement schedule in order to ensure low maintenance costs and high vehicle re-sale value.

Section 148(2), Page 27, Reimbursement for Travel (Washington Utilities and Transportation Commission)
This proviso would have allowed the Washington Utilities and Transportation Commission (WUTC) to accept reimbursement from the companies it regulates to allow WUTC employees to travel to multi-state regulatory meetings. This directive is contrary to a prohibition in the State Ethics Act, RCW 42.52.150(4)(g). Regardless, WUTC needs to develop policies for non-state reimbursement of state travel as required by the State Administrative and Accounting Manual Section 10.20.60.

Section 203(7), Page 35, Co-Occurring Pilot Project (Department of Social and Health Services - Juvenile Rehabilitation Administration)
Section 203(7) would have required that $1,478,000 from the Federal Juvenile Accountability Incentive Block Grant be used for continuation of the Co-Occurring Disorder Pilot Project. This project provides post-release planning and treatment of juvenile offenders with co-occurring disorders. The block grant was reduced for federal fiscal years 2003 and 2004. The state only has flexibility with respect to 25 percent of the federal funds received under the Juvenile Accountability Incentive Block Grant, which is less than the amount the proviso directs towards the post-release planning pilot program. Because the pool of eligible youth for these services will not necessarily require the full amount as appropriated, I am directing the Juvenile Rehabilitation Administration to continue the pilot, provide youth the post-release planning and treatment services needed, and utilize any remaining funds for other program requirements.

Section 203(10), Page 36, Transfer of Funds to Counties for Juvenile Services and Semi-Annual Report to Legislature (Department of Social and Health Services - Juvenile Rehabilitation Administration)
This proviso would have allowed the department to develop a funding distribution formula in consultation with juvenile court administrators and would have required a semi-annual report to the Legislature. I am directing the department to continue to coordinate with the court administrators to determine an appropriate distribution formula. However, this language creates a new reporting requirement for DSHS at a time when we are seeking ways to reduce reporting requirements in order to maximize limited staff resources; therefore, I have vetoed this subsection.

Section 203(12), Page 37, Allotment and Expenditure Reporting (Department of Social and Health Services - Juvenile Rehabilitation Administration)
Section 203(12) would have directed the Juvenile Rehabilitation Administration to allot and expend funds consistent with the category and budget unit structure submitted to the Legislative Evaluation and Accountability Program committee. This direction is consistent with current department-wide practices and is therefore not needed.

Section 204(1)(e), Page 39, New Six-Year Regional Support Network (RSN) Funding Formula (Department of Social and Health Services - Mental Health Program)
This proviso language could have been construed as restarting the implementation of the current RSN funding phase-in schedule, which has already been in place for two years. In addition, the department is required to comply with the federal Basic Budget Act that would actuarially adjust payment rates for community mental health services in its 2003-05 contracts with RSNs. My veto of this section will provide DSHS the flexibility to comply with federal requirements and continue the implementation of the new payment formula as originally scheduled.

Section 204(1)(h), Page 40, Regional Support Network Administrative (RSN) Cost Limit (Department of Social and Health Services - Mental Health Program)
This proviso would have limited state funding for RSN administrative costs to 10 percent of total funding. While one of the goals of my administration is to increase efficiencies and lower administrative costs, this approach is too broad and does not allow for differing circumstances among the regional support networks and their vendors, particularly in rural areas. Although I concur with the intent of the proviso, I have vetoed this section and direct DSHS to continue its ongoing efforts to work with the regional support networks to identify ways to deliver community mental health services in the most efficient manner.

Section 205(1)(h), Page 44, Consultation with Representative Stakeholders (Department of Social and Health Services - Developmental Disabilities Program)
This proviso would have required DSHS to identify redundant and unnecessary rules related to residential services for the developmentally disabled in consultation with service providers and clients. Without additional resources, I am concerned about the additional workload of a structured review requirement with providers and clients. Therefore, I have vetoed this section, but direct DSHS to continue its ongoing effort to remove redundant and unnecessary rules using the processes and procedures currently in place.

