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FIFTY-EIGHTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, March 10, 1998
The Senate was called to order at 10:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senator Benton. On motion of Senator Hale, Senator Benton was excused.
The Sergeant at Arms Color Guard, consisting of Pages Katie Stephens and Shaine Truscott, presented the Colors. Reverend Paul Dalton, pastor of Mary Queen of Peace Catholic Church of Issaquah, and a guest of Senator Dino Rossi, offered the prayer.
MOTION
On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.
MOTION
On motion of Senator Johnson, and pursuant to Rule 46, the Ways and Means Committee was granted special leave to meet during the session.
MESSAGES FROM THE HOUSE
March 9, 1998
MR. PRESIDENT:
The Speaker has signed:
SECOND ENGROSSED SENATE BILL NO. 5185,
SUBSTITUTE SENATE BILL NO. 5355,
ENGROSSED SENATE BILL NO. 5499,
SUBSTITUTE SENATE BILL NO. 5532,
ENGROSSED SENATE BILL NO. 5695,
SENATE BILL NO. 6149,
SUBSTITUTE SENATE BILL NO. 6150,
SUBSTITUTE SENATE BILL NO. 6153,
SENATE BILL NO. 6155,
SENATE BILL NO. 6172,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6174,
SENATE BILL NO. 6220,
SENATE BILL NO. 6228,
SUBSTITUTE SENATE BILL NO. 6229,
SENATE BILL NO. 6311,
ENGROSSED SENATE BILL NO. 6325,
SENATE BILL NO. 6329,
SUBSTITUTE SENATE BILL NO. 6346,
SENATE BILL NO. 6352,
SUBSTITUTE SENATE BILL NO. 6396,
SENATE BILL NO. 6400,
SUBSTITUTE SENATE BILL NO. 6425,
SENATE BILL NO. 6429,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6492,
SENATE BILL NO. 6536,
SUBSTITUTE SENATE BILL NO. 6545,
SUBSTITUTE SENATE BILL NO. 6574,
SENATE BILL NO. 6581,
SUBSTITUTE SENATE BILL NO. 6605,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6648,
SUBSTITUTE SENATE BILL NO. 6669,
SENATE BILL NO. 6728,
SUBSTITUTE SENATE BILL NO. 6731,
SUBSTITUTE SENATE BILL NO. 6737,
SENATE BILL NO. 6758,
SENATE JOINT MEMORIAL NO. 8019, and the same are herewith transmitted.
March 9, 1998
MR. PRESIDENT:
The Speaker has signed:
HOUSE BILL NO. 1172,
SUBSTITUTE HOUSE BILL NO. 1193,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1230,
HOUSE BILL NO. 1487,
SECOND SUBSTITUTE HOUSE BILL NO. 1618,
SUBSTITUTE HOUSE BILL NO. 1750,
HOUSE BILL NO. 1835,
SUBSTITUTE HOUSE BILL NO. 1992,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2300,
SUBSTITUTE HOUSE BILL NO. 2351,
SUBSTITUTE HOUSE BILL NO. 2368,
SUBSTITUTE HOUSE BILL NO. 2411,
ENGROSSED HOUSE BILL NO. 2414,
SUBSTITUTE HOUSE BILL NO. 2461,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2477,
HOUSE BILL NO. 2503,
SUBSTITUTE HOUSE BILL NO. 2529,
HOUSE BILL NO. 2568,
HOUSE BILL NO. 2704,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2752,
SUBSTITUTE HOUSE BILL NO. 2773,
SECOND SUBSTITUTE HOUSE BILL NO. 2782,
ENGROSSED HOUSE BILL NO. 2791,
SUBSTITUTE HOUSE BILL NO. 2858,
ENGROSSED HOUSE BILL NO. 2894,
SUBSTITUTE HOUSE BILL NO. 2917,
HOUSE BILL NO. 2969,
SUBSTITUTE HOUSE BILL NO. 2977, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
March 9, 1998
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following House Bills and passed the bills as amended by the Senate:
HOUSE BILL NO. 2550,
HOUSE BILL NO. 2557,
SECOND SUBSTITUTE HOUSE BILL NO. 3089.
TIMOTHY A. MARTIN, Chief Clerk
March 9, 1998
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following House Bills and passed the bills as amended by the Senate:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1769,
SUBSTITUTE HOUSE BILL NO. 1781,
SUBSTITUTE HOUSE BILL NO. 2688,
SUBSTITUTE HOUSE BILL NO. 2710,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2836,
SUBSTITUTE HOUSE BILL NO. 2885,
SUBSTITUTE HOUSE BILL NO. 2941,
SUBSTITUTE HOUSE BILL NO. 2960,
SECOND SUBSTITUTE HOUSE BILL NO. 3070,
SUBSTITUTE HOUSE Bill NO. 3096.
TIMOTHY A. MARTIN, Chief Clerk
March 9, 1998
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following House Bills and passed the bills as amended by the Senate:
SUBSTITUTE HOUSE BILL NO. 1043,
SUBSTITUTE HOUSE BILL NO. 1072,
SUBSTITUTE HOUSE BILL NO. 1083,
HOUSE BILL NO. 1165,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1221,
ENGROSSED HOUSE BILL NO. 1252,
ENGROSSED HOUSE BILL NO. 1254,
HOUSE BILL NO. 1297,
HOUSE BILL NO. 1309,
ENGROSSED HOUSE BILL NO. 1408,
SECOND ENGROSSED SUBSTITUTE HOUSE BILL NO. 1746,
SUBSTITUTE HOUSE BILL NO. 1786,
SUBSTITUTE HOUSE BILL NO. 1867,
SUBSTITUTE HOUSE BILL NO. 2166,
HOUSE BILL NO. 2463,
HOUSE BILL NO. 2500,
HOUSE BILL NO. 2558,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2596,
SUBSTITUTE HOUSE BILL NO. 2611.
TIMOTHY A. MARTIN, Chief Clerk
March 9, 1998
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SECOND SUBSTITUTE SENATE BILL NO. 6168. The Speaker has appointed the following members as conferees: Representatives Van Luven, Clements and Kenney.
TIMOTHY A. MARTIN, Chief Clerk
March 9, 1998
MR. PRESIDENT:
The House grants the request of the Senate for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 6204. The Speaker has appointed the following members as conferees: Representatives Chandler, Schoesler and Linvillle.
TIMOTHY A. MARTIN, Chief Clerk
March 9, 1998
MR. PRESIDENT:
The House grants the request of the Senate for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 6408. The Speaker has appointed the following members as conferees: Representatives Sheahan, Sterk and Costa.
TIMOTHY A. MARTIN, Chief Clerk
March 9, 1998
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SUBSTITUTE SENATE BILL NO. 6751. The Speaker has appointed the following members as conferees: Representatives Cooke, Boldt and Tokuda.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SENATE BILL NO. 5164
SENATE BILL NO. 5217,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5527,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5760,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5769,
SUBSTITUTE SENATE BILL NO. 6114,
SENATE BILL NO. 6122,
SUBSTITUTE SENATE BILL NO. 6130,
ENGROSSED SENATE BILL NO. 6139,
ENGROSSED SENATE BILL NO. 6142,
SECOND SUBSTITUTE SENATE BILL NO. 6156,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6166,
SUBSTITUTE SENATE BILL NO. 6175,
SUBSTITUTE SENATE BILL NO. 6182,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6191,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6203,
SENATE BILL NO. 6219,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6235,
ENGROSSED SENATE BILL NO. 6257,
SENATE BILL NO. 6278,
SENATE BILL NO. 6301,
SUBSTITUTE SENATE BILL NO. 6302,
SUBSTITUTE SENATE BILL NO. 6306,
SUBSTITUTE SENATE BILL NO. 6341,
SENATE BILL NO. 6355,
SUBSTITUTE SENATE BILL NO. 6358,
SENATE BILL NO. 6380.
SIGNED BY THE PRESIDENT
The President signed:
HOUSE BILL NO. 1172,
SUBSTITUTE HOUSE BILL NO. 1193,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1230,
HOUSE BILL NO. 1487,
SECOND SUBSTITUTE HOUSE BILL NO. 1618,
SUBSTITUTE HOUSE BILL NO. 1750,
HOUSE BILL NO. 1835,
SUBSTITUTE HOUSE BILL NO. 1992,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2300,
SUBSTITUTE HOUSE BILL NO. 2351,
SUBSTITUTE HOUSE BILL NO. 2368,
SUBSTITUTE HOUSE BILL NO. 2411,
ENGROSSED HOUSE BILL NO. 2414,
SUBSTITUTE HOUSE BILL NO. 2461,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2477,
HOUSE BILL NO. 2503,
SUBSTITUTE HOUSE BILL NO. 2529,
HOUSE BILL NO. 2568,
HOUSE BILL NO. 2704,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2752,
SUBSTITUTE HOUSE BILL NO. 2773,
SECOND SUBSTITUTE HOUSE BILL NO. 2782,
ENGROSSED HOUSE BILL NO. 2791,
SUBSTITUTE HOUSE BILL NO. 2858,
ENGROSSED HOUSE BILL NO. 2894,
SUBSTITUTE HOUSE BILL NO. 2917,
HOUSE BILL NO. 2969,
SUBSTITUTE HOUSE BILL NO. 2977.
EDITOR'S NOTE: A conference was granted on Engrossed Substitute Senate Bill No. 6238 on March 9, 1998, but conferees were not appointed at that time.
APPOINTMENT OF CONFERENCE COMMITTEE ON ENGROSSED SUBSTITUTE SENATE BILL NO. 6238
The President appointed as member of the Conference Committee on Engrossed Substitute Senate Bill No. 6238 and the House amendment(s) thereto: Senators Long, Hargrove and Johnson.
MOTION
On motion of Senator Snyder, the Conference Committee appointments were confirmed.
MOTION
On motion of Senator Morton, the following resolution was adopted:
SENATE RESOLUTION 1998-8711
By Senators Morton and Rasmussen
WHEREAS, In 1957, the Washington State Legislature designated that the second Wednesday in April each year is celebrated as Arbor Day; and
WHEREAS, Arbor Day is a day to recognize our state tree, the Western Hemlock, and our state flower, the Rhododendron; and
WHEREAS, Arbor Day is a traditional day for the planting of trees by citizens in the state of Washington, having been celebrated in Washington since 1917, when Governor Ernest Lister conducted the first official observance; and
WHEREAS, Nurseries, orchards, tree farms, public and private forests, horticultural and home orchards and gardens all add to the beauty, economy and vigor of our state; and
WHEREAS, Arbor Day focuses community attention on planting trees while educating school children and all of Washington's citizens about the value of trees and plants in our environment, in neighborhoods and communities; and
WHEREAS, Arbor Day focuses on the special significance that trees play in the state's agricultural and timber-based economy, and the importance of continued regeneration of our renewable resources, and the significance of trees in habitat for our state's wildlife; and
WHEREAS, The state of Washington is appropriately called the Evergreen State due to the existence and special significance that trees and plants contribute to our jobs, natural beauty, environment, and quality of life to our citizens;
NOW, THEREFORE BE IT RESOLVED, That the Senate proclaims April 8, 1998, as Washington Arbor Day, and encourages residents to plant a tree and celebrate this day as a day to plant and nurture trees and all plant life in Washington State.
Senators Morton, Oke, Prentice, Hargrove and Rasmussen spoke to Senate Resolution 1998-8711.
INTRODUCTION OF SPECIAL GUEST
The President welcomed and introduced Bruce Briggs, from Briggs Nursery in Olympia, who had presented each of the Senators with a Japanese Maple tree in honor of Arbor Day.
MOTION
On motion of Senator Wood, the following resolution was adopted:
SENATE RESOLUTION 1998-8722
By Senators Wood, Fairley, Heavey, Hargrove, Finkbeiner, Hochstatter, McDonald, Anderson, Spanel, Loveland, Bauer, Rasmussen, Newhouse, B. Sheldon, Prince, Kohl, McAuliffe, West, Sellar, Schow, Prentice, Winsley, Haugen, Zarelli, Kline, Long, Oke, Rossi, Fraser, Patterson, Swecker, and Brown
WHEREAS, The sport of lawn bowling dates back to the days of Sir Francis Drake, who was an avid lawn bowler, and is widely played in many countries around the world; and
WHEREAS, Lawn bowling is fun for people of all ages and promotes lifelong physical activity; and
WHEREAS, Lawn bowling competition is available for all ages, including seniors and super-seniors; and
WHEREAS, Lawn bowling was a sport at the 1996 Atlanta ParaOlympics for athletes with physical disabilities; and
WHEREAS, the 1998 United States Singles and Pairs Lawn Bowls Championship will be held in Seattle on August 17th through 21st at Jefferson Park hosted by the Jefferson Park Lawn Bowls Club;
NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize the Jefferson Park Lawn Bowls Club for its outstanding leadership in the United States among lawn bowls clubs and for the honor of being chosen as the host club for the 1998 United States Championships of Lawn Bowls; and
BE IT FURTHER RESOLVED, That copies of this resolution be forwarded to the President's Council on Physical Fitness and Sports; George West, 1998 United States Championship Committee Cochair; and to Susan Parker, 1998 United States Championship Committee Cochair and President, Northwest Division, American Women's Lawn Bowls Association.
Senators Wood and Patterson spoke to Senate Resolution 1998-8722.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced guests from the Jefferson Park Lawn Bowls Club, who were seated in the gallery.
MOTION
At 10:27 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 11:55 a.m. by President Owen.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the 1998 Cashmere Royalty, the Queen, Tana Parmley and Princesses Annie Walcker and Alita Guzman. The President also introduced Senator George Sellar who accompanied the royalty to the rostrum.
With permission of the Senate, business was suspended to permit Queen Tana to address the Senate.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 9, 1998
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1126 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Mastin, D. Schmidt and Dunshee.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Johnson, the Senate granted the request of the House for a conference on Substitute House Bill No. 1126 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Substitute House Bill No. 1126 and the Senate amendment(s) thereto: Senators West, Snyder and Strannigan.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
March 9, 1998
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2077 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives D. Schmidt, Wensman and Wolfe.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Johnson, the Senate granted the request of the House for a conference on Substitute House Bill No. 2077 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Substitute House Bill No. 2077 and the Senate amendment(s) thereto: Senators Hale, Patterson and Horn.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
March 9, 1998
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2439 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives D. Sommers, Mitchell and Wood.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Johnson, the Senate granted the request of the House for a conference on Engrossed Substitute House Bill No. 2439 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Engrossed Substitute House Bill No. 2439 and the Senate amendment(s) thereto: Senators Benton, Hargrove and Prince.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
March 9, 1998
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2556 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Cooke, Boldt and Dickerson.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Johnson, the Senate granted the request of the House for a conference on Substitute House Bill No. 2556 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Substitute House Bill No. 2556 and the Senate amendment(s) thereto: Senators Long, Hargrove and Zarelli.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
March 9, 1998
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED HOUSE BILL NO. 3041 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Cooke, McDonald and Costa.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Johnson, the Senate granted the request of the House for a conference on Engrossed House Bill No. 3041 and the Senate amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Engrossed House Bill No. 3041 and the Senate amendment(s) thereto: Senators Roach, Hargrove and Zarelli.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
March 9, 1998
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6108 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) A budget is hereby adopted and, subject to the provisions set forth in the following sections, the several amounts specified in parts I through VIII of this act, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for salaries, wages, and other expenses of the agencies and offices of the state and for other specified purposes for the fiscal biennium beginning July 1, 1997, and ending June 30, 1999, except as otherwise provided, out of the several funds of the state hereinafter named.
(2) Unless the context clearly requires otherwise, the definitions in this section apply throughout this act.
(a) "Fiscal year 1998" or "FY 1998" means the fiscal year ending June 30, 1998.
(b) "Fiscal year 1999" or "FY 1999" means the fiscal year ending June 30, 1999.
(c) "FTE" means full time equivalent.
(d) "Lapse" or "revert" means the amount shall return to an unappropriated status.
(e) "Provided solely" means the specified amount may be spent only for the specified purpose. Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose which is unnecessary to fulfill the specified purpose shall lapse.
PART I
GENERAL GOVERNMENT
Sec. 101. 1997 c 149 s 101 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((24,241,000))
24,219,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((25,637,000))
25,709,000
Department of Retirement Systems Expense
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 25,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((49,878,000))
49,953,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $75,000 of the general fund fiscal year 1998 appropriation and $75,000 of the general fund fiscal year 1999 appropriation are provided solely for the independent operations of the legislative ethics board. Expenditure decisions of the board, including employment of staff, shall be independent of the senate and house of representatives.
(2) (($25,000 of the general fund fiscal year 1998 appropriation is provided solely to implement Substitute Senate Concurrent Resolution No. 8408 (water policy report). If the concurrent resolution is not enacted by June 30, 1997, the amount provided in this subsection shall lapse)) The department of retirement systems expense account appropriation is provided solely to implement the provisions relating the actuarial audit of the pension contribution rates in Substitute House Bill No. 2544 (funding state retirement systems). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
Sec. 102. 1997 c 149 s 102 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((19,357,000))
19,360,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((20,663,000))
20,785,000
Department of Retirement Systems Expense Account
Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$
TOTAL APPROPRIATION . . . . . . . . . . . . . . . . .$ ((40,020,000))
40,170,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $75,000 of the general fund fiscal year 1998 appropriation and $75,000 of the general fund fiscal year 1999 appropriation are provided solely for the independent operations of the legislative ethics board. Expenditure decisions of the board, including employment of staff, shall be independent of the senate and house of representatives.
(2) (($25,000 of the general fund fiscal year 1998 appropriation is provided solely to implement Substitute Senate Concurrent Resolution No. 8408 (water policy report). If the concurrent resolution is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(3))) $100,000 of the general fund appropriation for fiscal year 1998 is provided solely for a study of financial aid and tuition by the senate committee on ways and means and the house of representatives committee on appropriations.
(a) The study shall report on the current usage and distribution of financial aid, investigate other resources available to financial aid recipients, and shall compare alternative methods of financial aid distribution and their impacts on the sectors of higher education and students served within each sector.
(b) The study shall also provide comparative data from other states on methods of establishing tuition rates and the relationship of tuition to state funding.
(3) The department of retirement systems expense account appropriation is provided solely to implement the provisions relating to the actuarial audit of the pension contribution rates in Substitute House Bill No. 2544 (funding state retirement systems). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(4) $25,000 of the general fund--state appropriation for fiscal year 1998 and $50,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the legislature and the office of financial management to contract jointly for a performance review of the state long-term care system. The review shall result in recommendations by October 1, 1998, on strategies for increasing the long-term affordability and cost-effectiveness of the system, and shall include a review of topics such as methods for matching service levels to recipient needs, options for managing growth in entitlement caseloads, and techniques for projecting the number of persons in need of publicly-funded services.
Sec. 103. 1997 c 454 s 101 (uncodified) is amended to read as follows:
FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . . . $ ((1,421,000))
1,371,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . . . $ ((1,425,000))
1,875,000
TOTAL APPROPRIATION . . . . . . . . . . . . . . . . . . $ ((2,846,000))
3,246,000
The appropriations in this section are subject to the following conditions and limitations: (($50,000 of the general fund appropriation for fiscal year 1998 is provided solely to implement Substitute Senate Bill No. 5071 (school district territory). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.))
(1) $340,000 of the general fund appropriation for fiscal year 1999 is provided solely for a study of the system of finance of the Washington common schools as required by section 501 of this act.
(2) $35,000 of the general fund appropriation for fiscal year 1999 is provided solely for a study of: (a) The effect of the state certificate of need program under chapter 70.38 RCW on the cost, quality, and availability of hospital, ambulatory surgery, home health, hospice, and kidney disease treatment services; and (b) the effect the repeal of the program would have on the cost, quality, and availability of any of these services, and on the availability of charity care and of health facilities and services in rural areas, including the experience in other states where such programs have been fully or partially repealed. The study shall be submitted to the legislature by January 1, 1999.
(3) $75,000 of the general fund appropriation for fiscal year 1999 is provided solely for completion of a management audit of the division of developmental disabilities, within the department of social and health services. The objectives of the review shall include, but are not limited to: (a) An analysis and evaluation of the current organizational structures, management practices, and performance measures that are in place to fulfill statutory responsibilities; (b) an assessment of the impact of overlapping statutory or administrative code responsibilities with other department of social and health services divisions and other state agencies; and (c) development of recommendations, as appropriate, that would result in significant management improvements in the division's operations. The audit report shall be provided to the senate committee on ways and means and the house of representatives committee on appropriations by January 8, 1999.
Sec. 104. 1997 c 149 s 104 (uncodified) is amended to read as follows:
FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ 1,263,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((1,332,000))
1,482,000
TOTAL APPROPRIATION . . . . . . . . . . . . . . . . .$ ((2,595,000))
2,745,000
The appropriations in this section are subject to the following conditions and limitations: The committee shall conduct an inventory and examination of state data processing projects funded in this act and make recommendations to improve the accountability and legislative evaluation and oversight of these projects.
Sec. 105. 1997 c 149 s 110 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((10,225,000))
10,340,000
General Fund Appropriation (FY 1999) . . . . . . . . . . . . . . . . .$ ((10,133,000))
10,307,000
TOTAL APPROPRIATION . . . . . . . . . . . . . . . . .$ ((20,358,000))
20,647,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $271,000 of the general fund fiscal year 1999 appropriation is provided solely for an additional judge position and related support staff in division I in King county, effective July 1, 1998.
(2) $490,000 of the general fund fiscal year 1998 appropriation is provided solely for remodeling existing space in division I court facilities to house additional staff.
Sec. 106. 1997 c 149 s 111 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((652,000))
692,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((653,000))
714,000
TOTAL APPROPRIATION . . . . . . . . . . . . . . . . .$ ((1,305,000))
1,406,000
Sec. 107. 1997 c 149 s 112 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ 12,723,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((12,595,000))
12,870,000
Public Safety and Education Account
Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((31,134,000))
30,919,000
Judicial Information Systems Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((16,305,000))
17,489,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((72,757,000))
74,001,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Funding provided in the judicial information systems account appropriation shall be used for the operations and maintenance of technology systems that improve services provided by the supreme court, the court of appeals, the office of public defense, and the office of the administrator for the courts. $400,000 of the judicial information systems account appropriation is provided solely for the year 2000 date conversion.
(2) No moneys appropriated in this section may be expended by the administrator for the courts for payments in excess of fifty percent of the employer contribution on behalf of superior courts judges for insurance and health care plans and federal social security and medicare and medical aid benefits. Consistent with Article IV, section 13 of the state Constitution and 1996 Attorney General's Opinion No. 2, it is the intent of the legislature that the cost of these employer contributions shall be shared equally between the state and county or counties in which the judges serve. The administrator for the courts shall continue to implement procedures for the collection and disbursement of these employer contributions.
(3) (($6,510,000)) $6,465,000 of the public safety and education account appropriation is provided solely for the continuation of treatment alternatives to street crimes (TASC) programs in Pierce, Snohomish, Clark, King, Spokane, and Yakima counties.
(4) $125,000 of the public safety and education account appropriation is provided solely for the workload associated with the increase in state cases filed in Thurston county superior court.
(5) $223,000 of the public safety and education account appropriation is provided solely for the gender and justice commission.
(6) $308,000 of the public safety and education account appropriation is provided solely for the minority and justice commission.
(7) $100,000 of the general fund fiscal year 1998 appropriation and $100,000 of the general fund fiscal year 1999 appropriation are provided solely for judicial program enhancements. Within the funding provided in this subsection, the office of administrator of courts in consultation with the supreme court shall determine the program or programs to receive an enhancement.
(8) $35,000 of the general fund fiscal year 1998 appropriation is provided solely for the implementation of Engrossed Substitute House Bill No. 1771 (guardian certification). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(9) $100,000 of the general fund fiscal year 1998 appropriation is provided solely for the Snohomish county preprosecution diversion program.
(10) $175,000 of the general fund appropriation for fiscal year 1999 is provided solely for costs associated with the publication and distribution of a judicial voter pamphlet for the 1998 primary election.
(11) $100,000 of the general fund appropriation for fiscal year 1999 is provided solely for contract with the Washington state institute for public policy. The institute shall conduct a study of outcomes for offenders sentenced to the treatment alternatives for street crime (TASC) program. The study shall focus on recidivism outcomes and shall recommend which state agency should have administrative responsibility for TASC.
Sec. 108. 1997 c 149 s 113 (uncodified) is amended to read as follows:
Public Safety and Education Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((12,187,000))
12,103,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The cost of defending indigent offenders in death penalty cases has escalated significantly over the last four years. The office of public defense advisory committee shall analyze the current methods for reimbursing private attorneys and shall develop appropriate standards and criteria designed to control costs and still provide indigent defendants their constitutional right to representation at public expense. The office of public defense advisory committee shall report its findings and recommendations to the supreme court and the appropriate legislative committees by September 30, 1998.
(2) $688,000 of the public safety and education account appropriation is provided solely to increase the reimbursement for private attorneys providing constitutionally mandated indigent defense in nondeath penalty cases.
Sec. 109. 1997 c 149 s 114 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((5,047,000))
5,068,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((4,963,000))
5,020,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((188,000))
553,000
Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 700,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((10,898,000))
11,341,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,618,000 of the general fund--state appropriation for fiscal year 1998, $1,520,000 of the general fund--state appropriation for fiscal year 1999, $700,000 of the water quality account appropriation, and $188,000 of the general fund--federal appropriation are provided solely for the implementation of the Puget Sound work plan and agency action items PSAT-01 through PSAT-06.
(2) $12,000 of the general fund--state appropriation for fiscal year 1998 and $13,000 of the general fund--state appropriation for fiscal year 1999 are provided for the state law enforcement medal of honor committee for the purposes of recognizing qualified law enforcement officers as provided by chapter 41.72 RCW.
(3) $21,000 of the general fund--state appropriation for fiscal year 1998 and $57,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the office of the family and children's ombudsman for the Wenatchee investigation, support staff, and increased travel costs.
Sec. 110. 1997 c 149 s 116 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((1,457,000))
1,568,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((1,206,000))
1,262,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((2,663,000))
2,830,000
The appropriations in this section are subject to the following conditions and limitations: $306,000 of the general fund fiscal year 1998 appropriation and $72,000 of the general fund fiscal year 1999 appropriation are provided solely for technology for customer service improvements.
Sec. 111. 1997 c 149 s 117 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ 8,055,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((5,901,000))
8,031,000
Archives & Records Management Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,032,000
Archives & Records Management Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,553,000))
2,833,000
Department of Personnel Service Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 663,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((21,204,000))
23,614,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,355,000 of the general fund appropriation for fiscal year 1998 is provided solely to reimburse counties for the state's share of primary and general election costs and the costs of conducting mandatory recounts on state measures.
(2) $2,011,000 of the general fund appropriation for fiscal year 1998 and $2,536,000 of the general fund appropriation for fiscal year 1999 are provided solely for the verification of initiative and referendum petitions, maintenance of related voter registration records, and the publication and distribution of the voters and candidates pamphlet.
(3) $99,000 of the general fund appropriation is provided solely for the state's participation in the United States census block boundary suggestion program.
(4) $125,000 of the fiscal year 1998 general fund appropriation is provided solely for legal advertising of state measures under RCW 29.27.072.
(5) $45,000 of the general fund fiscal year 1998 appropriation is provided solely for an economic feasibility study of a state horse park.
(6) The election review section under chapter 29.60 RCW shall be administered in a manner consistent with Engrossed Senate Bill No. 5565 (election procedures review).
(7)(a) $1,850,000 of the general fund appropriation for fiscal year 1999 is provided solely for contracting with a nonprofit organization to produce gavel-to-gavel television coverage of state government deliberations and other events of state-wide significance during fiscal year 1999. An eligible nonprofit organization must be formed solely for the purpose of, and be experienced in, providing gavel-to-gavel television coverage of state government deliberations and other events of state-wide significance and must have received a determination of tax-exempt status under section 501(c)(3) of the federal internal revenue code.
(b) The legislature finds that the commitment of on-going funding is necessary to ensure continuous, autonomous, and independent coverage of public affairs. For that purpose, the secretary of state shall enter into a four-year contract with the nonprofit organization to provide public affairs coverage through June 30, 2002. The funding level for each year of the contract shall be based on the amount provided in this subsection and adjusted to reflect the implicit price deflator for the previous year. The nonprofit organization shall be required to raise contributions or commitments to make contributions, in cash or in kind, in an amount equal to forty percent of the state contribution.
(c) The nonprofit organization shall prepare an annual independent audit, an annual financial statement, and an annual report, including benchmarks that measure the success of the nonprofit organization in meeting the intent of the program.
(d) No portion of any amounts disbursed pursuant to this subsection may be used, directly or indirectly, for any of the following purposes:
(i) Attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, by any county, city, town, or other political subdivision of the state of Washington, or by the congress, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency;
(ii) Making contributions reportable under chapter 42.17 RCW; or
(iii) Providing any: (A) Gift; (B) honoraria; or (C) travel, lodging, meals, or entertainment to a public officer or employee.
(8) $194,000 of the general fund fiscal year 1999 appropriation is provided solely to implement Engrossed Second Substitute House Bill No. 2882 (providing technical assistance to agency personnel and state contractors). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(9) $280,000 of the archives and records management account--private/local appropriation is provided solely for preserving and restoring security microfilm.
Sec. 112. 1997 c 149 s 120 (uncodified) is amended to read as follows:
State Treasurer's Service Account
Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((11,567,000))
12,382,000
Sec. 113. 1997 c 149 s 121 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((678,000))
688,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((678,000))
1,193,000
State Auditing Services Revolving Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((11,928,000))
12,373,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((13,284,000))
14,254,000
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) $420,000 of the general fund appropriation for fiscal year 1998 and $420,000 of the general fund appropriation for fiscal year 1999 are provided solely for staff and related costs to audit special education programs that exhibit unusual rates of growth, extraordinarily high costs, or other characteristics requiring attention of the state safety net committee, and other school districts for baseline purposes and to determine if there are common errors. The auditor shall consult with the superintendent of public instruction regarding training and other staffing assistance needed to provide expertise to the audit staff.
(3) $250,000 of the general fund fiscal year 1998 appropriation and $250,000 of the general fund fiscal year 1999 appropriation are provided solely for the budget and reporting system (BARS) to improve the reporting of local government fiscal data. Audits of counties and cities by the division of municipal corporations shall include findings regarding the completeness, accuracy, and timeliness of BARS data reported to the state auditor's office.
(4) The state auditor shall develop recommendations and curricula for preventing instances of improper governmental actions as defined in chapter 42.20 RCW, the state whistleblower act. In developing these recommendations and curricula, the state auditor shall involve the office of financial management, office of the attorney general, executive ethics board, department of personnel, employee organizations, and other interested parties. These recommendations shall be submitted to the governor and the legislature by June 30, 1998.
(5) $120,000 of the auditing services revolving fund appropriation is provided solely to implement Engrossed Second Substitute House Bill No. 2881 (auditing state contractors). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(6) $25,000 of the general fund fiscal year 1999 appropriation is provided solely to implement Engrossed Second Substitute House Bill No. 2831 (a joint report to the legislature on the results of cost studies and service quality and reliability reports from electric utilities). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse. No fee may be collected from the electric utilities for this joint report.
(7) $10,000 of the general fund fiscal year 1998 appropriation and $490,000 of the general fund fiscal year 1999 appropriation are provided solely for staff and related costs to: Verify the accuracy of reported school district data submitted for state funding purposes or program audits of state funded public school programs; and establish the specific amount of funds to be recovered whenever the amount is not firmly established in the course of any public school audits conducted by the state auditor's office. The results of the audits shall be submitted to the superintendent of public instruction for corrections of data and adjustments of funds.
Sec. 114. 1997 c 149 s 122 (uncodified) is amended to read as follows:
FOR THE CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((4,000))
11,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ 63,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((67,000))
74,000
Sec. 115. 1997 c 149 s 123 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((4,361,000))
4,161,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((3,631,000))
4,056,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,248,000
Public Safety and Education Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,300,000))
1,291,000
New Motor Vehicle Arbitration Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,094,000
Legal Services Revolving Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((125,008,000))
125,758,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((137,642,000))
138,608,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The attorney general shall report each fiscal year on actual legal services expenditures and actual attorney staffing levels for each agency receiving legal services. The report shall be submitted to the office of financial management and the fiscal committees of the senate and house of representatives no later than ninety days after the end of each fiscal year.
(2) The attorney general shall include, at a minimum, the following information with each bill sent to agencies receiving legal services: (a) The number of hours and cost of attorney services provided during the billing period; (b) cost of support staff services provided during the billing period; (c) attorney general overhead and central support costs charged to the agency for the billing period; (d) direct legal costs, such as filing and docket fees, charged to the agency for the billing period; and (e) other costs charged to the agency for the billing period. The attorney general may, with approval of the office of financial management change its billing system to meet the needs of its user agencies.
(3) $300,000 of the fiscal year 1998 general fund--state appropriation is provided for a comprehensive assessment of environmental and public health impacts and for other costs related to pursuing remedies for pollution in the Spokane river basin.
(4) (($640,000)) $440,000 of the fiscal year 1998 general fund--state appropriation and (($210,000)) $410,000 of the fiscal year 1999 general fund--state appropriation are provided solely to implement the supervision management and recidivist tracking program to allow the department of corrections and local law enforcement agencies to share information concerning the activities of offenders on community supervision. ((No information on any person may be entered into or retained in the program unless the person is under the jurisdiction of the department of corrections.))
(5) $84,000 of the legal services revolving account appropriation for fiscal year 1999 is provided solely to implement Substitute House Bill No. 2521 (providing for curfews). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(6) $141,000 of the general fund--state appropriation for fiscal year 1999 is provided solely to implement Engrossed Second Substitute House Bill No. 2845 (enacting the Washington state false claims act). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(7) Within the amounts provided in this section, the attorney general shall implement Engrossed Substitute House Bill No. 2769 (establishing procedures for reporting felonies by state employees). If the bill is not enacted by June 30, 1998, this subsection is null and void.
(8) Within the amounts provided in this section, the attorney general shall implement Second Substitute House Bill No. 2027 (regulating travel sales). If the bill is not enacted by June 30, 1998, this subsection is null and void.
Sec. 116. 1997 c 149 s 124 (uncodified) is amended to read as follows:
Securities Regulation Account Appropriation. . . . . . . . . . . . . . . . . . . .$ ((5,445,000))
5,482,000
The appropriation in this section is subject to the following conditions and limitations: $34,000 of the securities regulation account appropriation is provided solely for the implementation of Engrossed House Bill No. 3901 (implementing welfare reform). If the bill is not enacted by June 30, 1997, the amount provided shall lapse.
Sec. 117. 1997 c 454 s 103 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((57,361,000))
57,041,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((56,351,000))
59,871,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((155,278,000))
169,000,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ 6,903,000
Public Safety and Education Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((8,781,000))
8,720,000
Public Works Assistance Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,223,000
Building Code Council Account Appropriation. .. . . . . . . . . . . . . . . . .$ ((1,318,000))
1,366,000
Administrative Contingency Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,776,000
Low-Income Weatherization Assistance Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 923,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,042,000
Manufactured Home Installation Training Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 250,000
Washington Housing Trust Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,999,000
Public Facility Construction Loan Revolving Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 515,000
Clean Washington Account Appropriation (FY 1998). . . . . .. . . . . . . .$ 11,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((305,720,000))
322,640,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($3,282,500)) $2,962,500 of the general fund--state appropriation for fiscal year 1998 and (($3,282,500)) $3,602,500 of the general fund--state appropriation for fiscal year 1999 are provided solely for a contract with the Washington technology center. For work essential to the mission of the Washington technology center and conducted in partnership with universities, the center shall not pay any increased indirect rate nor increases in other indirect charges above the absolute amount paid during the 1995-97 biennium.
(2) $155,000 of the general fund--state appropriation for fiscal year 1998 and (($155,000)) $445,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for a contract with the Washington manufacturing extension partnership.
(3) $9,964,000 of the general fund--federal appropriation is provided solely for the drug control and system improvement formula grant program, to be distributed in state fiscal year 1998 as follows:
(a) $3,603,250 to local units of governments to continue the multi-jurisdictional narcotics task forces;
(b) $500,000 to the department to continue the state-wide drug prosecution assistance program in support of multijurisdictional narcotics task forces;
(c) $1,306,075 to the Washington state patrol for coordination, investigative, and supervisory support to the multijurisdictional narcotics task forces and for methamphetamine education and response;
(d) $240,000 to the department for grants to support tribal law enforcement needs;
(e) $900,000 to drug courts in eastern and western Washington;
(f) $300,000 to the department for grants to provide sentencing alternatives training programs to defenders;
(g) $200,000 for grants to support substance-abuse treatment in county jails;
(h) $517,075 to the department for legal advocacy for victims of domestic violence and for training of local law enforcement officers and prosecutors on domestic violence laws and procedures;
(i) $903,000 to the department to continue youth violence prevention and intervention projects;
(j) $91,000 for the governor's council on substance abuse;
(k) $99,000 for program evaluation and monitoring;
(l) $100,000 for the department of corrections for a feasibility study of replacing or updating the offender based tracking system.
(m) $498,200 for development of a state-wide system to track criminal history records; and
(n) No more than $706,400 to the department for grant administration and reporting.
These amounts represent the maximum Byrne grant expenditure authority for each program. No program may expend Byrne grant funds in excess of the amounts provided in this section. If moneys in excess of those appropriated in this section become available, whether from prior or current fiscal year Byrne grant distributions, the department shall hold these moneys in reserve and may not expend them without a specific appropriation. These moneys shall be carried forward and applied to the pool of moneys available for appropriation for programs and projects in the succeeding fiscal year. As part of its budget request for the succeeding fiscal year, the department shall estimate and request authority to spend any funds remaining in reserve as a result of this subsection.
(4) $11,715,000 of the general fund--federal appropriation is provided solely for the drug control and system improvement formula grant program, to be distributed in state fiscal year 1999 as follows:
(a) $3,878,250 to local units of government to continue multijurisdictional narcotics task forces;
(b) $531,000 to the department to continue the drug prosecution assistance program in support of multijurisdictional narcotics task forces;
(c) $1,363,075 to the Washington state patrol for coordination, investigative, and supervisory support to the multijurisdictional narcotics task forces and for methamphetamine education and response;
(d) $256,000 to the department for grants to support tribal law enforcement needs;
(e) $1,093,000 to drug courts in eastern and western Washington;
(f) $312,000 to the department for grants assisting in the development, conduct, and training on sentencing alternatives;
(g) $261,000 to the department to continue a substance-abuse treatment in jails program, to test the effect of treatment on future criminal behavior;
(h) $581,075 to the department to continue domestic violence legal advocacy;
(i) $949,000 to the department to continue youth violence prevention and intervention projects;
(j) $91,000 to the department to continue the governor's council on substance abuse;
(k) $99,000 to the department to continue evaluation of Byrne formula grant programs;
(l) $1,496,200 to the office of financial management for the criminal history records improvement program; and
(m) $804,400 to the department for required grant administration, monitoring and reporting on Byrne formula grant programs.
These amounts represent the maximum Byrne grant expenditure authority for each program. No program may expend Byrne grant funds in excess of the amounts provided in this subsection. If moneys in excess of those appropriated in this section become available, whether from prior or current fiscal year Byrne grant distributions, the department shall hold these moneys in reserve and may not expend them without specific appropriation. These moneys shall be carried forward and applied to the pool of moneys available for appropriation for programs and projects in the succeeding fiscal year. As part of its budget request for the succeeding year, the department shall estimate and request authority to spend any funds remaining in reserve as a result of this subsection.
(((4))) (5) $1,000,000 of the general fund fiscal year 1998 appropriation and $1,000,000 of the general fund fiscal year 1999 appropriation are provided solely to implement Engrossed Substitute House Bill No. 1576 (buildable lands) or Senate Bill No. 6094 (growth management). If neither bill is enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(((5) $4,800,000)) (6) $4,766,000 of the public safety and education account appropriation, $1,000,000 of the fiscal year 1998 general fund--state appropriation, and (($1,000,000)) $1,034,000 of the fiscal year 1999 general fund--state appropriation are provided solely for indigent civil legal representation services contracts and contracts administration. The amounts provided in this subsection are contingent upon enactment of section 2 of Engrossed Substitute House Bill No. 2276 (civil legal services for indigent persons). If section 2 of the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(((6))) (7) $643,000 of the general fund--state fiscal year 1998 appropriation and $643,000 of the general fund--state fiscal year 1999 appropriation are provided solely to increase payment rates for contracted early childhood education assistance program providers. It is the legislature's intent that these amounts shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.
(((7))) (8) $75,000 of the general fund--state fiscal year 1998 appropriation and $75,000 of the general fund--state fiscal year 1999 appropriation are provided solely as a grant for the community connections program in Walla Walla county.
(((8))) (9) $300,000 of the general fund--state fiscal year 1998 appropriation and $300,000 of the general fund--state fiscal year 1999 appropriation are provided solely to contract with the Washington state association of court-appointed special advocates/guardians ad litem (CASA/GAL) to establish pilot programs in three counties to recruit additional community volunteers to represent the interests of children in dependency proceedings. Of this amount, a maximum of $30,000 shall be used by the department to contract for an evaluation of the effectiveness of CASA/GAL in improving outcomes for dependent children. The evaluation shall address the cost-effectiveness of CASA/GAL and to the extent possible, identify savings in other programs of the state budget where the savings resulted from the efforts of the CASA/GAL volunteers. The department shall report to the governor and legislature by October 15, 1998.
(((9))) (10) $75,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for state sponsorship of the "BIO 99" international biotechnology conference and exhibition in the Seattle area in 1999.
(((10))) (11) $698,000 of the general fund--state appropriation for fiscal year 1998, $697,000 of the general fund--state appropriation for fiscal year 1999, and $1,101,000 of the administrative contingency account appropriation are provided solely for contracting with associate development organizations.
(((11))) (12) $50,000 of the general fund--state appropriation for fiscal year 1998 and $50,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to expand the long-term care ombudsman program.
(((12))) (13) $60,000 of the general fund--state appropriation for fiscal year 1998 and $60,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for implementation of the Puget Sound work plan action item DCTED-01.
(((13))) (14) $20,000 of the general fund--state appropriation for fiscal year 1998 is provided solely for a task force on tourism promotion and development. The task force shall report to the legislature on its findings and recommendations by January 31, 1998.
(((14))) (15) $61,000 of the general fund--state appropriation for fiscal year 1998 and $60,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the pacific northwest economic region (PNWER).
(((15))) (16) $123,000 of the general fund--state appropriation for fiscal year 1998 and $124,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the community development finance program.
(((16))) (17) Within the appropriations provided in this section, the department shall conduct a study of possible financial incentives to assist in revitalization of commercial areas and report its findings and recommendations to the appropriate committees of the legislature by November 15, 1997.
(18) $49,000 of the general fund--state appropriation for fiscal year 1999 is provided solely to implement Engrossed Second Substitute House Bill No. 2345 (revising administrative law). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(19) $166,000 of the general fund--state appropriation for fiscal year 1999 is provided solely to implement Substitute House Bill No. 2898 (buildable lands programs). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(20) $150,000 of the general fund--state fiscal year 1999 appropriation is provided solely to implement Substitute House Bill No. 1800 (assisting crime stoppers programs). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(21) $600,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for the development of housing for low-income, temporary or migrant farm workers, in accordance with Second Substitute Senate Bill No. 6168 (temporary worker housing), through grants awarded after the effective date of this act. The legislature finds that providing housing for low-income temporary or migrant workers is a public purpose. The department shall prioritize grants and shall award grants on a competitive basis to local governments, nonprofit corporations, or other entities. Grant moneys awarded by the department under this subsection may be matched by nonstate sources on a dollar-for-dollar basis, in cash or in-kind. Of the amount in this subsection, $100,000 is provided solely for restroom and shower facilities at the Horn Rapids Park in Benton county; no match need be provided for this project. The amount in this subsection is contingent upon enactment of sections 1 through 8 of Second Substitute Senate Bill No. 6168. If any of these sections of the bill are not enacted by June 30, 1998, this subsection is null and void, and the amounts provided in this subsection shall lapse. Any amounts in this section not committed to grants by June 30, 1999, shall lapse.
(22) The department shall report to the legislature on the services provided by licensed overnight youth shelters. The report shall describe their services in relation to other support services for youth living outside of a family structure, the funding sources used by these facilities, the types of clients served at these facilities, and shall report on whether any of the youth who receive services at these shelters are actually eligible for foster care services through the department of social and health services. In compiling the report, the department will consult staff of the children's administration of the department of social and health services. The report shall be provided by December 12, 1998, to the members of the appropriate house of representatives and senate committees.
(23) $27,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for the sexual assault program within the office of crime victims advocacy.
(24) $5,000,000 of the general fund--federal fiscal year 1999 appropriation is provided solely for implementing WorkFirst grants to community action agencies or other local nonprofit organizations. The grants shall be used to provide job opportunities, transitional support services, one-on-one assistance, case management, and job retention services to basic skills training program participants.
Sec. 118. 1997 c 454 s 104 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((10,530,000))
10,626,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((10,253,000))
10,922,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 23,331,000
General Fund--Local Appropriation. .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 190,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((44,114,000))
45,069,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The office of financial management, in cooperation with the higher education coordinating board and the state board for community and technical colleges, shall develop long-term higher education enrollment forecasting models for consideration by the legislature. To the extent possible, the pilot models shall incorporate trends in demography, higher education applications, K-12 graduation rates, labor market needs, and state and national higher education policy and economic considerations. The public institutions of education shall cooperate in the development of models by providing any necessary data in a timely and organized manner. The private education institutions of the state are encouraged to participate in this effort. Pilot models will be provided to the legislature by November 1, 1998.
(2) $139,000 of the general fund--state appropriation for fiscal year 1999 is provided solely to implement Engrossed Second Substitute House Bill No. 2880 (task force on vendor contracting practices). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(3) $12,000 of the general fund--state appropriation for fiscal year 1999 is provided solely to implement Engrossed Second Substitute House Bill No. 2882 (providing technical assistance to agency personnel and state contractors). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(4) $25,000 of the general fund--state appropriation for fiscal year 1998 and $50,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the legislature and the office of financial management to contract jointly for a performance review of the state long-term care system. The review shall result in recommendations by October 1, 1998, on strategies for increasing the long-term affordability and cost-effectiveness of the system, and shall include a review of topics such as methods for matching service levels to recipient needs, options for managing growth in entitlement caseloads, and techniques for projecting the number of persons in need of publicly-funded services.
Sec. 119. 1997 c 149 s 129 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ 30,000
Department of Personnel Service Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((16,493,000))
16,563,000
Higher Education Personnel Services Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,632,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((18,125,000))
18,225,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department shall reduce its charge for personnel services to the lowest rate possible.
(2) $32,000 of the department of personnel service fund appropriation is provided solely for the creation, printing, and distribution of the personal benefits statement for state employees.
(3) The department of personnel service account appropriation contains sufficient funds to continue the employee exchange program with the Hyogo prefecture in Japan.
(4) $500,000 of the department of personnel service account appropriation is provided solely for the career transition program to assist state employees who are separated or are at risk of lay-off due to reduction-in-force. Services shall include employee retraining and career counseling.
(5) $800,000 of the department of personnel service account appropriation is provided solely for the human resource data warehouse to: Expand the type and amount of information available on the state-wide work force; and to provide the office of financial management, legislature, and state agencies with direct access to the data for policy and planning purposes. The department of personnel shall establish uniform reporting procedures, applicable to all state agencies and higher education institutions, for reporting data to the data warehouse by June 30, 1998. The department of personnel will report quarterly to the legislative fiscal committees, the office of financial management, the information services board, and the office of information technology oversight of the department of information services the following items: (a) The number of state agencies that have received access to the data warehouse (it is anticipated that approximately 40 agencies will receive access during the 1997-99 biennium); (b) the change in requests for downloads from the mainframe computer by agencies with access to the data warehouse, to reflect transferring customers use of the mainframe computer to the more economical use of data warehouse information; and (c) a summary of customer feedback from agencies with access to the data warehouse. Authority to expend this amount is conditioned on compliance with section 902 of this act.
(6) The department of personnel has the authority to charge agencies for expenses associated with converting its payroll/personnel computer system to accommodate the year 2000 date change. Funding to cover these expenses shall be realized from the agency FICA savings associated with the pretax benefits contributions plan.
(7) The department of personnel shall charge all administrative services costs incurred by the department of retirement systems for the deferred compensation program. The billings to the department of retirement systems shall be for actual costs only.
Sec. 120. 1997 c 149 s 130 (uncodified) is amended to read as follows:
Industrial Insurance Premium Refund
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,000
Lottery Administrative Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 19,966,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 19,975,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The state lottery shall apportion 30 percent of fiscal year 1999 gross revenue to the state's general fund. If a lower percentage is apportioned to the general fund in fiscal year 1999, a dollar amount equal to the difference between the actual apportionment and 30 percent of fiscal year 1999 gross revenue shall lapse from the lottery administrative account appropriation.
