| State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 01/21/11.
AN ACT Relating to fiscal matters; amending RCW 15.76.115, 18.04.105, 43.03.220, 43.03.230, 43.03.240, 43.03.250, 43.03.265, 43.21A.660, 43.21A.667, 43.79.460, 43.79.465, 43.83B.430, 43.105.080, 43.330.094, 43.336.050, 46.66.080, 43.350.070, 51.44.170, 66.08.235, and 82.14.380; amending 2010 2nd sp.s. c 1 ss 109, 115, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 302, 303, 304, 307, 308, 309, 310, 501, 502, 503, 602, 603, and 801 (uncodified); amending 2010 1st sp.s. c 37 ss 103, 106, 107, 112, 118, 120, 121, 123, 124, 126, 127, 128, 130, 133, 134, 138, 141, 142, 146, 148, 150, 151, 153, 213, 215, 217, 218, 219, 220, 224, 225, 226, 401, 402, 504, 505, 506, 507, 508, 511, 610, 612, 613, 614, 615, 616, 617, 618, 619, 705, 707, and 711 (uncodified); amending 2010 1st sp.s. c 32 s 3 (uncodified); amending 2010 1st sp.s. c 31 s 1 (uncodified); amending 2009 c 564 s 711 (uncodified); adding new sections to 2009 c 564 (uncodified); making appropriations; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 101 2010 1st sp.s. c 37 s 103 (uncodified) is amended to
read as follows:
FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE
General Fund--State Appropriation (FY 2010) . . . . . . . . . . . . $2,874,000
General Fund--State Appropriation (FY 2011) . . . . . . . . . . . . (($3,152,000))
$2,954,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($6,026,000))
$5,828,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Notwithstanding the provisions of this section, the joint
legislative audit and review committee may adjust the due dates for
projects included on the committee's 2009-11 work plan as necessary to
efficiently manage workload.
(2) Within the amounts appropriated in this section, the committee
shall conduct a review of the effect of risk management practices on
tort payouts. This review shall include an analysis of the state's
laws, policies, procedures, and practices as they relate to the conduct
of post-incident reviews and the impact of such reviews on the state's
conduct and liability.
(3) ((Within the amounts appropriated in this section, the
committee shall conduct a review of the state's workplace safety and
health program. The review shall examine workplace safety inspection,
enforcement, training, and outreach efforts compared to other states
and federal programs; analyze workplace injury and illness rates and
trends in Washington; identify factors that may influence workplace
safety and health; and identify practices that may improve workplace
safety and health and/or impact insurance costs.)) Within the amounts appropriated in this section, the
committee shall prepare an evaluation of the implementation of
legislation designed to improve communication, collaboration, and
expedited medicaid attainment with regard to persons released from
confinement who have mental health or chemical dependency disorders.
The review shall evaluate the implementation of: (a) Chapter 166, Laws
of 2004 (E2SSB 6358); (b) sections 507 and 508 of chapter 504, Laws of
2005 (E2SSB 5763); (c) sections 12 and 13 of chapter 503, Laws of 2005
(E2SHB 1290); and (d) section 8 of chapter 359, Laws of 2007 (2SHB
1088). The departments of corrections and social and health services,
the administrative office of the courts, institutions for mental
disease, city and county jails, city and county courts, county clerks,
and mental health and chemical dependency treatment providers shall
provide the committee with information necessary for the study.
(4)
(((5))) (4) Within the amount appropriated in this section, the
joint legislative audit and review committee shall conduct a review of
the state's recreational boating programs. This review shall include
examination of the following:
(a) Revenue sources for state recreational boating programs;
(b) Expenditures for state boating programs;
(c) Methods of administrating state recreational boating programs,
including the roles of both state and local government entities; and
(d) Approaches other states have taken to funding and administering
their recreational boating programs.
The committee shall complete the review by October 31, 2010.
(((6))) (5) Within the amount appropriated in this section, the
joint legislative audit and review committee shall examine the
operations of employment and day services as provided by the department
of social and health services, division of developmental disabilities
and administered by the counties. The examination shall include a
thorough review of the contracts for all services including, but not
limited to, employment services, day services, child development
services and other uses of state dollars for county administration of
services to the developmentally disabled. In its final report, due to
the legislature by September 1, 2010, the joint legislative audit and
review committee shall provide: A description of how funds are used
and the rates paid to vendors, and a recommendation on best practices
the agency may use for the development of a consistent, outcome-based
contract for services provided under contract with the counties.
(((7))) (6) Within the amount appropriated in this section, the
joint legislative audit and review committee shall conduct a study of
the relationship between the cost of school districts and their
enrollment size. The study shall be completed by June 2010 and shall
include:
(a) An analysis of how categories of costs vary related to size,
including but not limited to facility costs, transportation costs,
educational costs, and administrative costs;
(b) A review of other factors that may impact costs, such as
revenues available from local levies and other sources, geographic
dispersion, demographics, level of services received from educational
service districts, and whether districts operate a high school;
(c) Case studies on the change in cost patterns occurring after
school district consolidations and for school districts operating under
state oversight condition specified in RCW 28A.505.110; and
(d) A review of available research on nonfinancial benefits and
impacts associated with school and school district size.
(((8))) (7) $200,000 of the general fund--state appropriation for
fiscal year 2011 is provided for the committee to contract with a
consultant specializing in medicaid programs nationwide to review
Washington state's medicaid program and report on cost containment
strategies for the 2011-13 biennial budget. The report is due to the
fiscal committees of the legislature by June 1, 2011.
(((9))) (8) $50,000 of the general fund--state appropriation for
fiscal year 2011 is provided solely for the joint legislative audit and
review committee to complete a report that includes the following: (a)
An analysis of the availability within eastern Washington of
helicopters that are privately owned or owned by nonstate governmental
entities that are sufficiently outfitted to participate in wildfire
suppression efforts of the department of natural resources; (b) a
comparison of the costs to the department of natural resources for
maintaining the existing helicopter fleet versus entering into
exclusive use contracts with the helicopters noted in (a) of this
subsection; and (c) an analysis that compares the use and funding of
helicopters utilized for wildfire suppression in the states of
California, Oregon, Idaho, and Montana. The committee shall submit the
report to the appropriate fiscal committees of the legislature and the
office of financial management no later than December 1, 2010.
(((10))) (9)(a) The task force for reform of executive and
legislative procedures dealing with tax preferences is hereby
established. The task force must:
(i) Review current executive and legislative budget and policy
practices and procedures associated with the recommendation,
development, and consideration of tax preferences, assess the
effectiveness of budgeting requirements and practices, the general
rigor of justifications and evaluations typically provided during
legislative consideration of tax preferences, and the role and value of
methodologies currently used to measure the public benefits and costs,
including opportunity costs, of tax preferences, as defined in RCW
43.136.021.
(ii) Consider but not be limited to, the factors listed in RCW
43.136.055.
(b) The task force may make recommendations to improve the
effectiveness of the review process conducted by the citizen commission
on performance measurement of tax preferences process as described in
chapter 43.136 RCW. The task force may also recommend changes or
improvements in the manner in which both the executive branch and
legislative branch of state government address tax preferences
generally, including those in effect as well as those that may be
hereafter proposed, in order to protect the public interest and assure
transparency, fairness, and equity in the state tax code.
(c) The task force may recommend structural or procedural changes
that it feels will enhance both executive and legislative procedures
and ensure consistent and rigorous examination of such preferences.
(d) The task force must report its recommendations to the governor
and legislative fiscal committees by November 15, 2010.
(e) The task force has eleven voting members as follows:
(i) One member is the state treasurer;
(ii) One member is the chair of the joint legislative audit and
review committee;
(iii) One member is the director of financial management;
(iv) A member, four in all, of each of the two largest caucuses of
the senate and the two largest caucuses of the house of
representatives, appointed by the chair of each caucus; and
(v) An appointee who is not a legislator, four in all, of each of
the two largest caucuses of the senate and the two largest caucuses of
the house of representatives, appointed by the chair of each caucus.
(f) Persons appointed by the caucus chairs under (e)(v) of this
subsection should be individuals who have a basic understanding of
state tax policy, government operations, and public services.
(g) The task force must elect a chair from among its members.
Decisions of the task force must be made using the sufficient consensus
model. For the purposes of this subsection, "sufficient consensus"
means the point at which the substantial majority of the commission
favors taking a particular action. The chair may determine when a vote
must be taken. The task force must allow a minority report to be
included with a decision of the task force if requested by a member of
the task force.
(h) The joint legislative audit and review committee must provide
clerical, technical, and management personnel to the task force to
serve as the task force's staff. The staff of the legislative fiscal
committees, legislative counsel, and the office of financial management
must also provide technical assistance to the task force. The
department of revenue must provide necessary support and information to
the joint task force.
(i) The task force must meet at least once a quarter and may hold
additional meetings at the call of the chair or by a majority vote of
the members of the task force. The members of the task force must be
compensated in accordance with RCW 43.03.220 and reimbursed for travel
expenses in accordance with RCW 43.03.050 and 43.03.060.
Sec. 102 2010 1st sp.s. c 37 s 106 (uncodified) is amended to
read as follows:
FOR THE JOINT LEGISLATIVE SYSTEMS COMMITTEE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $8,652,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($8,506,000))
$7,971,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($17,158,000))
$16,623,000
Sec. 103 2010 1st sp.s. c 37 s 107 (uncodified) is amended to
read as follows:
FOR THE STATUTE LAW COMMITTEE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $4,611,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($4,864,000))
$4,558,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($9,475,000))
$9,169,000
Sec. 104 2010 1st sp.s. c 37 s 112 (uncodified) is amended to
read as follows:
FOR THE COMMISSION ON JUDICIAL CONDUCT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,043,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,064,000))
$1,012,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,107,000))
$2,055,000
The appropriations in this section are subject to the following
conditions and limitations: It is the intent of the legislature that
the reductions in appropriations in this section shall be achieved, to
the greatest extent possible, by reducing those state government
administrative costs that do not affect direct client services or
direct service delivery or programs. The agency shall, to the greatest
extent possible, reduce spending in those areas that shall have the
least impact on implementing its mission.
Sec. 105 2010 2nd sp.s. c 1 s 109 (uncodified) is amended to read
as follows:
FOR THE ADMINISTRATOR FOR THE COURTS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $52,644,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($49,760,000))
$46,620,000
General Fund--Federal Appropriation . . . . . . . . . . . . $979,000
Judicial Information Systems Account -- State
Appropriation . . . . . . . . . . . . $33,406,000
Judicial Stabilization Trust Account--State
Appropriation . . . . . . . . . . . . $6,598,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($143,387,000))
$140,247,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,800,000 of the general fund--state appropriation for fiscal
year 2010 and (($1,687,000)) $1,125,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for school
districts for petitions to juvenile court for truant students as
provided in RCW 28A.225.030 and 28A.225.035. The office of the
administrator for the courts shall develop an interagency agreement
with the superintendent of public instruction to allocate the funding
provided in this subsection. Allocation of this money to school
districts shall be based on the number of petitions filed. This
funding includes amounts school districts may expend on the cost of
serving petitions filed under RCW 28A.225.030 by certified mail or by
personal service or for the performance of service of process for any
hearing associated with RCW 28A.225.030.
(2)(a) $8,252,000 of the general fund--state appropriation for
fiscal year 2010 and (($7,734,000)) $5,156,000 of the general fund--state appropriation for fiscal year 2011 are provided solely for
distribution to county juvenile court administrators to fund the costs
of processing truancy, children in need of services, and at-risk youth
petitions. The administrator for the courts, in conjunction with the
juvenile court administrators, shall develop an equitable funding
distribution formula. The formula shall neither reward counties with
higher than average per-petition processing costs nor shall it penalize
counties with lower than average per-petition processing costs.
(b) Each fiscal year during the 2009-11 fiscal biennium, each
county shall report the number of petitions processed and the total
actual costs of processing truancy, children in need of services, and
at-risk youth petitions. Counties shall submit the reports to the
administrator for the courts no later than 45 days after the end of the
fiscal year. The administrator for the courts shall electronically
transmit this information to the chairs and ranking minority members of
the house of representatives 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.
(3) The distributions made under this subsection and distributions
from the county criminal justice assistance account made pursuant to
section 801 of this act constitute appropriate reimbursement for costs
for any new programs or increased level of service for purposes of RCW
43.135.060.
(4) $5,700,000 of the judicial information systems account--state
appropriation is provided solely for modernization and integration of
the judicial information system.
(a) Of this amount, $1,700,000 is for the development of a
comprehensive enterprise-level information technology strategy and
detailed business and operational plans in support of that strategy,
and $4,000,000 is to continue to modernize and integrate current
systems and enhance case management functionality on an incremental
basis.
(b) The amount provided in this subsection may not be expended
without prior approval by the judicial information system committee.
The administrator shall regularly submit project plan updates for
approval to the judicial information system committee.
(c) The judicial information system committee shall review project
progress on a regular basis and may require quality assurance plans.
The judicial information systems committee shall provide a report to
the appropriate committees of the legislature no later than November 1,
2011, on the status of the judicial information system modernization
and integration, and the consistency of the project with the state's
architecture, infrastructure and statewide enterprise view of service
delivery.
(d) $100,000 of the judicial information systems account--state
appropriation is provided solely for the administrative office of the
courts, in coordination with the judicial information system committee,
to conduct an independent third-party executive-level review of the
judicial information system. This review shall examine, at a minimum,
the scope of the current project plan, governance structure, and
organizational change management procedures. The review will also
benchmark the system plans against similarly sized projects in other
states or localities, review the large scale program risks, and
estimate life cycle costs, including capital and on-going operational
expenditures.
(5) $3,000,000 of the judicial information systems account--state
appropriation is provided solely for replacing computer equipment at
state courts, and at state judicial agencies. The administrator for
the courts shall prioritize equipment replacement purchasing and shall
fund those items that are most essential or critical. By October 1,
2010, the administrative office of the courts shall report to the
appropriate legislative fiscal committees on expenditures for equipment
under this subsection.
(6) $12,000 of the judicial information systems account--state
appropriation is provided solely to implement Engrossed Substitute
House Bill No. 1954 (sealing juvenile records). If the bill is not
enacted by June 30, 2009, the amount provided in this subsection shall
lapse.
(7) $106,000 of the general fund--state appropriation for fiscal
year 2010 and $106,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the twenty-third superior
court judge position in Pierce county. The funds appropriated in this
subsection shall be expended only if the judge is appointed and serving
on the bench.
(8) It is the intent of the legislature that the reductions in
appropriations in this section shall be achieved, to the greatest
extent possible, by reducing those state government administrative
costs that do not affect direct client services or direct service
delivery or programs. The agency shall, to the greatest extent
possible, reduce spending in those areas that shall have the least
impact on implementing its mission.
(9) $44,000 of the judicial information systems account--state
appropriation is provided solely to implement chapter 272, Laws of 2010
(SHB 2680; guardianship).
(10) $274,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the office of public guardianship to
provide guardianship services for low-income incapacitated persons.
(11) $3,797,000 of the judicial information systems account--state
appropriation is provided solely for continued planning and
implementation of improvements to the court case management system.
(12) In accordance with RCW 43.135.055, the administrative office
of the courts is authorized to adopt and increase the fees set forth in
and previously authorized in section 6, chapter 491, Laws of 2009.
Sec. 106 2010 1st sp.s. c 37 s 118 (uncodified) is amended to
read as follows:
FOR THE PUBLIC DISCLOSURE COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $2,249,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($2,212,000))
$1,969,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,461,000))
$4,218,000
Sec. 107 2010 1st sp.s. c 37 s 120 (uncodified) is amended to
read as follows:
FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $275,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($262,000))
$233,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($537,000))
$508,000
The appropriations in this section are subject to the following
conditions and limitations: The office shall assist the department of
personnel on providing the government-to-government training sessions
for federal, state, local, and tribal government employees. The
training sessions shall cover tribal historical perspectives, legal
issues, tribal sovereignty, and tribal governments. Costs of the
training sessions shall be recouped through a fee charged to the
participants of each session. The department of personnel shall be
responsible for all of the administrative aspects of the training,
including the billing and collection of the fees for the training.
Sec. 108 2010 1st sp.s. c 37 s 121 (uncodified) is amended to
read as follows:
FOR THE COMMISSION ON ASIAN PACIFIC AMERICAN AFFAIRS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $216,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($236,000))
$221,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($452,000))
$437,000
Sec. 109 2010 1st sp.s. c 37 s 123 (uncodified) is amended to
read as follows:
FOR THE STATE AUDITOR
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $722,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($717,000))
$638,000
State Auditing Services Revolving
Account -- State Appropriation . . . . . . . . . . . . $10,749,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($12,188,000))
$12,109,000
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) $722,000 of the general fund--state appropriation for fiscal
year 2010 and (($717,000)) $638,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for staff and
related costs to verify the accuracy of reported school district data
submitted for state funding purposes; conduct school district program
audits of state funded public school programs; establish the specific
amount of state funding adjustments whenever audit exceptions occur and
the amount is not firmly established in the course of regular public
school audits; and to assist the state special education safety net
committee when requested.
(3) Within the amounts appropriated in this section, the state
auditor shall continue to complete the annual audit of the state's
comprehensive annual financial report and the annual federal single
audit consistent with the auditing standards generally accepted in the
United States and the standards applicable to financial audits
contained in government auditing standards, issued by the comptroller
general of the United States, and OMB circular A-133, audits of states,
local governments, and nonprofit organizations.
(4) The legislature finds that the major changes in personnel
funding in this budget and the long term effects of the ongoing
economic recession combine with structural changes in the nature of
work and employment in many state agencies to require a continuing
review of the workforce examination begun under chapter 534, Laws of
2009 (exempt employment practices). The legislature notes the ongoing
management reforms of the Washington management service being
undertaken by the department of personnel, and anticipates a continuing
legislative committee examination of the architecture and cost of the
state's career and executive workforce. To that end, the office of
state auditor is invited to provide by September 1, 2010, a general
survey of new and best practices for executive and career workforce
management now in use by other states and relevant industries.
Sec. 110 2010 1st sp.s. c 37 s 124 (uncodified) is amended to
read as follows:
FOR THE CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $168,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($206,000))
$193,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($374,000))
$361,000
Sec. 111 2010 2nd sp.s. c 1 s 115 (uncodified) is amended to read
as follows:
FOR THE ATTORNEY GENERAL
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $5,732,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . $5,272,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $4,026,000
New Motor Vehicle Arbitration Account -- State
Appropriation . . . . . . . . . . . . $1,350,000
Legal Services Revolving Account -- State
Appropriation . . . . . . . . . . . . (($220,909,000))
$224,523,000
Tobacco Prevention and Control Account -- State
Appropriation . . . . . . . . . . . . $270,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($237,559,000))
$241,173,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The attorney general shall report each fiscal year on actual
legal services expenditures and actual attorney staffing levels for
each agency receiving legal services. The report shall be submitted to
the office of financial management and the fiscal committees of the
senate and house of representatives no later than ninety days after the
end of each fiscal year. As part of its by agency report to the
legislative fiscal committees and the office of financial management,
the office of the attorney general shall include information detailing
the agency's expenditures for its agency-wide overhead and a breakdown
by division of division administration expenses.
(2) Prior to entering into any negotiated settlement of a claim
against the state that exceeds five million dollars, the attorney
general shall notify the director of financial management and the
chairs of the senate committee on ways and means and the house of
representatives committee on ways and means.
(3) The office of the attorney general is authorized to expend
$2,100,000 from the Zyprexa and other cy pres awards towards consumer
protection costs in accordance with uses authorized in the court
orders.
(4) The attorney general shall annually report to the fiscal
committees of the legislature all new cy pres awards and settlements
and all new accounts, disclosing their intended uses, balances, the
nature of the claim or account, proposals, and intended timeframes for
the expenditure of each amount. The report shall be distributed
electronically and posted on the attorney general's web site. The
report shall not be printed on paper or distributed physically.
(5) The executive ethics board must produce a report by the end of
the calendar year for the legislature regarding performance measures on
the efficiency and effectiveness of the board, as well as on
performance measures to measure and monitor the ethics and integrity of
all state agencies.
(6) $53,000 of the legal services revolving account--state
appropriation is provided solely to implement Engrossed Second
Substitute House Bill No. 3026 (school district compliance with state
and federal civil rights laws).
Sec. 112 2010 1st sp.s. c 37 s 126 (uncodified) is amended to
read as follows:
FOR THE CASELOAD FORECAST COUNCIL
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $766,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($742,000))
$660,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,508,000))
$1,426,000
The appropriations in this section are subject to the following
conditions and limitations: $13,000 of the general fund--state
appropriation for fiscal year 2010 and $7,000 of the general fund--state appropriation for fiscal year 2011 are for the implementation of
Second Substitute House Bill No. 2106 (improving child welfare outcomes
through the phased implementation of strategic and proven reforms). If
the bill is not enacted by June 30, 2009, the amounts provided in this
subsection shall lapse.
Sec. 113 2010 1st sp.s. c 37 s 127 (uncodified) is amended to
read as follows:
FOR THE DEPARTMENT OF COMMERCE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $49,670,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($40,577,000))
$35,924,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($381,918,000))
$385,491,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $10,622,000
Public Works Assistance Account -- State
Appropriation . . . . . . . . . . . . $2,974,000
Tourism Development and Promotion Account -- State
Appropriation . . . . . . . . . . . . (($1,003,000))
$798,000
Drinking Water Assistance Administrative
Account -- State Appropriation . . . . . . . . . . . . $433,000
Lead Paint Account -- State Appropriation . . . . . . . . . . . . $35,000
Building Code Council Account -- State Appropriation . . . . . . . . . . . . $688,000
Home Security Fund Account -- State Appropriation . . . . . . . . . . . . (($25,486,000))
$24,486,000
Affordable Housing for All Account -- State
Appropriation . . . . . . . . . . . . $11,896,000
Washington Auto Theft Prevention Authority
Account--State Appropriation . . . . . . . . . . . . $300,000
Independent Youth Housing Account -- State
Appropriation . . . . . . . . . . . . $220,000
County Research Services Account--State Appropriation . . . . . . . . . . . . $469,000
Community Preservation and Development Authority
Account--State Appropriation . . . . . . . . . . . . $350,000
Financial Fraud and Identity Theft Crimes Investigation
and Prosecution Account -- State Appropriation . . . . . . . . . . . . $1,166,000
Low-Income Weatherization Assistance Account -- State
Appropriation . . . . . . . . . . . . $6,882,000
City and Town Research Services Account--State
Appropriation . . . . . . . . . . . . $2,246,000
Manufacturing Innovation and Modernization
Account -- State Appropriation . . . . . . . . . . . . $230,000
Community and Economic Development Fee
Account -- State Appropriation . . . . . . . . . . . . $6,922,000
Washington Housing Trust Account -- State
Appropriation . . . . . . . . . . . . $15,348,000
Prostitution Prevention and Intervention Account--
State Appropriation . . . . . . . . . . . . $125,000
Public Facility Construction Loan Revolving
Account -- State Appropriation . . . . . . . . . . . . $754,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($560,314,000))
$558,029,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $2,378,000 of the general fund -- state appropriation for fiscal
year 2010 and (($2,379,000)) $2,117,000 of the general fund -- state
appropriation for fiscal year 2011 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.
(2) 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 collect payments on outstanding loans, and deposit
them into the state general fund. Repayments of funds owed under the
program shall be remitted to the department according to the terms
included in the original loan agreements.
(3) $100,000 of the general fund--state appropriation for fiscal
year 2010 and (($100,000)) $89,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely to implement
section 2(7) of Engrossed Substitute House Bill No. 1959 (land use and
transportation planning for marine container ports).
(4) $102,000 of the building code council account--state
appropriation is provided solely for the implementation of sections 3
and 7 of Engrossed Second Substitute Senate Bill No. 5854 (built
environment pollution). If sections 3 and 7 of the bill are not
enacted by June 30, 2009, the amounts provided in this subsection shall
lapse.
(5)(a) $10,500,000 of the general fund--federal appropriation is
provided for training and technical assistance associated with low
income weatherization programs. Subject to federal requirements, the
department shall provide: (i) Up to $4,000,000 to the state board for
community and technical colleges to provide workforce training related
to weatherization and energy efficiency; (ii) up to $3,000,000 to the
Bellingham opportunity council to provide workforce training related to
energy efficiency and weatherization; and (iii) up to $3,500,000 to
community-based organizations and to community action agencies
consistent with the provisions of Engrossed Second Substitute House
Bill No. 2227 (evergreen jobs act). Any funding remaining shall be
expended in project 91000013, weatherization, in the omnibus capital
appropriations act, Substitute House Bill No. 1216 (capital budget).
(b) $6,787,000 of the general fund--federal appropriation is
provided solely for the state energy program, including not less than
$5,000,000 to provide credit enhancements consistent with the
provisions of Engrossed Second Substitute Senate Bill No. 5649 (energy
efficiency in buildings).
(c) Of the general fund--federal appropriation the department shall
provide: $14,500,000 to the Washington State University for the
purpose of making grants for pilot projects providing community-wide
urban, residential, and commercial energy efficiency upgrades
consistent with the provisions of Engrossed Second Substitute Senate
Bill No. 5649 (energy efficiency in buildings); $500,000 to Washington
State University to conduct farm energy assessments. In contracting
with the Washington State University for the provision of these
services, the total administration of Washington State University and
the department shall not exceed 3 percent of the amounts provided.
(d) $38,500,000 of the general fund--federal appropriation is
provided for deposit in the energy recovery act account to establish a
revolving loan program, consistent with the provisions of Engrossed
Substitute House Bill No. 2289 (expanding energy freedom program).
(e) $10,646,000 of the general fund--federal appropriation is
provided pursuant to the energy efficiency and conservation block grant
under the American reinvestment and recovery act. The department may
use up to $3,000,000 of the amount provided in this subsection to
provide technical assistance for energy programs administered by the
agency under the American reinvestment and recovery act.
(6) $14,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for the implementation of Engrossed Second
Substitute Senate Bill No. 5560 (state agency climate leadership). If
the bill is not enacted by June 30, 2009, the amount provided in this
subsection shall lapse.
(7) $22,400,000 of the general fund--federal appropriation is
provided solely for the justice assistance grant program and is
contingent upon the department transferring: $1,200,000 to the
department of corrections for security threat mitigation, $2,336,000 to
the department of corrections for offender reentry, $1,960,000 to the
Washington state patrol for law enforcement activities, $2,087,000 to
the department of social and health services, division of alcohol and
substance abuse for drug courts, and $428,000 to the department of
social and health services for sex abuse recognition training. The
remaining funds shall be distributed by the department to local
jurisdictions.
(8) $20,000 of the general fund--state appropriation for fiscal
year 2010 and (($20,000)) $18,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for a grant to
KCTS public television to support Spanish language programming and the
V-me Spanish language channel.
(9) $500,000 of the general fund--state appropriation for fiscal
year 2010 and (($500,000)) $447,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for a grant to
resolution Washington to building statewide capacity for alternative
dispute resolution centers and dispute resolution programs that
guarantee that citizens have access to low-cost resolution as an
alternative to litigation.
(10) $30,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for implementation of Engrossed Second
Substitute Senate Bill No. 6015 (commercialization of technology). If
the bill is not enacted by June 30, 2009, the amount provided in this
subsection shall lapse.
(11) By June 30, 2011, the department shall request information
that describes what jurisdictions have adopted, or are in the process
of adopting, plans that address RCW 36.70A.020 and helps achieve the
greenhouse gas emission reductions established in RCW 70.235.020. This
information request in this subsection applies to jurisdictions that
are required to review and if necessary revise their comprehensive
plans in accordance with RCW 36.70A.130.
(12) During the 2009-11 fiscal biennium, the department shall allot
all of its appropriations subject to allotment by object, account, and
expenditure authority code to conform with the office of financial
management's definition of an option 2 allotment. For those funds
subject to allotment but not appropriation, the agency shall submit
option 2 allotments to the office of financial management.
(13) $50,000 of the general fund--state appropriation for fiscal
year 2010 and (($50,000)) $35,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for a grant for
the state's participation in the Pacific Northwest economic region.
(14) $712,000 of the general fund--state appropriation for fiscal
year 2010 and (($712,000)) $559,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely to the office of
crime victims advocacy. These funds shall be contracted with the 39
county prosecuting attorneys' offices to support victim-witness
services. The funds must be prioritized to ensure a full-time victim-witness coordinator in each county. The office may retain only the
amount currently allocated for this activity for administrative costs.
(15) $306,000 of the general fund--state appropriation for fiscal
year 2010 and (($306,000)) $274,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for a grant to
the retired senior volunteer program.
(16) $65,000 of the general fund--state appropriation for fiscal
year 2010 is 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.
(17) $371,000 of the general fund--state appropriation for fiscal
year 2010 and (($371,000)) $250,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely to the northwest
agriculture business center.
(18) The department shall administer its growth management act
technical assistance so that smaller cities receive proportionately
more assistance than larger cities or counties.
(19) $212,000 of the general fund--federal appropriation is
provided solely for implementation of Second Substitute House Bill No.
1172 (development rights transfer). If the bill is not enacted by June
30, 2009, the amount provided in this subsection shall lapse.
(20) $69,000 of the general fund--state appropriation for fiscal
year 2010 and (($66,000)) $60,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for
implementation of Engrossed Second Substitute House Bill No. 2227
(evergreen jobs act). If the bill is not enacted by June 30, 2009, the
amounts provided in this subsection shall lapse.
(21) $350,000 of the community development and preservation
authority account--state appropriation is provided solely for a grant
to a community development authority established under chapter 43.167
RCW. The community preservation and development's board of directors
may contract with nonprofit community organizations to aid in
mitigating the effects of increased public impact on urban
neighborhoods due to events in stadia that have a capacity of over
50,000 spectators.
(22) $300,000 of the Washington auto theft prevention authority
account--state appropriation is provided solely for a contract with a
community group to build local community capacity and economic
development within the state by strengthening political relationships
between economically distressed communities and governmental
institutions. The community group shall identify opportunities for
collaboration and initiate activities and events that bring community
organizations, local governments, and state agencies together to
address the impacts of poverty, political disenfranchisement, and
economic inequality on communities of color. These funds must be
matched by other nonstate sources on an equal basis.
(23) $1,800,000 of the home security fund--state appropriation is
provided for transitional housing assistance or partial payments for
rental assistance under the independent youth housing program.
(24) $5,000,000 of the home security fund--state appropriation is
provided solely for the operation, repair, and staffing of shelters in
the homeless family shelter program.
(25) $253,000 of the general fund--state appropriation for fiscal
year 2010 and (($283,000)) $253,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for the
Washington new Americans program.
(26) $438,000 of the general fund--state appropriation for fiscal
year 2010 and (($438,000)) $394,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for the
Washington asset building coalitions.
(((29))) (27) $3,231,000 of the general fund--state appropriation
for fiscal year 2010 and (($3,231,000)) $2,876,000 of the general fund--state appropriation for fiscal year 2011 are provided solely for
associate development organizations.
(((30))) (28) $5,400,000 of the community and economic development
fee account is provided as follows: $1,000,000 is provided solely for
the department of commerce for services for homeless families through
the Washington families fund; $2,600,000 is provided solely for housing
trust fund operations and maintenance; $800,000 is provided solely for
housing trust fund portfolio management; $500,000 is provided solely
for foreclosure counseling and support; and $500,000 is provided solely
for use as a reserve in the account.
(((32) $250,000)) (29) $237,000 of the general fund--state
appropriation for fiscal year 2011 is provided solely for the
department to administer a competitive grant program to fund economic
development activities designed to further regional cluster growth and
to integrate its sector-based and cluster-based strategies with its
support for the development of innovation partnership zones. Grant
recipients must provide matching funds equal to the size of the grant.
Grants may be awarded to support the formation of sector associations
or cluster associations, the identification of the technology and
commercialization needs of a sector or cluster, facilitating working
relationships between a sector association or cluster association and
an innovation partnership zone, expanding the operations of an
innovation partnership zone, and developing and implementing plans to
meet the technology development and commercialization needs of industry
sectors, industry clusters, and innovation partnership zones. The
projects receiving grants must not duplicate the purpose or efforts of
industry skill panels but priority must be given to applicants that
complement industry skill panels and will use the grant funds to build
linkages and joint projects.
(((33) $100,000)) (30) $62,000 of the general fund--state
appropriation for fiscal year 2011 is provided solely to:
(a) Develop a rural manufacturer export outreach program in
conjunction with impact Washington. The program must provide outreach
services to rural manufacturers in Washington to inform them of the
importance of and opportunities in international trade, and to inform
them of the export assistance programs available to assist these
businesses to become exporters; and
(b) Develop export loan or loan guarantee programs in conjunction
with the Washington economic development finance authority and the
appropriate federal and private entities.
(((34) $1,000,000)) (31) $400,000 of the general fund--state
appropriation for fiscal year 2011 is provided solely to implement the
provisions of chapter 13, Laws of 2010 (global health program).
(((35))) (32) $50,000 of the general fund--state appropriation for
fiscal year 2011 is provided solely for the creation of the Washington
entrepreneurial development and small business reference service in the
department of commerce.
(a) The department must:
(i) In conjunction with and drawing on information compiled by the
work force training and education coordinating board and the Washington
economic development commission:
(A) Establish and maintain an inventory of the public and private
entrepreneurial training and technical assistance services, programs,
and resources available in the state;
(B) Disseminate information about available entrepreneurial
development and small business assistance services, programs, and
resources via in-person presentations and electronic and printed
materials and undertake other activities to raise awareness of
entrepreneurial training and small business assistance offerings; and
(C) Evaluate the extent to which existing entrepreneurial training
and technical assistance programs in the state are effective and
represent a consistent, integrated approach to meeting the needs of
start-up and existing entrepreneurs;
(ii) Assist providers of entrepreneurial development and small
business assistance services in applying for federal and private
funding to support the entrepreneurial development and small business
assistance activities in the state;
(iii) Distribute awards for excellence in entrepreneurial training
and small business assistance; and
(iv) Report to the governor, the economic development commission,
the work force training and education coordinating board, and the
appropriate legislative committees its recommendations for statutory
changes necessary to enhance operational efficiencies or enhance
coordination related to entrepreneurial development and small business
assistance.
(b) In carrying out the duties under this section, the department
must seek the advice of small business owners and advocates, the
Washington economic development commission, the work force training and
education coordinating board, the state board for community and
technical colleges, the employment security department, the Washington
state microenterprise association, associate development organizations,
impact Washington, the Washington quality award council, the Washington
technology center, the small business export finance assistance center,
the Spokane intercollegiate research and technology institute,
representatives of the University of Washington business school and the
Washington State University college of business and economics, the
office of minority and women's business enterprises, the Washington
economic development finance authority, and staff from small business
development centers.
(c) The director may appoint an advisory board or convene such
other individuals or groups as he or she deems appropriate to assist in
carrying out the department's duties under this section.
(((37) $50,000)) (33) $45,000 of the general fund--state
appropriation for fiscal year 2011 is provided solely for a grant to
HistoryLink.
Sec. 114 2010 1st sp.s. c 37 s 128 (uncodified) is amended to
read as follows:
FOR THE ECONOMIC AND REVENUE FORECAST COUNCIL
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $711,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($772,000))
$723,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,483,000))
$1,434,000
The appropriations in this section are subject to the following
conditions and limitations: The economic and revenue forecast council,
in its quarterly revenue forecasts, shall forecast the total revenue
for the state lottery.
Sec.115 2010 1st sp.s. c 37 s 130 (uncodified) is amended to read
as follows:
FOR THE OFFICE OF ADMINISTRATIVE HEARINGS
Administrative Hearings Revolving
Account -- State Appropriation . . . . . . . . . . . . (($33,978,000))
$34,468,000
The appropriation in this section is subject to the following
conditions and limitations: $725,000 of the administrative hearings
revolving account--state appropriation is provided solely to implement
Engrossed Second Substitute House Bill No. 2782 (security lifeline
act). If the bill is not enacted by June 30, 2010, the amount provided
in this subsection shall lapse.
Sec. 116 2010 1st sp.s. c 37 s 133 (uncodified) is amended to
read as follows:
FOR THE COMMISSION ON HISPANIC AFFAIRS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $250,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($255,000))
$227,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($505,000))
$477,000
Sec. 117 2010 1st sp.s. c 37 s 134 (uncodified) is amended to
read as follows:
FOR THE COMMISSION ON AFRICAN-AMERICAN AFFAIRS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $243,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($236,000))
$210,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($479,000))
$453,000
Sec. 118 2010 2nd sp.s. c 1 s 117 (uncodified) is amended to read
as follows:
FOR THE DEPARTMENT OF REVENUE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $109,472,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($113,279,000))
$107,662,000
Timber Tax Distribution Account -- State
Appropriation . . . . . . . . . . . . $5,933,000
Waste Reduction/Recycling/Litter
Control -- State Appropriation . . . . . . . . . . . . $130,000
Waste Tire Removal Account -- State Appropriation . . . . . . . . . . . . $2,000
Real Estate Excise Tax Grant Account -- State
Appropriation . . . . . . . . . . . . $3,429,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $87,000
Oil Spill Prevention Account -- State Appropriation . . . . . . . . . . . . $19,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($232,351,000))
$226,734,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $469,000 of the general fund--state appropriation for fiscal
year 2010 and $374,000 of the general fund--state appropriation for
fiscal year 2011 are for the implementation of Substitute Senate Bill
No. 5368 (annual property revaluation). If the bill is not enacted by
June 30, 2009, the amounts in this subsection shall lapse.
(2) $4,653,000 of the general fund--state appropriation for fiscal
year 2010 and $4,242,000 of the general fund--state appropriation for
fiscal year 2011 are for the implementation of revenue enhancement
strategies. The strategies must include increased out-of-state
auditing and compliance, the purchase of third party data sources for
enhanced audit selection, and increased traditional auditing and
compliance efforts.
(3) $3,127,000 of the general fund--state appropriation for fiscal
year 2010 and $1,737,000 of the general fund--state appropriation for
fiscal year 2011 are for the implementation of Senate Bill No. 6173
(sales tax compliance). If the bill is not enacted by June 30, 2009,
the amounts provided in this subsection shall lapse.
(4) $1,294,000 of the general fund--state appropriation for fiscal
year 2010 and $3,085,000 of the general fund--state appropriation for
fiscal year 2011 are for the implementation of Second Engrossed
Substitute Senate Bill No. 6143 (excise tax law modifications). If the
bill is not enacted by June 30, 2010, the amounts provided in this
subsection shall lapse.
(5) $163,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely to implement Substitute Senate Bill No.
6846 (enhanced 911 services). If the bill is not enacted by June 30,
2010, the amount provided in this subsection shall lapse.
(6) (($1,200,000)) $304,000 of the general fund--state
appropriation for fiscal year 2011 is provided solely for making the
necessary preparations for implementation of the working families tax
exemption pursuant to RCW 82.08.0206 in 2012.
Sec. 119 2010 1st sp.s. c 37 s 138 (uncodified) is amended to
read as follows:
FOR THE BOARD OF TAX APPEALS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,346,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,318,000))
$1,195,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,664,000))
$2,541,000
Sec. 120 2010 1st sp.s. c 37 s 141 (uncodified) is amended to
read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $815,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($3,963,000))
$3,527,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,956,000
Building Code Council Account--State Appropriation . . . . . . . . . . . . (($593,000))
$875,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $84,000
General Administration Service Account -- State
Appropriation . . . . . . . . . . . . (($31,748,000))
$31,397,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($40,159,000))
$39,654,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $28,000 of the general fund--state appropriation for fiscal
year 2010 and (($28,000)) $14,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for the purposes
of section 8 of Engrossed Second Substitute Senate Bill No. 5854 (built
environment pollution). If section 8 of the bill is not enacted by
June 30, 2009, the amounts provided in this subsection shall lapse.
(2) (($3,545,000)) $3,197,000 of the general fund--state
appropriation for fiscal year 2011 is provided solely for the payment
of facilities and services charges, utilities and contracts charges,
public and historic facilities charges, and capital projects surcharges
allocable to the senate, house of representatives, statute law
committee, and joint legislative systems committee. The department
shall allocate charges attributable to these agencies among the
affected revolving funds. The department shall enter into an
interagency agreement with these agencies by July 1, 2010, to establish
performance standards, prioritization of preservation and capital
improvement projects, and quality assurance provisions for the delivery
of services under this subsection. The agencies named in this
subsection shall continue to enjoy all of the same rights of occupancy,
support, and space use on the capitol campus as historically
established.
(3) $84,000 of the general fund--private/local appropriation and
$593,000 of the building code council account--state appropriation are
provided solely to implement Engrossed Second Substitute House Bill No.
2658 (refocusing the department of commerce, including transferring
programs). If the bill is not enacted by June 30, 2010, the amounts
provided in this subsection shall lapse.
(4) In accordance with RCW 46.08.172 and 43.135.055, the department
is authorized to increase parking fees in fiscal year 2011 as necessary
to meet the actual costs of conducting business.
Sec. 121 2010 1st sp.s. c 37 s 142 (uncodified) is amended to
read as follows:
FOR THE DEPARTMENT OF INFORMATION SERVICES
General Fund--State Appropriation (FY 2010) . . . . . . . . . . . . $1,086,000
General Fund--State Appropriation (FY 2011) . . . . . . . . . . . . (($1,080,000))
$1,012,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $701,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . $178,000
Data Processing Revolving Account -- State
Appropriation . . . . . . . . . . . . $7,601,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($10,646,000))
$10,578,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $100,000 of the general fund--state appropriation for fiscal
year 2010 and $100,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the purposes of Engrossed
Second Substitute House Bill No. 1701 (high-speed internet), including
expenditure for deposit to the community technology opportunity
account. If the bill is not enacted by June 30, 2009, the amounts
provided in this subsection shall lapse.
(2) The department shall implement some or all of the following
strategies to achieve savings on information technology expenditures
through: (a) Holistic virtualization strategies; (b) wide-area network
optimization strategies; (c) replacement of traditional telephone
communications systems with alternatives; and (d) migration of external
voice mail systems to internal voice mail systems coordinated by the
department. The department shall report to the office of financial
management and the fiscal committees of the legislature semiannually on
progress made towards the implementation of savings strategies and the
savings realized to date. No later than June 30, 2011, the department
shall submit a final report on its findings and savings realized to the
office of financial management and the fiscal committees of the
legislature.