Section 209(12), Page 53, Report to the Legislature on the Projected Value of Drug Manufacturers' Supplemental (Department of Social and Health Services - Medical Assistance Administration)
This proviso would have required DSHS to separately track the total amount of supplemental rebates obtained from drug manufacturers, and compile a report thereon. Medical Assistance currently uses supplemental rebates to offset total expenditures. These amounts allow for the management of the budget within fiscal year requirements. Decisions about retail pharmacy reimbursement rates should continue to be treated in a manner consistent with all other provider rates - that is, as a separate policy step occurring in the context of all other budget decisions. I have vetoed this section with the expectation that the department will track supplemental drug rebates and be prepared to respond to questions about the value of those rebates, even though a formal report will not be required.

Section 217(1), Page 61, Crime Victims Compensation Program (Department of Labor and Industries)
This proviso would have limited the Department of Labor and Industries' ability to administer the Crime Victims Compensation program. The budget includes adequate funding for the program, however, this subsection restricts the use of these funds in a way that would delay claim decisions for crime victim benefits, slow the processing of medical payments and potentially reduce or delay the collections of restitution meant to offset costs. The Department will take actions necessary to keep administrative costs at the lowest level possible.

Section 308(14), Page 90, Lines 18-22, beginning with "It is the intent . . .", SDS Lumber Company Settlement (Department of Natural Resources)
Section 308(14) provides $2.7 million GF-S to the Department of Natural Resources (DNR) to acquire 232 acres of land and timber in Klickitat County from the SDS Lumber Company as part of a legal settlement. The proviso further requires DNR to recover through timber sales or federal grants, the $2.7 million GF-S during the 2003-05 biennium, stating that if DNR is unsuccessful, the Legislature intends to reduce expenditures in DNR's Forest Practices Program for 2005-07 by the amount not recovered. I am vetoing the intent section of this proviso, which improperly attempts to bind the actions of a future legislature. Further, I believe this settlement is a one-time event limited to the facts of the specific case, and not an administrative precedent.

Section 501(2)(a)(iv), Page 97, Federal Appropriation Transfer for Teen Aware Program (Office of the Superintendent of Public Instruction - Statewide Programs)
This subsection would have required the transfer of $400,000 of federal appropriation from the Department of Health (DOH) to the Office of the Superintendent of Public Instruction (OSPI) for the Teen Aware Program. Teen Aware is a program of student-produced media campaigns to promote sexual abstinence. Administration of Teen Aware has depended on a state match to the OSPI that is eliminated in the budget act. At the request of Superintendent Bergeson, I have vetoed this federal transfer, thereby reverting the appropriation back to DOH to promote sexual abstinence. I am directing the DOH to work with OSPI to explore options to continue involving students in the production of effective abstinence messages for young adults.

Section 717, Page 163, Agency Expenditures for Travel, Equipment, and Personal Service Contracts
This section would have required that the Office of Financial Management reduce agency allotments by a dollar amount based on the previous year's travel, equipment, and personal service contract expenditures. The Legislature has already added to my proposed staffing and efficiency cuts with further reductions in individual agency budgets. This additional cut is especially difficult for small and medium agencies to absorb without directly affecting client services. Furthermore, because the reduction only applies to General Fund-State dollars, it is not evenly applied to higher education institutions and other agencies that support travel, equipment and contracts with tuition or other non-state fund sources.

Section 724, Page 171, Agency Expenditures for Legislative Liaisons
In this proviso, the Legislature would have prohibited the use of appropriated funds for legislative liaison positions in higher education institutions and other state agencies, and eliminates related General Fund-State dollars. I am concerned that this restriction will unduly limit the ability of agencies to respond to legislative inquiries. Furthermore, some legislative liaisons are responsible for constituent and client relations for their agencies.

For these reasons, I have vetoed sections 141, lines 25-30; 148(2); 203(7); 203(10); 203(12); 204(1)(e); 204(1)(h); 205(1)(h); 209(12); 217(1); 308(14), lines 18-22; 501(2)(a)(iv); 717; and 724 of Engrossed Substitute Senate Bill No. 5404.

With the exception of sections 141, lines 25-30; 148(2); 203(7); 203(10); 203(12); 204(1)(e); 204(1)(h); 205(1)(h); 209(12); 217(1); 308(14), lines 18-22; 501(2)(a)(iv); 717; and 724 as specified above, Engrossed Substitute Senate Bill No. 5404 is approved."