(2) If the state lottery provides cash bonuses or cash marketing incentives to retailers, a dollar amount equal to the total cash bonuses and marketing incentives shall lapse from the lottery administrative account appropriation.
(3) The requirements of subsections (1) and (2) of this section are contingent upon the enactment of House Bill No. 3120 (regarding lottery revenues). If the bill is not enacted by June 30, 1998, subsections (1) and (2) of this section are null and void.
Sec. 121. 1997 c 149 s 134 (uncodified) is amended to read as follows:
Dependent Care Administrative Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 357,000
Department of Retirement Systems Expense Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((31,415,000))
34,345,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((31,772,000))
34,702,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,373,000 of the department of retirement systems expense account appropriation is provided solely for the information systems project known as the electronic document image management system. Authority to expend this amount is conditioned on compliance with section 902 of this act.
(2) $1,259,000 of the department of retirement systems expense account appropriation is provided solely for the information systems project known as the receivables management system. Authority to expend this amount is conditioned on compliance with section 902 of this act.
(3) The department of retirement systems shall complete a study examining whether it would be cost-effective to contract out the administration functions for the dependent care assistance program and shall report to the fiscal committees of the legislature by December 15, 1997.
(4) $118,000 of the department of retirement systems expense account appropriation is provided solely for the implementation of Substitute House Bill No. 2491 (TRS/PERS plan I gain sharing). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(5) $826,000 of the department of retirement systems expense account appropriation is provided solely for the implementation of Substitute Senate Bill No. 6306 (creating the Washington school employees' retirement system). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
Sec. 122. 1997 c 149 s 136 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ 65,033,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((65,320,000))
65,603,000
Timber Tax Distribution Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,778,000
Waste Reduction/Recycling/Litter Control
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 100,000
State Toxics Control Account Appropriation. . . .. . . . . . . . . . . . . . . . .$ 67,000
Solid Waste Management Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 92,000
Oil Spill Administration Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((135,404,000))
135,687,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,540,000 of the general fund appropriation for fiscal year 1998 and (($1,710,000)) $1,799,000 of the general fund appropriation for fiscal year 1999 are provided solely for senior citizen property tax deferral distribution. If neither Substitute Senate Bill No. 6321 nor Engrossed Substitute Senate Bill No. 6533 (senior/disabled property tax) is enacted by June 30, 1998, $89,000 of the general fund appropriation for fiscal year 1999 shall lapse.
(2) Within the amounts appropriated in this section the department shall conduct a study identifying the impacts of exempting all shellfish species from the tax imposed on enhanced food fish under chapter 82.27 RCW. The study shall include an estimate of the fiscal impacts to state revenues as well as an examination of how such an exemption would impact shellfish-based industries and communities where shellfish-based industries are located. The department shall complete this study and report its findings to the legislature by December 1, 1997.
(3) The department shall study the costs incurred by retailers in collecting and remitting state and local sales taxes. The study shall (a) identify and estimate the costs for small, medium, and large retailers, (b) estimate the cost to retailers of implementing changes in tax rates and/or the tax base, (c) identify current statutory and regulatory procedures that impose costs and burdens on retailers, as well as alternatives that would lessen these costs and burdens, (d) estimate any direct or indirect compensation retailers currently receive, if any, and (e) review how many other states provide compensation to retailers and the nature of the compensation. The department shall report its findings to the fiscal committees of the house of representatives and senate by December 31, 1998.
(4) $100,000 of the general fund appropriation for fiscal year 1999 is provided solely for the implementation of tax legislation enacted during the 1998 legislative session.
(5) $94,000 of the general fund appropriation for fiscal year 1999 is provided solely for the implementation of Engrossed Second Substitute House Bill No. 2345 (revising administrative law). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
Sec. 123. 1997 c 149 s 141 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ 6,400,000
Data Processing Revolving Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,577,000
K-20 Technology Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ 44,028,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((47,605,000))
54,005,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The department shall provide a toll-free telephone number and operator service staff for the general public to call for information about state agencies. The department may provide such staff, equipment, and facilities as are necessary for this purpose. The director shall adopt rules to fix terms and charges for these services. All state agencies and the legislature shall participate in the information program and shall reimburse the department of information services in accordance with rules established by the director. The department shall also provide conference calling services for state and other public agencies on a fee-for-service basis.
(2) $44,028,000 of the K-20 technology account appropriation shall be expended in accordance with the expenditures authorized by the K-20 telecommunications oversight and policy committee as currently existing or as modified by Substitute House Bill No. 1698, Substitute Senate Bill No. 5002, or substantially similar legislation (K-20 telecommunications network).
(3) $6,400,000 of the general fund fiscal year 1999 appropriation is provided solely for deposit into the education and technology revolving fund for K-20 network transport, network operations, and maintenance costs, in accordance with the funding model adopted by the telecommunications oversight and policy committee.
Sec. 124. 1997 c 149 s 142 (uncodified) is amended to read as follows:
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 106,000
Insurance Commissioners Regulatory Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((22,431,000))
22,331,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((22,537,000))
22,437,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $532,000 of the insurance commissioner's regulatory account appropriation is provided solely for the expenditure of funds received under the consent order with the Prudential insurance company. These funds are provided solely for implementing the Prudential remediation process and for examinations of the Prudential company.
(2) (($206,000 of the insurance commissioner's regulatory account appropriation is provided solely to implement Substitute House Bill No. 1387 (basic health plan benefits). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(3))) $298,000 of the insurance commissioner's regulatory account appropriation is provided solely for technology improvements that will support the electronic filing of insurance rates and contracts and enable regulators and the industry to share information about licensed agents to protect the public from fraudulent sales practices.
(3) $50,000 of the insurance commissioner's regulatory account appropriation is provided solely for the implementation of Engrossed Second Substitute House Bill No. 2345 (revising administrative law). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
Sec. 125. 1997 c 149 s 145 (uncodified) is amended to read as follows:
Horse Racing Commission Account Appropriation. . . . . . . .. . . . . . . .$ 4,828,000
The appropriation in this section is subject to the following conditions and limitations: Within the amounts appropriated in this section, the horse racing commission, in consultation with the gambling commission, shall study the impact on the major live race tracks and the horse racing and breeding industry of allowing gambling activity currently authorized in Washington by state law or under a state/tribal compact agreement to be conducted at the live race track facilities. The horse racing commission shall report to the appropriate committees of the legislature by December 15, 1998.
Sec. 126. 1997 c 149 s 146 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ 1,603,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((1,242,000))
1,294,000
Liquor Control Board Construction and Maintenance
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,919,000
Liquor Revolving Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ ((121,391,000))
122,426,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((134,155,000))
135,242,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,250,000 of the liquor revolving account appropriation is provided solely for the agency information technology upgrade. This item is conditioned on satisfying the requirements of section 902 of this act, including the development of a project management plan, a project schedule, a project budget, a project agreement, and incremental funding based on completion of key milestones.
(2) $1,603,000 of the general fund fiscal year 1998 appropriation and $1,242,000 of the general fund fiscal year 1999 appropriation are provided solely to implement Substitute Senate Bill No. 6084 or Engrossed Substitute House Bill No. 2272 (transferring enforcement provisions regarding cigarette and tobacco taxes to the liquor control board). If neither bill is enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(3) $459,000 of the liquor revolving account appropriation is provided solely for implementation of Substitute Senate Bill No. 5664 (credit and debit cards purchases in state liquor stores). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(4) $154,000 of the liquor revolving account appropriation is provided solely for the implementation of Engrossed House Bill No. 3901 (implementing welfare reform). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(5) $944,000 of the liquor revolving account appropriation is provided solely for the increase in vendor commissions due to the higher than expected growth in sales volume.
(6) Within the amounts provided in this section, the liquor control board shall prepare and submit a report on the liquor agency vendor system to the legislature by December 1, 1998. The report shall provide information on: (a) The development and changes to the liquor agency vendor store system during the last twenty years; (b) the business profile of liquor agency vendors including whether the number of liquor agency vendors that sell only liquor and the number of liquor agency vendors that sell other items besides liquor; (c) the growth in the number of liquor agency vendors during the last twenty years; (d) the locations served by liquor agency vendors; (e) the criteria used for establishing liquor agency vendors and determining when to open a state liquor store in a particular location; (f) the average annual commission paid per liquor agency vendor during the last twenty years; (g) the commission rate and components of the commissions provided to liquor agency vendors during the last twenty years; (h) the basis for any changes to the commission rate or components of the commissions provided to liquor agency vendors during the last twenty years; and (i) gross liquor sales by liquor agency vendors during the last twenty years.
(7) $66,000 of the liquor revolving account appropriation is provided solely for the implementation of Substitute Senate Bill No. 6253 (credit and debit card purchases in state liquor agency vendors). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(8) $26,000 of the liquor revolving fund appropriation is provided solely for the implementation of Engrossed Second Substitute House Bill No. 2345 (revising administrative law). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(9) $52,000 of the general fund appropriation for fiscal year 1999 is provided solely for equipment for cigarette tax enforcement activities.
Sec. 127. 1997 c 149 s 148 (uncodified) is amended to read as follows:
Volunteer Firefighters' Relief & Pension Administrative
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((529,000))
534,000
Sec. 128. 1997 c 454 s 105 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((8,151,000))
8,602,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((8,154,000))
12,938,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 34,314,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ 238,000
Flood Control Assistance Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,000,000
Enhanced 911 Account Appropriation. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 26,782,000
Disaster Response Account--State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((23,977,000))
29,035,000
Disaster Response Account--Federal Appropriation. . . . . . . . . . . . . . .$ ((95,419,000))
110,812,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((200,035,000))
225,721,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $365,000 of the general fund--state appropriation for fiscal year 1998, $4,693,000 of the general fund--state appropriation for fiscal year 1999, $3,000,000 of the flood control assistance account appropriation, and $6,197,000 of the general fund--federal appropriation are provided solely for deposit in the disaster response account to cover costs pursuant to subsection (2) of this section.
(2) $23,977,000 of the disaster response account--state appropriation is provided solely for the state share of response and recovery costs associated with federal emergency management agency (FEMA) disaster number 1079 (November/December 1995 storms), FEMA disaster 1100 (February 1996 floods), FEMA disaster 1152 (November 1996 ice storm), FEMA disaster 1159 (December 1996 holiday storm), FEMA disaster 1172 (March 1997 floods) and to assist local governmental entities with the matching funds necessary to earn FEMA funds for FEMA disaster 1100 (February 1996 floods). $356,000 of the disaster response account--state appropriation is provided solely for fire mobilization costs. $9,000 of the disaster response account--state appropriation is provided solely for costs associated with FEMA disaster 1182 (Pend Oreille county 1997 spring flood).
(3) $100,000 of the general fund--state fiscal year 1998 appropriation and $100,000 of the general fund--state fiscal year 1999 appropriation are provided solely for the implementation of a conditional scholarship program pursuant to chapter 28B.103 RCW.
(4) $35,000 of the general fund--state fiscal year 1998 appropriation and $35,000 of the general fund--state fiscal year 1999 appropriation are provided solely for the north county emergency medical service.
(5) $36,000 of the general fund--state fiscal year 1998 appropriation and $72,000 of the general fund--state fiscal year 1999 appropriation are provided solely for emergency worker claims pursuant to chapter 38.52 RCW.
Sec. 129. 1997 c 149 s 152 (uncodified) is amended to read as follows:
FOR THE STATE CONVENTION AND TRADE CENTER
State Convention and Trade Center Operating Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ((27,175,000))
27,394,000
PART II
HUMAN SERVICES
Sec. 201. 1997 c 149 s 201 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES. (1) Appropriations made in this act to the department of social and health services shall initially be allotted as required by this act. Subsequent allotment modifications shall not include transfers of moneys between sections of this act except as expressly provided in ((this act)) subsection (3) of this section, nor shall allotment modifications permit moneys that are provided solely for a specified purpose to be used for other than that purpose.
(2) The department of social and health services shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation providing appropriation authority, and an equal amount of appropriated state general fund moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(3) ((The appropriations in sections 202 through 213 of this act shall be expended for the programs and in the amounts listed in those sections.)) The appropriations to the department of social and health services in chapters 149 and 454, Laws of 1997, as amended, shall be expended for the programs and in the amounts specified therein. However, after May 1, 1998, unless specifically prohibited by this act, the department may transfer general fund--state appropriations for fiscal year 1998 among programs after approval by the director of financial management. However, the department shall not transfer general fund--state appropriations (a) from the medical assistance program, (b) from the payments to other agencies program, or (c) from the economic services program for the 1997-99 fiscal biennium. The director of financial management shall notify the appropriate fiscal committees of the senate and house of representatives in writing prior to approving any allotment modifications.
Sec. 202. 1997 c 454 s 202 (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 1998). . . . . . . . . . . . . . . . . . .$ ((196,437,000))
199,953,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((208,861,000))
214,524,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((252,269,000))
252,310,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ 400,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,230,000))
4,332,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((662,197,000))
671,519,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $16,510,000 of the general fund--state appropriation for fiscal year 1998 and $17,508,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for purposes consistent with the maintenance of effort requirements under the federal temporary assistance for needy families program established under P.L. 104-193.
(2) (($837,000)) $4,332,000 of the violence reduction and drug enforcement account appropriation and (($7,228,000)) $3,773,000 of the general fund--federal appropriation are provided solely for the operation of the family policy council, the community public health and safety networks, and delivery of services authorized under the federal family preservation and support act. Within the funds provided, the family policy council shall contract for an evaluation of the community networks with the institute for public policy and shall provide for audits of ten networks. Within the funds provided, the family policy council may build and maintain a geographic information system database tied to community network geography.
(3) $577,000 of the general fund--state fiscal year 1998 appropriation and $577,000 of the general fund--state fiscal year 1999 appropriation are provided solely to contract for the operation of one pediatric interim care facility. The facility shall provide residential care for up to twelve 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 also shall 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.
(4) $481,000 of the general fund--state fiscal year 1998 appropriation and $481,000 of the general fund--state fiscal year 1999 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.
(5) $640,000 of the general fund--state appropriation for fiscal year 1998 and $640,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to fund Second Substitute Senate Bill No. 5710 (juvenile care and treatment), including section 2 of the bill. Amounts provided in this subsection to implement Second Substitute Senate Bill No. 5710 must be used to serve families who are screened from the child protective services risk assessment process. Services shall be provided through contracts with community-based organizations. If neither bill is enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(6) $594,000 of the general fund--state appropriation for fiscal year 1998, $556,000 of the general fund--state appropriation for fiscal year 1999, and $290,000 of the general fund--federal appropriation are provided solely to fund the provisions of Engrossed Second Substitute House Bill No. 2046 (foster parent liaison). The department shall establish a foster parent liaison in each department of social and health services region of the state and contract with a private provider to implement a recruitment and retention program for foster parents and adoptive families. The department shall provide a minimum of two hundred additional adoptive and foster home placements by June 30, 1998. If the bill is not enacted by June 30, 1997, the amounts in this subsection shall lapse.
(7) $433,000 of the fiscal year 1998 general fund--state appropriation, $395,000 of the fiscal year 1999 general fund--state appropriation, and $894,000 of the general fund--federal appropriation are provided solely to increase the rate paid to private child-placing agencies.
(8) $580,000 of the general fund--state appropriation for fiscal year 1998 and $580,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for development and expansion of child care training requirements and optional training programs. The department shall adopt rules to require annual training in early childhood development of all directors, supervisors, and lead staff at child care facilities. Directors, supervisors, and lead staff at child care facilities include persons licensed as family child care providers, and persons employed at child care centers or school age child care centers. The department shall establish a program to fund scholarships and grants to assist persons in meeting these training requirements. The department shall also develop criteria for approving training programs and establish a system for tracking who has received the required level of training. In adopting rules, developing curricula, setting up systems, and administering scholarship programs, the department shall consult with the child care coordinating committee and other community stakeholders.
(9) The department shall provide a report to the legislature by November 1997 on the growth in additional rates paid to foster parents beyond the basic monthly rate. This report shall explain why exceptional, personal, and special rates are being paid for an increasing number of children and why the amount paid for these rates per child has risen in recent years. This report must also recommend methods by which the legislature may improve the current foster parent compensation system, allow for some method of controlling the growth in costs per case, and improve the department's and the legislature's ability to forecast the program's needs in future years.
(10) $100,000 of the general fund--state appropriation for fiscal year 1998 and $100,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for legal costs associated with the defense of vendors operating a secure treatment facility, for actions arising from the good faith performance of treatment services for behavioral difficulties or needs.
(11) $2,745,000 of the fiscal year 1998 general fund--state appropriation, $2,745,000 of the fiscal year 1999 general fund--state appropriation, and $1,944,000 of the general fund--federal appropriation are provided solely for the category of services titled "intensive family preservation services."
(12) (($2,200,000)) $1,642,000 of the fiscal year 1998 general fund--state appropriation ((and $2,200,000)), $1,207,000 of the fiscal year 1999 general fund--state appropriation, and $1,551,000 of the general fund--federal appropriation are provided solely to continue existing continuum of care and street youth projects.
(13) $1,456,000 of the general fund--state appropriation for fiscal year 1998, $1,474,000 of the general fund--state appropriation for fiscal year 1999 and $1,141,000 of the general fund--federal appropriation are provided solely for the improvement of quality and capacity of the child care system and related consumer education. The activities funded by this appropriation shall include, but not be limited to: Expansion of child care resource and referral network services to serve additional families, to provide technical assistance to child care providers, and to cover currently unserved areas of the state; development of and incentives for child care during nonstandard work hours; and the development of care for infants, toddlers, preschoolers, and school age youth. These amounts are provided in addition to funding for child care training and fire inspections of child care facilities. These activities shall also improve the quality and capacity of the child care system.
(14)(a) $6,565,000 of the general fund--state appropriation for fiscal year 1998 and $7,454,000 of the general fund--state appropriation for fiscal year 1999 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 department shall not retain any portion of these funds to cover administrative or any other departmental costs. The department shall work with the juvenile court administrators to 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 quarter during the 1997-1999 fiscal biennium, each county shall report the number of petitions processed and the total costs of processing the petitions in each of the following categories: Truancy, children in need of services, and at-risk youth. Counties shall submit the reports to the department no later than 45 days after the end of the quarter. The department shall forward this information to the chair and ranking minority member of the house appropriations committee and the senate ways and means committee no later than 60 days after a quarter ends. These reports are deemed informational in nature and are not for the purpose of distributing funds.
(15) $244,000 of the general fund--state appropriation for fiscal year 1999 and $77,000 of the general fund--federal appropriation are provided solely for implementation of Substitute House Bill No. 2556 (child abuse prevention and treatment). If the bill is not enacted by June 30, 1998, the amounts provided in this subsection shall lapse.
(16) $70,000 of the fiscal year 1999 general fund--state appropriation is provided solely for foster parent intervention support teams.
(17) The children's administration is directed to work with the foster parents' association of Washington state and other stakeholders to define "professional foster parents," and to make recommendations to the appropriate legislative committees by December 1, 1998. The report shall address ongoing foster care payments during an investigation of child abuse and neglect allegations, criteria for receiving exceptional care payments, and other issues related to professional foster parents.
(18) Amounts provided in this section are sufficient to implement Engrossed Second Substitute House Bill No. 3008 (drug affected-infants).
(19) To the extent funds are available, the department shall pay the expense of fingerprint criminal history record checks for low-income family day care homes through the federal bureau of investigation. The department may adopt rules to set eligibility levels.
Sec. 203. 1997 c 454 s 203 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--JUVENILE REHABILITATION PROGRAM
(1) COMMUNITY SERVICES
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((32,305,000))
35,894,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((32,348,000))
35,622,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((16,125,000))
13,365,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ 378,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((11,256,000))
13,880,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((92,412,000))
99,139,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $527,000 of the violence reduction and drug enforcement account appropriation is provided solely for deposit in the county criminal justice assistance account solely for costs to the criminal justice system associated with the implementation of Engrossed Third Substitute House Bill No. 3900 (revising the juvenile code). If Engrossed Third Substitute House Bill No. 3900 is not enacted by June 30, 1997, the amount provided in this subsection shall lapse. The amount provided in this subsection is intended to provide funding for county adult court costs associated with the implementation of Engrossed Third Substitute House Bill No. 3900 and shall be distributed in accordance with RCW 82.14.310.
(b) $2,917,000 of the violence reduction and drug enforcement account is provided solely for the implementation of Engrossed Third Substitute Senate Bill No. 3900 (revising the juvenile code). The amount provided in this subsection is intended to provide funding for county impacts associated with the implementation of Third Substitute Senate Bill No. 3900 and shall be distributed to counties as prescribed in the current consolidated juvenile services (CJS) formula. If the bill is not enacted by June 30, 1997, the amounts provided shall lapse.
(c) $2,350,000 of the general fund--state fiscal year 1998 appropriation and $2,350,000 of the general fund--state fiscal year 1999 appropriation are provided solely for an early intervention program to be administered at the county level. Moneys shall be awarded on a competitive basis to counties that have submitted plans for implementation of an early intervention program consistent with proven methodologies currently in place in the state. 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.
(d) $1,221,000 of the violence reduction and drug enforcement appropriation is provided solely to implement alcohol and substance abuse treatment for locally committed offenders. The juvenile rehabilitation administration shall award these moneys on a competitive basis to counties that have submitted a plan for the provision of treatment 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. If Engrossed Third Substitute House Bill No. 3900 (juvenile code revisions) is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(e) $100,000 of the general fund--state fiscal year 1998 appropriation and $100,000 of the general fund--state fiscal year 1999 appropriation are provided solely for the juvenile rehabilitation administration to contract with the institute for public policy for the responsibilities assigned in Engrossed Third Substitute House Bill No. 3900 (juvenile code revisions). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(f) $400,000 of the violence reduction and drug enforcement account appropriation is provided solely for the development of standards measuring the effectiveness of chemical dependency treatment and for conducting evaluations of chemical dependency programs pursuant to Engrossed Third Substitute House Bill No. 3900 (revising the juvenile code). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse. The juvenile rehabilitation administration shall consult with the division of alcohol and substance abuse and contract with the University of Washington to develop the standards and conduct the evaluations.
(g) $150,000 of the general fund--state fiscal year 1998 appropriation and $150,000 of the general fund--state fiscal year 1999 appropriation are provided solely for a contract to expand the services of the teamchild project to additional sites. Priority use of these funds shall be to provide teamchild service to early repeat offenders to help ensure they receive appropriate child welfare and educational services.
(h) $2,500,000 of the violence reduction and drug enforcement account appropriation is provided solely to implement community juvenile accountability grants pursuant to chapter 338, Laws of 1997 (juvenile justice). Funds provided in this subsection may be used solely for community juvenile accountability grants, administration of these grants, and evaluations of programs funded by these grants.
(i) $2,175,000 of the general fund--state appropriation for fiscal year 1999 is provided solely to improve the safety and security of state run and contracted community residential facilities for juvenile offenders. Of this amount: $1,817,000 is provided solely for the gathering of additional information during the intake and assessment process, including predispositional diagnostics; $114,000 is provided solely for increased staffing at state operated facilities; and $244,000 is provided solely to increase vendor payment rates at contracted facilities, provided that the rate increase is made contingent upon increasing staffing at these facilities.
(j) $250,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for the implementation of Engrossed Second Substitute House Bill No. 3054 (truant, expelled, and suspended students). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((44,782,000))
43,909,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((44,662,000))
45,933,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ 727,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15,281,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((105,452,000))
105,850,000
The appropriations in this subsection are subject to the following conditions and limitations: $3,680,000 of the violence reduction and drug enforcement account appropriation is provided solely for the implementation of Engrossed Third Substitute House Bill No. 3900 (juvenile code revisions). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(3) PROGRAM SUPPORT
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((1,922,000))
1,930,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((1,610,000))
1,804,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 156,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 421,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((4,109,000))
4,311,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $92,000 of the general fund--state fiscal year 1998 appropriation and $36,000 of the general fund--state fiscal year 1999 appropriation are provided solely for the implementation of Substitute Senate Bill No. 5759 (risk classification). If the bill is not enacted by June 30, 1997, the amounts provided shall lapse.
(b) $206,000 of the general fund--state fiscal year 1998 appropriation is provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5710 (juvenile care and treatment). If the bill is not enacted by June 30, 1997, the amount provided shall lapse.
(c) $97,000 of the general fund--state fiscal year 1998 appropriation and $36,000 of the general fund--state fiscal year 1999 appropriation are provided solely for the implementation of Engrossed Third Substitute House Bill No. 3900 (juvenile code revisions). If the bill is not enacted by June 30, 1997, the amounts provided shall lapse.
(d) Within the amounts provided in this subsection, the juvenile rehabilitation administration (JRA) shall develop by January 1, 1998, a staffing model for noncustody functions at JRA institutions and work camps. The models should, whenever possible, reflect the most efficient practices currently being used within the system.
(e) $150,000 of the general fund--state appropriation for fiscal year 1999 is provided solely to contract for the expansion of the experimental gallery program. The department shall contract with either the children's museum or directly with the experimental gallery program for the expansion.
(f) $15,000 of the general fund--state appropriation for fiscal year 1998 and $175,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the implementation of Engrossed House Bill No. 2570 (juvenile offender residential facilities). The department shall contract with the Washington state institute for public policy to conduct the study of community residential facilities mandated by the bill. If this bill is not enacted by June 30, 1998, the amounts provided in this subsection shall lapse.
NEW SECTION. Sec. 204. A new section is added to 1997 c 149 (uncodified) to read as follows:
The sum of $1,000,000 from the state general fund for fiscal year 1999 is appropriated to the department of social and health services, juvenile rehabilitation administration, community services program, solely to implement the juvenile violence prevention grant program created by this section. The governor's juvenile justice advisory committee shall administer the grant program created under this section.
(1) All grant applications shall:
(a) Identify the program or proposed program;
(b) Identify the entity or organization proposing the program. Eligible organizations include, but are not limited to, nonprofit, civic and charitable organizations, local governments, tribes, and community networks;
(c) Include a plan for expenditure of the funds, including specifying what percentage of the grant will be spent on administration and evaluation costs; and
(d) Include a plan to analyze the effectiveness of the program.
(2) A program is eligible for a grant under this section only if the program:
(a) Is designed to reduce conditions associated with the entry of youth into the juvenile justice system;
(b) Is a new program or replicates in another location an existing program that meets the criteria of this section;
(c) Is based on research that supports the program's effectiveness in reducing the targeted populations risk for delinquency;
(d) Has community support and is community-based;
(e) Will be used for prevention of juvenile crime and not as a disposition or confinement option for adjudicated or diverted juvenile offenders. This restriction shall not preclude serving juveniles who have been adjudicated or diverted prior to participation in the program or who are diverted or adjudicated during participation in the program; and
(f) Is in addition to any other state or locally funded juvenile violence deterrence program and will not supplant existing federal, state, or local funds. However, if a program is no longer eligible for federal, state, or local funds, funding provided in this section may supplant that lost federal, state, or local funding.
(3) To encourage local ownership of youth violence deterrence programs, grants awarded by the committee under this section shall:
(a) Have a duration of up to one year, with renewal options based on availability of funding and the achievement of outcomes; and
(b) Not exceed more than seventy-five percent of the total estimated cost of a program. Entities or organizations applying for grants under this section must demonstrate that at least twenty-five percent of the cost of the program will be funded from nonstate moneys.
(4) To encourage grant applications, the committee shall simplify the grant application process to the greatest extent possible.
(5) The committee may require that a percentage of the expenditures for a grant be spent to evaluate the program's effectiveness. The committee may also require that the evaluation be conducted by individuals or organizations that are not participating in the program.
(6) A review team is established to make recommendations to the governor's juvenile justice advisory committee on the funding of grants made under this section.
(a) The review team shall consist of no more than fifteen persons appointed by the committee. Appointees must represent the state's geographic and cultural diversity and must have demonstrated an interest in juvenile violence and its prevention. The review team shall include representatives from entities that disperse funds targeted at youth, including, but not limited to, the office of the superintendent of public instruction, the office of crime victims advocacy, the family policy council, the department of health, the stop youth violence advisory committee, the Washington council for the prevention of child abuse and neglect, and the division of alcohol and substance abuse within the department of social and health services.
(b) Review team members are eligible for reimbursement of expenses under RCW 43.03.050 and 43.03.060.
Sec. 205. 1997 c 149 s 204 (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 1998). . . . . . . . . . . . . . . . . . .$ ((167,577,000))
170,940,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((170,803,000))
173,112,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((296,006,000))
299,064,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ 4,000,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((638,386,000))
647,116,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) Regional support networks shall use portions of the general fund--state appropriation for implementation of working agreements with the vocational rehabilitation program which will maximize the use of federal funding for vocational programs.
(b) From the general fund--state appropriations in this subsection, the secretary of social and health services shall assure that regional support networks reimburse the aging and adult services program for the general fund--state cost of medicaid personal care services that enrolled regional support network consumers use because of their psychiatric disability.
(c) (($2,413,000 of the general fund--state appropriation for fiscal year 1998 and $2,393,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to directly reimburse eligible providers for the medicaid share of mental health services provided to persons eligible for both medicaid and medicare. To be reimbursed, the service must be covered by and provided in accordance with the state medicaid plan.
(d))) $1,304,000 of the general fund--state appropriation for fiscal year 1998, $3,356,000 of the general fund--state appropriation for fiscal year 1999, and $5,056,000 of the general fund--federal appropriation are provided solely for distribution to those regional support networks whose 1997-99 allocation would otherwise be less than the regional support network would receive if all funding appropriated in this subsection (1) of this section for medicaid outpatient mental health services were distributed among all regional support networks at the state-wide average per capita rate for each eligibility category.
(((e))) (d) At least thirty days prior to entering contracts that would capitate payments for voluntary psychiatric hospitalizations, the mental health division shall report the proposed capitation rates, and the assumptions and calculations by which they were established, to the budget and forecasting divisions of the office of financial management, the appropriations committee of the house of representatives, and the ways and means committee of the senate.
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((59,496,000))
61,886,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((59,508,000))
59,994,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((127,118,000))
133,305,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ ((30,940,000))
24,805,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((277,062,000))
279,990,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The state mental hospitals may use funds appropriated in this subsection to purchase goods and supplies through hospital group purchasing organizations when it is cost-effective to do so.
(b) The mental health program at Western state hospital shall continue to use labor provided by the Tacoma prerelease program of the department of corrections.
(c) $246,000 of the general fund--state fiscal year 1998 appropriation and $318,000 of the general fund--state fiscal year 1999 appropriation are provided solely for funding outside medical costs. The mental health division shall provide a report on outside medical costs to the fiscal committees of the legislature by September 30, 1998, and September 30, 1999. The report shall detail the monthly and per capita expenditures for outside medical costs at each state hospital.
(d) $256,000 of the general fund--state fiscal year 1998 appropriation and $254,000 of the general fund--state fiscal year 1999 appropriation are provided solely for funding pharmacy and new drug costs. The mental health division shall provide a report on pharmacy and new drug costs to the fiscal committees of the legislature by September 30, 1998, and September 30, 1999. The report shall detail monthly and per capita expenditures for pharmacy and new drug costs for each state hospital. Expenditures for each new generation atypical antipsychotic medication, including clozapine, resperidone, olanzapine, and any newly introduced medications of this nature, must be specifically reported.
(e) $1,700,000 of the general fund--state fiscal year 1998 appropriation is provided solely for replacing lost federal revenues for medicare discharges in fiscal year 1998. The mental health division must aggressively pursue the prompt resolution of issues resulting in this loss of revenues with the federal health care financing administration (HCFA). In the event any or all of the lost federal revenues are restored, an equal amount of the general fund--state fiscal year 1998 appropriation shall lapse.
(f) Within the amounts provided in this subsection, the mental health division shall develop by October 1, 1998, a staffing model for direct and indirect functions for the wards at each of the state hospitals. The model should, whenever possible, reflect the most efficient practices for providing treatment and therapeutic services appropriate to the characteristics and needs of the individual patient.
(3) CIVIL COMMITMENT
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((5,423,000))
7,174,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((6,082,000))
7,779,000
TOTAL APPROPRIATION . . . . . . . . . . . . . . . . .$ ((11,505,000))
14,953,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $2,088,000 of the general fund fiscal year 1998 appropriation and $2,415,000 of the general fund fiscal year 1999 appropriation are provided solely for court-related costs for residents at the special commitment center.
(b) Within the amounts provided in this subsection, the mental health division shall develop by October 1, 1998, a staffing model for direct and indirect functions at the special commitment center. The model should, whenever possible, reflect the most efficient practices for providing treatment and therapeutic services appropriate to the characteristics and needs of the individual patient.
(c) Within the amounts provided in this subsection, the mental health division shall provide a report on outside medical costs to the fiscal committees of the legislature by September 30, 1998, and September 30, 1999. The report shall detail the monthly and per capita expenditures for outside medical costs at the special commitment center.
(d) Within the amounts provided in this subsection, the mental health division shall provide a report on pharmacy and new drug costs to the fiscal committees of the legislature by September 30, 1998, and September 30, 1999. The report shall detail monthly and per capita expenditures for pharmacy and new drug costs at the special commitment center. Expenditures for each new generation atypical antipsychotic medication, including clozapine, resperidone, olanzapine, and any newly introduced medications of this nature must be specifically reported.
(4) SPECIAL PROJECTS
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ 50,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ 450,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,826,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 4,326,000
The appropriations in this subsection are subject to the following conditions and limitations: $50,000 of the general fund--state appropriation for fiscal year 1998 and $450,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for development and operation of the pilot project for mentally ill offenders described in Substitute Senate Bill No. 6002 (mentally ill offenders). If the bill is not enacted by June 30, 1997, the amounts provided shall lapse.
(5) PROGRAM SUPPORT
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((2,560,000))
2,537,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((2,395,000))
2,373,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((3,111,000))
3,085,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((8,066,000))
7,995,000
The appropriations in this subsection are subject to the following conditions and limitations: $60,000 of the general fund--state appropriation for fiscal year 1998 is provided solely to increase the department's capacity to carry out legislative intent set forth in RCW 71.24.400 through 71.24.415. To facilitate this activity, the secretary shall appoint an oversight committee of project stakeholders including representatives from: Service providers, mental health regional support networks, the department's mental health division, the department's division of alcohol and substance abuse, the department's division of children and family services, and the department's medical assistance administration. The oversight group shall continue to seek ways to streamline service delivery as set forth in RCW 71.24.405 until at least July 1, 1998.
Sec. 206. 1997 c 149 s 205 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--DEVELOPMENTAL DISABILITIES PROGRAM
(1) COMMUNITY SERVICES
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((140,172,000))
148,033,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((142,643,000))
166,853,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((194,347,000))
227,123,000
Health Services Account Appropriation. . . . . . . .. . . . . . . . . . . . . . . . .$ ((1,695,000))
639,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((478,857,000))
542,648,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $1,695,000 of the health services account appropriation and $1,835,000 of the general fund--federal appropriation are provided solely for the enrollment in the basic health plan of home care workers with family incomes below 200 percent of the federal poverty level who are employed through state contracts. Enrollment in the basic health plan for home care workers with family incomes at or above 200 percent of poverty shall be covered with general fund--state and matching general fund--federal revenues that were identified by the department to have been previously appropriated for health benefits coverage, to the extent that these funds had not been contractually obligated for worker wage increases prior to March 1, 1996.
(b) $365,000 of the general fund--state appropriation for fiscal year 1998 and $1,543,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for employment, or other day activities and training programs, for young people who complete their high school curriculum in 1997 or 1998.
(c) $22,974,000 of the general fund--state appropriation for fiscal year 1998 and $25,111,000 of the general fund--state appropriation for fiscal year 1999, plus any vendor rate increases allotted in accordance with section 213 of this act, are provided solely to deliver personal care services to an average of 6,250 children and adults in fiscal year 1998 and an average of 7,100 children and adults in fiscal year 1999. If the secretary of social and health services determines that total expenditures are likely to exceed these appropriated amounts, the secretary shall take action as required by RCW 74.09.520 to adjust either functional eligibility standards or service levels or both sufficiently to maintain expenditures within appropriated levels. Such action may include the adoption of emergency rules and may not be taken to the extent that projected over-expenditures are offset by under-expenditures elsewhere within the program's general fund--state appropriation. Prior to adjusting eligibility standards, the secretary should first exercise all opportunities to manage the average cost per person served through methods such as promoting the use of informal and less expensive forms of care; reducing authorization of hours for stand-by assistance when unpaid caregivers are available in the home; and reducing on a sliding-scale basis the amount of service authorized per functional need level, with smaller reductions for greater levels of need.
(d) $453,000 of the general fund--state appropriation for fiscal year 1998, $214,000 of the general fund--state appropriation for fiscal year 1999, and $719,000 of the general fund--federal appropriation are provided solely to continue operation of the united cerebral palsy residential center during the period in which its residents are phasing into new community residences.
(e) $197,000 of the general fund--state appropriation for fiscal year 1998 and $197,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to contract with the Washington initiative for supported employment for the purpose of continuing the promotion of supported employment services for persons with disabilities.
(f) The department shall not reduce the number of persons served in community residential, employment and day program, family support, or personal care services below the levels identified in the Legislative Budget Notes, 1997-99 Biennium, as published by the legislative fiscal committees, in order to undertake activities proposed by the department but not funded in this supplemental appropriations act.
(g) $2,151,000 of the general fund--state appropriation for fiscal year 1998, $5,782,000 of the general fund--state appropriation for fiscal year 1999, and $8,362,000 of the general fund--federal appropriation are provided solely to develop and operate secure residential and day program placements for persons who seem likely to present a significant risk to the public safety if their current residential arrangement were to continue.
(h) $426,000 of the general fund--state appropriation for fiscal year 1999 and $469,000 of the general fund--federal appropriation are provided solely to develop and operate community services for persons residing at eastern and western state hospitals whose needs are such that they cannot be served in existing community vacancies.
(i) $200,000 of the general fund--state appropriation for fiscal year 1998 and $1,592,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for employment and day program services for adults, or residential placements for children or adults, who are not currently able to participate in such services because of funding limitations.
(j) $105,000 of the general fund--state appropriation for fiscal year 1998, $933,000 of the general fund--state appropriation for fiscal year 1999, and $1,029,000 of the general fund--federal appropriation are provided solely to develop and operate community services for persons moving from the residential habilitation centers as a result of an agreement with the federal department of justice or a settlement agreement to a lawsuit.
(k) $89,000 of the general fund--state appropriation for fiscal year 1998, $661,000 of the general fund--state appropriation for fiscal year 1999, and $825,000 of the general fund--federal appropriation are provided solely for medicaid personal care exceptional rates.
(l) Within amounts appropriated in this subsection, the division shall contract for a pilot program to test an alternative service delivery model for services to persons with autism. The division must utilize a competitive process to determine the site of the pilot. The pilot must be time limited and subject to an evaluation of client outcomes to determine the effectiveness and efficiency of the pilot compared to the standard service model for persons with autism.
(m) Within amounts appropriated in this section, the division of developmental disabilities may expend a maximum of $83,440 of the general fund--state appropriation for fiscal year 1999 and $83,440 of the general fund--federal appropriation to implement Substitute House Bill No. 2983 (developmentally disabled residents). If this bill is not enacted by June 30, 1998, this subsection is null and void.
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((63,982,000))
65,277,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((63,206,000))
64,187,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((142,955,000))
145,897,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ 9,729,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((279,872,000))
285,090,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) With the funds appropriated in this subsection, the secretary of social and health services shall develop an eight-bed program at Yakima valley school specifically for the purpose of providing respite services to all eligible individuals on a state-wide basis, with an emphasis on those residing in central Washington.
(b) $112,000 of the general fund--state appropriation for fiscal year 1998, $113,000 of the general fund--state appropriation for fiscal year 1999, and $75,000 of the general fund--federal appropriation are provided solely for a nursing community outreach project at Yakima valley school. Registered nursing staff are to provide nursing assessments, consulting services, training, and quality assurance on behalf of individuals residing in central Washington.
(c) $200,000 of the general fund--state appropriation for fiscal year 1998, $200,000 of the general fund--state appropriation for fiscal year 1999, and $400,000 of the general fund--federal appropriation are provided solely for the development of a sixteen-bed program at Yakima valley school specifically for the purpose of providing respite services to all eligible individuals on a state-wide basis, with an emphasis on those residing in central Washington.
(3) PROGRAM SUPPORT
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((2,543,000))
2,530,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((2,517,000))
2,501,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,645,000))
1,637,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((6,705,000))
6,668,000
(4) SPECIAL PROJECTS
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 12,030,000
Sec. 207. 1997 c 149 s 206 (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 1998). . . . . . . . . . . . . . . . . . .$ ((392,045,000))
409,547,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((416,304,000))
415,166,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((878,169,000))
902,881,000
General Fund--Local Appropriation. .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,026,000
Health Services Account Appropriation. . . . . . . .. . . . . . . . . . . . . . . . .$ ((6,087,000))
2,232,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((1,692,605,000))
1,730,852,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The entire health services account appropriation and (($6,076,000)) $2,175,000 of the general fund--federal appropriation are provided solely for the enrollment in the basic health plan of home care workers with family incomes below 200 percent of the federal poverty level who are employed through state contracts. Enrollment in the basic health plan for home care workers with family incomes at or above 200 percent of poverty shall be covered with general fund--state and matching general fund--federal revenues that were identified by the department to have been previously appropriated for health benefits coverage, to the extent that these funds had not been contractually obligated for worker wage increases prior to March 1, 1996.
(2) $1,277,000 of the general fund--state appropriation for fiscal year 1998 and $1,277,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for operation of the volunteer chore program.
(3) (($107,997,000)) $117,221,000 of the general fund--state appropriation for fiscal year 1998 and (($120,397,000)) $128,997,000 of the general fund--state appropriation for fiscal year 1999, ((plus any vendor rate increases allocated to these services in accordance with section 213 of this act,)) of which no less than forty-nine percent shall be allotted for expenditure during the first six months of fiscal year 1999, are provided solely to deliver chore, COPES, and medicaid personal care services. If the secretary of social and health services determines that total expenditures are likely to exceed these amounts, the secretary shall take action as required by RCW 74.09.520, 74.39A.120, and 74.09.530 to adjust functional eligibility standards and/or service levels sufficiently to maintain expenditures within appropriated levels. Such action may include the adoption of emergency rules, and shall not be taken to the extent that projected over-expenditures are offset by under-expenditures resulting from lower than budgeted nursing home caseloads. Prior to adjusting eligibility standards, the secretary should first exercise all opportunities to manage the average cost per person served, through methods such as promoting the use of informal care; assuring that local offices are effectively and consistently authorizing the least expensive level of care which can meet recipient needs; using waiting lists for reducing authorization of hours for stand-by assistance when unpaid caregivers are available in the home; and reducing on a sliding-scale basis the amount of service authorized per functional need level, with smaller reductions for greater levels of need.
(4) $1,080,000 of the general fund--state appropriation for fiscal year 1999 is provided to maintain service eligibility for persons receiving services through the chore, COPES, or medicaid personal care programs in the event eligibility adjustments are made in accordance with subsection (3) of this section. The department may use seventy-five percent of amounts not needed for that purpose to implement quality of care enhancements.
(5) $26,000 of the general fund--state appropriation for fiscal year 1998, $59,000 of the general fund--state appropriation for fiscal year 1999, and $85,000 of the general fund--federal appropriation are provided solely to employ registered nurses rather than social workers to fill six of the new field positions to be filled in fiscal year 1998 and seven more of the new positions to be filled in fiscal year 1999. These registered nurses shall conduct assessments, develop and monitor service plans, and consult with social work staff to assure that persons with medical needs are placed in and receive the appropriate level of care.
(((5))) (6) $425,000 of the general fund--state appropriation for fiscal year 1998 and $882,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to implement Second Substitute Senate Bill No. 5179 (nursing facility reimbursement). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(((6))) (7) A maximum of $2,193,000 of the general fund--state appropriation for fiscal year 1998 and $2,351,000 of the general fund--federal appropriation for fiscal year 1998 are provided to fund the medicaid share of any new prospective payment rate adjustments as may be necessary in accordance with RCW 74.46.460.
(((7))) (8) $242,000 of the general fund--state appropriation for fiscal year 1998, $212,000 of the general fund--state appropriation for fiscal year 1999, and $498,000 of the general fund--federal appropriation are provided solely for operation of a system for investigating allegations of staff abuse and neglect in nursing homes, as provided in Second Substitute House Bill No. 1850 (long-term care standards of care).
(((8) $350,000 of the general fund--state appropriation for fiscal year 1998 and $382,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to supplement the incomes of disabled legal immigrants who, because of loss of their federal supplemental security income benefit, would otherwise be at risk of placement into a more expensive long-term care setting.))
(9)(a) The department shall establish a shadow case mix payment system to educate facilities about payment system alternatives. The department shall provide shadow rates beginning July 1, 1997, based on the following:
(i) The direct care portion of the rate, usually called "nursing services," shall be set under a case mix methodology that classifies residents under the Resource Utilization Group III (RUG-III) Version 5.10 (or subsequent revision) 44 group index maximizing model based on the Minimum Data Set (MDS) Version 2.0.
(ii) Payment to a facility shall be based on facility weighted average case mix data which provides one rate to a facility reflecting its mix of residents. For purposes of determining the facility's cost per case mix unit, the facility average case mix score will be based on the case mix of all residents. For purposes of determining the facility's payment rate, the facility average case mix score shall be based on the case mix of medicaid residents.
(iii) The direct care rates shall be adjusted prospectively each quarter based on the facility's MDS 2.0 data from the quarter commencing six months preceding the rate effective date. For example, the MDSs for 1/1/97 - 3/31/97 shall be used to establish shadow rates for 7/1/97 - 9/30/97.
(iv) Those costs which currently comprise nursing services as defined by chapter 74.46 RCW, excluding therapies, shall be included in the direct care component for case mix.
(v) Data from 1994 cost reports (allowable and audited costs) shall be used to establish the shadow rates. The costs shall be inflated comparable to fiscal year 1998 payment rates, according to RCW 74.46.420.
(vi) Separate prices, ceilings, and corridors shall be established for the peer groups of metropolitan statistical area and nonmetropolitan statistical area.
(b) The following methods shall be used to establish the shadow case mix rates:
(i) A pricing system in which payment to a facility shall be based on a price multiplied by each facility's medicaid case mix. The price, per peer group, shall be established at the median direct care cost per case mix unit.
(ii) A pricing system in which payment to a facility shall be based on a price multiplied by each facility's medicaid case mix. The price, per peer group, shall be based on the cost per case-mix unit of a group of cost-effective benchmark facilities which meet quality standards.
(iii) A corridor-based system in which payment to a facility shall be the facility's allowable cost per case-mix unit adjusted for case mix up to a ceiling and no less than a floor. The floor, per peer group, shall be established at 90 percent of the cost per case-mix unit of a group of cost-effective benchmark facilities which meet quality standards. The ceiling, per peer group, shall be established at 110 percent of the cost per case-mix unit of the group of benchmark facilities.
(iv) A corridor-based system in which payment to a facility shall be the facility's allowable cost per case-mix unit adjusted for case mix up to a ceiling and no less than a floor. The floor, per peer group, shall be established at 90 percent of the industry-wide median direct care cost per case-mix unit. The ceiling, per peer group, shall be established at 110 percent of the industry-wide median direct care cost per case-mix unit.
(c) The department shall provide all data, information, and specifications of the methods used in establishing the shadow case mix rates to the nursing home provider associations.
(d) It is the legislature's intent that the average state payment for nursing facility services under the new system increase by no more than 175 percent of the health care financing administration nursing home input price index, excluding capital costs. In designing the new payment system, the department shall develop and propose options for the combined direct and indirect rate components that assure this.
(10) $50,000 of the general fund--state appropriation for fiscal year 1998 and $50,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for payments to any nursing facility licensed under chapter 18.51 RCW which meets all of the following criteria: (a) The nursing home entered into an arm's length agreement for a facility lease prior to January 1, 1980; (b) the lessee purchased the leased nursing home after January 1, 1980; and (c) the lessor defaulted on its loan or mortgage for the assets of the home after January 1, 1991, and prior to January 1, 1992. Payments provided pursuant to this subsection shall not be subject to the settlement, audit, or rate-setting requirements contained in chapter 74.46 RCW.
(11) (($546,000)) $506,000 of the general fund--state appropriation for fiscal year 1998, (($583,000)) $502,000 of the general fund--state appropriation for fiscal year 1999, and (($1,220,000)) $1,095,000 of the general fund--federal appropriation are provided solely for an increase in the state payment rates for adult residential care and enhanced adult residential care.
(12) $132,000 of the general fund--state appropriation for fiscal year 1999 and $526,000 of the general fund--local appropriation are provided solely for implementation of House Bill No. 2410 (boarding homes). If the bill is not enacted by June 30, 1998, the amounts provided in this subsection shall lapse.