(3) $178,000 of the general fund--private/local appropriation is
provided solely for the implementation of the opportunity portal under
Second Substitute House Bill No. 2782 (security lifeline act). If the
bill is not enacted by June 30, 2010, the amount provided in this
subsection shall lapse.
(4) Appropriations in this section include amounts sufficient to
implement Engrossed Substitute House Bill No. 3178 (technology
efficiencies).
(5) The department is prohibited from expending any amounts
appropriated in this section or any amounts from other funds managed by
the department for the purchase, restoration, installation, or
deployment of equipment for the new state data center authorized in
section 6031(8), chapter 497, Laws of 2009, or for preparing for a move
to the new data center. The department may continue planning
activities to develop cost effective solutions for information
technology management.
Sec. 122 2010 1st sp.s. c 37 s 146 (uncodified) is amended to
read as follows:
FOR THE LIQUOR CONTROL BOARD
Liquor Control Board Construction and Maintenance
Account -- State Appropriation . . . . . . . . . . . . $8,817,000
Liquor Revolving Account -- State Appropriation . . . . . . . . . . . . (($156,580,000))
$156,691,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($165,397,000))
$165,508,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,306,000 of the liquor revolving account--state appropriation
is provided solely for the liquor control board to open five new state
stores.
(2) $40,000 of the liquor revolving account--state appropriation is
provided solely for the liquor control board to open ten new contract
stores.
(3) (($3,059,000)) $2,810,000 of the liquor revolving account--state appropriation is provided solely for the liquor control board to
increase state and local revenues from new retail strategies including
opening nine state stores on Sunday, opening state liquor stores on
seven holidays, opening six mall locations during the holiday season,
and increasing lottery sales.
(4) $173,000 of the liquor revolving account--state appropriation
is provided solely for the Engrossed House Bill No. 2040 (beer and wine
regulation commission). If the bill is not enacted by June 30, 2009,
the amount provided in this subsection shall lapse.
(5) $130,000 of the liquor revolving account appropriation is
provided to implement chapter 141, Laws of 2010 (SSB 6329).
(6) Within the amounts appropriated in this section, the liquor
control board shall monitor the tasting endorsement authorized by
chapter 141, Laws of 2010 (SSB 6329) and report to the appropriate
committees of the legislature by June 30, 2011, on the enforcement of
the endorsement. The report must include the number of compliance
checks conducted by the liquor board during tasting activities, whether
the checks were conducted with the knowledge of the licensee, the
number of compliance checks passed, the number and type of notices of
violation issued, the penalties imposed for the violations, the number
of complaints received about tasting activities, and other information
related to the enforcement of the endorsement. If the bill is not
enacted by June 30, 2010, the requirements of this subsection shall be
null and void.
(7) The board shall prepare a plan to transition selected state
liquor stores to contract stores. The plan must identify stores for
transition that the board determines will result in the greatest
efficiency and cost-effectiveness for the state. The plan must provide
for the conversion of at least twenty state liquor stores to contract
liquor stores and for that conversion to occur between July 1, 2011,
and July 1, 2013. The plan must also include an analysis of the
revenue generating capacity and costs for the stores before and after
the conversion as well as an analysis of access to liquor by
intoxicated and underage persons. The board shall submit the plan to
the appropriate policy and fiscal committees of the legislature by
November 1, 2010.
Sec. 123 2010 1st sp.s. c 37 s 148 (uncodified) is amended to
read as follows:
FOR THE MILITARY DEPARTMENT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $9,350,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($8,874,000))
$7,898,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $168,599,000
Enhanced 911 Account -- State Appropriation . . . . . . . . . . . . $44,508,000
Disaster Response Account -- State Appropriation . . . . . . . . . . . . $28,350,000
Disaster Response Account -- Federal Appropriation . . . . . . . . . . . . $114,496,000
Military Department Rent and Lease Account -- State
Appropriation . . . . . . . . . . . . $612,000
Military Department Active State Service Account -- Federal
Appropriation . . . . . . . . . . . . $592,000
Worker and Community Right-to-Know Account -- State
Appropriation . . . . . . . . . . . . $341,000
Nisqually Earthquake Account -- State Appropriation . . . . . . . . . . . . $307,000
Nisqually Earthquake Account -- Federal Appropriation . . . . . . . . . . . . $1,067,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($377,096,000))
$376,120,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $28,326,000 of the disaster response account -- state
appropriation and $114,496,000 of the disaster response account -- federal appropriation may be spent only on disasters declared by the
governor and with the approval of the office of financial management.
The military department shall submit a report to the office of
financial management and the legislative fiscal committees on October
1st and February 1st of each year detailing information on the disaster
response account, including: (a) The amount and type of deposits into
the account; (b) the current available fund balance as of the reporting
date; and (c) the projected fund balance at the end of the 2009-2011
biennium based on current revenue and expenditure patterns.
(2) $307,000 of the Nisqually earthquake account -- state
appropriation and $1,067,000 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 to the office of financial management
and the legislative fiscal committees on October 1st and February 1st
of each year 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 2009-2011 biennium based on current revenue
and expenditure patterns.
(3) $85,000,000 of the general fund -- federal appropriation is
provided solely for homeland security, subject to the following
conditions:
(a) Any communications equipment purchased by local jurisdictions
or state agencies shall be consistent with standards set by the
Washington state interoperability executive committee; and
(b) The department shall submit an annual report to the office of
financial management and the legislative fiscal committees detailing
the governor's domestic security advisory group recommendations;
homeland security revenues and expenditures, including estimates of
total federal funding for the state; and incremental changes from the
previous estimate.
(4) $500,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for the military department to contract
with the Washington information network 2-1-1 to operate a statewide 2-1-1 system. The department shall provide the entire amount for 2-1-1
and may not use any of the funds for administrative purposes.
Sec. 124 2010 1st sp.s. c 37 s 150 (uncodified) is amended to
read as follows:
FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $2,667,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($2,635,000))
$2,345,000
Higher Education Personnel Services Account--State
Appropriation . . . . . . . . . . . . $250,000
Department of Personnel Service Account -- State
Appropriation . . . . . . . . . . . . $3,263,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($8,815,000))
$8,525,000
The appropriations in this section are subject to the following
conditions and limitations: $50,000 of the general fund--state
appropriation for fiscal year 2011 is provided solely for
implementation of Engrossed Substitute Senate Bill No. 6726 (language
access provider bargaining).
Sec. 125 2010 1st sp.s. c 37 s 151 (uncodified) is amended to
read as follows:
FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,371,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,382,000))
$1,230,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,293,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $14,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($5,060,000))
$4,908,000
The appropriations in this section are subject to the following
conditions and limitations: $44,000 of the general fund--state
appropriation for fiscal year 2011 is provided for implementation of
Substitute House Bill No. 2704 (Washington main street program). If
the bill is not enacted by June 30, 2010, the amount provided in this
subsection shall lapse.
Sec. 126 2010 2nd sp.s. c 1 s 118 (uncodified) is amended to read
as follows:
FOR THE GROWTH MANAGEMENT HEARINGS BOARD
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,642,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . $1,334,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,976,000
The appropriations in this section are subject to the following
conditions and limitations: (($13,000)) $12,000 of the general fund--state appropriation for fiscal year 2011 is provided solely for
Substitute House Bill No. 2935 (hearings boards/environment and land
use). If the bill is not enacted by June 30, 2010, the amount provided
in this subsection shall lapse.
Sec. 127 2010 1st sp.s. c 37 s 153 (uncodified) is amended to
read as follows:
FOR THE STATE CONVENTION AND TRADE CENTER
State Convention and Trade Center Account -- State
Appropriation . . . . . . . . . . . . (($60,127,000))
$35,127,000
State Convention and Trade Center Operating
Account -- State Appropriation . . . . . . . . . . . . (($56,694,000))
$31,694,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($116,821,000))
$66,821,000
NEW SECTION. Sec. 128 A new section is added to 2009 c 564
(uncodified) to read as follows:
In accordance with RCW 43.135.055, the utilities and transportation
commission is authorized to increase the fees set forth in and
previously authorized in section 147, chapter 37, Laws of 2010 1st
sp.s.
NEW SECTION. Sec. 129 A new section is added to 2009 c 564
(uncodified) to read as follows:
In accordance with RCW 43.135.055, the office of financial
management is authorized to adopt and increase the fees set forth in
and previously authorized in section 13, chapter 314, Laws of 2009.
Sec. 201 2010 2nd sp.s. c 1 s 201 (uncodified) is amended to read
as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- CHILDREN AND FAMILY
SERVICES PROGRAM
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $315,002,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($293,707,000))
$287,800,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($497,964,000))
$494,161,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $3,320,000
Home Security Fund Appropriation . . . . . . . . . . . . (($9,983,000))
$8,224,000
Domestic Violence Prevention Account--State
Appropriation . . . . . . . . . . . . (($1,154,000))
$1,077,000
Education Legacy Trust Account--State Appropriation . . . . . . . . . . . . $725,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,121,855,000))
$1,110,309,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $937,000 of the general fund--state appropriation for fiscal
year 2010 and $696,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely 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.
(2) $369,000 of the general fund--state appropriation for fiscal
year 2010, (($366,000)) $343,000 of the general fund--state
appropriation for fiscal year 2011, and (($316,000)) $306,000 of the
general fund--federal appropriation are provided solely 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.
(3) $2,500,000 of the general fund--state appropriation for fiscal
year 2010 and (($88,000)) $46,000 of the general fund--state
appropriation for fiscal year 2011, and (($2,256,000)) $2,098,000 of
the home security fund--state appropriation are provided solely for
secure crisis residential centers. Within appropriated amounts, the
department shall collaborate with providers to maintain no less than
forty-five beds that are geographically representative of the state.
The department shall examine current secure crisis residential staffing
requirements, flexible payment options, center specific waivers, and
other appropriate methods to accomplish this outcome.
(4) A maximum of (($73,209,000)) $69,190,000 of the general fund--state appropriations and (($54,596,000)) $54,443,000 of the general
fund--federal appropriations for the 2009-11 biennium shall be expended
for behavioral rehabilitative services and these amounts are provided
solely for this purpose. The department shall work with behavioral
rehabilitative service providers to safely keep youth with emotional,
behavioral, or medical needs at home, with relatives, or with other
permanent placement resources and decrease the length of service
through improved emotional, behavioral, or medical outcomes for
children in behavioral rehabilitative services in order to achieve the
appropriated levels.
(a) Contracted providers shall act in good faith and accept the
hardest to serve children, to the greatest extent possible, in order to
improve their emotional, behavioral, or medical conditions.
(b) The department and the contracted provider shall mutually agree
and establish an exit date for when the child is to exit the behavioral
rehabilitative service provider. The department and the contracted
provider should mutually agree, to the greatest extent possible, on a
viable placement for the child to go to once the child's treatment
process has been completed. The child shall exit only when the
emotional, behavioral, or medical condition has improved or if the
provider has not shown progress toward the outcomes specified in the
signed contract at the time of exit. This subsection (b) does not
prevent or eliminate the department's responsibility for removing the
child from the provider if the child's emotional, behavioral, or
medical condition worsens or is threatened.
(c) The department is encouraged to use performance-based contracts
with incentives directly tied to outcomes described in this section.
The contracts should incentivize contracted providers to accept the
hardest to serve children and incentivize improvement in children's
emotional, mental, and medical well-being within the established exit
date. The department is further encouraged to increase the use of
behavioral rehabilitative service group homes, wrap around services to
facilitate and support placement of youth at home with relatives, or
other permanent resources, and other means to control expenditures.
(d) The total foster care per capita amount shall not increase more
than four percent in the 2009-11 biennium and shall not include
behavioral rehabilitative service.
(5) Within amounts provided for the foster care and adoption
support programs, the department shall control reimbursement decisions
for foster care and adoption support cases such that the aggregate
average cost per case for foster care and for adoption support does not
exceed the amounts assumed in the projected caseload expenditures.
(6) (($14,187,000)) $13,387,000 of the general fund--state
appropriation for fiscal year 2011 and $6,231,000 of the general fund--federal appropriation are provided solely for the department to provide
contracted prevention and early intervention services. The legislature
recognizes the need for flexibility as the department transitions to
performance-based contracts. The following services are included in
the prevention and early intervention block grant: Crisis family
intervention services, family preservation services, intensive family
preservation services, evidence-based programs, public health nurses,
and early family support services. The legislature intends for the
department to maintain and build on existing evidence-based and
research-based programs with the goal of utilizing contracted
prevention and intervention services to keep children safe at home and
to safely reunify families. Priority shall be given to proven
intervention models, including evidence-based prevention and early
intervention programs identified by the Washington state institute for
public policy and the department. The department shall include
information on the number, type, and outcomes of the evidence-based
programs being implemented in its reports on child welfare reform
efforts and shall provide the legislature and governor a report
regarding the allocation of resources in this subsection by September
30, 2010. The department shall expend federal funds under this
subsection in compliance with federal regulations.
(7) $36,000 of the general fund--state appropriation for fiscal
year 2010, $34,000 of the general fund--state appropriation for fiscal
year 2011, and $29,000 of the general fund--federal appropriation are
provided solely for the implementation of chapter 465, Laws of 2007
(child welfare).
(8) $125,000 of the general fund--state appropriation for fiscal
year 2010 and (($118,000)) $62,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for continuum of
care services. $100,000 of this amount is for Casey family partners
and $25,000 of this amount is for volunteers of America crosswalk in
fiscal year 2010. (($95,000)) $50,000 of this amount is for Casey
family partners and (($23,000)) $12,000 of this amount is for
volunteers of America crosswalk in fiscal year 2011.
(9) $1,904,000 of the general fund--state appropriation for fiscal
year 2010, (($1,717,000)) $1,441,000 of the general fund--state
appropriation for fiscal year 2011, and $335,000 of the general fund--federal appropriation are provided solely to contract with medical
professionals for comprehensive safety assessments of high-risk
families and for foster care assessments. The safety assessments will
use validated assessment tools to guide intervention decisions through
the identification of additional safety and risk factors. The
department will maintain the availability of comprehensive foster care
assessments and follow up services for children in out-of-home care who
do not have permanent plans, comprehensive safety assessments for
families receiving in-home child protective services or family
voluntary services, and comprehensive safety assessments for families
with an infant age birth to fifteen days where the infant was, at
birth, diagnosed as substance exposed and the department received an
intake referral related to the infant due to the substance exposure.
The department must consolidate contracts, streamline administration,
and explore efficiencies to achieve savings.
(10) $7,679,000 of the general fund--state appropriation for fiscal
year 2010, $6,226,000 of the general fund--state appropriation for
fiscal year 2011, and $4,658,000 of the general fund--federal
appropriation are provided solely for court-ordered supervised visits
between parents and dependent children and for sibling visits. The
department shall work collaboratively with the juvenile dependency
courts and revise the supervised visit reimbursement procedures to stay
within appropriations without impeding reunification outcomes between
parents and dependent children. The department shall report to the
legislative fiscal committees on September 30, 2010, and December 30,
2010, the number of children in foster care who receive supervised
visits, their frequency, length of time of each visit, and whether
reunification is attained.
(11) $145,000 of the general fund--state appropriation for fiscal
year 2010, $817,000 of the general fund--state appropriation for fiscal
year 2011, and (($724,000)) $668,000 of the home security fund--state
appropriation is provided solely for street youth program services.
(12) $1,522,000 of the general fund--state appropriation for fiscal
year 2010, $1,256,000 of the general fund--state appropriation for
fiscal year 2011, and $1,372,000 of the general fund--federal
appropriation are provided solely for the department to recruit foster
parents. The recruitment efforts shall include collaborating with
community-based organizations and current or former foster parents to
recruit foster parents.
(13) $493,000 of the general fund--state appropriation for fiscal
year 2010, (($284,000)) $102,000 of the general fund--state
appropriation for fiscal year 2011, $466,000 of the general fund--private/local appropriation, $182,000 of the general fund--federal
appropriation, and $725,000 of the education legacy trust account--state appropriation are provided solely for children's administration
to contract with an educational advocacy provider with expertise in
foster care educational outreach. Funding is provided solely for
contracted education coordinators to assist foster children in
succeeding in K-12 and higher education systems. Funding shall be
prioritized to regions with high numbers of foster care youth and/or
regions where backlogs of youth that have formerly requested
educational outreach services exist. The department shall utilize
private matching funds to maintain educational advocacy services.
(14) (($1,677,000)) $1,273,000 of the home security fund account--state appropriation is provided solely for HOPE beds.
(15) (($5,193,000)) $4,052,000 of the home security fund account--state appropriation is provided solely for the crisis residential
centers.
(16) The appropriations in this section reflect reductions in the
appropriations for the children's administration administrative
expenses. It is the intent of the legislature that these reductions
shall be achieved, to the greatest extent possible, by reducing those
administrative costs that do not affect direct client services or
direct service delivery or programs.
(17) Within the amounts appropriated in this section, the
department shall contract for a pilot project with family and community
networks in Whatcom county and up to four additional counties to
provide services. The pilot project shall be designed to provide a
continuum of services that reduce out-of-home placements and the
lengths of stay for children in out-of-home placement. The department
and the community networks shall collaboratively select the additional
counties for the pilot project and shall collaboratively design the
contract. Within the framework of the pilot project, the contract
shall seek to maximize federal funds. The pilot project in each county
shall include the creation of advisory and management teams which
include members from neighborhood-based family advisory committees,
residents, parents, youth, providers, and local and regional department
staff. The Whatcom county team shall facilitate the development of
outcome-based protocols and policies for the pilot project and develop
a structure to oversee, monitor, and evaluate the results of the pilot
projects. The department shall report the costs and savings of the
pilot project to the appropriate committees of the legislature by
November 1 of each year.
(18) $157,000 of the general fund--state appropriation for fiscal
year 2010 and $148,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the department to contract
with a nonprofit entity for a reunification pilot project in Whatcom
and Skagit counties. The contract for the reunification pilot project
shall include a rate of $46.16 per hour for evidence-based
interventions, in combination with supervised visits, to provide 3,564
hours of services to reduce the length of stay for children in the
child welfare system. The contract shall also include evidence-based
intensive parenting skills building services and family support case
management services for 38 families participating in the reunification
pilot project. The contract shall include the flexibility for the
nonprofit entity to subcontract with trained providers.
(19) $303,000 of the general fund--state appropriation for fiscal
year 2010, $392,000 of the general fund--state appropriation for fiscal
year 2011, and $241,000 of the general fund--federal appropriation are
provided solely to implement Engrossed Substitute House Bill No. 1961
(increasing adoptions act). If the bill is not enacted by June 30,
2009, the amounts provided in this subsection shall lapse.
(20) $98,000 of the general fund--state appropriation for fiscal
year 2010 and $92,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the department to contract
with an agency that is working in partnership with, and has been
evaluated by, the University of Washington school of social work to
implement promising practice constellation hub models of foster care
support.
(21) The legislature intends for the department to reduce the time
a child remains in the child welfare system. The department shall
establish a measurable goal and report progress toward meeting that
goal to the legislature by January 15 of each fiscal year of the 2009-11 fiscal biennium. To the extent that actual caseloads exceed those
assumed in this section, it is the intent of the legislature to address
those issues in a manner similar to all other caseload programs.
(22) $715,000 of the general fund--state appropriation for fiscal
year 2010 and $671,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for services provided through
children's advocacy centers.
(23) $10,000 of the general fund--state appropriation for fiscal
year 2011 and $3,000 of the general fund--federal appropriation are
provided solely for implementation of chapter 224, Laws of 2010
(confinement alternatives). If the bill is not enacted by June 30,
2010, the amounts provided in this subsection shall lapse.
(24) $1,867,000 of the general fund--state appropriation for fiscal
year 2010, $1,677,000 of the general fund--state appropriation for
fiscal year 2011, and $4,379,000 of the general fund--federal
appropriation are provided solely for the department to contract for
medicaid treatment child care (MTCC) services. Children's
administration case workers, local public health nurses and case
workers from the temporary assistance for needy families program shall
refer children to MTCC services, as long as the children meet the
eligibility requirements as outlined in the Washington state plan for
the MTCC services.
(25) The department shall contract for at least one pilot project
with adolescent services providers to deliver a continuum of short-term
crisis stabilization services. The pilot project shall include
adolescent services provided through secure crisis residential centers,
crisis residential centers, and hope beds. The department shall work
with adolescent service providers to maintain availability of
adolescent services and maintain the delivery of services in a
geographically representative manner. The department shall examine
current staffing requirements, flexible payment options, center-specific licensing waivers, and other appropriate methods to achieve
savings and streamline the delivery of services. The legislature
intends for the pilot project to provide flexibility to the department
to improve outcomes and to achieve more efficient utilization of
existing resources, while meeting the statutory goals of the adolescent
services programs. The department shall provide an update to the
appropriate legislative committees and governor on the status of the
pilot project implementation by December 1, 2010.
(26) To ensure expenditures remain within available funds
appropriated in this section as required by RCW 74.13A.005 and
74.13A.020, the secretary shall not set the amount of any adoption
assistance payment or payments, made pursuant to RCW 26.33.320 and
74.13A.005 through 74.13A.080, to more than ninety percent of the
foster care maintenance payment for that child had he or she remained
in a foster family home during the same period. This subsection does
not apply to adoption assistance agreements in existence on the
effective date of this section.
(27) Receipts from fees per chapter 289, Laws of 2010, as deposited
into the prostitution prevention and intervention account for services
provided to sexually exploited children as defined in RCW 13.32A.030 in
secure and semi-secure crisis residential centers with access to staff
trained to meet their specific needs shall be used to expand capacity
for secure crisis residential centers and not supplant existing
funding.
(28) The appropriations in this section reflect reductions to the
foster care maintenance payment rates during fiscal year 2011.
Sec. 202 2010 2nd sp.s. c 1 s 202 (uncodified) is amended to read
as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- JUVENILE
REHABILITATION PROGRAM
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $103,437,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($96,167,000))
$90,240,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,715,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,899,000
Washington Auto Theft Prevention Authority Account--
State Appropriation . . . . . . . . . . . . $3,896,000
Juvenile Accountability Incentive Account -- Federal
Appropriation . . . . . . . . . . . . $2,805,000
State Efficiency and Restructuring Account--State
Appropriation . . . . . . . . . . . . $4,958,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($214,877,000))
$208,950,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $353,000 of the general fund--state appropriation for fiscal
year 2010 and (($353,000)) $331,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for deposit in
the county criminal justice assistance account for costs to the
criminal justice system associated with the implementation of chapter
338, Laws of 1997 (juvenile code revisions). The amounts provided in
this subsection are intended to provide funding for county adult court
costs associated with the implementation of chapter 338, Laws of 1997
and shall be distributed in accordance with RCW 82.14.310.
(2) $3,408,000 of the general fund--state appropriation for fiscal
year 2010 and (($2,898,000)) $2,716,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for the
implementation of chapter 338, Laws of 1997 (juvenile code revisions).
The amounts provided in this subsection are intended to provide funding
for county impacts associated with the implementation of chapter 338,
Laws of 1997 and shall be distributed to counties as prescribed in the
current consolidated juvenile services (CJS) formula.
(3) $3,716,000 of the general fund--state appropriation for fiscal
year 2010 and (($3,716,000)) $3,482,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely to implement
community juvenile accountability grants pursuant to chapter 338, Laws
of 1997 (juvenile code revisions). Funds provided in this subsection
may be used solely for community juvenile accountability grants,
administration of the grants, and evaluations of programs funded by the
grants.
(4) $1,427,000 of the general fund--state appropriation for fiscal
year 2010 and (($1,206,000)) $1,130,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely to implement
alcohol and substance abuse treatment programs for locally committed
offenders. The juvenile rehabilitation administration shall award
these moneys on a competitive basis to counties that submitted a plan
for the provision of services approved by the division of alcohol and
substance abuse. The juvenile rehabilitation administration shall
develop criteria for evaluation of plans submitted and a timeline for
awarding funding and shall assist counties in creating and submitting
plans for evaluation.
(5) $3,066,000 of the general fund--state appropriation for fiscal
year 2010 and (($3,066,000)) $2,873,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for grants to
county juvenile courts for the following programs identified by the
Washington state institute for public policy (institute) in its October
2006 report: "Evidence-Based Public Policy Options to Reduce Future
Prison Construction, Criminal Justice Costs and Crime Rates":
Functional family therapy, multi-systemic therapy, aggression
replacement training and interagency coordination programs, or other
programs with a positive benefit-cost finding in the institute's
report. County juvenile courts shall apply to the juvenile
rehabilitation administration for funding for program-specific
participation and the administration shall provide grants to the courts
consistent with the per-participant treatment costs identified by the
institute.
(6) $1,287,000 of the general fund--state appropriation for fiscal
year 2010 and $1,287,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for expansion of the following
treatments and therapies in juvenile rehabilitation administration
programs identified by the Washington state institute for public policy
in its October 2006 report: "Evidence-Based Public Policy Options to
Reduce Future Prison Construction, Criminal Justice Costs and Crime
Rates": Multidimensional treatment foster care, family integrated
transitions, and aggression replacement training. The administration
may concentrate delivery of these treatments and therapies at a limited
number of programs to deliver the treatments in a cost-effective
manner.
(7)(a) For the fiscal year ending June 30, 2011, the juvenile
rehabilitation administration shall administer a block grant, rather
than categorical funding, of consolidated juvenile service funds,
community juvenile accountability act grants, the chemical dependency
disposition alternative funds, the mental health disposition
alternative, and the sentencing disposition alternative for the purpose
of serving youth adjudicated in the juvenile justice system. In making
the block grant, the juvenile rehabilitation administration shall
follow the following formula and will prioritize evidence-based
programs and disposition alternatives and take into account juvenile
courts program-eligible youth in conjunction with the number of youth
served in each approved evidence-based program or disposition
alternative: (i) Thirty-seven and one-half percent for the at-risk
population of youth ten to seventeen years old; (ii) fifteen percent
for moderate and high-risk youth; (iii) twenty-five percent for
evidence-based program participation; (iv) seventeen and one-half
percent for minority populations; (v) three percent for the chemical
dependency disposition alternative; and (vi) two percent for the mental
health and sentencing dispositional alternatives. Funding for the
special sex offender disposition alternative (SSODA) shall not be
included in the block grant, but allocated on the average daily
population in juvenile courts. Funding for the evidence-based
expansion grants shall be excluded from the block grant formula. Funds
may be used for promising practices when approved by the juvenile
rehabilitation administration and juvenile courts, through the
community juvenile accountability act committee, based on the criteria
established in consultation with Washington state institute for public
policy and the juvenile courts.
(b) It is the intent of the legislature that the juvenile
rehabilitation administration phase the implementation of the formula
provided in subsection (1) of this section by including a stop-loss
formula of three percent in fiscal year 2011, five percent in fiscal
year 2012, and five percent in fiscal year 2013. It is further the
intent of the legislature that the evidence-based expansion grants be
incorporated into the block grant formula by fiscal year 2013 and SSODA
remain separate unless changes would result in increasing the cost
benefit savings to the state as identified in (c) of this subsection.
(c) The juvenile rehabilitation administration and the juvenile
courts shall establish a block grant funding formula oversight
committee with equal representation from the juvenile rehabilitation
administration and the juvenile courts. The purpose of this committee
is to assess the ongoing implementation of the block grant funding
formula, utilizing data-driven decision making and the most current
available information. The committee will be cochaired by the juvenile
rehabilitation administration and the juvenile courts, who will also
have the ability to change members of the committee as needed to
achieve its purpose. Initial members will include one juvenile court
representative from the finance committee, the community juvenile
accountability act committee, the risk assessment quality assurance
committee, the executive board of the Washington association of
juvenile court administrators, the Washington state center for court
research, and a representative of the superior court judges
association; two representatives from the juvenile rehabilitation
administration headquarters program oversight staff, two
representatives of the juvenile rehabilitation administration regional
office staff, one representative of the juvenile rehabilitation
administration fiscal staff and a juvenile rehabilitation
administration division director. The committee may make changes to
the formula categories other than the evidence-based program and
disposition alternative categories if it is determined the changes will
increase statewide service delivery or effectiveness of evidence-based
program or disposition alternative resulting in increased cost benefit
savings to the state. Long-term cost benefit must be considered.
Percentage changes may occur in the evidence-based program or
disposition alternative categories of the formula should it be
determined the changes will increase evidence-based program or
disposition alternative delivery and increase the cost benefit to the
state. These outcomes will also be considered in determining when
evidence-based expansion or special sex offender disposition
alternative funds should be included in the block grant or left
separate.
(d) The juvenile courts and administrative office of the courts
shall be responsible for collecting and distributing information and
providing access to the data systems to the juvenile rehabilitation
administration and the Washington state institute for public policy
related to program and outcome data. The juvenile rehabilitation
administration and the juvenile courts will work collaboratively to
develop program outcomes that reinforce the greatest cost benefit to
the state in the implementation of evidence-based practices and
disposition alternatives.
(e) By December 1, 2010, the Washington state institute for public
policy shall report to the office of financial management and
appropriate committees of the legislature on the administration of the
block grant authorized in this subsection. The report shall include
the criteria used for allocating the funding as a block grant and the
participation targets and actual participation in the programs subject
to the block grant.
(8) $3,700,000 of the Washington auto theft prevention authority
account--state appropriation is provided solely for competitive grants
to community-based organizations to provide at-risk youth intervention
services, including but not limited to, case management, employment
services, educational services, and street outreach intervention
programs. Projects funded should focus on preventing, intervening, and
suppressing behavioral problems and violence while linking at-risk
youth to pro-social activities. The department may not expend more
than $1,850,000 per fiscal year. The costs of administration must not
exceed four percent of appropriated funding for each grant recipient.
Each entity receiving funds must report to the juvenile rehabilitation
administration on the number and types of youth served, the services
provided, and the impact of those services upon the youth and the
community.
(9) The appropriations in this section assume savings associated
with the transfer of youthful offenders age eighteen or older whose
sentences extend beyond age twenty-one to the department of corrections
to complete their sentences. Prior to transferring an offender to the
department of corrections, the juvenile rehabilitation administration
shall evaluate the offender to determine the offender's physical and
emotional suitability for transfer.
Sec. 203 2010 2nd sp.s. c 1 s 203 (uncodified) is amended to read
as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- MENTAL HEALTH
PROGRAM
(1) COMMUNITY SERVICES/REGIONAL SUPPORT NETWORKS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $273,648,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($278,530,000))
$264,186,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $519,456,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($16,674,000))
$16,951,000
Hospital Safety Net Assessment Fund--State
Appropriation . . . . . . . . . . . . $3,476,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,091,784,000))
$1,077,717,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) $113,689,000 of the general fund--state appropriation for
fiscal year 2010 and (($113,689,000)) $101,089,000 of the general
fund--state appropriation for fiscal year 2011 are provided solely for
persons and services not covered by the medicaid program. This is a
reduction of $11,606,000 each fiscal year from the nonmedicaid funding
that was allocated for expenditure by regional support networks during
fiscal year 2009 prior to supplemental budget reductions. This
$11,606,000 reduction shall be distributed among regional support
networks proportional to each network's share of the total state
population. To the extent possible, levels of regional support network
spending shall be maintained in the following priority order: (i)
Crisis and commitment services; (ii) community inpatient services; and
(iii) residential care services, including personal care and emergency
housing assistance.
(b) $10,400,000 of the general fund--state appropriation for fiscal
year 2010, (($9,100,000)) $8,814,000 of the general fund--state
appropriation for fiscal year 2011, and $1,300,000 of the general
fund--federal appropriation are provided solely for the department and
regional support networks to contract for implementation of high-intensity program for active community treatment (PACT) teams. The
department shall work with regional support networks and the center for
medicare and medicaid services to integrate eligible components of the
PACT service delivery model into medicaid capitation rates no later
than January 2011, while maintaining consistency with all essential
elements of the PACT evidence-based practice model.
(c) $6,500,000 of the general fund--state appropriation for fiscal
year 2010 and (($6,500,000)) $6,091,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for the western
Washington regional support networks to provide either community- or
hospital campus-based services for persons who require the level of
care provided by the program for adaptive living skills (PALS) at
western state hospital.
(d) The number of nonforensic beds allocated for use by regional
support networks at eastern state hospital shall be 192 per day. The
number of nonforensic beds allocated for use by regional support
networks at western state hospital shall be 617 per day during the
first quarter of fiscal year 2010, ((and)) 587 per day through the
second quarter of fiscal year 2011, and 557 per day thereafter. Beds
in the program for adaptive living skills (PALS) are not included in
the preceding bed allocations. The department shall separately charge
regional support networks for persons served in the PALS program.
(e) From the general fund--state appropriations in this subsection,
the secretary of social and health services shall assure that regional
support networks reimburse the aging and disability services
administration for the general fund--state cost of medicaid personal
care services that enrolled regional support network consumers use
because of their psychiatric disability.
(f) $4,582,000 of the general fund--state appropriation for fiscal
year 2010 and $4,582,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for mental health services for
mentally ill offenders while confined in a county or city jail and for
facilitating access to programs that offer mental health services upon
release from confinement.
(g) The department is authorized to continue to contract directly,
rather than through contracts with regional support networks, for
children's long-term inpatient facility services.
(h) $750,000 of the general fund--state appropriation for fiscal
year 2010 and (($750,000)) $703,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely to continue
performance-based incentive contracts to provide appropriate community
support services for individuals with severe mental illness who were
discharged from the state hospitals as part of the expanding community
services initiative. These funds will be used to enhance community
residential and support services provided by regional support networks
through other state and federal funding.
(i) $1,500,000 of the general fund--state appropriation for fiscal
year 2010 and (($1,500,000)) $1,125,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for the Spokane
regional support network to implement services to reduce utilization
and the census at eastern state hospital. Such services shall include:
(i) High intensity treatment team for persons who are high
utilizers of psychiatric inpatient services, including those with co-occurring disorders and other special needs;
(ii) Crisis outreach and diversion services to stabilize in the
community individuals in crisis who are at risk of requiring inpatient
care or jail services;
(iii) Mental health services provided in nursing facilities to
individuals with dementia, and consultation to facility staff treating
those individuals; and
(iv) Services at the sixteen-bed evaluation and treatment facility.
At least annually, the Spokane regional support network shall
assess the effectiveness of these services in reducing utilization at
eastern state hospital, identify services that are not optimally
effective, and modify those services to improve their effectiveness.
(j) The department shall return to the Spokane regional support
network fifty percent of the amounts assessed against the network
during the last six months of calendar year 2009 for state hospital
utilization in excess of its contractual limit. The regional support
network shall use these funds for operation during its initial months
of a new sixteen-bed evaluation and treatment facility that will enable
the network to reduce its use of the state hospital, and for diversion
and community support services for persons with dementia who would
likely otherwise require care at the state hospital.
(k) The department is directed to identify and implement program
efficiencies and benefit changes in its delivery of medicaid managed-care services that are sufficient to operate within the state and
federal appropriations in this section. Such actions may include but
are not limited to methods such as adjusting the care access standards;
improved utilization management of ongoing, recurring, and high-intensity services; and increased uniformity in provider payment rates.
The department shall ensure that the capitation rate adjustments
necessary to accomplish these efficiencies and changes are distributed
uniformly and equitably across all regional support networks statewide.
The department is directed to report to the relevant legislative fiscal
and policy committees at least thirty days prior to implementing rate
adjustments reflecting these changes.
(l) In developing the new medicaid managed care rates under which
the public mental health managed care system will operate during the
five years beginning in fiscal year 2011, the department should seek to
estimate the reasonable and necessary cost of efficiently and
effectively providing a comparable set of medically necessary mental
health benefits to persons of different acuity levels regardless of
where in the state they live. Actual prior period spending in a
regional administrative area shall not be a key determinant of future
payment rates. The department shall report to the office of financial
management and to the relevant fiscal and policy committees of the
legislature on its proposed new waiver and mental health managed care
rate-setting approach by October 1, 2009, and again at least sixty days
prior to implementation of new capitation rates.
(m) In implementing the new public mental health managed care
payment rates for fiscal year 2011, the department shall to the maximum
extent possible within each regional support network's allowable rate
range establish rates so that there is no increase or decrease in the
total state and federal funding that the regional support network would
receive if it were to continue to be paid at its October 2009 through
June 2010 rates. The department shall additionally revise the draft
rates issued January 28, 2010, to more accurately reflect the lower
practitioner productivity inherent in the delivery of services in
extremely rural regions in which a majority of the population reside in
frontier counties, as defined and designated by the national center for
frontier communities.
(n) $1,529,000 of the general fund--state appropriation for fiscal
year 2010 and $1,529,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to reimburse Pierce and Spokane
counties for the cost of conducting 180-day commitment hearings at the
state psychiatric hospitals.
(o) The legislature intends and expects that regional support
networks and contracted community mental health agencies shall make all
possible efforts to, at a minimum, maintain current compensation levels
of direct care staff. Such efforts shall include, but not be limited
to, identifying local funding that can preserve client services and
staff compensation, achieving administrative reductions at the regional
support network level, and engaging stakeholders on cost-savings ideas
that maintain client services and staff compensation. For purposes of
this section, "direct care staff" means persons employed by community
mental health agencies whose primary responsibility is providing direct
treatment and support to people with mental illness, or whose primary
responsibility is providing direct support to such staff in areas such
as client scheduling, client intake, client reception, client records-keeping, and facilities maintenance.
(p) Regional support networks may use local funds to earn
additional federal medicaid match, provided the locally matched rate
does not exceed the upper-bound of their federally allowable rate
range, and provided that the enhanced funding is used only to provide
medicaid state plan or waiver services to medicaid clients.
Additionally, regional support networks may use a portion of the state
funds allocated in accordance with (a) of this subsection to earn
additional medicaid match, but only to the extent that the application
of such funds to medicaid services does not diminish the level of
crisis and commitment, community inpatient, residential care, and
outpatient services presently available to persons not eligible for
medicaid.
(2) INSTITUTIONAL SERVICES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $119,423,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($118,010,000))
$112,514,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($153,425,000))
$152,195,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($64,614,000))
$63,873,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($455,472,000))
$448,005,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) The state psychiatric hospitals may use funds appropriated in
this subsection to purchase goods and supplies through hospital group
purchasing organizations when it is cost-effective to do so.
(b) $231,000 of the general fund--state appropriation for fiscal
year 2008 and (($231,000)) $216,000 of the general fund--state
appropriation for fiscal year 2009 are provided solely for a community
partnership between western state hospital and the city of Lakewood to
support community policing efforts in the Lakewood community
surrounding western state hospital. The amounts provided in this
subsection (2)(b) are for the salaries, benefits, supplies, and
equipment for one full-time investigator, one full-time police officer,
and one full-time community service officer at the city of Lakewood.
(c) $45,000 of the general fund--state appropriation for fiscal
year 2010 and (($45,000)) $42,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for payment to
the city of Lakewood for police services provided by the city at
western state hospital and adjacent areas.
(d) (($200,000)) $187,000 of the general fund--state appropriation
for fiscal year 2011 is provided solely for support of the psychiatric
security review panel established pursuant to Senate Bill No. 6610. If
Senate Bill No. 6610 is not enacted by June 30, 2010, the amount
provided in this subsection shall lapse.
(3) SPECIAL PROJECTS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,819,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($2,092,000))
$1,961,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,142,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($6,053,000))
$5,922,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) $1,511,000 of the general fund--state appropriation for fiscal
year 2010 and (($1,511,000)) $1,416,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for children's
evidence based mental health services. Funding is sufficient to
continue serving children at the same levels as fiscal year 2009.
(b) (($100,000)) $94,000 of the general fund--state appropriation
for fiscal year 2011 is provided solely for consultation, training, and
technical assistance to regional support networks on strategies for
effective service delivery in very sparsely populated counties.
(c) (($60,000)) $56,000 of the general fund--state appropriation
for fiscal year 2011 is provided solely for the department to contract
with the Washington state institute for public policy for completion of
the research reviews to be conducted in accordance with chapter 263,
Laws of 2010.
(d) (($60,000)) $56,000 of the general fund--state appropriation
for fiscal year 2011 is provided solely for the department to contract
with the Washington state institute for public policy for completion of
the research reviews to be conducted in accordance with section 1,
chapter 280, Laws of 2010.
(e) (($60,000)) $56,000 of the general fund--state appropriation
for fiscal year 2011 is provided solely for implementation of sections
2 and 3, chapter 280, Laws of 2010. The department shall use these
funds to contract with the Washington state institute for public policy
for completion of an assessment of (i) the extent to which the number
of persons involuntarily committed for 3, 14, and 90 days is likely to
increase as a result of the revised commitment standards; (ii) the
availability of community treatment capacity to accommodate that
increase; (iii) strategies for cost-effectively leveraging state,
local, and private resources to increase community involuntary
treatment capacity; and (iv) the extent to which increases in
involuntary commitments are likely to be offset by reduced utilization
of correctional facilities, publicly-funded medical care, and state
psychiatric hospitalizations.
(4) PROGRAM SUPPORT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $4,078,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($3,958,000))
$3,722,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $7,207,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($15,243,000))
$15,007,000
The department is authorized and encouraged to continue its
contract with the Washington state institute for public policy to
provide a longitudinal analysis of long-term mental health outcomes as
directed in chapter 334, Laws of 2001 (mental health performance
audit); to build upon the evaluation of the impacts of chapter 214,
Laws of 1999 (mentally ill offenders); and to assess program outcomes
and cost effectiveness of the children's mental health pilot projects
as required by chapter 372, Laws of 2006.
Sec. 204 2010 2nd sp.s. c 1 s 204 (uncodified) is amended to read
as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- DEVELOPMENTAL
DISABILITIES PROGRAM
(1) COMMUNITY SERVICES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $307,348,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($337,658,000))
$321,777,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($902,043,000))
$890,336,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,547,049,000))
$1,519,461,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) Individuals receiving services as supplemental security income
(SSI) state supplemental payments shall not become eligible for medical
assistance under RCW 74.09.510 due solely to the receipt of SSI state
supplemental payments.
(b)(i) Amounts appropriated in this section reflect a reduction to
funds appropriated for in-home care. The department shall reduce the
number of in-home hours authorized. The reduction shall be scaled
based on the acuity level of care recipients. The largest hour
reductions shall be to lower acuity patients and the smallest hour
reductions shall be to higher acuity patients. In doing so, the
department shall comply with all maintenance of effort requirements
contained in the American reinvestment and recovery act.
