BILL REQ. #: H-0482.3
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/23/2007. Referred to Committee on State Government & Tribal Affairs.
AN ACT Relating to state institutions; amending RCW 71A.20.020 and 72.23.020; adding a new section to chapter 41.06 RCW; adding a new section to chapter 72.05 RCW; adding a new section to chapter 72.16 RCW; adding a new section to chapter 72.19 RCW; adding a new section to chapter 72.20 RCW; adding a new section to chapter 72.40 RCW; adding a new section to chapter 72.36 RCW; adding a new section to chapter 28A.150 RCW; adding a new section to chapter 72.09 RCW; adding a new chapter to Title 43 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that state
institutions serve a critical role in the delivery of services and
long-term residential care for the people of the state of Washington.
Maintaining the capital needs and assessing the need for efficiencies,
consolidation, expansion, reduction, closure, and replacement of state
institutions requires both long-term planning and financing. A fair,
objective, and factual assessment of the capital facilities is a
critical part of how to best meet the needs of the clients of the
institutions and the citizens of Washington. However, the state lacks
an independent review process and an effective method of decision
making for state institutions with excess capacity or with alternative
service delivery models to meet state policy. The legislature further
finds that independent evidence-based facts are crucial to any decision
that affects Washington citizens who reside in state institutions; and
that a fair and objective analysis of the independent evidence-based
facts will be better for the clients of the institutions.
For these reasons, the legislature intends to create an
institutions review commission as an independent entity to review state
institutions on a regular basis.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Commission" means the institutions review commission created
under section 3 of this act.
(2) "Commissioner" means a member of the commission created under
section 3 of this act.
(3) "Immediate family member" means the parents, spouse, siblings,
children, or dependent relative of the official, employee, or lobbyist
whether or not living in the household of the official, employee, or
lobbyist.
(4) "Lobbyist" means a person registered as a lobbyist under
chapter 42.17 RCW.
(5) "Public official" means any person holding federal, state,
county, city, town, school district, port district, special district,
or other state political subdivision elective office.
(6) "Review cycle" means the period beginning July 1st of an odd-numbered year and ending December 1st of the following even-numbered
year.
(7) "State institution" means residential habilitation centers,
state institutions for juvenile offenders, state hospitals, the state
school for the deaf, the state school for the blind, the department of
corrections, the department of veterans affairs, and facilities
associated with the Washington national guard youth challenge program
pursuant to RCW 28A.150.305.
NEW SECTION. Sec. 3 The institutions review commission is
established to review the effectiveness of and the need for state
institutions.
(1) The nine-member commission must be appointed as follows:
(a) By July 1, of 2007, and by July 1st of each odd-numbered year
thereafter, the two largest caucuses of each house of the legislature
shall each appoint one commissioner. The governor shall appoint five
commissioners.
(b) Commissioners serve two-year terms expiring July 1st of each
odd-numbered year. Commissioners may be reappointed, subject to the
conditions of this section.
(c) The commission members shall be appointed based on geographic
representation of the state.
(d) The following persons are ineligible for appointment to the
commission:
(i) Persons who reside in a legislative district where an
institution that is scheduled for review during that review cycle is
located;
(ii) State officials, public employees, representatives of unions
that represent public employees, lobbyists, and immediate family
members of such officials, employees, representatives, or lobbyists.
(e) Upon a vacancy in any position on the commission, the original
appointing authority must appoint a successor to fill the unexpired
term within thirty days.
(2) Commissioners may not receive compensation for their services,
but shall receive a subsistence allowance and travel expenses under RCW
43.03.050 and 43.03.060.
(3) The commissioners shall elect a chair from among their members.
NEW SECTION. Sec. 4 (1) The commission shall investigate, make
findings of fact, and make determinations about the efficiency of the
institutions reviewed, including but not limited to the decision
whether to consolidate, expand, close, replace, or retain an
institution under review.
(2) The commission is authorized to access state information and
data regarding institutions, and state agencies shall cooperate with
the commission in its efforts to collect data.
(3) The commission shall hold at least one public hearing regarding
each institution under review within the vicinity of the facility under
review.
(4) Based on its review, the commission shall determine whether to
consolidate, expand, reduce, close, replace, or retain a state
institution. The commission shall provide its decisions to the
governor and the appropriate policy and fiscal committees of the
legislature before December 1st of each even-numbered year.
NEW SECTION. Sec. 5 In conducting its review of state
institutions and in making its decision to consolidate, expand, reduce,
close, replace, or retain an institution, the commission shall consider
criteria including but not limited to the following:
(1) The best quality of care for the institution's residents based
on state laws and policies regarding care and treatment, including
community care and treatment, for clients and potential clients of the
institutions;
(2) The condition of the institution's physical plant and the need
for repair or renovation;
(3) The institution's location relative to population centers,
supporting services, persons served, and families of persons served;
(4) The best and highest use of the institution's property;
(5) The costs of providing service at that institution relative to
like institutions and community care or treatment; and
(6) State duties, objectives, and policies as expressed in law or
in formally adopted agency policies.