Sec. 208. 1997 c 454 s 204 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ECONOMIC SERVICES PROGRAM
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((543,150,000))
509,743,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((529,985,000))
505,354,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((952,618,000))
946,615,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((2,025,753,000))
1,961,712,000
The appropriations in this section are subject to the following conditions and limitations:
(((2))) (1) The legislature finds that, with the passage of the federal personal responsibility and work opportunity act and Engrossed House Bill No. 3901, the temporary assistance for needy families is no longer an entitlement. The legislature declares that the currently appropriated level for the program is sufficient for the next few budget cycles. To the extent, however, that currently appropriated amounts exceed costs during the 1997-99 biennium, the department is encouraged to set aside excess federal funds for use in future years.
(((3))) (2) $485,000 of the general fund--state fiscal year 1998 appropriation, $3,186,000 of the general fund--state fiscal year 1999 appropriation, and $3,168,000 of the general fund--federal appropriation are provided solely to continue to implement the previously competitively procured electronic benefits transfer system through the western states EBT alliance for distribution of cash grants and food stamps so as to meet the requirements of P.L. 104-193.
(((4))) (3) $50,000 of the fiscal year 1998 general fund--state appropriation is provided solely for a study of child care affordability as directed in section 403 of Engrossed House Bill No. 3901 (implementing welfare reform). The study shall be performed by the Washington institute for public policy. If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(((5))) (4) $500,000 of the fiscal year 1998 general fund--state appropriation and $500,000 of the fiscal year 1999 general fund--state appropriation are provided solely for an evaluation of the WorkFirst program as directed in section 705 of Engrossed House Bill No. 3901 (implementing welfare reform). The study shall be performed by the joint legislative audit and review committee. If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(((6))) (5) $73,129,000 of the general fund--federal appropriation is provided solely for child care assistance for low-income families in the WorkFirst program and for low-income working families as authorized in Engrossed House Bill No. 3901 (implementing welfare reform). All child care assistance provided shall be subject to a monthly copay to be paid by the family receiving the assistance.
(((7))) (6) $7,624,000 of the fiscal year 1998 general fund--state appropriation, $18,489,000 of the fiscal year 1999 general fund--state appropriation, and $29,781,000 of the general fund--federal appropriation are provided solely for implementation of Engrossed House Bill No. 3901 (implementing welfare reform), including sections 404 and 405. If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse. The level of benefits in the food program for legal immigrants authorized in the bill shall be equivalent to benefits provided by the federal food stamp program.
(((8) $89,722,000)) (7) $56,461,000 of the fiscal year 1998 general fund--state appropriation and (($75,466,000)) $54,047,000 of the fiscal year 1999 general fund--state appropriation are provided solely for cash assistance to recipients in the general assistance--unemployable program. The department shall take any and all actions necessary to maintain expenditures within these amounts.
(((9))) (8) $55,995,000 of the fiscal year 1998 general fund--state appropriation, $55,995,000 of the fiscal year 1999 general fund--state appropriation, and $184,510,000 of the general fund--federal appropriation are provided solely to administer a low-income child care program as authorized in Engrossed House Bill No. 3901 (implementing welfare reform). The child care program funds shall be allotted as follows:
(a) Each six-month period shall have $27,997,500 general fund--state and $46,127,500 general fund--federal funds allotted to be spent during that six-month period for low-income child care assistance.
(b) The department may spend up to the allotted amount for child care assistance during each six-month period. Any funds not spent during the six-month period may be held over and allotted in the next six-month period, subject to the provisions of subsection (6) of this section.
(c) Federal funds allotted for child care but not spent in fiscal year 1998 may be transferred to fiscal year 1999 for allotment but state funds must be spent in the year appropriated.
(9) Within the amounts provided in this section, the department shall implement the study requirements of Engrossed Substitute House Bill No. 2900 (pro rata calculation of temporary assistance for needy families grants).
Sec. 209. 1997 c 454 s 205 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ALCOHOL AND SUBSTANCE ABUSE PROGRAM
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((14,466,000))
15,459,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((14,334,000))
16,830,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((80,497,000))
81,112,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ 630,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((72,900,000))
74,889,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((182,827,000))
188,920,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,062,000 of the general fund--federal appropriation and $7,482,000 of the violence reduction and drug enforcement account appropriation are provided solely for the grant programs for school districts and educational service districts set forth in RCW 28A.170.080 through 28A.170.100, including state support activities, as administered through the office of the superintendent of public instruction.
(2) $1,902,000 of the general fund--state fiscal year 1998 appropriation, $1,902,000 of the general fund--state fiscal year 1999 appropriation, and $1,592,000 of the general fund--federal appropriation are provided solely for alcohol and substance abuse assessment, treatment, including treatment for drug affected infants and toddlers, and child care services for clients of the division of children and family services. Assessment shall be provided by approved chemical dependency treatment programs as requested by child protective services personnel in the division of children and family services. Child care shall be provided as deemed necessary by the division of children and family services while parents requiring alcohol and substance abuse treatment are attending treatment programs.
(3) $760,000 of the fiscal year 1998 general fund--state appropriation and $760,000 of the fiscal year 1999 general fund--state appropriation are provided solely to fund a program serving mothers of children affected by fetal alcohol syndrome and related conditions, known as the birth-to-three program. The program may be operated in two cities in the state.
(4) $1,500,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for the expansion of drug courts into additional counties. The department shall contract for the expansion of drug courts in the three counties previously identified by the Washington state association of drug court professionals and the drug court steering committee. At least eighty percent of the funds provided in this section shall be used for direct services to clients, with not more than ten percent to be used for administration and an outcome evaluation, including measures of recidivism and reoffense rates.
(5) Amounts provided in this section are sufficient to implement Engrossed Second Substitute House Bill No. 3008 (drug affected-infants).
Sec. 210. 1997 c 149 s 209 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--MEDICAL ASSISTANCE PROGRAM
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((684,033,000))
667,302,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((684,885,000))
684,118,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,038,101,000))
2,079,552,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ ((223,900,000))
302,088,000
Health Services Account Appropriation. . . . . . . .. . . . . . . . . . . . . . . . .$ ((253,004,000))
254,506,000
Emergency Medical and Trauma Care Services
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,600,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((3,888,523,000))
3,992,166,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department shall continue to make use of the special eligibility category created for children through age 18 and in households with incomes below 200 percent of the federal poverty level made eligible for medicaid as of July 1, 1994.
(2) It is the intent of the legislature that Harborview medical center continue to be an economically viable component of the health care system and that the state's financial interest in Harborview medical center be recognized.
(3) Funding is provided in this section for the adult dental program for Title XIX categorically eligible and medically needy persons and to provide foot care services by podiatric physicians and surgeons.
(4) $1,622,000 of the general fund--state appropriation for fiscal year 1998 and $1,622,000 of the general fund--state appropriation for fiscal year 1999 are provided for treatment of low-income kidney dialysis patients.
(5) $80,000 of the general fund--state appropriation for fiscal year 1998, $80,000 of the general fund--state appropriation for fiscal year 1999, and $160,000 of the general fund--federal appropriation are provided solely for the prenatal triage clearinghouse to provide access and outreach to reduce infant mortality.
(6) The department shall employ the managed care contracting and negotiation strategies defined in Substitute Senate Bill No. 5125 to assure that the average per-recipient cost of managed care services for temporary assistance to needy families and expansion populations increases by no more than two percent per year in calendar years 1998 and 1999.
(7) The department shall seek federal approval to require adult medicaid recipients who are not elderly or disabled to contribute ten dollars per month toward the cost of their medical assistance coverage. The department shall report on the progress of this effort to the house of representatives and senate health care and fiscal committees by September 1 and November 15, 1997.
(8) $325,000 of the general fund--state appropriation for fiscal year 1998 and $325,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to increase rates paid for air ambulance services.
(9) By October 1, 1998, the department shall report to the health care and the fiscal committees of the legislature on the estimated average monthly number of nongrant medical assistance recipients who do not meet the earned income eligibility standards in effect prior to November 1997.
(10) The department shall negotiate with the federal department of health and human services' health care financing administration to obtain and implement a regulatory waiver of provisions of the medical assistance statute, Title XIX of the federal social security act, to permit Washington to provide family planning services under the medical assistance program to women and men with income at or under two hundred percent of the federal poverty level and report to the appropriate committees of the legislature by December 15, 1998. Family planning services means the provision of acceptable and effective risk reduction, education and counseling, preventive medical exams and testing, sexually transmitted disease testing and treatment, contraceptive supplies and devices, and, sterilization counseling and services for women and men. No federal moneys obtained through this waiver may be used for abortion services under any circumstances.
(11) All persons who require blood transfusions paid for by Medicaid funds shall have the opportunity to receive the blood transfusion from directed blood donors. Directed blood donations shall be allowed only if requested by the recipient and if the collection, handling, and transfusion of the blood meets or exceeds federal Food and Drug Administration regulations and/or any other necessary federal regulations. Any and all fees required by blood donor organizations for directed blood donations shall first be approved by the department before any such fees are implemented.
Sec. 211. 1997 c 149 s 210 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--VOCATIONAL REHABILITATION PROGRAM
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((8,652,000))
9,046,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((8,592,000))
8,603,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((79,542,000))
79,080,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ 2,904,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((99,690,000))
99,633,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The division of vocational rehabilitation shall negotiate cooperative interagency agreements with local organizations, including higher education institutions, mental health regional support networks, and county developmental disabilities programs to improve and expand employment opportunities for people with severe disabilities served by those local agencies.
(2) $363,000 of the general fund--state appropriation for fiscal year 1998, $506,000 of the general fund--state appropriation for fiscal year 1999, and $3,208,000 of the general fund--federal appropriation are provided solely for vocational rehabilitation services for individuals enrolled for services with the developmental disabilities program who complete their high school curriculum in 1997 or 1998.
Sec. 212. 1997 c 454 s 206 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--ADMINISTRATION AND SUPPORTING SERVICES PROGRAM
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((24,572,000))
25,818,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((23,956,000))
25,964,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((40,352,000))
43,411,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ 270,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((89,150,000))
95,463,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department may transfer up to $1,289,000 of the general fund--state appropriation for fiscal year 1998, $1,757,000 of the general fund--state appropriation for fiscal year 1999, and $2,813,000 of the general fund--federal appropriation to the administration and supporting services program from various other programs to implement administrative reductions.
(2) The secretary of social and health services and the director of labor and industries shall report to the appropriate fiscal and policy committees of the legislature by July 1, 1997, and every six months thereafter on the measurable changes in employee injury and time-loss rates that have occurred in the state developmental disabilities, juvenile rehabilitation, and mental health institutions as a result of the upfront loss-control discount agreement between the agencies.
(((4))) (3) $60,000 of the general fund--state appropriation for fiscal year 1998 is provided solely for a welfare fraud pilot program as described by House Bill No. 1822 (welfare fraud investigation).
(((5))) (4) $55,000 of the fiscal year 1998 general fund--state appropriation, $64,000 of the fiscal year 1999 general fund--state appropriation, and $231,000 of the general fund--federal appropriation are provided solely for implementation of Engrossed House Bill No. 3901 (implementing welfare reform). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(5) $393,000 of the general fund--state appropriation for fiscal year 1999 and $485,000 of the general fund--federal appropriation are provided solely for the implementation of Engrossed Second Substitute House Bill No. 2345 (revising administrative law). If the bill is not enacted by June 30, 1998, the amounts provided in this subsection shall lapse.
(6) The department shall report on the allowance for clothing, personal maintenance, and necessary incidentals provided to persons who receive services funded by state and federal moneys under provisions of Title XIX of the social security act. The report shall discuss the range of allowances granted for different populations and programs and compare the allowances to those provided to similar populations in other western states. The report shall also evaluate the need for a uniform amount provided to all populations, and, if a uniform allowance is provided, at what level that allowance should be set. In compiling the report, the department shall consult with affected parties and divisions. The report shall be submitted by December 1, 1998, to the chairs and the ranking minority members of the appropriate house of representatives and senate committees.
Sec. 213. 1997 c 454 s 207 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--CHILD SUPPORT PROGRAM
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((21,122,000))
21,344,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((20,877,000))
20,965,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((145,739,000))
145,321,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ ((33,207,000))
32,673,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((220,945,000))
220,303,000
The appropriations provided in this section are subject to the following conditions and limitations:
(1) The department shall contract with private collection agencies to pursue collection of AFDC child support arrearages in cases that might otherwise consume a disproportionate share of the department's collection efforts. The department's child support collection staff shall determine which cases are appropriate for referral to private collection agencies. In determining appropriate contract provisions, the department shall consult with other states that have successfully contracted with private collection agencies to the extent allowed by federal support enforcement regulations.
(((3))) (2) The amounts appropriated in this section for child support legal services shall be expended only by means of contracts with local prosecutor's offices.
(((4))) (3) $305,000 of the general fund--state fiscal year 1998 appropriation, $494,000 of the general fund--state fiscal year 1999 appropriation, and $1,408,000 of the general fund--federal appropriation are provided solely to implement Engrossed House Bill No. 3901 (implementing welfare reform). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
Sec. 214. 1997 c 454 s 208 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES--PAYMENTS TO OTHER AGENCIES PROGRAM
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((47,435,000))
25,292,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((47,514,000))
24,792,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((54,366,000))
18,966,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((153,032,000))
69,050,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($22,893,000 of the general fund--state appropriation for fiscal year 1998, $22,835,000 of the general fund--state appropriation for fiscal year 1999, $35,431,000 of the general fund--federal appropriation, $2,215,000 of the violence reduction and drug enforcement account appropriation, and $1,502,000 of the health services account appropriation are provided solely to increase the rates of contracted service providers. The department need not provide all vendors with the same percentage rate increase. Rather, the department is encouraged to use these funds to help assure an adequate supply of qualified vendors. Vendors providing services in markets where recruitment and retention of qualified providers is a problem may receive larger rate increases than other vendors. It is the legislature's intent that these amounts shall be used primarily to increase compensation for persons employed in direct, front-line service delivery. Any rate increases granted as a result of this section must be implemented so that the carry-forward costs into the 1999-01 biennium do not exceed the amounts provided in this subsection. Within thirty days of granting a vendor rate increase under this section, the department shall report the following information to the fiscal committees of the legislature: (a) The amounts and effective dates of any increases granted; (b) the process and criteria used to determine the increases; and (c) any data used in that process. In accordance with RCW 43.88.110(1), the department and the office of financial management shall allot funds appropriated in this section to the programs and budget units from which the funds will be expended. Such allotments shall be completed no later than September 15, 1997.
(2))) $263,000 of the fiscal year 1998 general fund--state appropriation, $349,000 of the fiscal year 1999 general fund--state appropriation, and $1,186,000 of the general fund--federal appropriation are provided solely for implementation of Engrossed House Bill No. 3901 (implementing welfare reform). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(2) $113,000 of the fiscal year 1999 general fund--state appropriation and $31,000 of the general fund--federal appropriation are provided solely for the implementation of Substitute House Bill No. 2556 (child abuse prevention and treatment). If this bill is not enacted by June 30, 1998, the amounts provided in this subsection shall lapse.
Sec. 215. 1997 c 454 s 210 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ 6,316,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ 6,317,000
State Health Care Authority Administration
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((14,719,000))
14,969,000
Health Services Account Appropriation. . . . . . . .. . . . . . . . . . . . . . . . .$ ((330,628,000))
342,100,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((357,980,000))
369,702,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The general fund--state appropriations are provided solely for health care services provided through local community clinics.
(2) Within funds appropriated in this section and sections 205 and 206 of chapter 149, Laws of 1997, the health care authority shall continue to provide an enhanced basic health plan subsidy option for foster parents licensed under chapter 74.15 RCW and workers in state-funded homecare programs. Under this enhanced subsidy option, foster parents and homecare workers with family incomes below 200 percent of the federal poverty level shall be allowed to enroll in the basic health plan at a cost of ten dollars per covered worker per month.
(3) Effective ((October 1997)) July 1998, the health care authority shall require organizations and individuals that are paid to deliver basic health plan services to contribute a minimum of ((thirty)) twenty dollars per enrollee per month if the organization or individual chooses to sponsor an individual's enrollment in the subsidized basic health plan.
(4) $150,000 of the health services account appropriation is provided solely to implement Substitute House Bill No. 1805 (health care savings accounts). If ((legislation requiring a pilot project of such accounts)) the bill is not enacted by June 30, ((1997)) 1998, the amount provided in this subsection shall lapse.
(((6))) (5) $270,000 of the health services account appropriation is provided solely to pay commissions to agents and brokers in accordance with RCW 70.47.015(5) for application assistance provided to persons on the reservation list as of June 30, 1997, who enroll in the subsidized basic health plan on or after July 1, 1997.
(6) $250,000 of the state health care authority administrative account appropriation is provided solely to process claims arising from the settlement in Retired State Employees v. State of Washington (Thurston county superior court cause no. 92-2-01294-1).
(7) The health care authority administrator is directed to pay claims resulting from a court-approved stipulated settlement in Retired State Employees et. al v. State of Washington (Thurston county superior court cause no. 92-2-01294-1) using funds in the public employees' and retirees' insurance account. The legislature recognizes that payment of these claims may reduce premium stabilization reserves below target levels on an interim basis. It is the legislature's intent that the viability of health care authority-administered programs be preserved and that the benefit levels for health care authority-administered programs not be reduced in the event premium stabilization reserves are used to pay such claims.
Sec. 216. 1997 c 149 s 215 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ 2,019,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((2,036,000))
2,468,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,444,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ 259,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((5,758,000))
6,190,000
The appropriations in this section are subject to the following conditions and limitations: $432,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for elimination of caseload backlog by January 1, 1999, and reduction of case processing time.
Sec. 217. 1997 c 149 s 217 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ 15,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ 1,000,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 100,000
Death Investigations Account Appropriation. . . .. . . . . . . . . . . . . . . . .$ 38,000
Public Safety and Education Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((13,434,000))
13,341,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 346,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((13,918,000))
14,840,000
The appropriations made in this section are subject to the following conditions and limitations:
(1) $80,000 of the public safety and education account appropriation is provided solely to continue the study of law enforcement and corrections training begun in 1996. In conducting the study, the criminal justice training commission shall consult with the appropriate policy and fiscal committees of the legislature. Specific elements to be addressed in the study include: (a) The feasibility and the rationale for increasing basic law enforcement training from 440 to 600 hours; (b) the feasibility and rationale for creating a certification process for law enforcement officers; (c) the feasibility and rationale for expanding the correctional officers academy; (d) the feasibility and rationale for expanding the juvenile service workers academy and/or the adult services academy; and (e) any other items considered relevant by the commission. Any recommendations made shall include a plan and timeline for how they would be implemented. The board on correctional training standards and education and the board on law enforcement training standards and education shall be actively involved in the study effort. Copies of the study shall be provided to the appropriate policy and fiscal committees of the legislature and the director of financial management by October 1, 1997.
(2) $50,000 of the public safety and education account appropriation is provided solely to prepare a cost and fee study of the current and proposed criminal justice course offerings. The analysis shall identify total costs and major cost components for: (a) Any current training classes which are considered mandatory; and (b) any proposed or modified training courses which are considered mandatory. Mandatory classes include, but are not limited to, the following: Basic law enforcement academy, correctional officers academy, supervisory and management training of law enforcement officers, supervisory and management training of correctional officers, juvenile service workers academy, and the adult service academy. The study shall also recommend a methodology for estimating the future demand for these classes. The study shall also estimate the cost of implementing any recommendations made pursuant to subsection (1) of this section. The study shall be conducted by a private sector consultant selected by the office of financial management in consultation with the executive director of the criminal justice training commission. The final report shall be completed by January 1, 1998.
(3) $92,000 of the public safety and education account appropriation is provided solely for the purpose of training law enforcement managers and supervisors.
(4) $40,000 of the public safety and education account appropriation is provided solely to implement the provisions of Substitute House Bill No. 1423 (criminal justice training commission). If this bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(5) $225,000 of the general fund--state fiscal year 1999 appropriation is provided solely for information technology upgrades and improvements for the criminal justice training commission.
(6) $15,000 of the general fund--state fiscal year 1998 appropriation and $25,000 of the general fund--state fiscal year 1999 appropriation are provided solely for the relocation and new lease costs of the criminal justice training commission's headquarters in Thurston county.
(7) $500,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for the training of law enforcement officers and prosecutors in recent changes in criminal justice statutes, especially those changes related to drunk driving. The training will be delivered state-wide, and moneys provided in this subsection may also be used to develop the infrastructure needed to provide training at locations throughout this state.
(8) $250,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for deposit into the extraordinary criminal investigations assistance account created by Second Substitute House Bill No. 2929 (extraordinary criminal justice assistance account). If the bill is not enacted by June 30, 1998, the amounts in this subsection shall lapse.
Sec. 218. 1997 c 454 s 211 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ 6,805,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((6,848,000))
7,176,000
Public Safety and Education Account--
State Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((16,246,000))
16,082,000
Public Safety and Education Account--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,002,000
Public Safety and Education Account--
Private/Local Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,014,000))
2,178,000
Electrical License Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ 22,542,000
Farm Labor Revolving Account Appropriation. . . . . . . . . . . . . . . . . . .$ 28,000
Worker and Community Right-to-Know Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,187,000
Public Works Administration Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,975,000))
2,439,000
Accident Account--State Appropriation. . . . . . . .. . . . . . . . . . . . . . . . .$ ((146,901,000))
152,235,000
Accident Account--Federal Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 9,112,000
Medical Aid Account--State Appropriation. . . . .. . . . . . . . . . . . . . . . .$ ((155,276,000))
154,089,000
Medical Aid Account--Federal Appropriation. . . . . . . . . . . . . . . . . . . .$ 1,592,000
Plumbing Certificate Account Appropriation. . . .. . . . . . . . . . . . . . . . .$ 947,000
Pressure Systems Safety Account Appropriation.. . . . . . . . . . . . . . . . .$ 2,106,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((380,581,000))
385,520,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Expenditures of funds appropriated in this section for the information systems projects identified in agency budget requests as "claims service delivery", "electrical permitting and inspection system", and "credentialing information system" are conditioned upon compliance with section 902 of this act.
(2) Pursuant to RCW 7.68.015, the department shall operate the crime victims compensation program within the public safety and education account funds appropriated in this section. In the event that cost containment measures are necessary, the department may (a) institute copayments for services; (b) develop preferred provider and managed care contracts; (c) coordinate with the department of social and health services to use the public safety and education account as matching funds for federal Title XIX reimbursement, to the extent this maximizes total funds available for services to crime victims.
(3) $54,000 of the general fund appropriation for fiscal year 1998 and $54,000 of the general fund appropriation for fiscal year 1999 are provided solely for an interagency agreement to reimburse the board of industrial insurance appeals for crime victims appeals.
(4) The secretary of social and health services and the director of labor and industries shall report to the appropriate fiscal and policy committees of the legislature by July 1, 1997, and every six months thereafter on the measurable changes in employee injury and time-loss rates that have occurred in the state developmental disabilities, juvenile rehabilitation, and mental health institutions as a result of the upfront loss-control discount agreement between the agencies.
(5) The expenditures of the elevator, factory assembled structures, and contractors' registration and compliance programs may not exceed the revenues generated by these programs.
(6) $101,000 of the plumbing certificate account appropriation is provided solely for the implementation of Substitute Senate Bill No. 5749 (pipe installer). If the bill is not enacted by June 30, 1997, the amount provided shall lapse.
(7) $56,000 of the medical aid account appropriation and $52,000 of the accident account appropriation are provided solely for evaluating agency operational improvements.
(8) $593,000 of nonappropriated funds from the medical aid account shall be provided solely for allocation to the joint legislative audit and review committee for a performance audit and operations review of the state workers' compensation system pursuant to Substitute Senate Bill No. 6030.
(9) $464,000 of the public works administration account appropriation is provided solely for implementation of Substitute House Bill No. 3073 (requiring the use of a stratified random sampling survey methodology for determining prevailing wages), and for resolving backlogs in prevailing wage intent and affidavit forms, increasing survey frequency, and supporting the program review and improvement activities currently underway with the department and the prevailing wage advisory committee. The amount provided in this subsection shall be used to meet the following performance objectives:
(a) The department shall process all forms within 13 working days of their receipt; and
(b) The department shall make every reasonable effort to decrease the processing time and the backlog of forms.
The amount provided in this subsection is provided on a one-time basis, and it is the intent of the legislature that ongoing funding for these purposes will not be provided in the future unless the department meets the performance objectives specified in this subsection.
By January 1, 1999, the director shall report to the commerce and labor committees of the legislature on the performance improvements realized in the prevailing wage program, including progress reports on the business plan review project. The department shall examine and report on the prevailing wage survey process, with recommendations for its improvement.
If Substitute House Bill No. 3073 is not enacted by June 30, 1998, this subsection is null and void and the amount provided in this subsection shall lapse.
(10) $148,000 of the general fund--state appropriation for fiscal year 1999 and $761,000 of the accident account--state appropriation are provided solely for the implementation of Engrossed Second Substitute House Bill No. 2345 (revising administrative law). If the bill is not enacted by June 30, 1998, the amounts provided in this subsection shall lapse.
(11) $686,000 of the accident account--state appropriation and $686,000 of the medical aid account--state appropriation for fiscal year 1999 are provided solely to fund 24 claims manager positions in fiscal year 1999 (12 worker compensation adjudicator 2 and 12 worker compensation adjudicator 3 positions). With these new positions, the department is expected to reduce time-loss duration in claims by 5 percent by June 30, 2000, and an additional 2.5 percent by June 30, 2001. The average caseload for level 2 claims managers should also drop to approximately 190 by June 30, 2000. The director of the department shall report to the appropriate fiscal and policy committees of the legislature and the office of financial management by June 30, 1998, and every year thereafter, on the measurable progress made toward attaining these goals. The 1998 report shall indicate the baseline figures from July 1, 1997. If substantial progress has not been achieved by June 30, 2000, the 24 claims manager positions and the funding associated with these positions shall be discontinued.
Sec. 219. 1997 c 454 s 209 (uncodified) is amended to read as follows:
(1) HEADQUARTERS
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((1,409,000))
1,609,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ 1,404,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 80,000
Charitable, Educational, Penal, and Reformatory
Institutions Account Appropriation. . . . . . . .. . . . . . . . . . . . . . . . .$ 4,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((2,897,000))
3,097,000
(2) FIELD SERVICES
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ 2,418,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ 2,420,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 26,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ 85,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 4,949,000
(3) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((6,101,000))
6,576,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((5,369,000))
5,522,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((19,556,000))
18,950,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ ((14,583,000))
14,561,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 45,609,000
The appropriations in this subsection are subject to the following conditions and limitations: $200,000 of the general fund--state appropriation for fiscal year 1998 is provided solely as the state's contribution to the construction of a memorial on the state capitol grounds to the men and women who served in the nation's armed forces during the second world war. The department shall raise the remaining two-thirds of the memorial's cost from individual and corporate contributions.
Sec. 220. 1997 c 454 s 212 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((62,996,000))
63,189,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((65,741,000))
73,258,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((259,139,000))
262,504,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ ((24,351,000))
24,333,000
Hospital Commission Account Appropriation. . .. . . . . . . . . . . . . . . . .$ 3,089,000
Health Professions Account Appropriation. . . . . . . . . . . . . . . . . . . . . .$ ((36,038,000))
35,524,000
Emergency Medical and Trauma Care Services Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 21,042,000
Safe Drinking Water Account Appropriation. . . .. . . . . . . . . . . . . . . . .$ 2,494,000
Death Investigations Account Appropriation. . . .. . . . . . . . . . . . . . . . .$ ((1,000,000))
650,000
Drinking Water Assistance Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,385,000
Waterworks Operator Certification
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 588,000
Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,065,000
Violence Reduction and Drug Enforcement
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 469,000
State Toxics Control Account Appropriation. . . .. . . . . . . . . . . . . . . . .$ 2,854,000
Medical Test Site Licensure Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,624,000
Youth Tobacco Prevention Account Appropriation. . . . . . . .. . . . . . . .$ 1,812,000
Health Services Account Appropriation. . . . . . . .. . . . . . . . . . . . . . . . .$ ((12,474,000))
6,115,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((504,161,000))
507,995,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,134,000 of the health professions account appropriation is provided solely for the development and implementation of a licensing and disciplinary management system. Expenditures are conditioned upon compliance with section 902 of this act. These funds shall not be expended without appropriate project approval by the department of information systems.
(2) Funding provided in this section for the drinking water program data management system shall not be expended without appropriate project approval by the department of information systems. Expenditures are conditioned upon compliance with section 902 of this act.
(3) The department is authorized to raise existing fees charged to the nursing professions and midwives, by the pharmacy board, and for boarding home licenses, in excess of the fiscal growth factor established by Initiative Measure No. 601, if necessary, to meet the actual costs of conducting business.
(4) $1,633,000 of the general fund--state fiscal year 1998 appropriation and $1,634,000 of the general fund--state fiscal year 1999 appropriation are provided solely for the implementation of the Puget Sound water work plan and agency action items, DOH-01, DOH-02, DOH-03, DOH-04, DOH-05, DOH-06, DOH-07, DOH-08, DOH-09, DOH-10, DOH-11, and DOH-12.
(5) $10,000,000 of the health services account appropriation is provided solely for distribution to local health departments for distribution on a per capita basis. Prior to distributing these funds, the department shall adopt rules and procedures to ensure that these funds are not used to replace current local support for public health programs.
(6) $500,000 of the general fund--state appropriation for fiscal year 1998 and $500,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for operation of a youth suicide prevention program at the state level, including a state-wide public educational campaign to increase knowledge of suicide risk and ability to respond and provision of twenty-four hour crisis hotlines, staffed to provide suicidal youth and caregivers a source of instant help.
(7) The department of health shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation that provides appropriation authority, and an equal amount of appropriated state moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(8) $259,000 of the health professions account appropriation is provided solely to implement Engrossed House Bill No. 3901 (implementing welfare reform). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(9) $150,000 of the general fund--state fiscal year 1998 appropriation and $150,000 of the general fund--state fiscal year 1999 appropriation are provided solely for community-based oral health grants that may fund sealant programs, education, prevention, and other oral health interventions. The grants may be awarded to state or federally funded community and migrant health centers, tribal clinics, or public health jurisdictions. Priority shall be given to communities with established oral health coalitions. Grant applications for oral health education and prevention grants shall include (a) an assessment of the community's oral health education and prevention needs; (b) identification of the population to be served; and (c) a description of the grant program's predicted outcomes.
(10) $21,042,000 of the emergency medical and trauma care services account appropriation is provided solely for implementation of Substitute Senate Bill No. 5127 (trauma care services). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(11) $500,000 of the general fund--state appropriation for fiscal year 1998 and $500,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for family support and provider training services for children with special health care needs.
(12) $300,000 of the general fund--federal appropriation is provided solely for an abstinence education program which complies with P.L. 104-193. $400,000 of the general fund--federal appropriation is provided solely for abstinence education projects at the office of the superintendent of public instruction and shall be transferred to the office of the superintendent of public instruction for the 1998-99 school year. The department shall apply for abstinence education funds made available by the federal personal responsibility and work opportunity act of 1996 and implement a program that complies with the requirements of that act.
(13) $50,000 of the general fund--state appropriation for fiscal year 1998 and $50,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the implementation of Second Substitute House Bill No. 1191 (mandated health benefit review). If the bill is not enacted by June 30, 1997, the amounts provided in this section shall lapse.
(14) $100,000 of the general fund--state appropriation for fiscal year 1998 and $100,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the volunteer retired provider program. Funds shall be used to increase children's access to dental care services in rural and underserved communities by paying malpractice insurance and professional licensing fees for retired dentists participating in the program.
(15) $852,000 of the drinking water assistance account--federal appropriation is provided solely for an interagency agreement with the department of community, trade, and economic development to administer, in cooperation with the public works board, loans to local governments and public water systems for projects and activities to protect and improve the state's drinking water facilities and resources.
(16) $3,347,000 of the fiscal year 1998 general fund--state appropriation and $3,347,000 of the fiscal year 1999 general fund--state appropriation are provided solely for the AIDS prescription drug program and HIV intervention program. The department shall operate the program within total appropriations. The department shall take such actions as are necessary to control expenditures, including administrative efficiencies such as reductions to provider reimbursement rates, modifications to financial eligibility, modifications to the scope of services, and client cost sharing mechanisms. The department shall identify program policy changes required to manage within the amounts provided.
(17) Funding provided in this section is sufficient to implement section 8 of Engrossed Substitute House Bill No. 2264 (eliminating the health care policy board).
(18) $2,075,000 of the fiscal year 1998 general fund--state appropriation and $2,075,000 of the fiscal year 1999 general fund--state appropriation are provided solely for the Washington poison center.
(19) $((1,000,000)) 650,000 of the death investigations account appropriation is provided solely for the implementation of state-wide child mortality reviews. Local health jurisdictions shall coordinate child mortality reviews for children from birth to eighteen years of age, develop local child mortality review protocols, and serve as the appointing authority and lead agency for local child death review teams. The department of health shall develop standard aggregate data elements, collect and analyze local child mortality review data, provide technical assistance to local child mortality review teams, and approve local child death review protocols. If House Bill No. 1269 (death investigations account) is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(20) $1,125,000 of the fiscal year 1998 general fund--state appropriation and $1,125,000 of the fiscal year 1999 general fund--state appropriation are provided solely for deposit in the county public health account.
(21) $60,000 of the general fund--state appropriation for fiscal year 1998 and $60,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for attorney general services and such other activities not covered by fee revenues as are necessary for implementation of Engrossed Substitute House Bill No. 2264 (health care policy). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(22) $250,000 of the fiscal year 1998 general fund--state appropriation $250,000 of the fiscal year 1999 general fund--state appropriation are provided solely for operation of a naturopathic health clinic constructed in 1996.
(23) $250,000 of the general fund--federal appropriation in this section is provided solely for the purpose of conducting monitoring for thyroid diseases for eligible people exposed to radiation from Hanford between 1945 and 1951, and this amount is contingent upon the execution of an agreement with Oregon that Washington will function as a subrecipient for the Hanford medical monitoring program grant. If such an agreement is not executed by September 30, 1998, the amount provided in this subsection shall lapse.
(24) $203,000 of the health professions account appropriation is provided solely for the implementation of Engrossed Substitute House Bill No. 2462 (surgical technologists registration). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(25) $54,000 of the general fund--state appropriation for fiscal year 1999 and $13,000 of the health professions account appropriation are provided solely for the implementation of Engrossed Second Substitute House Bill No. 2345 (revising administrative law). If the bill is not enacted by June 30, 1998, the amounts provided in this subsection shall lapse.
(26) $1,000,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for the breast and cervical cancer screening program.
(27) Amounts provided in this section are sufficient to implement Engrossed Second Substitute House Bill No. 3008 (drug affected-infants).
(28) $300,000 of the general fund--state appropriation is provided solely for the implementation of a hepatitis A emergency vaccination program. This entire amount shall be passed through to county health districts that have employed a public education effort and have infection rates in excess of 500 per 100,000 population.
Sec. 221. 1997 c 454 s 213 (uncodified) is amended to read as follows:
(1) ADMINISTRATION AND PROGRAM SUPPORT
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ 13,926,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ 13,910,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 500,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 28,336,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $187,000 of the general fund fiscal year 1998 appropriation and $155,000 of the general fund fiscal year 1999 appropriation are provided solely for implementation of Substitute Senate Bill No. 5759 (risk classification). If the bill is not enacted by July 1, 1997, the amounts provided shall lapse.
(b) $500,000 of the violence reduction and drug enforcement account appropriation is provided solely for a feasibility study regarding the replacement of the department's offender based tracking system. The amount in this subsection is conditioned on satisfying the requirements of section 902, chapter 149, Laws of 1997.
(2) INSTITUTIONAL SERVICES
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((291,745,000))
289,665,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((304,000,000))
305,239,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 18,097,000
Industrial Insurance Premium Rebate Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 673,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,614,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((616,129,000))
615,288,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The department shall provide funding for the pet partnership program at the Washington corrections center for women at a level at least equal to that provided in the 1995-97 biennium.
(b) (($4,839,000)) $3,978,000 of the general fund--state fiscal year 1998 appropriation and (($6,481,000)) $5,081,000 of the general fund--state fiscal year 1999 appropriation are provided solely for the criminal justice costs associated with the implementation of Engrossed Third Substitute House Bill No. 3900 (revising the juvenile code). If Engrossed Third Substitute House Bill No. 3900 is not enacted by June 30, 1997, the amounts provided shall lapse.
(c) The department of corrections shall accomplish personnel reductions with the least possible impact on correctional custody staff, community custody staff, and correctional industries. For the purposes of this subsection, correctional custody staff means employees responsible for the direct supervision of offenders.
(((e))) (d) $296,000 of the general fund--state appropriation for fiscal year 1998 and $297,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to increase payment rates for contracted education providers. It is the legislature's intent that these amounts shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.
(((f))) (e) The department may expend funds generated by contractual agreements entered into for mitigation of severe overcrowding in local jails. If any funds are generated in excess of actual costs, they shall be deposited in the state general fund. Expenditures shall not exceed revenue generated by such agreements and shall be treated as recovery of costs.
(f) $240,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for the implementation of House Bill No. 1129 (eluding a police vehicle). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(g) $8,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for the implementation of House Bill No. 2628 (methamphetamine manufacture). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(h) $79,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for the implementation of Second Substitute House Bill No. 2794 (sentencing conditions). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(i) $1,496,000 of the general fund--state appropriation for fiscal year 1999 is provided solely to provide educational opportunities to offenders under the age of eighteen.
(3) COMMUNITY CORRECTIONS
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((89,377,000))
88,830,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((90,495,000))
90,781,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((179,872,000))
179,611,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $27,000 of the general fund fiscal year 1998 appropriation and $185,000 of the general fund fiscal year 1999 appropriation are provided solely for the criminal justice costs associated with the implementation of Engrossed Third Substitute House Bill No. 3900 (revising the juvenile code). If Engrossed Third Substitute House Bill No. 3900 is not enacted by June 30, 1997, the amounts provided shall lapse.
(b) The department of corrections shall accomplish personnel reductions with the least possible impact on correctional custody staff, community custody staff, and correctional industries. For the purposes of this subsection, correctional custody staff means employees responsible for the direct supervision of offenders.
(c) $467,000 of the general fund appropriation for fiscal year 1998 and $505,000 of the general fund appropriation for fiscal year 1999 are provided solely to increase payment rates for contracted education providers and contracted work release facilities. It is the legislature's intent that these amounts shall be used primarily to increase compensation for persons employed in direct, front-line service delivery.
(d) $156,000 of the general fund fiscal year 1999 appropriation is provided solely for the implementation of Second Substitute House Bill No. 2794 (sentencing conditions). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(e) $609,000 of the general fund fiscal year 1998 appropriation and $226,000 of the general fund fiscal year 1999 appropriation are provided solely for costs associated with allowing community corrections officers to carry firearms.
(4) CORRECTIONAL INDUSTRIES
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ 4,055,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ 4,167,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 8,222,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $100,000 of the general fund fiscal year 1998 appropriation and $100,000 of the general fund fiscal year 1999 appropriation 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.
(b) $50,000 of the general fund appropriation for fiscal year 1998 and $50,000 of the general fund appropriation for fiscal year 1999 are provided solely for the correctional industries board of directors to hire one staff person, responsible directly to the board, to assist the board in fulfilling its duties.
(5) INTERAGENCY PAYMENTS
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((6,945,000))
6,851,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((6,444,000))
6,538,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 13,389,000
Sec. 222. 1997 c 149 s 224 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ 714,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ 713,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 1,427,000
The appropriations in this section are subject to the following conditions and limitations: The commission shall study the feasibility and desirability of allowing certain older or physically infirm offenders to be released from institutional confinement, with the assumption that these released offenders would remain on community custody for the remainder of their length of confinement. The study shall identify: (1) Groups who would be potential candidates for such a program; (2) how individual offenders in these groups could be screened to maintain public safety; (3) how these offenders, if released, could be supervised in such a way as to maintain public safety; (4) what statutory changes would be necessary to implement such a program; (5) how much savings such a program would generate; and (6) any other items the commission deems relevant. The study shall be transmitted to the chairs and ranking minority members of the appropriate policy and fiscal committees of the legislature not later than December 15, 1998.
Sec. 223. 1997 c 454 s 214 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ 1,260,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ 1,261,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((173,595,000))
198,628,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ ((24,842,000))
28,650,000
Unemployment Compensation Administration Account--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((181,985,000))
182,312,000
Administrative Contingency Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((12,579,000))
13,527,000
Employment Service Administrative Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((13,176,000))
14,500,000
Employment & Training Trust Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 600,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((409,298,000))
440,738,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Expenditures of funds appropriated in this section for the information systems projects identified in agency budget requests as "claims and adjudication call centers", "data/wage quality initiative", and "one stop information connectivity" are conditioned upon compliance with section 902 of this act.
(2) $600,000 of the employment and training trust account appropriation is provided solely for the account's share of unemployment insurance tax collection costs.
(3) $1,126,000 of the general fund--federal appropriation is provided solely for the continuation of job placement centers colocated on community and technical college campuses.
(4) The employment security department shall spend no more than $25,049,511 of the unemployment compensation administration account--federal appropriation for the general unemployment insurance development effort (GUIDE) project, except that the department may exceed this amount by up to $2,600,000 to offset the cost associated with any vendor-caused delay. The additional spending authority is contingent upon the department fully recovering these moneys from any project vendors failing to perform in full. Authority to spend the amount provided by this subsection is conditioned on compliance with section 902 of this act.
(5) $60,000 of the general fund--state fiscal year 1998 appropriation and $61,000 of the general fund--state fiscal year 1999 appropriation are provided solely for the King county reemployment support center.
(6) $1,200,000 of the general fund--state fiscal year 1998 appropriation and $1,200,000 of the general fund--state fiscal year 1999 appropriation are provided solely for labor market information and employer outreach activities.
(7) $327,000 of the unemployment compensation administration account--federal appropriation and $486,000 of the employment service administrative account appropriation are provided solely for the department to replace field office computers that are not compliant with Year 2000 conversion standards.
(8) $948,000 of the administrative contingency account appropriation and $838,000 of the employment service administrative account appropriation are provided solely for the department to address deficiencies in the tax information system (TAXIS).
(9) Within the amounts appropriated in this section, the commissioner shall improve the disclosure of information on the employer rate notice for 1999 rate year unemployment contributions. The information disclosed on the notice must be for the 1997 calendar year and for the period used to calculate the employer's experience rating for the 1999 rate year. The notice must include an explanation in plain language of the disclosed information and the disclosed information's relationship to the employer's contributions. The information must include, to the greatest extent possible:
(a) The contributions paid by the employer;
(b) The benefits charged to the employer's experience rating account; and
(c) The dollar amount that represents the difference between (a) and (b) of this subsection.
In addition, the commissioner shall include the following information paid from the unemployment trust fund for each of the three most recently completed calendar years for: Total benefits paid; benefits paid that were in excess of one percent of the base year earnings of all claimants; benefits paid to claimants and not charged to any employer because of a voluntary quit; and benefits paid to a claimant but not charged to any employer because of marginal labor force attachment. The information shall include a generic explanation of why these benefits were paid.
PART III
NATURAL RESOURCES
Sec. 301. 1997 c 454 s 301 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ 213,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ 222,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ ((435,000))
442,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((870,000))
877,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $120,000 of the general fund--state appropriation for fiscal year 1998((,)) and $120,000 of the general fund--state appropriation for fiscal year 1999((, and $240,000 of the general fund--local appropriation)) are provided solely for each Washington Columbia river gorge county to receive an $80,000 grant for the purposes of implementing the scenic area management plan. If a Columbia river gorge county has not adopted an ordinance to implement the scenic area management plan in accordance with the national scenic area act (P.L. 99-663), then the grant funds for that county may be used by the commission to implement the plan for that county.
(2) $30,000 of the general fund--state appropriation for fiscal year 1998 and $30,000 of the general fund--state appropriation for fiscal year 1999 provided to Clark county under subsection (1) of this section shall be transferred through an inter-local agreement to Skamania county solely for implementing the national scenic area act.
Sec. 302. 1997 c 454 s 302 (uncodified) is amended to read as follows:
General Fund--State Appropriation
(FY 1998). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((27,748,000))
26,013,000
General Fund--State Appropriation
(FY 1999) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((27,795,000))
25,860,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((45,315,000))
46,240,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ ((643,000))
1,200,000
Special Grass Seed Burning Research Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((42,000))
71,000
Reclamation Revolving Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,441,000
Flood Control Assistance Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,850,000
State Emergency Water Projects Revolving Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 319,000
Waste Reduction/Recycling/Litter Control
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10,316,000
State and Local Improvements Revolving Account
(Waste Facilities) Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 601,000
State and Local Improvements Revolving Account
(Water Supply Facilities)
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,366,000
Basic Data Account Appropriation. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 182,000
Vehicle Tire Recycling Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,194,000))
357,000
Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,892,000
Wood Stove Education and Enforcement Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,055,000))
848,000
Worker and Community Right-to-Know Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 469,000
State Toxics Control Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 53,715,000
Local Toxics Control Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,342,000))
4,759,000
Water Quality Permit Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 20,378,000
Underground Storage Tank Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,443,000))
2,638,000
Solid Waste Management Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,021,000))
971,000
Hazardous Waste Assistance Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,615,000
Air Pollution Control Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 16,224,000
Oil Spill Administration Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((6,958,000))
6,998,000
Air Operating Permit Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,033,000))
3,808,000
Freshwater Aquatic Weeds Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,829,000
Oil Spill Response Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,078,000
Metals Mining Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 42,000
Water Pollution Control Revolving Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 349,000
Water Pollution Control Revolving Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,726,000
Biosolids Permit Account Appropriation. . . . . . .. . . . . . . . . . . . . . . . .$ 567,000
Environmental Excellence Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 247,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((251,795,000))
248,969,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $3,211,000 of the general fund--state appropriation for fiscal year 1998, $3,211,000 of the general fund--state appropriation for fiscal year 1999, $394,000 of the general fund--federal appropriation, $2,017,000 of the oil spill administration account, $819,000 of the state toxics control account appropriation, and $3,591,000 of the water quality permit fee account are provided solely for the implementation of the Puget Sound work plan and agency action items DOE-01, DOE-02, DOE-03, DOE-04, DOE-05, DOE-06, DOE-07, DOE-08, and DOE-09.
(2) $2,000,000 of the state toxics control account appropriation is provided solely for the following purposes:
(a) To conduct remedial actions for sites for which there are no potentially liable persons, for which potentially liable persons cannot be found, or for which potentially liable persons are unable to pay for remedial actions; and
(b) To provide funding to assist potentially liable persons under RCW 70.105D.070(2)(d)(xi) to pay for the cost of the remedial actions; and
(c) To conduct remedial actions for sites for which potentially liable persons have refused to conduct remedial actions required by the department; and
(d) To contract for services as necessary to support remedial actions.
(((6))) (3) $200,000 of the general fund--state appropriation for fiscal year 1998 is provided solely for the implementation of Engrossed Substitute House Bill No. 1118 (reopening a water rights claim filing period). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(((7))) (4) $3,600,000 of the general fund--state appropriation for fiscal year 1998 and $3,600,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the auto emissions inspection and maintenance program. Expenditures of the amounts provided in this subsection are contingent upon a like amount being deposited in the general fund from the auto emission inspection fees in accordance with RCW 70.120.170(4).
(((8))) (5) $170,000 of the oil spill administration account appropriation is provided solely for implementation of the Puget Sound work plan action item UW-02 through a contract with the University of Washington's Sea Grant program in order to develop an educational program that targets small spills from commercial fishing vessels, ferries, cruise ships, ports, and marinas.
(((9))) (6) The merger of the office of marine safety into the department of ecology shall be accomplished in a manner that will maintain a priority focus on oil spill prevention, as well as maintain a strong oil spill response capability. The merged program shall be established to provide a high level of visibility and ensure that there shall not be a diminution of the existing level of effort from the merged programs.
(((10))) (7) The entire environmental excellence account appropriation is provided solely for the implementation of Engrossed Second Substitute House Bill No. 1866 (environmental excellence). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse. In implementing the bill, the department shall organize the needed expertise to process environmental excellence applications after an application has been received.
(((11))) (8) $200,000 of the freshwater aquatic weeds account appropriation is provided solely to address saltcedar weed problems.
(((12))) (9) $4,498,000 of the waste reduction, recycling, and litter control account appropriation is provided for fiscal year 1998 and $5,818,000 is provided for fiscal year 1999 to be expended in the following ratios: Fifty percent for a litter patrol program to employ youth and correctional work crews to remove litter from places that are most visible to the public; twenty percent for grants to local governments for litter cleanup under RCW 70.93.250; and thirty percent for public education and awareness programs and programs to foster local waste reduction and recycling efforts. From the amounts provided in this subsection, the department shall provide $352,000 through an interagency agreement to the department of corrections to hire correctional crews to remove litter in areas that are not accessible to youth crews.