(ii) $508,000 of the general fund--state appropriation for fiscal
year 2011 and $822,000 of the general fund--federal appropriation are
provided solely for the department to partially restore the reductions
to in-home care that are taken in (b)(i) of this subsection. The
department will use the same formula to restore personal care hours
that it used to reduce personal care hours.
(c) Amounts appropriated in this section are sufficient to develop
and implement the use of a consistent, statewide outcome-based vendor
contract for employment and day services by April 1, 2011. The rates
paid to vendors under this contract shall also be made consistent. In
its description of activities the agency shall include activity
listings and dollars appropriated for: Employment services, day
services, child development services and county administration of
services to the developmentally disabled. The department shall begin
reporting to the office of financial management on these activities
beginning in fiscal year 2010.
(d) $302,000 of the general fund--state appropriation for fiscal
year 2010, $831,000 of the general fund--state appropriation for fiscal
year 2011, and $1,592,000 of the general fund--federal appropriation
are provided solely for health care benefits pursuant to a collective
bargaining agreement negotiated with the exclusive bargaining
representative of individual providers established under RCW
74.39A.270.
(e)(i) $682,000 of the general fund--state appropriation for fiscal
year 2010, $1,651,000 of the general fund--state appropriation for
fiscal year 2011, and $1,678,000 of the general fund--federal
appropriation are provided solely for the state's contribution to the
training partnership, as provided in RCW 74.39A.360, pursuant to a
collective bargaining agreement negotiated with the exclusive
bargaining representative of individual providers established under RCW
74.39A.270.
(ii) The federal portion of the amounts in this subsection (g) is
contingent upon federal approval of participation in contributions to
the trust and shall remain unallotted and placed in reserve status
until the office of financial management and the department of social
and health services receive federal approval.
(iii) Expenditures for the purposes specified in this subsection
(g) shall not exceed the amounts provided in this subsection.
(f) Within the amounts appropriated in this subsection (1), the
department shall implement all necessary rules to facilitate the
transfer to a department home and community-based services (HCBS)
waiver of all eligible individuals who (i) currently receive services
under the existing state-only employment and day program or the
existing state-only residential program, and (ii) otherwise meet the
waiver eligibility requirements. The amounts appropriated are
sufficient to ensure that all individuals currently receiving services
under the state-only employment and day and state-only residential
programs who are not transferred to a department HCBS waiver will
continue to receive services.
(g) In addition to other reductions, the appropriations in this
subsection reflect reductions targeted specifically to state government
administrative costs. These administrative reductions shall be
achieved, to the greatest extent possible, by reducing those
administrative costs that do not affect direct client services or
direct service delivery or programs.
(h) The department shall not pay a home care agency licensed under
chapter 70.127 RCW for personal care services provided by a family
member, pursuant to Substitute House Bill No. 2361 (modifying state
payments for in-home care).
(i) Within the appropriations of this section, the department shall
reduce all seventeen payment levels of the seventeen-level payment
system from the fiscal year 2009 levels for boarding homes, boarding
homes contracted as assisted living, and adult family homes. Excluded
from the reductions are exceptional care rate add-ons. The long-term
care program may develop add-ons to pay exceptional care rates to adult
family homes and boarding homes with specialty contracts to provide
support for the following specifically eligible clients:
(i) Persons with AIDS or HIV-related diseases who might otherwise
require nursing home or hospital care;
(ii) Persons with Alzheimer's disease and related dementia who
might otherwise require nursing home care; and
(iii) Persons with co-occurring mental illness and long-term care
needs who are eligible for expanded community services and who might
otherwise require state and local psychiatric hospital care.
Within amounts appropriated, exceptional add-on rates for AIDS/HIV,
dementia specialty care, and expanded community services may be
standardized within each program.
(j) The amounts appropriated in this subsection reflect a reduction
in funds available for employment and day services. In administering
this reduction the department shall negotiate with counties and their
vendors so that this reduction, to the greatest extent possible, is
achieved by reducing vendor rates and allowable contract administrative
charges (overhead) and not through reductions to direct client services
or direct service delivery or programs.
(k) As part of the needs assessment instrument, the department may
collect data on family income for minor children with developmental
disabilities and all individuals who are receiving state-only funded
services. The department may ensure that this information is collected
as part of the client assessment process.
(l) $116,000 of the general fund--state appropriation for fiscal
year 2010, (($2,689,000)) $2,133,000 of the general fund--state
appropriation for fiscal year 2011, and $1,772,000 of the general
fund--federal appropriation are provided solely for employment services
and required waiver services. Priority consideration for this new
funding shall be young adults with developmental disabilities living
with their family who need employment opportunities and assistance
after high school graduation. Services shall be provided for both
waiver and nonwaiver clients. ((Fifty percent of the general fund
appropriation shall be utilized for graduates served on a home and
community-based services waiver and fifty percent of the general fund
appropriation shall be used for nonwaiver clients.))
(m) $81,000 of the general fund--state appropriation for fiscal
year 2010, $599,000 of the general fund--state appropriation for fiscal
year 2011, and $1,111,000 of the general fund--federal appropriation
are provided solely for the department to provide employment and day
services for eligible students who are currently on a waiver and will
graduate from high school during fiscal years 2010 and 2011.
(n) The automatic award of additional hours of personal care for
people with special meal preparation or incontinence needs is
eliminated. Authorization of service hours will be based upon the
individual's assessed needs.
(o) $207,000 of the general fund--state appropriation for fiscal
year 2011 and $301,000 of the general fund--federal appropriation are
provided solely to resume enrollments beginning February 1, 2011, into
the children's intensive in-home behavior supports placements.
(p) $75,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the restoration of direct support to
local organizations that utilize parent-to-parent networks and
communication to promote access and quality of care for individuals
with developmental disabilities and their families.
(2) INSTITUTIONAL SERVICES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $61,422,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($64,404,000))
$62,551,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($207,986,000))
$205,440,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($22,441,000))
$22,357,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($356,253,000))
$351,770,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) Individuals receiving services as supplemental security income
(SSI) state supplemental payments shall not become eligible for medical
assistance under RCW 74.09.510 due solely to the receipt of SSI state
supplemental payments.
(b) The developmental disabilities program is authorized to use
funds appropriated in this subsection to purchase goods and supplies
through direct contracting with vendors when the program determines it
is cost-effective to do so.
(c) $721,000 of the general fund--state appropriation for fiscal
year 2010 and $721,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the department to fulfill its
contracts with the school districts under chapter 28A.190 RCW to
provide transportation, building space, and other support services as
are reasonably necessary to support the educational programs of
students living in residential habilitation centers.
(d) In addition to other reductions, the appropriations in this
subsection reflect reductions targeted specifically to state government
administrative costs. These administrative reductions shall be
achieved, to the greatest extent possible, by reducing those
administrative costs that do not affect direct client services or
direct service delivery or programs.
(3) PROGRAM SUPPORT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,407,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,369,000))
$1,341,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,301,000))
$1,263,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,077,000))
$4,011,000
The appropriations in this subsection are subject to the following
conditions and limitations: In addition to other reductions, the
appropriations in this subsection reflect reductions targeted
specifically to state government administrative costs. These
administrative reductions shall be achieved, to the greatest extent
possible, by reducing those administrative costs that do not affect
direct client services or direct service delivery or programs.
(4) SPECIAL PROJECTS
General Fund -- Federal Appropriation . . . . . . . . . . . . (($9,631,000))
$10,171,000
The appropriations in this subsection are subject to the following
conditions and limitations: The appropriations in this subsection are
available solely for the infant toddler early intervention program and
the money follows the person program as defined by this federal grant.
Sec. 205 2010 2nd sp.s. c 1 s 205 (uncodified) is amended to read
as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- AGING AND ADULT
SERVICES PROGRAM
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $616,837,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($639,163,000))
$605,422,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,954,300,000))
$1,916,555,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $18,013,000
Traumatic Brain Injury Account -- State Appropriation . . . . . . . . . . . . $4,136,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,232,449,000))
$3,160,963,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) For purposes of implementing chapter 74.46 RCW, the weighted
average nursing facility payment rate shall not exceed $169.85 for
fiscal year 2010 and shall not exceed (($166.24)) $161.86 for fiscal
year 2011, including the rate add-on described in subsection (12) of
this section. There will be no adjustments for economic trends and
conditions in fiscal years 2010 and 2011. The economic trends and
conditions factor or factors defined in the biennial appropriations act
shall not be compounded with the economic trends and conditions factor
or factors defined in any other biennial appropriations acts before
applying it to the component rate allocations established in accordance
with chapter 74.46 RCW. When no economic trends and conditions factor
for either fiscal year is defined in a biennial appropriations act, no
economic trends and conditions factor or factors defined in any earlier
biennial appropriations act shall be applied solely or compounded to
the component rate allocations established in accordance with chapter
74.46 RCW.
(2) After examining actual nursing facility cost information, the
legislature finds that the medicaid nursing facility rates calculated
pursuant to Substitute House Bill No. 3202 or Substitute Senate Bill
No. 6872 (nursing facility medicaid payments) provide sufficient
reimbursement to efficient and economically operating nursing
facilities and bears a reasonable relationship to costs.
(3) In accordance with chapter 74.46 RCW, the department shall
issue no additional certificates of capital authorization for fiscal
year 2010 and no new certificates of capital authorization for fiscal
year 2011 and shall grant no rate add-ons to payment rates for capital
improvements not requiring a certificate of need and a certificate of
capital authorization for fiscal year 2011.
(4) The long-term care program may develop and pay enhanced rates
for exceptional care to nursing homes for persons with traumatic brain
injuries who are transitioning from hospital care. The cost per
patient day for caring for these clients in a nursing home setting may
be equal to or less than the cost of caring for these clients in a
hospital setting.
(5) Within the appropriations of this section, the department shall
reduce all seventeen payment levels of the seventeen-level payment
system from the fiscal year 2009 levels for boarding homes, boarding
homes contracted as assisted living, and adult family homes. Excluded
from the reductions are exceptional care rate add-ons. The long-term
care program may develop add-ons to pay exceptional care rates to adult
family homes and boarding homes with specialty contracts to provide
support for the following specifically eligible clients:
(a) Persons with AIDS or HIV-related diseases who might otherwise
require nursing home or hospital care;
(b) Persons with Alzheimer's disease and related dementia who might
otherwise require nursing home care; and
(c) Persons with co-occurring mental illness and long-term care
needs who are eligible for expanded community services and who might
otherwise require state and local psychiatric hospital care.
Within amounts appropriated, exceptional add-on rates for AIDS/HIV,
dementia specialty care, and expanded community services may be
standardized within each program.
(6)(a) Amounts appropriated in this section reflect a reduction to
funds appropriated for in-home care. The department shall reduce the
number of in-home hours authorized. The reduction shall be scaled
based on the acuity level of care recipients. The largest hour
reductions shall be to lower acuity patients and the smallest hour
reductions shall be to higher acuity patients. In doing so, the
department shall comply with all maintenance of effort requirements
contained in the American reinvestment and recovery act.
(b) $3,070,000 of the general fund--state appropriation for fiscal
year 2011 and $4,980,000 of the general fund--federal appropriation are
provided solely for the department to partially restore the reduction
to in-home care that are taken in (a) of this subsection. The
department will use the same formula to restore personal care hours
that it used to reduce personal care hours.
(7) $536,000 of the general fund--state appropriation for fiscal
year 2010, $1,477,000 of the general fund--state appropriation for
fiscal year 2011, and $2,830,000 of the general fund--federal
appropriation are provided solely for health care benefits pursuant to
a collective bargaining agreement negotiated with the exclusive
bargaining representative of individual providers established under RCW
74.39A.270.
(8)(a) $1,212,000 of the general fund--state appropriation for
fiscal year 2010, $2,934,000 of the general fund--state appropriation
for fiscal year 2011, and $2,982,000 of the general fund--federal
appropriation are provided solely for the state's contribution to the
training partnership, as provided in RCW 74.39A.360, pursuant to a
collective bargaining agreement negotiated with the exclusive
bargaining representative of individual providers established under RCW
74.39A.270.
(b) $330,000 of the general fund--state appropriation for fiscal
year 2010, $660,000 of the general fund-state appropriation for fiscal
year 2011, and $810,000 of the general fund--federal appropriation are
provided solely for transfer from the department to the training
partnership, as provided in RCW 74.39A.360, for infrastructure and
instructional costs associated with training of individual providers,
pursuant to a collective bargaining agreement negotiated with the
exclusive bargaining representative of individual providers established
under RCW 74.39A.270.
(c) The federal portion of the amounts in this subsection is
contingent upon federal approval of participation in contributions to
the trust and shall remain unallotted and placed in reserve status
until the office of financial management and the department of social
and health services receive federal approval.
(d) Expenditures for the purposes specified in this subsection
shall not exceed the amounts provided in this subsection.
(9) Within the amounts appropriated in this section, the department
may expand the new freedom waiver program to accommodate new waiver
recipients throughout the state. As possible, and in compliance with
current state and federal laws, the department shall allow current
waiver recipients to transfer to the new freedom waiver.
(10) Individuals receiving services as supplemental security income
(SSI) state supplemental payments shall not become eligible for medical
assistance under RCW 74.09.510 due solely to the receipt of SSI state
supplemental payments.
(11) $3,955,000 of the general fund--state appropriation for fiscal
year 2010, (($4,239,000)) $3,972,000 of the general fund--state
appropriation for fiscal year 2011, and $10,190,000 of the general
fund--federal appropriation are provided solely for the continued
operation of community residential and support services for persons who
are older adults or who have co-occurring medical and behavioral
disorders and who have been discharged or diverted from a state
psychiatric hospital. These funds shall be used to serve individuals
whose treatment needs constitute substantial barriers to community
placement, who no longer require active psychiatric treatment at an
inpatient hospital level of care, and who no longer meet the criteria
for inpatient involuntary commitment. Coordination of these services
will be done in partnership between the mental health program and the
aging and disability services administration.
(12) Within the funds provided, the department shall continue to
provide an add-on per medicaid resident day per facility not to exceed
$1.57. The add-on shall be used to increase wages, benefits, and/or
staffing levels for certified nurse aides; or to increase wages and/or
benefits for dietary aides, housekeepers, laundry aides, or any other
category of worker whose statewide average dollars-per-hour wage was
less than $15 in calendar year 2008, according to cost report data.
The add-on may also be used to address resulting wage compression for
related job classes immediately affected by wage increases to low-wage
workers. The department shall continue reporting requirements and a
settlement process to ensure that the funds are spent according to this
subsection. The department shall adopt rules to implement the terms of
this subsection.
(13) $1,840,000 of the general fund--state appropriation for fiscal
year 2010 and (($1,877,000)) $1,759,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for operation of
the volunteer services program. Funding shall be prioritized towards
serving populations traditionally served by long-term care services to
include senior citizens and persons with disabilities.
(14) In accordance with chapter 74.39 RCW, the department may
implement two medicaid waiver programs for persons who do not qualify
for such services as categorically needy, subject to federal approval
and the following conditions and limitations:
(a) One waiver program shall include coverage of care in community
residential facilities. Enrollment in the waiver shall not exceed 600
persons at any time.
(b) The second waiver program shall include coverage of in-home
care. Enrollment in this second waiver shall not exceed 200 persons at
any time.
(c) The department shall identify the number of medically needy
nursing home residents, and enrollment and expenditures on each of the
two medically needy waivers, on monthly management reports.
(d) If it is necessary to establish a waiting list for either
waiver because the budgeted number of enrollment opportunities has been
reached, the department shall track how the long-term care needs of
applicants assigned to the waiting list are met.
(15) 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.
(16) The department shall contract for housing with service models,
such as cluster care, to create efficiencies in service delivery and
responsiveness to unscheduled personal care needs by clustering hours
for clients that live in close proximity to each other.
(17) The department shall not pay a home care agency licensed under
chapter 70.127 RCW for personal care services provided by a family
member, pursuant to Substitute House Bill No. 2361 (modifying state
payments for in-home care).
(18) $209,000 of the general fund--state appropriation for fiscal
year 2010, (($781,000)) $732,000 of the general fund--state
appropriation for fiscal year 2011, and $1,293,000 of the general
fund--federal appropriation are provided solely to implement Engrossed
House Bill No. 2194 (extraordinary medical placement for offenders).
The department shall work in partnership with the department of
corrections to identify services and find placements for offenders who
are released through the extraordinary medical placement program. The
department shall collaborate with the department of corrections to
identify and track cost savings to the department of corrections,
including medical cost savings and to identify and track expenditures
incurred by the aging and disability services program for community
services and by the medical assistance program for medical expenses.
A joint report regarding the identified savings and expenditures shall
be provided to the office of financial management and the appropriate
fiscal committees of the legislature by November 30, 2010. If this
bill is not enacted by June 30, 2009, the amounts provided in this
subsection shall lapse.
(19) In accordance with RCW 18.51.050, 18.20.050, and 43.135.055,
the department is authorized to increase nursing facility and boarding
home fees in fiscal year 2011 as necessary to meet the actual costs of
conducting the licensure, inspection, and regulatory programs.
(a) $1,035,000 of the general fund--private/local appropriation
assumes that the current annual renewal license fee for nursing
facilities shall be increased to $327 per bed beginning in fiscal year
2011.
(b) $1,806,000 of the general fund--local appropriation assumes
that the current annual renewal license fee for boarding homes shall be
increased to $106 per bed beginning in fiscal year 2011.
(20) $2,566,000 of the traumatic brain injury account--state
appropriation is provided solely to continue services for persons with
traumatic brain injury (TBI) as defined in RCW 74.31.020 through
74.31.050. The TBI advisory council shall provide a report to the
legislature by December 1, 2010, on the effectiveness of the functions
overseen by the council and shall provide recommendations on the
development of critical services for individuals with traumatic brain
injury.
(21) The automatic award of additional hours of personal care for
people with special meal preparation or incontinence needs is
eliminated. Authorization of service hours will be based upon the
individual's assessed needs.
(22) For calendar year 2009, the department shall calculate split
settlements covering two periods January 1, 2009, through June 30,
2009, and July 1, 2009, through December 31, 2009. For the second
period beginning July 1, 2009, the department may partially or totally
waive settlements only in specific cases where a nursing home can
demonstrate significant decreases in costs from the first period.
(23) $72,000 of the traumatic brain injury account appropriation
and $116,000 of the general fund--federal appropriation are provided
solely for a direct care rate add-on to any nursing facility
specializing in the care of residents with traumatic brain injuries
where more than 50 percent of residents are classified with this
condition based upon the federal minimum data set assessment.
(24) (($69,000 of the general fund--state appropriation for fiscal
year 2010, $1,289,000 of the general fund--state appropriation for
fiscal year 2011, and $2,050,000 of the general fund--federal
appropriation are provided solely for the department to maintain
enrollment in the adult day health services program. New enrollments
are authorized for up to 1,575 clients or to the extent that
appropriated funds are available to cover additional clients.)) The
department shall eliminate the adult day health program under the state
plan 1915(i) option and reestablish it under the long-term care
community options program entry system (COPES) 1915(c) waiver.
(25) (($1,000,000)) $937,000 of the general fund--state
appropriation for fiscal year 2011 is provided solely for the
department to contract for the provision of an individual provider
referral registry.
(26) (($100,000)) $94,000 of the general fund--state appropriation
for fiscal year 2011 and $100,000 of the general fund--federal
appropriation are provided solely for the department to contract with
a consultant to evaluate and make recommendations on a pay-for-performance payment subsidy system. The department shall organize one
workgroup meeting with the consultant where nursing home stakeholders
may provide input on pay-for-performance ideas. The consultant shall
review pay-for-performance strategies used in other states to sustain
and enhance quality-improvement efforts in nursing facilities. The
evaluation shall include a review of the centers for medicare and
medicaid services demonstration project to explore the feasibility of
pay-for-performance systems in medicare certified nursing facilities.
The consultant shall develop a report to include:
(a) Best practices used in other states for pay-for-performance
strategies incorporated into medicaid nursing home payment systems;
(b) The relevance of existing research to Washington state;
(c) A summary and review of suggestions for pay-for-performance
strategies provided by nursing home stakeholders in Washington state;
and
(d) An evaluation of the effectiveness of a variety of performance
measures.
(27) $4,100,000 of the general fund--state appropriation for fiscal
year 2010, $4,174,000 of the general fund--state appropriation for
fiscal year 2011, and $8,124,000 of the general fund--federal
appropriation are provided for the operation of the management services
division of the aging and disability services administration. This
includes but is not limited to the budget, contracts, accounting,
decision support, information technology, and rate development
activities for programs administered by the aging and disability
services administration. Nothing in this subsection is intended to
exempt the management services division of the aging and disability
services administration from reductions directed by the secretary.
However, funds provided in this subsection shall not be transferred
elsewhere within the department nor used for any other purpose.
(28) The department is authorized to place long-term care clients
residing in nursing homes and paid for with state only funds into less
restrictive community care settings while continuing to meet the
client's care needs.
(29) In accordance with RCW 43.135.055, the department is
authorized to adopt and increase the fees set forth in and previously
authorized in section 206(19), chapter 37, Laws of 2010 1st sp.s.
Sec. 206 2010 2nd sp.s. c 1 s 206 (uncodified) is amended to read
as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- ECONOMIC SERVICES
PROGRAM
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $564,242,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($565,617,000))
$550,474,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($1,220,752,000))
$1,219,423,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($31,816,000))
$37,816,000
Administrative Contingency Account--State
Appropriation . . . . . . . . . . . . $24,336,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,406,763,000))
$2,396,291,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $303,393,000 of the general fund--state appropriation for
fiscal year 2010, $285,057,000 of the general fund--state appropriation
for fiscal year 2011, $24,336,000 of the administrative contingency
account--state appropriation, and $778,606,000 of the general fund--federal appropriation are provided solely for all components of the
WorkFirst program. The department shall use moneys from the
administrative contingency account for WorkFirst job placement services
provided by the employment security department. Within the amounts
provided for the WorkFirst program, the department may provide
assistance using state-only funds for families eligible for temporary
assistance for needy families. In addition, within the amounts
provided for WorkFirst the department shall:
(a) Establish a career services work transition program;
(b) Continue to implement WorkFirst program improvements that are
designed to achieve progress against outcome measures specified in RCW
74.08A.410. Outcome data regarding job retention and wage progression
shall be 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;
(c) Submit a report electronically by October 1, 2009, to the
fiscal committees of the legislature containing a spending plan for the
WorkFirst program. The plan shall identify how spending levels in the
2009-2011 biennium will be adjusted to stay within available federal
grant levels and the appropriated state-fund levels;
(d) Provide quarterly fiscal reports to the office of financial
management and the legislative fiscal committees detailing information
on the amount expended from general fund--state and general fund--federal by activity.
(2) The department and the office of financial management shall
electronically report quarterly the expenditures, maintenance of effort
allotments, expenditure amounts, and caseloads for the WorkFirst
program to the legislative fiscal committees.
(3) $16,783,000 of the general fund--state appropriation for fiscal
year 2011 and $62,000,000 of the general fund--federal appropriation
are provided solely for all components of the WorkFirst program in
order to maintain services to January 2011. The legislature intends to
work with the governor to design and implement fiscal and programmatic
modifications to provide for the sustainability of the program. The
funding in this subsection assumes that no other expenditure reductions
will be made prior to January 2011 other than those assumed in the
appropriation levels in this act.
(4) $94,322,000 of the general fund--state appropriation for fiscal
year 2010 and $84,904,000 of the general fund--state appropriation for
fiscal year 2011, net of recoveries, are provided solely for cash
assistance and other services to recipients in the cash program
pursuant to chapter 8, Laws of 2010 1st sp. sess. (security lifeline
act), including persons in the unemployable, expedited, and aged,
blind, and disabled components of the program. It is the intent of the
legislature that the lifeline incapacity determination and progressive
evaluation process regulations be carefully designed to accurately
identify those persons who have been or will be incapacitated for at
least ninety days. The incapacity determination and progressive
evaluation process regulations in effect on January 1, 2010, cannot be
amended until at least September 30, 2010; except that provisions
related to the use of administrative review teams may be amended, and
obsolete terminology and functional assessment language may be updated
on or after July 1, 2010, in a manner that only minimally impacts the
outcome of incapacity evaluations. After September 30, 2010, the
incapacity determination and progressive evaluation process regulations
may be amended only if the reports under (a) and (b) of this subsection
have been submitted, and find that expenditures will exceed the
appropriated level by three percent or more.
(a) The department and the caseload forecast council shall, by
September 21, 2010, submit a report to the legislature based upon the
most recent caseload forecast and actual expenditure data available, as
to whether expenditures for the lifeline-unemployable grants in fiscal
year 2011 will exceed $69,648,000 for fiscal year 2011 in the 2010
supplemental operating budget by three percent or more. If
expenditures will exceed the appropriated amount for lifeline-unemployable grants by three percent or more, the department may adopt
regulations modifying incapacity determination and progressive
evaluation process regulations after September 30, 2010.
(b) On or before September 21, 2010, the department shall submit a
report to the relevant policy and fiscal committees of the legislature
that includes the following information regarding any regulations
proposed for adoption that would modify the lifeline incapacity
determination and progressive evaluation process:
(i) A copy of the proposed changes and a concise description of the
changes;
(ii) A description of the persons who would likely be affected by
adoption of the regulations, including their impairments, age,
education, and work history;
(iii) An estimate of the number of persons who, on a monthly basis
through June 2013, would be denied lifeline benefits if the regulations
were adopted, expressed as a number, as a percentage of total
applicants, and as a percentage of the number of persons granted
lifeline benefits in each month;
(iv) An estimate of the number of persons who, on a monthly basis
through June 2013, would have their lifeline benefits terminated
following an eligibility review if the regulations were adopted,
expressed as a number, as a percentage of the number of persons who
have had an eligibility review in each month, and as a percentage of
the total number of persons currently receiving lifeline-unemployable
benefits in each month; and
(v) Intended improvements in employment or treatment outcomes among
persons receiving lifeline benefits that could be attributable to the
changes in the regulations.
(c) Within these amounts:
(i) The department shall aggressively pursue opportunities to
transfer lifeline clients to general assistance expedited coverage and
to facilitate client applications for federal supplemental security
income when the client's incapacities indicate that he or she would be
likely to meet the federal disability criteria for supplemental
security income. The department shall initiate and file the federal
supplemental security income interim agreement as quickly as possible
in order to maximize the recovery of federal funds;
(ii) The department shall review the lifeline caseload to identify
recipients that would benefit from assistance in becoming naturalized
citizens, and thus be eligible to receive federal supplemental security
income benefits. Those cases shall be given high priority for
naturalization funding through the department;
(iii) The department shall actively coordinate with local workforce
development councils to expedite access to worker retraining programs
for lifeline clients in those regions of the state with the greatest
number of such clients;
(iv) By July 1, 2009, the department shall enter into an
interagency agreement with the department of veterans' affairs to
establish a process for referral of veterans who may be eligible for
veteran's services. This agreement must include outstationing
department of veterans' affairs staff in selected community service
office locations in King and Pierce counties to facilitate applications
for veterans' services; and
(v) In addition to any earlier evaluation that may have been
conducted, the department shall intensively evaluate those clients who
have been receiving lifeline benefits for twelve months or more as of
July 1, 2009, or thereafter, if the available medical and incapacity
related evidence indicates that the client is unlikely to meet the
disability standard for federal supplemental security income benefits.
The evaluation shall identify services necessary to eliminate or
minimize barriers to employment, including mental health treatment,
substance abuse treatment and vocational rehabilitation services. The
department shall expedite referrals to chemical dependency treatment,
mental health and vocational rehabilitation services for these clients.
(vi) The appropriations in this subsection reflect a change in the
earned income disregard policy for lifeline clients. It is the intent
of the legislature that the department shall adopt the temporary
assistance for needy families earned income policy for the lifeline
program.
(5) $750,000 of the general fund--state appropriation for fiscal
year 2010 ((and $750,000 of the general fund--state appropriation for
fiscal year 2011 are)) is provided solely for naturalization services.
(6)(((a))) $3,550,000 of the general fund--state appropriation for
fiscal year 2010 is provided solely for refugee employment services, of
which $2,650,000 is provided solely for the department to pass through
to statewide refugee assistance organizations for limited English
proficiency pathway services; and (($3,550,000)) $2,050,000 of the
general fund--state appropriation for fiscal year 2011 is provided
solely for refugee employment services, of which (($2,650,000))
$1,540,000 is provided solely for the department to pass through to
statewide refugee assistance organizations for limited English
proficiency pathway services.
(((b) The legislature intends that the appropriation in this
subsection for the 2009-11 fiscal biennium will maintain funding for
refugee programs at a level at least equal to expenditures on these
programs in the 2007-09 fiscal biennium.))
(7) The appropriations in this section reflect reductions in the
appropriations for the economic services administration's
administrative expenses. It is the intent of the legislature that
these reductions shall be achieved, to the greatest extent possible, by
reducing those administrative costs that do not affect direct client
services or direct service delivery or program.
(8) $855,000 of the general fund--state appropriation for fiscal
year 2011, $719,000 of the general fund--federal appropriation, and
$2,907,000 of the general fund--private/local appropriation are
provided solely for the implementation of the opportunity portal, the
food stamp employment and training program, and the disability lifeline
program under Second Substitute House Bill No. 2782 (security lifeline
act). If the bill is not enacted by June 30, 2010, the amounts
provided in this subsection shall lapse.
(9) (($200,000)) $100,000 of the general fund--state appropriation
for fiscal year 2011 is provided solely for the department to award
grants to small mutual assistance or small community-based
organizations that contract with the department for immigrant and
refugee assistance services. The funds shall be awarded to provide
funding for community groups to provide transitional assistance,
language skills, and other resources to improve refugees' economic
self-sufficiency through the effective use of social services,
financial services, and medical assistance.
(10) The department shall continue to operate the state food
assistance program for legal immigrants. Pursuant to RCW 74.08A.120,
the benefit may be reduced, or the department may adopt rules
pertaining to immigrant status, or both, to remain within amounts
appropriated within this section.
Sec. 207 2010 2nd sp.s. c 1 s 207 (uncodified) is amended to read
as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- ALCOHOL AND
SUBSTANCE ABUSE PROGRAM
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $81,982,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($82,379,000))
$77,065,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($148,018,000))
$151,574,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $2,718,000
Criminal Justice Treatment Account -- State
Appropriation . . . . . . . . . . . . $17,743,000
Problem Gambling Account -- State Appropriation . . . . . . . . . . . . $1,456,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($334,296,000))
$332,538,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Within the amounts appropriated in this section, the department
may contract with the University of Washington and community-based
providers for the provision of the parent-child assistance program.
For all contractors, indirect charges for administering the program
shall not exceed ten percent of the total contract amount.
(2) Within the amounts appropriated in this section, the department
shall continue to provide for chemical dependency treatment services
for adult medicaid eligible and general assistance-unemployable
patients.
(3) In addition to other reductions, the appropriations in this
section reflect reductions targeted specifically to state government
administrative costs. These administrative reductions shall be
achieved, to the greatest extent possible, by reducing those
administrative costs that do not affect direct client services or
direct service delivery or programs.
(4) (($2,247,000 of the general fund--state appropriation for
fiscal year 2011 is provided solely)) Funding is provided for the
implementation of the lifeline program under Second Substitute House
Bill No. 2782 (security lifeline act). If the bill is not enacted by
June 30, 2010, the amount provided in this subsection shall lapse.
(5) $3,500,000 of the general fund--federal appropriation (from the
substance abuse prevention and treatment federal block grant) is
provided solely for the continued funding of existing county drug and
alcohol use prevention programs.
Sec. 208 2010 2nd sp.s. c 1 s 208 (uncodified) is amended to read
as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- MEDICAL ASSISTANCE
PROGRAM
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,697,203,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,752,373,000))
$1,740,730,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($6,047,652,000))
$6,040,021,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . (($37,249,000))
$38,448,000
Emergency Medical Services and Trauma Care Systems
Trust Account -- State Appropriation . . . . . . . . . . . . $15,075,000
Tobacco Prevention and Control Account --
State Appropriation . . . . . . . . . . . . $4,464,000
Hospital Safety Net Assessment Fund--State
Appropriation . . . . . . . . . . . . $260,036,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($9,814,052,000))
$9,795,977,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Based on quarterly expenditure reports and caseload forecasts,
if the department estimates that expenditures for the medical
assistance program will exceed the appropriations, the department shall
take steps including but not limited to reduction of rates or
elimination of optional services to reduce expenditures so that total
program costs do not exceed the annual appropriation authority.
(2) In determining financial eligibility for medicaid-funded
services, the department is authorized to disregard recoveries by
Holocaust survivors of insurance proceeds or other assets, as defined
in RCW 48.104.030.
(3) The legislature affirms that it is in the state's interest for
Harborview medical center to remain an economically viable component of
the state's health care system.
(4) When a person is ineligible for medicaid solely by reason of
residence in an institution for mental diseases, the department shall
provide the person with the same benefits as he or she would receive if
eligible for medicaid, using state-only funds to the extent necessary.
(5) In accordance with RCW 74.46.625, $6,000,000 of the general
fund -- federal appropriation is provided solely for supplemental
payments to nursing homes operated by public hospital districts. The
public hospital district shall be responsible for providing the
required nonfederal match for the supplemental payment, and the
payments shall not exceed the maximum allowable under federal rules.
It is the legislature's intent that the payments shall be supplemental
to and shall not in any way offset or reduce the payments calculated
and provided in accordance with part E of chapter 74.46 RCW. It is the
legislature's further intent that costs otherwise allowable for rate-setting and settlement against payments under chapter 74.46 RCW shall
not be disallowed solely because such costs have been paid by revenues
retained by the nursing home from these supplemental payments. The
supplemental payments are subject to retrospective interim and final
cost settlements based on the nursing homes' as-filed and final
medicare cost reports. The timing of the interim and final cost
settlements shall be at the department's discretion. During either the
interim cost settlement or the final cost settlement, the department
shall recoup from the public hospital districts the supplemental
payments that exceed the medicaid cost limit and/or the medicare upper
payment limit. The department shall apply federal rules for
identifying the eligible incurred medicaid costs and the medicare upper
payment limit.
(6) (($1,110,000)) $649,000 of the general fund -- federal
appropriation and (($1,105,000)) $644,000 of the general fund--state
appropriation for fiscal year 2011 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.
(7) (($9,818,000)) $5,729,000 of the general fund--state
appropriation for fiscal year 2011, and (($9,865,000)) $5,776,000 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.
(8) The department shall continue the inpatient hospital certified
public expenditures program for the 2009-11 biennium. The program
shall apply to all public hospitals, including those owned or operated
by the state, except those classified as critical access hospitals or
state psychiatric institutions. The department shall submit reports to
the governor and legislature by November 1, 2009, and by November 1,
2010, that evaluate whether savings continue to exceed costs for this
program. If the certified public expenditures (CPE) program in its
current form is no longer cost-effective to maintain, the department
shall submit a report to the governor and legislature detailing
cost-effective alternative uses of local, state, and federal resources
as a replacement for this program. During fiscal year 2010 and fiscal
year 2011, hospitals in the program shall be paid and shall retain one
hundred percent of the federal portion of the allowable hospital cost
for each medicaid inpatient fee-for-service claim payable by medical
assistance and one hundred percent of the federal portion of the
maximum disproportionate share hospital payment allowable under federal
regulations. Inpatient medicaid payments shall be established using an
allowable methodology that approximates the cost of claims submitted by
the hospitals. Payments made to each hospital in the program in each
fiscal year of the biennium shall be compared to a baseline amount.
The baseline amount will be determined by the total of (a) the
inpatient claim payment amounts that would have been paid during the
fiscal year had the hospital not been in the CPE program based on the
reimbursement rates developed, implemented, and consistent with
policies approved in the 2009-11 biennial operating appropriations act
(chapter 564, Laws of 2009) and in effect on July 1, 2009, (b) one half
of the indigent assistance disproportionate share hospital payment
amounts paid to and retained by each hospital during fiscal year 2005,
and (c) all of the other disproportionate share hospital payment
amounts paid to and retained by each hospital during fiscal year 2005
to the extent the same disproportionate share hospital programs exist
in the 2009-11 biennium. If payments during the fiscal year exceed the
hospital's baseline amount, no additional payments will be made to the
hospital except the federal portion of allowable disproportionate share
hospital payments for which the hospital can certify allowable match.
If payments during the fiscal year are less than the baseline amount,
the hospital will be paid a state grant equal to the difference between
payments during the fiscal year and the applicable baseline amount.
Payment of the state grant shall be made in the applicable fiscal year
and distributed in monthly payments. The grants will be recalculated
and redistributed as the baseline is updated during the fiscal year.
The grant payments are subject to an interim settlement within eleven
months after the end of the fiscal year. A final settlement shall be
performed. To the extent that either settlement determines that a
hospital has received funds in excess of what it would have received as
described in this subsection, the hospital must repay the excess
amounts to the state when requested. $20,403,000 of the general fund--state appropriation for fiscal year 2010, of which $6,570,000 is
appropriated in section 204(1) of this act, and $29,480,000 of the
general fund--state appropriation for fiscal year 2011, of which
$6,570,000 is appropriated in section 204(1) of this act, are provided
solely for state grants for the participating hospitals. CPE hospitals
will receive the inpatient and outpatient reimbursement rate
restorations in section 9 and rate increases in section 10(1)(b) of
Engrossed Second Substitute House Bill No. 2956 (hospital safety net
assessment) funded through the hospital safety net assessment fund
rather than through the baseline mechanism specified in this
subsection.
(9) The department is authorized to use funds appropriated in this
section to purchase goods and supplies through direct contracting with
vendors when the department determines it is cost-effective to do so.
(10) $93,000 of the general fund--state appropriation for fiscal
year 2010 and $93,000 of the general fund--federal appropriation are
provided solely for the department to pursue a federal Medicaid waiver
pursuant to Second Substitute Senate Bill No. 5945 (Washington health
partnership plan). If the bill is not enacted by June 30, 2009, the
amounts provided in this subsection shall lapse.
(11) The department shall require managed health care systems that
have contracts with the department to serve medical assistance clients
to limit any reimbursements or payments the systems make to providers
not employed by or under contract with the systems to no more than the
medical assistance rates paid by the department to providers for
comparable services rendered to clients in the fee-for-service delivery
system.
(12) A maximum of $241,141,000 in total funds from the general
fund--state, general fund--federal, and tobacco and prevention control
account--state appropriations may be expended in the fiscal biennium
for the medical program pursuant to chapter 8, Laws of 2010 1st sp.
sess. (security lifeline act), and these amounts are provided solely
for this program. Of these amounts, $10,749,000 of the general fund--state appropriation for fiscal year 2010 and $10,892,000 of the general
fund--federal appropriation are provided solely for payments to
hospitals for providing outpatient services to low income patients who
are recipients of lifeline benefits. Pursuant to RCW 74.09.035, the
department shall not expend for the lifeline medical care services
program any amounts in excess of the amounts provided in this
subsection.
(13) Mental health services shall be included in the services
provided through the managed care system for lifeline clients under
chapter 8, Laws of 2010 1st sp. sess. In transitioning lifeline
clients to managed care, the department shall attempt to deliver care
to lifeline clients through medical homes in community and migrant
health centers. The department, in collaboration with the carrier,
shall seek to improve the transition rate of lifeline clients to the
federal supplemental security income program. The department shall
renegotiate the contract with the managed care plan that provides
services for lifeline clients to maximize state retention of future
hospital savings as a result of improved care coordination. The
department, in collaboration with stakeholders, shall propose a new
name for the lifeline program.
(14) The department shall evaluate the impact of the use of a
managed care delivery and financing system on state costs and outcomes
for lifeline medical clients. Outcomes measured shall include state
costs, utilization, changes in mental health status and symptoms, and
involvement in the criminal justice system.
(15) The department shall report to the governor and the fiscal
committees of the legislature by June 1, 2010, on its progress toward
achieving a twenty percentage point increase in the generic
prescription drug utilization rate.
(16) State funds shall not be used by hospitals for advertising
purposes.
(17) $24,356,000 of the general fund--private/local appropriation
and $35,707,000 of the general fund--federal appropriation are provided
solely for the implementation of professional services supplemental
payment programs. The department shall seek a medicaid state plan
amendment to create a professional services supplemental payment
program for University of Washington medicine professional providers no
later than July 1, 2009. The department shall apply federal rules for
identifying the shortfall between current fee-for-service medicaid
payments to participating providers and the applicable federal upper
payment limit. Participating providers shall be solely responsible for
providing the local funds required to obtain federal matching funds.
Any incremental costs incurred by the department in the development,
implementation, and maintenance of this program will be the
responsibility of the participating providers. Participating providers
will retain the full amount of supplemental payments provided under
this program, net of any potential costs for any related audits or
litigation brought against the state. The department shall report to
the governor and the legislative fiscal committees on the prospects for
expansion of the program to other qualifying providers as soon as
feasibility is determined but no later than December 31, 2009. The
report will outline estimated impacts on the participating providers,
the procedures necessary to comply with federal guidelines, and the
administrative resource requirements necessary to implement the
program. The department will create a process for expansion of the
program to other qualifying providers as soon as it is determined
feasible by both the department and providers but no later than June
30, 2010.
(18) $9,075,000 of the general fund--state appropriation for fiscal
year 2010, $8,588,000 of the general fund--state appropriation for
fiscal year 2011, and $39,747,000 of the general fund--federal
appropriation are provided solely for development and implementation of
a replacement system for the existing medicaid management information
system. The amounts provided in this subsection are conditioned on the
department satisfying the requirements of section 902 of this act.
(19) $506,000 of the general fund--state appropriation for fiscal
year 2011 and $657,000 of the general fund--federal appropriation are
provided solely for the implementation of Second Substitute House Bill
No. 1373 (children's mental health). If the bill is not enacted by
June 30, 2009, the amounts provided in this subsection shall lapse.
(20) Pursuant to 42 U.S.C. Sec. 1396(a)(25), the department shall
pursue insurance claims on behalf of medicaid children served through
its in-home medically intensive child program under WAC 388-551-3000.
The department shall report to the Legislature by December 31, 2009, on
the results of its efforts to recover such claims.
(21) The department may, on a case-by-case basis and in the best
interests of the child, set payment rates for medically intensive home
care services to promote access to home care as an alternative to
hospitalization. Expenditures related to these increased payments
shall not exceed the amount the department would otherwise pay for
hospitalization for the child receiving medically intensive home care
services.