NEW SECTION. Sec. 6 (1) Unless the legislature, by a two-thirds
vote of each house, rejects or revises the decision in law, the
commission's decision to consolidate, expand, reduce, close, replace,
or retain an institution takes effect the July 1st following the end of
the review cycle, and the governor and the various state agencies shall
implement the commission's decisions.
(2) The authority granted to the commission to consolidate, reduce,
close, replace, or retain an institution is supplemental to and in
addition to any powers granted to the governor as a management right.
NEW SECTION. Sec. 7 During the 2007-08 review cycle, the
commission shall review the state school for the blind and the state
school for the deaf and report its decisions by December 1, 2008.
NEW SECTION. Sec. 8 The commission shall review all state
institutions at least once during the five consecutive review cycles
that begin July 1, 2007.
By May 31, 2009, and each odd-numbered year thereafter, the
commission shall designate the institutions to be reviewed in the
following review cycle by the subsequently appointed commissioners.
NEW SECTION. Sec. 9 The commission has the following powers and
duties in addition to any other powers and duties authorized or
required by law. The commission:
(1) Shall employ an executive director, who serves at the
discretion of the commission, and other staff as are necessary to
implement the purposes of this chapter;
(2) May make, execute, and deliver contracts, conveyances, and
other instruments necessary to exercise and discharge its powers and
duties;
(3) May contract for all or part of the services necessary for the
management and operation of the commission with other state or nonstate
entities authorized to do business in the state; and
(4) May contract with consultants as necessary to carry out its
responsibilities.
NEW SECTION. Sec. 10 A new section is added to chapter 41.06 RCW
to read as follows:
In addition to the exemptions set forth in RCW 41.06.070, the
provisions of this chapter do not apply to the institutions review
commission created in section 3 of this act or to the executive
director of the institutions review commission.
Sec. 11 RCW 71A.20.020 and 1994 c 215 s 1 are each amended to
read as follows:
The following residential habilitation centers are ((permanently))
established, subject to sections 1 through 9 of this act, to provide
services to persons with developmental disabilities: Lakeland Village,
located at Medical Lake, Spokane county; Rainier School, located at
Buckley, Pierce county; Yakima Valley School, located at Selah, Yakima
county; Fircrest School, located at Seattle, King county; and Frances
Haddon Morgan Children's Center, located at Bremerton, Kitsap county.
NEW SECTION. Sec. 12 A new section is added to chapter 72.05 RCW
to read as follows:
The institutions established in this chapter are subject to the
provisions of sections 1 through 9 of this act.
NEW SECTION. Sec. 13 A new section is added to chapter 72.16 RCW
to read as follows:
The institutions established in this chapter are subject to the
provisions of sections 1 through 9 of this act.
NEW SECTION. Sec. 14 A new section is added to chapter 72.19 RCW
to read as follows:
The institutions established in this chapter are subject to the
provisions of sections 1 through 9 of this act.
NEW SECTION. Sec. 15 A new section is added to chapter 72.20 RCW
to read as follows:
The institutions established in this chapter are subject to the
provisions of sections 1 through 9 of this act.
Sec. 16 RCW 72.23.020 and 1959 c 28 s 72.23.020 are each amended
to read as follows:
There are hereby ((permanently)) located and established, subject
to sections 1 through 9 of this act, the following state hospitals:
Western state hospital at Fort Steilacoom, Pierce county; eastern state
hospital at Medical Lake, Spokane county; and northern state hospital
near Sedro Woolley, Skagit county.
NEW SECTION. Sec. 17 A new section is added to chapter 72.40 RCW
to read as follows:
The institutions established in this chapter are subject to the
provisions of sections 1 through 9 of this act.
NEW SECTION. Sec. 18 A new section is added to chapter 72.36 RCW
to read as follows:
The institutions established in this chapter are subject to the
provisions of sections 1 through 9 of this act.
NEW SECTION. Sec. 19 A new section is added to chapter 28A.150
RCW to read as follows:
Institutions established for the Washington national guard youth
challenge program are subject to the provisions of sections 1 through
9 of this act.
NEW SECTION. Sec. 20 A new section is added to chapter 72.09 RCW
to read as follows:
Institutions established by the department of corrections are
subject to the provisions of sections 1 through 9 of this act.
NEW SECTION. Sec. 21 Sections 1 through 9 of this act constitute
a new chapter in Title
NEW SECTION. Sec. 22 The governor and the leaders of the largest
caucuses in each house of the legislature may take the necessary steps
to ensure that this act is implemented on its effective date.