(((13))) (10) The entire biosolids permit account appropriation is provided solely for implementation of Engrossed Senate Bill No. 5590 (biosolids management). If the bill is not enacted by June 30, 1997, the entire appropriation is null and void.
(((14))) (11) $29,000 of the general fund--state appropriation for fiscal year 1998 and $99,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the implementation of Substitute House Bill No. 1985 (landscape management plans). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(((15))) (12) $60,000 of the freshwater aquatic weeds account appropriation is provided solely for a grant to the department of fish and wildlife to control and eradicate purple loosestrife using the most cost-effective methods available, including chemical control where appropriate.
(((16))) (13) $250,000 of the flood control assistance account appropriation is provided solely as a reappropriation to complete the Skokomish valley flood reduction plan. The amount provided in this subsection shall be reduced by the amount expended from this account for the Skokomish valley flood reduction plan during the biennium ending June 30, 1997.
(((18))) (14) $600,000 of the flood control assistance account appropriation is provided solely to complete flood control projects that were awarded funds during the 1995-97 biennium. These funds shall be spent only to complete projects that could not be completed during the 1995-97 biennium due to delays caused by weather or delays in the permitting process.
(((19))) (15) $113,000 of the general fund--state appropriation for fiscal year 1998 and $112,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for implementation of Substitute Senate Bill No. 5505 (assistance to water applicants). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(((20))) (16) $70,000 of the general fund--state appropriation for fiscal year 1998 and $70,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for implementation of Substitute Senate Bill No. 5785 (consolidation of groundwater rights). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(((21))) (17) $20,000 of the general fund--state appropriation for fiscal year 1998 and $20,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for implementation of Substitute Senate Bill No. 5276 (water right applications). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(((23))) (18) $500,000 of the general fund--state appropriation for fiscal year 1998 and $500,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the continuation of the southwest Washington coastal erosion study.
(19) It is the intent of the legislature that, within the general fund--state appropriations provided in this section, the department shall prioritize its resources to provide expedited assistance to businesses seeking permitting and technical assistance for rural economic development projects.
(20) Within the amounts provided in this section, the department shall conduct a wetlands technical assistance pilot program in accordance with Second Substitute House Bill No. 2340 (wetlands technical assistance). If the bill is not enacted by June 30, 1998, this subsection is null and void.
(21) Within the amounts provided in this section, the department shall cochair a work group to provide guidance to watershed groups in evaluating how mitigation efforts can support watershed restoration efforts in accordance with Engrossed Second Substitute House Bill No. 3049 (watershed planning/mitigation). If the bill is not enacted by June 30, 1998, this subsection is null and void.
(22) Within the amounts provided in this section, the department shall implement Engrossed Second Substitute House Bill No. 2925 (water systems). If the bill is not enacted by June 30, 1998, this subsection is null and void.
(23) Within the amounts provided in this section, the department shall contract for a scientific review by a panel selected by the society of environmental toxicology and chemistry of the following documents: 1992 Environmental Impact Statement on Aquatic Weeds; the KCM Phase 1 Study of Lake Steilacoom; the conditions and requirements of the first permit issued for the 1997 treatment season for Lake Steilacoom; and, studies done in respect to the listing of Lake Steilacoom as a possible model toxic control act site.
(24) $195,000 of the underground storage tank account appropriation is provided solely for the implementation of Substitute Senate Bill No. 6130 (underground storage tanks). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(25) $417,000 of the local toxics account appropriation is provided solely to implement Second Substitute House Bill No. 2618 (fertilizer regulation). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(26) Using up to $19,000 of the special grass seed burning research account appropriation the department shall provide funding to Washington State University to conduct a grass burning emissions study.
NEW SECTION. Sec. 303. A new section is added to 1997 c 149 (uncodified) to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ 3,800,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ 3,550,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 30,000
Water Quality Permit Account Appropriation. . . . . . . . . . . . . . . . . . . .$ 14,000
Air Pollution Control Account Appropriation. . . . . . . . . . . . . . . . . . . .$ 12,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 7,406,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $3,500,000 of the general fund--state appropriation for fiscal year 1998 and $2,652,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to implement sections 4 through 16 of Engrossed Substitute House Bill No. 2514 (integrated watershed management). If any of sections 4 through 16 of the bill are not enacted by June 30, 1998, the amount provided in this subsection shall lapse. Of the amounts in this subsection, $3,500,000 of the general fund--state appropriation for fiscal year 1998 and $1,500,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for grants to local watershed planning units, and $1,152,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for technical assistance to local watershed planning groups.
(2) $400,000 of the general fund--state appropriation for fiscal year 1999 is provided solely to implement sections 3 through 19 of Engrossed Second Substitute House Bill No. 2915 (dairy nutrients). If any of sections 3 through 19 of the bill are not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(3) $300,000 of the general fund--state appropriation for fiscal year 1998 is provided solely for the department to conduct a preconstruction analysis of Pine Hollow, located near the communities of Wiley City and Tampico in Yakima county, regarding its suitability as a site for the construction of a retainment dam and water storage reservoir and the reservoir site's potential to enhance and maintain anadromous fish and other aquatic life and agriculture. The analysis shall include, but is not limited to, a hydrologic and water rights assessment of the Ahtanum Creek watershed to determine water availability to Pine Hollow, an analysis of the geology and hydrology of the site and appropriate dam design and dynamics, its impact on water-related issues, and on Yakama Indian Nation and other water rights. Using amounts appropriated in this section and the associated local match, the department shall conduct portions of its analysis through contracts with private entities and through contracts with, or by providing grant moneys to, the Yakama Indian Nation and other public entities, which may include other state agencies, irrigation districts local to the area, cities, Yakima county, and federal agencies. The department shall consult with stakeholders before conducting this preconstruction analysis. The analysis shall be completed by June 30, 1999. The amount provided in this subsection is contingent upon the provision of an equal cash match from the Ahtanum irrigation district, and if such a match is not received the amount provided in this subsection shall lapse.
(4) $268,000 of the general fund--state appropriation for fiscal year 1999 is provided solely to implement Substitute House Bill No. 2924 (water rights). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(5) $196,000 of the general fund--state appropriation for fiscal year 1999 is provided solely to implement Engrossed Second Substitute House Bill No. 2339 (wetlands mitigation banking). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(6) $34,000 of the general fund--state appropriation for fiscal year 1999, $30,000 of the general fund--federal appropriation, $14,000 of the water quality permit account appropriation, and $12,000 of the air pollution control account appropriation are provided solely for the implementation of Engrossed Second Substitute House Bill No. 2345 (revising administrative law). If the bill is not enacted by June 30, 1998, the amounts provided in this subsection shall lapse.
Sec. 304. 1997 c 454 s 303 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((20,526,000))
20,489,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((20,335,000))
20,595,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,428,000))
3,122,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ 59,000
Winter Recreation Program Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((759,000))
779,000
Off Road Vehicle Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ 251,000
Snowmobile Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,290,000))
3,260,000
Aquatic Lands Enhancement Account Appropriation . . . . . . . .$ 321,000
Public Safety and Education Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 48,000
Industrial Insurance Premium Refund
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10,000
Waste Reduction/Recycling/Litter Control
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 34,000
Water Trail Program Account Appropriation. . . .. . . . . . . . . . . . . . . . .$ 14,000
Parks Renewal and Stewardship Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((25,344,000))
25,894,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((72,419,000))
74,876,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $189,000 of the aquatic lands enhancement account appropriation is provided solely for the implementation of the Puget Sound work plan agency action items P&RC-01 and P&RC-03.
(2) $264,000 of the general fund--federal appropriation is provided for boater programs state-wide and for implementation of the Puget Sound work plan.
(3) $45,000 of the general fund--state appropriation for fiscal year 1998 is provided solely for a feasibility study of a public/private effort to establish a reserve for recreation and environmental studies in southwest Kitsap county.
(4) Within the funds provided in this section, the state parks and recreation commission shall provide to the legislature a status report on implementation of the recommendations contained in the 1994 study on the restructuring of Washington state parks. This status report shall include an evaluation of the campsite reservation system including the identification of any incremental changes in revenues associated with implementation of the system and a progress report on other enterprise activities being undertaken by the commission. The report may also include recommendations on other revenue generating options. In preparing the report, the commission is encouraged to work with interested parties to develop a long-term strategy to support the park system. The commission shall provide this report by December 1, 1997.
(5) (($85,000)) $48,000 of the general fund--state appropriation for fiscal year 1998 and (($165,000)) $202,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for development of underwater park programs and facilities. The department shall work with the underwater parks program task force to develop specific plans for the use of these funds.
(6) Pursuant to RCW 43.135.055, during the 1997-99 fiscal biennium, the department is authorized to increase the following fees in excess of the fiscal growth factor: Group campsite fees from $15.00 to $23.00; Fort Worden conference center and recreational housing user fees up to 14.5 percent on average for all fees increased; special groomed trail permits from $20.00 to $40.00; and, wood debris collection from $10.00 to $25.00.
(7) $20,000 of the winter recreation program account appropriation and $20,000 of the snowmobile account appropriation are provided solely for a grant for the operation of the Northwest avalanche center.
Sec. 305. 1997 c 149 s 304 (uncodified) is amended to read as follows:
Firearms Range Account Appropriation. . . . . . . .. . . . . . . . . . . . . . . . .$ 46,000
Recreation Resources Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,352,000
Recreation Resources Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 11,000
NOVA Program Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . .$ 590,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((2,988,000))
2,999,000
The appropriations in this section are subject to the following conditions and limitations: Any proceeds from the sale of the PRISM software system shall be deposited into the recreation resources account.
Sec. 306. 1997 c 149 s 306 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ 838,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((840,000))
3,840,000
Water Quality Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 440,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((2,118,000))
5,118,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $181,000 of the general fund appropriation for fiscal year 1998, $181,000 of the general fund appropriation for fiscal year 1999, and $130,000 of the water quality account appropriation are provided solely for the implementation of the Puget Sound work plan agency action item CC-01.
(2) $1,000,000 of the general fund appropriation for fiscal year 1999 is provided solely for grants to conservation districts to provide technical assistance to landowners enrolling in the conservation reserve enhancement program.
(3) $200,000 of the general fund appropriation for fiscal year 1999 is provided solely for technical assistance for dairy farmers to implement sections 3 through 19 of Engrossed Second Substitute House Bill No. 2915 (dairy nutrients). If any of sections 3 through 19 of the bill are not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(4) $800,000 of the general fund--state appropriation for fiscal year 1999 is provided solely to conduct limiting factor analysis in accordance with sections 7 through 11 of Engrossed Substitute House Bill No. 2496 (salmon recovery planning). If these sections of the bill are not enacted by June 30, 1998, the amount provided in this subsection shall lapse. To the extent possible, the commission shall establish partnerships with the federal natural resources conservation service and other entities conducting watershed or limiting factor analysis. Of this amount: (a) $150,000 is provided for limiting factor analysis in the lower Columbia evolutionarily significant unit; (b) $150,000 is provided for limiting factor analysis in the Snake river evolutionarily significant unit; and (c) $500,000 is provided for limiting factor analysis in the Puget Sound area.
(5) $1,000,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for a contract with a nonprofit entity on a pilot program basis to develop and implement a volunteer habitat initiative. Approximately one-third of the initiative shall be implemented in the lower Columbia evolutionarily significant unit. The initiative must include: A training program for volunteers; a public outreach and education program; and a program to encourage landowners and land managers to use volunteers in salmon habitat improvement projects.
Sec. 307. 1997 c 454 s 304 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((36,049,000))
35,852,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((36,571,000))
42,150,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((73,015,000))
75,037,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ ((26,758,000))
26,983,000
Off Road Vehicle Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ 488,000
Aquatic Lands Enhancement Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,593,000
Public Safety and Education Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((590,000))
586,000
Industrial Insurance Premium Refund
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 120,000
Recreational Fisheries Enhancement
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,387,000
Warm Water Game Fish Account Appropriation.. . . . . . . . . . . . . . . . .$ 2,419,000
Wildlife Account Appropriation. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((52,372,000))
51,622,000
Game Special Wildlife Account--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,911,000
Game Special Wildlife Account--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10,844,000
Game Special Wildlife Account--Private/Local
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 350,000
Oil Spill Administration Account Appropriation.. . . . . . . . . . . . . . . . .$ 843,000
Environmental Excellence Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 20,000
Eastern Washington Pheasant Enhancement Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 547,000
Regional Fisheries Enhancement--State
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 500,000
Regional Fisheries Enhancement--Federal
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 750,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((250,877,000))
259,002,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,181,000 of the general fund--state appropriation for fiscal year 1998 and $1,181,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the implementation of the Puget Sound work plan agency action items DFW-01, DFW-03, DFW-04, and DFW-8 through DFW-15.
(2) $188,000 of the general fund--state appropriation for fiscal year 1998 and $155,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for a maintenance and inspection program for department-owned dams. The department shall submit a report to the governor and the appropriate legislative committees by October 1, 1998, on the status of department-owned dams. This report shall provide a recommendation, including a cost estimate, on whether each facility should continue to be maintained or should be decommissioned.
(3) $832,000 of the general fund--state appropriation for fiscal year 1998 and $825,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to implement salmon recovery activities and other actions required to respond to federal listings of salmon species under the endangered species act.
(4) $350,000 of the wildlife account appropriation, $72,000 of the general fund--state appropriation for fiscal year 1998, and $73,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for control and eradication of class B designate weeds on department owned and managed lands. The amounts from the general fund--state appropriations are provided solely for control of spartina.
(5) $140,000 of the wildlife account appropriation is provided solely for a cooperative effort with the department of agriculture for research and eradication of purple loosestrife on state lands.
(6) In controlling weeds on state-owned lands, the department shall use the most cost-effective methods available, including chemical control where appropriate, and the department shall report to the appropriate committees of the legislature by January 1, 1998, on control methods, costs, and acres treated during the previous year.
(7) ((A maximum of $1,000,000 is provided from the wildlife fund for fiscal year 1998. The amount provided in this subsection is for the emergency feeding of deer and elk that may be starving and that are posing a risk to private property due to severe winter conditions during the winter of 1997-98. The amount expended under this subsection must not exceed the amount raised pursuant to section 3 of Substitute House Bill No. 1478. Of the amount expended under this subsection, not more than fifty percent may be from fee revenue generated pursuant to section 3 of Substitute House Bill No. 1478. If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(8))) $193,000 of the general fund--state appropriation for fiscal year 1998, $194,000 of the general fund--state appropriation for fiscal year 1999, and $300,000 of the wildlife account appropriation are provided solely for the design and development of an automated license system.
(((9))) (8) The department is directed to offer for sale its Cessna 421 aircraft by June 30, 1998. Proceeds from the sale shall be deposited in the wildlife account.
(((10))) (9) $500,000 of the general fund--state appropriation for fiscal year 1998 and $500,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to continue the department's habitat partnerships program during the 1997-99 biennium.
(((11))) (10) $350,000 of the general fund--state appropriation for fiscal year 1998 and $350,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for purchase of monitoring equipment necessary to fully implement mass marking of coho salmon.
(((12))) (11) $238,000 of the general fund--state appropriation for fiscal year 1998 and $219,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the implementation of Substitute House Bill No. 1985 (landscape management plans). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(((13))) (12) $150,000 of the general fund--state appropriation for fiscal year 1998 and $150,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for a contract with the United States department of agriculture to carry out animal damage control projects throughout the state related to cougars, bears, and coyotes.
(((14))) (13) $97,000 of the general fund--state appropriation for fiscal year 1998 and $98,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to implement animal damage control programs for Canada geese in the lower Columbia river basin.
(((15))) (14) $170,000 of the general fund--state appropriation for fiscal year 1998, $170,000 of the general fund--state appropriation for fiscal year 1999, and $360,000 of the wildlife account appropriation are provided solely to hire additional enforcement officers to address problem wildlife throughout the state.
(((17))) (15) $133,000 of the general fund--state appropriation for fiscal year 1998 and $133,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to implement Substitute Senate Bill No. 5442 (flood control permitting). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(((18))) (16) $100,000 of the aquatic lands enhancement account appropriation is provided solely for grants to the regional fisheries enhancement groups.
(((19))) (17) $547,000 of the eastern Washington pheasant enhancement account appropriation is provided solely for implementation of Substitute Senate Bill No. 5104 (pheasant enhancement program). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(((20))) (18) $150,000 of the general fund--state appropriation for fiscal year 1998 and $150,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to hire Washington conservation corps crews to maintain department-owned and managed lands.
(((21))) (19) The entire environmental excellence account appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1866 (environmental excellence). If the bill is not enacted by June 30, 1997, the entire appropriation is null and void.
(((22))) (20) $156,000 of the recreational fisheries enhancement appropriation is provided solely for Substitute Senate Bill No. 5102 (fishing license surcharge). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(((23))) (21) $25,000 of the general fund--state appropriation for fiscal year 1998 and $25,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for staffing and operation of the Tennant Lake interpretive center.
(22) It is the intent of the legislature that, within the general fund--state appropriations provided in this section, the department shall prioritize its resources to provide expedited assistance to businesses seeking permitting and technical assistance for rural economic development projects.
(23) Within the amounts provided in this section, the department shall expedite permitting for fish habitat enhancement projects in accordance with Second Substitute House Bill No. 2879 (fish enhancement projects). If the bill is not enacted by June 30, 1998, this subsection is null and void.
(24) $750,000 of the regional fisheries enhancement--federal appropriation is provided solely for the regional fisheries enhancement groups. The amount in this section may be spent for project identification, design, permitting, and implementation; volunteer coordination; and administrative costs as approved under RCW 75.50.100 and 75.50.115(1)(d). All amounts not committed to approved project, volunteer coordination, or administrative costs by May 31, 1998, shall be made available to any of the regional fisheries enhancement groups that have submitted project approval requests that exceed their available funding from the regional fisheries enhancement group account and the regional fisheries enhancement salmonid recovery account. Redistribution of the moneys shall be based on the criteria established in RCW 75.50.115(1)(e), and shall ensure to the greatest extent possible that the funds are spent during the 1998 in-stream season.
(25) $700,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for grants to regional councils formed in accordance with sections 7 through 11 of Engrossed Substitute House Bill No. 2496 (salmon recovery planning). If these sections of the bill are not enacted by June 30, 1998, the amounts provided in this subsection shall lapse. Of this amount: (a) $100,000 is provided as a grant to the regional committee lead entity in the lower Columbia evolutionarily significant unit; (b) $100,000 is provided as a grant to the regional committee lead entity for administrative activities in the Snake river evolutionarily significant unit; and (c) $500,000 is provided for five separate grants to lead entities for restoration activities in the Puget Sound region.
(26) $75,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for implementation of the salmon recovery office in accordance with sections 7 through 11 of Engrossed Substitute House Bill No. 2496 (salmon recovery planning). If these sections of the bill are not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(27) $25,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for operation of the independent science panel in accordance with section 6 of Engrossed Substitute House Bill No. 2496 (salmon recovery planning). If this section of the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(28) $450,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for fish passage technical assistance in accordance with sections 7 through 11 of Engrossed Substitute House Bill No. 2496 (salmon recovery planning). The department shall contract with the department of transportation to train staff at the department of transportation to become proficient in providing fish passage technical assistance. If these sections of the bill are not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(29) $250,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for excessive deer and elk damage claims.
(30) $200,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for development and implementation of a remote site incubator program. The funding is solely for activities in the tributaries of the lower Columbia river in accordance with Substitute Senate Bill No. 6324 (fish remote site incubators). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(31) $775,000 of the general fund--state appropriation for fiscal year 1999, $400,000 of the general fund--federal appropriation, and $225,000 of the general fund--local appropriation are provided solely to contract for the mass marking of all appropriate state-wide department chinook salmon hatchery production in accordance with Second Substitute Senate Bill No. 6264 (chinook salmon mass marking). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(32) $500,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for implementation of sections 7 through 11 of Second Substitute House Bill No. 2496 (salmon recovery planning). The entire amount shall be used for regional fisheries enhancement group projects located in the Puget Sound region.
(33) $546,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for implementation of sections 7 through 11 of Second Substitute House Bill No. 2496 (salmon recovery planning). The entire amount shall be used for salmonid restoration projects located in the Puget Sound region.
(34) $2,204,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for implementation of sections 7 through 11 of Second Substitute House Bill No. 2496 (salmon recovery planning). Of these amounts: (a) $1,454,000 is provided solely for salmon restoration projects located in the Puget Sound region; (b) $250,000 is provided solely to the lead entity in the lower Columbia evolutionarily significant unit for salmon restoration projects and administration; and (c) $500,000 is provided solely for salmon restoration projects ready to be implemented located in the Snake river evolutionarily significant unit. If these sections of the bill are not enacted by June 30, 1998, the amounts provided in this subsection shall lapse.
(35) $50,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for the department to: (a) Establish a more accurate annual population estimate for elk and deer herds, particularly those herds in areas where conservation restrictions have been imposed in recent history; and (b) determine as accurately as possible annual elk or deer mortality from: Cougar and bear predation, hunting, poaching, starvation, and all other sources of harvest or depredation.
(36) $500,000 of the general fund--state appropriation for fiscal year 1999 and $3,500,000 of the general fund--federal appropriation are provided solely to implement a license buy-back program for commercial fishing licenses.
Sec. 308. 1997 c 454 s 305 (uncodified) is each amended to read as follows:
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ 23,767,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((24,168,000))
24,340,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,156,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ 422,000
Forest Development Account Appropriation. . . . . . . . . . . . . . . . . . . . .$ ((49,923,000))
49,953,000
Off Road Vehicle Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ 3,628,000
Surveys and Maps Account Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 2,088,000
Aquatic Lands Enhancement Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,869,000
Resources Management Cost Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((89,613,000))
89,759,000
Waste Reduction/Recycling/Litter Control
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 450,000
Surface Mining Reclamation Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,420,000
Aquatic Land Dredged Material Disposal Site Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 751,000
Natural Resources Conservation Areas Stewardship
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 77,000
Air Pollution Control Account Appropriation. . . . . . . . . . . . . . . . . . . .$ 890,000
Metals Mining Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 62,000
Natural Resources Equipment Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 750,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((203,284,000))
204,382,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $7,017,000 of the general fund--state appropriation for fiscal year 1998 and $6,900,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for emergency fire suppression.
(2) $18,000 of the general fund--state appropriation for fiscal year 1998, $18,000 of the general fund--state appropriation for fiscal year 1999, and $957,000 of the aquatic lands enhancement account appropriation are provided solely for the implementation of the Puget Sound work plan agency action items DNR-01, DNR-02, and DNR-04.
(3) $450,000 of the resource management cost account appropriation is provided solely for the control and eradication of class B designate weeds on state lands. The department shall use the most cost-effective methods available, including chemical control where appropriate, and report to the appropriate committees of the legislature by January 1, 1998, on control methods, costs, and acres treated during the previous year.
(4) $1,332,000 of the general fund--state appropriation for fiscal year 1998 and $1,713,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for fire protection activities.
(5) $541,000 of the general fund--state appropriation for fiscal year 1998 and $549,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the stewardship of natural area preserves, natural resource conservation areas, and the operation of the natural heritage program.
(6) $2,300,000 of the aquatic lands enhancement account appropriation is provided for the department's portion of the Eagle Harbor settlement.
(7) $195,000 of the general fund--state appropriation for fiscal year 1998 and $220,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the implementation of Substitute House Bill No. 1985 (landscape management plans). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(8) $600,000 of the general fund--state appropriation for fiscal year 1998 and $600,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the cooperative monitoring, evaluation, and research projects related to implementation of the timber-fish-wildlife agreement.
(9) $6,568,000 of the forest development account appropriation is provided solely for silviculture activities on forest board lands. To the extent that forest board counties apply for reconveyance of lands pursuant to Substitute Senate Bill No. 5325 (county land transfers), the amount provided in this subsection shall be reduced by an amount equal to the estimated silvicultural expenditures planned in each county that applies for reconveyance.
(10) The entire natural resources equipment account appropriation is provided solely for replacement of equipment and development of infrastructure necessary to meet new federal communications commission regulations.
(11) $55,000 of the general fund--state appropriation for fiscal year 1999, $25,000 from the resource management cost account appropriation, and $30,000 from the forest development account appropriation are provided solely for the implementation of Engrossed Second Substitute House Bill No. 2345 (revising administrative law). If the bill is not enacted by June 30, 1998, the amounts provided in this subsection shall lapse.
(12) $71,000 of the resource management cost account appropriation is provided solely for a study of the current method for determining water-dependent rents in accordance with Second Substitute Senate Bill No. 6156 (state aquatic lands leases). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(13) $117,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for a geographic information systems inventory of Washington sand, gravel, and construction rock resources.
(14) $50,000 of the resource management cost account appropriation is provided solely for a field study of biological control methods for eradication of spartina.
Sec. 309. 1997 c 149 s 309 (uncodified) is each amended to read as follows:
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((7,596,000))
7,605,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((7,008,000))
7,982,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,716,000))
5,077,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ 405,000
Aquatic Lands Enhancement Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 806,000
Industrial Insurance Premium Refund
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 184,000
State Toxics Control Account Appropriation. . . .. . . . . . . . . . . . . . . . .$ 1,338,000
Local Toxics Control Account Appropriation. . . . . . . . . . . . . . . . . . . .$ 303,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((22,053,000))
23,700,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $35,000 of the general fund--state appropriation for fiscal year 1998 and $36,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for technical assistance on pesticide management including the implementation of the Puget Sound work plan agency action item DOA-01.
(2) $461,000 of the general fund--state appropriation for fiscal year 1998, $421,000 of the general fund--state appropriation for fiscal year 1999, and (($361,000)) $722,000 of the general fund--federal appropriation are provided solely to monitor and eradicate the Asian gypsy moth.
(3) $138,000 of the general fund--state appropriation for fiscal year 1998 and $138,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for two additional staff positions in the plant protection program.
(4) $12,000 of the general fund--state appropriation for fiscal year 1998 and $13,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the implementation of Substitute Senate Bill No. 5077 (integrated pest management). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(5) $303,000 of the local toxics account appropriation is provided solely to implement Second Substitute House Bill No. 2618 (fertilizer regulation). The amount provided in this subsection shall be used to conduct a comprehensive study of plant uptake of metals and to implement new fertilizer registration requirements. If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(6) $60,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for the implementation of Engrossed Second Substitute House Bill No. 2345 (revising administrative law). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(7) $95,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for deposit into the livestock identification account for implementation of Engrossed Substitute House Bill No. 2887 (livestock identification). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
Sec. 310. 1997 c 149 s 310 (uncodified) is each amended to read as follows:
Pollution Liability Insurance Program Trust Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((909,000))
1,009,000
PART IV
TRANSPORTATION
Sec. 401. 1997 c 149 s 401 (uncodified) is each amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((4,536,000))
4,686,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((4,409,000))
4,532,000
Architects' License Account Appropriation . . . . . . . . . . . . . . . . .$ ((857,000))
829,000
Cemetery Account Appropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((188,000))
232,000
Professional Engineers' Account Appropriation. .. . . . . . . . . . . . . . . . .$ ((2,674,000))
2,700,000
Real Estate Commission Account Appropriation.. . . . . . . . . . . . . . . . .$ ((6,708,000))
7,062,000
Master License Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ ((6,998,000))
6,963,000
Uniform Commercial Code Account Appropriation. . . . . . . . . . . . . . .$ ((4,291,000))
3,521,000
Real Estate Education Account Appropriation. . .. . . . . . . . . . . . . . . . .$ 606,000
Funeral Directors And Embalmers Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((409,000))
418,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((31,676,000))
31,549,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $21,000 of the general fund fiscal year 1998 appropriation and $22,000 of the general fund fiscal year 1999 appropriation are provided solely to implement House Bill No. 1827 or Senate Bill No. 5754 (boxing, martial arts, wrestling). If neither bill is enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(2) $40,000 of the master license account appropriation is provided solely to implement Substitute Senate Bill No. 5483 (whitewater river outfitters). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(3) $229,000 of the general fund fiscal year 1998 appropriation and $195,000 of the general fund fiscal year 1999 appropriation are provided solely for the implementation of Senate Bill No. 5997 (cosmetology inspections). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(4) $31,000 of the general fund fiscal year 1998 appropriation, $1,000 of the general fund fiscal 1999 appropriation, $7,000 of the architects' license account appropriation, $18,000 of the professional engineers' account appropriation, $14,000 of the real estate commission account appropriation, $40,000 of the master license account appropriation, and $3,000 of the funeral directors and embalmers account appropriation are provided solely for the implementation of Engrossed House Bill No. 3901 (implementing welfare reform). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.
(5) $17,000 of the professional engineers' account appropriation is provided solely to implement Senate Bill No. 5266 (engineers/land surveyors). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(6) $110,000 of the general fund fiscal year 1998 appropriation is provided solely to implement Senate Bill No. 5998 (cosmetology advisory board). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(7) (($74,000 of the uniform commercial code account appropriation is provided solely to implement Engrossed Senate Bill No. 5163 (UCC filing). If the bill is not enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(8))) $11,000 of the general fund fiscal year 1998 appropriation and $2,000 of the general fund fiscal year 1999 appropriation are provided solely to implement Substitute House Bill No. 1748 or Substitute Senate Bill No. 5513 (vessel registration). If neither bill is enacted by June 30, 1997, the amount provided in this subsection shall lapse.
(8)(a) Pursuant to RCW 43.135.055, during the 1997-99 fiscal biennium, the department may increase fees in excess of the fiscal growth factor in the appraisers and camp resorts programs; however, such increases shall not exceed an annual increase of eight percent.
(b) Pursuant to RCW 43.135.055, during the 1997-99 fiscal biennium, the department may increase fees in excess of the fiscal growth factor in the professional athletics, employment agencies, and security guards programs to the extent necessary to defray the costs of the administration of these programs as set forth in RCW 43.24.086.
(c) Before raising fees in excess of the fiscal growth factor pursuant to this subsection, the department shall notify the chairs and ranking minority members of the appropriate fiscal committees of the legislature.
(9) Within the funds provided in this section, the department shall provide information detailing each specific component of the overhead costs allocated to each program within the business and professions division. The department shall establish procedures to allow each program within the business and professions division to review and modify its business processes in order to reduce administrative costs. The department of licensing shall provide a report to the fiscal committees of the legislature by October 1, 1998, detailing the specific procedures established pursuant to the requirements of this subsection.
Sec. 402. 1997 c 149 s 402 (uncodified) is each amended to read as follows:
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((7,712,000))
8,380,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((7,850,000))
19,366,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((3,990,000))
5,784,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$
Public Safety and Education Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,652,000))
4,483,000
County Criminal Justice Assistance Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,905,000
Municipal Criminal Justice Assistance Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,573,000
Fire Service Trust Account Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 92,000
Fire Service Training Account Appropriation. . . . . . . . . . . . . . . . . . . .$ ((1,762,000))
2,295,000
State Toxics Control Account Appropriation. . . .. . . . . . . . . . . . . . . . .$ 439,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((310,000))
570,000
Fingerprint Identification Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((3,082,000))
3,220,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((35,708,000))
50,448,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $254,000 of the fingerprint identification account appropriation is provided solely for an automated system that will facilitate the access of criminal history records remotely by computer or telephone for preemployment background checks and other non-law enforcement purposes. The agency shall submit an implementation status report to the office of financial management and the legislature by September 1, 1997.
(2) $264,000 of the general fund--federal appropriation is provided solely for a feasibility study to develop a criminal investigation computer system. The study will report on the feasibility of developing a system that uses incident-based reporting as its foundation, consistent with FBI standards. The system will have the capability of connecting with local law enforcement jurisdictions as well as fire protection agencies conducting arson investigations. The study will report on the system requirements for incorporating case management, intelligence data, imaging, and geographic information. The system will also provide links to existing crime information databases such as WASIS and WACIC. The agency shall submit a copy of the proposed study workplan to the office of financial management and the department of information services for approval prior to expenditure. A final report shall be submitted to the appropriate committees of the legislature, the office of financial management, and the department of information services no later than June 30, 1998.
(3) Pursuant to chapter 43.135 RCW, during the 1997-99 fiscal biennium, the Washington state patrol is authorized to raise existing fees charged for background fingerprint checks on current and potential school district and educational service district employees by six dollars.
(4) $166,000 of the general fund--state appropriation for fiscal year 1998 and $499,000 of the general fund--state appropriation for fiscal year 1999 are provided solely as state matching funds required to complete changes to the WACIC and WASIS systems.
(5) To address year 2000 concerns about the automated fingerprint identification system (AFIS), the Washington state patrol may contract with an intergovernmental consortium for the use of a year 2000 compatible AFIS system. Under this approach, the state patrol would begin paying a monthly usage fee starting in fiscal year 2000.
PART V
EDUCATION
NEW SECTION. Sec. 501. A new section is added to 1997 c 149 (uncodified) to read as follows:
FOR A STUDY OF K-12 FINANCE. A study of the system of finance of the Washington common schools shall be conducted by the joint legislative audit and review committee subject to the following conditions and limitations:
(1) The study shall address:
(a) The revenue and expenditure practices of local school districts. To the extent data is available, the study shall identify patterns of resource allocations to selected districts, buildings, and classrooms. The study shall document the extent to which meaningful analysis of resource allocations is limited by data currently available and shall identify means necessary to obtain information necessary to analyze the efficiency and effectiveness of common school expenditures. The study shall also seek to identify districts that have financial data available in a form that facilitates understanding by persons without specialized expertise in public finance.
(b) The ratio of students to teachers and other personnel in selected districts, buildings, and classrooms. To the extent data is obtainable, class-size shall include analysis of the use of certificated and noncertificated classroom instructors and assistants, the education and experience of instructional staff, the composition of students in classrooms by status including students who qualify for special education, learning assistance, bilingual education, gifted education, free and reduced lunch and other characteristics, including educational outcomes relevant to understanding the nature of class-size and the nature of students and teachers in those classes.
(2) The final report shall be presented no later than June 30, 1999. Before the final report is presented, an interim briefing shall be presented to the fiscal committees of the legislature for review and comment.
(3) Funds appropriated to the joint legislative audit and review committee for the study specified in this section may be used for consulting services as deemed necessary, including, but not limited to, review of studies of a similar nature and consultation with experts in the field of public school finance on the feasibility and best approaches to a state fiscal study with the objectives specified in this section.
Sec. 502. 1997 c 454 s 501 (uncodified) is each amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR STATE ADMINISTRATION
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((20,758,000))
21,408,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((40,775,000))
61,156,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 49,439,000
Public Safety and Education Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,598,000
Violence Reduction and Drug Enforcement Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,672,000
Education Savings Account Appropriation. . . . . . . . . . . . . . . . . . . . . .$ 39,312,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((156,554,000))
177,585,000
The appropriations in this section are subject to the following conditions and limitations:
(1) AGENCY OPERATIONS
(a) $394,000 of the general fund--state appropriation for fiscal year 1998 and $394,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the operation and expenses of the state board of education, including basic education assistance activities.
(b)(i) $250,000 of the general fund--state appropriation for fiscal year 1998 and $250,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for enhancing computer systems and support in the office of superintendent of public instruction. These amounts shall be used to: Make a database of school information available electronically to schools, state government, and the general public; reduce agency and school district administrative costs through more effective use of technology; and replace paper reporting and publication to the extent feasible with electronic media. The superintendent, in cooperation with the commission on student learning, shall develop a state student record system including elements reflecting student achievement. The system shall be made available to the office of financial management and the legislature with suitable safeguards of student confidentiality. The superintendent shall report to the office of financial management and the legislative fiscal committees by December 1 of each year of the biennium on the progress and plans for the expenditure of these amounts.
(ii) The superintendent, in cooperation with the commission on student learning, shall develop a feasibility plan for a state student record system, including elements reflecting student academic achievement on goals 1 and 2 under RCW 28A.150.210. The feasibility plan shall be made available to the office of financial management and the fiscal and education committees of the legislature for approval before a student records database is established, and shall identify data elements to be collected and suitable safeguards of student confidentiality and proper use of database records, with particular attention to eliminating unnecessary and intrusive data about nonacademic related information.
(c) $348,000 of the public safety and education account appropriation is provided solely for administration of the traffic safety education program, including in-service training related to instruction in the risks of driving while under the influence of alcohol and other drugs.
(d) $50,000 of the general fund--state appropriation for fiscal year 1998 and $50,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to implement Substitute Senate Bill No. 5394 (school audit resolutions).
(e) The superintendent shall conduct a study and make recommendations to the 1999 legislature regarding a definition of and standards for skills centers. The standards shall be related to the cost differential of skills centers as compared to secondary vocational education allocations provided in the appropriations act. The study shall also address proposals for new skills centers known as of August 31, 1998, and compare and analyze, insofar as possible, the proposals with the recommended standards. The study shall be submitted to the governor and the appropriate committees of the legislature by November 25, 1998.
(2) STATE-WIDE PROGRAMS
(a) $2,174,000 of the general fund--state appropriation is provided for in-service training and educational programs conducted by the Pacific Science Center.
(b) $63,000 of the general fund--state appropriation is provided for operation of the Cispus environmental learning center.
(c) $2,754,000 of the general fund--state appropriation is provided for educational centers, including state support activities. $100,000 of this amount is provided to help stabilize funding through distribution among existing education centers that are currently funded by the state at an amount less than $100,000 a biennium.
(d) $100,000 of the general fund--state appropriation is provided for an organization in southwest Washington that received funding from the Spokane educational center in the 1995-97 biennium and provides educational services to students who have dropped out.
(e) (($2,500,000)) $2,150,000 of the general fund--state fiscal year 1998 appropriation and (($2,500,000)) $2,150,000 of the general fund--state fiscal year 1999 appropriation are provided solely for implementation of reading initiatives to improve reading in early grades as enacted by the 1997 legislature. Of this amount((: (ii))), $4,300,000 is provided solely to implement Engrossed Substitute House Bill No. 2042. Funds shall be used solely for the selection and purchase of the second grade reading tests in accordance with section 2 of the bill, scoring costs associated with the administration of the tests in the 1998-99 school year in accordance with section 5 of the bill, and grants to school districts in accordance with sections 4 and 7 of the bill.
(f) $3,672,000 of the violence reduction and drug enforcement account appropriation and $2,250,000 of the public safety education account appropriation are provided solely for matching grants to enhance security in schools. Not more than seventy-five percent of a district's total expenditures for school security in any school year may be paid from a grant under this subsection. The grants shall be expended solely for the costs of employing or contracting for building security monitors in schools during school hours and school events. Of the amount provided in this subsection, at least $2,850,000 shall be spent for grants to districts that, during the 1988-89 school year, employed or contracted for security monitors in schools during school hours. However, these grants may be used only for increases in school district expenditures for school security over expenditure levels for the 1988-89 school year.
(g) $200,000 of the general fund--state appropriation for fiscal year 1998, $200,000 of the general fund--state appropriation for fiscal year 1999, and $400,000 of the general fund--federal appropriation transferred from the department of health are provided solely for a program that provides grants to school districts for media campaigns promoting sexual abstinence and addressing the importance of delaying sexual activity, pregnancy, and childbearing until individuals are ready to nurture and support their children. Grants to the school districts shall be for projects that are substantially designed and produced by students. The grants shall require a local private sector match equal to one-half of the state grant, which may include in-kind contribution of technical or other assistance from consultants or firms involved in public relations, advertising broadcasting, and graphics or video production or other related fields.
(h) $1,500,000 of the general fund--state appropriation for fiscal year 1998 and $1,500,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for school district petitions to juvenile court for truant students as provided in RCW 28A.225.030 and 28A.225.035. Allocation of this money to school districts shall be based on the number of petitions filed.
(i) $300,000 of the general fund--state appropriation is provided for alcohol and drug prevention programs pursuant to RCW 66.08.180.
(j)(i) $19,656,000 of the education savings account appropriation for fiscal year 1998 and $19,656,000 of the education savings account appropriation for fiscal year 1999 are provided solely for matching grants and related state activities to provide school district consortia with programs utilizing technology to improve learning. A maximum of (($100,000)) $150,000 each fiscal year of this amount is provided for administrative support and oversight of the K-20 network by the superintendent of public instruction. The superintendent of public instruction shall convene a technology grants committee representing private sector technology, school districts, and educational service districts to recommend to the superintendent grant proposals that have the best plans for improving student learning through innovative curriculum using technology as a learning tool and evaluating the effectiveness of the curriculum innovations. After considering the technology grants committee recommendations, the superintendent shall make matching grant awards, including granting at least fifteen percent of funds on the basis of criteria in (ii)(A) through (C) of this subsection (2)(j).
(ii) Priority for award of funds will be to (A) school districts most in need of assistance due to financial limits, (B) school districts least prepared to take advantage of technology as a means of improving student learning, and (C) school districts in economically distressed areas. The superintendent of public instruction, in consultation with the technology grants committee, shall propose options to the committee for identifying and prioritizing districts according to criteria in (i) and (ii) of this subsection (2)(j).
(iii) Options for review criteria to be considered by the superintendent of public instruction include, but are not limited to, free and reduced lunches, levy revenues, ending fund balances, equipment inventories, and surveys of technology preparedness. An "economically distressed area" is (A) a county with an unemployment rate that is at least twenty percent above the state-wide average for the previous three years; (B) a county that has experienced sudden and severe or long-term and severe loss of employment, or erosion of its economic base resulting in decline of its dominant industries; or (C) a district within a county which (I) has at least seventy percent of its families and unrelated individuals with incomes below eighty percent of the county's median income for families and unrelated individuals; and (II) has an unemployment rate which is at least forty percent higher than the county's unemployment rate.
(k) $50,000 of the general fund--state appropriations is provided as matching funds for district contributions to provide analysis of the efficiency of school district business practices. The superintendent of public instruction shall establish criteria, make awards, and provide a report to the fiscal committees of the legislature by December 15, 1997, on the progress and details of analysis funded under this subsection (2)(k).
(l) (($19,977,000)) $24,797,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for the purchase of classroom instructional materials and supplies. The superintendent shall allocate the funds at a maximum rate of $20.82 per full-time equivalent student, beginning September 1, 1998, and ending June 30, 1999. The expenditure of the funds shall be determined at each school site by the ((school building staff, parents, and the community)) individual teacher. School districts shall distribute all funds received to school buildings without deduction. $5,000,000 of the amount in this subsection is provided solely for a classroom collection of books selected by classroom teachers at a maximum rate of $102.22 per teacher. Funds shall be provided to teachers without deduction.
(m) $15,000 of the general fund--state appropriation is provided solely to assist local districts vocational education programs in applying for low frequency FM radio licenses with the federal communications commission.
(n) $35,000 of the general fund--state appropriation is provided solely to the state board of education to design a program to encourage high school students and other adults to pursue careers as vocational education teachers in the subject matter of agriculture.
(o) $25,000 of the general fund--state appropriation for fiscal year 1998 and $25,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for allocation to the primary coordinators of the state geographic alliance to improve the teaching of geography in schools.
(p) (($1,000,000)) $2,000,000 of the general fund--state appropriation is provided for state administrative costs and start-up grants for alternative programs and services that improve instruction and learning for at-risk and expelled students consistent with the objectives of Engrossed House Bill No. 1581 (disruptive students/offenders). Each grant application shall contain proposed performance indicators and an evaluation plan to measure the success of the program and its impact on improved student learning. Applications shall contain the applicant's plan for maintaining the program and/or services after the grant period, shall address the needs of students who cannot be accommodated within the framework of existing school programs or services and shall address how the applicant will serve any student within the proposed program's target age range regardless of the reason for truancy, suspension, expulsion, or other disciplinary action. Up to $50,000 per year may be used by the superintendent of public instruction for grant administration. The superintendent shall submit an evaluation of the alternative program start-up grants provided under this section, and section 501(2)(q), chapter 283, Laws of 1996, to the fiscal and education committees of the legislature by November 15, 1998. Grants shall be awarded to applicants showing the greatest potential for improved student learning for at-risk students including:
(i) Students who have been suspended, expelled, or are subject to other disciplinary actions;
(ii) Students with unexcused absences who need intervention from community truancy boards or family support programs;
(iii) Students who have left school; and
(iv) Students involved with the court system.
A minimum of $200,000 is provided solely for a pilot program for junior high school students who have received out of school suspensions. The program shall include the formal participation of local law enforcement, senior citizen organizations, local youth organizations, and city government.
The office of the superintendent of public instruction shall prepare a report describing student recruitment, program offerings, staffing practices, and available indicators of program effectiveness of alternative education programs funded with state and, to the extent information is available, local funds. The report shall contain a plan for conducting an evaluation of the educational effectiveness of alternative education programs.
(q) $1,600,000 of the general fund--state appropriation is provided for grants for magnet schools to be distributed as recommended by the superintendent of public instruction pursuant to chapter 232, section 516(13), Laws of 1992.
(r) $4,300,000 of the general fund--state appropriation is provided for complex need grants. Grants shall be provided according to amounts shown in LEAP Document 30C as developed on April 27, 1997, at 03:00 hours.
(s) $216,000 of the general fund--state appropriation is provided solely for development of assessments of teaching reading and other costs necessary to implement Substitute House Bill No. 2418 (reading improvement). The office of superintendent of public instruction shall provide these funds to the state board of education without deductions. If the bill is not enacted by June 30, 1998, the amounts provided in this subsection shall lapse.
(t) $14,100,000 of the general fund--state appropriation is provided solely for costs necessary to implement a reading improvement program in accordance with Engrossed Second Substitute Senate Bill No. 6509. If the bill is not enacted by June 30, 1998, the amounts provided in this subsection shall lapse.
(i) A maximum of $9,000,000 of the amount in this subsection is provided for professional development, purchase of instructional materials, and related costs necessary to implement section 2(1) and section 2(2) of the bill.
(ii) A maximum of $100,000 of the amount in this subsection is provided for professional development materials for school principals and interested volunteers in accordance with section 2(3) of the bill.
(iii) A maximum of $5,000,000 of the amount in this subsection is provided for teacher training in the use of volunteer tutors and mentors and related costs in accordance with section 2(7) of the bill. Funds may be spent on programs that include kindergarten through 6th grade students.
(u) $85,000 of the general fund--state appropriation is provided solely for a study and recommendations on parent participation, school-to-home communication, and parental management in the education of children from prekindergarten through higher education in accordance with Second Substitute House Bill No. 2604 (parental involvement in education). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(v) $115,000 of the general fund--state appropriation is provided solely for a study and recommendations related to education of offenders prosecuted as adults in accordance with Substitute House Bill No. 2793 (offender education). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(w) $375,000 of the general fund--state appropriation is provided solely for increased costs of providing a norm-referenced test to all third grade students and retests of certain third grade students and other costs in accordance with Second Substitute House Bill No. 2849 (student achievement). If the bill is not enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(x) $69,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for membership dues in the education commission for the states. The funds shall be provided to the state board of education without deductions and the state board shall provide a report on the benefits of membership to the appropriate committees of the legislature by January 15, 1999.
(y) $50,000 of the general fund--state appropriation is provided solely for development and operation of a skills center in Port Angeles, contingent on meeting the standard for qualifying for skills center funding as developed by the superintendent of public instruction in subsection (1)(e) of this section.
(z) $100,000 of the general fund--state appropriation is provided solely for coordination of vocational student organizations, including expansion of efforts of coordinators, additional student professional development activities, workshops and training, and reduction or subsidization of dues for disadvantaged students.
Sec. 503. 1997 c 149 s 502 (uncodified) is each amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR GENERAL APPORTIONMENT (BASIC EDUCATION)
General Fund Appropriation (FY 1998) . . . . . . . . . . . . . . . . .$ ((3,429,727,000))
3,405,645,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((3,511,157,000))
3,473,603,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((6,940,884,000))
6,879,248,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriation for fiscal year 1998 includes such funds as are necessary for the remaining months of the 1996-97 school year.