(22) $425,000 of the general fund--state appropriation for fiscal
year 2010 and $790,000 of the general fund--federal appropriation are
provided solely to continue children's health coverage outreach and
education efforts under RCW 74.09.470. These efforts shall rely on
existing relationships and systems developed with local public health
agencies, health care providers, public schools, the women, infants,
and children program, the early childhood education and assistance
program, child care providers, newborn visiting nurses, and other
community-based organizations. The department shall seek public-private partnerships and federal funds that are or may become available
to provide on-going support for outreach and education efforts under
the federal children's health insurance program reauthorization act of
2009.
(23) The department, in conjunction with the office of financial
management, shall implement a prorated inpatient payment policy.
(24) The department will pursue a competitive procurement process
for antihemophilic products, emphasizing evidence-based medicine and
protection of patient access without significant disruption in
treatment.
(25) The department will pursue several strategies towards reducing
pharmacy expenditures including but not limited to increasing generic
prescription drug utilization by 20 percentage points and promoting
increased utilization of the existing mail-order pharmacy program.
(26) The department shall reduce reimbursement for over-the-counter
medications while maintaining reimbursement for those over-the-counter
medications that can replace more costly prescription medications.
(27) The department shall seek public-private partnerships and
federal funds that are or may become available to implement health
information technology projects under the federal American recovery and
reinvestment act of 2009.
(28) The department shall target funding for maternity support
services towards pregnant women with factors that lead to higher rates
of poor birth outcomes, including hypertension, a preterm or low birth
weight birth in the most recent previous birth, a cognitive deficit or
developmental disability, substance abuse, severe mental illness,
unhealthy weight or failure to gain weight, tobacco use, or African
American or Native American race. The department shall prioritize
evidence-based practices for delivery of maternity support services.
To the extent practicable, the department shall develop a mechanism to
increase federal funding for maternity support services by leveraging
local public funding for those services.
(29) $260,036,000 of the hospital safety net assessment fund--state
appropriation and $255,448,000 of the general fund--federal
appropriation are provided solely for the implementation of Engrossed
Second Substitute House Bill No. 2956 (hospital safety net assessment).
If the bill is not enacted by June 30, 2010, the amounts provided in
this subsection shall lapse.
(30) $79,000 of the general fund--state appropriation for fiscal
year 2010 and $53,000 of the general fund--federal appropriation are
provided solely to implement Substitute House Bill No. 1845 (medical
support obligations).
(31) $63,000 of the general fund--state appropriation for fiscal
year 2010, $583,000 of the general fund--state appropriation for fiscal
year 2011, and $864,000 of the general fund--federal appropriation are
provided solely to implement Engrossed House Bill No. 2194
(extraordinary medical placement for offenders). The department shall
work in partnership with the department of corrections to identify
services and find placements for offenders who are released through the
extraordinary medical placement program. The department shall
collaborate with the department of corrections to identify and track
cost savings to the department of corrections, including medical cost
savings, and to identify and track expenditures incurred by the aging
and disability services program for community services and by the
medical assistance program for medical expenses. A joint report
regarding the identified savings and expenditures shall be provided to
the office of financial management and the appropriate fiscal
committees of the legislature by November 30, 2010. If this bill is
not enacted by June 30, 2009, the amounts provided in this subsection
shall lapse.
(32) $73,000 of the general fund--state appropriation for fiscal
year 2011 and $50,000 of the general fund--federal appropriation is
provided solely for supplemental services that will be provided to
offenders in lieu of a prison sentence pursuant to chapter 224, Laws of
2010 (Substitute Senate Bill No. 6639).
(33) Sufficient amounts are provided in this section to provide
full benefit dual eligible beneficiaries with medicare part D
prescription drug copayment coverage in accordance with RCW 74.09.520
until December 31, 2010. $1,000,000 of the general fund--state
appropriation for fiscal year 2011 is provided solely for targeted
coverage of medicare part D prescription drug copayments for full
benefit dual eligible beneficiaries in accordance with RCW 74.09.520
starting January 1, 2011. The department shall target the coverage to
clients for whom the copayments would have the greatest financial
impact.
(34) In addition to other reductions, the appropriations in this
section reflect reductions targeted specifically to state government
administrative costs. These administrative reductions shall be
achieved, to the greatest extent possible, by reducing those
administrative costs that do not affect providers, direct client
services, or direct service delivery or programs.
(35) $331,000 of the general fund--state appropriation for fiscal
year 2010, $331,000 of the general fund--state appropriation for fiscal
year 2011, and $1,228,000 of the general fund--federal appropriation
are provided solely for the department to support the activities of the
Washington poison center. The department shall seek federal authority
to receive matching funds from the federal government through the
children's health insurance program.
(36) $528,000 of the general fund--state appropriation and
$2,955,000 of the general fund--federal appropriation are provided
solely for the implementation of the lifeline program under chapter 8,
Laws of 2010 1st sp. sess. (security lifeline act).
(37) Reductions in dental services are to be achieved by focusing
on the fastest growing areas of dental care. Reductions in
preventative care, particularly for children, will be avoided to the
extent possible.
(38) $1,307,000 of the general fund--state appropriation for fiscal
year 2011 and $1,770,000 of the general fund--federal appropriation are
provided solely to continue to provide dental services in calendar year
2011 for qualifying adults with developmental disabilities. Services
shall include preventive, routine, and emergent dental care, and
support for continued operation of the dental education in care of
persons with disabilities (DECOD) program at the University of
Washington.
(39) The department shall develop the capability to implement apple
health for kids express lane eligibility enrollments for children
receiving basic food assistance by June 30, 2011.
(40)(a) The department, in coordination with the health care
authority, shall actively continue to negotiate a medicaid section 1115
waiver with the federal centers for medicare and medicaid services that
would provide federal matching funds for services provided to persons
enrolled in the basic health plan under chapter 70.47 RCW and the
medical care services program under RCW 74.09.035.
(b) If the waiver in (a) of this subsection is granted, the
department and the health care authority may implement the waiver if it
allows the program to remain within appropriated levels, after
providing notice of its terms and conditions to the relevant policy and
fiscal committees of the legislature in writing thirty days prior to
the planned implementation date of the waiver.
(41) $704,000 of the general fund--state appropriation for fiscal
year 2010, $812,000 of the general fund--state appropriation for fiscal
year 2011, and $1,516,000 of the general fund--federal appropriation
are provided solely for maintaining employer-sponsored insurance
program staff, coordination of benefits unit staff, the payment
integrity audit team, and family planning nursing.
(42) Every effort shall be made to maintain current employment
levels and achieve administrative savings through vacancies and
employee attrition. Efficiencies shall be implemented as soon as
possible in order to minimize actual reduction in force. The
department shall implement a management strategy that minimizes
disruption of service and negative impacts on employees.
(43) $1,199,000 of the general fund--private/local appropriation
for fiscal year 2011 and $1,671,000 of the general fund--federal
appropriation are provided solely to support medical airlift services.
(44) $5,000,000 of the general fund--state appropriation for fiscal
year 2011 and $7,191,000 of the general fund--federal appropriation are
provided solely for payments to federally qualified health clinics and
rural health centers under a new alternative payment methodology.
(45) $200,000 of the general fund--state appropriation for fiscal
year 2011 and $369,000 of the general fund--federal appropriation are
provided solely for pilot projects implementing and evaluating
telephonic and video remote technologies for providing medical
interpretation services. The department may contract for electronic
scheduling services to connect interpreters with patients and
providers. The department shall create one pilot in eastern Washington
and one pilot in western Washington.
Sec. 209 2010 2nd sp.s. c 1 s 209 (uncodified) is amended to read
as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- VOCATIONAL
REHABILITATION PROGRAM
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $10,327,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($10,045,000))
$9,443,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $107,848,000
Telecommunications Devices for the Hearing and
Speech Impaired -- State Appropriation . . . . . . . . . . . . (($5,976,000))
$6,056,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($134,196,000))
$133,674,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The vocational rehabilitation program shall coordinate closely
with the economic services program to serve lifeline clients under
chapter 8, Laws of 2010 1st sp. sess. who are referred for eligibility
determination and vocational rehabilitation services, and shall make
every effort, within the requirements of the federal rehabilitation act
of 1973, to serve these clients.
(2) $80,000 of the telecommunications devices for the hearing and
speech impaired account--state appropriation is provided solely for the
office of deaf and hard of hearing to enter into an interagency
agreement with the department of services for the blind to support
contracts for services that provide employment support and help with
life activities for deaf-blind individuals in King county.
Sec. 210 2010 2nd sp.s. c 1 s 210 (uncodified) is amended to read
as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- SPECIAL COMMITMENT
PROGRAM
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $48,827,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($47,051,000))
$48,536,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($95,878,000))
$97,363,000
Sec. 211 2010 2nd sp.s. c 1 s 211 (uncodified) is amended to read
as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- ADMINISTRATION AND
SUPPORTING SERVICES PROGRAM
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $33,579,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($29,166,000))
$27,745,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($50,981,000))
$51,304,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,121,000
Institutional Impact Account--State Appropriation . . . . . . . . . . . . $22,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($114,869,000))
$113,771,000
The appropriations in this section are subject to the following
conditions and limitations: In addition to other reductions, the
appropriations in this section reflect reductions targeted specifically
to state government administrative costs. These administrative
reductions shall be achieved, to the greatest extent possible, by
reducing those administrative costs that do not affect direct client
services or direct service delivery or programs.
(1) $333,000 of the general fund--state appropriation for fiscal
year 2010 and $300,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the Washington state mentors
program to continue its public-private partnerships to provide
technical assistance and training to mentoring programs that serve at-risk youth.
(2) $445,000 of the general fund--state appropriation for fiscal
year 2010 and $445,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for funding of the teamchild
project through the governor's juvenile justice advisory committee.
(3) $178,000 of the general fund--state appropriation for fiscal
year 2010 and $178,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the juvenile detention
alternatives initiative.
(4) Amounts appropriated in this section reflect a reduction to the
family policy council. The family policy council shall reevaluate
staffing levels and administrative costs to ensure to the extent
possible a maximum ratio of grant moneys provided and administrative
costs.
(5) Amounts appropriated in this section reflect a reduction to the
council on children and families. The council on children and families
shall reevaluate staffing levels and administrative costs to ensure to
the extent possible a maximum ratio of grant moneys provided and
administrative costs.
Sec. 212 2010 1st sp.s. c 37 s 213 (uncodified) is amended to
read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES -- PAYMENTS TO OTHER
AGENCIES PROGRAM
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $61,985,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($61,461,000))
$63,793,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($56,572,000))
$56,855,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($180,018,000))
$182,633,000
Sec. 213 2010 2nd sp.s. c 1 s 212 (uncodified) is amended to read
as follows:
FOR THE STATE HEALTH CARE AUTHORITY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $208,258,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($129,087,000))
$105,028,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($34,727,000))
$24,518,000
State Health Care Authority Administration Account --
State Appropriation . . . . . . . . . . . . $34,880,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $527,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($407,479,000))
$373,211,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Within amounts appropriated in this section and sections 205
and 206 of this act, the health care authority shall continue to
provide an enhanced basic health plan subsidy for foster parents
licensed under chapter 74.15 RCW and workers in state-funded home care
programs. Under this enhanced subsidy option, foster parents eligible
to participate in the basic health plan as subsidized enrollees and
home care workers with family incomes below 200 percent of the federal
poverty level shall be allowed to enroll in the basic health plan at
the minimum premium amount charged to enrollees with incomes below
sixty-five percent of the federal poverty level.
(2) The health care authority shall require organizations and
individuals that are paid to deliver basic health plan services and
that choose to sponsor enrollment in the subsidized basic health plan
to pay 133 percent of the premium amount which would otherwise be due
from the sponsored enrollees.
(3) The administrator shall take at least the following actions to
assure that persons participating in the basic health plan are eligible
for the level of assistance they receive: (a) Require submission of
(i) income tax returns, and recent pay history, from all applicants, or
(ii) other verifiable evidence of earned and unearned income from those
persons not required to file income tax returns; (b) check employment
security payroll records at least once every twelve months on all
enrollees; (c) require enrollees whose income as indicated by payroll
records exceeds that upon which their subsidy is based to document
their current income as a condition of continued eligibility; (d)
require enrollees for whom employment security payroll records cannot
be obtained to document their current income at least once every six
months; (e) not reduce gross family income for self-employed persons by
noncash-flow expenses such as, but not limited to, depreciation,
amortization, and home office deductions, as defined by the United
States internal revenue service; and (f) pursue repayment and civil
penalties from persons who have received excessive subsidies, as
provided in RCW 70.47.060(9).
(4)(a) In order to maximize the funding appropriated for the basic
health plan, the health care authority is directed to make
modifications that will reduce the total number of subsidized enrollees
to approximately 65,000 by January 1, 2010. In addition to the reduced
enrollment, other modifications may include changes in enrollee premium
obligations, changes in benefits, enrollee cost-sharing, and
termination of the enrollment of individuals concurrently enrolled in
a medical assistance program as provided in Substitute House Bill No.
2341.
(b) The health care authority shall coordinate with the department
of social and health services to negotiate a medicaid section 1115
waiver with the federal centers for medicare and medicaid services that
would provide matching funds for services provided to persons enrolled
in the basic health plan under chapter 70.47 RCW.
(c) If the waiver in (b) of this subsection is granted, the health
care authority may implement the waiver if it allows the program to
remain within appropriated levels, after providing notice of its terms
and conditions to the relevant policy and fiscal committees of the
legislature in writing thirty days prior to the planned implementation
date of the waiver.
(5) $250,000 of the general fund--state appropriation for fiscal
year 2010 and $250,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the implementation of
Substitute Senate Bill No. 5360 (community collaboratives). If the
bill is not enacted by June 30, 2009, the amounts provided in this
section shall lapse.
(6) The authority shall seek public-private partnerships and
federal funds that are or may become available to implement health
information technology projects under the federal American recovery and
reinvestment act of 2009.
(7) $20,000 of the general fund--state appropriation for fiscal
year 2010 and $63,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the implementation of chapter
220, Laws of 2010 (accountable care organizations).
(8) After February 28, 2011, the authority shall restrict
enrollment in the basic health plan to persons who qualify for services
under 1115 medicaid demonstration project number ll-W-00254/10.
(9) After April 30, 2011, the authority shall discontinue the basic
health plan.
Sec. 214 2010 1st sp.s. c 37 s 215 (uncodified) is amended to
read as follows:
FOR THE HUMAN RIGHTS COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $2,638,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($2,511,000))
$2,353,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,584,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($6,733,000))
$6,575,000
Sec. 215 2010 1st sp.s. c 37 s 217 (uncodified) is amended to
read as follows:
FOR THE CRIMINAL JUSTICE TRAINING COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $17,273,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($17,843,000))
$16,721,000
General Fund--Federal Appropriation . . . . . . . . . . . . $143,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . (($1,303,000))
$1,378,000
Death Investigations Account -- State Appropriation . . . . . . . . . . . . $148,000
Municipal Criminal Justice Assistance Account --
State Appropriation . . . . . . . . . . . . $460,000
Washington Auto Theft Prevention Authority Account --
State Appropriation . . . . . . . . . . . . $5,844,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($43,014,000))
$41,967,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,191,000 of the general fund--state appropriation for fiscal
year 2010 ((and $1,191,000 of the general fund--state appropriation for
fiscal year 2011 are)) is provided solely for the Washington
association of sheriffs and police chiefs to continue to develop,
maintain, and operate the jail booking and reporting system (JBRS) and
the statewide automated victim information and notification system
(SAVIN) and $411,000 of the general fund--state appropriation for
fiscal year 2011 is provided solely to develop, maintain, and operate
the statewide automated victim identification and notification system
(SAVIN).
(2) $5,000,000 of the general fund--state appropriation for fiscal
year 2010 and $5,000,000 of the general fund--state appropriation for
fiscal year 2011, are provided to the Washington association of
sheriffs and police chiefs solely to verify the address and residency
of registered sex offenders and kidnapping offenders under RCW
9A.44.130. The Washington association of sheriffs and police chiefs
shall:
(a) Enter into performance-based agreements with units of local
government to ensure that registered offender address and residency are
verified:
(i) For level I offenders, every twelve months;
(ii) For level II offenders, every six months; and
(iii) For level III offenders, every three months.
For the purposes of this subsection, unclassified offenders and
kidnapping offenders shall be considered at risk level I unless in the
opinion of the local jurisdiction a higher classification is in the
interest of public safety.
(b) Collect performance data from all participating jurisdictions
sufficient to evaluate the efficiency and effectiveness of the address
and residency verification program; and
(c) Submit a report on the effectiveness of the address and
residency verification program to the governor and the appropriate
committees of the house of representatives and senate by December 31,
each year.
The Washington association of sheriffs and police chiefs may retain up
to three percent of the amount provided in this subsection for the cost
of administration. Any funds not disbursed for address and residency
verification or retained for administration may be allocated to local
prosecutors for the prosecution costs associated with failing-to-register offenses.
(3) $30,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for the implementation of Second
Substitute House Bill No. 2078 (persons with developmental disabilities
in correctional facilities or jails). If the bill is not enacted by
June 30, 2009, the amount provided in this subsection shall lapse.
(4) $171,000 of the general fund--local appropriation is provided
solely to purchase ammunition for the basic law enforcement academy.
Jurisdictions with one hundred or more full-time commissioned officers
shall reimburse to the criminal justice training commission the costs
of ammunition, based on the average cost of ammunition per cadet, for
cadets that they enroll in the basic law enforcement academy.
(5) The criminal justice training commission may not run a basic
law enforcement academy class of fewer than 30 students.
(((6) $1,500,000 of the general fund--state appropriation for
fiscal year 2011 is provided solely for continuing the enforcement of
illegal drug laws in the rural pilot project enforcement areas as set
forth in chapter 339, Laws of 2006.))
Sec. 216 2010 1st sp.s. c 37 s 218 (uncodified) is amended to
read as follows:
FOR THE DEPARTMENT OF LABOR AND INDUSTRIES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $24,975,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($19,336,000))
$18,120,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($10,100,000))
$11,316,000
Asbestos Account -- State Appropriation . . . . . . . . . . . . $923,000
Electrical License Account -- State Appropriation . . . . . . . . . . . . $36,977,000
Farm Labor Revolving Account -- Private/Local Appropriation . . . . . . . . . . . . $28,000
Worker and Community Right-to-Know Account --
State Appropriation . . . . . . . . . . . . $1,987,000
Public Works Administration Account -- State
Appropriation . . . . . . . . . . . . $6,021,000
Manufactured Home Installation Training Account --
State Appropriation . . . . . . . . . . . . $143,000
Accident Account -- State Appropriation . . . . . . . . . . . . $250,509,000
Accident Account -- Federal Appropriation . . . . . . . . . . . . $13,621,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $249,232,000
Medical Aid Account -- Federal Appropriation . . . . . . . . . . . . $3,186,000
Plumbing Certificate Account -- State Appropriation . . . . . . . . . . . . $1,704,000
Pressure Systems Safety Account -- State Appropriation . . . . . . . . . . . . $4,144,000
TOTAL APPROPRIATION . . . . . . . . . . . . $622,886,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Pursuant to RCW 43.135.055, the department is authorized to
increase fees related to factory assembled structures, contractor
registration, electricians, plumbers, asbestos removal, boilers,
elevators, and manufactured home installers. These increases are
necessary to support expenditures authorized in this section,
consistent with chapters 43.22, 18.27, 19.28, and 18.106 RCW, RCW
49.26.130, and chapters 70.79, 70.87, and 43.22A RCW.
(2) $424,000 of the accident account--state appropriation and
$76,000 of the medical aid account--state appropriation are provided
solely for implementation of a community agricultural worker safety
grant at the department of agriculture. The department shall enter
into an interagency agreement with the department of agriculture to
implement the grant.
(3) $4,850,000 of the medical aid account--state appropriation is
provided solely to continue the program of safety and health as
authorized by RCW 49.17.210 to be administered under rules adopted
pursuant to chapter 34.05 RCW, provided that projects funded involve
workplaces insured by the medical aid fund, and that priority is given
to projects fostering accident prevention through cooperation between
employers and employees or their representatives.
(4) $150,000 of the medical aid account--state appropriation is
provided solely for the department to contract with one or more
independent experts to evaluate and recommend improvements to the
rating plan under chapter 51.18 RCW, including analyzing how risks are
pooled, the effect of including worker premium contributions in
adjustment calculations, incentives for accident and illness
prevention, return-to-work practices, and other sound risk-management
strategies that are consistent with recognized insurance principles.
(5) The department shall continue to conduct utilization reviews of
physical and occupational therapy cases at the 24th visit. The
department shall continue to report performance measures and targets
for these reviews on the agency web site. The reports are due
September 30th for the prior fiscal year and must include the amount
spent and the estimated savings per fiscal year.
(6) The appropriations in this section reflect reductions in the
appropriations for the department of labor and industries'
administrative expenses. It is the intent of the legislature that
these reductions shall be achieved, to the greatest extent possible, by
reducing administrative costs only.
(7) $500,000 of the accident account--state appropriation is
provided solely for the department to contract with one or more
independent experts to oversee and assist the department's
implementation of improvements to the rating plan under chapter 51.18
RCW, in collaboration with the department and with the department's
work group of retrospective rating and workers' compensation
stakeholders. The independent experts will validate the impact of
recommended changes on retrospective rating participants and
nonparticipants, confirm implementation technology changes, and provide
other implementation assistance as determined by the department.
(8) $194,000 of the accident account--state appropriation and
$192,000 of the medical aid account--state appropriation are provided
solely for implementation of Senate Bill No. 5346 (health care
administrative procedures).
(9) $131,000 of the accident account--state appropriation and
$128,000 of the medical aid account--state appropriation are provided
solely for implementation of Senate Bill No. 5613 (stop work orders).
(10) $68,000 of the accident account--state appropriation and
$68,000 of the medical aid account--state appropriation are provided
solely for implementation of Senate Bill No. 5688 (registered domestic
partners).
(11) $320,000 of the accident account--state appropriation and
$147,000 of the medical aid account--state appropriation are provided
solely for implementation of Senate Bill No. 5873 (apprenticeship
utilization).
(12) $73,000 of the general fund--state appropriation for fiscal
year 2010, $66,000 of the general fund--state appropriation for fiscal
year 2011, $606,000 of the accident account--state appropriation, and
$600,000 of the medical aid account--state appropriation are provided
solely for the implementation of House Bill No. 1555 (underground
economy).
(13) $574,000 of the accident account--state appropriation and
$579,000 of the medical account--state appropriation are provided
solely for the implementation of House Bill No. 1402 (industrial
insurance appeals).
(14) Within statutory guidelines, the boiler program shall explore
opportunities to increase program efficiency. Strategies may include
the consolidation of routine multiple inspections to the same site and
trip planning to ensure the least number of miles traveled.
(15) $16,000 of the general fund--state appropriation for fiscal
year 2010 and $50,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the crime victims compensation
program to pay claims for mental health services for crime victim
compensation program clients who have an established relationship with
a mental health provider and subsequently obtain coverage under the
medicaid program or the medical care services program under chapter
74.09 RCW. Prior to making such payment, the program must have
determined that payment for the specific treatment or provider is not
available under the medicaid or medical care services program. In
addition, the program shall make efforts to contact any healthy options
or medical care services health plan in which the client may be
enrolled to help the client obtain authorization to pay the claim on an
out-of-network basis.
(16) $48,000 of the accident account--state appropriation and
$48,000 of the medical aid account--state appropriation are provided
solely for the implementation of Substitute House Bill No. 2789
(issuance of subpoenas for purposes of agency investigations of
underground economic activity). If the bill is not enacted by June 30,
2010, the amount provided in this subsection shall lapse.
(17) $71,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for implementation of Senate Bill No. 6349
(farm internship program). If the bill is not enacted by June 30,
2010, the amount provided in this subsection shall lapse.
(18) $127,000 of the general fund--state appropriation for fiscal
year 2010 and $133,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the department to provide
benefits in excess of the cap established by sections 1 and 2, chapter
122, Laws of 2010. These benefits shall be paid for claimants who were
determined eligible for and who were receiving crime victims'
compensation benefits because they were determined to be permanently
and totally disabled, as defined by RCW 51.08.160, prior to April 1,
2010. The director shall establish, by May 1, 2010, a process to aid
crime victims' compensation recipients in identifying and applying for
appropriate alternative benefit programs.
(19) $155,000 of the public works administration account--state
appropriation is provided solely for the implementation of Engrossed
House Bill No. 2805 (offsite prefabricated items). If the bill is not
enacted by June 30, 2010, the amount provided in this subsection shall
lapse.
Sec. 217 2010 1st sp.s. c 37 s 219 (uncodified) is amended to
read as follows:
FOR THE INDETERMINATE SENTENCE REVIEW BOARD
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,882,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,864,000))
$1,659,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,746,000))
$3,541,000
Sec. 218 2010 1st sp.s. c 37 s 220 (uncodified) is amended to
read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
(1) HEADQUARTERS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,913,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . $1,865,000
Charitable, Educational, Penal, and Reformatory
Institutions Account -- State Appropriation . . . . . . . . . . . . $10,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,788,000
The appropriations in this subsection are subject to the following
conditions and limitations: In addition to other reductions, the
appropriations in this section reflect reductions targeted specifically
to state government administrative costs. These administrative
reductions shall be achieved, to the greatest extent possible, by
reducing those administrative costs that do not affect direct client
services or direct service delivery or programs.
(2) FIELD SERVICES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $4,885,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . $4,964,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $2,382,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $4,512,000
Veterans Innovations Program Account--State
Appropriation . . . . . . . . . . . . $897,000
Veteran Estate Management Account--Private/Local
Appropriation . . . . . . . . . . . . $1,072,000
TOTAL APPROPRIATION . . . . . . . . . . . . $18,712,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) The department shall collaborate with the department of social
and health services to identify and assist eligible general assistance
unemployable clients to access the federal department of veterans
affairs benefits.
(b) $648,000 of the veterans innovations program account--state
appropriation is provided solely for the department to continue support
for returning combat veterans through the veterans innovation program,
including emergency financial assistance through the defenders' fund
and long-term financial assistance through the competitive grant
program.
(c) In addition to other reductions, the appropriations in this
section reflect reductions targeted specifically to state government
administrative costs. These administrative reductions shall be
achieved, to the greatest extent possible, by reducing those
administrative costs that do not affect direct client services or
direct service delivery or programs.
(3) INSTITUTIONAL SERVICES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $3,318,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($2,371,000))
$1,793,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($50,353,000))
$50,931,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $34,189,000
TOTAL APPROPRIATION . . . . . . . . . . . . $90,231,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) In addition to other reductions, the appropriations in this
section reflect reductions targeted specifically to state government
administrative costs. These administrative reductions shall be
achieved, to the greatest extent possible, by reducing those
administrative costs that do not affect direct client services or
direct service delivery or programs.
(b) The reductions in this subsection shall be achieved through
savings from contract revisions and shall not impact the availability
of goods and services for residents of the three state veterans homes.
Sec. 219 2010 2nd sp.s. c 1 s 213 (uncodified) is amended to read
as follows:
FOR THE DEPARTMENT OF HEALTH
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $98,414,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($81,735,000))
$72,427,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $564,379,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $162,237,000
Hospital Data Collection Account -- State Appropriation . . . . . . . . . . . . $218,000
Health Professions Account -- State Appropriation . . . . . . . . . . . . $82,850,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $603,000
Emergency Medical Services and Trauma Care Systems
Trust Account -- State Appropriation . . . . . . . . . . . . $13,206,000
Safe Drinking Water Account -- State Appropriation . . . . . . . . . . . . $2,731,000
Drinking Water Assistance Account -- Federal
Appropriation . . . . . . . . . . . . $22,862,000
Waterworks Operator Certification -- State
Appropriation . . . . . . . . . . . . $1,522,000
Drinking Water Assistance Administrative Account --
State Appropriation . . . . . . . . . . . . $326,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . (($4,106,000))
$4,348,000
Medical Test Site Licensure Account -- State
Appropriation . . . . . . . . . . . . $2,261,000
Youth Tobacco Prevention Account -- State Appropriation . . . . . . . . . . . . $1,512,000
Public Health Supplemental Account -- Private/Local
Appropriation . . . . . . . . . . . . $3,804,000
Community and Economic Development Fee Account--State
Appropriation . . . . . . . . . . . . $298,000
Accident Account -- State Appropriation . . . . . . . . . . . . $292,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $48,000
Tobacco Prevention and Control Account -- State
Appropriation . . . . . . . . . . . . $41,196,000
Biotoxin Account--State Appropriation . . . . . . . . . . . . $1,163,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,085,763,000))
$1,076,697,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department of health shall not initiate any services that
will require expenditure of state general fund moneys unless expressly
authorized in this act or other law. The department of health and the
state board of health shall not implement any new or amended rules
pertaining to primary and secondary school facilities until the rules
and a final cost estimate have been presented to the legislature, and
the legislature has formally funded implementation of the rules through
the omnibus appropriations act or by statute. The department may seek,
receive, and spend, under RCW 43.79.260 through 43.79.282, federal
moneys not anticipated in this act as long as the federal funding does
not require expenditure of state moneys for the program in excess of
amounts anticipated in this act. If the department receives
unanticipated unrestricted federal moneys, those moneys shall be spent
for services authorized in this act or in any other legislation that
provides appropriation authority, and an equal amount of appropriated
state moneys shall lapse. Upon the lapsing of any moneys under this
subsection, the office of financial management shall notify the
legislative fiscal committees. As used in this subsection,
"unrestricted federal moneys" includes block grants and other funds
that federal law does not require to be spent on specifically defined
projects or matched on a formula basis by state funds.
(2) In accordance with RCW 43.70.250 and 43.135.055, the department
is authorized to establish and raise fees in fiscal year 2011 as
necessary to meet the actual costs of conducting business and the
appropriation levels in this section. This authorization applies to
fees for the review of sewage tank designs, fees related to regulation
and inspection of farmworker housing, and fees associated with the
following professions: Acupuncture, dental, denturist, mental health
counselor, nursing, nursing assistant, optometry, radiologic
technologist, recreational therapy, respiratory therapy, social worker,
cardiovascular invasive specialist, and practitioners authorized under
chapter 18.240 RCW.
(3) Pursuant to RCW 43.135.055 and RCW 43.70.250, the department is
authorized to establish fees by the amount necessary to fully support
the cost of activities related to the administration of long-term care
worker certification. The department is further authorized to increase
fees by the amount necessary to implement the regulatory requirements
of the following bills: House Bill No. 1414 (health care assistants),
House Bill No. 1740 (dental residency licenses), and House Bill No.
1899 (retired active physician licenses).
(4) $764,000 of the health professions account--state appropriation
is provided solely for the medical quality assurance commission to
maintain disciplinary staff and associated costs sufficient to reduce
the backlog of disciplinary cases and to continue to manage the
disciplinary caseload of the commission.
(5) $57,000 of the general fund--state appropriation for fiscal
year 2010 and (($58,000)) $54,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for the
midwifery licensure and regulatory program to offset a reduction in
revenue from fees. The department shall convene the midwifery advisory
committee on a quarterly basis to address issues related to licensed
midwifery. The appropriations in this section assume that the current
application and renewal fee for midwives shall be increased by fifty
dollars and all other fees for midwives be adjusted accordingly.
(6) Funding for the human papillomavirus vaccine shall not be
included in the department's universal vaccine purchase program in
fiscal year 2010. Remaining funds for the universal vaccine purchase
program shall be used to continue the purchase of all other vaccines
included in the program until May 1, 2010, at which point state funding
for the universal vaccine purchase program shall be discontinued.
(7) Beginning July 1, 2010, the department, in collaboration with
the department of social and health services, shall maximize the use of
existing federal funds, including section 317 of the federal public
health services act direct assistance as well as federal funds that may
become available under the American recovery and reinvestment act, in
order to continue to provide immunizations for low-income, nonmedicaid
eligible children up to three hundred percent of the federal poverty
level in state-sponsored health programs.
(8) The department shall eliminate outreach activities for the
health care directives registry and use the remaining amounts to
maintain the contract for the registry and minimal staffing necessary
to administer the basic entry functions for the registry.
(9) Funding in this section reflects a temporary reduction of
resources for the 2009-11 fiscal biennium for the state board of health
to conduct health impact reviews.
(10) Pursuant to RCW 43.135.055 and 43.70.125, the department is
authorized to adopt rules to establish a fee schedule to apply to
applicants for initial certification surveys of health care facilities
for purposes of receiving federal health care program reimbursement.
The fees shall only apply when the department has determined that
federal funding is not sufficient to compensate the department for the
cost of conducting initial certification surveys. The fees for initial
certification surveys may be established as follows: Up to $1,815 for
ambulatory surgery centers, up to $2,015 for critical access hospitals,
up to $980 for end stage renal disease facilities, up to $2,285 for
home health agencies, up to $2,285 for hospice agencies, up to $2,285
for hospitals, up to $520 for rehabilitation facilities, up to $690 for
rural health clinics, and up to $7,000 for transplant hospitals.
(11) Funding for family planning grants for fiscal year 2011 is
reduced in the expectation that federal funding shall become available
to expand coverage of services for individuals through programs at the
department of social and health services. In the event that such
funding is not provided, the legislature intends to continue funding
through a supplemental appropriation at fiscal year 2010 levels.
(($4,500,000)) $4,360,000 of the general fund--state appropriation is
provided solely for the department of health-funded family planning
clinic grants due to federal funding not becoming available.
(12) $16,000,000 of the tobacco prevention and control account--state appropriation is provided solely for local health jurisdictions
to conduct core public health functions as defined in RCW 43.70.514.
(13) $100,000 of the health professions account appropriation is
provided solely for implementation of Substitute House Bill No. 1414
(health care assistants). If the bill is not enacted by June 30, 2009,
the amount provided in this subsection shall lapse.
(14) $42,000 of the health professions account--state appropriation
is provided solely to implement Substitute House Bill No. 1740
(dentistry license issuance). If the bill is not enacted by June 30,
2009, the amount provided in this section shall lapse.
(15) $23,000 of the health professions account--state appropriation
is provided solely to implement Second Substitute House Bill No. 1899
(retired active physician licenses). If the bill is not enacted by
June 30, 2009, the amount provided in this section shall lapse.
(16) $12,000 of the general fund--state appropriation for fiscal
year 2010 and $67,000 of the general fund--private/local appropriation
are provided solely to implement House Bill No. 1510 (birth
certificates). If the bill is not enacted by June 30, 2009, the amount
provided in this section shall lapse.
(17) $31,000 of the health professions account is provided for the
implementation of Second Substitute Senate Bill No. 5850 (human
trafficking). If the bill is not enacted by June 2009, the amount
provided in this subsection shall lapse.
(18) $282,000 of the health professions account is provided for the
implementation of Substitute Senate Bill No. 5752 (dentists cost
recovery). If the bill is not enacted by June 2009, the amount
provided in this subsection shall lapse.
(19) $106,000 of the health professions account is provided for the
implementation of Substitute Senate Bill No. 5601 (speech language
assistants). If the bill is not enacted by June 2009, the amount
provided in this subsection shall lapse.
(20) Subject to existing resources, the department of health is
encouraged to examine, in the ordinary course of business, current and
prospective programs, treatments, education, and awareness of
cardiovascular disease that are needed for a thriving and healthy
Washington.
(21) $390,000 of the health professions account--state
appropriation is provided solely to implement chapter 169, Laws of 2010
(nursing assistants). The amount provided in this subsection is from
fee revenue authorized by Engrossed Substitute Senate Bill No. 6582.
(22) $10,000 of the health professions account--state appropriation
for fiscal year 2010 and $40,000 of the health professions
account--state appropriation for fiscal year 2011 are provided solely
for the department to study cost effective options for collecting
demographic data related to the health care professions workforce to be
submitted to the legislature by December 1, 2010.
(23) $66,000 of the health professions account--state appropriation
is provided solely to implement chapter 209, Laws of 2010 (pain
management).
(24) $10,000 of the health professions account--state appropriation
is provided solely to implement chapter 92, Laws of 2010
(cardiovascular invasive specialists).
(25) $23,000 of the general fund--state appropriation is provided
solely to implement chapter 182, Laws of 2010 (tracking ephedrine,
etc.).
(26) The department is authorized to coordinate a tobacco cessation
media campaign using all appropriate media with the purpose of
maximizing the use of quit-line services and youth smoking prevention.
(27) It is the intent of the legislature that the reductions in
appropriations to the AIDS/HIV programs shall be achieved, to the
greatest extent possible, by reducing those state government
administrative costs that do not affect direct client services or
direct service delivery or programs. The agency shall, to the greatest
extent possible, reduce spending in those areas that shall have the
least impact on implementing these programs.
(28) $400,000 of the state toxics control account--state
appropriation is provided solely for granting to a willing local public
entity to provide emergency water supplies or water treatment for
households with individuals at high public health risk from nitrate-contaminated wells in the lower Yakima basin.
(29) $100,000 of the state toxics control account--state
appropriation is provided solely for an interagency contract to the
department of ecology to grant to agencies involved in improving
groundwater quality in the lower Yakima Valley. These agencies will
develop a local plan for improving water quality and reducing nitrate
contamination. The department of ecology will report to the
appropriate committees of the legislature and to the office of
financial management no later than December 1, 2010, summarizing
progress towards developing and implementing this plan.
(30) In accordance with RCW 43.135.055, the department is
authorized to adopt and increase all fees set forth in and previously
authorized in section 221(2), chapter 37, Laws of 2010 1st sp.s.
Sec. 220 2010 2nd sp.s. c 1 s 214 (uncodified) is amended to read
as follows:
FOR THE DEPARTMENT OF CORRECTIONS
(1) ADMINISTRATION AND SUPPORT SERVICES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $55,772,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . $51,929,000
TOTAL APPROPRIATION . . . . . . . . . . . . $107,701,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) Within funds appropriated in this section, the department shall
seek contracts for chemical dependency vendors to provide chemical
dependency treatment of offenders in corrections facilities, including
corrections centers and community supervision facilities, which have
demonstrated effectiveness in treatment of offenders and are able to
provide data to show a successful treatment rate.
(b) $35,000 of the general fund--state appropriation for fiscal
year 2010 and $35,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the support of a statewide
council on mentally ill offenders that includes as its members
representatives of community-based mental health treatment programs,
current or former judicial officers, and directors and commanders of
city and county jails and state prison facilities. The council will
investigate and promote cost-effective approaches to meeting the long-term needs of adults and juveniles with mental disorders who have a
history of offending or who are at-risk of offending, including their
mental health, physiological, housing, employment, and job training
needs.
(2) CORRECTIONAL OPERATIONS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $458,503,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($562,483,000))
$562,084,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($186,719,000))
$186,651,000
Washington Auto Theft Prevention Authority Account--
State Appropriation . . . . . . . . . . . . $5,936,000
State Efficiency and Restructuring Account--State
Appropriation . . . . . . . . . . . . $34,522,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,248,163,000))
$1,247,696,000
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 a recovery
of costs.
(b) The department shall accomplish personnel reductions with the
least possible impact on correctional custody staff, community custody
staff, and correctional industries. For the purposes of this
subsection, correctional custody staff means employees responsible for
the direct supervision of offenders.
(c) During the 2009-11 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.
(d) The Harborview medical center and the University of Washington
medical center shall provide inpatient and outpatient hospital services
to offenders confined in department of corrections facilities at a rate
no greater than the average rate that the department has negotiated
with other community hospitals in Washington state.
(e) A political subdivision which is applying for funding to
mitigate one-time impacts associated with construction or expansion of
a correctional institution, consistent with WAC 137-12A-030, may apply
for the mitigation funds in the fiscal biennium in which the impacts
occur or in the immediately succeeding fiscal biennium.
(f) Within amounts provided in this subsection, the department,
jointly with the department of social and health services, shall
identify the number of offenders released through the extraordinary
medical placement program, the cost savings to the department of
corrections, including estimated medical cost savings, and the costs
for medical services in the community incurred by the department of
social and health services. The department and the department of
social and health services shall jointly report to the office of
financial management and the appropriate fiscal committees of the
legislature by November 30, 2010.
(g) $11,863,000 of the general fund--state appropriation for fiscal
year 2010, (($7,467,000)) $7,953,000 of the general fund--state
appropriation for fiscal year 2011, and $2,336,000 of the general fund-
private/local appropriation are provided solely for in-prison evidence-based programs and for the reception diagnostic center program as part
of the offender re-entry initiative.
(h) The appropriations in this subsection are based on savings
assumed from the closure of the McNeil Island corrections center, the
Ahtanum View corrections center, and the Pine Lodge corrections center
for women.
(3) COMMUNITY SUPERVISION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $150,729,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($134,744,000))
$134,840,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($285,473,000))
$285,569,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) The department shall accomplish personnel reductions with the
least possible impact on correctional custody staff, community custody
staff, and correctional industries. For the purposes of this
subsection, correctional custody staff means employees responsible for
the direct supervision of offenders.
(b) $2,083,000 of the general fund--state appropriation for fiscal
year 2010 and $2,083,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to implement Senate Bill No. 5525
(state institutions/release). If the bill is not enacted by June 30,
2009, the amounts provided in this subsection shall lapse.
(c) The appropriations in this subsection are based upon savings
assumed from the implementation of Engrossed Substitute Senate Bill No.
5288 (supervision of offenders).
(d) $2,791,000 of the general fund--state appropriation for fiscal
year 2010 and (($3,166,000)) $2,680,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for evidence-based community programs and for community justice centers as part of
the offender re-entry initiative.
(e) $418,300 of the general fund--state appropriation for fiscal
year 2010 is provided solely for the purposes of settling all claims in
Hilda Solis, Secretary of Labor, United States Department of Labor v.
State of Washington, Department of Corrections, United States District
Court, Western District of Washington, Cause No. C08-cv-05362-RJB. The
expenditure of this amount is contingent on the release of all claims
in the case, and total settlement costs shall not exceed the amount
provided in this subsection. If settlement is not fully executed by
June 30, 2010, the amount provided in this subsection shall lapse.
(f) $984,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for supplemental services that will be
provided to offenders in lieu of a prison sentence, pursuant to chapter
224, Laws of 2010 (confinement alternatives).
(4) CORRECTIONAL INDUSTRIES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $2,574,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . $2,441,000
TOTAL APPROPRIATION . . . . . . . . . . . . $5,015,000
The appropriations in this subsection are subject to the following
conditions and limitations: $132,000 of the general fund--state
appropriation for fiscal year 2010 and $132,000 of the general fund--state appropriation for fiscal year 2011 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 2010) . . . . . . . . . . . . $40,728,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . $38,629,000
TOTAL APPROPRIATION . . . . . . . . . . . . $79,357,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(a) The state prison institutions may use funds appropriated in
this subsection to rent uniforms from correctional industries in
accordance with existing legislative mandates.