(2) Allocations for certificated staff salaries for the 1997-98 and 1998-99 school years shall be determined using formula-generated staff units calculated pursuant to this subsection. Staff allocations for small school enrollments in (d) through (f) of this subsection shall be reduced for vocational full-time equivalent enrollments. Staff allocations for small school enrollments in grades K-6 shall be the greater of that generated under (a) of this subsection, or under (d) and (e) of this subsection. Certificated staffing allocations shall be as follows:
(a) On the basis of each 1,000 average annual full-time equivalent enrollments, excluding full-time equivalent enrollment otherwise recognized for certificated staff unit allocations under (c) through (f) of this subsection:
(i) Four certificated administrative staff units per thousand full-time equivalent students in grades K-12;
(ii) 49 certificated instructional staff units per thousand full-time equivalent students in grades K-3;
(iii) An additional 5.3 certificated instructional staff units for grades K-3. Any funds allocated for these additional certificated units shall not be considered as basic education funding;
(A) Funds provided under this subsection (2)(a)(iii) in excess of the amount required to maintain the statutory minimum ratio established under RCW 28A.150.260(2)(b) shall be allocated only if the district documents an actual ratio equal to or greater than 54.3 certificated instructional staff per thousand full-time equivalent students in grades K-3. For any school district documenting a lower certificated instructional staff ratio, the allocation shall be based on the district's actual grades K-3 certificated instructional staff ratio achieved in that school year, or the statutory minimum ratio established under RCW 28A.150.260(2)(b), if greater;
(B) Districts at or above 51.0 certificated instructional staff per one thousand full-time equivalent students in grades K-3 may dedicate up to 1.3 of the 54.3 funding ratio to employ additional classified instructional assistants assigned to basic education classrooms in grades K-3. For purposes of documenting a district's staff ratio under this section, funds used by the district to employ additional classified instructional assistants shall be converted to a certificated staff equivalent and added to the district's actual certificated instructional staff ratio. Additional classified instructional assistants, for the purposes of this subsection, shall be determined using the 1989-90 school year as the base year;
(C) Any district maintaining a ratio equal to or greater than 54.3 certificated instructional staff per thousand full-time equivalent students in grades K-3 may use allocations generated under this subsection (2)(a)(iii) in excess of that required to maintain the minimum ratio established under RCW 28A.150.260(2)(b) to employ additional basic education certificated instructional staff or classified instructional assistants in grades 4-6. Funds allocated under this subsection (2)(a)(iii) shall only be expended to reduce class size in grades K-6. No more than 1.3 of the certificated instructional funding ratio amount may be expended for provision of classified instructional assistants; and
(iv) Forty-six certificated instructional staff units per thousand full-time equivalent students in grades 4-12;
(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) On the basis of full-time equivalent enrollment in:
(i) 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 18.3 full-time equivalent vocational students for the 1997-98 school year and for each 19.5 full-time equivalent vocational students in the 1998-99 school year. Beginning with the 1998-99 school year, districts documenting staffing ratios of less than 1 certificated staff per ((18.3)) 19.5 students shall be allocated the greater of the total ratio in subsections (2)(a)(i) and (iv) of this section or the actual documented ratio;
(ii) Skills center programs approved by the superintendent of public instruction for skills centers approved prior to September 1, 1997, 0.92 certificated instructional staff units and 0.08 certificated administrative units for each 16.67 full-time equivalent vocational students;
(iii) Indirect cost charges, as defined by the superintendent of public instruction, to vocational-secondary programs shall not exceed 10 percent; and
(iv) 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.
(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 1997-98 and 1998-99 school years shall be calculated using formula-generated classified staff units determined as follows:
(a) For enrollments generating certificated staff unit allocations under subsection (2)(d) through (h) of this section, one classified staff unit for each three certificated staff units allocated under such subsections;
(b) For all other enrollment in grades K-12, including vocational full-time equivalent enrollments, one classified staff unit for each sixty average annual full-time equivalent students; and
(c) For each nonhigh school district with an enrollment of more than fifty annual average full-time equivalent students and less than one hundred eighty students, an additional one-half of a classified staff unit.
(4) Fringe benefit allocations shall be calculated at a rate of 20.22 percent in the 1997-98 and 1998-99 school years for certificated salary allocations provided under subsection (2) of this section, and a rate of 18.65 percent in the 1997-98 and 1998-99 school years for classified salary allocations provided under subsection (3) of this section.
(5) Insurance benefit allocations shall be calculated at the maintenance rate specified in section 504(2) of this act, based on the number of benefit units determined as follows:
(a) The number of certificated staff units determined in subsection (2) of this section; and
(b) The number of classified staff units determined in subsection (3) of this section multiplied by 1.152. This factor is intended to adjust allocations so that, for the purposes of distributing insurance benefits, full-time equivalent classified employees may be calculated on the basis of 1440 hours of work per year, with no individual employee counted as more than one full-time equivalent.
(6)(a) For nonemployee-related costs associated with each certificated staff unit allocated under subsection (2)(a), (b), and (d) through (h) of this section, there shall be provided a maximum of $7,950 per certificated staff unit in the 1997-98 school year and a maximum of (($8,165)) $8,053 per certificated staff unit in the 1998-99 school year.
(b) For nonemployee-related costs associated with each vocational certificated staff unit allocated under subsection (2)(c) of this section, there shall be provided a maximum of $15,147 per certificated staff unit in the 1997-98 school year and a maximum of (($15,556)) $19,775 per certificated staff unit in the 1998-99 school year.
(c) For nonemployee-related costs associated with each vocational certificated staff unit allocated under subsection (2)(c)(ii) of this section, there shall be provided a maximum of $15,147 per certificated staff unit in the 1997-98 school year and a maximum of $15,344 per certificated staff unit in the 1998-99 school year.
(7) Allocations for substitute costs for classroom teachers shall be distributed at a maintenance rate of $354.64 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 state-wide for the 1996-97 school year.
(8) Any school district board of directors may petition the superintendent of public instruction by submission of a resolution adopted in a public meeting to reduce or delay any portion of its basic education allocation for any school year. The superintendent of public instruction shall approve such reduction or delay if it does not impair the district's financial condition. Any delay shall not be for more than two school years. Any reduction or delay shall have no impact on levy authority pursuant to RCW 84.52.0531 and local effort assistance pursuant to chapter 28A.500 RCW.
(9) The superintendent may distribute a maximum of (($6,124,000)) $6,114,000 outside the basic education formula during fiscal years 1998 and 1999 as follows:
(a) For fire protection for school districts located in a fire protection district as now or hereafter established pursuant to chapter 52.04 RCW, a maximum of $447,000 may be expended in fiscal year 1998 and a maximum of (($459,000)) $453,000 may be expended in fiscal year 1999;
(b) For summer vocational programs at skills centers, a maximum of $1,948,000 may be expended each fiscal year;
(c) A maximum of (($321,000)) $318,000 may be expended for school district emergencies; and
(d) A maximum of $500,000 per fiscal year may be expended for programs providing skills training for secondary students who are enrolled in extended day school-to-work programs, as approved by the superintendent of public instruction. The funds shall be allocated at a rate not to exceed $500 per full-time equivalent student enrolled in those programs.
(10) For the purposes of RCW 84.52.0531, the increase per full-time equivalent student in state basic education appropriations provided under this act, including appropriations for salary and benefits increases, is 2.5 percent from the 1996-97 school year to the 1997-98 school year, and 1.1 percent from the 1997-98 school year to the 1998-99 school year.
(11) If two or more school districts consolidate and each district was receiving additional basic education formula staff units pursuant to subsection (2)(b) through (h) of this section, the following shall apply:
(a) For three school years following consolidation, the number of basic education formula staff units shall not be less than the number of basic education formula staff units received by the districts in the school year prior to the consolidation; and
(b) For the fourth through eighth school years following consolidation, the difference between the basic education formula staff units received by the districts for the school year prior to consolidation and the basic education formula staff units after consolidation pursuant to subsection (2)(a) through (h) of this section shall be reduced in increments of twenty percent per year.
Sec. 504. 1997 c 454 s 503 (uncodified) is each amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTS
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((79,966,000))
79,412,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((116,310,000))
115,149,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((196,276,000))
194,561,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($176,525,000)) $174,999,000 is provided for a cost of living adjustment of 3.0 percent effective September 1, 1997, for state formula staff units. The appropriations include associated incremental fringe benefit allocations at rates of 19.58 percent for certificated staff and 15.15 percent for classified staff.
(a) The appropriations in this section include the increased portion of salaries and incremental fringe benefits for all relevant state-funded school programs in part V of this act. Salary adjustments for state employees in the office of superintendent of public instruction and the education reform program are provided in part VII of this act. Increases for general apportionment (basic education) are based on the salary allocation schedules and methodology in section 502 of this act. Increases for special education result from increases in each district's basic education allocation per student. Increases for educational service districts and institutional education programs are determined by the superintendent of public instruction using the methodology for general apportionment salaries and benefits in section 502 of this act.
(b) The appropriations in this section provide salary increase and incremental fringe benefit allocations based on formula adjustments as follows:
(i) For pupil transportation, an increase of $0.60 per weighted pupil-mile for the 1997-98 school year and maintained for the 1998-99 school year;
(ii) For education of highly capable students, an increase of $6.81 per formula student for the 1997-98 school year and maintained for the 1998-99 school year; and
(iii) For transitional bilingual education, an increase of $17.69 per eligible bilingual student for the 1997-98 school year and maintained for the 1998-99 school year; and
(iv) For learning assistance, an increase of $8.74 per entitlement unit for the 1997-98 school year and maintained for the 1998-99 school year.
(c) The appropriations in this section include (($912,000)) $903,000 for salary increase adjustments for substitute teachers at a rate of $10.64 per unit in the 1997-98 school year and maintained in the 1998-99 school year.
(2) (($19,751,000)) $19,600,000 is provided for adjustments to insurance benefit allocations. The maintenance rate for insurance benefit allocations is $314.51 per month for the 1997-98 and 1998-99 school years. The appropriations in this section provide ((increases of $2.83)) for a rate increase to $317.34 per month for the 1997-98 school year and (($18.41)) $335.75 per month for the 1998-99 school year at the following rates:
(a) For pupil transportation, an increase of $0.03 per weighted pupil-mile for the 1997-98 school year and $0.19 for the 1998-99 school year;
(b) For education of highly capable students, an increase of $0.20 per formula student for the 1997-98 school year and $1.35 for the 1998-99 school year;
(c) For transitional bilingual education, an increase of $.46 per eligible bilingual student for the 1997-98 school year and $3.44 for the 1998-99 school year; and
(d) For learning assistance, an increase of $.36 per funded unit for the 1997-98 school year and $2.70 for the 1998-99 school year.
(3) The rates specified in this section are subject to revision each year by the legislature.
(4)(((a))) For the 1997-98 school year, the superintendent shall prepare a report showing the allowable derived base salary for certificated instructional staff in accordance with RCW 28A.400.200 and LEAP Document 12D, and the actual derived base salary paid by each school district as shown on the S-275 report and shall make the report available to the fiscal committees of the legislature no later than February 15, 1998.
Sec. 505. 1997 c 149 s 505 (uncodified) is each amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PUPIL TRANSPORTATION
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((174,344,000))
175,168,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((179,560,000))
179,439,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((353,904,000))
354,607,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriation for fiscal year 1998 includes such funds as are necessary for the remaining months of the 1996-97 school year.
(2) A maximum of (($1,451,000)) $1,441,000 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) $30,000 of the fiscal year 1998 appropriation and $40,000 of the fiscal year 1999 appropriation are provided solely for the transportation of students enrolled in "choice" programs. Transportation shall be limited to low-income students who are transferring to "choice" programs solely for educational reasons.
(4) Allocations for transportation of students shall be based on reimbursement rates of $34.47 per weighted mile in the 1997-98 school year and (($34.76)) $34.61 per weighted mile in the 1998-99 school year exclusive of salary and benefit adjustments provided in section 504 of this act. Allocations for transportation of students transported more than one radius mile shall be based on weighted miles as determined by superintendent of public instruction times the per mile reimbursement rates for the school year pursuant to the formulas adopted by the superintendent of public instruction. Allocations for transportation of students living within one radius mile shall be based on the number of enrolled students in grades kindergarten through five living within one radius mile of their assigned school times the per mile reimbursement rate for the school year times 1.29.
Sec. 506. 1997 c 149 s 506 (uncodified) is each amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SCHOOL FOOD SERVICE PROGRAMS
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ 3,075,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((3,075,000))
3,100,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 194,483,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((200,633,000))
200,658,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $6,000,000 of the general fund--state appropriations are provided for state matching money for federal child nutrition programs.
(2) (($150,000)) $175,000 of the general fund--state appropriations are provided for summer food programs for children in low-income areas.
Sec. 507. 1997 c 149 s 507 (uncodified) is each amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR SPECIAL EDUCATION PROGRAMS
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((370,486,000))
371,687,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((374,327,000))
378,405,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((135,106,000))
143,106,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((879,919,000))
893,198,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriation for fiscal year 1998 includes such funds as are necessary for the remaining months of the 1996-97 school year.
(2) The superintendent of public instruction shall distribute state funds to school districts based on two categories, the optional birth through age two program for special education eligible developmentally delayed infants and toddlers, and the mandatory special education program for special education eligible students ages three to twenty-one. A "special education eligible student" means a student receiving specially designed instruction in accordance with a properly formulated individualized education program.
(3) For the 1997-98 and 1998-99 school years, the superintendent shall distribute state funds to each district based on the sum of:
(a) A district's annual average headcount enrollment of developmentally delayed infants and toddlers ages birth through two, times the district's average basic education allocation per full-time equivalent student, times 1.15; and
(b) A district's annual average full-time equivalent basic education enrollment times the funded enrollment percent determined pursuant to subsection (4)(c) of this section, times the district's average basic education allocation per full-time equivalent student times 0.9309.
(4) The definitions in this subsection apply throughout this section.
(a) "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 (i.e., 49/1000 certificated instructional staff in grades K-3, and 46/1000 in grades 4-12) and shall not include enhancements for K-3, secondary vocational education, or small schools.
(b) "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).
(c) "Enrollment percent" means the district's resident special education annual average enrollment including those students counted under the special education demonstration projects, excluding the birth through age two enrollment, as a percent of the district's annual average full-time equivalent basic education enrollment. For the 1997-98 and the 1998-99 school years, each district's funded enrollment percent shall be:
(i) For districts whose enrollment percent for 1994-95 was at or below 12.7 percent, the lesser of the district's actual enrollment percent for the school year for which the allocation is being determined or 12.7 percent.
(ii) For districts whose enrollment percent for 1994-95 was above 12.7 percent, the lesser of:
(A) The district's actual enrollment percent for the school year for which the special education allocation is being determined; or
(B) The district's actual enrollment percent for the school year immediately prior to the school year for which the special education allocation is being determined if greater than 12.7 percent; or
(C) For 1997-98, the 1994-95 enrollment percent reduced by 75 percent of the difference between the district's 1994-95 enrollment percent and 12.7 percent and for 1998-99, 12.7 percent.
(5) 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 12.7, and shall be calculated in the aggregate rather than individual district units. For purposes of this subsection (4) of this section, the average basic education allocation per full-time equivalent student shall be calculated in the aggregate rather than individual district units.
(6) A maximum of $12,000,000 of the general fund--state appropriation for fiscal year 1998 and a maximum of $12,000,000 of the general fund--state appropriation for fiscal year 1999 are provided as safety net funding for districts with demonstrated needs for state special education funding beyond the amounts provided in subsection (3) of this section. Safety net funding shall be awarded by the state safety net oversight committee.
(a) The safety net oversight committee shall first consider the needs of districts adversely affected by the 1995 change in the special education funding formula. Awards shall be based on the amount required to maintain the 1994-95 state special education excess cost allocation to the school district in aggregate or on a dollar per funded student basis.
(b) The committee shall then consider unusual needs of districts due to a special education population which differs significantly from the assumptions of the state funding formula. Awards shall be made to districts that convincingly demonstrate need due to the concentration and/or severity of disabilities in the district. Differences in program costs attributable to district philosophy or service delivery style are not a basis for safety net awards.
(7) Prior to June 1st of each year, the superintendent shall make available to each school district from available data the district's maximum funded enrollment percent for the coming school year.
(8) 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 in place for the 1996-97 school year, the superintendent shall consult with the office of financial management and the fiscal committees of the legislature.
(9) The safety net oversight committee appointed by the superintendent of public instruction shall consist of:
(a) Staff of the office of superintendent of public instruction;
(b) Staff of the office of the state auditor;
(c) Staff from the office of the financial management; and
(d) One or more representatives from school districts or educational service districts knowledgeable of special education programs and funding.
(10) A maximum of $4,500,000 of the general fund--federal appropriation shall be expended for safety net funding to meet the extraordinary needs of one or more individual special education students.
(11) A maximum of $678,000 may be expended from the general fund--state appropriations to fund 5.43 full-time equivalent teachers and 2.1 full-time equivalent aides at children's orthopedic hospital and medical center. This amount is in lieu of money provided through the home and hospital allocation and the special education program.
(12) A maximum of $1,000,000 of the general fund--federal appropriation is provided for projects to provide special education students with appropriate job and independent living skills, including work experience where possible, to facilitate their successful transition out of the public school system. The funds provided by this subsection shall be from federal discretionary grants.
(13) A school district may carry over up to 10 percent of general fund--state funds allocated under this program; however, carry over funds shall be expended in the special education program.
(14) Beginning in the 1997-98 school year, the superintendent shall increase the percentage of federal flow-through to school districts to at least 84 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.
(15) Up to one percent of the general fund--federal appropriation shall be expended by the superintendent for projects related to use of inclusion strategies by school districts for provision of special education services. The superintendent shall prepare an information database on laws, best practices, examples of programs, and recommended resources. The information may be disseminated in a variety of ways, including workshops and other staff development activities.
(16) Amounts appropriated within this section are sufficient to fund ((section 5 of Second Substitute House Bill No. 1709 (mandate on school districts))) the provisions of House Bill No. 2682 (school medicaid incentive payments).
Sec. 508. 1997 c 149 s 508 (uncodified) is each amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR TRAFFIC SAFETY EDUCATION PROGRAMS
Public Safety and Education Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((17,179,000))
16,883,000
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation includes such funds as are necessary for the remaining months of the 1996-97 school year.
(2) A maximum of $507,000 shall be expended for regional traffic safety education coordinators.
(3) The maximum basic state allocation per student completing the program shall be $137.16 in the 1997-98 and 1998-99 school years.
(4) Additional allocations to provide tuition assistance for students from low-income families who complete the program shall be a maximum of $66.81 per eligible student in the 1997-98 and 1998-99 school years.
Sec. 509. 1997 c 454 s 504 (uncodified) is each amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR LOCAL EFFORT ASSISTANCE
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((84,347,000))
82,079,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((89,605,000))
86,272,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((173,952,000))
168,351,000
Sec. 510. 1997 c 454 s 505 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR INSTITUTIONAL EDUCATION PROGRAMS
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((18,026,000))
16,897,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((18,983,000))
17,400,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 8,548,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((45,557,000))
42,845,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The general fund--state appropriation for fiscal year 1998 includes such funds as are necessary for the remaining months of the 1996-97 school year.
(2) State funding provided under this section is based on salaries and other expenditures for a 220-day school year. The superintendent of public instruction shall monitor school district expenditure plans for institutional education programs to ensure that districts plan for a full-time summer program.
(3) State funding for each institutional education program shall be based on the institution's annual average full-time equivalent student enrollment. Staffing ratios for each category of institution shall remain the same as those funded in the 1995-97 biennium.
(((4) $341,000 of the general fund--state fiscal year 1998 appropriation and $407,000 of the general fund--state fiscal year 1999 appropriation are provided solely for the implementation of Engrossed Third Substitute House Bill No. 3900 (revising the juvenile code). If the bill is not enacted by June 30, 1997, the amounts provided in this subsection shall lapse.))
Sec. 511. 1997 c 149 s 513 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR PROGRAMS FOR HIGHLY CAPABLE STUDENTS
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((5,752,000))
5,701,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((6,176,000))
6,121,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((11,928,000))
11,822,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriation for fiscal year 1998 includes such funds as are necessary for the remaining months of the 1996-97 school year.
(2) Allocations for school district programs for highly capable students shall be distributed at a maximum rate of $311.12 per funded student for the 1997-98 school year and (($311.58)) $311.35 per funded student for the 1998-99 school year, exclusive of salary and benefit adjustments pursuant to section 504 of this act. The number of funded students shall be a maximum of two percent of each district's full-time equivalent basic education enrollment.
(3) $350,000 of the appropriation is for the centrum program at Fort Worden state park.
(4) $186,000 of the appropriation is for the odyssey of the mind and future problem-solving programs.
Sec. 512. 1997 c 454 s 506 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--EDUCATION REFORM PROGRAMS
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((18,905,000))
18,605,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((21,868,000))
21,218,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((40,773,000))
39,823,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($18,103,000)) $17,153,000 is provided for the operation of the commission on student learning and the development and implementation of student assessments. The commission shall cooperate with the superintendent of public instruction in defining measures of student achievement to be included in the student record system developed by the superintendent pursuant to section 501(1)(b) of this act.
(2) $2,190,000 is provided solely for training of paraprofessional classroom assistants and certificated staff who work with classroom assistants as provided in RCW 28A.415.310.
(3) $2,970,000 is provided for mentor teacher assistance, including state support activities, under RCW 28A.415.250 and 28A.415.260. Funds for the teacher assistance program shall be allocated to school districts based on the number of beginning teachers.
(4) $4,050,000 is provided 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.
(5) $7,200,000 is provided 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.
(6) $5,000,000 is provided solely for the meals for kids program under RCW 28A.235.145 through 28A.235.155.
(7) $1,260,000 is provided for technical assistance related to education reform through the office of the superintendent of public instruction, in consultation with the commission on student learning, as specified in RCW 28A.300.130 (center for the improvement of student learning).
(8) Amounts provided in Engrossed House Bill No. 2432 (educator internships) are sufficient to implement the bill.
Sec. 513. 1997 c 454 s 507 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR TRANSITIONAL BILINGUAL PROGRAMS
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((31,146,000))
30,712,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((33,414,000))
32,184,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((64,560,000))
62,896,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriation for fiscal year 1998 provides such funds as are necessary for the remaining months of the 1996-97 school year.
(2) The superintendent of public instruction shall study the formula components proposed for the 1998-99 school year and prepare a report to the legislature no later than January 15, 1998.
(3) The superintendent shall distribute a maximum of $643.78 per eligible bilingual student in the 1997-98 and 1998-99 school years, exclusive of salary and benefit adjustments provided in section 503 of this act.
Sec. 514. 1997 c 149 s 516 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--FOR THE LEARNING ASSISTANCE PROGRAM
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((60,309,000))
60,224,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((60,862,000))
61,000,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((121,171,000))
121,224,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriation for fiscal year 1998 provides such funds as are necessary for the remaining months of the 1996-97 school year.
(2) For making the calculation of the percentage of students scoring in the lowest quartile as compared with national norms, beginning with the 1991-92 school year, the superintendent shall multiply each school district's 4th and 8th grade test results by 0.86.
(3) Funding for school district learning assistance programs shall be allocated at maximum rates of $378.33 per funded unit for the 1997-98 school year and (($379.47)) $378.88 per funded unit for the 1998-99 school year exclusive of salary and benefit adjustments provided in section 504 of this act. School districts may carryover up to 10 percent of funds allocated under this program; however, carryover funds shall be expended for the learning assistance program.
(a) A school district's funded units for the 1997-98 and 1998-99 school years shall be the sum of the following:
(i) The district's full-time equivalent enrollment in kindergarten through 6th grade, times the 5-year average 4th grade test result as adjusted pursuant to subsection (2) of this section, times 0.92; and
(ii) The district's full-time equivalent enrollment in grades 7 through 9, times the 5-year average 8th grade test result as adjusted pursuant to subsection (2) of this section, times 0.92; and
(iii) If in the prior school year the district's percentage of October headcount enrollment in grades K-12 eligible for free and reduced price lunch exceeded the state average, subtract the state average percentage of students eligible for free and reduced price lunch from the district's percentage and multiply the result by the district's K-12 annual average full-time equivalent enrollment for the current school year times 22.30 percent.
Sec. 515. 1997 c 454 s 508 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION--LOCAL ENHANCEMENT FUNDS
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((49,815,000))
49,493,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((56,962,000))
56,457,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((106,777,000))
105,950,000
The appropriations in this section are subject to the following conditions and limitations:
(1) A maximum of (($50,841,000)) $50,418,000 is provided for learning improvement allocations to school districts to enhance the ability of instructional staff to teach and assess the essential academic learning requirements for reading, writing, communication, and math in accordance with the timelines and requirements established under RCW 28A.630.885. However, special emphasis shall be given to the successful teaching of reading. Allocations under this section shall be subject to the following conditions and limitations:
(a) In accordance with the timetable for the implementation of the assessment system by the commission on student learning, the allocations for the 1997-98 and 1998-99 school years shall be at a maximum annual rate per full-time equivalent student of $36.69 for students enrolled in grades K-4, $30.00 for students enrolled in grades 5-7, and $22.95 for students enrolled in grades 8-12. Allocations shall be made on the monthly apportionment schedule provided in RCW 28A.510.250.
(b) A district receiving learning improvement allocations shall:
(i) Develop and keep on file at each building a student learning improvement plan to achieve the student learning goals and essential academic learning requirements and to implement the assessment system as it is developed. The plan shall delineate how the learning improvement allocations will be used to accomplish the foregoing. The plan shall be made available to the public upon request;
(ii) Maintain a policy regarding the involvement of school staff, parents, and community members in instructional decisions;
(iii) File a report by October 1, 1998, and October 1, 1999, with the office of the superintendent of public instruction, in a format developed by the superintendent that: Enumerates the activities funded by these allocations; the amount expended for each activity; describes how the activity improved understanding, teaching, and assessment of the essential academic learning requirements by instructional staff; and identifies any amounts expended from this allocation for supplemental contracts; and
(iv) Provide parents and the local community with specific information on the use of this allocation by including in the annual performance report required in RCW 28A.320.205, information on how funds allocated under this subsection were spent and the results achieved.
(c) The superintendent of public instruction shall compile and analyze the school district reports and present the results to the office of financial management and the appropriate committees of the legislature no later than November 15, 1998, and November 15, 1999.
(2) (($55,937,000)) $55,533,000 is provided for local education program enhancements to meet educational needs as identified by the school district, including alternative education programs. This amount includes such amounts as are necessary for the remainder of the 1996-97 school year. Allocations for the 1997-98 and 1998-99 school years shall be at a maximum annual rate of $29.86 per full-time equivalent student as determined pursuant to subsection (3) of this section. Allocations shall be made on the monthly apportionment payment schedule provided in RCW 28A.510.250.
(3) Allocations provided under this section shall be based on school district annual average full-time equivalent enrollment in grades kindergarten through twelve: PROVIDED, That for school districts enrolling not more than one hundred average annual full-time equivalent students, and for small school plants within any school district designated as remote and necessary schools, the allocations shall be as follows:
(a) Enrollment of not more than 60 average annual full-time equivalent students in grades kindergarten through six shall generate funding based on sixty full-time equivalent students;
(b) Enrollment of not more than 20 average annual full-time equivalent students in grades seven and eight shall generate funding based on twenty full-time equivalent students; and
(c) Enrollment of not more than 60 average annual full-time equivalent students in grades nine through twelve shall generate funding based on sixty full-time equivalent students.
(4) Funding provided pursuant to this section does not fall within the definition of basic education for purposes of Article IX of the state Constitution and the state's funding duty thereunder.
(5) Receipt by a school district of one-fourth of the district's allocation of funds under this section, shall be conditioned on a finding by the superintendent that:
(a) The district is enrolled as a medicaid service provider and is actively pursuing federal matching funds for medical services provided through special education programs, pursuant to RCW 74.09.5241 through 74.09.5256 (Title XIX funding); and
(b) The district is filing truancy petitions as required under chapter 312, Laws of 1995 and RCW 28A.225.030.
PART VI
HIGHER EDUCATION
Sec. 601. 1997 c 454 s 601 (uncodified) is amended to read as follows:
The appropriations in sections 603 through 609 of this act are subject to the following conditions and limitations:
(1) "Institutions" means the institutions of higher education receiving appropriations under sections 603 through 609 of this act.
(2)(a) The salary increases provided or referenced in this subsection shall be the allowable salary increases provided at institutions of higher education, excluding increases associated with normally occurring promotions and increases related to faculty and professional staff retention, and excluding increases associated with employees under the jurisdiction of chapter 41.56 RCW pursuant to the provisions of RCW 28B.16.015.
(b) Each institution of higher education shall provide to each classified staff employee as defined by the office of financial management a salary increase of 3.0 percent on July 1, 1997. Each institution of higher education shall provide to instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants as classified by the office of financial management, and all other nonclassified staff, including those employees under RCW 28B.16.015, an average salary increase of 3.0 percent on July 1, 1997. For employees under the jurisdiction of chapter 41.56 RCW pursuant to the provisions of RCW 28B.16.015, distribution of the salary increases will be in accordance with the applicable collective bargaining agreement. However, an increase shall not be provided to any classified employee whose salary is above the approved salary range maximum for the class to which the employee's position is allocated. To collect consistent data for use by the legislature, the office of financial management, and other state agencies for policy and planning purposes, institutions of higher education shall report personnel data to be used in the department of personnel's human resource data warehouse in compliance with uniform reporting procedures established by the department of personnel.
(c) Each institution of higher education receiving appropriations under sections 604 through 609 of this act may provide to instructional and research faculty, exempt professional staff, academic administrators, academic librarians, counselors, teaching and research assistants, as classified by the office of financial management, and all other nonclassified staff, but not including employees under RCW 28B.16.015, an additional average salary increase of 1.0 percent on July 1, 1997, and an average salary increase of 2.0 percent on July 1, 1998. Any salary increases authorized under this subsection (2)(c) shall not be included in an institution's salary base. It is the intent of the legislature that general fund--state support for an institution shall not increase during the current or any future biennium as a result of any salary increases authorized under this subsection (2)(c).
(d) Specific salary increases authorized in sections 603 through 609 of this act are in addition to any salary increase provided in this subsection.
(3)(a) Each institution receiving appropriations under sections 604 through 609 of this act shall submit plans for achieving measurable and specific improvements in academic years 1997-98 and 1998-99 to the higher education coordinating board. The plans, to be prepared at the direction of the board, shall be submitted by August 15, 1997 (for academic year 1997-98) and June 30, 1998 (for academic year 1998-99). The following measures and goals will be used for the 1997-99 biennium:
Goal
(i) Undergraduate graduation efficiency index:
For students beginning as freshmen 95
For transfer students 90
(ii) Undergraduate student retention, defined as the percentage of all undergraduate students who return for the next year at the same
institution, measured from fall to fall:
Research universities 95%
Comprehensive universities and college 90%
(iii) Graduation rates, defined as the percentage of an entering
freshmen class at each institution that graduates within five years:
Research universities 65%
Comprehensive universities and college 55%
(iv) A measure of faculty productivity, with goals and targets in accord with the legislative intent to achieve measurable and specific improvements, to be determined by the higher education coordinating board, in consultation with the institutions receiving appropriations under sections 604 through 609 of this act.
(v) An additional measure and goal to be selected by the higher education coordinating board for each institution, in consultation with each institution.
(b) Academic year 1995-96 shall be the baseline year against which performance in academic year 1997-98 shall be measured. Academic year 1997-98 shall be the baseline year against which performance in academic year 1998-99 shall be measured. The difference between each institution's baseline year and the state-wide performance goals shall be calculated and shall be the performance gap for each institution for each measure for each year. The higher education coordinating board shall set performance targets for closing the performance gap for each measure for each institution. Performance targets shall be set at levels that reflect meaningful and substantial progress towards the state-wide performance goals. Each institution shall report to the higher education coordinating board on its actual performance achievement for each measure for academic year 1997-98 by ((June 30, 1998, except that performance reporting for the student retention measure shall be completed by October 15, 1998)) November 1, 1998.
(4) The state board for community and technical colleges shall develop an implementation plan for measurable and specific improvements in productivity, efficiency, and student retention in academic years 1997-98 and 1998-99 consistent with the performance management system developed by the work force training and education coordinating board and for the following long-term performance goals:
Goal
(a) Hourly wages for vocational graduates $12/hour
(b) Academic students transferring to Washington
higher education institutions 67%
(c) Core course completion rates 85%
(d) Graduation efficiency index 95
(5) The state's public institutions of higher education increasingly are being called upon to become more efficient in conducting the business operations necessary to support the carrying out of their academic missions. The legislature recognizes that state laws and regulations may have the unintended effect of acting as barriers to efficient operation in some instances, and desires to encourage the institutions of higher education to think beyond the constraints of current law in identifying opportunities for improved efficiency. Accordingly, the legislature requests that the institutions of higher education, working together through the council of presidents' office and the state board for community and technical colleges, identify opportunities for changes in state law that would form the basis for a new efficiency compact with the state, for consideration no later than the 1999 legislative session.
(6) Pursuant to RCW 43.135.055, institutions of higher education receiving appropriations under sections 603 through 609 of this act are authorized to increase summer term tuition in excess of the fiscal growth factor during the 1997-99 fiscal biennium. Tuition levels increased pursuant to this subsection shall not exceed the per credit hour rate calculated from the academic year tuition levels established by the legislature in RCW 28B.15.067.
Sec. 602. 1997 c 454 s 602 (uncodified) is amended to read as follows:
(((1))) The appropriations in sections 603 through 609 of this act provide state general fund support or employment and training trust account support for full-time equivalent student enrollments at each institution of higher education. Listed below are the annual full-time equivalent student enrollments by institution assumed in this act.
1997-98 1998-99
Annual Annual
Average Average
University of Washington
Main campus 31,297 31,527
Bothell branch 775 895
Tacoma branch 847 992
Washington State University
Main campus 17,403 ((17,723))
17,272
Spokane branch 352 442
Tri-Cities branch 754 ((814))
754
Vancouver branch 851 971
Central Washington University 7,346 7,446
Eastern Washington University 7,739 7,739
The Evergreen State Collegey 3,496 3,576
Western Washington University 10,188 10,338
State Board for Community and
Technical Colleges 116,426 118,526
Higher Education Coordinating
Board 50 50
Sec. 603. 1997 c 454 s 603 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((382,891,000))
380,445,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((420,961,000))
420,853,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 11,404,000
Employment and Training Trust Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((26,346,000))
29,114,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((841,602,000))
841,816,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,718,000 of the general fund--state appropriation for fiscal year 1998 and $4,079,000 of the general fund--state appropriation for fiscal year 1999 shall be held in reserve by the board. These funds are provided for improvements in productivity, efficiency, and student retention. The board may approve the fiscal year 1998 allocation of funds under this subsection upon completion of an implementation plan. The implementation plan shall be submitted by the board to the appropriate legislative committees and the office of financial management in accordance with section 601(4) of this act by September 1, 1997. The board may approve the fiscal year 1999 allocation of funds under this subsection based on the board's evaluation of:
(a) College performance compared to the goals for productivity, efficiency, and student retention as submitted in the plan required in section 601(4) of this act; and
(b) The quality and effectiveness of the strategies the colleges propose to achieve continued improvement in quality and efficiency during the 1998-99 academic year.
(2) (($2,553,000 of the general fund--state appropriation for fiscal year 1998, $28,761,000)) $28,546,000 of the general fund--state appropriation for fiscal year 1999((,)) and the entire employment and training trust account appropriation are provided solely as special funds for training and related support services, including financial aid, child care, and transportation, as specified in chapter 226, Laws of 1993 (employment and training for unemployed workers) and Substitute House Bill No. 2214.
(a) Funding is provided to support up to 7,200 full-time equivalent students in each fiscal year.
(b) The state board for community and technical colleges shall submit a plan for the allocation of the full-time equivalent students provided in this subsection to the workforce training and education coordinating board for review and approval.
(3) $1,441,000 of the general fund--state appropriation for fiscal year 1998 and $1,441,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for 500 FTE enrollment slots to implement RCW 28B.50.259 (timber-dependent communities).
(4) $1,862,500 of the general fund--state appropriation for fiscal year 1998 and $1,862,500 of the general fund--state appropriation for fiscal year 1999 are provided solely for assessment of student outcomes at community and technical colleges.
(5) $706,000 of the general fund--state appropriation for fiscal year 1998 and $706,000 of general fund--state appropriation for fiscal year 1999 are provided solely to recruit and retain minority students and faculty.
(6) Up to $1,035,000 of the general fund--state appropriation for fiscal year 1998 and up to $2,102,000 of the general fund--state appropriation for fiscal year 1999 may be used in combination with salary and benefit savings from faculty turnover to provide faculty salary increments and associated benefits. To the extent general salary increase funding is used to pay faculty increments, the general salary increase shall be reduced by the same amount.
(7) To address part-time faculty salary disparities and to increase the ratio of full-time to part-time faculty instructors, the board shall provide salary increases to part-time instructors or hire additional full-time instructional staff under the following conditions and limitations: (a) The amount used for such purposes shall not exceed an amount equivalent to an additional salary increase of 1.0 percent on July 1, 1997, and an additional salary increase of 2.0 percent on July 1, 1998, for instructional faculty as classified by the office of financial management; and (b) at least $2,934,000 shall be spent for the purposes of this subsection.
(8) $83,000 of the general fund--state appropriation for fiscal year 1998 and (($1,567,000)) $867,000 of the general fund--state appropriation for fiscal year 1999 are provided for personnel and expenses to develop curricula, library resources, and operations of Cascadia Community College. It is the legislature's intent to use the opportunity provided by the establishment of the new institution to conduct a pilot project of budgeting based on instructional standards and outcomes. The college shall use a portion of the available funds to develop a set of measurable standards and outcomes as the basis for budget development in the 1999-01 biennium.
(9) The technical colleges may increase tuition and fees to conform with the percentage increase in community college operating fees enacted by the 1997 legislature. The community colleges may charge up to the maximum level authorized for services and activities fees in RCW 28B.15.069.
(10) Community and technical colleges with below-average faculty salaries may use funds identified by the state board in the 1997-98 and 1998-99 operating allocations to increase faculty salaries no higher than the system-wide average.
(11) $1,000,000 of the general fund--state appropriation for fiscal year 1998 and $1,000,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for tuition support for students enrolled in work-based learning programs.
(12) $700,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for a technology equipment matching program for community and technical colleges. Each college district shall match its allocation of this appropriation with an equal amount of cash donations from private sources.
Sec. 604. 1997 c 454 s 604 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((283,923,000))
283,948,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((289,807,000))
293,542,000
Death Investigations Account Appropriation. . . .. . . . . . . . . . . . . . . . .$ ((1,810,000))
2,162,000
Industrial Insurance Premium Refund Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 514,000
Accident Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,969,000
Medical Aid Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,989,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((586,012,000))
590,124,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,019,000 of the general fund appropriation for fiscal year 1998 and $3,029,000 of the general fund appropriation for fiscal year 1999 shall be placed in reserve. The office of financial management shall approve the allotment of amounts under this subsection upon notification by the higher education coordinating board. These amounts are provided for the preparation of plans and for the achievement of measurable and specific improvements towards performance and accountability goals as outlined in section 601(3) of this act.
(2) $800,000 of the general fund appropriation for fiscal year 1998 and $1,896,000 of the general fund appropriation for fiscal year 1999 are provided solely to support additional upper-division and graduate level enrollments at the Tacoma branch campus above the 1996-97 budgeted FTE level.
(3) $593,000 of the general fund appropriation for fiscal year 1998 and $1,547,000 of the general fund appropriation for fiscal year 1999 are provided solely to support additional upper-division and graduate level enrollments at the Bothell branch campus above the 1996-97 budgeted FTE level.
(4) $186,000 of the general fund appropriation for fiscal year 1998 and $186,000 of the general fund appropriation for fiscal year 1999 are provided solely for assessment of student outcomes.
(5) $324,000 of the general fund appropriation for fiscal year 1998 and $324,000 of the general fund appropriation for fiscal year 1999 are provided solely to recruit and retain minority students and faculty.
(6) $130,000 of the general fund appropriation for fiscal year 1998 and $130,000 of the general fund appropriation for fiscal year 1999 are provided solely for the implementation of the Puget Sound work plan agency action item UW-01.
(7) $1,200,000 of the general fund appropriation for fiscal year 1998 and $1,200,000 of the general fund appropriation for fiscal year 1999 are provided solely for competitively offered faculty recruitment and retention salary adjustments. The university shall provide a report in their 1999-01 biennial operating budget request submittal on the effective expenditure of funds for the purposes of this subsection.
(8) $47,000 of the fiscal year 1998 general fund appropriation and $47,000 of the fiscal year 1999 general fund appropriation are provided solely to employ a fossil preparator/educator in the Burke Museum. The entire amounts provided in this subsection shall be provided directly to the Burke Museum.
(9) $75,000 of the general fund appropriation for fiscal year 1998 and $75,000 of the general fund appropriation for fiscal year 1999 are provided solely for enhancements to research capabilities at the Olympic natural resources center.
(10) $150,000 of the general fund appropriation for fiscal year 1999 is provided solely for remodeling and equipment necessary to accommodate enrollment growth at the Bothell branch campus.
(11) $560,000 of the general fund appropriation for fiscal year 1999 is provided solely for the disabilities, opportunities, internetworking, and technology program.
(12) $3,000,000 of the general fund appropriation for fiscal year 1999 is provided solely to establish a high speed internet-2 hub.
(13) $150,000 of the general fund appropriation for fiscal year 1999 is provided solely to support the physician's assistant program in Spokane.
(14) $352,000 of the death investigations account appropriation is provided solely for staff and equipment for the state toxicology laboratory to support implementation of quality control procedures and laboratory certification, and for enhanced screening of sexual assault victims, blood alcohol and volatile intoxicants analysis, and blood tests for marijuana in driving cases.
(15) $25,000 of the general fund--state appropriation for fiscal year 1998 and $25,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to the health policy analysis program of the University of Washington to organize a task force of the key parties, including consumer and family advocates, and facilitate a study of the design and implementation of managed care in the public mental health system. The health policy analysis program through the study shall make recommendations to the appropriate committees of the legislature by December 1, 1998, regarding actions necessary to: (i) Develop the managed public mental health care system based on established principles for effective managed mental health care and best business practices for efficiency; (ii) establish performance and outcome standards; (iii) provide for consumer protection, consumer rights, and consumer and family involvement; and (iv) meet the needs of vulnerable populations, including the requirement to promote early identification of and services to mentally ill children, and ensure system accountability as required by chapter 71.24 RCW.
Sec. 605. 1997 c 454 s 605 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((166,644,000))
169,894,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((172,819,000))
170,164,000
Air Pollution Control Account Appropriation. . . . . . . . . . . . . . . . . . . .$ 206,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((339,669,000))
340,264,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,204,000 of the general fund appropriation for fiscal year 1998 and $1,807,000 of the general fund appropriation for fiscal year 1999 shall be placed in reserve. The office of financial management shall approve the allotment of amounts under this subsection upon notification by the higher education coordinating board. These amounts are provided for the preparation of plans and for the achievement of measurable and specific improvements towards performance and accountability goals as outlined in section 601(3) of this act.
(2) $1,059,000 of the general fund appropriation for fiscal year 1999 is provided solely to support additional upper-division and graduate level enrollments at the Vancouver branch campus above the 1996-97 budgeted FTE level.
(3) $263,000 of the general fund appropriation for fiscal year 1998 and (($789,000)) $263,000 of the general fund appropriation for fiscal year 1999 are provided solely to support additional upper-division and graduate level enrollments at the Tri-Cities branch campus above the 1996-97 budgeted FTE level.
(4) $971,000 of the general fund appropriation for fiscal year 1999 is provided solely to support additional upper-division and graduate level enrollments at the Spokane branch campus above the 1996-97 budgeted FTE level.
(5) $186,000 of the general fund appropriation for fiscal year 1998 and $186,000 of the general fund appropriation for fiscal year 1999 are provided solely for assessment of student outcomes.
(6) $140,000 of the general fund appropriation for fiscal year 1998 and $140,000 of the general fund appropriation for fiscal year 1999 are provided solely to recruit and retain minority students and faculty.
(7) $157,000 of the general fund appropriation for fiscal year 1998 and $157,000 of the general fund appropriation for fiscal year 1999 are provided solely for the implementation of the Puget Sound work plan agency action item WSU-01.
(8) $600,000 of the general fund appropriation for fiscal year 1998 and $600,000 of the general fund appropriation for fiscal year 1999 are provided solely for competitively offered faculty recruitment and retention salary adjustments. The university shall provide a report in their 1999-01 biennial operating budget request submittal on the effective expenditure of funds for the purposes of this subsection.
(9) $50,000 of the general fund appropriation for fiscal year 1998 and $50,000 of the general fund appropriation for fiscal year 1999 are provided solely for yellow star thistle research.
(10) $55,000 of the general fund appropriation for fiscal year 1998 and $55,000 of the general fund appropriation for fiscal year 1999 are provided solely for the Goldendale distance learning center.
(11) $3,250,000 of the general fund--state appropriation for fiscal year 1998 is provided solely for legal costs and settlement payments associated with construction claims for the Vancouver branch campus and the veterinary teaching hospital capital projects.
(12) Pursuant to RCW 28B.15.910 and within current appropriation levels, the waiver limit for Washington State University is increased from 20 percent to 21 percent during the 1997-99 fiscal biennium. The increased waiver authority is provided solely for nonresident students participating in the western interstate commission for higher education undergraduate exchange program and attending the Washington State University in Spokane.
Sec. 606. 1997 c 454 s 606 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ 39,211,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ 39,489,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ 78,700,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $285,000 of the general fund appropriation for fiscal year 1998 and $428,000 of the general fund appropriation for fiscal year 1999 shall be placed in reserve. The office of financial management shall approve the allotment of amounts under this subsection upon notification by the higher education coordinating board. These amounts are provided for the preparation of plans and for the achievement of measurable and specific improvements towards performance and accountability goals as outlined in section 601(3) of this act.
(2) $186,000 of the general fund appropriation for fiscal year 1998 and $186,000 of the general fund appropriation for fiscal year 1999 are provided solely for assessment of student outcomes.
(3) $93,000 of the general fund appropriation for fiscal year 1998 and $93,000 of the general fund appropriation for fiscal year 1999 are provided solely to recruit and retain minority students and faculty.
(4) $53,000 of the general fund--state appropriation for fiscal year 1998 and $54,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for competitively offered faculty recruitment and retention salary adjustments. The university shall provide a report in their 1999-01 biennial operating budget request submittal on the effective expenditure of funds for the purposes of this subsection.
(5) $3,188,000 of the general fund appropriation for fiscal year 1998 and $3,188,000 of the general fund appropriation for fiscal year 1999 shall be placed in reserve pending attainment of budgeted enrollments of 6,942 FTEs. The office of financial management shall approve the allotment of funds under this subsection at the annual rate of $4,000 for annual student FTEs in excess of 6,942 based on tenth day quarterly enrollment and the office of financial management's quarterly budget driver report. In addition, allotments of reserve funds in this section shall be approved by the office of financial management upon approval by the higher education coordinating board for (a) actions that will result in additional enrollment growth, and (b) contractual obligations in fiscal year 1998 to the extent such funds are required.
(6) Pursuant to RCW 28B.15.910 and within current appropriation levels, the waiver limit for Eastern Washington University is increased from 11 percent to 14 percent during the 1997-99 fiscal biennium. The increased waiver authority is provided solely for nonresident students participating in the western interstate commission for higher education undergraduate exchange program and attending Eastern Washington University.
Sec. 607. 1997 c 454 s 607 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((37,214,000))
37,244,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((38,616,000))
38,676,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((75,830,000))
75,920,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $269,000 of the general fund appropriation for fiscal year 1998 and $403,000 of the general fund appropriation for fiscal year 1999 shall be placed in reserve. The office of financial management shall approve the allotment of amounts under this subsection upon notification by the higher education coordinating board. These amounts are provided for the preparation of plans and for the achievement of measurable and specific improvements towards performance and accountability goals as outlined in section 601(3) of this act.
(2) $186,000 of the general fund appropriation for fiscal year 1998 and $186,000 of the general fund appropriation for fiscal year 1999 are provided solely for assessment of student outcomes.
(3) $70,000 of the general fund appropriation for fiscal year 1998 and $70,000 of the general fund appropriation for fiscal year 1999 are provided solely to recruit and retain minority students and faculty.
(4) $51,000 of the general fund appropriation for fiscal year 1998 and $51,000 of the general fund appropriation for fiscal year 1999 are provided solely for competitively offered faculty recruitment and retention salary adjustments. The college shall provide a report in their 1999-01 biennial operating budget request submittal on the effective expenditure of funds for the purposes of this subsection.
Sec. 608. 1997 c 454 s 608 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((20,151,000))
20,401,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((20,518,000))
20,603,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((40,669,000))
41,004,000
The appropriations in this section is subject to the following conditions and limitations:
(1) $144,000 of the general fund appropriation for fiscal year 1998 and $217,000 of the general fund appropriation for fiscal year 1999 shall be placed in reserve. The office of financial management shall approve the allotment of amounts under this subsection upon notification by the higher education coordinating board. These amounts are provided for the preparation of plans and for the achievement of measurable and specific improvements towards performance and accountability goals as outlined in section 601(3) of this act.
(2) $186,000 of the general fund appropriation for fiscal year 1998 and $186,000 of the general fund appropriation for fiscal year 1999 are provided solely for assessment of student outcomes.
(3) $47,000 of the general fund appropriation for fiscal year 1998 and $47,000 of the general fund appropriation for fiscal year 1999 are provided solely to recruit and retain minority students and faculty.
(4) $29,000 of the general fund appropriation for fiscal year 1998 and $29,000 of the general fund appropriation for fiscal year 1999 are provided solely for competitively offered faculty recruitment and retention salary adjustments. The college shall provide a report in their 1999-01 biennial operating budget request submittal on the effective expenditure of funds for the purposes of this subsection.
(5) $35,000 of the general fund appropriation for fiscal year 1999 is provided solely to the Washington state institute for public policy for a study of college students' employment. The study shall include, but need not be limited to, matching student enrollment information with unemployment insurance information. The study shall be conducted in collaboration with the office of financial management, higher education coordinating board, state board for community and technical colleges and the employment security department. Results of the study are to be reported to the legislature by January 15, 1999.
(6) $250,000 of the general fund appropriation for fiscal year 1998 is provided solely for equipment and expenses necessary to accommodate enrollment growth.
(7) $50,000 of the general fund--state for fiscal year 1999 is provided solely to the Washington state institute for public policy for a study of the state's requirements to provide special education as a result of federal law and the Washington basic education act. A preliminary report will be provided the policy and fiscal committees of the legislature by October 15, 1998, and a final report will be provided by December 15, 1998.
Sec. 609. 1997 c 454 s 610 (uncodified) is amended to read as follows:
FOR THE HIGHER EDUCATION COORDINATING BOARD--POLICY COORDINATION AND ADMINISTRATION
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ 2,734,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((2,615,000))
3,510,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((693,000))
704,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((6,042,000))
6,948,000
The appropriations in this section are provided to carry out the accountability, performance measurement, policy coordination, planning, studies and administrative functions of the board and are subject to the following conditions and limitations:
(1) The board shall set performance targets, review, recommend changes if necessary, and approve plans defined in section 601(3)(a) of this act for achieving measurable and specific improvements in academic years 1997-98 and 1998-99. By October 1, 1997, the board shall notify the office of financial management to allot institutions' fiscal year 1998 performance funds held in reserve, based upon the adequacy of plans prepared by the institutions.
(2) The board shall develop criteria to assess institutions' performance and shall use those criteria in determining the allotment of performance and accountability funds. The board shall evaluate each institution's achievement of performance targets for the 1997-98 academic year and, by ((August 1)) November 15, 1998, the board shall notify the office of financial management to allot institutions' fiscal year 1999 performance funds held in reserve, based upon each institution's performance((, except for performance funds held for achievement of the student retention measure. For the student retention measure, the board shall notify the office of financial management by November 1, 1998, to allot institutions' fiscal year 1999 performance funds held in reserve, based upon each institution's performance)).
(3) By January, 1999, the board shall recommend to the office of financial management and appropriate legislative committees any recommended additions, deletions, or revisions to the performance and accountability measures in sections 601(3) of this act as part of the next master plan for higher education. The recommendations shall be developed in consultation with the institutions of higher education and may include additional performance indicators to measure successful student learning and other student outcomes for possible inclusion in the 1999-01 operating budget. The recommendations shall include measures of performance demonstrating specific and measurable improvements related to distance education and education provided primarily through technology, to be determined by the board, in consultation with the institutions of higher education.
(4) $280,000 of the general fund--state appropriation for fiscal year 1998 and $280,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for enrollment to implement RCW 28B.80.570 through 28B.80.585 (rural natural resources impact areas). The number of students served shall be 50 full-time equivalent students per fiscal year. The board shall ensure that enrollments reported under this subsection meet the criteria outlined in RCW 28B.80.570 through 28B.80.585.
(5) $70,000 of the general fund--state appropriation for fiscal year 1998 and $70,000 of the general fund--state appropriation for fiscal year 1999 are provided to develop a competency based admissions system for higher education institutions. The board shall complete the competency based admissions system and issue a report outlining the competency based admissions system by January 1999.
(6) $500,000 of the general fund--state appropriation for fiscal year 1998 and $500,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for activities related to higher education facilities planning, project monitoring, and access issues related to capital facilities. Of this amount, $50,000 is provided for a study of higher education needs of Okanogan county and surrounding communities with consideration given to alternative approaches to educational service delivery, facility expansion, relocation or partnership, and long-term growth and future educational demands of the region.
(7) $150,000 of the general fund--state appropriation for fiscal year 1998 is provided solely as one-time funding for computer upgrades.
(8) $85,000 of the general fund--state appropriation for fiscal year 1999 is provided solely for implementation of Substitute Senate Bill No. 6655 (changing the Spokane intercollegiate research and technology institute) or Substitute Senate Bill No. 6717 (providing for the transfer of the Spokane riverpoint campus to Washington State University and eliminating the joint center for higher education), or both. If neither bill is enacted by June 30, 1998, the amount provided in this subsection shall lapse.
(9) $810,000 of the general fund--state appropriation for fiscal year 1999 is provided solely to complete the cooperative library project for the four year public higher education institutions. Moneys shall be transferred to the University of Washington for one-time equipment acquisition, ongoing support of the system, and acquisition of shared electronic journals for use by all the member institutions.
Sec. 610. 1997 c 454 s 611 (uncodified) is amended to read as follows:
FOR THE HIGHER EDUCATION COORDINATING BOARD--FINANCIAL AID AND GRANT PROGRAMS
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((89,369,000))
89,781,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((96,209,000))
97,232,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((8,255,000))
8,278,000
Advanced College Tuition Payment Program
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,198,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((193,833,000))
196,489,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $527,000 of the general fund--state appropriation for fiscal year 1998 and $526,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the displaced homemakers program.
(2) $216,000 of the general fund--state appropriation for fiscal year 1998 and $220,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the western interstate commission for higher education.
(3) $118,000 of the general fund--state appropriation for fiscal year 1998 and $118,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the health personnel resources plan.
(4) $1,000,000 of the general fund--state appropriation for fiscal year 1998 and $1,000,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the scholarships and loans program under chapter 28B.115 RCW, the health professional conditional scholarship program. This amount shall be deposited to the health professional loan repayment and scholarship trust fund to carry out the purposes of the program.
(5) $86,783,000 of the general fund--state appropriation for fiscal year 1998 and $93,728,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for student financial aid, including all administrative costs. The amounts in (a), (b), and (c) of this subsection are sufficient to implement Second Substitute House Bill No. 1851 (higher education financial aid). Of these amounts:
(a) $67,266,000 of the general fund--state appropriation for fiscal year 1998 and $73,968,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the state need grant program. (((ii))) After April 1 of each fiscal year, up to one percent of the annual appropriation for the state need grant program may be transferred to the state work study program.
(b) $15,350,000 of the general fund--state appropriation for fiscal year 1998 and $15,350,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the state work study program. After April 1 of each fiscal year, up to one percent of the annual appropriation for the state work study program may be transferred to the state need grant program;
(c) $2,420,000 of the general fund--state appropriation for fiscal year 1998 and $2,420,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for educational opportunity grants. For the purpose of establishing eligibility for the equal opportunity grant program for placebound students under RCW 28B.101.020, Thurston county lies within the branch campus service area of the Tacoma branch campus of the University of Washington;
(d) A maximum of 2.1 percent of the general fund--state appropriation for fiscal year 1998 and 2.1 percent of the general fund--state appropriation for fiscal year 1999 may be expended for financial aid administration, excluding the four percent state work study program administrative allowance provision;
(e) $230,000 of the general fund--state appropriation for fiscal year 1998 and $201,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the educator's excellence awards. Any educator's excellence moneys not awarded by April 1st of each year may be transferred by the board to either the Washington scholars program or, in consultation with the workforce training and education coordinating board, to the Washington award for vocational excellence;
(f) $1,011,000 of the general fund--state appropriation for fiscal year 1998 and $1,265,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to implement the Washington scholars program. Any Washington scholars program moneys not awarded by April 1st of each year may be transferred by the board to either the educator's excellence awards or, in consultation with the workforce training and education coordinating board, to the Washington award for vocational excellence;
(g) $456,000 of the general fund--state appropriation for fiscal year 1998 and $474,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to implement Washington award for vocational excellence program. Any Washington award for vocational program moneys not awarded by April 1st of each year may be transferred by the board to either the educator's excellence awards or the Washington scholars program;
(h) $51,000 of the general fund--state appropriation for fiscal year 1998 and $51,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for community scholarship matching grants of $2,000 each. To be eligible for the matching grant, a nonprofit community organization organized under section 501(c)(3) of the internal revenue code must demonstrate that it has raised $2,000 in new moneys for college scholarships after the effective date of this act. No organization may receive more than one $2,000 matching grant; and
(6) (($175,000 of the general fund--state appropriation for fiscal year 1998 and $175,000 of the general fund--state appropriation for fiscal year 1999 are provided solely to implement Engrossed Second Substitute House Bill No. 1372 or Second Substitute Senate Bill No. 5106 (Washington advanced college tuition payment program). If neither Engrossed Second Substitute House Bill No. 1372 nor Second Substitute Senate Bill No. 5106 is enacted by June 30, 1997, the amounts provided in this subsection shall lapse.)) $587,000 of the general fund--state appropriation for fiscal year 1998 and $1,198,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for working capital for the advanced tuition payment program. The amounts provided in this subsection may be expended only to the extent that revenues from application fees and interest earnings deposited in the Washington advanced college tuition payment program account are insufficient to support program operation. Prior to the end of fiscal year 1999 there shall be a transfer of expenditures between general fund--state and the Washington advanced college tuition payment program account to the extent that program application fees and interest earnings are available to minimize the expenditure from the general fund.
(7) $187,000 of the general fund--state appropriation for fiscal year 1998 and $188,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for a demonstration project in the 1997-99 biennium to provide undergraduate fellowships based upon the graduate fellowship program.
(8) Funding is provided in this section for the development of three models for tuition charges for distance learning programs. Institutions involved in distance education or extended learning shall provide information to the board on the usage, cost, and revenue generated by such programs.
Sec. 611. 1997 c 149 s 614 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((7,483,000))
7,533,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((7,281,000))
7,631,000
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,847,000))
6,817,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((19,611,000))
21,981,000
The appropriations in this section are subject to the following conditions and limitations:
(1) At least $2,524,000 shall be expended for a contract with the Seattle public library for library services for the Washington book and braille library.
(2) $198,000 of the general fund--state appropriation for fiscal year 1998 ((is)) and $200,000 of the general fund--state appropriation for fiscal year 1999 are provided solely for the state library to continue the government information locator service in accordance with chapter 171, Laws of 1996. The state library, in consultation with interested parties, shall prepare an evaluation of the government information locator service by October 1, 1997. The evaluation shall include a cost-benefit analysis, a determination of fiscal impacts to the state, and programmatic information. The evaluation report shall be provided to the appropriate legislative fiscal committees.
Sec. 612. 1997 c 149 s 616 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((2,502,000))
2,658,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((2,531,000))
2,745,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((5,033,000))
5,403,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $216,200 of the general fund appropriation for fiscal year 1998 and $216,200 of the general fund appropriation for fiscal year 1999 are provided solely for exhibit and educational programming.
(2) $156,000 of the general fund appropriation for fiscal year 1998 and $164,000 of the general fund appropriation for fiscal year 1999 are provided solely for temporary relocation of research center operations.
(3) $50,000 of the general fund appropriation for fiscal year 1999 is provided solely for activities related to the Lewis and Clark Bicentennial.
Sec. 613. 1997 c 149 s 618 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . . .$ ((3,714,000))
3,723,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ ((3,738,000))
3,747,000
General Fund--Private/Local Appropriation. . . . .. . . . . . . . . . . . . . . . .$ ((192,000))
418,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((7,644,000))
7,888,000
Sec. 614. 1997 c 149 s 619 (uncodified) is amended to read as follows:
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((6,458,000))
6,467,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((6,459,000))
6,468,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((12,917,000))
12,935,000
PART VII
SPECIAL APPROPRIATIONS
Sec. 701. 1997 c 149 s 701 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL FUND BOND DEBT
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((447,283,000))
448,355,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((485,077,000))
484,005,000
General Fund Bonds Subject to the Limit Bond
Retirement Account Appropriation. . . . . . . .. . . . . . . . . . . . . . . . .$ 932,360,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ $1,864,720,000
The appropriations in this section are subject to the following conditions and limitations: The general fund appropriation is for deposit into the general fund bonds subject to the limit bond retirement account.
Sec. 702. 1997 c 149 s 703 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR GENERAL OBLIGATION DEBT TO BE REIMBURSED AS PRESCRIBED BY STATUTE
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ ((23,096,000))
23,186,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ ((25,603,000))
25,642,000
General Fund Bonds Excluded from the Limit
Bond Retirement Account Appropriation. . .. . . . . . . . . . . . . . . . .$ ((48,699,000))
48,828,000
Reimbursable Bonds Excluded from the Limit Bond
Retirement Account Appropriation. . . . . . . .. . . . . . . . . . . . . . . . .$ 104,933,000
Reimbursable Bonds Subject to the Limit Bond
Retirement Account Appropriation. . . . . . . .. . . . . . . . . . . . . . . . .$ ((402,000))
2,264,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((202,733,000))
204,853,000
The appropriations in this section are subject to the following conditions and limitations: The general fund appropriation is for deposit into the general fund bonds excluded from the limit bond retirement account.
Sec. 703. 1997 c 149 s 705 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ 475,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ 475,000
Higher Education Construction Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((215,000))
440,000
State Building Construction Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((6,374,000))
7,683,000
Public Safety Reimbursable Bond Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((8,000))
23,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((7,547,000))
9,096,000
Total Bond Retirement and Interest Appropriations
contained in sections 701 through 705 of this
act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,121,748,000))
2,125,417,000
NEW SECTION. Sec. 704. A new section is added to 1997 c 149 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--FOR PAYMENT OF TORT CLAIM
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ 6,733,000
Sec. 705. 1997 c 149 s 710 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--YEAR 2000 ALLOCATIONS
((General Fund--State Appropriation (FY 1998). . . . . . . . . . . . . . . . . .$ 3,380,000
General Fund--State Appropriation (FY 1999). . . . . . . . . . . . . . . . . . .$ 1,960,000))
General Fund--Federal Appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,883,000
Liquor Revolving Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ 131,000
Health Care Authority Administrative Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 631,000
Accident Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,102,000
Medical Aid Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,102,000
Unemployment Compensation Administration Account--
Federal Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,313,000
((Administrative Contingency Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 948,000))
Employment Services Administrative Account
Appropriation. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((500,000))
461,000
Forest Development Account Appropriation. . . . . . . . . . . . . . . . . . . . .$ 156,000
Off Road Vehicle Account Appropriation. . . . . . . . . . . . . . . . . . . . . . .$ 7,000
Surveys and Maps Account Appropriation. . . . . .. . . . . . . . . . . . . . . . .$ 1,000
Aquatic Lands Enhancement Account Appropriation 8,000
Resource Management Cost Account Appropriation. . . . . . .. . . . . . . .$ 348,000
TOTAL APPROPRIATION. .. . . . . . . . . . . . . . . . .$ ((14,470,000))
8,143,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations will be allocated by the office of financial management to agencies to complete Year 2000 date conversion maintenance on their computer systems. Agencies shall submit their estimated costs of conversion to the office of financial management by July 1, 1997.
(2) Up to $10,000,000 of the cash balance of the data processing revolving account may be expended on agency Year 2000 date conversion costs. The $10,000,000 will be taken from the cash balances of the data processing revolving account's two major users, as follows: $7,000,000 from the department of information services and $3,000,000 from the office of financial management. The office of financial management in consultation with the department of information services shall allocate these funds as needed to complete the date conversion projects.
(3) Agencies receiving these allocations shall report at a minimum to the information services board and to the governor every six months on the progress of Year 2000 maintenance efforts.
NEW SECTION. Sec. 706. A new section is added to 1997 c 149 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--YEAR 2000 CONVERSION
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ 233,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ 33,000
Hospital Commission Account Appropriation . . . . . . . . . . . . . . . . .$ 115,000
Architects' License Account Appropriation. . . . . . . . . . . . . . . . . . . . . .$ 3,000
Professional Engineers' Account Appropriation . . . . . . . . . . . . . . . . .$ 9,000
Real Estate Commission Account Appropriation . . . . . . . . . . . . . . . . .$ 24,000
Health Professions Account Appropriation. . . . . . . . . . . . . . . . . . . . . .$ 275,000
Master License Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . .$ 70,000
Safe Drinking Water Account Appropriation . . . . . . . . . . . . . . . . .$ 50,000
Uniform Commercial Code Account Appropriation. . . . . . . . . . . . . . .$ 11,000
Unemployment Compensation Administration Account--
Federal Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,245,000
Department of Retirement Systems Expense Account
Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 890,000
Health Services Account Appropriation. . . . . . . .. . . . . . . . . . . . . . . . .$ 254,000
TOTAL APPROPRIATION . . . . . . . . . . . . . . . . .$ 5,212,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations will be allocated by the office of financial management to agencies to perform Year 2000 date conversion maintenance on their computer systems and are provided solely for these purposes.
(2) Agencies receiving these allocations shall report at a minimum to the information services board and to the governor every six months on the progress of Year 2000 maintenance efforts.
NEW SECTION. Sec. 707. A new section is added to 1997 c 149 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--YEAR 2000 CONTINGENCY POOL
General Fund Appropriation (FY 1998). . . . . . . .. . . . . . . . . . . . . . . . .$ 800,000
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ 4,200,000
Year 2000 Contingency Revolving Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . . . . . .$ 10,000,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations will be allocated by the office of financial management, in consultation with the department of information systems, to agencies to perform Year 2000 maintenance on their computer systems and are provided solely for these purposes.
(2) To facilitate the transfer of moneys from dedicated funds and accounts, the state treasurer is directed to transfer sufficient moneys from each dedicated fund or account to the Year 2000 contingency revolving account, hereby created in the state treasury, in accordance with schedules provided by the office of financial management for additional Year 2000 maintenance on their computer systems.
(3) All agencies that receive these allocations will report upon request throughout the biennium to the information services board and to the governor on the progress of Year 2000 maintenance efforts.
Sec. 708. 1997 c 149 s 712 (uncodified) is amended to read as follows:
General Fund--State Appropriation (FY 1998) . . . . . . . . . . . . . . . . .$ 823,000
General Fund--State Appropriation (FY 1999) . . . . . . . . . . . . . . . . .$ ((6,257,000))
10,185,000
General Fund--Federal Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,431,000))
3,153,000
General Fund--Private/Local Appropriation . . . . . . . . . . . . . . . . .$ ((146,000))
190,000
Salary and Insurance Increase Revolving Account
Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((5,465,000))
7,084,000
TOTAL APPROPRIATION . . . . . . . . . . . . . . . . .$ ((15,122,000))
21,435,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) The monthly ((contribution)) employer funding rate for insurance benefit premiums shall not exceed $312.35 per eligible employee for fiscal year 1998, and (($331.31)) $338.21 for fiscal year 1999.
(b) The monthly ((contribution)) employer funding rate for the operating costs of the health care authority shall not exceed $4.99 per eligible employee for fiscal year 1998, and (($4.44)) $4.67 for fiscal year 1999.
(c) The fiscal year 1999 monthly employer funding rate for insurance benefit premiums includes $1.12 per eligible employee to increase life insurance coverage, contingent on court approval by August 1, 1998, of the stipulated settlement in Burbage et al. v. State of Washington (Thurston county superior court cause no. 94-2-02560-8).
(d) The fiscal year 1999 monthly employer funding rate for insurance benefit premiums includes $5.78 per eligible employee to begin repaying the public employees' and retirees' insurance account for any claims paid as a result of a court-approved stipulated settlement in Retired State Employees et al. v. State of Washington (Thurston county superior court cause no. 92-2-01294-1).
(e) Surplus moneys accruing to the public employees' and retirees' insurance account due to lower-than-projected insurance costs may not be reallocated by the health care authority to increase the actuarial value of public employee insurance plans. Such funds shall be held in reserve in the public employees' and retirees' insurance account and may not be expended without prior legislative authorization.
(((d))) (f) In order to achieve the level of funding provided for health benefits, the public employees' benefits board may require employee premium co-payments, increase point-of-service cost sharing, and/or implement managed competition.
(2) To facilitate the transfer of moneys from dedicated funds and accounts, the state treasurer is directed to transfer sufficient moneys from each dedicated fund or account to the special fund salary and insurance contribution increase revolving fund in accordance with schedules provided by the office of financial management.
(3) The health care authority, subject to the approval of the public employees' benefits board, shall provide subsidies for health benefit premiums to eligible retired or disabled public employees and school district employees who are eligible for parts A and B of medicare, pursuant to RCW 41.05.085. From January 1, 1998, through December 31, 1998, the subsidy shall be $41.26 per month. Starting January 1, 1999, the subsidy shall be $43.16 per month.
(4) Technical colleges, school districts, and educational service districts shall remit to the health care authority for deposit in the public employees' and retirees' insurance account established in RCW 41.05.120:
(a) For each full-time employee, $14.80 per month beginning September 1, 1997;
(b) For each part-time employee who, at the time of the remittance, is employed in an eligible position as defined in RCW 41.32.010 or 41.40.010 and is eligible for employer fringe benefit contributions for basic benefits, $14.80 each month beginning September 1, 1997, prorated by the proportion of employer fringe benefit contributions for a full-time employee that the part-time employee receives.
The remittance requirements specified in this subsection shall not apply to employees of a technical college, school district, or educational service district who purchase insurance benefits through contracts with the health care authority.
(5) The salary and insurance increase revolving account appropriation includes amounts sufficient to fund health benefits for ferry workers at the premium levels specified in subsection (1) of this section, consistent with the 1997-99 transportation appropriations act.
NEW SECTION. Sec. 709. A new section is added to 1997 c 149 (uncodified) to read as follows:
FOR THE STATE TREASURER--FOR THE PUBLIC EMPLOYEES' AND RETIREES' INSURANCE ACCOUNT
Pension Funding Account Appropriation . . . . . . . . . . . . . . . . .$ 25,000,000
The appropriation in this section is provided solely to pay claims resulting from a court-approved stipulated agreement in Retired State Employees et al. v. State of Washington (Thurston county superior court cause no. 92-2-01294-1).
Sec. 710. 1997 c 454 s 704 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT--COMPENSATION ACTIONS OF PERSONNEL RESOURCES BOARD
General Fund--State Appropriation (FY 1998) . . . . . . . . . . . . . . . . .$ 5,289,000
General Fund--State Appropriation (FY 1999) . . . . . . . . . . . . . . . . .$ 10,642,000
General Fund--Federal Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,777,000
Salary and Insurance Increase Revolving
Account Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((8,862,000))
6,085,000
TOTAL APPROPRIATION . . . . . . . . . . . . . . . . .$ 24,793,000
The appropriations in this section shall be expended solely for the purposes designated in this section and are subject to the conditions and limitations in this section.
(1) Funding is provided to fully implement the recommendations of the Washington personnel resources board consistent with the provisions of chapter 319, Laws of 1996.
(2) Implementation of the salary adjustments for the various clerical classes, physicians, dental classifications, pharmacists, maintenance custodians, medical records technicians, fish/wildlife biologists, fish/wildlife enforcement, habitat technicians, and fiscal technician classifications will be effective July 1, 1997. Implementation of the salary adjustments for safety classifications, park rangers, park aides, correctional officers/sergeants, community corrections specialists, tax information specialists, industrial relations specialists, electrical classifications at the department of labor and industries, fingerprint technicians, some labor relations classifications, health benefits specialists, foresters/land managers, and liquor enforcement officers will be effective July 1, 1998.
NEW SECTION. Sec. 711. A new section is added to 1997 c 149 (uncodified) to read as follows:
FOR SUNDRY CLAIMS. The following sums, or so much thereof as may be necessary, are appropriated from the general fund, unless otherwise indicated, for relief of various individuals, firms, and corporations for sundry claims. These appropriations are to be disbursed on vouchers approved by the director of general administration, except as otherwise provided, as follows:
(1) Reimbursement of criminal defendants acquitted on the basis of self-defense, pursuant to RCW 9A.16.110:
(a) Steven M. Lauritz, claim number SCJ 97-11 . . . . . . . .$ 2,534
(b) George Greenland, claim number SCJ 97-13 . . . . . . . .$ 16,235
(c) Edwin H. Evans, claim number SCJ 97-14 . . . . . . . .$ 3,997
(d) Bryan E. Vance, claim number SCJ 97-16 . . . . . . . .$ 14,866
(e) Jesse L. Smith, claim number SCJ 97-17 . . . . . . . .$ 23,027
(f) Thomas N. Klein, claim number SCJ 97-18 . . . . . . . .$ 14,338
(g) John F. Richards, claim number SCJ 97-19 . . . . . . . .$ 7,335
(h) Anthony C. Otto, claim number SCJ 97-09 . . . . . . . .$ 16,962
(i) Eric C. Swanson, claim number SCJ 97-21 . . . . . . . .$ 86,152
(j) Mark J. Campbell, claim number SCJ 98-01 . . . . . . . .$ 7,218
(2) Payment from the state wildlife account for damage to crops by wildlife, pursuant to RCW 77.36.040:
(a) D.F. Spurgeon, claim number SCG 97-03 . . . . . . . .$ 980
(b) Kenneth Kunes, claim number SCG 97-06 . . . . . . . .$ 2,288
NEW SECTION. Sec. 712. A new section is added to 1997 c 149 (uncodified) to read as follows:
FOR THE STATE TREASURER--FOR THE COUNTY CRIMINAL JUSTICE ASSISTANCE ACCOUNT
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ 1,240,000
The appropriation in this section is subject to the following conditions and limitations: The amount appropriated in this section shall be distributed in accordance with RCW 82.14.310. This funding is provided to counties for the costs of implementing criminal justice legislation including, but not limited to, Second Substitute House Bill No. 3070 (DUI penalties), Second Substitute House Bill No. 3089 (deferred prosecution), and Second Substitute House Bill No. 2962 (criminal mistreatment).
NEW SECTION. Sec. 713. A new section is added to 1997 c 149 (uncodified) to read as follows:
FOR THE STATE TREASURER--FOR THE MUNICIPAL CRIMINAL JUSTICE ASSISTANCE ACCOUNT
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ 760,000
The appropriation in this section is subject to the following conditions and limitations: The amount appropriated in this section shall be distributed in accordance with RCW 82.14.320. This funding is provided to cities for the costs of implementing criminal justice legislation including, but not limited to, Second Substitute House Bill No. 3070 (DUI penalties), Second Substitute House Bill No. 3089 (deferred prosecution), and Second Substitute House Bill No. 2962 (criminal mistreatment).
NEW SECTION. Sec. 714. A new section is added to 1997 c 149 (uncodified) to read as follows:
General Fund Appropriation (FY 1999). . . . . . . .. . . . . . . . . . . . . . . . .$ 3,000,000
PART VIII
OTHER TRANSFERS AND APPROPRIATIONS
Sec. 801. 1997 c 454 s 801 (uncodified) is amended to read as follows:
General Fund Appropriation for fire insurance
premiums distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,617,250
General Fund Appropriation for public utility
district excise tax distribution . . . . . . . . . . . . . . . . . . . . . . . . . .$ 35,183,803
General Fund Appropriation for prosecuting attorneys
salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,960,000
General Fund Appropriation for motor vehicle excise
tax distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 84,721,573
General Fund Appropriation for local mass transit
assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 383,208,166
General Fund Appropriation for camper and travel
trailer excise tax distribution. . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,904,937
General Fund Appropriation for boating
safety/education and law enforcement
distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,616,000
Aquatic Lands Enhancement Account Appropriation
for harbor improvement revenue distribution . . . . . . . .$ 142,000
Liquor Excise Tax Account Appropriation for liquor
excise tax distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 22,287,746
Liquor Revolving Fund Appropriation for liquor
profits distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 36,989,000
Timber Tax Distribution Account Appropriation
for distribution to "Timber" counties . . . . . . . .$ 107,146,000
Municipal Sales and Use Tax Equalization Account
Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 66,860,014
County Sales and Use Tax Equalization Account
Appropriation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 11,843,224
Death Investigations Account Appropriation for
distribution to counties for publicly funded
autopsies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,266,000
County Criminal Justice Account Appropriation . . . . . . . . . . . . . . . . .$ ((80,634,471))
81,874,471
Municipal Criminal Justice Account
Appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((32,042,450))
32,802,450
County Public Health Account Appropriation . . . . . . . . . . . . . . . . .$ 43,773,588
TOTAL APPROPRIATION . . . . . . . . . . . . . . . . .$ 923,196,222
The total expenditures from the state treasury under the appropriations in this section shall not exceed the funds available under statutory distributions for the stated purposes.
Sec. 802. 1997 c 454 s 802 (uncodified) is amended to read as follows:
General Fund: For transfer to the Water Quality
Account. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((26,607,000))
28,595,900
General Fund: For transfer to the Flood Control
Assistance Account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,000,000
State Convention and Trade Center Account: For
transfer to the State Convention and Trade
Center Operations Account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,877,000
Water Quality Account: For transfer to the Water
Pollution Control Account. Transfers shall be
made at intervals coinciding with deposits of
federal capitalization grant money into the
account. The amounts transferred shall not
exceed the match required for each federal
deposit. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 21,688,000
State Treasurer's Service Account: For transfer to
the general fund on or before June 30, 1999 an
amount up to $3,600,000 in excess of the cash
requirements of the State Treasurer's Service
Accoun. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,600,000
Public Works Assistance Account: For transfer to
the Drinking Water Assistance Account . . . . . . . . . . . . . . . . .$ 9,949,000
County Sales and Use Tax Equalization Account:
For transfer to the County Public Health
Account. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,686,000))
1,767,000
PART IX
MISCELLANEOUS
Sec. 901. RCW 50.24.014 and 1994 c 187 s 3 are each amended to read as follows:
(1)(a) A separate and identifiable account to provide for the financing of special programs to assist the unemployed is established in the administrative contingency fund. Contributions to this account shall accrue and become payable by each employer, except employers as described in RCW 50.44.010 and 50.44.030 who have properly elected to make payments in lieu of contributions, taxable local government employers as described in RCW 50.44.035, and those employers who are required to make payments in lieu of contributions, at a basic rate of two one-hundredths of one percent. The amount of wages subject to tax shall be determined under RCW 50.24.010.
(b) For the first calendar quarter of 1994 only, the basic two one-hundredths of one percent contribution payable under (a) of this subsection shall be increased by one-hundredth of one percent to a total rate of three one-hundredths of one percent. The proceeds of this incremental one-hundredth of one percent shall be used solely for the purposes described in section 22, chapter 483, Laws of 1993, and for the purposes described in RCW 50.40.060. During the 1997-1999 fiscal biennium, any surplus from contributions payable under this subsection (b) ((will)) may be deposited in the unemployment compensation trust fund, used to support tax and wage automated systems projects that simplify and streamline employer reporting, or both.
(2)(a) Contributions under this section shall become due and be paid by each employer under rules as the commissioner may prescribe, and shall not be deducted, in whole or in part, from the remuneration of individuals in the employ of the employer. Any deduction in violation of this section is unlawful.
(b) In the payment of any contributions under this section, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent.
(3) If the commissioner determines that federal funding has been increased to provide financing for the services specified in chapter 50.62 RCW, the commissioner shall direct that collection of contributions under this section be terminated on the following January 1st.
Sec. 902. 1997 c 149 s 905 (uncodified) is amended to read as follows:
STATUTORY APPROPRIATIONS. In addition to the amounts appropriated in this act for revenues for distribution, state contributions to the law enforcement officers' and fire fighters' retirement system, and bond retirement and interest including ongoing bond registration and transfer charges, transfers, interest on registered warrants, and certificates of indebtedness, there is also appropriated such further amounts as may be required or available for these purposes under any statutory formula or under chapters 39.94 and 39.96 RCW or any proper bond covenant made under law.
Sec. 903. RCW 70.105D.070 and 1997 c 406 s 5 are each amended to read as follows:
(1) The state toxics control account and the local toxics control account are hereby created in the state treasury.
(2) The following moneys shall be deposited into the state toxics control account: (a) Those revenues which are raised by the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-three one-hundredths of one percent; (b) the costs of remedial actions recovered under this chapter or chapter 70.105A RCW; (c) penalties collected or recovered under this chapter; and (d) any other money appropriated or transferred to the account by the legislature. Moneys in the account may be used only to carry out the purposes of this chapter, including but not limited to the following activities:
(i) The state's responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.105 RCW;
(ii) The state's responsibility for solid waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.95 RCW;
(iii) The hazardous waste cleanup program required under this chapter;
(iv) State matching funds required under the federal cleanup law;
(v) Financial assistance for local programs in accordance with chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
(vi) State government programs for the safe reduction, recycling, or disposal of hazardous wastes from households, small businesses, and agriculture;
(vii) Hazardous materials emergency response training;
(viii) Water and environmental health protection and monitoring programs;
(ix) Programs authorized under chapter 70.146 RCW;
(x) A public participation program, including regional citizen advisory committees;
(xi) Public funding to assist potentially liable persons to pay for the costs of remedial action in compliance with cleanup standards under RCW 70.105D.030(2)(e) but only when the amount and terms of such funding are established under a settlement agreement under RCW 70.105D.040(4) and when the director has found that the funding will achieve both (A) a substantially more expeditious or enhanced cleanup than would otherwise occur, and (B) the prevention or mitigation of unfair economic hardship; and
(xii) Development and demonstration of alternative management technologies designed to carry out the top two hazardous waste management priorities of RCW 70.105.150.
(3) The following moneys shall be deposited into the local toxics control account: Those revenues which are raised by the tax imposed under RCW 82.21.030 and which are attributable to that portion of the rate equal to thirty-seven one-hundredths of one percent.
(a) Moneys deposited in the local toxics control account shall be used by the department for grants or loans to local governments for the following purposes in descending order of priority: (i) Remedial actions; (ii) hazardous waste plans and programs under chapter 70.105 RCW; and (iii) solid waste plans and programs under chapters 70.95, 70.95C, 70.95I, and 70.105 RCW. Funds for plans and programs shall be allocated consistent with the priorities and matching requirements established in chapters 70.105, 70.95C, 70.95I, and 70.95 RCW. During the 1997-1999 fiscal biennium, moneys in the account may also be used for the following activities: Conducting a study of whether dioxins occur in fertilizers, soil amendments, and soils; reviewing applications for registration of fertilizers; and conducting a study of plant uptake of metals.
(b) Funds may also be appropriated to the department of health to implement programs to reduce testing requirements under the federal safe drinking water act for public water systems. The department of health shall reimburse the account from fees assessed under RCW 70.119A.115 by June 30, 1995.
(4) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the state and local toxics control accounts may be spent only after appropriation by statute.
(5) One percent of the moneys deposited into the state and local toxics control accounts shall be allocated only for public participation grants to persons who may be adversely affected by a release or threatened release of a hazardous substance and to not-for-profit public interest organizations. The primary purpose of these grants is to facilitate the participation by persons and organizations in the investigation and remedying of releases or threatened releases of hazardous substances and to implement the state's solid and hazardous waste management priorities. No grant may exceed sixty thousand dollars. Grants may be renewed annually. Moneys appropriated for public participation from either account which are not expended at the close of any biennium shall revert to the state toxics control account.
(6) No moneys deposited into either the state or local toxics control account may be used for solid waste incinerator feasibility studies, construction, maintenance, or operation.
(7) The department shall adopt rules for grant or loan issuance and performance.
Sec. 904. RCW 69.50.520 and 1997 c 451 s 2 and 1997 c 338 s 69 are each reenacted and amended to read as follows:
The violence reduction and drug enforcement account is created in the state treasury. All designated receipts from RCW 9.41.110(8), 66.24.210(4), 66.24.290(2), 69.50.505(h)(1), 82.08.150(5), 82.24.020(2), 82.64.020, and section 420, chapter 271, Laws of 1989 shall be deposited into the account. Expenditures from the account may be used only for funding services and programs under chapter 271, Laws of 1989 and chapter 7, Laws of 1994 sp. sess., including state incarceration costs. Funds from the account may also be appropriated to reimburse local governments for costs associated with implementing criminal justice legislation including chapter 338, Laws of 1997. During the 1997-1999 biennium, funds from the account may also be used for costs associated with conducting a feasibility study of the department of corrections' offender-based tracking system and providing grants to local governments in accordance with chapter 338, Laws of 1997. After July 1, 1999, at least seven and one-half percent of expenditures from the account shall be used for providing grants to community networks under chapter 70.190 RCW by the family policy council.
NEW SECTION. Sec. 905. This act shall not be construed as affecting any right or cause of action asserted in Washington State Legislature v. State of Washington (Thurston county superior court cause no. 98-2-00105-1).
Sec. 906. 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.
Sec. 907. 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.
On page 1, line 1 of the title, after "matters;" strike the remainder of the title and insert "amending RCW 50.24.014 and 70.105D.070; amending 1997 c 149 ss 101, 102, 104, 110, 111, 112, 113, 114, 116, 117, 120, 121, 122, 123, 124, 129, 130, 134, 136, 141, 142, 145, 146, 148, 152, 201, 204, 205, 206, 209, 210, 215, 217, 224, 304, 306, 309, 310, 401, 402, 502, 505, 506, 507, 508, 513, 516, 614, 616, 618, 619, 701, 703, 705, 710, 712, and 905 (uncodified); amending 1997 c 454 ss 101, 103, 104, 105, 202, 203, 204, 205, 206, 207, 208, 210, 211, 209, 212, 213, 214, 301, 302, 303, 304, 305, 501, 503, 504, 505, 506, 507, 508, 601, 602, 603, 604, 605, 606, 607, 608, 610, 611, 704, 801, and 802 (uncodified); reenacting and amending RCW 69.50.520; adding new sections to 1997 c 149 (uncodified); creating new sections; making appropriations; and declaring an emergency.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Johnson, the Senate refuses to concur in the House amendments to Engrossed Substitute Senate Bill No. 6108 and requests of the House a conference thereon.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Engrossed Substitute Senate Bill No. 6108 and the House amendment(s) thereto: Senators Strannigan, Spanel and West.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MOTION
At 12:08 p.m., on motion of Senator Johnson the Senate recessed until 3:00 p.m.
The Senate was called to order at 3:00 p.m. by President Owen.
There being no objection, the President advanced the Senate to the sixth order of business.
SECOND READING
GUBERNATORIAL APPOINTMENT
MOTION
On motion of Senator Oke, Gubernatorial Appointment No. 9179, Donna M. Mason, as Chair of the Interagency Committee for Outdoor Recreation, was confirmed.
Senators Oke and Jacobsen spoke to the confirmation of Donna M. Mason, as Chair of the Interagency Committee for Outdoor Recreation.
APPOINTMENT OF DONNA M. MASON
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 47; Nays, 0; Absent, 1; Excused, 1.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 47. Absent: Senator Haugen - 1. Excused: Senator Benton - 1.
MOTION
On motion of Senator Oke, Gubernatorial Appointment No. 9215, Christine Wakefield, as a member of the Interagency Committee for Outdoor Recreation, was confirmed.
Senators Oke and Jacobsen spoke to the confirmation of Christine Wakefield, as a member of the Interagency Committee for Outdoor Recreation.
APPOINTMENT OF CHRISTINE WAKEFIELD
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 46; Nays, 0; Absent, 3; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Heavey, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, Winsley, Wojahn, Wood and Zarelli - 46. Absent: Senators Haugen, Horn and West - 3. MOTION
On motion of Senator Hargrove, Gubernatorial Appointment No. 9291, Dan C. Wilder, as a member of the Board of Trustees for Peninsula Community College District No. 1, was confirmed.
APPOINTMENT OF DAN C. WILDER
The Secretary called the roll. The appointment was confirmed by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 49.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5305,
SENATE BILL NO. 5622,
SUBSTITUTE SENATE BILL NO. 5636,
SENATE BILL NO. 6113,
SUBSTITUTE SENATE BILL NO. 6208,
SECOND SUBSTITUTE SENATE BILL NO. 6214,
SECOND SUBSTITUTE SENATE BILL NO. 6264,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6293,
ENGROSSED SENATE BILL NO. 6305,
SUBSTITUTE SENATE BILL NO. 6324,
SECOND SUBSTITUTE SENATE BILL NO. 6330,
SENATE BILL NO. 6348,
SUBSTITUTE SENATE BILL NO. 6420,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6421,
SUBSTITUTE SENATE BILL NO. 6439,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6445,
SUBSTITUTE SENATE BILL NO. 6474,
SUBSTITUTE SENATE BILL NO. 6550,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6560,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6562,
SUBSTITUTE SENATE BILL NO. 6565,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6600,
SUBSTITUTE SENATE BILL NO. 6603,
SUBSTITUTE SENATE BILL NO. 6655,
SENATE BILL NO. 6698,
SENATE BILL NO. 6729,
SUBSTITUTE SENATE BILL NO. 6746.
MOTION
On motion of Senator Johnson, the Senate reverted the first order of business.
REPORTS OF STANDING COMMITTEES
March 10, 1998
SB 5776 Prime Sponsor, McCaslin: Revising the public disclosure law. Reported by Committee on Ways and Means
MAJORITY Recommendation: That Substitute Senate Bill No. 5776 as recommended by Committee on Government Operations be substituted therefor, and the substitute bill do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Hochstatter, Long, McDonald, Roach, Rossi, Schow, Swecker, Winsley and Zarelli.
Referred to Committee on Ways and Means.
March 10, 1998
EHB 1042 Prime Sponsor, Representative Dyer: Changing the taxation of dental appliances, devices, restorations, and substitutes. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, B. Sheldon, Spanel, Swecker, Thibaudeau, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
March 10, 1998
SHB 1184 Prime Sponsor, House Committee on Finance: Repealing the sales tax on coin-operated laundromats in apartments, rooming houses, and mobile home communities. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Hochstatter, Kohl, Long, Roach, Rossi, Schow, Swecker, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
March 10, 1998
E2SHB 1328 Prime Sponsor, House Committee on Finance: Revising the business and occupation tax on the handling of hay, alfalfa, and seed. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, B. Sheldon, Swecker, Thibaudeau, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
March 10, 1998
SHB 1447 Prime Sponsor, House Committee on Finance: Providing tax exemptions related to thoroughbred horses. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, B. Sheldon, Snyder, Spanel, Swecker, Thibaudeau, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
March 10, 1998
HB 2278 Prime Sponsor, Representative Honeyford: Exempting electric generating facilities powered by landfill gas from sales and use taxes. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Hochstatter, Long, McDonald, Roach, Rossi, Schow, B. Sheldon, Swecker, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
March 10, 1998
HB 2335 Prime Sponsor, Representative B. Thomas: Consolidating business and occupation tax rates into fewer categories. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Hochstatter, Long, McDonald, Roach, Rossi, Schow, B. Sheldon, Swecker, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
March 10, 1998
E2SHB 2342 Prime Sponsor, House Committee on Finance: Providing tax exemptions for businesses in community empowerment zones that provide selected international services.
MAJORITY Recommendation: Do pass as amended. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Hochstatter, Kohl, Long, McDonald, Roach, Rossi, Schow, B. Sheldon, Swecker, Thibaudeau, and Winsley.
Passed to Committee on Rules for second reading.
March 10, 1998
ESHB 2933 Prime Sponsor, House Committee on Finance: Prescribing the taxation of business warehousing and selling pharmaceutical drugs. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass as amended. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Hochstatter, Kohl, Long, Loveland, McDonald, Roach, Rossi, Schow, Sheldon, B., Snyder, Spanel, Swecker, Thibaudeau, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
March 10, 1998
E2SHB 2935 Prime Sponsor, House Committee on Appropriations: Adopting a new system for establishing nursing home payment rates. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass as amended. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Hochstatter, Long, McDonald, Roach, Rossi, Schow, Swecker, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
March 10, 1998
SHB 3015 Prime Sponsor, House Committee on Transportation Policy and Budget: Providing tax exemptions for the state route number 16 corridor. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Hochstatter, Long, McDonald, Roach, Rossi, Schow, B. Sheldon, Swecker, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
March 10, 1998
2SHB 3058 Prime Sponsor, House Committee on Appropriations: Changing statutes for waste reduction, recycling, and litter control. Reported by Committee on Ways and Means
MAJORITY Recommendation: Do pass. Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Fraser, Hochstatter, Long, McDonald, Roach, Rossi, Schow, Spanel, Winsley and Zarelli.
Passed to Committee on Rules for second reading.
MOTION
On motion of Senator Johnson, Senate Bill No. 5776 was returned to the Committee on Ways and Means.
MOTION
On motion of Senator Johnson, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
March 9, 1998
MR. PRESIDENT:
The House has granted the request of the Senate for a conference on SUBSTITUTE SENATE BILL NO. 6181. The Speaker has appointed the following members as conferees: Representatives Sheahan, Carlson and Costa.
TIMOTHY A. MARTIN, Chief Clerk
MESSAGE FROM THE HOUSE
March 10, 1998
MR. PRESIDENT:
The House has granted the request of the Senate for a conference on SECOND SUBSTITUTE SENATE BILL NO. 6544. The Speaker has appointed the following members as conferees: Representatives Dyer, Backlund and Cody.
TIMOTHY A. MARTIN, Chief Clerk
There being no objection, the President reverted the Senate to the third order of business.
MESSAGE FROM THE GOVERNOR
GUBERNATORIAL APPOINTMENT
March 10, 1998
TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to submit the following appointment subject to your confirmation.
H. George Morton, appointed March 10, 1998, for a term ending at the pleasure of the Governor, as Director of the Department of Printing.
Sincerely,
GARY LOCKE, Governor
Referred to the Committee on Government Operations.
There being no objection, the President advanced the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 5, 1998
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6161 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 90.64.005 and 1993 c 221 s 1 are each amended to read as follows:
The legislature finds that there is a need to establish a clear and understandable process that provides for the proper and effective management of dairy ((waste)) nutrients that affect((s)) the quality of surface or ground waters in the state of Washington. The legislature finds that there is a need for a program that will provide a stable and predictable business climate upon which dairy farms may base future investment decisions.
The legislature finds that federal regulations require a permit program for dairies (([with])) with over seven hundred head of mature cows and, other specified dairy farms that directly discharge into waters or are otherwise significant contributors of pollution. The legislature finds that significant work has been ongoing over a period of time and that the intent of this chapter is to take the consensus that has been developed and place it into statutory form.
It is also the intent of this chapter to establish an inspection and technical assistance program for dairy farms to address the discharge of pollution to surface and ground waters of the state that will lead to water quality compliance by the industry. A further purpose is to create a balanced program involving technical assistance, regulation, and enforcement with coordination and oversight of the program by a committee composed of industry, agency, and other representatives. Furthermore, it is the objective of this chapter to maintain the administration of the water quality program as it relates to dairy operations at the state level.
It is also the intent of this chapter to recognize the existing working relationships between conservation districts, the conservation commission, and the department of ecology in protecting water quality of the state. A further purpose of this chapter is to provide statutory recognition of the coordination of the functions of conservation districts, the conservation commission, and the department of ecology pertaining to development of dairy waste management plans for the protection of water quality.
Sec. 2. RCW 90.64.010 and 1993 c 221 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Advisory and oversight committee" means a balanced committee of agency, dairy farm, and interest group representatives convened to provide oversight and direction to the dairy nutrient management program.
(2) "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility.
(3) "Catastrophic" means a tornado, hurricane, earthquake, flood, or other extreme condition that causes an overflow from a required waste retention structure.
(4) "Certification" means:
(a) The acknowledgment by a local conservation district that a dairy producer has constructed or otherwise put in place the elements necessary to implement his or her dairy nutrient management plan; and
(b) The acknowledgment by a dairy producer that he or she is managing dairy nutrients as specified in his or her approved dairy nutrient management plan.
(5) "Chronic" means a series of wet weather events that precludes the proper operation of a dairy nutrient management system that is designed for the current herd size.
(6) "Conservation commission" or "commission" means the conservation commission under chapter 89.08 RCW.
(((2))) (7) "Conservation districts" or "district" means a subdivision of state government organized under chapter 89.08 RCW.
(((3))) (8) "Concentrated dairy animal feeding operation" means a dairy animal feeding operation subject to regulation under this chapter which the director designates under RCW ((90.64.030)) 90.64.020 or meets the following criteria:
(a) Has more than seven hundred mature dairy cows, whether milked or dry cows, that are confined; or
(b) Has more than two hundred head of mature dairy cattle, whether milked or dry cows, that are confined and either:
(i) From which pollutants are discharged into navigable waters through a manmade ditch, flushing system, or other similar manmade device; or
(ii) From which pollutants are discharged directly into surface or ground waters of the state that originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.
(((4))) (9) "Dairy animal feeding operation" means a lot or facility where the following conditions are met:
(a) Dairy animals that have been, are, or will be stabled or confined and fed for a total of forty-five days or more in any twelve-month period; and
(b) Crops, vegetation forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more dairy animal feeding operations under common ownership are considered, for the purposes of this chapter, to be a single dairy animal feeding operation if they adjoin each other or if they use a common area for land application of wastes.
(((5))) (10) "Dairy farm" means any farm that is licensed to produce milk under chapter 15.36 RCW.
(11) "Dairy nutrient" means any organic waste produced by dairy cows or a dairy farm operation.
(12) "Dairy nutrient management plan" means a plan meeting the requirements established under section 6 of this act.
(13) "Dairy nutrient management technical assistance team" means one or more professional engineers and local conservation district employees convened to serve one of four distinct geographic areas in the state.
(14) "Dairy producer" means a person who owns or operates a dairy farm.