(b) The state prison medical facilities may use funds appropriated
in this subsection to purchase goods and supplies through hospital or
other group purchasing organizations when it is cost effective to do
so.
(6) Funding in this section may not be used to purchase radios or
base station repeaters related to the movement to narrowband
frequencies, or for reprogramming existing narrowband radios.
Sec. 221 2010 1st sp.s. c 37 s 224 (uncodified) is amended to
read as follows:
FOR THE DEPARTMENT OF SERVICES FOR THE BLIND
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $2,504,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($2,390,000))
$2,160,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $18,116,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $30,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($23,040,000))
$22,810,000
((The amounts appropriated in this section are subject to the
following conditions and limitations: Sufficient amounts are
appropriated in this section to support contracts for services that
provide employment support and help with life activities for deaf and
blind individuals in King county.))
Sec. 222 2010 1st sp.s. c 37 s 225 (uncodified) is amended to
read as follows:
FOR THE SENTENCING GUIDELINES COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $962,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($948,000))
$844,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,910,000))
$1,806,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Within the amounts appropriated in this section, the sentencing
guidelines commission, in partnership with the courts, shall develop a
plan to implement an evidence-based system of community custody for
adult felons that will include the consistent use of evidence-based
risk and needs assessment tools, programs, supervision modalities, and
monitoring of program integrity. The plan for the evidence-based
system of community custody shall include provisions for identifying
cost-effective rehabilitative programs; identifying offenders for whom
such programs would be cost-effective; monitoring the system for cost-effectiveness; and reporting annually to the legislature. In
developing the plan, the sentencing guidelines shall consult with: The
Washington state institute for public policy; the legislature; the
department of corrections; local governments; prosecutors; defense
attorneys; victim advocate groups; law enforcement; the Washington
federation of state employees; and other interested entities. The
sentencing guidelines commission shall report its recommendations to
the governor and the legislature by December 1, 2009.
(2)(a) Except as provided in subsection (b), during the 2009-11
biennium, the reports required by RCW 9.94A.480(2) and 9.94A.850(2) (d)
and (h) shall be prepared within the available funds and may be delayed
or suspended at the discretion of the commission.
(b) The commission shall submit the analysis described in section
15 of Engrossed Substitute Senate Bill No. 5288 no later than December
1, 2011.
(3) Within the amounts appropriated in this section, the sentencing
guidelines commission shall survey the practices of other states
relating to offenders who violate any conditions of their community
custody. In conducting the survey, the sentencing guidelines
commission shall perform a review of the research studies to determine
if a mandatory minimum confinement policy is an evidence-based
practice, investigate the implementation of such a policy in other
states, and estimate the fiscal impacts of implementing such a policy
in Washington state. The sentencing guidelines commission shall report
its findings to the governor and the legislature by December 1, 2010.
Sec. 223 2010 1st sp.s. c 37 s 226 (uncodified) is amended to
read as follows:
FOR THE EMPLOYMENT SECURITY DEPARTMENT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $2,054,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($5,053,000))
$4,735,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $324,135,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $33,640,000
Unemployment Compensation Administration Account --
Federal Appropriation . . . . . . . . . . . . (($362,740,000))
$348,000,000
Administrative Contingency Account -- State Appropriation . . . . . . . . . . . . $345,000
Employment Service Administrative Account -- State
Appropriation . . . . . . . . . . . . $37,775,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($765,742,000))
$750,684,000
The appropriations in this subsection are subject to the following
conditions and limitations:
(1) $59,829,000 of the unemployment compensation administration
account -- federal appropriation is provided from amounts made available
to the state by section 903(d) and (f) of the social security act (Reed
act). This amount is authorized to continue current unemployment
insurance functions and department services to employers and job
seekers.
(2) (($32,067,000)) $17,327,000 of the unemployment compensation
administration account--federal appropriation is provided from amounts
made available to the state by section 903(d) and (f) of the social
security act (Reed act). This amount is authorized to fund the
replacement of the unemployment insurance tax information system
(TAXIS) for the employment security department. This section is
subject to section 902 of this act. After the effective date of this
section, the employment security department may not incur further
obligations for the replacement of the unemployment insurance tax
information system (TAXIS). Nothing in this act prohibits the
department from meeting obligations incurred prior to the effective
date of this section.
(3) $110,000 of the unemployment compensation administration
account--federal appropriation is provided solely for implementation of
Senate Bill No. 5804 (leaving part time work voluntarily).
(4) $1,263,000 of the unemployment compensation administration
account--federal appropriation is provided solely for implementation of
Senate Bill No. 5963 (unemployment insurance).
(5) $159,000 of the unemployment compensation account--federal
appropriation is provided solely for the implementation of House Bill
No. 1555 (underground economy) from funds made available to the state
by section 903(d) of the social security act (Reed act).
(6) $295,000 of the administrative contingency--state appropriation
for fiscal year 2010 is provided solely for the implementation of House
Bill No. 2227 (evergreen jobs act).
(7) (($7,000,000)) $2,000,000 of the general fund--state
appropriation for fiscal year 2010 ((is)) and $4,682,000 of the general
fund--state appropriation for fiscal year 2011 are provided solely for
the implementation of Senate Bill No. 5809 (WorkForce employment and
training).
(8) $444,000 of the unemployment compensation administration
account--federal appropriation is provided solely for the
implementation of Substitute Senate Bill No. 6524 (unemployment
insurance penalties and contribution rates) from funds made available
to the state by section 903 (d) or (f) of the social security act (Reed
12 act). If the bill is not enacted by June 30, 2010, the amount
provided in this subsection shall lapse.
(9) $232,000 of the unemployment compensation administration
account--federal appropriation from funds made available to the state
by section 903(c) or (f) of the social security act (Reed act) is
provided solely for the implementation of Substitute House Bill No.
2789 (underground economic activity). If the bill is not enacted by
June 30, 2010, the amount provided in this subsection shall lapse.
Sec. 301 2010 2nd sp.s. c 1 s 302 (uncodified) is amended to read
as follows:
FOR THE DEPARTMENT OF ECOLOGY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $58,552,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . $46,925,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $82,079,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $16,688,000
Special Grass Seed Burning Research Account -- State
Appropriation . . . . . . . . . . . . $14,000
Reclamation Account -- State Appropriation . . . . . . . . . . . . $3,649,000
Flood Control Assistance Account -- State Appropriation . . . . . . . . . . . . $1,943,000
State Emergency Water Projects Revolving Account--
State Appropriation . . . . . . . . . . . . $240,000
Waste Reduction/Recycling/Litter Control -- State
Appropriation . . . . . . . . . . . . $12,467,000
State Drought Preparedness Account--State
Appropriation . . . . . . . . . . . . $4,000,000
State and Local Improvements Revolving Account
(Water Supply Facilities) -- State Appropriation . . . . . . . . . . . . $424,000
Freshwater Aquatic Algae Control Account -- State
Appropriation . . . . . . . . . . . . $508,000
Water Rights Tracking System Account -- State
Appropriation . . . . . . . . . . . . $116,000
Site Closure Account -- State Appropriation . . . . . . . . . . . . $922,000
Wood Stove Education and Enforcement Account -- State
Appropriation . . . . . . . . . . . . (($612,000))
$582,000
Worker and Community Right-to-Know Account -- State
Appropriation . . . . . . . . . . . . $1,663,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $106,642,000
State Toxics Control Account -- Private/Local
Appropriation . . . . . . . . . . . . $379,000
Local Toxics Control Account -- State Appropriation . . . . . . . . . . . . $24,690,000
Water Quality Permit Account -- State Appropriation . . . . . . . . . . . . $37,018,000
Underground Storage Tank Account -- State
Appropriation . . . . . . . . . . . . $3,270,000
Biosolids Permit Account -- State Appropriation . . . . . . . . . . . . $1,866,000
Hazardous Waste Assistance Account -- State
Appropriation . . . . . . . . . . . . $5,880,000
Air Pollution Control Account -- State Appropriation . . . . . . . . . . . . (($2,111,000))
$1,565,000
Oil Spill Prevention Account -- State Appropriation . . . . . . . . . . . . $10,599,000
Air Operating Permit Account -- State Appropriation . . . . . . . . . . . . $2,758,000
Freshwater Aquatic Weeds Account -- State Appropriation . . . . . . . . . . . . $1,693,000
Oil Spill Response Account -- State Appropriation . . . . . . . . . . . . $7,077,000
Metals Mining Account -- State Appropriation . . . . . . . . . . . . $14,000
Water Pollution Control Revolving Account -- State
Appropriation . . . . . . . . . . . . $535,000
Water Pollution Control Revolving Account -- Federal
Appropriation . . . . . . . . . . . . $2,210,000
Water Rights Processing Account--State Appropriation . . . . . . . . . . . . $68,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($437,612,000))
$437,036,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $170,000 of the oil spill prevention account--state
appropriation is provided solely for a contract with the University of
Washington's sea grant program to continue an educational program
targeted to small spills from commercial fishing vessels, ferries,
cruise ships, ports, and marinas.
(2) $240,000 of the woodstove education and enforcement account--state appropriation is provided solely for citizen outreach efforts to
improve understanding of burn curtailments, the proper use of wood
heating devices, and public awareness of the adverse health effects of
woodsmoke pollution.
(3) $3,000,000 of the general fund--private/local appropriation is
provided solely for contracted toxic-site cleanup actions at sites
where multiple potentially liable parties agree to provide funding.
(4) $3,600,000 of the local toxics account--state appropriation is
provided solely for the standby emergency rescue tug stationed at Neah
Bay.
(5) $811,000 of the state toxics account--state appropriation is
provided solely for oversight of toxic cleanup at facilities that
treat, store, and dispose of hazardous wastes.
(6) $1,456,000 of the state toxics account--state appropriation is
provided solely for toxic cleanup at sites where willing parties
negotiate prepayment agreements with the department and provide
necessary funding.
(7) $558,000 of the state toxics account--state appropriation and
$3,000,000 of the local toxics account--state appropriation are
provided solely for grants and technical assistance to Puget Sound-area
local governments engaged in updating shoreline master programs.
(8) $950,000 of the state toxics control account--state
appropriation is provided solely for measuring water and habitat
quality to determine watershed health and assist salmon recovery,
beginning in fiscal year 2011.
(9) RCW 70.105.280 authorizes the department to assess reasonable
service charges against those facilities that store, treat, incinerate,
or dispose of dangerous or extremely hazardous waste that involves both
a nonradioactive hazardous component and a radioactive component.
Service charges may not exceed the costs to the department in carrying
out the duties in RCW 70.105.280. The current service charges do not
meet the costs of the department to carry out its duties. Pursuant to
RCW 43.135.055 and 70.105.280, the department is authorized to increase
the service charges no greater than 18 percent for fiscal year 2010 and
no greater than 15 percent for fiscal year 2011. Such service charges
shall include all costs of public participation grants awarded to
qualified entities by the department pursuant to RCW 70.105D.070(5) for
facilities at which such grants are recognized as a component of a
community relations or public participation plan authorized or required
as an element of a consent order, federal facility agreement or agreed
order entered into or issued by the department pursuant to any federal
or state law governing investigation and remediation of releases of
hazardous substances. Public participation grants funded by such
service charges shall be in addition to, and not in place of, any other
grants made pursuant to RCW 70.105D.070(5). Costs for the public
participation grants shall be billed individually to the mixed waste
facility associated with the grant.
(10) The department is authorized to increase the following fees in
the 2009-2011 biennium as necessary to meet the actual costs of
conducting business and the appropriation levels in this section:
Environmental lab accreditation, dam safety and inspection, biosolids
permitting, air emissions new source review, and manufacturer
registration and renewal.
(11) $63,000 of the state toxics control account--state
appropriation is provided solely for implementation of Substitute
Senate Bill No. 5797 (solid waste handling permits). If the bill is
not enacted by June 30, 2009, the amount provided in this subsection
shall lapse.
(12) $225,000 of the general fund--state appropriation for fiscal
year 2010 and (($193,000)) $181,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for
implementation of Engrossed Second Substitute Bill No. 5560 (agency
climate leadership). If the bill is not enacted by June 30, 2009, the
amounts provided in this subsection shall lapse.
(13) $150,000 of the general fund--state appropriation for fiscal
year 2010 and (($150,000)) $141,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for watershed
planning implementation grants to continue ongoing efforts to develop
and implement water agreements in the Nooksack Basin and the Bertrand
watershed. These amounts are intended to support project
administration; monitoring; negotiations in the Nooksack watershed
between tribes, the department, and affected water users; continued
implementation of a flow augmentation project; plan implementation in
the Fishtrap watershed; and the development of a water bank.
(14) $215,000 of the general fund--state appropriation for fiscal
year 2010 and (($235,000)) $220,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely to provide
watershed planning implementation grants for WRIA 32 to implement
Substitute House Bill No. 1580 (pilot local water management program).
If the bill is not enacted by June 30, 2009, the amounts provided in
this subsection shall lapse.
(15) $200,000 of the general fund--state appropriation for fiscal
year 2010 and (($200,000)) $187,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for the purpose
of supporting the trust water rights program and processing trust water
right transfer applications that improve instream flow.
(16)(a) The department shall convene a stock water working group
that includes: Legislators, four members representing agricultural
interests, three members representing environmental interests, the
attorney general or designee, the director of the department of ecology
or designee, the director of the department of agriculture or designee,
and affected federally recognized tribes shall be invited to send
participants.
(b) The group shall review issues surrounding the use of permit-exempt wells for stock-watering purposes and may develop
recommendations for legislative action.
(c) The working group shall meet periodically and report its
activities and recommendations to the governor and the appropriate
legislative committees by December 1, 2009.
(17) $73,000 of the water quality permit account--state
appropriation is provided solely to implement Substitute House Bill No.
1413 (water discharge fees). If the bill is not enacted by June 30,
2009, the amount provided in this subsection shall lapse.
(18) The department shall continue to work with the Columbia Snake
River irrigators' association to determine how seasonal water operation
and maintenance conservation can be utilized. In implementing this
proviso, the department shall also consult with the Columbia River
policy advisory group as appropriate.
(19) The department shall track any changes in costs, wages, and
benefits that would have resulted if House Bill No. 1716 (public
contract living wages), as introduced in the 2009 regular session of
the legislature, were enacted and made applicable to contracts and
related subcontracts entered into, renewed, or extended during the
2009-11 biennium. The department shall submit a report to the house of
representatives commerce and labor committee and the senate labor,
commerce, and consumer protection committee by December 1, 2011. The
report shall include data on any aggregate changes in wages and
benefits that would have resulted during the 2009-11 biennium.
(20) Within amounts appropriated in this section the department
shall develop recommendations by December 1, 2009, for a convenient and
effective mercury-containing light recycling program for residents,
small businesses, and small school districts throughout the state. The
department shall consider options including but not limited to, a
producer-funded program, a recycler-supported or recycle fee program,
a consumer fee at the time of purchase, general fund appropriations, or
a currently existing dedicated account. The department shall involve
and consult with stakeholders including persons who represent
retailers, waste haulers, recyclers, mercury-containing light
manufacturers or wholesalers, cities, counties, environmental
organizations and other interested parties. The department shall
report its findings and recommendations for a recycling program for
mercury-containing lights to the appropriate committees of the
legislature by December 1, 2009.
(21) $140,000 of the freshwater aquatic algae control account--state appropriation is provided solely for grants to cities, counties,
tribes, special purpose districts, and state agencies for capital and
operational expenses used to manage and study excessive saltwater algae
with an emphasis on the periodic accumulation of sea lettuce on Puget
Sound beaches.
(22) By December 1, 2009, the department in consultation with local
governments shall conduct a remedial action grant financing
alternatives report. The report shall address options for financing the
remedial action grants identified in the department's report, entitled
"House Bill 1761, Model Toxics Control Accounts Ten-Year Financing
Plan" and shall include but not be limited to the following: (a)
Capitalizing cleanup costs using debt insurance; (b) capitalizing
cleanup costs using prefunded cost-cap insurance; (c) other contractual
instruments with local governments; and (d) an assessment of overall
economic benefits of the remedial action grants funded using the
instruments identified in this section.
(23) $220,000 of the site closure account--state appropriation is
provided solely for litigation expenses associated with the lawsuit
filed by energy solutions, inc., against the Northwest interstate
compact on low-level radioactive waste management and its executive
director.
(24) $68,000 of the water rights processing account--state
appropriation is provided solely for implementation of Engrossed Second
Substitute Senate Bill No. 6267 (water rights processing). If the bill
is not enacted by June 30, 2010, the amount provided in this subsection
shall lapse.
(25) $10,000 of the state toxics control account--state
appropriation is provided solely for implementation of Engrossed
Substitute Senate Bill No. 5543 (mercury-containing lights). If the
bill is not enacted by June 30, 2010, the amount provided in this
subsection shall lapse.
(26) $300,000 of the state toxics control account--state
appropriation is provided solely for piloting and evaluating two
coordinated, multijurisdictional permitting teams for nontransportation
projects.
(27)(a) $4,000,000 of the state drought preparedness account--state
appropriation is provided solely for response to a drought declaration
pursuant to chapter 43.83B RCW. If such a drought declaration occurs,
the department of ecology may provide funding to public bodies as
defined in RCW 43.83B.050 in connection with projects and measures
designed to alleviate drought conditions that may affect public health
and safety, drinking water supplies, agricultural activities, or fish
and wildlife survival.
(b) Projects or measures for which funding will be provided must be
connected with a water system, water source, or water body that is
receiving, or has been projected to receive, less than seventy-five
percent of normal water supply, as the result of natural drought
conditions. This reduction in water supply must be such that it is
causing, or will cause, undue hardship for the entities or fish or
wildlife depending on the water supply. The department shall issue
guidelines outlining grant program and matching fund requirements
within ten days of a drought declaration.
(28) In accordance with RCW 43.135.055, the department is
authorized to increase the fees set forth in and previously authorized
in section 302(10), chapter 564, Laws of 2009.
(29) In accordance with RCW 43.135.055, the department is
authorized to adopt and increase the fees set forth in and previously
authorized in sections 3, 5, 7, and 12, chapter 285, Laws of 2010.
Sec. 302 2010 2nd sp.s. c 1 s 303 (uncodified) is amended to read
as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $23,176,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . $18,309,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $6,892,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $73,000
Winter Recreation Program Account -- State Appropriation . . . . . . . . . . . . $1,556,000
Off Road Vehicle Account -- State Appropriation . . . . . . . . . . . . $239,000
Snowmobile Account -- State Appropriation . . . . . . . . . . . . $4,842,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $368,000
Recreation Resources Account--State Appropriation . . . . . . . . . . . . (($9,802,000))
$9,469,000
NOVA Program Account--State Appropriation . . . . . . . . . . . . (($9,560,000))
$9,164,000
Parks Renewal and Stewardship Account -- State
Appropriation . . . . . . . . . . . . $72,975,000
Parks Renewal and Stewardship Account --
Private/Local Appropriation . . . . . . . . . . . . $300,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($148,092,000))
$147,363,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $79,000 of the general fund -- state appropriation for fiscal
year 2010 and (($79,000)) $74,000 of the general fund -- state
appropriation for fiscal year 2011 are provided solely for a grant for
the operation of the Northwest avalanche center.
(2) Proceeds received from voluntary donations given by motor
vehicle registration applicants shall be used solely for the operation
and maintenance of state parks.
(3) With the passage of Substitute House Bill No. 2339 (state parks
system donation), the legislature finds that it has provided sufficient
funds to ensure that all state parks remain open during the 2009-11
biennium. The commission shall not close state parks unless the bill
is not enacted by June 30, 2009, or revenue collections are
insufficient to fund the ongoing operation of state parks. By January
10, 2010, the commission shall provide a report to the legislature on
their budget and resources related to operating parks for the remainder
of the biennium.
(4) The commission shall work with the department of general
administration to evaluate the commission's existing leases with the
intention of increasing net revenue to state parks. The commission
shall provide to the office of financial management and the legislative
fiscal committees no later than September 30, 2009, a list of leases
the commission proposes be managed by the department of general
administration.
Sec. 303 2010 2nd sp.s. c 1 s 304 (uncodified) is amended to read
as follows:
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,486,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . $1,312,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($10,322,000))
$10,427,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $250,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $278,000
Firearms Range Account -- State Appropriation . . . . . . . . . . . . $39,000
Recreation Resources Account -- State Appropriation . . . . . . . . . . . . (($2,710,000))
$2,738,000
NOVA Program Account -- State Appropriation . . . . . . . . . . . . (($1,049,000))
$1,059,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($17,446,000))
$17,589,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $204,000 of the general fund--state appropriation for fiscal
year 2010 and (($244,000)) $194,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for the
implementation of Substitute House Bill No. 2157 (salmon recovery). If
the bill is not enacted by June 30, 2009, the amounts provided in this
subsection shall lapse.
(2) The recreation and conservation office, under the direction of
the salmon recovery funding board, shall assess watershed and regional-scale capacity issues relating to the support and implementation of
salmon recovery. The assessment shall examine priority setting and
incentives to further promote coordination to ensure that effective and
efficient mechanisms for delivery of salmon recovery funding board
funds are being utilized. The salmon recovery funding board shall
distribute its operational funding to the appropriate entities based on
this assessment.
(3) The recreation and conservation office shall negotiate an
agreement with the Puget Sound partnership to consolidate or share
certain administrative functions currently performed by each agency
independently. The agencies shall proportionately share the costs of
such shared functions. Examples of shared functions may include, but
are not limited to, support for personnel, information technology,
grant and contract management, invasive species work, legislative
coordination, and policy and administrative support of various boards
and councils.
Sec. 304 2010 2nd sp.s. c 1 s 307 (uncodified) is amended to read
as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $41,263,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . $30,560,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($85,799,000))
$88,799,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $47,211,000
Off Road Vehicle Account -- State Appropriation . . . . . . . . . . . . $413,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $6,739,000
Recreational Fisheries Enhancement -- State
Appropriation . . . . . . . . . . . . $3,472,000
Warm Water Game Fish Account -- State Appropriation . . . . . . . . . . . . $2,861,000
Eastern Washington Pheasant Enhancement Account --
State Appropriation . . . . . . . . . . . . $851,000
Aquatic Invasive Species Enforcement Account -- State
Appropriation . . . . . . . . . . . . $207,000
Aquatic Invasive Species Prevention Account -- State
Appropriation . . . . . . . . . . . . $833,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . (($86,878,000))
$86,998,000
Wildlife Account--Federal Appropriation . . . . . . . . . . . . $101,000
Wildlife Account--Private/Local Appropriation . . . . . . . . . . . . $39,000
Game Special Wildlife Account -- State Appropriation . . . . . . . . . . . . $2,367,000
Game Special Wildlife Account -- Federal Appropriation . . . . . . . . . . . . $3,426,000
Game Special Wildlife Account -- Private/Local
Appropriation . . . . . . . . . . . . $487,000
Wildlife Rehabilitation Account -- State Appropriation . . . . . . . . . . . . $269,000
Regional Fisheries Salmonid Recovery Account --
Federal Appropriation . . . . . . . . . . . . $5,001,000
Oil Spill Prevention Account -- State Appropriation . . . . . . . . . . . . $876,000
Oyster Reserve Land Account -- State Appropriation . . . . . . . . . . . . $916,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($320,569,000))
$323,689,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $294,000 of the aquatic lands enhancement account -- state
appropriation is provided solely for the implementation of hatchery
reform recommendations defined by the hatchery scientific review group.
(2) $355,000 of the general fund--state appropriation for fiscal
year 2010 and $422,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the department to implement a
pilot project with the Confederated Tribes of the Colville Reservation
to develop expanded recreational fishing opportunities on Lake Rufus
Woods and its northern shoreline and to conduct joint enforcement of
lake fisheries on Lake Rufus Woods and adjoining waters, pursuant to
state and tribal intergovernmental agreements developed under the
Columbia River water supply program. For the purposes of the pilot
project:
(a) A fishing permit issued to a nontribal member by the Colville
Tribes shall satisfy the license requirement of RCW 77.32.010 on the
waters of Lake Rufus Woods and on the north shore of Lake Rufus Woods;
(b) The Colville Tribes have agreed to provide to holders of its
nontribal member fishing permits a means to demonstrate that fish in
their possession were lawfully taken in Lake Rufus Woods;
(c) A Colville tribal member identification card shall satisfy the
license requirement of RCW 77.32.010 on all waters of Lake Rufus Woods;
(d) The department and the Colville Tribes shall jointly designate
fishing areas on the north shore of Lake Rufus Woods for the purposes
of enhancing access to the recreational fisheries on the lake; and
(e) The Colville Tribes have agreed to recognize a fishing license
issued under RCW 77.32.470 or RCW 77.32.490 as satisfying the nontribal
member fishing permit requirements of Colville tribal law on the
reservation portion of the waters of Lake Rufus Woods and at designated
fishing areas on the north shore of Lake Rufus Woods;
(3) Prior to submitting its 2011-2013 biennial operating and
capital budget request related to state fish hatcheries to the office
of financial management, the department shall contract with the
hatchery scientific review group (HSRG) to review this request. This
review shall: (a) Determine if the proposed requests are consistent
with HSRG recommendations; (b) prioritize the components of the
requests based on their contributions to protecting wild salmonid
stocks and meeting the recommendations of the HSRG; and (c) evaluate
whether the proposed requests are being made in the most cost effective
manner. The department shall provide a copy of the HSRG review to the
office of financial management with their agency budget proposal.
(4) Within existing funds, the department shall continue
implementing its capital program action plan dated September 1, 2007,
including the purchase of the necessary maintenance and support costs
for the capital programs and engineering tools. The department shall
report to the office of financial management and the appropriate
committees of the legislature, its progress in implementing the plan,
including improvements instituted in its capital program, by September
30, 2010.
(5) $1,232,000 of the state wildlife account--state appropriation
is provided solely to implement Substitute House Bill No. 1778 (fish
and wildlife). If the bill is not enacted by June 30, 2009, the amount
provided in this subsection shall lapse.
(6) $400,000 of the general fund -- state appropriation for fiscal
year 2010 and $400,000 of the general fund -- state appropriation for
fiscal year 2011 are provided solely for a state match to support the
Puget Sound nearshore partnership between the department and the U.S.
army corps of engineers.
(7) $50,000 of the general fund--state appropriation for fiscal
year 2010 and $50,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for removal of derelict gear in
Washington waters.
(8) The department of fish and wildlife shall dispose of all Cessna
aircraft it currently owns. The proceeds from the aircraft shall be
deposited into the state wildlife account. Disposal of the aircraft
must occur no later than June 30, 2010. The department shall
coordinate with the department of natural resources on the installation
of fire surveillance equipment into its Partenavia aircraft. The
department shall make its Partenavia aircraft available to the
department of natural resources on a cost-reimbursement basis for its
use in coordinating fire suppression efforts. The two agencies shall
develop an interagency agreement that defines how they will share
access to the plane.
(9) $50,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for an electron project fish passage study
consistent with the recommendations and protocols contained in the 2008
electron project downstream fish passage final report.
(10) $60,000 of the general fund--state appropriation for fiscal
year 2010 and $60,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for implementation of Engrossed
Second Substitute Bill No. 5560 (agency climate leadership). If the
bill is not enacted by June 30, 2009, the amounts provided in this
subsection shall lapse.
(11) If sufficient new revenues are not identified to continue
hatchery operations, within the constraints of legally binding tribal
agreements, the department shall dispose of, by removal, sale, lease,
reversion, or transfer of ownership, the following hatcheries:
McKernan, Colville, Omak, Bellingham, Arlington, and Mossyrock.
Disposal of the hatcheries must occur by June 30, 2011, and any
proceeds received from disposal shall be deposited in the state
wildlife account. Within available funds, the department shall provide
quarterly reports on the progress of disposal to the office of
financial management and the appropriate fiscal committees of the
legislature. The first report shall be submitted no later than
September 30, 2009.
(12) $100,000 of the eastern Washington pheasant enhancement
account--state appropriation is provided solely for the department to
support efforts to enhance permanent and temporary pheasant habitat on
public and private lands in Grant, Franklin, and Adams counties. The
department may support efforts by entities including conservation
districts, nonprofit organizations, and landowners, and must require
such entities to provide significant nonstate matching resources, which
may be in the form of funds, material, or labor.
(13) Within the amounts appropriated in this section, the
department of fish and wildlife shall develop a method for allocating
its administrative and overhead costs proportionate to program fund
use. As part of its 2011-2013 biennial operating budget, the
department shall submit a decision package that rebalances expenditure
authority for all agency funds based upon proportionate contributions.
(14) Within the amounts appropriated in this section, the
department shall identify additional opportunities for partnerships in
order to keep fish hatcheries operational. Such partnerships shall aim
to maintain fish production and salmon recovery with less reliance on
state operating funds.
(15) Within the amounts appropriated in this section, the
department shall work with stakeholders to develop a long-term funding
model that sustains the department's work of conserving species and
habitat, providing sustainable recreational and commercial
opportunities and using sound business practices. The funding model
analysis shall assess the appropriate uses of each fund source and
whether the department's current and projected revenue levels are
adequate to sustain its current programs. The department shall report
its recommended funding model including supporting analysis and
stakeholder participation summary to the office of financial management
and the appropriate committees of the legislature by October 1, 2010.
(16) By October 1, 2010, the department shall enter into an
interagency agreement with the department of natural resources for land
management services for the department's wildlife conservation and
recreation lands. Land management services may include but are not
limited to records management, real estate services such as surveying,
and land acquisition and disposal services. The interagency agreement
shall describe business processes, service delivery expectations, cost,
and timing. In the agreement, the department shall define its roles
and responsibilities. A draft agreement shall be submitted to the
office of financial management and the appropriate fiscal committees of
the legislature by July 1, 2010.
(17) Prior to opening game management unit 490 to public hunting,
the department shall complete an environmental impact statement that
includes an assessment of how public hunting activities will impact the
ongoing protection of the public water supply.
(18) The department must work with appropriate stakeholders to
facilitate the disposition of salmon to best utilize the resource,
increase revenues to regional fisheries enhancement groups, and enhance
the provision of nutrients to food banks. By November 1, 2010, the
department must provide a report to the appropriate committees of the
legislature summarizing these discussions, outcomes, and
recommendations. After November 1, 2010, the department shall not
solicit or award a surplus salmon disposal contract without first
giving due consideration to implementing the recommendations developed
during the stakeholder process.
(19) $50,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for increased fish production at Voight
Creek hatchery.
Sec. 305 2010 2nd sp.s. c 1 s 308 (uncodified) is amended to read
as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $48,822,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($33,387,000))
$37,321,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $28,784,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $2,369,000
Forest Development Account -- State Appropriation . . . . . . . . . . . . $41,640,000
Off Road Vehicle Account -- State Appropriation . . . . . . . . . . . . $4,406,000
Surveys and Maps Account -- State Appropriation . . . . . . . . . . . . $2,332,000
Aquatic Lands Enhancement Account -- State
Appropriation . . . . . . . . . . . . $8,315,000
Resources Management Cost Account -- State
Appropriation . . . . . . . . . . . . $78,704,000
Surface Mining Reclamation Account -- State
Appropriation . . . . . . . . . . . . $3,494,000
Disaster Response Account -- State Appropriation . . . . . . . . . . . . $5,000,000
Forest and Fish Support Account -- State Appropriation . . . . . . . . . . . . $8,000,000
Aquatic Land Dredged Material Disposal Site
Account -- State Appropriation . . . . . . . . . . . . $1,333,000
Natural Resources Conservation Areas Stewardship
Account -- State Appropriation . . . . . . . . . . . . $184,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $720,000
Air Pollution Control Account -- State Appropriation . . . . . . . . . . . . (($568,000))
$478,000
NOVA Program Account -- State Appropriation . . . . . . . . . . . . $974,000
Derelict Vessel Removal Account -- State Appropriation . . . . . . . . . . . . $1,749,000
Agricultural College Trust Management Account --
State Appropriation . . . . . . . . . . . . $1,941,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($272,722,000))
$276,566,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,355,000 of the general fund -- state appropriation for fiscal
year 2010 and (($349,000)) $327,000 of the general fund -- state
appropriation for fiscal year 2011 are provided solely for deposit into
the agricultural college trust management account and are provided
solely to manage approximately 70,700 acres of Washington State
University's agricultural college trust lands.
(2) $22,670,000 of the general fund -- state appropriation for fiscal
year 2010, (($11,128,000)) $15,089,000 of the general fund -- state
appropriation for fiscal year 2011, and $5,000,000 of the disaster
response account -- state appropriation are provided solely for emergency
fire suppression. None of the general fund and disaster response
account amounts provided in this subsection may be used to fund agency
indirect and administrative expenses. Agency indirect and
administrative costs shall be allocated among the agency's remaining
accounts and appropriations. The department of natural resources shall
submit a quarterly report to the office of financial management and the
legislative fiscal committees detailing information on current and
planned expenditures from the disaster response account. This work
shall be done in coordination with the military department.
(3) $5,000,000 of the forest and fish support account--state
appropriation is provided solely for adaptive management, monitoring,
and participation grants to tribes. If federal funding for this
purpose is reinstated, the amount provided in this subsection shall
lapse.
(4) $600,000 of the derelict vessel removal account--state
appropriation is provided solely for removal of derelict and abandoned
vessels that have the potential to contaminate Puget Sound.
(5) $666,000 of the general fund--federal appropriation is provided
solely to implement House Bill No. 2165 (forest biomass energy
project). If the bill is not enacted by June 30, 2009, the amount
provided in this subsection shall lapse.
(6) $5,000 of the general fund--state appropriation for fiscal year
2010 and $5,000 of the general fund--state appropriation for fiscal
year 2011 are provided solely to implement Substitute House Bill No.
1038 (specialized forest products). If the bill is not enacted by June
30, 2009, the amounts provided in this subsection shall lapse.
(7) $440,000 of the state general fund--state appropriation for
fiscal year 2010 and $440,000 of the state general fund--state
appropriation for fiscal year 2011 are provided solely for forest work
crews that support correctional camps and are contingent upon
continuing operations of Naselle youth camp at the level provided in
fiscal year 2008. The department shall consider using up to $2,000,000
of the general fund--federal appropriation to support and utilize
correctional camp crews to implement natural resource projects approved
by the federal government for federal stimulus funding.
(8) The department of natural resources shall dispose of the King
Air aircraft it currently owns. Before disposal and within existing
funds, the department shall transfer specialized equipment for fire
surveillance to the department of fish and wildlife's Partenavia
aircraft. Disposal of the aircraft must occur no later than June 30,
2010, and the proceeds from the sale of the aircraft shall be deposited
into the forest and fish support account. ((No later than June 30,
2011, the department shall lease facilities in eastern Washington
sufficient to house the necessary aircraft, mechanics, and pilots used
for forest fire prevention and suppression.))
(9) $30,000 of the general fund--state appropriation for fiscal
year 2010 and (($30,000)) $28,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for
implementation of Engrossed Second Substitute Bill No. 5560 (agency
climate leadership). If the bill is not enacted by June 30, 2009, the
amounts provided in this subsection shall lapse.
(10) $1,030,000 of the aquatic lands enhancement account--state
appropriation for fiscal year 2011 is provided solely for continuing
scientific studies already underway as part of the adaptive management
process. Funds may not be used to initiate new studies unless the
department secures new federal funding for the adaptive management
process.
(11) Within available funds, the department of natural resources
shall review the statutory method for determining aquatic lands lease
rates for private marinas, public marinas not owned and operated by
port districts, yacht clubs, and other entities leasing state land for
boat moorage. The review shall consider alternative methods for
determining rents for these entities for a fair distribution of rent,
consistent with the department management mandates for state aquatic
lands.
(12) (($40,000)) $37,000 of the general fund--state appropriation
for fiscal year 2011 and $100,000 of the aquatic lands enhancement
account--state appropriation are provided solely to install up to
twenty mooring buoys in Eagle Harbor and to remove abandoned boats,
floats, and other trespassing structures.
(13) By October 1, 2010, the department shall enter into an
interagency agreement with the department of fish and wildlife for
providing land management services on the department of fish and
wildlife's wildlife conservation and recreation lands. Land management
services may include but are not limited to records management, real
estate services such as surveying, and land acquisition and disposal
services. The interagency agreement shall describe business processes,
service delivery expectations, cost, and timing. A draft agreement
shall be submitted to the office of financial management and the
appropriate fiscal committees of the legislature by July 1, 2010.
(14) $41,000 of the forest development account--state
appropriation, $44,000 of the resources management cost account--state
appropriation, and $2,000 of the agricultural college trust management
account--state appropriation are provided solely for the implementation
of Second Substitute House Bill No. 2481 (DNR forest biomass
agreements). If the bill is not enacted by June 30, 2010, the amount
provided in this subsection shall lapse.
Sec. 306 2010 2nd sp.s. c 1 s 309 (uncodified) is amended to read
as follows:
FOR THE DEPARTMENT OF AGRICULTURE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $12,320,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($15,830,000))
$15,391,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($20,947,000))
$21,047,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $193,000
Aquatic Lands Enhancement Account -- State
Appropriation . . . . . . . . . . . . (($2,551,000))
$2,564,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $4,724,000
Water Quality Permit Account -- State Appropriation . . . . . . . . . . . . $61,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($56,626,000))
$56,300,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $350,000 of the aquatic lands enhancement account appropriation
is provided solely for funding to the Pacific county noxious weed
control board to eradicate remaining spartina in Willapa Bay.
(2) $19,000 of the general fund--state appropriation for fiscal
year 2010 and $6,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to implement Substitute Senate
Bill No. 5797 (solid waste handling permits). If the bill is not
enacted by June 30, 2009, the amounts provided in this subsection shall
lapse.
(3) The department is authorized to establish or increase the
following fees in the 2009-11 biennium as necessary to meet the actual
costs of conducting business: Christmas tree grower licensing, nursery
dealer licensing, plant pest inspection and testing, and commission
merchant licensing.
(4) (($5,420,000)) $5,179,000 of the general fund--state
appropriation for fiscal year 2011 and $2,782,000 of the general fund--federal appropriation are provided solely for implementation of
Substitute Senate Bill No. 6341 (food assistance/department of
agriculture). Within amounts appropriated in this subsection, $65,000
of the general fund--state appropriation for fiscal year 2011 is
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 this
contract. If the bill is not enacted by June 30, 2010, the amounts
provided in this subsection shall lapse.
(5) The department shall, if public or private funds are available,
partner with eligible public and private entities with experience in
food collection and distribution to review funding sources for eight
full-time volunteers in the AmeriCorps VISTA program to conduct
outreach to local growers, agricultural donors, and community
volunteers. Public and private partners shall also be utilized to
coordinate gleaning unharvested tree fruits and fresh produce for
distribution to individuals throughout Washington state.
(6) When reducing laboratory activities and functions, the
department shall not impact any research or analysis pertaining to
bees.
(7) The legislature intends to suspend the transfer of the state
general fund to the fair fund pursuant to RCW 15.76.115 during each
fiscal year of the 2011-2013 fiscal biennium.
Sec. 307 2010 2nd sp.s. c 1 s 310 (uncodified) is amended to read
as follows:
FOR THE PUGET SOUND PARTNERSHIP
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $3,143,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($2,684,000))
$2,184,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($7,214,000))
$8,096,000
Aquatic Lands Enhancement Account -- State Appropriation . . . . . . . . . . . . $493,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $794,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($14,328,000))
$14,710,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $305,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for measuring water and habitat quality to
determine watershed health and assist salmon recovery.
(2) $794,000 of the state toxics control account--state
appropriation is provided solely for activities that contribute to
Puget Sound protection and recovery, including provision of independent
advice and assessment of the state's oil spill prevention,
preparedness, and response programs, including review of existing
activities and recommendations for any necessary improvements. The
partnership may carry out this function through an existing committee,
such as the ecosystem coordination board or the leadership council, or
may appoint a special advisory council. Because this is a unique
statewide program, the partnership may invite participation from
outside the Puget Sound region.
(3) Within the amounts appropriated in this section, the Puget
Sound partnership shall facilitate an ongoing monitoring consortium to
integrate monitoring efforts for storm water, water quality, watershed
health, and other indicators to enhance monitoring efforts in Puget
Sound.
(4) The Puget Sound partnership shall work with Washington State
University and the environmental protection agency to secure funding
for the beach watchers program.
(5) $839,000 of the general fund--state appropriation for fiscal
year 2010 and (($764,000)) $264,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely to support
public education and volunteer programs. The partnership is directed
to distribute the majority of funding as grants to local organizations,
local governments, and education, communication, and outreach network
partners. The partnership shall track progress for this activity
through the accountability system of the Puget Sound partnership.
(6) The Puget Sound partnership shall negotiate an agreement with
the recreation and conservation office to consolidate or share certain
administrative functions currently performed by each agency
independently. The agencies shall proportionately share the costs of
such shared functions. Examples of shared functions may include, but
are not limited to, support for personnel, information technology,
grant and contract management, invasive species work, legislative
coordination, and policy and administrative support of various boards
and councils.
Sec. 401 2010 1st sp.s. c 37 s 401 (uncodified) is amended to
read as follows:
FOR THE DEPARTMENT OF LICENSING
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,436,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,524,000))
$1,322,000
Architects' License Account -- State Appropriation . . . . . . . . . . . . $923,000
Professional Engineers' Account -- State
Appropriation . . . . . . . . . . . . $3,568,000
Real Estate Commission Account -- State Appropriation . . . . . . . . . . . . $9,987,000
Master License Account -- State Appropriation . . . . . . . . . . . . $15,718,000
Uniform Commercial Code Account -- State Appropriation . . . . . . . . . . . . $3,090,000
Real Estate Education Account -- State Appropriation . . . . . . . . . . . . $276,000
Real Estate Appraiser Commission Account -- State
Appropriation . . . . . . . . . . . . $1,683,000
Business and Professions Account -- State Appropriation . . . . . . . . . . . . $15,188,000
Real Estate Research Account -- State Appropriation . . . . . . . . . . . . $471,000
Geologists' Account -- State Appropriation . . . . . . . . . . . . $53,000
Derelict Vessel Removal Account -- State Appropriation . . . . . . . . . . . . $31,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($53,948,000))
$53,746,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Pursuant to RCW 43.135.055, the department is authorized to
increase fees for cosmetologists, funeral directors, cemeteries, court
reporters and appraisers. These increases are necessary to support the
expenditures authorized in this section, consistent with RCW 43.24.086.