(15) "Department" means the department of ecology under chapter 43.21A RCW.
(((6))) (16) "Director" means the director of the department of ecology, or his or her designee.
(17) "Upset" means an exceptional incident in which there is an unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the dairy. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(18) "Violation" means the following acts or omissions:
(a) A discharge of pollutants into the waters of the state, except those discharges that are due to a chronic or catastrophic event, or to an upset as provided in 40 C.F.R. Sec. 122.41, or to a bypass as provided in 40 C.F.R. Sec. 122.41, and that occur when:
(i) A dairy producer has a current national pollutant discharge elimination system permit with a wastewater system designed, operated, and maintained for the current herd size and that contains all process-generated wastewater plus average annual precipitation minus evaporation plus contaminated storm water runoff from a twenty-five year, twenty-four hour rainfall event for that specific location, and the dairy producer has complied with all permit conditions, including dairy nutrient management plan conditions for appropriate land application practices; or
(ii) A dairy producer does not have a national pollutant discharge elimination system permit, but has complied with all of the elements of a dairy nutrient management plan that: Prevents the discharge of pollutants to waters of the state, is commensurate with the dairy producer's current herd size, and is approved and certified under section 6 of this act;
(b) Failure to register as required under section 3 of this act; or
(c) The lack of an approved dairy nutrient management plan by July 1, 2002; or
(d) The lack of a certified dairy nutrient management plan for a dairy farm after December 31, 2003.
NEW SECTION. Sec. 3. (1) Every dairy producer licensed under chapter 15.36 RCW shall register with the department by September 1, 1998, and shall reregister with the department by September 1st of every even-numbered year. Every dairy producer licensed after September 1, 1998, shall register with the department within sixty days of licensing. The purpose of registration is to provide and update baseline information for the dairy nutrient management program.
(2) To facilitate registration, the department shall obtain from the food safety and animal health division of the department of agriculture a current list of all licensed dairy producers in the state and mail a registration form to each licensed dairy producer no later than July 15, 1998.
(3) At a minimum, the form shall require the following information as of the date the form is completed:
(a) The name and address of the operator of the dairy farm;
(b) The name and address of the dairy farm;
(c) The telephone number of the dairy farm;
(d) The number of cows in the dairy farm;
(e) The number of young stock in the dairy farm;
(f) The number of acres owned and rented in the dairy farm;
(g) Whether the dairy producer, to the best of his or her knowledge, has a plan for managing dairy nutrient discharges that is commensurate with the size of his or her herd, and whether the plan is being fully implemented; and
(h) If the fields where dairy nutrients are being applied belong to someone other than the dairy producer whose farm operation generated the nutrients, the name, address, and telephone number of the owners of the property accepting the dairy nutrients.
(4) In the mailing to dairy producers containing the registration form, the department shall also provide clear and comprehensive information regarding the requirements of this chapter.
(5) The department shall require the registrant to provide only information that is not already available from other sources accessible to the department, such as dairy licensing information.
NEW SECTION. Sec. 4. Before October 1, 1998, the department and conservation commission shall jointly sponsor and hold an educational workshop for conservation districts from around the state. The purpose of the workshop is to inform local conservation districts about the requirements of this chapter, and for local conservation districts, the conservation commission, and the department to clearly understand their respective roles and responsibilities in carrying out these requirements.
NEW SECTION. Sec. 5. (1) By October 1, 1998, the department shall initiate an inspection program of all dairy farms in the state. The purpose of the inspections is to:
(a) Survey for evidence of violations;
(b) Identify corrective actions for actual or imminent discharges that violate or could violate the state's water quality standards;
(c) Monitor the development and implementation of dairy nutrient management plans; and
(d) Identify dairy producers who would benefit from technical assistance programs.
(2) Local conservation district employees may, at their discretion, accompany department inspectors on any scheduled inspection of dairy farms except random, unannounced inspections.
(3) Follow-up inspections shall be conducted by the department to ensure that corrective and other actions as identified in the course of initial inspections are being carried out. The department shall also conduct such additional inspections as are necessary to ensure compliance with state and federal water quality requirements, provided that all licensed dairy farms shall be inspected once within two years of the start of this program. The department, in consultation with the advisory and oversight committee established in section 8 of this act, shall develop performance-based criteria to determine the frequency of inspections.
(4) Dairy farms shall be prioritized for inspection based on the development of criteria that include, but are not limited to, the following factors:
(a) Existence or implementation of a dairy nutrient management plan;
(b) Proximity to impaired waters of the state; and
(c) Proximity to all other waters of the state. The criteria developed to implement this subsection (4) shall be reviewed by the advisory and oversight committee.
NEW SECTION. Sec. 6. (1) Except for those producers who already have a certified dairy nutrient management plan as required under the terms and conditions of an individual or general national pollutant discharge elimination system permit, all dairy producers licensed under chapter 15.36 RCW, regardless of size, shall prepare a dairy nutrient management plan. If at any time a dairy nutrient management plan fails to prevent the discharge of pollutants to waters of the state, it shall be required to be updated.
(2) By November 1, 1998, the conservation commission, in conjunction with the advisory and oversight committee established under section 8 of this act shall develop a document clearly describing the elements that a dairy nutrient management plan must contain to gain local conservation district approval.
(3) In developing the elements that an approved dairy nutrient management plan must contain, the commission may authorize the use of other methods and technologies than those developed by the natural resources conservation service when such alternatives have been evaluated by the advisory and oversight committee. Alternative methods and technologies shall meet the standards and specifications of:
(a) The natural resources conservation service as modified by the geographically based standards developed under section 10 of this act; or
(b) A professional engineer with expertise in the area of dairy nutrient management.
(4) In evaluating alternative technologies and methods, the principal objectives of the committee's evaluation shall be determining:
(a) Whether there is a substantial likelihood that, once implemented, the alternative technologies and methods would not violate water quality requirements;
(b) Whether more cost-effective methods can be successfully implemented in some or all categories of dairy operations; and
(c) Whether the technologies and methods approved or provided by the natural resources conservation service for use by confined animal feeding operations are necessarily required for other categories of dairy operations.
In addition, the committee shall encourage the conservation commission and the conservation districts to apply in dairy nutrient management plans technologies and methods that are appropriate to the needs of the specific type of operation and the specific farm site and to avoid imposing requirements that are not necessary for the specific dairy producer to achieve compliance with water quality requirements.
(5) Such plans shall be submitted for approval to the local conservation district where the dairy farm is located, and shall be approved by conservation districts no later than by July 1, 2002. The conservation commission, in conjunction with conservation districts, shall develop a state-wide schedule of plan development and approval to ensure adequate resources are available to have all plans approved by July 1, 2002.
(6) If a dairy producer leases land for dairy production from an owner who has prohibited the development of capital improvements, such as storage lagoons, on the leased property, the dairy producer shall indicate in his or her dairy nutrient management plan that such improvements are prohibited by the landowner and shall describe other methods, such as land application, that will be employed by the dairy producer to manage dairy nutrients.
(7) Notwithstanding the timelines in this section, any dairy farm licensed after September 1, 1998, shall have six months from the date of licensing to develop a dairy nutrient management plan and another eighteen months to fully implement that plan.
(8) If a plan contains the elements identified in subsection (2) of this section, a conservation district shall approve the plan no later than ninety days after receiving the plan. If the plan does not contain the elements identified in subsection (2) of this section, the local conservation district shall notify the dairy producer in writing of modifications needed in the plan no later than ninety days after receiving the plan. The dairy producer shall provide a revised plan that includes the needed modifications within ninety days of the date of the local conservation district notification. If the dairy producer does not agree with, or otherwise takes exception to, the modifications requested by the local conservation district, the dairy producer may initiate the appeals process described in section 7 of this act within thirty days of receiving the letter of notification.
(9) An approved plan shall be certified by a conservation district and a dairy producer when the elements necessary to implement the plan have been constructed or otherwise put in place, and are being used as designed and intended. A certification form shall be developed by the conservation commission for use state-wide and shall provide for a signature by both a conservation district representative and a dairy producer. Certification forms shall be signed by December 31, 2003, and a copy provided to the department for recording in the data base established in section 9 of this act.
(10) The ability of dairy producers to comply with the planning requirements of this chapter depends, in many cases, on the availability of federal and state funding to support technical assistance provided by local conservation districts. Dairy producers shall not be held responsible for noncompliance with the planning requirements of this chapter if conservation districts are unable to perform their duties under this chapter because of insufficient funding.
NEW SECTION. Sec. 7. (1) Conservation district decisions pertaining to denial of approval or denial of certification of a dairy nutrient management plan; modification or amendment of a plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and the failure to adhere to plan review and approval timelines identified in section 6 of this act are appealable under this chapter. Department actions pertaining to water quality violations are appealable under chapter 90.48 RCW.
In addition, a dairy producer who is constrained from complying with the planning requirements of this chapter because of financial hardship or local permitting delays may request a hearing before the conservation commission and may request an extension of up to one year beyond the approval and certification dates prescribed in this chapter for plan approval and certification.
(2) Within thirty days of receiving a local conservation district notification regarding any of the decisions identified in subsection (1) of this section, a dairy producer who disagrees with any of these decisions may request an informal hearing before the conservation commission or may appeal directly to the pollution control hearings board. The commission shall issue a written decision no later than thirty days after the informal hearing.
(3) If the conservation commission reverses the decision of the conservation district, the conservation district may appeal this reversal to the pollution control hearings board according to the procedure in chapter 43.21B RCW within thirty days of receipt of the commission's decision.
(4) When an appeals process is initiated under this section, the length of time extending from the start of the appeals process to its conclusion shall be added onto the timelines provided in this chapter for plan development, approval, and certification only if an appeal is heard by the pollution control hearings board.
NEW SECTION. Sec. 8. (1) A dairy nutrient management program advisory and oversight committee is established. The committee shall be cochaired by the executive director of the conservation commission and a dairy industry representative. The purpose of the committee is to provide direction to and oversight of the dairy nutrient management inspection program, as well as to encourage the use of appropriate alternative technologies and methods for managing dairy nutrients.
(2) The committee shall include no less than eleven, and no more than thirteen members, including one representative from the department, one representative of the dairy industry from each of four geographic areas as referenced in section 10 of this act, one representative from the conservation commission, two representatives from local conservation districts, one representative from a local health department, one representative of an environmental organization, and one representative from the shellfish industry. In addition, the natural resources conservation service and the federal environmental protection agency shall each be invited to appoint a representative to the committee.
(3) The conservation commission shall contact agencies and organizations representing the interests identified in subsection (2) of this section and request that they notify their employees and membership of the opportunity to serve on the advisory and oversight committee. The commission shall also extend the invitations to the natural resources conservation service and the federal environmental protection agency. An association representing the dairy industry shall solicit interest broadly from both within and outside of the association. Persons interested in serving on the advisory and oversight committee shall submit their names to the conservation commission no later than May 1, 1998. By June 1, 1998, the commission shall appoint the required number of members from the nominations received.
(4) Advisory and oversight committee members shall be compensated under RCW 43.03.230 and shall be reimbursed for expenses as provided under RCW 43.03.050 and 43.03.060.
(5) The committee shall perform the following functions:
(a) Meet at least four times per calendar year;
(b) Maintain meeting minutes and account for the resolution of issues jointly identified by the committee chairs as needing to be addressed;
(c) Review the development of the data base, the quarterly data base summary, and the annual report provided by the department under section 9 of this act and RCW 90.64.050;
(d) Act as a forum to hear suggestions from any interested parties, including dairy farmers, regarding implementation of the dairy nutrient management program;
(e) Review and recommend standardized dairy farm inspection procedures, prioritization criteria, and frequencies and a reporting format to be used by the department;
(f) Assist the department and the conservation commission in developing reports to the legislature as required in section 17 of this act; and
(g) Review and recommend dairy nutrient management technologies and methods other than those approved or provided by the natural resources conservation service for use as components of nutrient management plans under this chapter.
NEW SECTION. Sec. 9. (1) By October 1, 1998, the department, in consultation with the advisory and oversight committee, shall develop and maintain a data base to account for the implementation of this chapter.
(2) The data base shall track registrations; inspection dates and results, including findings of violations; regulatory and enforcement actions; and the status of dairy nutrient management plans. In addition, the number of dairy farm inspections by inspector shall be tallied by month. A summary of data base information shall be provided quarterly to the advisory and oversight committee.
(3) Any information entered into the data base by the department about any aspect of a particular dairy operation may be reviewed by the affected dairy producer upon request. The department shall correct any information in the data base upon a showing that the information is faulty or inaccurate. Complaints that have been filed with the department and determined to be unfounded, invalid, or without merit shall not be recorded in the data base. Appeals of decisions related to dairy nutrient management plans to the pollution control hearings board or to any court shall be recorded, as well as the decisions of those bodies.
NEW SECTION. Sec. 10. (1) The conservation commission shall establish four dairy nutrient management technical assistance teams by June 1, 1998. The teams shall be geographically located throughout the state. Each team shall consist of one or more professional engineers, local conservation district employees, and dairy nutrient management experts from Washington State University. The purpose of the teams is to:
(a) Actively develop and promote new cost-effective approaches for managing dairy nutrients; and
(b) Assist dairy farms in developing dairy nutrient management plans.
(2) By January 1, 1999, each team shall develop one or more initial sets of standards and specifications to assist dairy producers in developing and implementing dairy nutrient management plans. Standards and specifications developed by a technical assistance team shall be appropriate to the soils and other conditions within that geographic area and shall be reviewed by the advisory and oversight committee.
Sec. 11. RCW 90.64.030 and 1993 c 221 s 4 are each amended to read as follows:
((Upon receiving a complaint or upon its own determination that a dairy animal feeding operation is a likely source of water quality degradation,)) (1) Under the inspection program established in section 5 of this act, the department may investigate a dairy ((animal feeding operation)) farm to determine whether the operation is discharging ((directly)) pollutants or ((recently)) has ((discharged directly)) a record of discharging pollutants into surface or ground waters of the state. Upon concluding an investigation, the department shall make a written report of its findings, including the results of any water quality measurements, photographs, or other pertinent information, and provide a copy of the report to the dairy producer within twenty days of the investigation.
(2) The department shall investigate a written complaint filed with the department within ((ten)) three working days and shall make a written report of its findings including the results of any water quality measurements, photographs, or other pertinent information. A copy of the findings shall be provided ((upon request)) to the dairy ((animal feeding operation)) producer subject to the complaint within twenty days. Only findings of violations shall be entered into the data base identified in section 9 of this act.
((Those dairy animal feeding operations that are)) (3) A dairy farm that is determined to be a significant contributor of pollution based on actual water quality tests, photographs, or other pertinent information ((if immediate corrective actions are not possible, shall be designated as a concentrated dairy animal feeding operation and shall be)) is subject to the provisions of this chapter and to the enforcement provisions of chapters 43.05 and 90.48 RCW, including civil penalties levied under RCW 90.48.144.
(4) If the department determines that an unresolved water quality problem from a dairy farm requires immediate corrective action, the department shall notify the producer and the district in which the problem is located. When corrective actions are required to address such unresolved water quality problems, the department shall provide copies of all final dairy farm inspection reports and documentation of all formal regulatory and enforcement actions taken by the department against that particular dairy farm to the local conservation district and to the appropriate dairy farm within twenty days.
(5) For a violation of water quality laws that is a first offense for a dairy producer, the penalty may be waived to allow the producer to come into compliance with water quality laws. The department shall record all legitimate violations and subsequent enforcement actions.
(6) A discharge, including a storm water discharge, to surface waters of the state shall not be considered a violation of this chapter, chapter 90.48 RCW, or chapter 173-201A WAC, and shall therefore not be enforceable by the department of ecology or a third party, if at the time of the discharge, a violation is not occurring under RCW 90.64.010(18). In addition, a dairy producer shall not be held liable for violations of this chapter, chapter 90.48 RCW, chapter 173-201A WAC, or the federal clean water act due to the discharge of dairy nutrients to waters of the state resulting from spreading these materials on lands other than where the nutrients were generated, when the nutrients are spread by persons other than the dairy producer or the dairy producer's agent.
(7) As provided under RCW 7.48.305, agricultural activities associated with the management of dairy nutrients are presumed to be reasonable and shall not be found to constitute a nuisance unless the activity has a substantial adverse effect on public health and safety.
(8) This section specifically acknowledges that if a holder of a general or individual national pollutant discharge elimination system permit complies with the permit and the dairy nutrient management plan conditions for appropriate land application practices, the permit provides compliance with the federal clean water act and acts as a shield against citizen or agency enforcement for any additions of pollutants to waters of the state or of the United States as authorized by the permit.
(9) A dairy producer who fails to have an approved dairy nutrient management plan by July 1, 2002, or a certified dairy nutrient management plan by December 31, 2003, and for which no appeals have been filed with the pollution control hearings board, is in violation of this chapter. Each month beyond these deadlines that a dairy producer is out of compliance with the requirement for either plan approval or plan certification shall be considered separate violations of chapter 90.64 RCW that may be subject to penalties. Such penalties may not exceed one hundred dollars per month for each violation up to a combined total of five thousand dollars. Failure to register as required in section 3 of this act shall subject a dairy producer to a maximum penalty of one hundred dollars. Penalties shall be levied by the department.
Sec. 12. RCW 90.64.050 and 1993 c 221 s 6 are each amended to read as follows:
(1) The department has the following duties:
(a) Identify existing or potential water quality problems resulting from dairy farms through implementation of the inspection program in section 5 of this act;
(b) Inspect a dairy farm upon the request of a dairy producer;
(c) Receive, process, and verify complaints concerning discharge of pollutants from all dairy farms ((regardless of size));
(((c))) (d) Determine if a dairy-related water quality problem requires immediate corrective action under the Washington state water pollution control laws, chapter 90.48 RCW, or the Washington state water quality standards adopted under chapter 90.48 RCW((, or other authorities)). The department shall maintain the lead enforcement responsibility;
(((d))) (e) Administer and enforce national pollutant((s)) discharge elimination system permits for operators of concentrated dairy animal feeding operations, where required by federal regulations((,)) and ((administer)) state laws or upon request of a dairy producer;
(((e) Appoint representatives, including dairy industry representatives, to participate in the compliance review committee that will annually review and update policy and disseminate information as needed;))
(f) Participate on the advisory and oversight committee;
(g) Encourage communication and cooperation between local department personnel and the appropriate conservation district personnel;
(((g) Encourage)) (h) Require the use of ((federal soil conservation service standards and specifications in designing best management practices for)) dairy ((waste)) nutrient management plans ((to protect water quality)) as required under this chapter for entities required to plan under this chapter; and
(((h))) (i) Provide to the commission and the advisory and oversight committee an annual report of dairy ((waste pollution)) farm inspection and enforcement activities.
(2) The department may not delegate its responsibilities in enforcement.
Sec. 13. RCW 90.64.070 and 1993 c 221 s 8 are each amended to read as follows:
(1) The conservation district has the following duties:
(a) ((Adopt and annually update the water quality section in the conservation district dairy waste management plan)) Provide technical assistance to the department in identifying and correcting existing water quality problems resulting from dairy farms through implementation of the inspection program in section 5 of this act;
(b) ((As part of the district annual report, include a water quality progress report on dairy waste management activities conducted that are related to this chapter)) Immediately refer complaints received from the public regarding discharge of pollutants to the department;
(c) Encourage communication and cooperation between the conservation district personnel and local department personnel;
(d) ((Adopt and carry out a compliance option from level 1, level 2, level 3, or level 4)) Provide technical assistance to dairy producers in developing and implementing a dairy nutrient management plan; and
(e) Review, approve, and certify dairy nutrient management plans that meet the minimum standards developed under this chapter.
(2) The district's capability to carry out its responsibilities ((in the four levels of compliance)) under this chapter is contingent upon the availability of funding and resources to implement a dairy ((waste)) nutrient management program.
Sec. 14. RCW 90.64.080 and 1993 c 221 s 9 are each amended to read as follows:
(1) The conservation commission has the following duties:
(a) ((Forward to the department the dairy waste management plan progress reports;
(b))) Provide assistance as may be appropriate to the conservation districts in the discharge of their responsibilities as management agencies in dairy ((waste)) nutrient management program implementation;
(((c))) (b) Provide coordination for conservation district programs at the state level through special arrangements with appropriate federal and state agencies, including oversight of the review, approval, and certification of dairy nutrient management plans;
(((d))) (c) Inform conservation districts of activities and experiences of other conservation districts relative to agricultural water quality protection, and facilitate an interchange of advice, experience, and cooperation between the districts;
(d) Provide an informal hearing for disputes between dairy producers and local conservation districts pertaining to: (i) Denial of approval or denial of certification of dairy nutrient management plans; (ii) modification or amendment of plans; (iii) conditions contained in plans; (iv) application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and (v) the failure to adhere to the plan review and approval timelines identified in section 6 of this act. An informal hearing may also provide an opportunity for dairy producers who are constrained from timely compliance with the planning requirements of this chapter because of financial hardship or local permitting delays to petition for additional time to comply.
(e) Encourage communication between the conservation district personnel and local department personnel;
(f) Accept nominations and appoint ((conservation district representatives)) members to serve on the ((compliance review)) advisory and oversight committee with advice of the Washington association of conservation districts and the department;
(g) ((Appoint a commission representative to participate on the compliance review committee that will annually review and update policy and disseminate information as needed)) Provide a cochair to the advisory and oversight committee;
(h) Report to the legislature by December 1st of each year until 2003 on the status of dairy nutrient management planning and on the technical assistance provided to dairy producers in carrying out the requirements of this chapter; and
(i) Work with the department to provide communication outreach to representatives of agricultural and environmental organizations to receive feedback on implementation of this chapter.
(2) The commission's capability to carry out its responsibilities under this chapter is contingent upon the availability of funding and resources to implement a dairy ((waste)) nutrient management program.
NEW SECTION. Sec. 15. The dairy waste management account is created in the custody of the state treasurer. All receipts from monetary penalties levied pursuant to violations of this chapter must be deposited into the account. Expenditures from the account may be used only for the commission to provide grants to local conservation districts for the sole purpose of assisting dairy producers to develop and fully implement dairy nutrient management plans. Only the chairman of the commission or the chairman'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.
Sec. 16. RCW 90.48.465 and 1997 c 398 s 2 are each amended to read as follows:
(1) The department shall establish annual fees to collect expenses for issuing and administering each class of permits under RCW 90.48.160, 90.48.162, and 90.48.260. An initial fee schedule shall be established by rule within one year of March 1, 1989, and thereafter the fee schedule shall be adjusted no more often than once every two years. This fee schedule shall apply to all permits, regardless of date of issuance, and fees shall be assessed prospectively. All fees charged shall be based on factors relating to the complexity of permit issuance and compliance and may be based on pollutant loading and toxicity and be designed to encourage recycling and the reduction of the quantity of pollutants. Fees shall be established in amounts to fully recover and not to exceed expenses incurred by the department in processing permit applications and modifications, monitoring and evaluating compliance with permits, conducting inspections, securing laboratory analysis of samples taken during inspections, reviewing plans and documents directly related to operations of permittees, overseeing performance of delegated pretreatment programs, and supporting the overhead expenses that are directly related to these activities.
(2) The annual fee paid by a municipality, as defined in 33 U.S.C. Sec. 1362, for all domestic wastewater facility permits issued under RCW 90.48.162 and 90.48.260 shall not exceed the total of a maximum of fifteen cents per month per residence or residential equivalent contributing to the municipality's wastewater system. The department shall adopt by rule a schedule of credits for any municipality engaging in a comprehensive monitoring program beyond the requirements imposed by the department, with the credits available for five years from March 1, 1989, and with the total amount of all credits not to exceed fifty thousand dollars in the five-year period.
(3) The department shall ensure that indirect dischargers do not pay twice for the administrative expense of a permit. Accordingly, administrative expenses for permits issued by a municipality under RCW 90.48.165 are not recoverable by the department.
(4) In establishing fees, the department shall consider the economic impact of fees on small dischargers and the economic impact of fees on public entities required to obtain permits for storm water runoff and shall provide appropriate adjustments.
(5) The fee for an individual permit issued for a dairy farm as defined under chapter 90.64 RCW shall be fifty cents per animal unit up to one thousand one hundred sixty-seven dollars for fiscal year 1998 and one thousand two hundred fourteen dollars for fiscal year 1999. The fee for a general permit issued for a dairy farm as defined under chapter 90.64 RCW shall be fifty cents per animal unit up to eight hundred seventeen dollars for fiscal year 1998 and eight hundred fifty dollars for fiscal year 1999. Thereafter, these fees may rise in accordance with the fiscal growth factor as provided in chapter 43.135 RCW.
(6) All fees collected under this section shall be deposited in the water quality permit account hereby created in the state treasury. Moneys in the account may be appropriated only for purposes of administering permits under RCW 90.48.160, 90.48.162, and 90.48.260.
(((6))) (7) Beginning with the biennium ending June 30, 1997, the department shall present a biennial progress report on the use of moneys from the account to the legislature. The report will be due December 31st of odd-numbered years. The report shall consist of information on fees collected, actual expenses incurred, and anticipated expenses for the current and following fiscal years.
NEW SECTION. Sec. 17. The department, in conjunction with the conservation commission and advisory and oversight committee, shall report to the legislature by December 1st of each year until 2003, on progress made in implementing chapter . . ., Laws of 1998 (this act). At a minimum, the reports shall include data on inspections, the status of dairy nutrient planning, compliance with water quality standards, and enforcement actions. The report shall also provide recommendations on how implementation of chapter . . ., Laws of 1998 (this act) could be facilitated for dairy producers and generally improved.
The conservation commission shall include in the report to the legislature filed December 1, 1999, an evaluation of whether the fiscal resources available to the commission, to conservation districts, and to Washington State University dairy nutrient management experts are adequate to fund the technical assistance teams established under section 10 of this act and to develop and certify plans as required by the schedule established in section 6 of this act. If the funding is insufficient, the report shall include an estimate of the amount of funding necessary to accomplish the schedule contained in section 6 of this act.
Sec. 18. RCW 43.21B.110 and 1993 c 387 s 22 are each amended to read as follows:
(1) The hearings board shall only have jurisdiction to hear and decide appeals from the following decisions of the department, the director, local conservation districts, the administrator of the office of marine safety, and the air pollution control boards or authorities as established pursuant to chapter 70.94 RCW, or local health departments:
(a) Civil penalties imposed pursuant to RCW 18.104.155, 70.94.431, 70.105.080, 70.107.050, 88.46.090, 90.03.600, 90.48.144, 90.56.310, and 90.56.330.
(b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 43.27A.190, 70.94.211, 70.94.332, 70.105.095, 86.16.020, 88.46.070, 90.14.130, ((and)) 90.48.120, and 90.56.330.
(c) The issuance, modification, or termination of any permit, certificate, or license by the department or any air authority in the exercise of its jurisdiction, including the issuance or termination of a waste disposal permit, the denial of an application for a waste disposal permit, or the modification of the conditions or the terms of a waste disposal permit.
(d) Decisions of local health departments regarding the grant or denial of solid waste permits pursuant to chapter 70.95 RCW.
(e) Decisions of local health departments regarding the issuance and enforcement of permits to use or dispose of biosolids under RCW 70.95J.080.
(f) Decisions of local conservation districts related to the denial of approval or denial of certification of a dairy nutrient management plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy farm; and failure to adhere to the plan review and approval timelines in section 6 of this act.
(g) Any other decision by the department, the administrator of the office of marine safety, or an air authority which pursuant to law must be decided as an adjudicative proceeding under chapter 34.05 RCW.
(2) The following hearings shall not be conducted by the hearings board:
(a) Hearings required by law to be conducted by the shorelines hearings board pursuant to chapter 90.58 RCW.
(b) Hearings conducted by the department pursuant to RCW 70.94.332, 70.94.390, 70.94.395, 70.94.400, 70.94.405, 70.94.410, and 90.44.180.
(c) Proceedings by the department relating to general adjudications of water rights pursuant to chapter 90.03 or 90.44 RCW.
(d) Hearings conducted by the department to adopt, modify, or repeal rules.
(3) Review of rules and regulations adopted by the hearings board shall be subject to review in accordance with the provisions of the Administrative Procedure Act, chapter 34.05 RCW.
NEW SECTION. Sec. 19. RCW 90.64.060 and 1993 c 221 s 7 are each repealed.
NEW SECTION. Sec. 20. RCW 90.64.090 and 1993 c 221 s 10 are each repealed.
NEW SECTION. Sec. 21. Sections 3, 5 through 10, 15, and 17 of this act are each added to chapter 90.64 RCW.
NEW SECTION. Sec. 22. 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.
NEW SECTION. Sec. 23. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void."
On page 1, line 1 of the title, after "management;" strike the remainder of the title and insert "amending RCW 90.64.005, 90.64.010, 90.64.030, 90.64.050, 90.64.070, 90.64.080, 90.48.465, and 43.21B.110; adding new sections to chapter 90.64 RCW; creating new sections; repealing RCW 90.64.060 and 90.64.090; prescribing penalties; and declaring an emergency.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Swecker moved that the Senate concur in the House amendments to Substitute Senate Bill No. 6161.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Swecker that the Senate concur in the House amendments to Substitute Senate Bill No. 6161.
The motion by Senator Swecker carried and the Senate concurred in the House amendments to Substitute Senate Bill No. 6161.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 6161, as amended by the House.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 6161, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 12; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Fraser, Goings, Hale, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Roach, Rossi, Schow, Sellar, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 37. Voting nay: Senators Bauer, Franklin, Hargrove, Haugen, Loveland, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Thibaudeau and Wojahn - 12. SUBSTITUTE SENATE BILL NO. 6161, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
March 6, 1998
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6418 with the following amendment(s):
On page 2, line 35, after "manner prescribed in" strike "(a)" and insert "(d)"
Beginning on page 14, after line 30, strike all of section 6 and insert the following:
"NEW SECTION. Sec. 6. A new section is added to chapter 26.23 RCW to read as follows:
The federal personal responsibility and work opportunity reconciliation act of 1996, P.L. 104-193, requires states to collect social security numbers as part of the application process for professional licenses, driver's licenses, occupational licenses, and recreational licenses. The legislature finds that if social security numbers are accessible to the public, it will be relatively easy for someone to use another's social security number fraudulently to assume that person's identity and gain access to bank accounts, credit services, billing information, driving history, and other sources of personal information. Public Law 104-193 could compound and exacerbate the disturbing trend of social security number-related fraud. In order to prevent fraud and curtail invasions of privacy, the governor, through the department of social and health services, shall seek a waiver to the federal mandate to record social security numbers on applications for professional, driver's, occupational, and recreational licenses. If a waiver is not granted, the licensing agencies shall collect and disclose social security numbers as required under section 7 of this act.
NEW SECTION. Sec. 7. A new section is added to chapter 26.23 RCW to read as follows:
In order to assist in child support enforcement as required by federal law, all applicants for an original, replacement, or renewal of a professional license, driver's license, occupational license, or recreational license must furnish the licensing agency with the applicant's social security number, which shall be recorded on the application. The licensing agencies collecting social security numbers shall not display the social security number on the license document. Social security numbers collected by licensing agencies shall not be disclosed except as required by state or federal law or under RCW 26.23.120."
Renumber the remaining sections consecutively, correct any internal references accordingly, and correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Deccio moved that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 6418.
MOTION
Senator Zarelli moved that the Senate do not concur in the House amendment to Engrossed Substitute Senate Bill No. 6418.
. Debate ensued.
CALL FOR PREVIOUS QUESTION
Senators McCaslin, West and Hale demanded the previous question and the demand was sustained.
Senator Zarelli demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on shall the main question be now put.
ROLL CALL
The Secretary called the roll and the demand for the previous question carried by the following vote: Yeas, 35; Nays, 13; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Franklin, Fraser, Goings, Hale, Haugen, Jacobsen, Johnson, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Rossi, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Thibaudeau, West, Winsley, Wojahn and Wood - 35. Voting nay: Senators Brown, Fairley, Finkbeiner, Hargrove, Heavey, Hochstatter, Kline, Kohl, Patterson, Roach, Schow, Swecker and Zarelli - 13. Absent: Senator Horn - 1.
The President declared the question before the Senate to be the positive motion by Senator Deccio to concur in the House amendment to Engrossed Substitute Senate Bill No. 6418.
Senator Zarelli demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the positive motion by Senator Deccio to concur in the House amendment to Engrossed Substitute Senate Bill No. 6418.
ROLL CALL
The Secretary called the roll and the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 6418 by the following vote: Yeas, 31; Nays, 18; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Brown, Deccio, Franklin, Fraser, Goings, Hale, Haugen, Horn, Jacobsen, Long, Loveland, McAuliffe, McCaslin, McDonald, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Sellar, Sheldon, B., Snyder, Spanel, Thibaudeau, West, Winsley, Wojahn and Wood - 31. Voting nay: Senators Benton, Fairley, Finkbeiner, Hargrove, Heavey, Hochstatter, Johnson, Kline, Kohl, Morton, Roach, Rossi, Schow, Sheldon, T., Stevens, Strannigan, Swecker and Zarelli - 18. The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6418, as amended by the House.
Debate ensued.
POINT OF INQUIRY
Senator Franklin: “Mr. President, I would like to ask a knowledgeable person here, with your permission, in regards to who brought first the social security number that is causing this great debate here tonight? It is the most intriguing debate since the session started. Mr. President, who will be able to answer that question, so we can get on with what we need to get on with?”
Senator Wojahn: “It is the terms of the Welfare Bill which passed last year.”
President Owen: “Senator Wojahn--”
Senator Wojahn: “This is the part of the terms of the Welfare Bill--that every attempt would be made to recover child support from recalcitrant parents. That is where it originated; this bill came out of that bill and we are trying to do it. The whole thing is that we have been given a strict guideline and if we don't do it, we lose six hundred million dollars. A portion of that is TANA funds--to run TANA. We also lose all of our future funds. Don't let this happen.
“Twenty-seven million in recovery forms will be coming to us, which is part of the six hundred million. If anybody here wants to pay for that out of their pocket--because there will be a big hole in the budget--if you will step forward, we'll take your name and the amount of money you want to contribute to complete this, so that we don't lose all the federal money. Also, the federal government gave us our social security numbers, why are we trying to do this to them now, when they say let us use them for a worthwhile purpose?”
Further debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6418, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 30; Nays, 19; Absent, 0; Excused, 0.
Voting yea: Senators Bauer, Brown, Deccio, Franklin, Fraser, Goings, Hale, Haugen, Horn, Jacobsen, Long, Loveland, McAuliffe, McCaslin, McDonald, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Sellar, Sheldon, B., Snyder, Spanel, Thibaudeau, West, Winsley, Wojahn and Wood - 30. Voting nay: Senators Anderson, Benton, Fairley, Finkbeiner, Hargrove, Heavey, Hochstatter, Johnson, Kline, Kohl, Morton, Roach, Rossi, Schow, Sheldon, T., Stevens, Strannigan, Swecker and Zarelli - 19. ENGROSSED SUBSTITUTE SENATE BILL NO. 6418, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION TO LIMIT DEBATE
Senator Johnson: “Mr. President, I move that the members of the Senate be allowed to speak only once and be limited to three minutes on each motion or amendment, except that the mover of the motion shall be allowed to open and close debate, and also that members be prohibited from yielding their time. This motion shall be in effect through March 12, 1998, Sine Die.”
The President declared the question before the Senate to be the motion by Senator Johnson that debate be limited through March 12, 1998.
The motion by Senator Johnson carried and debate was limited to three minutes through March 12, 1998.
MESSAGES FROM THE HOUSE
March 10, 1998
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following House Bills and passed the bill as amended by the Senate:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1074,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1223,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1374,
SUBSTITUTE HOUSE BILL NO. 1692,
SUBSTITUTE HOUSE BILL NO. 1829,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2345,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2496,
ENGROSSED HOUSE BILL NO. 2501,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2514,
HOUSE BILL NO. 2542,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2551,
SUBSTITUTE HOUSE BILL NO. 2724,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2831,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2880,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 2881,
HOUSE BILL NO. 3052,
SUBSTITUTE HOUSE BILL NO. 3099, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
March 10, 1998
MR. PRESIDENT:
The House receded from its amendment(s) to SENATE BILL NO. 6539 and passed the bill without the House amendment(s).
TIMOTHY A. MARTIN, Chief Clerk
March 10, 1998
MR. PRESIDENT:
The House receded from its amendment(s) to SUBSTITUTE SENATE BILL NO. 6727 and passed the bill without the House amendment(s).
TIMOTHY A. MARTIN, Chief Clerk
March 10, 1998
MR. PRESIDENT:
The House grants the request of the Senate for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 6108. The Speaker has appointed the following members as conferees: Representatives Huff, Alexander and H. Sommers.
TIMOTHY A. MARTIN, Chief Clerk
MESSAGE FROM THE HOUSE
March 5, 1998
MR. PRESIDENT:
The House has passed SENATE BILL NO. 6699 with the following amendment(s):
On page 1, line 13, strike "employee's job performance, conduct, or other work-related information" and insert "employee"
On page 1, line 14, after "employer" strike ","
On page 1, line 15, after "consequences" insert "if the disclosed information relates to: (1) the employee's ability to perform his or her job; (2) the diligence, skill or reliability with which the employee carried out the duties of his or her job; or (3) any illegal or wrongful act committed by the employee", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Schow, the Senate concurred in the House amendments to Senate Bill No. 6699.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6699, as amended by the House.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6699, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 17; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Goings, Hale, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 32. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Hargrove, Heavey, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Sheldon, B., Snyder, Spanel and Thibaudeau - 17. SENATE BILL NO. 6699, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGES FROM THE HOUSE
March 10, 1998
MR. PRESIDENT:
The Speaker has signed:
SENATE BILL NO. 5164,
SENATE BILL NO. 5217,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5527,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5760,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5769,
SUBSTITUTE SENATE BILL NO. 6114,
SENATE BILL NO. 6122,
SUBSTITUTE SENATE BILL NO. 6130,
ENGROSSED SENATE BILL NO. 6139,
ENGROSSED SENATE BILL NO. 6142,
SECOND SUBSTITUTE SENATE BILL NO. 6156,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6166,
SUBSTITUTE SENATE BILL NO. 6175,
SUBSTITUTE SENATE BILL NO. 6182,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6191,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6203,
SENATE BILL NO. 6219,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6235,
ENGROSSED SENATE BILL NO. 6257,
SENATE BILL NO. 6278,
SENATE BILL NO. 6301,
SUBSTITUTE SENATE BILL NO. 6302,
SUBSTITUTE SENATE BILL NO. 6306,
SUBSTITUTE SENATE BILL NO. 6341,
SENATE BILL NO. 6355,
SUBSTITUTE SENATE BILL NO. 6358,
SENATE BILL NO. 6380, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
March 10, 1998
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED SUBSTITUTE SENATE BILL NO. 5305,
SENATE BILL NO. 5622,
SUBSTITUTE SENATE BILL NO. 5636,
SENATE BILL NO. 6113,
SUBSTITUTE SENATE BILL NO. 6208,
SECOND SUBSTITUTE SENATE BILL NO. 6214,
SECOND SUBSTITUTE SENATE BILL NO. 6264,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6293,
ENGROSSED SENATE BILL NO. 6305,
SUBSTITUTE SENATE BILL NO. 6324,
SECOND SUBSTITUTE SENATE BILL NO. 6330,
SENATE BILL NO. 6348,
SUBSTITUTE SENATE BILL NO. 6420,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6421,
SUBSTITUTE SENATE BILL NO. 6439,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6445,
SUBSTITUTE SENATE BILL NO. 6474,
SUBSTITUTE SENATE BILL NO. 6550,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6560,
ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6562,
SUBSTITUTE SENATE BILL NO. 6565,
ENGROSSED SUBSTITUTE SENATE BILL NO. 6600,
SUBSTITUTE SENATE BILL NO. 6603,
SUBSTITUTE SENATE BILL NO. 6655,
SENATE BILL NO. 6698,
SENATE BILL NO. 6729,
SUBSTITUTE SENATE BILL NO. 6746, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MESSAGE FROM THE HOUSE
March 5, 1998
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 6455 with the following amendments:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to 1997 c 235 to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Infrastructure needs assessment
The appropriation in this section is subject to the following conditions and limitations:
(1) The public works board ("board"), in consultation with the department of community, trade, and economic development ("department"), shall contract for a local government infrastructure needs assessment. The board shall issue a progress report to the governor, house of representatives capital budget committee, the senate ways and means committee, the joint legislative transportation committee, the house of representatives government administration committee, and the senate government operations committee by January 31, 1999. The final report shall be delivered by June 30, 1999.
(2) The infrastructure needs assessment shall utilize local capital improvement plans, to the extent available, to identify local government infrastructure needs for the planning, acquisition, construction, repair, replacement, rehabilitation, or improvements necessary for the next six years. The definitions and principles to be utilized in determining infrastructure needs shall be those set forth in chapter 36.70A RCW, including economic development. The infrastructure assessment shall also include a listing, description and evaluation of utilization of all private and public financing options, and policy alternatives that would assist in meeting local government infrastructure needs. For the purposes of this infrastructure needs assessment:
(a) Local government shall include each city, county, town, and each water, sewer, storm water, and public utility district providing water or sewer services in the state of Washington.
(b) Infrastructure shall be limited to bridges, roadways, domestic water, sanitary sewer, and storm water systems.
(3) The board shall contract for the collection and review of local capital expenditure data, the evaluation of local government infrastructure needs, the projection of future infrastructure needs, including needs to meet requirements under chapter 36.70A RCW. The board shall also contract for the development of criteria for a data base which can be maintained and updated, and such other matters as the board may deem necessary to provide an adequate representation of local capital needs and the ability of local governments to finance such needs.
(4) The legislative evaluation and accountability program shall cooperate with the department in the completion of the infrastructure needs assessment and may enter into interagency agreements. The legislative evaluation and accountability program shall develop the structure of the local government infrastructure data base and provide recommendations on the maintenance of the data base. The data base shall: Use the data compiled by and be compatible with that developed by the board's contractor; and have a structure to maintain its future use and updates.
The department shall provide a compilation of all capital improvement plans prepared by local governments. The department shall identify: Federal, state, and local infrastructure financing sources currently in use; all revenue sources available, but not fully utilized by each local government, and obstacles to full utilization; and the compilation of local government expenditures for infrastructure investments by source of funds and by jurisdiction for the period beginning January 1, 1993, and ending December 31, 1997, for local governments with a population greater than 50,000; and January 1, 1995, and ending December 31, 1997, for local governments with fewer than 50,000 population.
(6) The board shall convene an advisory committee of stakeholders to include representatives from the department of community, trade, and economic development, the office of financial management, the legislative evaluation and accountability program, the Washington state association of counties, the association of Washington cities, the Washington association of realtors, the national association of industrial office properties, the building industry association of Washington, the associated general contractors, the association of Washington business, Washington state building and construction trades council, and 1000 friends of Washington. The board may, as it deems necessary, utilize technical advisory groups or state agencies in addition to the advisory committee to assist itself in implementing this proviso.
The advisory committee shall serve as the advisory committee to the board to assist in guiding the infrastructure assessment and developing interpretations of this proviso as necessary. The committee shall establish criteria and categorize infrastructure projects as necessary to meet the requirements set forth in chapter 36.70A RCW, or as reflective of other community priorities, and review elements and standards of infrastructure needs identified in the study.
Appropriation:
Public Works Assistance
Account--State. . . . . . . . . . . . . . . . . . . . . .$ 750,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$
-------------
TOTAL. . .. . . . . . . . . . . . . . . . .$ 750,000
NEW SECTION. Sec. 2. A new section is added to 1997 c 235 to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Emergency flood and erosion repairs
The appropriation in this section is provided solely for shoreline repairs at Ocean Shores to prevent further erosion and flood control.
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 150,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . .. . . . . . . . . . . . . . . . .$ 150,000
NEW SECTION. Sec. 3. A new section is added to 1997 c 235 to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Year 2000 building, facility, and equipment date conversion (99-1-001)
The office of financial management shall allocate appropriations to be used by state agencies and universities in performing Year 2000 assessments of facility management systems, control systems, and other computer systems related to capital facilities and equipment. Funds available in this appropriation may also be allocated for corrective measures on a priority basis to address critical system repairs. As used in this section, "CTC Cap Proj Acct" means Community and Technical Colleges Capital Projects Account.
Appropriation:
CEP & RI Acct--State. . . . . . . .. . . . . . . . . . . . . . . . .$ 500,000
Thurston County Cap Fac
Acct--State. . . . . . . . . . . . . . . . . . . . . . . . .$ 60,000
TESC Cap Proj Acct--State. . . . . . . . . . . . . . . . . . . .$ 50,000
UW Bldg Acct--State. . . . . . . . .. . . . . . . . . . . . . . . . .$ 100,000
CWU Cap Proj Acct--State. . . .. . . . . . . . . . . . . . . . .$ 50,000
WSU Bldg Acct--State. . . . . . . .. . . . . . . . . . . . . . . . .$ 100,000
EWU Cap Proj Acct--State. . . .. . . . . . . . . . . . . . . . .$ 50,000
WWU Cap Proj Acct--State. . . . . . . . . . . . . . . . . . . .$ 180,000
CTC Cap Proj Acct--State. . . . . . . . . . . . . . . . . . . . .$ 100,000
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 1,866,000
Subtotal Appropriation. . . . . . . . . . . . . . . .$ 3,056,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . .. . . . . . . . . . . . . . . . .$ 3,056,000
Sec. 4. 1997 c 235 s 152 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
The control and management of the Wellington Hills property which was purchased by the state of Washington as a potential site for the University of Washington Bothell branch campus is transferred to the department of general administration. The site shall be disposed of at fair market value and the proceeds from the sale shall be deposited in the state building construction account. The department may retain from the proceeds of the sale an amount sufficient to provide reimbursement for expenses as approved by the office of financial management.
Prior to sale the department of general administration shall conduct a highest and best use study regarding the alternatives for future use of this site. Alternatives shall include, at a minimum, immediate sale, trade, transfer, lease, and retention for future state use. The study shall identify and consider the development characteristics and opportunities of the site, land use limitations and potential, and the desires and expectations of the surrounding communities. The study shall identify the benefits and risks of each alternative identified. The study shall be completed by June 30, 1998, and shall be transmitted for evaluation and determination of the best use of the property. Copies of the study shall be provided to the legislative fiscal committees, the office of financial management, and the higher education coordinating board.
The University of Washington shall continue to pay all necessary fees and assessments appurtenant to the property until the property is sold.
NEW SECTION. Sec. 5. A new section is added to 1997 c 235 to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Fire safety sprinkler systems (99-1-001)
The appropriation in this section is subject to the following conditions and limitations:
Funds are provided solely for fire sprinklers in the Douglas building at the Northern State Multi-Service Center.
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 600,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs. . . . . . . . . . . . . . . . . .$
TOTAL. . .. . . . . . . . . . . . . . . . .$ 600,000
NEW SECTION. Sec. 6. A new section is added to 1997 c 235 to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Alaska Street Building: Cooling tower and chiller (99-1-002)
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 155,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . .. . . . . . . . . . . . . . . . .$ 155,000
Sec. 7. 1997 c 235 s 219 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Green Hill redevelopment((: 416-bed institution)) (96-2-230)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is subject to the review and allotment procedures under section 712 of this act.
(2) ((If Engrossed Third Substitute House Bill No. 3900 is not enacted by June 30, 1997, $3,800,000 of the new appropriation in this section shall lapse.)) The general fund--federal appropriation shall be transferred to the department of social and health services as a subaward of the violent offender incarceration and truth-in-sentencing grant awarded to the department of corrections.
Reappropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 37,234,448
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 6,600,000
General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . .$ 3,466,558
Subtotal Appropriation. . . . . . . . . . . . . . . .$ 10,066,558
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,669,321
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 11,200,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ ((59,703,769))
63,170,327
NEW SECTION. Sec. 8. A new section is added to 1997 c 235 (uncodified) to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Security improvements at Western State Hospital
The appropriation in this section is provided solely for facility improvements that are required as a result of the passage of Senate Bill No. 6214. If Senate Bill No. 6214 is not enacted by June 30, 1998, the appropriation in this section shall be used for the same purpose as section 4 of this act.