(2) $1,352,000 of the business and professions account--state
appropriation is provided solely to implement Substitute Senate Bill
No. 5391 (tattoo and body piercing). If the bill is not enacted by
June 30, 2009, the amount provided in this subsection shall lapse.
(3) $358,000 of the business and professions account--state
appropriation is provided solely to implement Senate Bill No. 6126
(professional athletics). If the bill is not enacted by June 30, 2009,
the amount provided in this subsection shall lapse.
(4) $151,000 of the real estate research account appropriation is
provided solely to implement chapter 156, Laws of 2010 (real estate
broker licensure fees).
(5) $158,000 of the architects' license account--state
appropriation is provided solely to implement chapter 129, Laws of 2010
(architect licensing).
(6) $60,000 of the master license account--state appropriation is
provided solely to implement chapter 174, Laws of 2010 (vaccine
association). The amount provided in this subsection shall be from fee
revenue authorized in chapter 174, Laws of 2010.
Sec. 402 2010 1st sp.s. c 37 s 402 (uncodified) is amended to
read as follows:
FOR THE STATE PATROL
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $38,977,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($36,059,000))
$33,292,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $15,793,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $4,986,000
Death Investigations Account -- State Appropriation . . . . . . . . . . . . $5,580,000
Enhanced 911 Account -- State Appropriation . . . . . . . . . . . . $603,000
County Criminal Justice Assistance Account -- State
Appropriation . . . . . . . . . . . . $3,146,000
Municipal Criminal Justice Assistance Account -- State
Appropriation . . . . . . . . . . . . $1,255,000
Fire Service Trust Account -- State Appropriation . . . . . . . . . . . . $131,000
Disaster Response Account -- State Appropriation . . . . . . . . . . . . $8,002,000
Fire Service Training Account -- State Appropriation . . . . . . . . . . . . $8,821,000
Aquatic Invasive Species Enforcement Account -- State
Appropriation . . . . . . . . . . . . $54,000
State Toxics Control Account -- State Appropriation . . . . . . . . . . . . $509,000
Fingerprint Identification Account -- State
Appropriation . . . . . . . . . . . . $10,454,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($134,370,000))
$131,603,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $200,000 of the fire service training account -- state
appropriation is provided solely for two FTEs in the office of the
state director of fire protection to exclusively review K-12
construction documents for fire and life safety in accordance with the
state building code. It is the intent of this appropriation to provide
these services only to those districts that are located in counties
without qualified review capabilities.
(2) $8,000,000 of the disaster response account--state
appropriation is provided solely for Washington state fire service
resource mobilization costs incurred in response to an emergency or
disaster authorized under RCW 43.43.960 and 43.43.964. The state
patrol shall submit a report quarterly to the office of financial
management and the legislative fiscal committees detailing information
on current and planned expenditures from this account. This work shall
be done in coordination with the military department.
(3) The 2010 legislature will review the use of king air planes by
the executive branch and the adequacy of funding in this budget
regarding maintaining and operating the planes to successfully
accomplish their mission.
(4) The appropriations in this section reflect reductions in the
appropriations for the agency's administrative expenses. It is the
intent of the legislature that these reductions shall be achieved, to
the greatest extent possible, by reducing those administrative costs
that do not affect direct client services or direct service delivery or
programs.
(5) $400,000 of the fire service training account--state
appropriation is provided solely for the firefighter apprenticeship
training program.
(6) $48,000 of the fingerprint identification account--state
appropriation is provided solely to implement Substitute House Bill No.
1621 (consumer loan companies). If the bill is not enacted by June 30,
2009, the amounts provided in this subsection shall lapse.
(7) In accordance with RCW 43.43.942, 46.52.085, and 43.135.055,
the state patrol is authorized to increase the following fees in fiscal
year 2011 as necessary to meet the actual costs of conducting business
and the appropriation levels in this section: Collision records
requests; fire training academy courses; and fire training academy dorm
accommodations.
(8) $24,000 of the fingerprint identification account--state
appropriation is provided solely for implementation of chapter 47, Laws
of 2010 (criminal background checks).
Sec. 501 2010 2nd sp.s. c 1 s 501 (uncodified) is amended to read
as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $35,415,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($29,696,000))
$30,196,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $87,081,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($152,192,000))
$152,692,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) A maximum of $23,096,000 of the general fund--state
appropriation for fiscal year 2010 and (($19,570,000)) $20,070,000 of
the general fund--state appropriation for fiscal year 2011 is for state
agency operations.
(a) $11,226,000 of the general fund -- state appropriation for fiscal
year 2010 and $9,709,000 of the general fund -- state appropriation for
fiscal year 2011 are provided solely for the operation and expenses of
the office of the superintendent of public instruction.
(i) Within the amounts provided in this subsection, the
superintendent shall recognize the extraordinary accomplishments of
four students who have demonstrated a strong understanding of the
civics essential learning requirements to receive the Daniel J. Evans
civic education award.
(ii) Within amounts appropriated in this subsection (1)(a), the
office of the superintendent of public instruction, consistent with WAC
392-121-182 (alternative learning experience requirements) which
requires documentation of alternative learning experience student
headcount and full-time equivalent (FTE) enrollment claimed for basic
education funding, shall provide, monthly, accurate monthly headcount
and FTE enrollments for students in alternative learning experience
(ALE) programs as well as information about resident and serving
districts.
(iii) Within amounts provided in this subsection (1)(a), the state
superintendent of public instruction shall share best practices with
school districts regarding strategies for increasing efficiencies and
economies of scale in school district noninstructional operations
through shared service arrangements and school district cooperatives,
as well as other practices.
(b) $25,000 of the general fund--state appropriation for fiscal
year 2011 is provided to the office of the superintendent of public
instruction solely to convene a science, technology, engineering, and
mathematics (STEM) working group to develop a comprehensive plan with
a shared vision, goals, and measurable objectives to improve policies
and practices to ensure that a pathway is established for elementary
schools, middle schools, high schools, postsecondary degree programs,
and careers in the areas of STEM, including improving practices for
recruiting, preparing, hiring, retraining, and supporting teachers and
instructors while creating pathways to boost student success, close the
achievement gap, and prepare every student to be college and career
ready. The working group shall be composed of the director of STEM at
the office of the superintendent of public instruction who shall be the
chair of the working group, and at least one representative from the
state board of education, professional educator standards board, state
board of community and technical colleges, higher education
coordinating board, workforce training and education coordinating
board, the achievement gap oversight and accountability committee, and
others with appropriate expertise. The working group shall develop a
comprehensive plan and a report with recommendations, including a
timeline for specific actions to be taken, which is due to the governor
and the appropriate committees of the legislature by December 1, 2010.
(c) $920,000 of the general fund--state appropriation for fiscal
year 2010 and $491,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for research and development
activities associated with the development of options for new school
finance systems, including technical staff, reprogramming, and analysis
of alternative student funding formulae. Within this amount is
$150,000 for the state board of education for further development of
accountability systems, and $150,000 for the professional educator
standards board for continued development of teacher certification and
evaluation systems.
(d) $965,000 of the general fund -- state appropriation for fiscal
year 2010 and $887,000 of the general fund -- state appropriation for
fiscal year 2011 are provided solely for the operation and expenses of
the state board of education, including basic education assistance
activities.
(e) $5,366,000 of the general fund--state appropriation for fiscal
year 2010 and $3,103,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to the professional educator
standards board for the following:
(i) $1,070,000 in fiscal year 2010 and $985,000 in fiscal year 2011
are for the operation and expenses of the Washington professional
educator standards board;
(ii) $4,106,000 of the general fund--state appropriation for fiscal
year 2010 and $1,936,000 of the general fund--state appropriation for
fiscal year 2011 are for conditional scholarship loans and mentor
stipends provided through the alternative routes to certification
program administered by the professional educator standards board,
including the pipeline for paraeducators program and the retooling to
teach conditional loan programs. Funding within this subsection
(1)(f)(ii) is also provided for the recruiting Washington teachers
program.
(iii) $102,000 of the general fund--state appropriation for fiscal
year 2010 is provided for the implementation of Second Substitute
Senate Bill No. 5973 (student achievement gap). $94,000 of the general
fund--state appropriation for fiscal year 2011 is provided solely for
the ongoing work of the achievement gap oversight and accountability
committee and implementation of the committee's recommendations.
(f) $1,349,000 of the general fund -- state appropriation for fiscal
year 2010 and $144,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for replacement of the
apportionment system, which includes the processes that collect school
district budget and expenditure information, staffing characteristics,
and the student enrollments that drive the funding process.
(g) $1,140,000 of the general fund--state appropriation for fiscal
year 2010 and $1,227,000 of the general fund -- state appropriation for
fiscal year 2011 are provided solely for the creation of a statewide
data base of longitudinal student information. This amount is
conditioned on the department satisfying the requirements in section
902 of this act.
(h) $75,000 of the general fund -- state appropriation for fiscal
year 2010 is provided solely to promote the financial literacy of
students. The effort will be coordinated through the financial
education public-private partnership. It is expected that
nonappropriated funds available to the public-private partnership will
be sufficient to continue financial literacy activities.
(i) To the maximum extent possible, in adopting new agency rules or
making any changes to existing rules or policies related to the fiscal
provisions in the administration of part V of this act, the office of
the superintendent of public instruction shall attempt to request
approval through the normal legislative budget process.
(j) $44,000 of the general fund--state appropriation for fiscal
year 2010 and $45,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the implementation of
Substitute Senate Bill No. 5248 (enacting the interstate compact on
educational opportunity for military children).
(k) $700,000 of the general fund--state appropriation for fiscal
year 2010 and $700,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the implementation of
Substitute Senate Bill No. 5410 (online learning).
(l) $25,000 of the general fund--state appropriation for fiscal
year 2010 and $12,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for project citizen, a program
sponsored by the national conference of state legislatures and the
center for civic education to promote participation in government by
middle school students.
(m) $2,518,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the implementation of Substitute House
Bill No. 2776 (K-12 education funding). If the bill is not enacted by
June 30, 2010, the amount provided in this subsection shall lapse.
(n) $89,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the implementation of Engrossed Second
Substitute House Bill No. 3026 (state and federal civil rights laws).
If the bill is not enacted by June 30, 2010, the amount provided in
this subsection shall lapse.
(o) Beginning in the 2010-11 school year, the superintendent of
public instruction shall require all districts receiving general
apportionment funding for alternative learning experience (ALE)
programs as defined in WAC 392-121-182 to provide separate financial
accounting of expenditures for the ALE programs offered in district or
with a provider, including but not limited to private companies and
multidistrict cooperatives.
(p) $55,000 of the general fund--state appropriation for fiscal
year 2011 is provided to the office of the superintendent of public
instruction solely to convene a technical working group to establish
standards, guidelines, and definitions for what constitutes a basic
education program for highly capable students and the appropriate
funding structure for such a program, and to submit recommendations to
the legislature for consideration. The working group may convene
advisory subgroups on specific topics as necessary to assure
participation and input from a broad array of diverse stakeholders.
The working group must consult with and seek input from nationally
recognized experts; researchers and academics on the unique
educational, emotional, and social needs of highly capable students and
how to identify such students; representatives of national
organizations and associations for educators of or advocates for highly
capable students; school district representatives who are educators,
counselors, and classified school employees involved with highly
capable programs; parents of students who have been identified as
highly capable; representatives from the federally recognized tribes;
and representatives of cultural, linguistic, and racial minority groups
and the community of persons with disabilities. The working group
shall make recommendations to the quality education council and to
appropriate committees of the legislature by December 1, 2010. The
recommendations shall take into consideration that access to the
program for highly capable students is not an individual entitlement
for any particular student. The recommendations shall seek to minimize
underrepresentation of any particular demographic or socioeconomic
group by better identification, not lower standards or quotas, and
shall include the following:
(i) Standardized state-level identification procedures, standards,
criteria, and benchmarks, including a definition or definitions of a
highly capable student. Students who are both highly capable and are
students of color, are poor, or have a disability must be addressed;
(ii) Appropriate programs and services that have been shown by
research and practice to be effective with highly capable students but
maintain options and flexibility for school districts, where possible;
(iii) Program administration, management, and reporting
requirements for school districts;
(iv) Appropriate educator qualifications, certification
requirements, and professional development and support for educators
and other staff who are involved in programs for highly capable
students;
(v) Self-evaluation models to be used by school districts to
determine the effectiveness of the program and services provided by the
school district for highly capable programs;
(vi) An appropriate state-level funding structure; and
(vii) Other topics deemed to be relevant by the working group.
(q) (($500,000)) $1,000,000 of the general fund--state
appropriation for fiscal year 2011 is provided solely for contracting
with a college scholarship organization with expertise in conducting
outreach to students concerning eligibility for the Washington college
bound scholarship consistent with chapter 405, Laws of 2007.
(r) $24,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for implementation of Substitute Senate
Bill No. 6759 (requiring a plan for a voluntary program of early
learning as a part of basic education). If the bill is not enacted by
June 30, 2010, the amounts provided in this subsection (1)(r) shall
lapse.
(s) $950,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for office of the attorney general costs
related to McCleary v. State of Washington.
(2) $12,320,000 of the general fund--state appropriation for fiscal
year 2010, $10,127,000 of the general fund--state appropriation for
fiscal year 2011, and $55,890,000 of the general fund--federal
appropriation are for statewide programs.
(a) HEALTH AND SAFETY
(i) $2,541,000 of the general fund -- state appropriation for fiscal
year 2010 and $2,381,000 of the general fund -- state appropriation for
fiscal year 2011 are provided solely for a corps of nurses located at
educational service districts, as determined by the superintendent of
public instruction, to be dispatched to the most needy schools to
provide direct care to students, health education, and training for
school staff.
(ii) $100,000 of the general fund -- state appropriation for fiscal
year 2010 and $94,000 of the general fund -- state appropriation for
fiscal year 2011 are provided solely for a school safety training
program provided by the criminal justice training commission. The
commission, in collaboration with the school safety center advisory
committee, shall provide the school safety training for all school
administrators and school safety personnel, including school safety
personnel hired after the effective date of this section.
(iii) $9,670,000 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.
(iv) $96,000 of the general fund--state appropriation for fiscal
year 2010 and $90,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely 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 school safety center advisory committee shall develop a
training program, using the best practices in school safety, for all
school safety personnel.
(v) $70,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for the youth suicide prevention program.
(vi) $50,000 of the general fund--state appropriation for fiscal
year 2010 and $47,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for a nonviolence and leadership
training program provided by the institute for community leadership.
(b) TECHNOLOGY
(i) $1,842,000 of the general fund -- state appropriation for fiscal
year 2010 and $1,635,000 of the general fund -- state appropriation for
fiscal year 2011 are provided solely for K-20 telecommunications
network technical support in the K-12 sector to prevent system failures
and avoid interruptions in school utilization of the data processing
and video-conferencing capabilities of the network. These funds may be
used to purchase engineering and advanced technical support for the
network.
(ii) $1,475,000 of the general fund--state appropriation for fiscal
year 2010, $1,045,000 of the general fund--state appropriation for
fiscal year 2011, and $435,000 of the general fund--federal
appropriation are provided solely for implementing a comprehensive data
system to include financial, student, and educator data. The office of
the superintendent of public instruction will convene a data governance
group to create a comprehensive needs-requirement document, conduct a
gap analysis, and define operating rules and a governance structure for
K-12 data collections.
(c) GRANTS AND ALLOCATIONS
(i) $1,329,000 of the general fund--state appropriation for fiscal
year 2010 and $664,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the special services pilot
project to include up to seven participating districts. 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 RCW 28A.630.016.
(ii) $750,000 of the general fund -- state appropriation for fiscal
year 2010 and $750,000 of the general fund -- state appropriation for
fiscal year 2011 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.
(iii) $25,000 of the general fund -- state appropriation for fiscal
year 2010 is provided solely for developing and disseminating
curriculum and other materials documenting women's role in World War
II.
(iv) $175,000 of the general fund -- state appropriation for fiscal
year 2010 and $87,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for incentive grants for districts
and pilot projects to develop preapprenticeship programs. Incentive
grant awards up to $10,000 each shall be used to support the program's
design, school/business/labor agreement negotiations, and recruiting
high school students for preapprenticeship programs in the building
trades and crafts.
(v) $2,898,000 of the general fund--state appropriation for fiscal
year 2010 and $2,924,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the dissemination of the
navigation 101 curriculum to all districts. The funding shall support
electronic student planning tools and software for analyzing the impact
of navigation 101 on student performance, as well as grants to a
maximum of one hundred school districts each year, based on progress
and need for the implementation of the navigation 101 program. The
implementation grants shall be awarded to a cross-section of school
districts reflecting a balance of geographic and demographic
characteristics. Within the amounts provided, the office of the
superintendent of public instruction will create a navigation 101
accountability model to analyze the impact of the program.
(vi) $627,000 of the general fund--state appropriation for fiscal
year 2010 and $225,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for implementation of a statewide
program for comprehensive dropout prevention, intervention, and
retrieval.
(vii) $40,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for program initiatives to address the
educational needs of Latino students and families. Using the full
amounts of the appropriations under this subsection (2)(c)(vii), the
office of the superintendent of public instruction shall contract with
the Seattle community coalition of compana quetzal to provide for three
initiatives: (A) Early childhood education; (B) parent leadership
training; and (C) high school success and college preparation programs.
(viii) $60,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for a pilot project to encourage bilingual
high school students to pursue public school teaching as a profession.
Using the full amounts of the appropriation under this subsection, the
office of the superintendent of public instruction shall contract with
the Latino/a educational achievement project (LEAP) to work with school
districts to identify and mentor not fewer than fifty bilingual
students in their junior year of high school, encouraging them to
become bilingual instructors in schools with high English language
learner populations. Students shall be mentored by bilingual teachers
and complete a curriculum developed and approved by the participating
districts.
(ix) $145,000 of the general fund--state appropriation for fiscal
year 2010 and $37,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to the office of the
superintendent of public instruction to enhance the reading skills of
students with dyslexia by implementing the findings of the dyslexia
pilot program. Funds shall be used to provide information and training
to classroom teachers and reading specialists, for development of a
dyslexia handbook, and to take other statewide actions to improve the
reading skills of students with dyslexia. The training program shall
be delivered regionally through the educational service districts.
(x) $97,000 of the general fund--state appropriation for fiscal
year 2010 and $48,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to support vocational student
leadership organizations.
(xi) $100,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for drop-out prevention programs at the
office of the superintendent of public instruction including the jobs
for America's graduates (JAG) program.
Sec. 502 2010 2nd sp.s. c 1 s 502 (uncodified) is amended to read
as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR GENERAL
APPORTIONMENT
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $5,126,153,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($4,912,103,000))
$4,872,953,000
General Fund--Federal Appropriation . . . . . . . . . . . . $208,098,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($10,246,354,000))
$10,207,204,000
The appropriations in this section are subject to the following
conditions and limitations:
(1)(a) Each general fund fiscal year appropriation includes such
funds as are necessary to complete the school year ending in the fiscal
year and for prior fiscal year adjustments.
(b) The appropriations in this section include federal funds
provided through section 101 of Public Law No. 111-226 (education jobs
fund), which shall be used to support general apportionment program
funding. In distributing general apportionment allocations under this
section for the 2010-11 school year, the superintendent shall include
the entire allocation from the federal funds provided through section
101 of Public Law No. 111-226 (education jobs fund) as part of each
district's general apportionment allocation.
(2) Allocations for certificated staff salaries for the 2009-10 and
2010-11 school years shall be determined using formula-generated staff
units calculated pursuant to this subsection. Staff allocations for
small school enrollments in (e) through (g) 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 (d) through
(g) of this subsection:
(i) Four certificated administrative staff units per thousand full-time equivalent students in grades K-12;
(ii) For the 2009-10 school year ((and the portion of the 2010-11
school year from September 1, 2010, through January 31, 2011)):
(A)(I) For districts that enroll fewer than 25 percent of their
total full-time equivalent student enrollment in grades K through three
in digital or online learning programs as defined in WAC 392-121-182,
as in effect on November 1, 2009, fifty-three and two-tenths
certificated instructional staff units per thousand full-time
equivalent students in grades K through three.
(II) For all other districts, a minimum of forty-nine certificated
instructional staff units per 1,000 full-time equivalent (FTE) students
in grades K through three, with additional certificated instructional
staff units to equal the documented staffing level in grades K through
three, up to a maximum of fifty-three and two-tenths certificated
instructional staff units per 1,000 FTE students.
(B)(I) For districts that enroll fewer than 25 percent of their
total full-time equivalent student enrollment in grade four in digital
or online learning programs defined in WAC 392-121-182 as in effect on
November 1, 2009: For the 2009-10 school year, fifty-three and two-tenths certificated instructional staff units per thousand full-time
equivalent students in grade four((, and for the portion of the 2010-11
school year from September 1, 2010, through January 31, 2011, forty-seven and forty-three one-hundredths certificated instructional staff
units per thousand full-time equivalent students in grade four)).
(II) For all other districts:
For the 2009-10 school year, a minimum of forty-six certificated
instructional staff units per 1,000 full-time equivalent (FTE) students
in grade four, and additional certificated instructional staff units to
equal the documented staffing level in grade four, up to a maximum of
fifty-three and two-tenths certificated instructional staff units per
1,000 FTE students((.));
For the portion of the 2010-11 school year from September 1, 2010,
through January 31, 2011, a minimum of forty-six certificated
instructional staff units per 1,000 full-time equivalent (FTE) students
in grade four, and additional certificated instructional staff units to
equal the documented staffing level in grade four, up to a maximum of
forty-seven and forty-three one-hundredths certificated instructional
staff units per 1,000 FTE students
(iii) For the ((portion of the)) 2010-11 school year ((beginning
February 1, 2010)):
(A) Forty-nine certificated instructional staff units per thousand
full-time equivalent students in grades kindergarten through three;
(B) Forty-six certificated instructional staff units per thousand
full-time equivalent students in grade 4;
(iv) ((All allocations for instructional staff units per thousand
full-time equivalent students above forty-nine in grades kindergarten
through three and forty-six in grade four shall occur in apportionments
in the monthly periods prior to February 1, 2011;)) Forty-six certificated instructional staff units per thousand
full-time equivalent students in grades 5-12;
(v)
(((vi))) (v) Certificated staff allocations in this subsection
(2)(a) exceeding the statutory minimums established in RCW 28A.150.260
shall not be considered part of basic education;
(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;
(B) Middle school vocational STEM programs approved by the
superintendent of public instruction, a maximum of 0.92 certificated
instructional staff units and 0.8 certificated administrative staff
units for each 19.5 full-time equivalent vocational students; and
(C) Skills center programs meeting the standards for skills center
funding established in January 1999 by the superintendent of public
instruction with a waiver allowed for skills centers in current
operation that are not meeting this standard until the 2010-11 school
year, 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 and vocational middle-school 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 2009-10 and 2010-11
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)(e) through (h) of this section, one classified
staff unit for each 2.94 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
58.75 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
14.43 percent in the 2009-10 school year and 14.43 percent in the 2010-11 school year for certificated salary allocations provided under
subsection (2) of this section, and a rate of 16.59 percent in the
2009-10 school year and 16.59 percent in the 2010-11 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 (g) of this section, there shall be provided a maximum of
$10,179 per certificated staff unit in the 2009-10 school year and a
maximum of $10,424 per certificated staff unit in the 2010-11 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 $24,999 per certificated
staff unit in the 2009-10 school year and a maximum of $25,399 per
certificated staff unit in the 2010-11 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 $19,395 per certificated
staff unit in the 2009-10 school year and a maximum of $19,705 per
certificated staff unit in the 2010-11 school year.
(7) Allocations for substitute costs for classroom teachers shall
be distributed at a maintenance rate of $607.44 for the 2009-10 and
2010-11 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) Funding in this section is sufficient to provide additional
service year credits to educational staff associates pursuant to
chapter 403, Laws of 2007.
(10)(a) The superintendent may distribute a maximum of $7,286,000
outside the basic education formula during fiscal years 2010 and 2011
as follows:
(i) 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 $567,000 may be expended in fiscal year 2010
and a maximum of $576,000 may be expended in fiscal year 2011;
(ii) For summer vocational programs at skills centers, a maximum of
$2,385,000 may be expended for the 2010 fiscal year and a maximum of
(($2,385,000)) $600,000 for the 2011 fiscal year((. 20 percent of each
fiscal year amount may carry over from one year to the next));
(iii) A maximum of $403,000 may be expended for school district
emergencies; and
(iv) A maximum of $485,000 ((each fiscal year)) for fiscal year
2010 and $455,000 for fiscal year 2011 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.
(b) Funding in this section is sufficient to fund a maximum of 1.6
FTE enrollment for skills center students pursuant to chapter 463, Laws
of 2007. In the 2010-11 school year, summer school vocational programs
are not eligible for funding under the 1.6 FTE enrollment cap.
(11) For purposes of RCW 84.52.0531, the increase per full-time
equivalent student is 4.0 percent from the 2008-09 school year to the
2009-10 school year and 4.0 percent from the 2009-10 school year to the
2010-11 school year.
(12) If two or more school districts consolidate and each district
was receiving additional basic education formula staff units pursuant
to subsection (2)(b) through (g) 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.
(13) General apportionment payments to the Steilacoom historical
school district shall reflect changes to operation of the Harriet
Taylor elementary school consistent with the timing of reductions in
correctional facility capacity and staffing.
(14) $5,000,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the superintendent for financial
contingency funds for eligible school districts. The financial
contingency funds shall be allocated to eligible districts in the form
of an advance of their respective general apportionment allocations.
(a) Eligibility:
The superintendent shall determine a district's eligibility for
receipt of financial contingency funds, and districts shall be eligible
only if the following conditions are met:
(i) A petition is submitted by the school district as provided in
RCW 28A.510.250 and WAC 392-121-436; and
(ii) The district's projected general fund balance for the month of
March is less than one-half of one percent of its budgeted general fund
expenditures as submitted to the superintendent for the 2010-11 school
year on the F-196 report.
(b) Calculations:
The superintendent shall calculate the financial contingency
allocation to each district as the lesser of:
(i) The amount set forth in the school district's resolution;
(ii) An amount not to exceed 10 percent of the total amount to
become due and apportionable to the district from September 1st through
August 31st of the current school year;
(iii) The highest negative monthly cash and investment balance of
the general fund between the date of the resolution and May 31st of the
school year based on projections approved by the county treasurer and
the educational service district.
(c) Repayment:
For any amount allocated to a district in state fiscal year 2011,
the superintendent shall deduct in state fiscal year 2012 from the
district's general apportionment the amount of the emergency
contingency allocation and any earnings by the school district on the
investment of a temporary cash surplus due to the emergency contingency
allocation. Repayments or advances will be accomplished by a reduction
in the school district's apportionment payments on or before June 30th
of the school year following the distribution of the emergency
contingency allocation. All disbursements, repayments, and outstanding
allocations to be repaid of the emergency contingency pool shall be
reported to the office of financial management and the appropriate
fiscal committees of the legislature on July 1st and January 1st of
each year.
Sec. 503 2010 1st sp.s. c 37 s 504 (uncodified) is amended to
read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR SCHOOL EMPLOYEE
COMPENSATION ADJUSTMENTS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . ($4,414,000)
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . ((($1,806,000)))
($1,559,000)
General Fund--Federal Appropriation . . . . . . . . . . . . ($1,000)
TOTAL APPROPRIATION . . . . . . . . . . . . ((($6,221,000)))
($5,974,000)
The appropriations in this section are subject to the following
conditions and limitations:
(1)(a) Additional salary adjustments as necessary to fund the base
salaries for certificated instructional staff as listed for each
district in LEAP Document 2, defined in section 503(2)(b) of this act.
Allocations for these salary adjustments shall be provided to all
districts that are not grandfathered to receive salary allocations
above the statewide salary allocation schedule, and to certain
grandfathered districts to the extent necessary to ensure that salary
allocations for districts that are currently grandfathered do not fall
below the statewide salary allocation schedule.
(b) Additional salary adjustments to certain districts as necessary
to fund the per full-time-equivalent salary allocations for
certificated administrative staff as listed for each district in LEAP
Document 2, defined in section 503(2)(b) of this act. These
adjustments shall ensure a minimum salary allocation for certificated
administrative staff of $57,986 in the 2009-10 school year and $57,986
in the 2010-11 school year.
(c) Additional salary adjustments to certain districts as necessary
to fund the per full-time-equivalent salary allocations for classified
staff as listed for each district in LEAP Document 2, defined in
section 503(2)(b) of this act. These salary adjustments ensure a
minimum salary allocation for classified staff of $31,865 in the 2009-10 school year and $31,865 in the 2010-11 school year.
(d) The appropriations in this subsection (1) include associated
incremental fringe benefit allocations at rates 13.79 percent for the
2009-10 school year and 13.79 percent for the 2010-11 school year for
certificated staff and 13.09 percent for the 2009-10 school year and
13.09 percent for the 2010-11 school year for classified staff.
(e) The appropriations in this section include the increased or
decreased portion of salaries and incremental fringe benefits for all
relevant state-funded school programs in part V of this act. Changes
for general apportionment (basic education) are based on the salary
allocation schedules and methodology in sections 502 and 503 of this
act. Changes for special education result from changes in each
district's basic education allocation per student. Changes 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. The appropriations in this section provide
incremental fringe benefit alterations based on formula adjustments as
follows:
| School Year | ||||
| 2009-10 | 2010-11 | |||
| Pupil Transportation (per weighted pupil mile) | $0 | $0 | ||
| Highly Capable (per formula student) | ($1.49) | (( | ||
| Transitional Bilingual Education (per eligible bilingual student) | ($3.93) | ($7.86) | ||
| Learning Assistance (per formula student) | ($1.18) | ($2.36) | ||
| School Year | ||||
| 2009-10 | 2010-11 | |||
| Pupil Transportation (per weighted pupil mile) | $0.12 | $0.33 | ||
| Highly Capable (per formula student) | $0.79 | (( | ||
| Transitional Bilingual Education (per eligible bilingual student) | $2.11 | $5.83 | ||
| Learning Assistance (per formula student) | $0.54 | $1.49 | ||
Sec. 504 2010 1st sp.s. c 37 s 505 (uncodified) is amended to
read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR PUPIL TRANSPORTATION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $317,116,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($296,747,000))
$296,441,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($613,863,000))
$613,557,000
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 $878,000 of this fiscal year 2010 appropriation
and a maximum of (($892,000)) $836,000 of the fiscal year 2011
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) Allocations for transportation of students shall be based on
reimbursement rates of $48.15 per weighted mile in the 2009-10 school
year and $48.37 per weighted mile in the 2010-11 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.
(4) The office of the 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.
(5) The superintendent of public instruction shall base
depreciation payments for school district buses on the pre-sales tax
five-year average of lowest bids in the appropriate category of bus.
In the final year on the depreciation schedule, the depreciation
payment shall be based on the lowest bid in the appropriate bus
category for that school year.
(6) Funding levels in this section reflect reductions from the
implementation of Substitute House Bill No. 1292 (authorizing waivers
from the one hundred eighty-day school year requirement in order to
allow four-day school weeks).
Sec. 505 2010 1st sp.s. c 37 s 506 (uncodified) is amended to
read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR SCHOOL FOOD SERVICE
PROGRAMS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $3,159,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($3,159,000))
$7,111,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($391,988,000))
$448,588,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($398,306,000))
$458,858,000
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 2010 ((and $3,000,000 of the general fund -- state appropriation for
fiscal year 2011 are)) is provided for state matching money for federal
child nutrition programs.
(2) $100,000 of the general fund -- state appropriation for fiscal
year 2010 ((and $100,000 of the 2011 fiscal year appropriation are)) is
provided for summer food programs for children in low-income areas.
(3) $59,000 of the general fund -- state appropriation for fiscal
year 2010 ((and $59,000 of the general fund -- state appropriation for
fiscal year 2011 are)) is provided solely to reimburse school districts
for school breakfasts served to students enrolled in the free or
reduced price meal program pursuant to chapter 287, Laws of 2005
(requiring school breakfast programs in certain schools).
(4) $7,111,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for state matching money for federal child
nutrition programs, and may support the meals for kids program through
the following allowable uses:
(a) Elimination of breakfast copays and lunch copays for students
in grades kindergarten through third grade who are eligible for reduced
price lunch;
(b) Assistance to school districts for supporting summer food
service programs, and initiating new summer food service programs in
low-income areas; and
(c) Reimbursements to school districts for school breakfasts served
to students eligible for free and reduced price lunch, pursuant to
chapter 287, Laws of 2005.
Sec. 506 2010 1st sp.s. c 37 s 507 (uncodified) is amended to
read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR SPECIAL EDUCATION
PROGRAMS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $632,136,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($650,856,000))
$627,323,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $664,601,000
Education Legacy Trust Account--State
Appropriation . . . . . . . . . . . . $756,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,948,349,000))
$1,924,816,000
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 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 superintendent of public instruction shall continue to
implement the full cost method of excess cost accounting, as designed
by the committee and recommended by the superintendent, pursuant to
section 501(1)(k), chapter 372, Laws of 2006.
(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
funds to school districts based on two categories: (a) The first
category includes (i) children birth through age two who are eligible
for the optional program for special education eligible developmentally
delayed infants and toddlers, and (ii) students eligible for the
mandatory special education program and who are age three or four, or
five and not yet enrolled in kindergarten; and (b) the second category
includes students who are eligible for the mandatory special education
program and who are age five and enrolled in kindergarten and students
age six through 21.
(5)(a) For the 2009-10 and 2010-11 school years, the superintendent
shall make allocations to each district based on the sum of:
(i) A district's annual average headcount enrollment of students
ages birth through four and those five year olds not yet enrolled in
kindergarten, as defined in subsection (4) of this section, 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
in the 2009-10 school year. In the 2010-11 school year, the per
student allocation under this subsection (5)(b) shall include the same
factors as in the 2009-10 school year, but shall also include the
classified staff enhancements included in section 502(3)(b).
(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
four enrollment and those five year olds not yet enrolled in
kindergarten, 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.
(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, (($44,269,000)) $20,736,000 of the
general fund -- state appropriation and $29,574,000 of the general fund -- federal appropriation are provided for safety net awards for districts
with demonstrated needs for special education funding beyond the
amounts provided in subsection (5) of this section. If the federal
safety net awards based on the federal eligibility threshold exceed the
federal appropriation in this subsection (8) in any fiscal year, 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 sources. Differences in
program costs attributable to district philosophy, service delivery
choice, or accounting practices are not a legitimate basis for safety
net awards. In the determination of need, the committee shall require
that districts demonstrate that they are maximizing their eligibility
for all state and federal revenues related to services for special
education-eligible students. Awards associated with (b) and (c) of
this subsection shall not exceed the total of a district's specific
determination of need.
(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) Using criteria developed by the committee, the committee shall
then consider extraordinary costs associated with communities that draw
a larger number of families with children in need of special education
services. The safety net awards to school districts shall be adjusted
to reflect amounts awarded under (b) of this subsection.
(d) The maximum allowable indirect cost for calculating safety net
eligibility may not exceed the federal restricted indirect cost rate
for the district plus one percent.
(e) Safety net awards must be adjusted for any audit findings or
exceptions related to special education funding.
(f) 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. The state
safety net oversight committee shall ensure that safety net
documentation and awards are based on current medicaid revenue amounts.
(g) ((The office of the superintendent of public instruction, at
the conclusion of each school year, shall recover safety net funds that
were distributed prospectively but for which districts were not
subsequently eligible)) Beginning with the 2010-11 school year award
cycle, the office of the superintendent of public instruction shall
make award determinations for state safety net funding in August of
each school year. Determinations on school district eligibility for
state safety net awards shall be based on analysis of actual
expenditure data from the current school year.
(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 who shall be nonvoting
members of the committee; and
(c) One or more representatives from school districts or
educational service districts knowledgeable of special education
programs and funding.
(11) The office of the superintendent of public instruction shall
review and streamline the application process to access safety net
funds, provide technical assistance to school districts, and annually
survey school districts regarding improvement to the process.
(12) A maximum of $678,000 may be expended from the general fund -- state appropriations to fund 5.43 full-time equivalent teachers and 2.1
full-time equivalent aides at children's orthopedic hospital and
medical center. This amount is in lieu of money provided through the
home and hospital allocation and the special education program.
(13) 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 school district may carry over from one year to the next
year up to 10 percent of the general fund -- state funds allocated under
this program; however, carryover funds shall be expended in the special
education program.
(15) $262,000 of the general fund--state appropriation for fiscal
year 2010 and $251,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for two additional full-time
equivalent staff to support the work of the safety net committee and to
provide training and support to districts applying for safety net
awards.
(16) $50,000 of the general fund--state appropriation for fiscal
year 2010, $50,000 of the general fund--state appropriation for fiscal
2011, and $100,000 of the general fund--federal appropriation shall be
expended to support a special education ombudsman program within the
office of superintendent of public instruction.
Sec. 507 2010 1st sp.s. c 37 s 508 (uncodified) is amended to
read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR EDUCATIONAL SERVICE
DISTRICTS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $8,394,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($8,319,000))
$7,796,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($16,713,000))
$16,190,000
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) $3,355,000 of the general fund--state appropriation for fiscal
year 2010 and (($3,355,000)) $3,144,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for regional
professional development related to mathematics and science curriculum
and instructional strategies. Funding shall be distributed among the
educational service districts in the same proportion as distributions
in the 2007-2009 biennium. Each educational service district shall use
this funding solely for salary and benefits for a certificated
instructional staff with expertise in the appropriate subject matter
and in professional development delivery, and for travel, materials,
and other expenditures related to providing regional professional
development support. The office of superintendent of public
instruction shall also allocate to each educational service district
additional amounts provided in section 504 of this act for compensation
increases associated with the salary amounts and staffing provided in
this subsection (2).
(3) 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.
Sec. 508 2010 1st sp.s. c 37 s 511 (uncodified) is amended to
read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- FOR PROGRAMS FOR HIGHLY
CAPABLE STUDENTS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $9,189,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($9,188,000))
$9,171,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($18,377,000))
$18,360,000
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 $401.08 per funded
student for the 2009-10 school year and $401.08 per funded student for
the 2010-11 school year, exclusive of salary and benefit adjustments
pursuant to section 504 of this act. For the 2009-10 and 2010-11
school years, the number of funded students shall be a maximum of 2.314
percent of each district's full-time equivalent basic education
enrollment.
(3) $90,000 of the fiscal year 2010 appropriation and (($90,000))
$84,000 of the fiscal year 2011 appropriation are provided for the
Washington destination imagination network and future problem-solving
programs.
(4) $170,000 of the fiscal year 2010 appropriation and (($170,000))
$159,000 of the fiscal year 2011 appropriation are provided for the
centrum program at Fort Worden state park.
Sec. 509 2010 2nd sp.s. c 1 s 503 (uncodified) is amended to read
as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION -- EDUCATION REFORM
PROGRAMS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $93,642,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($92,643,000))
$85,691,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $154,627,000
Education Legacy Trust Account--State
Appropriation . . . . . . . . . . . . (($100,381,000))
$98,981,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($441,293,000))
$432,941,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $35,804,000 of the general fund -- state appropriation for fiscal
year 2010, $31,850,000 of the general fund -- state appropriation for
fiscal year 2011, $1,350,000 of the education legacy trust
account--state appropriation, and $17,869,000 of the general fund -- federal appropriation are provided solely for development and
implementation of the Washington state assessment system, including:
(i) Development and implementation of retake assessments for high
school students who are not successful in one or more content areas;
and (ii) development and implementation of alternative assessments or
appeals procedures to implement the certificate of academic
achievement. The superintendent of public instruction shall report
quarterly on the progress on development and implementation of
alternative assessments or appeals procedures. Within these amounts,
the superintendent of public instruction shall contract for the early
return of 10th grade student assessment results, on or around June 10th
of each year.
(2) $3,249,000 of the general fund--state appropriation for fiscal
year 2010 and $3,249,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the design of the state
assessment system and the implementation of end of course assessments
for high school math.
(3) Within amounts provided in subsections (1) and (2) of this
section, the superintendent of public instruction, in consultation with
the state board of education, shall develop a statewide high school
end-of-course assessment measuring student achievement of the state
science standards in biology to be implemented statewide in the 2011-12
school year. By December 1, 2010, the superintendent of public
instruction shall recommend whether additional end-of-course
assessments in science should be developed and in which content areas.
Any recommendation for additional assessments must include an
implementation timeline and the projected cost to develop and
administer the assessments.
(4) $1,014,000 of the education legacy trust account appropriation
is provided solely for allocations to districts for salaries and
benefits for the equivalent of two additional professional development
days for fourth and fifth grade teachers during the 2008-2009 school
year. The allocations shall be made based on the calculations of
certificated instructional staff units for fourth and fifth grade
provided in section 502 of this act and on the calculations of
compensation provided in sections 503 and 504 of this act. Districts
may use the funding to support additional days for professional
development as well as job-embedded forms of professional development.
(5) $3,241,000 of the education legacy trust fund appropriation is
provided solely for allocations to districts for salaries and benefits
for the equivalent of three additional professional development days
for middle and high school math and science teachers during the 2008-2009 school year, as well as specialized training for one math and
science teacher in each middle school and high school during the 2008-
2009 school year. Districts may use the funding to support additional
days for professional development as well as job-embedded forms of
professional development.
(6) $3,773,000 of the education legacy trust account--state
appropriation is provided solely for a math and science instructional
coaches program pursuant to chapter 396, Laws of 2007. Funding shall
be used to provide grants to schools and districts to provide salaries,
benefits, and professional development activities for up to twenty-five
instructional coaches in middle and high school math and twenty-five
instructional coaches in middle and high school science in each year of
the biennium; and up to $300,000 may be used by the office of the
superintendent of public instruction to administer and coordinate the
program.
(7) $1,740,000 of the general fund--state appropriation for fiscal
year 2010 and $1,775,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to allow approved middle and
junior high school career and technical education programs to receive
enhanced vocational funding. The office of the superintendent of
public instruction shall provide allocations to districts for middle
and junior high school students in accordance with the funding formulas
provided in section 502 of this act. If Second Substitute Senate Bill
No. 5676 is enacted the allocations are formula-driven, otherwise the
office of the superintendent shall consider the funding provided in
this subsection as a fixed amount, and shall adjust funding to stay
within the amounts provided in this subsection.
(8) $139,000 of the general fund--state appropriation for fiscal
year 2010 and $93,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for (a) staff at the office of the
superintendent of public instruction to coordinate and promote efforts
to develop integrated math, science, technology, and engineering
programs in schools and districts across the state; and (b) grants of
$2,500 to provide twenty middle and high school teachers each year
professional development training for implementing integrated math,
science, technology, and engineering program in their schools.
(9) $1,473,000 of the general fund--state appropriation for fiscal
year 2010 and $197,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the Washington state
leadership and assistance for science education reform (LASER) regional
partnership activities coordinated at the Pacific science center,
including instructional material purchases, teacher and principal
professional development, and school and community engagement events.
Funding shall be distributed to the various LASER activities in a
manner proportional to LASER program spending during the 2007-2009
biennium.
(10) $88,981,000 of the education legacy trust account--state
appropriation is provided solely for grants for voluntary full-day
kindergarten at the highest poverty schools, as provided in chapter
400, Laws of 2007. The office of the superintendent of public
instruction shall provide allocations to districts for recipient
schools in accordance with the funding formulas provided in section 502
of this act. Each kindergarten student who enrolls for the voluntary
full-day program in a recipient school shall count as one-half of one
full-time equivalent student for the purpose of making allocations
under this subsection. Although the allocations are formula-driven,
the office of the superintendent shall consider the funding provided in
this subsection as a fixed amount, and shall limit the number of
recipient schools so as to stay within the amounts appropriated each
fiscal year in this subsection. The funding provided in this
subsection is estimated to provide full-day kindergarten programs for
20 percent of kindergarten enrollment. Funding priority shall be given
to schools with the highest poverty levels, as measured by prior year
free and reduced priced lunch eligibility rates in each school.
Additionally, as a condition of funding, school districts must agree to
provide the full-day program to the children of parents who request it
in each eligible school. For the purposes of calculating a school
district levy base, funding provided in this subsection shall be
considered a state block grant program under RCW 84.52.0531.
(a) Of the amounts provided in this subsection, a maximum of
$272,000 may be used for administrative support of the full-day
kindergarten program within the office of the superintendent of public
instruction.
(b) Student enrollment pursuant to this program shall not be
included in the determination of a school district's overall K-12 FTE
for the allocation of student achievement programs and other funding
formulas unless specifically stated.
(11) $700,000 of the general fund--state appropriation for fiscal
year 2010 and $450,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the development of a
leadership academy for school principals and administrators. The
superintendent of public instruction shall contract with an independent
organization to design, field test, and implement a state-of-the-art
education leadership academy that will be accessible throughout the
state. Initial development of the content of the academy activities
shall be supported by private funds. Semiannually the independent
organization shall report on amounts committed by foundations and
others to support the development and implementation of this program.
Leadership academy partners, with varying roles, shall include the
state level organizations for school administrators and principals, the
superintendent of public instruction, the professional educator
standards board, and others as the independent organization shall
identify.
(12) $105,754,000 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.
(13) $1,960,000 of the general fund--state appropriation for fiscal
year 2010 and $761,000 of the general fund--state appropriation for
fiscal year 2011 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. Funding in this
subsection shall be used for focused assistance programs for individual
schools or school districts. The office of the superintendent of
public instruction shall report to the fiscal committees of the
legislature by September 1, 2011, providing an accounting of the uses
of focused assistance funds during the 2009-11 fiscal biennium,
including a list of schools served and the types of services provided.
(14) $1,667,000 of the general fund--state appropriation for fiscal
year 2010 ((and $1,667,000 of the general fund--state appropriation for
fiscal year 2011 are)) is provided solely to eliminate the lunch co-pay
for students in grades kindergarten through third grade that are
eligible for reduced price lunch.
(15) $5,285,000 of the general fund--state appropriation for fiscal
year 2010 ((and $5,285,000 of the general fund--state appropriation for
fiscal year 2011 are)) is provided solely for: (a) The meals for kids
program under RCW 28A.235.145 through 28A.235.155; (b) to eliminate the
breakfast co-pay for students eligible for reduced price lunch; and (c)
for additional assistance for school districts initiating a summer food
service program.
(16) $1,003,000 of the general fund -- state appropriation for fiscal
year 2010 and $528,000 of the general fund -- state appropriation for
fiscal year 2011 are provided solely for the Washington reading corps.
The superintendent shall allocate reading corps members to low-performing schools and school districts that are implementing
comprehensive, proven, research-based reading programs. Two or more
schools may combine their Washington reading corps programs. Grants
provided under this section may be used by school districts for
expenditures from September 2009 through August 31, 2011.
(17) $3,269,000 of the general fund -- state appropriation for fiscal
year 2010 and $3,594,000 of the general fund -- state appropriation for
fiscal year 2011 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.
(18) $1,861,000 of the general fund -- state appropriation for fiscal
year 2010 and $1,836,000 of the general fund -- state appropriation for
fiscal year 2011 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.
(19) $225,000 of the general fund--state appropriation for fiscal
year 2010 and $150,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the operation of the center
for the improvement of student learning pursuant to RCW 28A.300.130.
(20) $246,000 of the education legacy trust account--state
appropriation is provided solely for costs associated with the office
of the superintendent of public instruction's statewide director of
technology position.
(21)(a) $28,715,000 of the general fund--state appropriation for
fiscal year 2010 and $36,168,000 of the general fund--state
appropriation for fiscal year 2011 are provided solely for the
following bonuses for teachers who hold valid, unexpired certification
from the national board for professional teaching standards and who are
teaching in a Washington public school, subject to the following
conditions and limitations:
(i) For national board certified teachers, a bonus of $5,000 per
teacher beginning in the 2007-08 school year and adjusted for inflation
in each school year thereafter in which Initiative 732 cost of living
adjustments are provided;
(ii) An additional $5,000 annual bonus shall be paid to national
board certified teachers who teach in either: (A) High schools where
at least 50 percent of student headcount enrollment is eligible for
federal free or reduced price lunch, (B) middle schools where at least
60 percent of student headcount enrollment is eligible for federal free
or reduced price lunch, or (C) elementary schools where at least 70
percent of student headcount enrollment is eligible for federal free or
reduced price lunch;
(iii) The superintendent of public instruction shall adopt rules to
ensure that national board certified teachers meet the qualifications
for bonuses under (a)(ii) of this subsection for less than one full
school year receive bonuses in a pro-rated manner; and
(iv) During the 2009-10 and 2010-11 school years, and within the
available state and federal appropriations, certificated instructional
staff who have met the eligibility requirements and have applied for
certification from the national board for professional teaching
standards may receive a conditional two thousand dollars or the amount
set by the office of the superintendent of public instruction to
contribute toward the current assessment fee, not including the initial
up-front candidacy payment. The fee shall be an advance on the first
annual bonus under RCW 28A.405.415. The assessment fee for national
certification is provided in addition to compensation received under a
district's salary schedule adopted in accordance with RCW 28A.405.200
and shall not be included in calculations of a district's average
salary and associated salary limitation under RCW 28A.400.200.
Recipients who fail to receive certification after three years are
required to repay the assessment fee, not including the initial up-front candidacy payment, as set by the national board for professional
teaching standards and administered by the office of the superintendent
of public instruction. The office of the superintendent of public
instruction shall adopt rules to define the terms for initial grant of
the assessment fee and repayment, including applicable fees.
(b) Included in the amounts provided in this subsection are amounts
for mandatory fringe benefits.
(22) $2,475,000 of the general fund--state appropriation for fiscal
year 2010 and $456,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for secondary career and technical
education grants pursuant to chapter 170, Laws of 2008. This funding
may additionally be used to support FIRST Robotics programs. In fiscal
year 2011, if equally matched by private donations, $300,000 of the
appropriation shall be used to support FIRST Robotics programs,
including FIRST Robotics professional development.
(23) $75,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the implementation of House Bill No.
2621 (K-12 school resource programs). If the bill is not enacted by
June 30, 2010, the amount provided in this subsection shall lapse.
(24) $300,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for the local farms-healthy kids program
as described in chapter 215, Laws of 2008. The program is suspended in
the 2011 fiscal year, and not eliminated.
(25) $2,348,000 of the general fund--state appropriation for fiscal
year 2010 and $1,000,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for a beginning educator support
program. School districts and/or regional consortia may apply for
grant funding beginning in the 2009-10 school year. The superintendent
shall implement this program in 5 to 15 school districts and/or
regional consortia. The program provided by a district and/or regional
consortia shall include: A paid orientation; assignment of a qualified
mentor; development of a professional growth plan for each beginning
teacher aligned with professional certification; release time for
mentors and new teachers to work together, and teacher observation time
with accomplished peers. $250,000 may be used to provide state-wide
professional development opportunities for mentors and beginning
educators. The superintendent of public instruction shall adopt rules
to establish and operate a research-based beginning educator support
program no later than August 31, 2009. OSPI must evaluate the
program's progress and may contract for this work. A report to the
legislature about the beginning educator support program is due
November 1, 2010.
(26) (($1,790,000)) $390,000 of the education legacy trust account--state appropriation is provided solely for the development and
implementation of diagnostic assessments, consistent with the
recommendations of the Washington assessment of student learning work
group.
(27) Funding within this section is provided for implementation of
Engrossed Substitute Senate Bill No. 5414 (statewide assessments and
curricula).
(28) $530,000 of the general fund--state appropriation for fiscal
year 2010 and $265,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the leadership internship
program for superintendents, principals, and program administrators.
(29) Funding for the community learning center program, established
in RCW 28A.215.060, and providing grant funding for the 21st century
after-school program, is suspended and not eliminated.
(30) $2,357,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for implementation of Engrossed Second
Substitute Senate Bill No. 6696 (education reform). Of the amount
provided, $142,000 is provided to the professional educators' standards
board and $120,000 is provided to the system of the educational service
districts, to fulfill their respective duties under the bill.
Sec. 601 2010 2nd sp.s. c 1 s 602 (uncodified) is amended to read
as follows:
FOR THE UNIVERSITY OF WASHINGTON
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $269,571,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($259,706,000))
$257,706,000
General Fund--Federal Appropriation . . . . . . . . . . . . $43,971,000
Education Legacy Trust Account -- State Appropriation . . . . . . . . . . . . $54,534,000
Accident Account -- State Appropriation . . . . . . . . . . . . $6,750,000
Medical Aid Account -- State Appropriation . . . . . . . . . . . . $6,540,000
Biotoxin Account--State Appropriation . . . . . . . . . . . . $449,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($641,521,000))
$639,521,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) In implementing the appropriations in this section, the
president and regents shall seek to minimize impacts on student
services and instructional programs by maximizing reductions in
administration and other non-instructional activities.
(2) Because higher education is an essential driver of economic
recovery and development, the university shall maintain, and endeavor
to increase, enrollment and degree production levels at or beyond their
academic year 2008-09 levels in the following high-demand fields:
Biological and biomedical sciences; computer and information sciences;
education with specializations in special education, math, or science;
engineering and engineering technology; health professions and related
clinical sciences; and mathematics and statistics.
(3) $75,000 of the general fund--state appropriation for fiscal
year 2010 and $75,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for forestry research by the
Olympic natural resources center.
(4) $150,000 of the general fund--state appropriation for fiscal
year 2010 is provided solely for the William D. Ruckelshaus center for
facilitation, support, and analysis to support the nurse staffing
steering committee in its work to apply best practices related to
patient safety and nurse staffing.
(5) $54,000 of the general fund--state appropriation for fiscal
year 2010 and $54,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the University of Washington
geriatric education center to provide a voluntary adult family home
certification program. In addition to the minimum qualifications
required under RCW 70.128.120, individuals participating in the
voluntary adult family home certification program shall complete fifty-two hours of class requirements as established by the University of
Washington geriatric education center. Individuals completing the
requirements of RCW 70.128.120 and the voluntary adult family home
certification program shall be issued a certified adult family home
license by the department of social and health services. The
department of social and health services shall adopt rules implementing
the provisions of this subsection.
(6) $50,000 of the general fund--state appropriation for fiscal
year 2010 and $52,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the center for international
trade in forest products in the college of forest resources.
(7) $250,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for joint planning to increase the number
of residency positions and programs in eastern Washington and Spokane
within the existing Washington, Wyoming, Alaska, Montana, Idaho (WWAMI)
regional medical education program partnership between the University
of Washington school of medicine, Washington State University, and area
physicians and hospitals. The joint planning efforts are to include
preparation of applications for new residency programs in family
medicine, internal medicine, obstetrics, psychiatry and general
surgery; business plans for those new programs; and for increasing the
number of positions in existing programs among regional academic and
hospital partners and networks. The results of the joint planning
efforts, including the status of the application preparation and
business plan, must be reported to the house of representatives
committee on higher education and the senate committee on higher
education and workforce development by December 1, 2010.
(8) $25,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for implementation of chapter 164, Laws of
2010 (local government infrastructure). The University of Washington
shall use a qualified researcher to report the percentage probability
that the application's assumptions and estimates of jobs created and
increased tax receipts will be achieved by the projects. In making
this report, the qualified researcher shall work with the department of
revenue and the applicants to develop a series of factors that are
based on available economic metrics and sound principles.
(9) Budget reductions reflected in this section under this act may
only be applied to research budgets and functions and may not impact
state-supported instruction.
Sec. 602 2010 2nd sp.s. c 1 s 603 (uncodified) is amended to read
as follows:
FOR WASHINGTON STATE UNIVERSITY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $169,462,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($170,699,000))
$168,699,000
General Fund--Federal Appropriation . . . . . . . . . . . . $15,772,000
Education Legacy Trust Account -- State Appropriation . . . . . . . . . . . . $34,435,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($390,368,000))
$388,368,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) In implementing the appropriations in this section, the
president and regents shall seek to minimize impacts on student
services and instructional programs by maximizing reductions in
administration and other non-instructional activities.
(2) Because higher education is an essential driver of economic
recovery and development, the university shall maintain, and endeavor
to increase, enrollment and degree production levels at or beyond their
academic year 2008-09 levels in the following high-demand fields:
Biological and biomedical sciences; computer and information sciences;
education with specializations in special education, math, or science;
engineering and engineering technology; health professions and related
clinical sciences; and mathematics and statistics.
(3) When implementing reductions for fiscal year 2010 and fiscal
year 2011, Washington State University shall minimize reductions to
extension services and agriculture extension services. Agriculture
extension includes:
(a) Faculty with extension appointments working within the
following departments in the college of agricultural, human, and
natural resource sciences with extension appointments: Animal
sciences, crop and soil sciences, entomology, horticulture, and plant
pathology;
(b) The portion of county extension educators' appointments
assigned to the "agricultural programs" area;
(c) Staff with extension appointments and extension operating
allocations located at the irrigated agriculture research and extension
center (Prosser), northwest Washington research and extension center
(Mt. Vernon), and tree fruit research and extension center (Wenatchee);
and
(d) Extension contributions to the center for precision
agricultural systems, center for sustaining agriculture and natural
resources, and the agriculture weather network.
(4) $75,000 of the general fund--state appropriation for fiscal
year 2010 and $75,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for research related to honeybee
colony collapse disease.
(5) Budget reductions reflected in this section under this act may
only be applied to research budgets and functions and may not impact
state-supported instruction.
Sec. 603 2010 1st sp.s. c 37 s 610 (uncodified) is amended to
read as follows:
FOR THE HIGHER EDUCATION COORDINATING BOARD -- POLICY COORDINATION AND
ADMINISTRATION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $6,402,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($5,561,000))
$5,183,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $4,332,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($16,295,000))
$15,917,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Within the funds appropriated in this section, the higher
education coordinating board shall complete a system design planning
project that defines how the current higher education delivery system
can be shaped and expanded over the next ten years to best meet the
needs of Washington citizens and businesses for high quality and
accessible post-secondary education. The board shall propose policies
and specific, fiscally feasible implementation recommendations to
accomplish the goals established in the 2008 strategic master plan for
higher education. The project shall specifically address the roles,
missions, and instructional delivery systems both of the existing and
of proposed new components of the higher education system; the extent
to which specific academic programs should be expanded, consolidated,
or discontinued and how that would be accomplished; the utilization of
innovative instructional delivery systems and pedagogies to reach both
traditional and nontraditional students; and opportunities to
consolidate institutional administrative functions. The study
recommendations shall also address the proposed location, role,
mission, academic program, and governance of any recommended new
campus, institution, or university center. During the planning
process, the board shall inform and actively involve the chairs from
the senate and house of representatives committees on higher education,
or their designees. The board shall report the findings and
recommendations of this system design planning project to the governor
and the appropriate committees of the legislature by December 1, 2009.
(2) $146,000 of the general fund--state appropriation for fiscal
year 2010 and $65,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the higher education
coordinating board to administer Engrossed Second Substitute House Bill
No. 2021 (revitalizing student financial aid). If the bill is not
enacted by June 30, 2009, the amounts provided in this subsection shall
lapse.
(3) $167,000 of the general fund--state appropriation for fiscal
year 2010 and $71,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to implement Engrossed Second
Substitute House Bill No. 1946 (regarding higher education online
technology). If the bill is not enacted by June 30, 2009, the amounts
provided in this subsection shall lapse.
(4) $350,000 of the general fund--state appropriation for fiscal
year 2010 and $200,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the higher education
coordinating board to contract with the Pacific Northwest university of
health sciences to conduct training and education of health care
professionals to promote osteopathic physician services in rural and
underserved areas of the state.
Sec. 604 2010 1st sp.s. c 37 s 612 (uncodified) is amended to
read as follows:
FOR THE WORK FORCE TRAINING AND EDUCATION COORDINATING BOARD
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,465,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,444,000))
$1,353,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $54,020,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($56,929,000))
$56,838,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $60,000 of the general fund--state appropriation for fiscal
year 2010 and $60,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for implementation of Engrossed
Second Substitute House Bill No. 2227 (evergreen jobs act). If the
bill is not enacted by June 30, 2009, the amounts provided in this
subsection shall lapse.
(2) In 2010 and 2011, the board shall continue to designate
recipients of the Washington award for vocational excellence and to
recognize them at award ceremonies as provided in RCW 28C.04.535, but
state funding is provided for award of only one scholarship per
legislative district during the 2010-11 academic year. After the 2010-11 academic year, and as provided in RCW 28B.76.670, the board may
distribute grants to these eligible students to the extent that funds
are appropriated for this purpose.
Sec. 605 2010 1st sp.s. c 37 s 613 (uncodified) is amended to
read as follows:
FOR THE SPOKANE INTERCOLLEGIATE RESEARCH AND TECHNOLOGY INSTITUTE
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,598,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,490,000))
$1,327,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,088,000))
$2,925,000
The appropriations in this section are subject to the following
conditions and limitations: Within existing resources, the Spokane
intercollegiate research and technology institute shall coordinate with
the Washington technology center to identify gaps and overlaps in
programs and evaluate strategies to reduce administrative overhead
expenses per section 122(27) of this act.
Sec. 606 2010 1st sp.s. c 37 s 614 (uncodified) is amended to
read as follows:
FOR THE DEPARTMENT OF EARLY LEARNING
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $60,400,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($21,241,000))
$20,085,000
General Fund -- Federal Appropriation . . . . . . . . . . . . (($265,305,000))
$266,004,000
Opportunity Pathways Account--State Appropriation . . . . . . . . . . . . $40,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($386,946,000))
$386,489,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $54,878,000 of the general fund--state appropriation for fiscal
year 2010 and (($14,685,000)) $14,405,000 of the general fund--state
appropriation for fiscal year 2011, and $40,000,000 of the opportunity
pathways account appropriation are provided solely for early childhood
education and assistance program services. This appropriation
temporarily reduces the number of slots for the 2009-11 fiscal biennium
for the early childhood education and assistance program. The
department shall reduce slots where providers serve both federal
headstart and early childhood education and assistance program
children, to the greatest extent possible, in order to achieve no
reduction of slots across the state. The amounts in this subsection
also reflect reductions to the administrative expenditures for the
early childhood education and assistance program. The department shall
reduce administrative expenditures, to the greatest extent possible,
prior to reducing early childhood education and assistance program
slots. Of these amounts, $10,284,000 is a portion of the biennial
amount of state matching dollars required to receive federal child care
and development fund grant dollars.
(2) $1,000,000 of the general fund--federal appropriation is
provided to the department to contract with Thrive by Five, Washington
for a pilot project for a quality rating and improvement system to
provide parents with information they need to choose quality child care
and education programs and to improve the quality of early care and
education programs. The department in collaboration with Thrive by
Five shall operate the pilot projects in King, Yakima, Clark, Spokane,
and Kitsap counties. The department shall use child care development
fund quality money for this purpose.
(3) $425,000 of the general fund--state appropriation for fiscal
year 2010, $213,000 of the general fund--state appropriation for fiscal
year 2011, and $850,000 of the general fund--federal appropriation are
provided solely for child care resource and referral network services.
The general fund--federal funding represents moneys from the American
recovery and reinvestment act of 2009 (child care development block
grant).
(4) $750,000 of the general fund--state appropriation for fiscal
year 2010, $750,000 of the general fund--state appropriation for fiscal
year 2011, and $1,500,000 of the general fund--federal appropriation
are provided solely for the career and wage ladder program created by
chapter 507, Laws of 2005. The general fund--federal funding
represents moneys from the American recovery and reinvestment act of
2009 (child care development block grant).
(5) $50,000 of the general fund--state appropriation for fiscal
year 2010 and $50,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for the department to work with
stakeholders and the office of the superintendent of public instruction
to identify and test a kindergarten assessment process and tools in
geographically diverse school districts. School districts may
participate in testing the kindergarten assessment process on a
voluntary basis. The department shall report to the legislature on the
kindergarten assessment process not later than January 15, 2011.
Expenditure of amounts provided in this subsection is contingent on
receipt of an equal match from private sources. As matching funds are
made available, the department may expend the amounts provided in this
subsection.
(6) $1,600,000 of the general fund--federal appropriation is
provided solely for the department to fund programs to improve the
quality of infant and toddler child care through training, technical
assistance, and child care consultation.
(7) $200,000 of the general fund--state appropriation for fiscal
year 2010 and $200,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely to develop and provide culturally
relevant supports for parents, family, and other caregivers.
(8) The legislature notes that the department of early learning is
developing a plan for improving child care licensing and is consulting,
as practicable, with parents, licensed child care providers, and
stakeholders from the child care community. The plan shall outline the
processes and specify the resources necessary for improvements such as
continuing licenses, child care licensing technology, and weighted
child care regulations, including development of risk-based decision
making models and inclusive, evidence-based rule making. The
department shall submit to the appropriate committees of the
legislature a plan by January 15, 2011.
(9) The department is the lead agency for and recipient of the
federal child care and development fund grant. Amounts within this
grant shall be used to fund child care licensing, quality initiatives,
agency administration, and other costs associated with child care
subsidies. The department shall transfer a portion of this grant to
the department of social and health services to partially fund the
child care subsidies paid by the department of social and health
services on behalf of the department of early learning.
(10) The department shall use child care development fund money to
satisfy the federal audit requirement of the improper payments act
(IPIA) of 2002. In accordance with the IPIA's rules, the money spent
on the audits will not count against the five percent state limit on
administrative expenditures.
(11) Within available amounts, the department in consultation with
the office of financial management and the department of social and
health services shall report quarterly enrollments and active caseload
for the working connections child care program to the legislative
fiscal committees. The report shall also identify the number of cases
participating in both temporary assistance for needy families and
working connections child care.
(12) The appropriations in this section reflect reductions in the
appropriations for the department's administrative expenses. It is the
intent of the legislature that these reductions shall be achieved, to
the greatest extent possible, by reducing those administrative costs
that do not affect direct client services or direct service delivery or
program.
(13) $500,000 of the general fund--state appropriation for fiscal
year 2011 is provided solely for the department to contract with the
private-public partnership established in chapter 43.215 RCW for home
visitation programs. Of this amount, $200,000 of the general fund--state appropriation for fiscal year 2011 is provided solely for
expenditure into the home visiting services account created in Part IX
of this act to be used for contracts for home visitation with the
private-public partnership.
(14) In accordance to RCW 43.215.255(2) and 43.135.055, the
department is authorized to increase child care center licensure fees
by fifty-two dollars for the first twelve children and an additional
four dollars per additional child in fiscal year 2011 for costs to the
department for the licensure activity, including costs of necessary
inspection.
(15) In accordance with RCW 43.135.055, the department of early
learning is authorized to adopt and increase the fees set forth in and
previously authorized in section 3, chapter 231, Laws of 2010.
(16) As of January 31, 2011, the department may not adopt, enforce,
or implement any rules or policies restricting the eligibility of
consumers for child care subsidy benefits to a countable income level
below one hundred seventy-five percent of the federal poverty
guidelines.
Sec. 607 2010 1st sp.s. c 37 s 615 (uncodified) is amended to
read as follows:
FOR THE STATE SCHOOL FOR THE BLIND
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $5,902,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($5,985,000))
$5,509,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,942,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($13,829,000))
$13,353,000
The appropriations in this section are subject to the following
conditions and limitations: $271,000 of the general fund--private/local appropriation is provided solely for the school for the
blind to offer short course programs, allowing students the opportunity
to leave their home schools for short periods and receive intensive
training. The school for the blind shall provide this service to the
extent that it is funded by contracts with school districts and
educational services districts.
Sec. 608 2010 1st sp.s. c 37 s 616 (uncodified) is amended to
read as follows:
FOR THE WASHINGTON STATE CENTER FOR CHILDHOOD DEAFNESS AND HEARING
LOSS
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $8,593,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($8,782,000))
$8,230,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $526,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($17,901,000))
$17,349,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $210,000 of the general fund--private/local appropriation is
provided solely for the operation of the shared reading video outreach
program. The school for the deaf shall provide this service to the
extent it is funded by contracts with school districts and educational
service districts.
(2) $25,000 of the general fund--state appropriation for fiscal
year 2010 and $25,000 of the general fund--state appropriation for
fiscal year 2011 are provided solely for implementation of Engrossed
Second Substitute House Bill No. 1879 (deaf and hard of hearing). If
the bill is not enacted by June 30, 2009, the amounts provided in this
subsection shall lapse.
Sec. 609 2010 1st sp.s. c 37 s 617 (uncodified) is amended to
read as follows:
FOR THE WASHINGTON STATE ARTS COMMISSION
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,844,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,347,000))
$1,230,000
General Fund -- Federal Appropriation . . . . . . . . . . . . $1,944,000
General Fund -- Private/Local Appropriation . . . . . . . . . . . . $1,052,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($6,187,000))
$6,070,000
The appropriations in this section are subject to the following
conditions and limitations: It is the intent of the legislature that
the reductions in appropriations in this section shall be achieved, to
the greatest extent possible, by reducing those administrative costs
that do not affect direct client services or direct service delivery or
programs. The agency shall, to the greatest extent possible, reduce
spending in those areas that shall have the least impact on
implementing its mission.
Sec. 610 2010 1st sp.s. c 37 s 618 (uncodified) is amended to
read as follows:
FOR THE WASHINGTON STATE HISTORICAL SOCIETY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $2,592,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($2,607,000))
$2,381,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($5,199,000))
$4,973,000
The appropriations in this section are subject to the following
conditions and limitations: It is the intent of the legislature that
the reductions in appropriations in this section shall be achieved, to
the greatest extent possible, by reducing those administrative costs
that do not affect direct client services or direct service delivery or
programs. The agency shall, to the greatest extent possible, reduce
spending in those areas that shall have the least impact on
implementing its mission.
Sec. 611 2010 1st sp.s. c 37 s 619 (uncodified) is amended to
read as follows:
FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY
General Fund -- State Appropriation (FY 2010) . . . . . . . . . . . . $1,612,000
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($1,632,000))
$1,490,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,244,000))
$3,102,000
The appropriations in this section are subject to the following
conditions and limitations: It is the intent of the legislature that
the reductions in appropriations in this section shall be achieved, to
the greatest extent possible, by reducing those administrative costs
that do not affect direct client services or direct service delivery or
programs. The agency shall, to the greatest extent possible, reduce
spending in those areas that shall have the least impact on
implementing its mission.
NEW SECTION. Sec. 612 A new section is added to 2009 c 564
(uncodified) to read as follows:
In accordance with RCW 43.135.055, each governing board of the
state research universities, the state regional universities, and The
Evergreen State University is authorized to adopt and increase all
charges and all fees set forth in and previously authorized in section
603 (4), (7), and (8), chapter 564, Laws of 2009.
NEW SECTION. Sec. 613 A new section is added to 2009 c 564
(uncodified) to read as follows:
In accordance with RCW 43.135.055, the trustees of the state's
community and technical colleges are authorized to adopt and increase
all charges and all fees set forth in and previously authorized in
section 604 (7), (8), and (9), chapter 564, Laws of 2009.
Sec. 701 2010 1st sp.s. c 37 s 705 (uncodified) is amended to
read as follows:
FOR THE DEPARTMENT OF HEALTH -- COUNTY PUBLIC HEALTH ASSISTANCE
General Fund -- State Appropriation (FY 2011) . . . . . . . . . . . . (($24,000,000))
$22,303,000
The appropriations in this section are subject to the following
conditions and limitations: The director of the department of health
shall distribute the appropriations to the following counties and
health districts in the amounts designated to support public health
services, including public health nursing:
| (( | |
| Health District | FY 2011 |
| Clallam County Health and Human Services Department | $131,729 |
| Clark County Health District | $982,997 |
| Skamania County Health Department | $24,794 |
| Columbia County Health District | $37,663 |
| Cowlitz County Health Department | $258,863 |
| Garfield County Health District | $13,965 |
| Grant County Health District | $110,210 |
| Grays Harbor Health Department | $170,869 |
| Island County Health Department | $85,394 |
| Jefferson County Health and Human Services | $79,716 |
| Seattle-King County Department of Public Health | $8,857,773 |
| Bremerton-Kitsap County Health District | $515,449 |
| Kittitas County Health Department | $85,959 |
| Klickitat County Health Department | $57,990 |
| Lewis County Health Department | $98,320 |
| Lincoln County Health Department | $27,605 |
| Mason County Department of Health Services | $89,201 |
| Okanogan County Health District | $58,971 |
| Pacific County Health Department | $71,952 |
| Tacoma-Pierce County Health Department | $2,621,151 |
| San Juan County Health and Community Services | $34,877 |
| Skagit County Health Department | $208,093 |
| Snohomish Health District | $2,098,533 |
| Spokane County Health District | $1,952,840 |
| Northeast Tri-County Health District | $102,644 |
| Thurston County Health Department | $557,964 |
| Wahkiakum County Health Department | $12,798 |
| Walla Walla County-City Health Department | $159,896 |
| Whatcom County Health Department | $795,346 |
| Whitman County Health Department | $73,166 |
| Yakima Health District | $579,689 |
| Adams County Health District | $28,763 |
| Asotin County Health District | $62,926 |
| Benton-Franklin Health District | $1,083,194 |
| Chelan-Douglas Health District | $171,697 |
| TOTAL APPROPRIATIONS | $22,303,000 |
Sec. 702 2010 1st sp.s. c 37 s 707 (uncodified) is amended to
read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--CAPITOL BUILDING CONSTRUCTION
ACCOUNT
General Fund--State Appropriation (FY 2010) . . . . . . . . . . . . $1,912,000
General Fund--State Appropriation (FY 2011) . . . . . . . . . . . . (($3,615,000))
$1,815,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($5,527,000))
$3,727,000
The appropriations in this section are subject to the following
conditions and limitations: The appropriations are provided solely for
expenditure into the capitol building construction account.
Sec. 703 2010 1st sp.s. c 37 s 711 (uncodified) is amended to
read as follows:
INFORMATION TECHNOLOGY. Pursuant to section 11, chapter 282, Laws
of 2010 (state government technology use), the office of financial
management shall work with the appropriate state agencies to generate
savings of $30,000,000 from technology efficiencies from the state
general fund. From appropriations in this act, the office of financial
management shall reduce general fund--state allotments by
(($30,000,000)) $24,841,000 for fiscal year 2011. The office of
financial management shall, utilizing existing fund balance, reduce the
data processing revolving account rates in an amount to reflect up to
half of the reductions identified in this section. The office of
financial management may use savings or existing fund balances from
information technology accounts to achieve savings in this section.
The allotment reductions shall be placed in unallotted status and
remain unexpended. Nothing in this section is intended to impact
revenue collection efforts by the department of revenue.
Sec. 704 2009 c 564 s 711 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT -- EDUCATION TECHNOLOGY REVOLVING
ACCOUNT
General Fund--State Appropriation (FY 2010) . . . . . . . . . . . . $8,000,000
General Fund--State Appropriation (FY 2011) . . . . . . . . . . . . (($8,000,000))
$7,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($16,000,000))
$15,000,000
The appropriations in this section are subject to the following
conditions and limitations: The appropriations in this section are
provided solely for expenditure into the education technology revolving
account for the purpose of covering ongoing operational and equipment
replacement costs incurred by the K-20 educational network program in
providing telecommunication services to network participants.
NEW SECTION. Sec. 705 A new section is added to 2009 c 564
(uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--WASHINGTON OPPORTUNITY
PATHWAYS ACCOUNT
General Fund--State Appropriation (FY 2011) . . . . . . . . . . . . $19,000,000
The appropriation in this section is subject to the following
conditions and limitations: The appropriation is provided solely for
expenditure into the Washington opportunity pathways account.
NEW SECTION. Sec. 706 A new section is added to 2009 c 564
(uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--EDUCATION LEGACY TRUST ACCOUNT
General Fund--State Appropriation (FY 2011) . . . . . . . . . . . . $1,501,000
The appropriation in this section is subject to the following
conditions and limitations: The appropriation is provided solely for
expenditure into the education legacy trust account.
Sec. 801 2010 2nd sp.s. c 1 s 801 (uncodified) is amended to read
as follows:
FOR THE STATE TREASURER -- TRANSFERS
State Treasurer's Service Account: For transfer to the
state general fund, $16,400,000 for fiscal
year 2010 and $26,400,000 for fiscal year 2011 . . . . . . . . . . . . $42,800,000
Waste Reduction, Recycling and Litter Control Account:
For transfer to the state general fund, $3,000,000
for fiscal year 2010 and $3,000,000 for fiscal year
2011 . . . . . . . . . . . . $6,000,000
State Toxics Control Account: For transfer to the
state general fund, $15,340,000 for fiscal year
2010 and $37,780,000 for fiscal
year 2011 . . . . . . . . . . . . $53,120,000
Local Toxics Control Account: For transfer to the
state general fund, $37,060,000 for fiscal year
2010 and (($48,759,000)) $65,759,000 for fiscal
year 2011 . . . . . . . . . . . . (($85,819,000))
$102,819,000
Education Construction Account: For transfer to the
state general fund, $105,228,000 for fiscal year
2010 and $106,451,000 for fiscal year 2011 . . . . . . . . . . . . $211,679,000
Aquatics Lands Enhancement Account: For transfer to
the state general fund, $8,520,000 for fiscal
year 2010 and (($5,050,000)) $12,550,000 for
fiscal year 2011 . . . . . . . . . . . . (($13,570,000))
$21,070,000
Drinking Water Assistance Account: For transfer to
the drinking water assistance repayment account . . . . . . . . . . . . $28,600,000
Economic Development Strategic Reserve Account: For
transfer to the state general fund, $2,500,000 for
fiscal year 2010 and (($2,500,000)) $3,900,000
for fiscal year 2011 . . . . . . . . . . . . (($5,000,000))
$6,400,000
Tobacco Settlement Account: For transfer to the state
general fund, in an amount not to exceed by more
than $26,000,000 the actual amount of the annual
payment to the tobacco settlement account . . . . . . . . . . . . $204,098,000
Tobacco Settlement Account: For transfer to the life
sciences discovery fund, in an amount not to exceed
$26,000,000 less than the actual amount of the
strategic contribution supplemental payment to
the tobacco settlement account . . . . . . . . . . . . $39,170,000
General Fund: For transfer to the streamline sales and
use tax account, $24,274,000 for fiscal year 2010
and $24,182,000 for fiscal year 2011 . . . . . . . . . . . . $48,456,000
State Convention and Trade Center Account: For
transfer to the state convention and trade center
operations account, $1,000,000 for fiscal year
2010 and $3,100,000 for fiscal year 2011 . . . . . . . . . . . . $4,100,000
Tobacco Prevention and Control Account: For transfer
to the state general fund, $1,961,000 for fiscal
year 2010 and $3,000,000 for fiscal year 2011 . . . . . . . . . . . . $4,961,000
Nisqually Earthquake Account: For transfer to the
disaster response account for fiscal year 2010 . . . . . . . . . . . . $500,000
Judicial Information Systems Account: For transfer
to the state general fund, $3,250,000 for fiscal
year 2010 and $3,250,000 for fiscal year 2011 . . . . . . . . . . . . $6,500,000
Department of Retirement Systems Expense Account: For
transfer to the state general fund, $1,000,000 for
fiscal year 2010 and $1,500,000 for fiscal year
2011 . . . . . . . . . . . . $2,500,000
State Emergency Water Projects Account: For transfer
to the state general fund, $390,000 for fiscal
year 2011 . . . . . . . . . . . . $390,000
The Charitable, Educational, Penal, and Reformatory
Institutions Account: For transfer to the state
general fund, $5,550,000 for fiscal year 2010 and
(($5,550,000)) $4,450,000 for fiscal year
2011 . . . . . . . . . . . . (($11,100,000))
$10,000,000
Energy Freedom Account: For transfer to the state
general fund, $4,038,000 for fiscal year 2010 and
$2,978,000 for fiscal year 2011 . . . . . . . . . . . . $7,016,000
Thurston County Capital Facilities Account: For
transfer to the state general fund, $8,604,000
for fiscal year 2010 and (($5,538,000)) $5,156,000
for fiscal year 2011 . . . . . . . . . . . . (($14,142,000))
$13,760,000
Public Works Assistance Account: For transfer to the
state general fund, $279,640,000 for fiscal year
2010 and $229,560,000 for fiscal year 2011 . . . . . . . . . . . . $509,200,000
Budget Stabilization Account: For transfer to the
state general fund for fiscal year 2010 . . . . . . . . . . . . $45,130,000
Liquor Revolving Account: For transfer to the state
general fund, $31,000,000 for fiscal year 2010 and
$31,000,000 for fiscal year 2011 . . . . . . . . . . . . $62,000,000
Public Works Assistance Account: For transfer to the
city-county assistance account, $5,000,000 on
July 1, 2009, and $5,000,000 on July 1, 2010 . . . . . . . . . . . . $10,000,000
Public Works Assistance Account: For transfer to the
drinking water assistance account, $6,930,000
for fiscal year 2010 and $4,000,000 for fiscal
year 2011 . . . . . . . . . . . . $10,930,000
Shared Game Lottery Account: For transfer to the
education legacy trust account, $3,600,000 for
fiscal year 2010 and $2,400,000 for fiscal year
2011 . . . . . . . . . . . . $6,000,000
State Lottery Account: For transfer to the education
legacy trust account, $9,500,000 for fiscal year
2010 and $9,500,000 for fiscal year 2011 . . . . . . . . . . . . $19,000,000
College Faculty Awards Trust Fund: For transfer
to the state general fund for fiscal year 2010,
an amount not to exceed the actual cash balance
of the fund and $1,957,000 for fiscal year 2011 . . . . . . . . . . . . (($4,000,000))
$5,957,000
Washington Distinguished Professorship Trust Fund:
For transfer to the state general fund for fiscal
year 2010, an amount not to exceed the actual cash
balance of the fund and $2,966,000 for fiscal year
2011 . . . . . . . . . . . . (($6,000,000))
$8,966,000
Washington Graduate Fellowship Trust Account:
For transfer to the state general fund for fiscal
year 2010, an amount not to exceed the actual cash
balance of the fund and $1,008,000 for fiscal year
2011 . . . . . . . . . . . . (($2,000,000))
$3,008,000
GET Ready for Math and Science Scholarship Account:
For transfer to the state general fund for
fiscal year 2010, an amount not to exceed
the actual cash balance not comprised of or
needed to match private contributions . . . . . . . . . . . . $1,800,000
Financial Services Regulation Account: For transfer
to the state general fund, $2,000,000 for fiscal
year 2010 and $7,000,000 for fiscal year 2011 . . . . . . . . . . . . $9,000,000
Data Processing Revolving Fund: For transfer to
the state general fund, $5,632,000 for fiscal
year 2010 and $4,159,000 for fiscal year 2011 . . . . . . . . . . . . (($5,632,000))
$9,791,000
Public Service Revolving Account: For transfer to
the state general fund, $8,000,000 for fiscal
year 2010 and $7,000,000 for fiscal year 2011 . . . . . . . . . . . . $15,000,000
Water Quality Capital Account: For transfer to the
state general fund, $278,000 for fiscal year 2011 . . . . . . . . . . . . $278,000
Performance Audits of Government Account: For
transfer to the state general fund, $10,000,000
for fiscal year 2010 and (($5,000,000)) $7,000,000
for fiscal year 2011 . . . . . . . . . . . . (($15,000,000))
$17,000,000
Job Development Account: For transfer to the
state general fund, $20,930,000 for fiscal
year 2010 . . . . . . . . . . . . $20,930,000
Savings Incentive Account: For transfer to the
state general fund, $10,117,000 for fiscal
year 2010 and $32,075,000 for fiscal year
2011 . . . . . . . . . . . . (($10,117,000))
$42,192,000
Education Savings Account: For transfer to the
state general fund, (($100,767,000)) $90,690,000
for fiscal year 2010 and $53,384,000 for fiscal
year 2011 . . . . . . . . . . . . (($100,767,000))
$144,074,000
Cleanup Settlement Account: For transfer to the
state efficiency and restructuring account for
fiscal year 2011 . . . . . . . . . . . . $39,480,000
Disaster Response Account: For transfer to the
state drought preparedness account, $4,000,000
for fiscal year 2010 . . . . . . . . . . . . $4,000,000
Washington State Convention and Trade Center Account:
For transfer to the state general fund, $10,000,000
for fiscal year 2011. The transfer in this section
shall occur on June 30, 2011, only if by that date
the Washington state convention and trade center is
not transferred to a public facilities district
pursuant to Substitute Senate Bill No. 6889
(convention and trade center) . . . . . . . . . . . . $10,000,000
Institutional Welfare/Betterment Account: For transfer
to the state general fund, $2,000,000 for fiscal
year 2010 and $2,000,000 for fiscal year 2011 . . . . . . . . . . . . $4,000,000
Future Teacher Conditional Scholarship Account: For
transfer to the state general fund, $2,150,000
for fiscal year 2010 and $2,150,000 for fiscal
year 2011 . . . . . . . . . . . . $4,300,000
Fingerprint Identification Account: For transfer
to the state general fund, $800,000 for fiscal
year 2011 . . . . . . . . . . . . $800,000
Prevent or Reduce Owner-Occupied Foreclosure
Program Account: For transfer to the financial
education public-private partnership account for
fiscal year 2010, an amount not to exceed the actual
cash balance of the fund as of June 30, 2010 . . . . . . . . . . . . $300,000
Nisqually Earthquake Account: For transfer to the
state general fund for fiscal year 2011 . . . . . . . . . . . . (($1,000,000))
$696,000
Disaster Response Account: For transfer to the state
general fund for fiscal year 2011 . . . . . . . . . . . . (($15,000,000))
$14,500,000
Washington Auto Theft Prevention Account: For
transfer to the state general fund, $1,500,000
for fiscal year 2011 . . . . . . . . . . . . $1,500,000
Tourism Enterprise Account: For transfer to the
state general fund, $650,000 for fiscal year
2011 . . . . . . . . . . . . $650,000
Tourism Development and Promotion Account: For
transfer to the state general fund, $205,000
for fiscal year 2011 . . . . . . . . . . . . $205,000
Life Sciences Discovery Fund: For transfer to
the state general fund . . . . . . . . . . . . $2,200,000
Certified Public Accountants' Account: For transfer
to the state general fund, $1,000,000 for fiscal
year 2011 . . . . . . . . . . . . $1,000,000
Industrial Insurance Premium Refund Account: For
transfer to the state general fund, $4,500,000
for fiscal year 2011 . . . . . . . . . . . . $4,500,000
Distressed County Assistance Account: For transfer
to the state general fund, $205,000 for
fiscal year 2011 . . . . . . . . . . . . $ 205,000
State Drought Preparedness Account: For transfer to
the state general fund, $4,000,000 for fiscal
year 2011 . . . . . . . . . . . . $4,000,000
Freshwater Aquatic Algae Control Account: For
transfer to the state general fund, $400,000 for
fiscal year 2011 . . . . . . . . . . . . $400,000
Freshwater Aquatic Weeds Account: For transfer to
the state general fund, $300,000 for fiscal
year 2011 . . . . . . . . . . . . $300,000
Liquor Control Board Construction and Maintenance
Account: For transfer to the state general fund
for fiscal year 2011 . . . . . . . . . . . . $3,000,000
Sec. 802 2010 1st sp.s. c 31 s 1 (uncodified) is amended to read
as follows:
(1) The state treasurer shall transfer two hundred ((twenty-nine))
twenty-three million two hundred nine thousand dollars or as much of
that amount as is available from the budget stabilization account to
the state general fund for fiscal year 2011.
(2) The transfer in subsection (1) of this section is to minimize
reductions to public school programs in the 2010 supplemental omnibus
operating budget.
Sec. 901 2010 1st sp.s. c 32 s 3 (uncodified) is amended to read
as follows:
(1)(a) The office of financial management shall certify to each
executive branch state agency and institution of higher education the
compensation reduction amount to be achieved by that agency or
institution. Each agency and institution shall achieve compensation
expenditure reductions as provided in the omnibus appropriations act.
(b) Each executive branch state agency other than institutions of
higher education may submit to the office of financial management a
compensation reduction plan to achieve the cost reductions as provided
in the omnibus appropriations act. The compensation reduction plan of
each executive branch agency may include, but is not limited to,
employee leave without pay, including additional mandatory and
voluntary temporary layoffs, reductions in the agency workforce,
compensation reductions, and reduced work hours, as well as voluntary
retirement, separation, and other incentive programs authorized by
section 912, chapter 564, Laws of 2009. The amount of compensation
cost reductions to be achieved by each agency shall be adjusted to
reflect voluntary and mandatory temporary layoffs at the agency during
the 2009-2011 fiscal biennium and implemented prior to January 1, 2010,
but not adjusted by other compensation reduction plans adopted as a
result of the enactment of chapter 564, Laws of 2009, or the enactment
of other compensation cost reduction measures applicable to the 2009-2011 fiscal biennium.
(c) Each institution of higher education must submit to the office
of financial management a compensation and operations reduction plan to
achieve at least the cost reductions as provided in the omnibus
appropriations act. For purposes of the reduction plan, the state
board of community and technical colleges shall submit a single plan on
behalf of all community and technical colleges. The reduction plan of
each institution may include, but is not limited to, employee leave
without pay, including mandatory and voluntary temporary layoffs,
reductions in the institution workforce, compensation reductions, and
reduced work hours, as well as voluntary retirement, separation,
incentive programs authorized by section 912, chapter 564, Laws of
2009, as well as other reductions to the cost of operations. The
amount of cost reductions to be achieved by each institution shall be
adjusted to reflect voluntary and mandatory temporary layoffs at the
institution during the 2009-2011 fiscal biennium and implemented prior
to January 1, 2010, but not adjusted by other compensation reduction
plans adopted as a result of the enactment of chapter 564, Laws of
2009, or the enactment of other compensation cost reduction measures
applicable to the 2009-2011 fiscal biennium.
(d) The director of financial management shall review, approve, and
submit to the legislative fiscal committees those executive branch
state agencies and higher education institution plans that achieves the
cost reductions as provided in the omnibus appropriations act. For
those executive branch state agencies and institutions of higher
education that do not have an approved compensation and operations
reduction plan, the institution shall be closed on the dates specified
in subsection (2) of this section.
(e) For each agency of the legislative branch, the chief clerk of
the house of representatives and the secretary of the senate shall
review and approve a plan of employee mandatory and voluntary leave for
the 2009-2011 fiscal biennium that achieves the cost reductions as
provided in the omnibus appropriations act. The amount of compensation
cost reductions to be achieved shall be adjusted, if necessary, to
reflect voluntary and mandatory temporary layoffs at the agencies
during the 2009-2011 fiscal biennium and implemented prior to January
1, 2010.
(f) For each agency of the judicial branch, the supreme court shall
review and approve a plan of employee mandatory and voluntary leave for
the 2009-2011 fiscal biennium that achieve the cost reductions as
provided in the omnibus appropriations act. The amount of compensation
cost reductions to be achieved shall be adjusted, if necessary, to
reflect voluntary and mandatory temporary layoffs at the agencies
during the 2009-2011 fiscal biennium and implemented prior to January
1, 2010.
(2) Each state agency of the executive, legislative, and judicial
branch, and any institution that does not have an approved plan in
accordance with subsection (1) of this section shall be closed on the
following dates in addition to the legal holidays specified in RCW
1.16.050:
(a) Monday, July 12, 2010;
(b) Friday, August 6, 2010;
(c) Tuesday, September 7, 2010;
(d) Monday, October 11, 2010;
(e) Monday, December 27, 2010;
(f) Friday, January 28, 2011;
(g) Tuesday, February 22, 2011;
(h) Friday, March ((11)) 28, 2011;
(i) Friday, April 22, 2011;
(j) Friday, June 10, 2011.
(3) If the closure of state agencies or institutions under
subsection (2) of this section prevents the performance of any action,
the action shall be considered timely if performed on the next business
day.
(4) The following activities of state agencies and institutions of
higher education are exempt from subsections (1) and (2) of this
section:
(a) Direct custody, supervision, and patient care in: (i)
Corrections; (ii) juvenile rehabilitation; (iii) institutional care of
veterans, or individuals with mental illness, and individuals with
developmental disabilities; (iv) state hospitals, the University of
Washington medical center, and Harborview medical center; (v) the
special commitment center; (vi) the school for the blind; (vii) the
state center for childhood deafness and hearing loss; and (viii) the
Washington youth academy;
(b) Direct protective services to children and other vulnerable
populations, child support enforcement, disability determination
services, complaint investigators, and residential care licensors and
surveyors in the department of social and health services and the
department of health;
(c) Washington state patrol investigative services and field
enforcement;
(d) Hazardous materials response or emergency response and cleanup;
(e) Emergency public health and patient safety response and the
public health laboratory;
(f) Military operations and emergency management within the
military department;
(g) Firefighting;
(h) Enforcement officers in the department of fish and wildlife,
the liquor control board, the gambling commission, the department of
financial institutions, and the department of natural resources;
(i) State parks operated by the parks and recreation commission;
(j) In institutions of higher education, classroom instruction,
operations not funded from state funds or tuition, campus police and
security, emergency management and response, work performed by student
employees if the duties were not previously assigned to nonstudents
during the current or prior school year, and student health care;
(k) Operations of liquor control board business enterprises and
games conducted by the state lottery;
(l) Agricultural commodity commissions and boards, and agricultural
inspection programs operated by the department of agriculture;
(m) The unemployment insurance program and reemployment services of
the employment security department;
(n) The workers' compensation program and workplace safety and
health compliance activities of the department of labor and industries;
(o) The operation, maintenance, and construction of state ferries
and state highways;
(p) The department of revenue;
(q) Licensing service offices in the department of licensing that
are open no more than two days per week, and no licensing service
office closures may occur on Saturdays as a result of this section;
(r) The governor, lieutenant governor, legislative agencies, and
the office of financial management, during sessions of the legislature
under Article II, section 12 of the state Constitution and the twenty-day veto period under Article IV, section 12 of the state Constitution;
(s) The office of the attorney general, except for management and
administrative functions not directly related to civil, criminal, or
administrative actions;
(t) The labor relations office of the office of financial
management through November 1, 2010;
(u) The minimal use of state employees on the specified closure
dates as necessary to protect public assets and information technology
systems, and to maintain public safety; and
(v) The operations of the office of the insurance commissioner that
are funded by industry regulatory fees.
(5)(a) The closure of an office of a state agency or institution of
higher education under this section shall result in the temporary
layoff of the employees of the agency or institution. The compensation
of the employees shall be reduced proportionately to the duration of
the temporary layoff. Temporary layoffs under this section shall not
affect the employees' vacation leave accrual, seniority, health
insurance, or sick leave credits. For the purposes of chapter 430,
Laws of 2009, the compensation reductions under this section are deemed
to be an integral part of an employer's expenditure reduction efforts
and shall not result in the loss of retirement benefits in any state
defined benefit retirement plan for an employee whose period of average
final compensation includes a portion of the period from the effective
date of this section through June 30, 2011.
(b)(i) During the closure of an office or institution under this
section, any employee with a monthly full-time equivalent salary of two
thousand five hundred dollars or less may, at the employee's option,
use accrued vacation leave in lieu of temporary layoff during the
closure. Solely for this purpose, and during the 2009-2011 fiscal
biennium only, the department of personnel shall adopt rules to permit
employees with less than six months of continuous state employment to
use accrued vacation leave.
(ii) If an employee with a monthly full-time equivalent salary of
two thousand five hundred dollars or less has no accrued vacation
leave, that employee may use shared leave, if approved by the agency
director, and if made available through donations under RCW 41.04.665
in lieu of temporary layoff during the closure.
(6) Except as provided in subsection (4) of this section, for
employees not scheduled to work on a day specified in subsection (2) of
this section, the employing agency must designate an alternative day
during that month on which the employee is scheduled to work that the
employee will take temporary leave without pay.
(7) To the extent that the implementation of this section is
subject to collective bargaining under chapter 41.80 RCW, the
bargaining shall be conducted pursuant to section 4 of this act. To
the extent that the implementation of this section is subject to
collective bargaining under chapters 28B.52, 41.56, 41.76, or 47.64
RCW, the bargaining shall be conducted pursuant to these chapters.
(8) For all or a portion of the employees of an agency of the
executive branch, the office of financial management may approve the
substitution of temporary layoffs on an alternative date during that
month for any date specified in subsection (2) of this section as
necessary for the critical work of any agency.
(9)(a) If any state agency of the executive, legislative, and
judicial branch is unable to achieve its full amount of cost reductions
as provided in the omnibus appropriations act through its approved plan
in accordance with subsection (1) of this section or through ten days
of temporary layoffs in accordance with subsections (2) and (8) of this
section, the remaining amount is a reduction to the agency's cost of
operations and may include savings as a result of sections 601 through
604 of chapter 3, Laws of 2010.
(b) If any state agency of the executive, legislative, and judicial
branch is able to achieve its full amount of cost reductions as
provided in the omnibus appropriations act through ten days or less of
temporary layoffs in accordance with subsections (2) and (8) of this
section, any residual amount of cost reductions that cannot be achieved
through a full day of closure is a reduction to the agency's cost of
operations and may include savings as a result of sections 601 through
604 of chapter 3, Laws of 2010.
Sec. 902 RCW 15.76.115 and 2010 1st sp.s. c 37 s 912 are each
amended to read as follows:
The fair fund is created in the custody of the state treasury. All
moneys received by the department of agriculture for the purposes of
this fund and from RCW 67.16.105(((4))) (7) shall be deposited into the
fund. At the beginning of fiscal year 2002 and each fiscal year
thereafter, the state treasurer shall transfer into the fair fund from
the general fund the sum of two million dollars, except for fiscal year
2011 the state treasurer shall transfer into the fair fund from the
general fund the sum of ((one million one hundred three)) five hundred
fifty thousand dollars. Expenditures from the fund may be used only
for assisting fairs in the manner provided in this chapter. Only the
director of agriculture or the director'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. 903 RCW 18.04.105 and 2004 c 159 s 2 are each amended to
read as follows:
(1) A license to practice public accounting shall be granted by the
board to any person:
(a) Who is of good character. Good character, for purposes of this
section, means lack of a history of dishonest or felonious acts. The
board may refuse to grant a license on the ground of failure to satisfy
this requirement only if there is a substantial connection between the
lack of good character of the applicant and the professional and
ethical responsibilities of a licensee and if the finding by the board
of lack of good character is supported by a preponderance of evidence.
When an applicant is found to be unqualified for a license because of
a lack of good character, the board shall furnish the applicant a
statement containing the findings of the board and a notice of the
applicant's right of appeal;
(b) Who has met the educational standards established by rule as
the board determines to be appropriate;
(c) Who has passed an examination;
(d) Who has had one year of experience which is gained:
(i) Through the use of accounting, issuing reports on financial
statements, management advisory, financial advisory, tax, tax advisory,
or consulting skills;
(ii) While employed in government, industry, academia, or public
practice; and
(iii) Meeting the competency requirements in a manner as determined
by the board to be appropriate and established by board rule; and
(e) Who has paid appropriate fees as established by rule by the
board.
(2) The examination described in subsection (1)(c) of this section
shall test the applicant's knowledge of the subjects of accounting and
auditing, and other related fields the board may specify by rule. The
time for holding the examination is fixed by the board and may be
changed from time to time. The board shall prescribe by rule the
methods of applying for and taking the examination, including methods
for grading examinations and determining a passing grade required of an
applicant for a license. The board shall to the extent possible see to
it that the grading of the examination, and the passing grades, are
uniform with those applicable to all other states. The board may make
use of all or a part of the uniform certified public accountant
examination and advisory grading service of the American Institute of
Certified Public Accountants and may contract with third parties to
perform administrative services with respect to the examination as the
board deems appropriate to assist it in performing its duties under
this chapter. The board shall establish by rule provisions for
transitioning to a new examination structure or to a new media for
administering the examination.
(3) The board shall charge each applicant an examination fee for
the initial examination or for reexamination. The applicable fee shall
be paid by the person at the time he or she applies for examination,
reexamination, or evaluation of educational qualifications. Fees for
examination, reexamination, or evaluation of educational qualifications
shall be determined by the board under chapter 18.04 RCW. There is
established in the state treasury an account to be known as the
certified public accountants' account. All fees received from
candidates to take any or all sections of the certified public
accountant examination shall be used only for costs related to the
examination. During the 2009-2011 fiscal biennium, the legislature may
transfer from the certified public accountants' account to the state
general fund such amounts as reflect the excess fund balance of the
account.
(4) Persons who on June 30, 2001, held valid certificates
previously issued under this chapter shall be deemed to be certificate
holders, subject to the following:
(a) Certificate holders may, prior to June 30, 2006, petition the
board to become licensees by documenting to the board that they have
gained one year of experience through the use of accounting, issuing
reports on financial statements, management advisory, financial
advisory, tax, tax advisory, or consulting skills, without regard to
the eight-year limitation set forth in (b) of this subsection, while
employed in government, industry, academia, or public practice.
(b) Certificate holders who do not petition to become licensees
prior to June 30, 2006, may after that date petition the board to
become licensees by documenting to the board that they have one year of
experience acquired within eight years prior to applying for a license
through the use of accounting, issuing reports on financial statements,
management advisory, financial advisory, tax, tax advisory, or
consulting skills in government, industry, academia, or public
practice.
(c) Certificate holders who petition the board pursuant to (a) or
(b) of this subsection must also meet competency requirements in a
manner as determined by the board to be appropriate and established by
board rule.
(d) Any certificate holder petitioning the board pursuant to (a) or
(b) of this subsection to become a licensee must submit to the board
satisfactory proof of having completed an accumulation of one hundred
twenty hours of CPE during the thirty-six months preceding the date of
filing the petition.
(e) Any certificate holder petitioning the board pursuant to (a) or
(b) of this subsection to become a licensee must pay the appropriate
fees established by rule by the board.
(5) Certificate holders shall comply with the prohibition against
the practice of public accounting in RCW 18.04.345.
(6) Persons who on June 30, 2001, held valid certificates
previously issued under this chapter are deemed to hold inactive
certificates, subject to renewal as inactive certificates, until they
have petitioned the board to become licensees and have met the
requirements of subsection (4) of this section. No individual who did
not hold a valid certificate before July 1, 2001, is eligible to obtain
an inactive certificate.
(7) Persons deemed to hold inactive certificates under subsection
(6) of this section shall comply with the prohibition against the
practice of public accounting in subsection (8)(b) of this section and
RCW 18.04.345, but are not required to display the term inactive as
part of their title, as required by subsection (8)(a) of this section
until renewal. Certificates renewed to any persons after June 30,
2001, are inactive certificates and the inactive certificate holders
are subject to the requirements of subsection (8) of this section.
(8) Persons holding an inactive certificate:
(a) Must use or attach the term "inactive" whenever using the title
CPA or certified public accountant or referring to the certificate, and
print the word "inactive" immediately following the title, whenever the
title is printed on a business card, letterhead, or any other document,
including documents published or transmitted through electronic media,
in the same font and font size as the title; and
(b) Are prohibited from practicing public accounting.
Sec. 904 RCW 43.03.220 and 2010 1st sp.s. c 7 s 142 are each
amended to read as follows:
(1) Any part-time board, commission, council, committee, or other
similar group which is established by the executive, legislative, or
judicial branch to participate in state government and which functions
primarily in an advisory, coordinating, or planning capacity shall be
identified as a class one group.
(2) Absent any other provision of law to the contrary, no money
beyond the customary reimbursement or allowance for expenses may be
paid by or through the state to members of class one groups for
attendance at meetings of such groups.
(3) Beginning July 1, 2010, through June 30, 2011, no person
designated as a member of a class one board, commission, council,
committee, or similar group may receive an allowance for subsistence,
lodging, or travel expenses if the allowance cost is funded by the
state general fund. Exceptions may be granted under section 605,
chapter 3, Laws of 2010. Class one groups, when feasible, shall use an
alternative means of conducting a meeting that does not require travel
while still maximizing member and public participation and may use a
meeting format that requires members to be physically present at one
location only when necessary or required by law. Meetings that require
a member's physical presence at one location must be held in state
facilities whenever possible((, and)). Meetings conducted using
private facilities must be approved by the director of the office of
financial management, except for facilities provided free of charge.
(4) Beginning July 1, 2010, through June 30, 2011, class one groups
that are funded by sources other than the state general fund are
encouraged to reduce travel, lodging, and other costs associated with
conducting the business of the group including use of other meeting
formats that do not require travel.
Sec. 905 RCW 43.03.230 and 2010 1st sp.s. c 7 s 143 are each
amended to read as follows:
(1) Any agricultural commodity board or commission established
pursuant to Title 15 or 16 RCW shall be identified as a class two group
for purposes of compensation.
(2) Except as otherwise provided in this section, each member of a
class two group is eligible to receive compensation in an amount not to
exceed one hundred dollars for each day during which the member attends
an official meeting of the group or performs statutorily prescribed
duties approved by the chairperson of the group. A person shall not
receive compensation for a day of service under this section if the
person (a) occupies a position, normally regarded as full-time in
nature, in any agency of the federal government, Washington state
government, or Washington state local government; and (b) receives any
compensation from such government for working that day.
(3) Compensation may be paid a member under this section only if it
is authorized under the law dealing in particular with the specific
group to which the member belongs or dealing in particular with the
members of that specific group.
(4) Beginning July 1, 2010, through June 30, 2011, no person
designated as a member of a class two board, commission, council,
committee, or similar group may receive an allowance for subsistence,
lodging, or travel expenses if the allowance cost is funded by the
state general fund. Exceptions may be granted under section 605,
chapter 3, Laws of 2010. Class two groups, when feasible, shall use an
alternative means of conducting a meeting that does not require travel
while still maximizing member and public participation and may use a
meeting format that requires members to be physically present at one
location only when necessary or required by law. Meetings that require
a member's physical presence at one location must be held in state
facilities whenever possible((, and)). Meetings conducted using
private facilities must be approved by the director of the office of
financial management, except for facilities provided free of charge.
(5) Beginning July 1, 2010, through June 30, 2011, class two groups
that are funded by sources other than the state general fund are
encouraged to reduce travel, lodging, and other costs associated with
conducting the business of the group including use of other meeting
formats that do not require travel.
Sec. 906 RCW 43.03.240 and 2010 1st sp.s. c 7 s 144 are each
amended to read as follows:
(1) Any part-time, statutory board, commission, council, committee,
or other similar group which has rule-making authority, performs quasi
judicial functions, has responsibility for the administration or policy
direction of a state agency or program, or performs regulatory or
licensing functions with respect to a specific profession, occupation,
business, or industry shall be identified as a class three group for
purposes of compensation.
(2) Except as otherwise provided in this section, each member of a
class three group is eligible to receive compensation in an amount not
to exceed fifty dollars for each day during which the member attends an
official meeting of the group or performs statutorily prescribed duties
approved by the chairperson of the group. A person shall not receive
compensation for a day of service under this section if the person (a)
occupies a position, normally regarded as full-time in nature, in any
agency of the federal government, Washington state government, or
Washington state local government; and (b) receives any compensation
from such government for working that day.
(3) Compensation may be paid a member under this section only if it
is authorized under the law dealing in particular with the specific
group to which the member belongs or dealing in particular with the
members of that specific group.
(4) Beginning July 1, 2010, through June 30, 2011, no person
designated as a member of a class three board, commission, council,
committee, or similar group may receive an allowance for subsistence,
lodging, or travel expenses if the allowance cost is funded by the
state general fund. Exceptions may be granted under section 605,
chapter 3, Laws of 2010. Class three groups, when feasible, shall use
an alternative means of conducting a meeting that does not require
travel while still maximizing member and public participation and may
use a meeting format that requires members to be physically present at
one location only when necessary or required by law. Meetings that
require a member's physical presence at one location must be held in
state facilities whenever possible((, and)). Meetings conducted using
private facilities must be approved by the director of the office of
financial management, except for facilities provided free of charge.
(5) Beginning July 1, 2010, through June 30, 2011, class three
groups that are funded by sources other than the state general fund are
encouraged to reduce travel, lodging, and other costs associated with
conducting the business of the group including use of other meeting
formats that do not require travel.
Sec. 907 RCW 43.03.250 and 2010 1st sp.s. c 7 s 145 are each
amended to read as follows:
(1) A part-time, statutory board, commission, council, committee,
or other similar group shall be identified as a class four group for
purposes of compensation if the group:
(a) Has rule-making authority, performs quasi-judicial functions,
or has responsibility for the administration or policy direction of a
state agency or program;
(b) Has duties that are deemed by the legislature to be of
overriding sensitivity and importance to the public welfare and the
operation of state government; and
(c) Requires service from its members representing a significant
demand on their time that is normally in excess of one hundred hours of
meeting time per year.
(2) Each member of a class four group is eligible to receive
compensation in an amount not to exceed one hundred dollars for each
day during which the member attends an official meeting of the group or
performs statutorily prescribed duties approved by the chairperson of
the group. A person shall not receive compensation for a day of
service under this section if the person (a) occupies a position,
normally regarded as full-time in nature, in any agency of the federal
government, Washington state government, or Washington state local
government; and (b) receives any compensation from such government for
working that day.
(3) Compensation may be paid a member under this section only if it
is authorized under the law dealing in particular with the specific
group to which the member belongs or dealing in particular with the
members of that specific group.
(4) Beginning July 1, 2010, through June 30, 2011, class four
groups, when feasible, shall use an alternative means of conducting a
meeting that does not require travel while still maximizing member and
public participation and may use a meeting format that requires members
to be physically present at one location only when necessary or
required by law. Meetings that require a member's physical presence at
one location must be held in state facilities whenever possible((,
and)). Meetings conducted using private facilities must be approved by
the director of the office of financial management, except for
facilities provided free of charge.
Sec. 908 RCW 43.03.265 and 2010 1st sp.s. c 7 s 146 are each
amended to read as follows:
(1) Any part-time commission that has rule-making authority,
performs quasi-judicial functions, has responsibility for the policy
direction of a health profession credentialing program, and performs
regulatory and licensing functions with respect to a health care
profession licensed under Title 18 RCW shall be identified as a class
five group for purposes of compensation.
(2) Except as otherwise provided in this section, each member of a
class five group is eligible to receive compensation in an amount not
to exceed two hundred fifty dollars for each day during which the
member attends an official meeting of the group or performs statutorily
prescribed duties approved by the chairperson of the group. A person
shall not receive compensation for a day of service under this section
if the person (a) occupies a position, normally regarded as full-time
in nature, in any agency of the federal government, Washington state
government, or Washington state local government; and (b) receives any
compensation from such government for working that day.
(3) Compensation may be paid a member under this section only if it
is necessarily incurred in the course of authorized business consistent
with the responsibilities of the commission established by law.
(4) Beginning July 1, 2010, through June 30, 2011, no person
designated as a member of a class five board, commission, council,
committee, or similar group may receive an allowance for subsistence,
lodging, or travel expenses if the allowance cost is funded by the
state general fund. Exceptions may be granted under section 605,
chapter 3, Laws of 2010. Class five groups, when feasible, shall use
an alternative means of conducting a meeting that does not require
travel while still maximizing member and public participation and may
use a meeting format that requires members to be physically present at
one location only when necessary or required by law. Meetings that
require a member's physical presence at one location must be held in
state facilities whenever possible((, and)). Meetings conducted using
private facilities must be approved by the director of the office of
financial management, except for facilities provided free of charge.
(5) Beginning July 1, 2010, through June 30, 2011, class five
groups that are funded by sources other than the state general fund are
encouraged to reduce travel, lodging, and other costs associated with
conducting the business of the group including use of other meeting
formats that do not require travel.
Sec. 909 RCW 43.21A.660 and 1999 c 251 s 1 are each amended to
read as follows:
Funds in the freshwater aquatic weeds account may be appropriated
to the department of ecology to develop a freshwater aquatic weeds
management program. Funds shall be expended as follows:
(1) No less than two-thirds of the appropriated funds shall be
issued as grants to (a) cities, counties, tribes, special purpose
districts, and state agencies to prevent, remove, reduce, or manage
excessive freshwater aquatic weeds; (b) fund demonstration or pilot
projects consistent with the purposes of this section; and (c) fund
hydrilla eradication activities in waters of the state. Except for
hydrilla eradication activities, such grants shall only be issued for
lakes, rivers, or streams with a public boat launching ramp or which
are designated by the department of fish and wildlife for fly-fishing.
The department shall give preference to projects having matching funds
or in-kind services; ((and))
(2) No more than one-third of the appropriated funds shall be
expended to:
(a) Develop public education programs relating to preventing the
propagation and spread of freshwater aquatic weeds; and
(b) Provide technical assistance to local governments and citizen
groups; and
(3) During the 2009-2011 fiscal biennium, the legislature may
transfer from the freshwater aquatic weeds account to the state general
fund such amounts as reflect the excess fund balance of the account.
Sec. 910 RCW 43.21A.667 and 2009 c 564 s 933 are each amended to
read as follows:
(1) The freshwater aquatic algae control account is created in the
state treasury. Moneys directed to the account from RCW ((88.02.050))
88.02.560 must be deposited in the account. Expenditures from the
account may only be used as provided in this section. Moneys in the
account may be spent only after appropriation.
(2) Funds in the freshwater aquatic algae control account may be
appropriated to the department to develop a freshwater aquatic algae
control program. Funds must be expended as follows:
(a) As grants to cities, counties, tribes, special purpose
districts, and state agencies to manage excessive freshwater algae,
with priority for the treatment of lakes in which harmful algal blooms
have occurred within the past three years; and during the 2009-2011
fiscal biennium to provide grants for sea lettuce research and removal
to assist Puget Sound communities that are impacted by hyperblooms of
sea lettuce; ((and))
(b) To provide technical assistance to applicants and the public
about aquatic algae control; and
(c) During the 2009-2011 fiscal biennium, the legislature may
transfer from the freshwater aquatic algae control account to the state
general fund such amounts as reflect the excess fund balance of the
account.
(3) The department shall submit a biennial report to the
appropriate legislative committees describing the actions taken to
implement this section along with suggestions on how to better fulfill
the intent of chapter 464, Laws of 2005. The first report is due
December 1, 2007.
Sec. 911 RCW 43.79.460 and 2010 1st sp.s. c 37 s 928 are each
amended to read as follows:
(1) The savings incentive account is created in the custody of the
state treasurer. The account shall consist of all moneys appropriated
to the account by the legislature. The account is subject to the
allotment procedures under chapter 43.88 RCW, but no appropriation is
required for expenditures from the account.
(2) Within the savings incentive account, the state treasurer may
create subaccounts to be credited with incentive savings attributable
to individual state agencies, as determined by the office of financial
management in consultation with the legislative fiscal committees.
Moneys deposited in the subaccounts may be expended only on the
authorization of the agency's executive head or designee and only for
the purpose of one-time expenditures to improve the quality,
efficiency, and effectiveness of services to customers of the state,
such as one-time expenditures for employee training, employee
incentives, technology improvements, new work processes, or performance
measurement. Funds may not be expended from the account to establish
new programs or services, expand existing programs or services, or
incur ongoing costs that would require future expenditures.
(3) For purposes of this section, "incentive savings" means state
general fund appropriations that are unspent as of June 30th of a
fiscal year, excluding any amounts included in across-the-board
reductions under RCW 43.88.110 and excluding unspent appropriations
for:
(a) Caseload and enrollment in entitlement programs, except to the
extent that an agency has clearly demonstrated that efficiencies have
been achieved in the administration of the entitlement program.
"Entitlement program," as used in this section, includes programs for
which specific sums of money are appropriated for pass-through to third
parties or other entities;
(b) Enrollments in state institutions of higher education;
(c) A specific amount contained in a condition or limitation to an
appropriation in the biennial appropriations act, if the agency did not
achieve the specific purpose or objective of the condition or
limitation;
(d) Debt service on state obligations; and
(e) State retirement system obligations.
(4) The office of financial management, after consulting with the
legislative fiscal committees, shall report the amount of savings
incentives achieved.
(5) ((For fiscal year 2009, the legislature may transfer from the
savings incentive account to the state general fund such amounts as
reflect the fund balance of the account attributable to unspent state
general fund appropriations for fiscal year 2008.)) For fiscal year
2010, the legislature may transfer from the savings incentive account
to the state general fund such amounts as reflect the fund balance of
the account attributable to unspent state general fund appropriations
for fiscal year 2009. For fiscal year 2011, the legislature may
transfer from the savings incentive account to the state general fund
such amounts as reflect the fund balance of the account attributable to
unspent state general fund appropriations for fiscal year 2010. For
fiscal year 2011, the legislature may transfer from the savings
incentive account to the state general fund eight million dollars or as
much as reflects the fund balance of the account attributable to
unspent agency credits prior to fiscal year 2009. Credits for
legislative and judicial agencies are not included in this action, with
the exception and upon consent of the supreme court, court of appeals,
office of public defense, and office of civil legal aid.
Sec. 912 RCW 43.79.465 and 2010 1st sp.s. c 37 s 929 are each
amended to read as follows:
The education savings account is created in the state treasury.
The account shall consist of all moneys appropriated to the account by
the legislature.
(1) Ten percent of legislative appropriations to the education
savings account shall be distributed as follows: (a) Fifty percent to
the distinguished professorship trust fund under RCW 28B.76.565; (b)
seventeen percent to the graduate fellowship trust fund under RCW
28B.76.610; and (c) thirty-three percent to the college faculty awards
trust fund under RCW 28B.50.837.
(2) The remaining moneys in the education savings account may be
appropriated solely for (a) common school construction projects that
are eligible for funding from the common school construction account,
(b) technology improvements in the common schools, (c) during the 2001-03 fiscal biennium, technology improvements in public higher education
institutions, (d) during the 2007-2009 fiscal biennium, the legislature
may transfer from the education savings account to the state general
fund such amounts as reflect the excess fund balance of the account
attributable to unspent state general fund appropriations for fiscal
year 2008, and (e) for fiscal year ((2010)) 2011, the legislature may
transfer from the education savings account to the state general fund
such amounts as reflect the fund balance of the account attributable to
unspent general fund appropriations for fiscal year ((2009)) 2010.
Sec. 913 RCW 43.83B.430 and 2002 c 371 s 910 are each amended to
read as follows:
The state drought preparedness account is created in the state
treasury. All receipts from appropriated funds designated for the
account and funds transferred from the state emergency water projects
revolving account must be deposited into the account. Moneys in the
account may be spent only after appropriation. Expenditures from the
account may be used only for drought preparedness. During the ((2001-2003)) 2009-2011 fiscal biennium, the legislature may transfer from the
state drought preparedness account to the state general fund such
amounts as reflect the excess fund balance of the account.
Sec. 914 RCW 43.105.080 and 2010 1st sp.s. c 37 s 931 are each
amended to read as follows:
There is created a revolving fund to be known as the data
processing revolving fund in the custody of the state treasurer. The
revolving fund shall be used for the acquisition of equipment,
software, supplies, and services and the payment of salaries, wages,
and other costs incidental to the acquisition, development, operation,
and administration of information services, telecommunications,
systems, software, supplies and equipment, including the payment of
principal and interest on bonds issued for capital projects, by the
department, Washington State University's computer services center, the
department of personnel's personnel information systems division, the
office of financial management's financial systems management group,
and other users as jointly determined by the department and the office
of financial management. The revolving fund is subject to the
allotment procedure provided under chapter 43.88 RCW. Disbursements
from the revolving fund for the services component of the department
are not subject to appropriation. Disbursements for the strategic
planning and policy component of the department are subject to
appropriation. All disbursements from the fund are subject to the
allotment procedures provided under chapter 43.88 RCW. The department
shall establish and implement a billing structure to assure all
agencies pay an equitable share of the costs.
During the 2009-2011 fiscal biennium, the legislature may transfer
from the data processing revolving account to the state general fund
such amounts as reflect the excess fund balance ((associated with the
information technology pool)).
As used in this section, the word "supplies" shall not be
interpreted to delegate or abrogate the division of purchasing's
responsibilities and authority to purchase supplies as described in RCW
43.19.190 and 43.19.200.
Sec. 915 RCW 43.330.094 and 2009 c 565 s 6 are each amended to
read as follows:
The tourism development and promotion account is created in the
state treasury. All receipts from RCW 36.102.060(10) must be deposited
into the account. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used by the
department of commerce only for the purposes of expanding and promoting
the tourism industry in the state of Washington. During the 2009-2011
fiscal biennium, the legislature may transfer from the tourism
development and promotion account to the state general fund such
amounts as reflect the excess fund balance of the account.
Sec. 916 RCW 43.336.050 and 2007 c 228 s 105 are each amended to
read as follows:
The tourism enterprise account is created in the custody of the
state treasurer.
(1) All receipts from RCW 43.336.030(2)(a) must be deposited into
the account. Only the executive director or the executive director's
designee may authorize expenditures from the account. The account is
subject to allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures.
(2) Moneys transferred from the state convention and trade
(([center])) center account to this account((, as provided in RCW
67.40.040,)) shall be available for expenditure in accordance with the
requirements of this section. As provided under subsection (3) of this
section, moneys must be matched with private sector cash contributions,
the value of an advertising equivalency contribution, or through an in-kind contribution. The commission shall determine criteria for what
qualifies as an in-kind contribution. The moneys subject to match may
be expended as private match is received or with evidence of qualified
expenditure.
(3)(a) Twenty-five percent of the moneys transferred in fiscal year
2009 are subject to a match;
(b) Fifty percent of the moneys transferred in fiscal year 2010 are
subject to a match; and
(c) One hundred percent of the moneys transferred in fiscal year
2011, and thereafter, are subject to a match.
(4) Expenditures from the account may be used by the department of
((community, trade, and economic development)) commerce only for the
purposes of expanding and promoting the tourism industry in the state
of Washington.
(5) During the 2009-2011 fiscal biennium, the legislature may
transfer from the tourism enterprise account to the state general fund
such amounts as reflect the excess fund balance of the account.
Sec. 917 RCW 46.66.080 and 2009 c 564 s 945 are each amended to
read as follows:
(1) The Washington auto theft prevention authority account is
created in the state treasury, subject to appropriation. All revenues
from the traffic infraction surcharge in RCW 46.63.110(7)(b) and all
receipts from gifts, grants, bequests, devises, or other funds from
public and private sources to support the activities of the auto theft
prevention authority must be deposited into the account. Expenditures
from the account may be used only for activities relating to motor
vehicle theft, including education, prevention, law enforcement,
investigation, prosecution, and confinement. During the 2009-2011
fiscal biennium, the legislature may appropriate moneys from the
Washington auto theft prevention authority account for criminal justice
purposes and community building and may transfer funds to the state
general fund such amounts as reflect the excess fund balance of the
account.
(2) The authority shall allocate moneys appropriated from the
account to public agencies for the purpose of establishing,
maintaining, and supporting programs that are designed to prevent motor
vehicle theft, including:
(a) Financial support to prosecution agencies to increase the
effectiveness of motor vehicle theft prosecution;
(b) Financial support to a unit of local government or a team
consisting of units of local governments to increase the effectiveness
of motor vehicle theft enforcement;
(c) Financial support for the procurement of equipment and
technologies for use by law enforcement agencies for the purpose of
enforcing motor vehicle theft laws; and
(d) Financial support for programs that are designed to educate and
assist the public in the prevention of motor vehicle theft.
(3) The costs of administration shall not exceed ten percent of the
moneys in the account in any one year so that the greatest possible
portion of the moneys available to the authority is expended on
combating motor vehicle theft.
(4) Prior to awarding any moneys from the Washington auto theft
prevention authority account for motor vehicle theft enforcement, the
auto theft prevention authority must verify that the financial award
includes sufficient funding to cover proposed activities, which
include, but are not limited to: (a) State, municipal, and county
offender and juvenile confinement costs; (b) administration costs; (c)
law enforcement costs; (d) prosecutor costs; and (e) court costs, with
a priority being given to ensuring that sufficient funding is available
to cover state, municipal, and county offender and juvenile confinement
costs.
(5) Moneys expended from the Washington auto theft prevention
authority account under subsection (2) of this section shall be used to
supplement, not supplant, other moneys that are available for motor
vehicle theft prevention.
(6) Grants provided under subsection (2) of this section constitute
reimbursement for purposes of RCW 43.135.060(1).
Sec. 918 RCW 43.350.070 and 2005 c 424 s 8 are each amended to
read as follows:
The life sciences discovery fund is created in the custody of the
state treasurer. Only the board or the board's designee may authorize
expenditures from the fund. Expenditures from the fund may be made
only for purposes of this chapter. Administrative expenses of the
authority, including staff support, may be paid only from the fund.
Revenues to the fund consist of transfers made by the legislature from
strategic contribution payments deposited in the tobacco settlement
account under RCW 43.79.480, moneys received pursuant to contribution
agreements entered into pursuant to RCW 43.350.030, moneys received
from gifts, grants, and bequests, and interest earned on the fund.
During the 2009-2011 fiscal biennium, the legislature may transfer to
the state general fund such amounts as represent the excess balance of
the life sciences discovery fund.
Sec. 919 RCW 51.44.170 and 2003 1st sp.s. c 25 s 926 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 ((2003-2005)) 2009-2011 fiscal biennium, the legislature may transfer from the
industrial insurance premium refund account to the state general fund
such amounts as reflect the excess fund balance of the account.
Sec. 920 RCW 66.08.235 and 2005 c 151 s 4 are each amended to
read as follows:
The liquor control board construction and maintenance account is
created within the state treasury. The liquor control board shall
deposit into this account a portion of the board's markup, as
authorized by chapter 66.16 RCW, placed upon liquor as determined by
the board. Moneys in the account may be spent only after
appropriation. The liquor control board shall use deposits to this
account to fund construction and maintenance of a centralized
distribution center for liquor products intended for sale through the
board's liquor store and contract liquor store system. During the
((2001-2003)) 2009-2011 fiscal biennium, the legislature may transfer
from the liquor control board construction and maintenance account to
the state general fund such amounts as reflect the ((appropriations
reductions made by the 2002 supplemental appropriations act for
administrative efficiencies and savings)) excess fund balance in the
account.
Sec. 921 RCW 82.14.380 and 1999 c 311 s 201 are each amended to
read as follows:
(1) The distressed county assistance account is created in the
state treasury. Into this account shall be placed a portion of all
motor vehicle excise tax receipts as provided in RCW 82.44.110. At
such times as distributions are made under RCW 82.44.150, the state
treasurer shall distribute the funds in the distressed county
assistance account to each county imposing the sales and use tax
authorized under RCW 82.14.370 as of January 1, 1999, in the same
proportions as distributions of the tax imposed under RCW 82.14.370 for
these counties for the previous quarter.
(2) Funds distributed from the distressed county assistance account
shall be expended by the counties for criminal justice and other
purposes. During the 2009-2011 fiscal biennium, the legislature may
transfer from the distressed county assistance account to the state
general fund such amounts as reflect the excess fund balance of the
account.
NEW SECTION. Sec. 922 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. 923 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.