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 654,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 654,000
Sec. 9. 1997 c 235 s 241 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
Orting: Main kitchen upgrade (95-1-001)
Reappropriation:
CEP & RI Acct--State. . . . . . . .. . . . . . . . . . . . . . . . .$ ((1,147,147))
1,097,147
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 94,853
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ ((1,242,000))
1,192,000
Sec. 10. 1997 c 235 s 245 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
Retsil: Minor works projects (97-1-006)
Reappropriation:
CEP & RI Acct--State. . . . . . . .. . . . . . . . . . . . . . . . .$ 410,549
Appropriation:
CEP & RI Acct--State. . . . . . . .. . . . . . . . . . . . . . . . .$ ((755,000))
652,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 249,451
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 7,050,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ ((8,465,000))
8,362,000
Sec. 11. 1997 c 235 s 247 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
Emergency fund (97-1-012)
Appropriation:
CEP & RI Acct--State. . . . . . . .. . . . . . . . . . . . . . . . .$ ((700,000))
750,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 2,800,000
-------------
TOTAL. . .. . . . . . . . . . . . . . . . .$ ((3,500,000))
3,550,000
Sec. 12. 1997 c 235 s 249 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF VETERANS AFFAIRS
Retsil: Building feasibility study (97-2-015)
This appropriation is provided to conduct a study of the ((potential for consolidation of program functions and replacement of poor condition housing units into a new multi-use facility. The study will be submitted to the office of financial management and will be the basis of future capital investments at Retsil, based on clear programmatic need or economic benefits and improved efficiency)) physical condition of the Retsil and Orting campuses, determine the opportunities and constraints for use of the facilities on those campuses to serve current and future veterans program needs, and identify other options for the provision of services to veterans in the future. The studies will be submitted to the office of financial management and will be the basis upon which future capital plans for the department are developed.
Appropriation:
CEP & RI Acct--State. . . . . . . .. . . . . . . . . . . . . . . . .$ ((112,000))
215,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . .. . . . . . . . . . . . . . . . .$ ((112,000))
215,000
NEW SECTION. Sec. 13. A new section is added to 1997 c 235 to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Local government criminal justice facilities (99-2-003)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely for the purpose of constructing, developing, expanding, modifying, or improving local jails and other correctional facilities in accordance with the violent offender incarceration and truth-in-sentencing grant requirements.
(2) The department of corrections, in consultation with the Washington association of sheriffs and police chiefs, shall develop criteria for allocating moneys appropriated in this section to local governments.
Appropriation:
General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . .$ 639,196
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 639,196
NEW SECTION. Sec. 14. A new section is added to 1997 c 235 to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center: Replace razor ribbon wire (99-1-001)
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 1,200,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 1,200,000
NEW SECTION. Sec. 15. A new section is added to 1997 c 235 to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
McNeil Island Corrections Center: Still Harbor dock (99-2-001)
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 2,700,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 2,700,000
NEW SECTION. Sec. 16. A new section is added to 1997 c 235 to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Washington State Reformatory Farm: Dairy animal waste lagoon improvements (99-2-002)
The appropriation in this section is subject to the following conditions and limitations:
The department shall contract with the joint legislative audit and review committee to conduct a cost/benefit review of the operations of the Washington state reformatory farm. The review shall make recommendations regarding the disposition of the farm and provide a report to the office of financial management and the appropriate legislative committees September 30, 1998.
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 1,242,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 1,242,000
NEW SECTION. Sec. 17. A new section is added to 1997 c 235 (uncodified) to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Grant administration and minor improvements
The appropriation in this section is provided solely for costs associated with administration of the violent offender incarceration and truth-in-sentencing grant program to local governments and other agencies receiving a subaward from the grant and minor improvements for correctional facilities.
Appropriation:
General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . .$ 155,550
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 155,550
Sec. 18. 1997 c 235 s 301 (uncodified) is amended to read as follows:
Referendum 26 waste disposal facilities (74-2-004)
The appropriations in this section are subject to the following conditions and limitations:
(1) The reappropriation in this section is provided solely for projects under contract on or before June 30, 1997. Reappropriated funds not associated with contracted projects shall lapse on June 30, 1997. The office of financial management may grant waivers from this lapse requirement for specific projects upon findings of exceptional circumstances after notification of the chairs of the house of representatives capital budget committee and senate ways and means committee. The department shall submit a report to the office of financial management and the house of representatives capital budget committee and senate ways and means committee by December 1, 1997, listing all projects funded from the reappropriation in this section.
(2) $378,500 of the appropriation is provided for the waste water treatment plant at the city of Connell.
Reappropriation:
LIRA--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,028,749
Appropriation:
LIRA--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((210,969))
1,039,969
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 4,840,771
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 800,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ ((9,880,489))
10,709,489
Sec. 19. 1997 c 235 s 302 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Referendum 38 water supply facilities (74-2-006)
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,500,000 of the state and local improvements revolving account reappropriation is provided solely for funding the state's cost share in the water conservation demonstration project--Yakima river reregulation reservoir.
(2) The reappropriation in this section is provided solely for projects under contract on or before June 30, 1997. Reappropriated funds not associated with contracted projects shall lapse on June 30, 1997. The office of financial management may grant waivers from this lapse requirement for specific projects upon findings of exceptional circumstances after notification of the chairs of the house of representatives capital budget committee and senate ways and means committee. The department shall submit a report to the office of financial management and the house of representatives capital budget committee and senate ways and means committee by December 1, 1997, listing all projects funded from the reappropriation in this section.
(3) $1,500,000 of the state and local improvements revolving account appropriation is provided solely for funding the state's cost share of the Methow Valley irrigation district agreement.
Reappropriation:
LIRA, Water Sup Fac--State. . . . . . . . . . . . . . . . . . .$ 6,763,571
Appropriation:
LIRA, Water Sup Fac--State. . . . . . . . . . . . . . . . . . .$ ((485,495))
1,985,495
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 10,141,668
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 1,600,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ ((18,990,734))
20,490,734
Sec. 20. 1997 c 235 s 305 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Centennial clean water fund (86-2-007)
The appropriations in this section are subject to the following conditions and limitations:
(1) $25,000,000 of the appropriation is provided solely for the extended grant payment to Metro/King county.
(2) $10,000,000 of the appropriation is provided solely for an extended grant payment to Spokane for the Spokane-Rathdrum Prairie aquifer.
(3) $1,850,000 of the appropriation is provided solely for allocation for on-site sewage system projects or programs identified in local watershed plans. Of this amount, $25,000 is provided solely for the Puyallup Washington state university research and extension center for on-site septic systems, and $25,000 is provided solely for the department of health to support the work group making recommendations on the development of an on-site septic system certification program pursuant to chapter 447, Laws of 1997.
(4) $10,000,000 of the appropriation is provided for the department to establish and administer a reclaimed water demonstration program to provide grants to five demonstration projects consistent with this section, and, if enacted, chapter 355, Laws of 1997. Of this amount:
(a) $100,000 is provided solely for an interagency agreement with the department of health for monitoring the activities and progress of the demonstration projects and to refine reclaimed water standards from the results of the projects;
(b) $75,000 is provided for the department of ecology's administrative costs in funding and monitoring the activities and progress of the demonstration projects;
(c) $1,970,000 is provided solely for a grant to the city of Ephrata for a reclaimed water demonstration project;
(d) $985,000 is provided solely for a grant to the city of Royal City for a reclaimed water demonstration project;
(e) $3,398,500 is provided solely for a grant to the city of Sequim for a reclaimed water demonstration project;
(f) $3,398,500 is provided solely for a grant to the city of Yelm for a reclaimed water demonstration project; and
(g) $98,500 is provided solely for a grant to Lincoln county for a study of a reclaimed water demonstration project.
(5) A minimum of 80 percent of the remaining appropriation after allocation of subsections (1), (2), (3), and (4) of this section shall be allocated by the department for water quality implementation activities.
(6) A maximum of 20 percent of the remaining appropriation after allocation of subsections (1), (2), (3), and (4) of this section shall be allocated by the department for water quality planning activities.
(7) In awarding state-wide water quality implementation and planning grants and loans, the department shall give priority consideration to:
(a) Proposals submitted by communities with populations less than 2,500 or proposals that will be submitted by communities with populations less than 2,500 who have demonstrated an economic hardship which will prevent the completion or implementation of water quality projects; and
(b) ((Projects located in basins with critical or depressed salmonid stocks)) Allocate no less than twenty-five percent of the amount which has not been obligated as of July 1, 1998, for projects otherwise eligible under the water quality account and which have a component benefiting the recovery of priority salmonid stocks.
(8) The reappropriation in this section is provided solely for projects under contract on or before June 30, 1997. Reappropriated funds not associated with contracted projects shall lapse on June 30, 1997. The office of financial management may grant waivers from this subsection (8) for specific projects upon findings of exceptional circumstances after notification of the chairs of the house of representatives capital budget committee and senate ways and means committee. The department shall submit a report to the office of financial management and the house of representatives capital budget committee and senate ways and means committee by December 1, 1997, listing all projects funded from the reappropriation in this section.
Reappropriation:
Water Quality Account--State. . . . . . . . . . . . . . . . . .$ 38,653,000
Appropriation:
Water Quality Account--State. . . . . . . . . . . . . . . . . .$ 70,000,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 291,063,221
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 311,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 710,716,221
NEW SECTION. Sec. 21. A new section is added to 1997 c 235 to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Storm disaster recovery (99-1-001)
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 530,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 530,000
NEW SECTION. Sec. 22. A new section is added to 1997 c 235 to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Cama Beach State Park development (99-2-001)
Appropriation:
Parks Renewal and Stewardship
Account--State. . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Sec. 23. 1997 c 235 s 329 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Washington Wildlife and Recreation Program (98-2-003)
The appropriations in this section for the Washington wildlife and recreation program under chapter 43.98A RCW are subject to the following conditions and limitations:
(1) $22,500,000 of the state building construction account appropriation shall be deposited in the habitat conservation account and is hereby appropriated from the habitat conservation account to the interagency committee for outdoor recreation for the fiscal biennium ending June 30, 1999, for the Washington wildlife and recreation program under chapter 43.98A RCW.
(2) $20,000,000 of the state building account appropriation and $2,500,000 from the aquatic lands enhancement account appropriation shall be deposited in the outdoor recreation account, and $22,500,000 is hereby appropriated from the outdoor recreation account to the interagency committee for outdoor recreation for the fiscal biennium ending June 30, 1999, for the Washington wildlife and recreation program under chapter 43.98A RCW. Funds from the aquatic lands enhancement account appropriation shall be distributed to eligible water access projects under RCW 43.98A.050.
(3) The new appropriations in this section are provided for the approved list of projects included in LEAP CAPITAL DOCUMENT NO. 98-6 as developed on April 15, 1997, at 10:00 a.m., LEAP CAPITAL DOCUMENT NO. 99-1 as adopted on February 23, 1998, at 10:00 a.m., the pilot watershed plan implementation program under subsection (6) of this section, and for other projects approved by the legislature under RCW 43.98A.080 referencing this section.
(4) No moneys from the appropriations in this section may be spent on the Rocky Reach trailway project until an agreement with affected property owners has been reached.
(5) The legislature finds that, since the inception of the Washington wildlife and recreation program, over eighty-five percent of the moneys provided for the state parks category has been used for acquisition of property, and that demands for recreational facilities in state parks require that increased funding be devoted to development projects. The committee and the state parks and recreation commission shall ensure that at least forty percent of new funding provided for the state parks category during the 1997-99 biennium be allocated to development projects.
(6) $4,000,000 of the habitat conservation account appropriation from the unallocated portion of the fund distribution under RCW 43.98A.040(1)(d) is provided solely for matching grants for riparian zone habitat protection projects that implement watershed plans pursuant to this subsection. The interagency committee for outdoor recreation shall develop a pilot watershed plan implementation program within the Washington wildlife and recreation program. The program shall provide matching grants to eligible agencies for implementation of riparian zone habitat protection projects within watershed restoration plans under RCW 89.08.460(1), watershed action plans developed pursuant to rules adopted by the Puget Sound water quality action team, or plans developed pursuant to chapter 442, Laws of 1997. Projects shall have a useful life of at least thirty years. Eligible agencies include conservation districts, counties, cities, and private nonprofit land trust or nature conservancy organizations. Projects eligible for funding under this section include acquisition of land using less-than-fee-simple instruments such as conservation easements and purchase of development rights; and habitat restoration and enhancement projects on such lands including fencing and revegetation of native trees and shrubs that enhance the long-term habitat values of protected lands. The committee shall develop an application process and project eligibility and evaluation criteria in consultation with the state conservation commission. The committee shall report to the appropriate committees of the legislature on the implementation of the pilot matching grant program. A preliminary status report shall be submitted by January 1, 1998, and a final report by January 1, 1999.
(7) Up to $400,000 of the reappropriations in this section is provided to develop an inventory of all lands in the state owned by federal agencies, state agencies, local governments, and Indian tribes. The committee shall develop the inventory in a computer database format that will facilitate the sharing and reporting of inventory data and provide options for future updates. The inventory shall include, at a minimum, the following information: Owner, location, acreage, and principal use. The inventory shall also include resource-based information for state and federally-owned recreation and habitat lands. The committee shall submit a status report on the inventory to the appropriate committees of the legislature by January 1, 1999, and a final report by January 1, 2000.
(8) All land acquired by a state agency with moneys from these appropriations shall comply with class A, B, and C weed control provisions of chapter 17.10 RCW.
Reappropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 14,264,419
Aquatic Lands Acct--State. . . . . . . . . . . . . . . . . . . . .$ 33,335
ORA--State. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 21,985,067
Wildlife Account--State. . . . . . .. . . . . . . . . . . . . . . . .$ 1,398,996
Habitat Conservation Account--State. . . . . . . . . . . .$ 18,700,633
Subtotal Reappropriation. . . . . . .. . . . . . . .$ 56,382,450
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 42,500,000
Aquatic Lands Acct--State. . . . . . . . . . . . . . . . . . . . .$ 2,500,000
Subtotal Appropriation. . . . . . . . . . . . . . . .$ 45,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . .$ 101,449,844
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . .$ 200,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 402,832,294
NEW SECTION. Sec. 24. A new section is added to 1997 c 235 to read as follows:
FOR THE STATE CONSERVATION COMMISSION
Conservation Reserve Enhancement Program
The amounts in this section are provided solely for implementation of salmon restoration projects coordinated by sections 7 through 11 of Substitute House Bill No. 2496 (salmon recovery plan). If these sections of Substitute House Bill No. 2496 are not enacted by June 30, 1998, the appropriation in this section shall lapse. The appropriation in this section shall be expended solely for the conservation reserve enhancement program to provide grants to conservation districts to assist land owners to protect and restore riparian zones in areas with salmon stocks and a minimum of $420,000 shall be allocated to an evolutionarily significant unit east of the Cascade mountain range, a minimum of $1,512,000 to the lower Columbia river evolutionarily significant unit, a minimum of $2,100,000 to the Puget Sound evolutionarily significant unit, and a minimum of $420,000 to the tri-county water resource agency for projects and activities recommended by the Yakima river watershed council.
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 4,500,000
Salmon Recovery
Account--State. . . . . . . . . . . . . . . . . . . . . .$ 500,000
Subtotal Appropriation. . . . . . . . . . . . . . . .$ 5,000,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 5,000,000
Sec. 25. 1997 c 235 s 344 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Water access and development (96-2-027)
Reappropriation:
ORA--State. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 997,000
Appropriation:
ORA--State. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 135,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 1,057,600
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ ((2,054,600))
2,189,600
Sec. 26. 1997 c 235 s 352 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Coast and Puget Sound wild salmonid habitat restoration (98-1-009)
No less than twenty-five percent of that portion of the appropriation under this section that has not been obligated as of March 1, 1998, shall be expended on projects for the recovery of priority salmonid stocks.
Reappropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 1,428,770
Appropriation:
General Fund--Federal. . . . . . . . . . . . . . . . . . . . . . . .$ 800,000
General Fund--Private/Local. .. . . . . . . . . . . . . . . . .$ 800,000
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 3,500,000
Subtotal Appropriation. . . . . . . . . . . . . . . .$ 5,100,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 8,986,230
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 22,400,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 37,915,000
NEW SECTION. Sec. 27. A new section is added to 1997 c 235 to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Salmon restoration
The amounts in this section are provided solely for implementation of salmon restoration projects coordinated by sections 7 through 11 of Substitute House Bill No. 2496 (salmon recovery plan). If these sections of Substitute House Bill No. 2496 are not enacted by June 30, 1998, the appropriation in this section shall lapse. The appropriation in this section shall be expended as follows:
If $5,000,000 or more is appropriated in the 1998 transportation appropriations act to the advanced environmental mitigation revolving account, the appropriation in this section shall be distributed as follows:
(1) $842,000 for the lower Columbia river evolutionarily significant unit.
(2) Twenty-five percent of the remaining appropriation for salmon habitat restoration and mitigation and fish passage barrier projects on land owned or managed by the department of fish and wildlife.
(3) Fifty percent of the remaining appropriation for the department to establish a program of competitive grants to local governments and regional fisheries enhancement groups for salmon habitat restoration and mitigation projects and fish passage barrier projects.
(4) Twenty-five percent of the remaining appropriation for salmon habitat restoration and mitigation and fish passage barrier projects that the department has determined to be priority projects. The distribution of money for priority projects may be in the form of grants to local governments, regional fisheries enhancement groups, and other state agencies.
(5) The projects selected for funding in subsections (2) through (4) of this section shall be based on a priority index developed by the department that yields the highest return of ecological benefit.
If less than $5,000,000 is appropriated in the 1998 transportation appropriations act to the advanced environmental mitigation revolving account, $3,000,000 of the appropriation in this section shall be deposited in the advanced environmental mitigation revolving account.
Appropriation:
Salmon Recovery Account--State. . . . . . . .. . . . . . . .$ 5,000,000
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 750,000
Subtotal Appropriation. . . . . . . . . . . . . . . .$ 5,750,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 5,750,000
NEW SECTION. Sec. 28. A new section is added to 1997 c 235 to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Natural Resources real property replacement (99-2-001)
Appropriation:
Nat Res Prop Repl Acct--State.. . . . . . . . . . . . . . . . .$ 9,400,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 9,400,000
NEW SECTION. Sec. 29. A new section is added to 1997 c 235 to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Land bank program to enhance trust land holdings (99-2-002)
Appropriation:
Resource Management Cost
Account--State. . . . . . . . . . . . . . . . . . . . . .$ 1,800,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 1,800,000
NEW SECTION. Sec. 30. A new section is added to 1997 c 235 to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Arlington Survey Boundary Dispute. To purchase land as part of the settlement agreement to resolve claims and litigation over a survey boundary dispute near the town of Arlington in Snohomish county.
Appropriation:
For Dev Acct--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,600,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 2,600,000
Sec. 31. 1997 c 235 s 393 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Jobs for the Environment (98-2-009)
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations shall be used solely for the jobs for the environment program to achieve the following goals:
(a) Restore and protect watersheds to benefit anadromous fish stocks, consistent with the limitations of subsection (8) of this section, including critical or depressed stocks as determined by the department of fish and wildlife;
(b) Conduct watershed restoration and protection projects primarily on state lands in coordination with federal, local, tribal, and private sector efforts; and
(c) Create market wage jobs with benefits in environmental restoration for displaced workers in rural natural resource impact areas, as defined under RCW 43.31.601(2).
(2) Except as provided in subsection (5) of this section and consistent with the limitations of this section, the appropriations are solely for projects selected by the department of natural resources, in consultation with an interagency task force consisting of the department of fish and wildlife, other appropriate state agencies, tribal governments, local governments, the federal government, labor and other interested stakeholders. In recommending projects for funding the task force shall use the following criteria:
(a) The extent to which the project, using best available science, addresses habitat factors limiting fish and wildlife populations;
(b) The number, duration and quality of jobs to be created or retained by the project for displaced workers in natural resource impact areas;
(c) The extent to which the project will help avoid the listing of threatened or endangered species or provides for the recovery of species already listed;
(d) The extent to which the project will augment existing federal, state, tribal or local watershed planning efforts or completed watershed restoration and conservation plans;
(e) The cost effectiveness of the project;
(f) The availability of matching funds; and
(g) The demonstrated ability of the project sponsors to administer the project.
(3) Funds expended shall be used for specific projects and not for ongoing operational costs. Eligible projects include, but are not limited to, closure or improvement of forest roads, repair of culverts, cleanup of stream beds, removal of fish barriers, installation of fish screens, fencing of streams, and construction and planting of fish cover. Funds may also be expended for planning, design, engineering, and monitoring of eligible projects.
(4) The department of natural resources and the department of fish and wildlife, in consultation with the office of financial management and other appropriate agencies, shall report to the appropriate committees of the legislature by January 1, 1998, and January 1, 1999, on the results of expenditures from the appropriations.
(5) $800,000 of the appropriations in this section is provided solely for watershed restoration programs to be completed by the department of ecology's Washington conservation corps crews.
(6) All projects funded under this section shall be consistent with any development regulations or comprehensive plans adopted under the growth management act for the project areas. No funds may be expended to acquire land through condemnation.
(7) Projects under contract as of June 1, 1997, shall be given first priority for funding under the appropriations in this section.
(8) No less than twenty-five percent of the remainder of the appropriations under this section that have not been obligated as of July 1, 1998, shall be expended on projects for the recovery of priority salmonid stocks.
Appropriation:
For Dev Acct--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 500,000
Resource Management Cost
Account--State. . . . . . . . . . . . . . . . . . . . . .$ 1,500,000
Water Quality Account--State. . . . . . . . . . . . . . . . . .$ 7,133,000
Subtotal Appropriation. . . . . . . . . . . . . . . .$ 9,133,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 23,067,000
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 40,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 72,200,000
NEW SECTION. Sec. 32. A new section is added to 1997 c 235 to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Distribution of excess funds from the forest development account: For distribution of state forest land revenues to taxing authorities receiving such revenue during the calendar year 1993 through calendar year 1997
(1) Within fifteen days of the effective date of this act the department shall transmit funds in the amounts specified in subsection (3) of this section to the county treasurers of the counties receiving the funds.
(2) The county treasurer of the counties listed in this section shall distribute funds received from this appropriation to taxing authorities in proportion to the state forest transfer land funds distributed to the taxing authorities based on information available for the calendar years 1993 through 1997. Funds to be credited to the state of Washington and funds credited to school district general levies shall be remitted to the state of Washington within thirty days after the effective date of this act for deposit into the salmon recovery account.
(3) Funds shall be distributed in the following amounts:
Clallam. . . . . . . . . . . . . . . . . . .$ 1,847,473
Clark. . . . . . . . . . . . . . . . . . . . .$ 508,782
Cowlitz. . . . . . . . . . . . . . . . . . .$ 433,013
Grays Harbor.. . . . . . . . . . . . . .$ 454,016
Jefferson. . . . . . . . . . . . . . . . . .$ 222,289
King. . . . . . . .. . . . . . . . . . . . . .$ 352,016
Kitsap. . . . . . . . . . . . . . . . . . . .$ 174,374
Klickita. . . . . . . . . . . . . . . . . . .$ 62,613
Lewis. . . . . . .. . . . . . . . . . . . . .$ 1,558,708
Mason. . . . . . . . . . . . . . . . . . . .$ 258,289
Pacific. . . . . . . . . . . . . . . . . . . .$ 385,900
Pierce. . . . . . .. . . . . . . . . . . . . .$ 135,405
Skagit. . . . . . .. . . . . . . . . . . . . .$ 1,606,164
Skamania. . . .. . . . . . . . . . . . . .$ 258,247
Snohomish. . .. . . . . . . . . . . . . .$ 1,590,489
Stevens. . . . . .. . . . . . . . . . . . . .$ 4,992
Thurston. . . . . . . . . . . . . . . . . .$ 893,263
Wahkiakum . . . . . . . . . . . . . .$ 411,273
Whatcom. . . .. . . . . . . . . . . . . .$ 842,685
TOTAL. . .. . . . . . . . . . . . . . . . .$ 12,000,000
Appropriation:
For Dev Acct--State . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12,000,000
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 12,000,000
Sec. 33. 1997 c 235 s 506 (uncodified) is amended to read as follows:
FOR THE STATE SCHOOL FOR THE DEAF
New cottages: Design and construction (98-2-001)
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ ((4,606,600))
4,786,600
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ ((4,606,600))
4,786,600
Sec. 34. 1997 c 235 s 510 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
Old Physics Hall (Mary Gates Hall): Design and construction (92-2-008)
The reappropriation in this section is subject to the review and allotment procedures under section 712 of this act.
Reappropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ ((30,028,248))
31,328,248
UW Bldg Acct--State. . . . . . . . .. . . . . . . . . . . . . . . . .$ 305,891
Subtotal Reappropriation. . . . . . .. . . . . . . .$ ((30,334,139))
31,634,139
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 4,772,861
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((35,107,000))
36,407,000
Sec. 35. 1997 c 235 s 523 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
Health Sciences Center BB Tower Elevators--Design and construction: To design and construct the addition of one elevator and upgrading of the existing elevators in the health sciences center BB-wing and tower (96-1-007)
The reappropriation in this section is subject to the review and allotment procedures under section 712 of this act.
Reappropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ ((4,961,992))
561,992
UW Bldg Acct--State. . . . . . . . .. . . . . . . . . . . . . . . . .$ 208,546
Subtotal Reappropriation. . . . . . .. . . . . . . .$ ((5,170,538))
770,538
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 22,061
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((5,192,599))
792,599
Sec. 36. 1997 c 235 s 525 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
Hogness/Health Sciences Center lobby: Americans with Disabilities Act improvements (96-1-022)
Reappropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ ((1,253,070))
1,353,070
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 46,930
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,300,000))
1,400,000
Sec. 37. 1997 c 235 s 526 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
Fisheries Science-Oceanography Science Building: Construction (96-2-006)
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriation in this section is subject to the review and allotment procedures under section 712 of this act.
(2) The department of general administration is directed, in keeping with section 152 of this act, to sell the Wellington Hills property as a means of partially offsetting the cost of this project with the proceeds of such sale being deposited into the state building and construction account.
Reappropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 3,449,850
UW Bldg Acct--State. . . . . . . . .. . . . . . . . . . . . . . . . .$ 1,548,150
Subtotal Reappropriation. . . . . . .. . . . . . . .$ 4,998,000
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ ((33,590,000))
36,090,000
H Ed Constr Acct--State. . . . . .. . . . . . . . . . . . . . . . .$ 32,507,000
UW Bldg Acct--State. . . . . . . . .. . . . . . . . . . . . . . . . .$ 2,834,154
Subtotal Appropriation. . . . . . . . . . . . . . . .$ ((68,931,154))
71,431,154
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 3,865,597
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((77,794,751))
80,294,751
Sec. 38. 1997 c 235 s 527 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
Social Work third floor addition--Design and construction: To design and construct a 12,000 gross square foot partial third floor addition to the Social Work and Speech and Hearing Sciences Building (96-2-010)
Reappropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ ((2,708,800))
3,208,800
UW Bldg Acct--State. . . . . . . . .. . . . . . . . . . . . . . . . .$ 126,400
Subtotal Reappropriation. . . . . . .. . . . . . . .$ ((2,835,200))
3,335,200
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 80,400
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,915,600))
3,415,600
NEW SECTION. Sec. 39. A new section is added to 1997 c 235 to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
Kincaid Fire Damage (99-1-001)
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 1,424,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 1,424,000
NEW SECTION. Sec. 40. A new section is added to 1997 c 235 to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
Nuclear reactor: Decommissioning (99-2-009)
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 1,200,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 1,200,000
Sec. 41. 1997 c 235 s 542 (uncodified) is amended to read as follows:
FOR WASHINGTON STATE UNIVERSITY
Veterinary Teaching Hospital--Construction: To construct, equip, and furnish a new teaching hospital for the department of veterinary medicine and surgery (92-2-013)
The reappropriation in this section is subject to the review and allotment procedures under section 712 of this act.
Reappropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 77,884
H ED Constr Acct--State. . . . . .. . . . . . . . . . . . . . . . .$ 239,098
Subtotal Reappropriation. . . . . . .. . . . . . . .$ 316,982
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 3,000,000
WSU Bldg Acct--State. . . . . . . .. . . . . . . . . . . . . . . . .$ 500,000
Subtotal Appropriation. . . . . . . . . . . . . . . .$ 3,500,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 33,628,518
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((33,945,500))
37,445,500
Sec. 42. 1997 c 235 s 566 (uncodified) is amended to read as follows:
FOR WASHINGTON STATE UNIVERSITY
Intercollegiate Center for Nursing Education: Telecommunications (96-2-915)
Reappropriation:
((St Bldg Constr Acct--State))
WSU Bldg Acct--State. . . . . . . .. . . . . . . . . . . . . . . . .$ 524,386
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 975,614
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,500,000
Sec. 43. 1997 c 235 s 567 (uncodified) is amended to read as follows:
FOR WASHINGTON STATE UNIVERSITY
Minor works: Preservation (98-1-004)
The appropriation in this section is subject to the following conditions and limitations:
The appropriation shall support the detailed list of projects maintained by the office of financial management.
Appropriation:
WSU Bldg Acct--State. . . . . . . .. . . . . . . . . . . . . . . . .$ ((5,553,000))
5,053,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 24,000,000
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((29,553,000))
29,053,000
Sec. 44. 1997 c 235 s 579 (uncodified) is amended to read as follows:
FOR WASHINGTON STATE UNIVERSITY
Washington State University Vancouver: Phase II (98-2-911)
The appropriation in this section is subject to the following conditions and limitations:
(1) No money from this appropriation may be expended that would be inconsistent with the recommendations of the higher education coordinating board.
(2) The appropriation in this section is subject to the review and allotment procedures under section 712 of this act.
(3) The engineering and multimedia buildings to be designed under this appropriation shall serve at least 950 additional student full-time equivalents. Funding is also provided to construct campus infrastructure and physical plant shops.
(4) $1,000,000 of the appropriation in this section is provided solely to reserve or acquire transportation capacity and traffic impact fee credits associated with the development of the Vancouver branch campus.
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 13,500,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 123,000,000
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 136,500,000
Sec. 45. 1997 c 235 s 594 (uncodified) is amended to read as follows:
FOR EASTERN WASHINGTON UNIVERSITY
Minor works: Program (98-2-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation shall support the detailed list of projects maintained by the office of financial management.
(2) Up to $30,000 may be used for design of a residence for the president of the university.
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ ((500,000))
530,000
EWU Cap Proj Acct--State. . . .. . . . . . . . . . . . . . . . .$ 1,200,000
Subtotal Appropriation. . . . . . . . . . . . . . . .$ ((1,700,000))
1,730,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . .$ 10,018,000
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((11,718,000))
11,748,000
Sec. 46. 1997 c 235 s 606 (uncodified) is amended to read as follows:
FOR CENTRAL WASHINGTON UNIVERSITY
((Boiler Plant: Expansion)) Heating system improvements (98-1-030)
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 1,450,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
-------------
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,450,000
Sec. 47. 1997 c 235 s 611 (uncodified) is amended to read as follows:
FOR CENTRAL WASHINGTON UNIVERSITY
SeaTac Center Building: ((Renovation)) Facility improvements (98-2-010)
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 662,500
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 662,500
Sec. 48. 1997 c 235 s 612 (uncodified) is amended to read as follows:
FOR CENTRAL WASHINGTON UNIVERSITY
Lynnwood Extended Degree Center: Facility design (98-2-080)
Appropriation:
((St Bldg Constr Acct--State))
CWU Cap Proj Acct--State. . . .. . . . . . . . . . . . . . . . .$ 1,000,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Sec. 49. 1997 c 235 s 659 (uncodified) is amended to read as follows:
FOR THE STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES
Asbestos abatement (96-1-002)
Reappropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 484,317
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 700,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 1,142,040
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,626,357))
2,326,357
NEW SECTION. Sec. 50. A new section is added to 1997 c 235 to read as follows:
FOR THE STATE BOARD OF COMMUNITY AND TECHNICAL COLLEGES
Lower Columbia College: Library heating system (99-1-003)
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 512,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . .$ 512,000
Sec. 51. 1997 c 235 s 661 (uncodified) is amended to read as follows:
FOR THE STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES
For roof repairs at various colleges in the system and for stabilization of Corbet Hall at Centralia Community College and development of alternatives for the replacement of Corbet Hall (96-1-010)
Reappropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 1,824,529
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 3,581,471
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,406,000
Sec. 52. 1997 c 235 s 681 (uncodified) is amended to read as follows:
FOR THE STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES
For roof repairs at various colleges in the system and for stabilization of Corbet Hall at Centralia Community College and development of alternatives for the replacement of Corbet Hall (98-1-010)
Appropriation:
St Bldg Constr Acct--State. . . . . . . . . . . . . . . . . . . . .$ 11,580,400
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . .$ 41,000,000
TOTAL. . .. . . . . . . . . . . . . . . . .$ 52,580,400
Sec. 53. 1997 c 235 s 702 (uncodified) is amended to read as follows:
ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS. The following agencies may enter into financial contracts, paid for from operating revenues, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. When securing properties under this section, agencies shall use the most economical financial contract option available, including long-term leases, lease-purchase agreements, lease-development with option to purchase agreements or financial contracts using certificates of participation. The director of general administration shall ensure that the clustering of state facilities and the collocation and consolidation of state agencies take place where such configurations are economical and consistent with agency space needs. Agencies shall assist the department of general administration with facility collocation and consolidation efforts.
State agencies may enter into agreements with the department of general administration and the state treasurer's office to develop requests to the legislature for acquisition of properties and facilities through financial contracts. The agreements may include charges for services rendered.
(1) Department of general administration:
(a) Enter into a financing contract in the amount of $8,804,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW, to purchase an existing office building and associated land in Yakima for use by the department of social and health services.
(b) ((Enter into a financing contract on behalf of the joint center for higher education for $8,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW, to purchase and make modifications to the Riverpoint One Building adjacent to the Riverpoint Campus. A financial plan identifying all costs related to this project, and the sources and amounts of all payments to cover these costs and a copy of the appraisal and engineering assessment shall be submitted for approval to both the office of financial management and the higher education coordinating board for approval before execution of any contract.
Copies of the financial plan shall also be submitted to the senate ways and means committee and the house of representatives capital budget committee.)) Enter into a financing contract in the amount of $2,874,100 plus financing expenses and required reserves pursuant to chapter 39.94 RCW, to purchase and renovate the old federal building and associated land in Olympia for use by the secretary of state.
(d) Enter into a financing contract in the amount of $6,990,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW, to buy out the lease and make improvements to the old Thurston county courthouse for use by the office of attorney general. The department of general administration shall advise and assist the office of attorney general on space and functional planning to improve the efficient use of the facility.
(2) Liquor control board:
Enter into a long-term lease for a headquarters office in Thurston County for approximately 46,000 square feet.
(3) Department of corrections:
(a) Enter into a long-term ground lease for 17 acres in the Tacoma tide flats property from the Puyallup Nation for development of the 400-bed Tacoma prerelease facility for approximately $360,000 per annum. Prior to entering into the lease, the department shall obtain written confirmation from the city of Tacoma and Pierce county that the prerelease facility planned for the site meets all land use, environmental protection, and community notification requirements that would apply to the facility if the land was not owned by the Puyallup nation.
(b) Enter into a financing contract on behalf of the department of corrections in the amount of $14,736,900 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a 400-bed Tacoma prerelease facility. The department of corrections shall comply with all land use, environmental protection, and community notification statutes, regulations, and ordinances in the construction and operation of this facility.
(c) Lease-develop with the option to purchase or lease-purchase approximately 100 work release beds in facilities throughout the state for $5,000,000.
(d) Enter into a financing contract on behalf of the department of corrections in the amount of $396,369 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a dairy barn at the Monroe farm.
(e) Enter into a financing contract on behalf of the department of corrections in the amount of $2,100,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase or construct a correctional industries transportation services warehouse.
(4) Community and technical colleges:
(a) Enter into a financing contract on behalf of Whatcom Community College in the amount of $800,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to develop a childcare center costing $2,410,000. The balance of project cost will be a combination of local capital funds and nonstate funds provided through private gifts or contributions.
(b) Enter into a financing contract on behalf of Pierce College in the amount of $750,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to develop a new classroom building on the Lakewood campus costing $1,816,665. The balance of project cost will be provided through a combination of local capital funds and existing minor works appropriation to replace relocatable classrooms that are at the end of their useful lives.
(c) Enter into a financing contract in behalf of Bellingham Technical College in the amount of $350,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for construction of a new classroom addition to the diesel/heavy equipment instructional shop costing $411,309.
(d) Enter into a financing contract on behalf of Green River Community College in the amount of $1,526,150 plus financing expenses and reserves pursuant to chapter 39.94 RCW for remodel of the Lindbloom student center building.
(e) Enter into a financing contract on behalf of Edmonds Community College in the amount of $2,787,950 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to ((purchase and make improvements to several buildings and property contiguous to the college campus)) develop a 10,000 square foot music building on the college campus.
(f) Enter into a financing contract on behalf of Highline Community College in the amount of $2,070,613 plus financing and required reserves pursuant to chapter 39.94 RCW for the purchase of the Federal Way Center, currently being leased by the college.
(g) Enter into a financial contract on behalf of Green River Community College in the amount of $100,000 plus financing and required reserves pursuant to chapter 39.94 RCW to purchase approximately 1.5 acres of land adjacent to the westside parking lot.
(h) Enter into a financial contract on behalf of South Puget Sound Community College in the amount of $619,210 plus financing and required reserves pursuant to chapter 39.94 RCW to expand and redevelop the main campus parking lot A.
(i) Enter into a financial contract on behalf of South Puget Sound Community College in the amount of $5,500,000 plus financing and required reserves pursuant to chapter 39.94 RCW to develop a $6,500,000 student union facility.
(j) Enter into a financial contract on behalf of Wenatchee Valley College in the amount of $500,000 plus financing and required reserves pursuant to chapter 39.94 RCW to purchase two buildings and property contiguous to the college campus.
(5) State parks and recreation:
Enter into a financing contract on behalf of state parks and recreation in the amount of $2,012,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW, to construct cabin and lodge facilities at Cama Beach, develop new campsite electrical hookups, develop new recreational facilities, and expand campsites at Ocean Beach/Grayland. It is the intent of the legislature that debt service on all projects financed under this authority be paid from operating revenues.
(6) ((Central Washington University:
Enter into a financing contract for $3,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase and improve the Sno-King Building for the Lynnwood Extended Degree Center. A financial plan identifying all costs related to this project, and the sources and amounts of all payments to cover these costs and a copy of the building appraisal and engineering assessment shall be submitted for approval to the office of financial management before execution of any contract. Copies of the financial plan shall also be submitted to the senate ways and means committee and the house of representatives capital budget committee.
(7))) Washington state patrol:
Enter into a financing contract for $600,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase the Washington state patrol Port Angeles detachment office.
NEW SECTION. Sec. 54. A new section is added to 1997 c 235 to read as follows:
The office of financial management will convene a working group of state agencies, higher education institutions, the office of the attorney general, and representatives of the design profession and construction industry to develop a strategy to manage the risks and reduce the potential for claims and litigation associated with state construction projects. This strategy shall include the enumeration of best practices for the management of project risk and conflicts, in order to minimize future expenses related to construction claims. A report on the findings and recommendations of this working group will be presented to the house of representatives capital budget committee and senate ways and means committee by October 31, 1998.
Sec. 55. RCW 76.12.110 and 1988 c 128 s 31 are each amended to read as follows:
There is created a forest development account in the state treasury. The state treasurer shall keep an account of all sums deposited therein and expended or withdrawn therefrom. Any sums placed in the account shall be pledged for the purpose of paying interest and principal on the bonds issued by the department, and for the purchase of land for growing timber. Any bonds issued shall constitute a first and prior claim and lien against the account for the payment of principal and interest. No sums for the above purposes shall be withdrawn or paid out of the account except upon approval of the department.
Appropriations may be made by the legislature from the forest development account to the department for the purpose of carrying on the activities of the department on state forest lands, lands managed on a sustained yield basis as provided for in RCW 79.68.040, and for reimbursement of expenditures that have been made or may be made from the resource management cost account in the management of state forest lands. For the 1997-99 fiscal biennium, moneys from the account shall be distributed as directed in the omnibus appropriations act to the beneficiarieof the revenues derived from state forest lands. Funds that accrue to the state from such a distribution shall be deposited into the salmon recovery account, hereby created in the state treasury. Funds appropriated from the salmon recovery account shall be used for efforts to restore endangered anadromous fish stocks.
NEW SECTION. Sec. 56. 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."
On page 1, line 1 of the title, after "budget;" strike the remainder of the title and insert "amending RCW 76.12.110; amending 1997 c 235 ss 152, 219, 241, 245, 247, 249, 301, 302, 305, 329, 344, 352, 393, 506, 510, 523, 525, 526, 527, 542, 566, 567, 579, 594, 606, 611, 612, 659, 661, 681, and 702 (uncodified); adding new sections to 1997 c 235; making appropriations and authorizing expenditures for capital improvements; and declaring an emergency.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Johnson, the Senate refuses to concur in the House amendments to Substitute Senate Bill No. 6455 and requests of the House a conference thereon.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on Substitute Senate Bill No. 6455 and the House amendment(s) thereto: Senators Strannigan, Fraser and Rossi.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MOTION
On motion of Senator Johnson, the message on requesting a Conference Committee on Substitute Senate Bill No. 6455 was immediately transmitted to the House of Representatives.
CHANGE IN CONFERENCE COMMITTEE APPOINTEE TO SUBSTITUTE SENATE BILL NO. 6119
There being no objection, the President appointed Senator Haugen to replace Senator Patterson as a conferee to Substitute Senate Bill No. 6119.
MESSAGE FROM THE HOUSE
March 10, 1998
MR. PRESIDENT:
The Speaker has signed ENGROSSED SUBSTITUTE HOUSE NO. 2596, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2596.
MESSAGE FROM THE HOUSE
March 7, 1998
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED HOUSE BILL NO. 3003 and asks the Senate to recede therefrom, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Johnson, the Senate receded from the Senate amendment(s) to Engrossed House Bill No. 3003.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 3003, without the Senate amendment(s).
Debate ensued.
Senator Schow requested that Senator Heavey yield to a question, but Senator Heavey would not yield.
MOTIONS
On motion of Senator Hale, Senators McDonald, Strannigan and West were excused.
On motion of Senator Franklin, Senator Spanel was excused.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 3003, without the Senate amendment(s), and the bill failed to pass the Senate by the following vote: Yeas, 24; Nays, 21; Absent, 0; Excused, 4.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Jacobsen, Johnson, Long, McCaslin, Morton, Newhouse, Oke, Prentice, Prince, Rossi, Schow, Sellar, Sheldon, T., Stevens, Swecker, Wood and Zarelli - 24. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kline, Kohl, Loveland, McAuliffe, Patterson, Rasmussen, Roach, Sheldon, B., Snyder, Thibaudeau, Winsley and Wojahn - 21. Excused: Senators McDonald, Spanel, Strannigan and West - 4. ENGROSSED HOUSE BILL NO. 3003, without the Senate amendment(s), having failed to receive the constitutional majority, was declared lost.
NOTICE FOR RECONSIDERATION
Having voted on the prevailing side, Senator Winsley served notice that she would move to reconsider the vote by which Engrossed House Bill No. 3003, without the Senate amendment(s), failed to pass the Senate.
MOTION FOR IMMEDIATE RECONSIDERATION
Having voted on the prevailing side, Senator Snyder moved that the Senate immediately reconsider the vote by which Engrossed House Bill No. 3003, without the Senate amendment(s), failed to pass the Senate.
Senator Johnson demanded a roll call and the demand was sustained.
PARLIAMENTARY INQUIRY
Senator Heavey: “A point of parliamentary inquiry, Mr. President. The prevailing side was the one with the most votes, which was twenty-four, although the bill did fail, the prevailing side was twenty-four. Senator Winsley was not among the twenty-four.”
REPLY BY THE PRESIDENT
President Owen: “The prevailing side failed and Senator Winsley was on the prevailing side, Senator Heavey.”
PARLIAMENTARY INQUIRY
Senator Snyder: “Mr. President, would you explain the vote? If we vote, 'aye,' does that mean then that we take another vote--if the motion to immediately reconsider prevails, then we take another vote?”
REPLY BY THE PRESIDENT
President Owen: “That would be correct. The motion is to whether or not you are going to take another vote on passage of the bill.”
PARLIAMENTARY INQUIRY
Senator Johnson: “Mr. President, by way of a parliamentary inquiry. Senator Snyder asked the question, the vote now is to whether to immediately reconsider, not whether to reconsider at all. Is that correct? So, if this motion were to fail, this matter could be reconsidered under the rules, at some later time?”
REPLY BY THE PRESIDENT
President Owen: “That is correct. If, in fact, the motion by Senator Snyder passes, we would then immediately reconsider the vote. If his motion fails, then the vote could be reconsidered at another time.”
Senator Johnson: “I'm not sure I understood that, but if this vote fails--the motion that is before us now--pursuant to the rules, it can be considered at a later time?”
President Owen: “Senator Winsley's notice would still be in effect--the notice for reconsideration.”
Debate ensued.
The President declared the question before the Senate to be the roll call on the motion by Senator Snyder to immediately reconsider the vote by which Engrossed House Bill No. 3003, without the Senate amendment(s), failed to pass the Senate.
ROLL CALL
The Secretary called the roll and the motion for immediate reconsideration failed by the following vote: Yeas, 22; Nays, 23; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Thibaudeau and Wojahn - 22. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rossi, Schow, Sellar, Stevens, Swecker, Winsley, Wood and Zarelli - 23. Absent: Senator Roach - 1. Excused: Senators Spanel, Strannigan and West - 3.
There being no objection, the President advanced the Senate to the fifth order of business.
INTRODUCTION AND FIRST READING
SCR 8430 by Senators McDonald and Sellar
Exempting specified matters from the cutoff resolution.
MOTION
On motion of Senator Johnson, the rules were suspended, Senate Concurrent Resolution No. 8430 was advanced to second reading and read the second time.
SENATE CONCURRENT RESOLUTION NO. 8430
WHEREAS, Senate Concurrent Resolution No. 8423 established cutoff dates for consideration of legislation during the 1998 Regular Session of the Fifty-Fifth Legislature;
NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, the House of Representatives concurring, That the cutoff dates established in Senate Concurrent Resolution No. 8423 shall not apply to: Tax measures; measures necessary to implement budgets; and measures related to state and local transportation, implementation of recommendations of the land use study commission, rural economic development, or the Hanford Reach.
MOTION
Senator Snyder moved that the following amendments by Senators Snyder and Fraser be considered simultaneously and be adopted:
On page 1, line 9, after "commission," insert "or"
On page 1, line 10, after "development" strike ", or the Hanford Reach"
Debate ensued.
Senator Johnson demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the adoption of the amendments by Senators Snyder and Fraser on page 1, lines 9 and 10, to Senate Concurrent Resolution No. 8430.
ROLL CALL
The Secretary called the roll and the amendments were not adopted by the following vote: Yeas, 22; Nays, 23; Absent, 1; Excused, 3.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Thibaudeau and Wojahn - 22. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rossi, Schow, Sellar, Stevens, Swecker, Winsley, Wood and Zarelli - 23. Absent: Senator Roach - 1. Excused: Senators Spanel, Strannigan and West - 3.
MOTION
On motion of Senator Johnson, further consideration of Senate Concurrent Resolution No. 8430 was deferred.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 7, 1998
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to Substitute House Bill No. 2459 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Van Luven, Dunn and Veloria.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Winsley, the Senate refuses to grant the request of the House for a conference on Substitute House Bill No. 2459 and the Senate amendment(s) thereto.
MOTION
On motion of Senator Winsley, the rules were suspended, Substitute House Bill No. 2459 was returned to second reading and read the second time.
MOTION
On motion of Senator Prentice, the following amendment was adopted:
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 35.82.040 and 1995 c 293 s 1 are each amended to read as follows:
Except as provided in section 2 of this act, when the governing body of a city adopts a resolution declaring that there is a need for a housing authority, it shall promptly notify the mayor of such adoption. Upon receiving such notice, the mayor shall appoint five persons as commissioners of the authority created for the city. When the governing body of a county adopts a resolution declaring that there is a need for a housing authority, it shall appoint five persons as commissioners of the authority created for the county. The commissioners who are first appointed shall be designated to serve for terms of one, two, three, four and five years, respectively, from the date of their appointment, but thereafter commissioners shall be appointed for a term of office of five years except that all vacancies shall be filled for the unexpired term. No commissioner of an authority may be an officer or employee of the city or county for which the authority is created, unless the commissioner is an employee of a separately elected county official other than the county governing body in a county with a population of less than one hundred seventy-five thousand as of the 1990 federal census, and the total government employment in that county exceeds forty percent of total employment. A commissioner shall hold office until a successor has been appointed and has qualified, unless sooner removed according to this chapter. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. A commissioner shall receive no compensation for his or her services for the authority, in any capacity, but he or she shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties.
The powers of each authority shall be vested in the commissioners thereof in office from time to time. Except as provided in section 2 of this act, three commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of the commissioners present, unless in any case the bylaws of the authority shall require a larger number. The mayor (or in the case of an authority for a county, the governing body of the county) shall designate which of the commissioners appointed shall be the first chair of the commission and he or she shall serve in the capacity of chair until the expiration of his or her term of office as commissioner. When the office of the chair of the authority becomes vacant, the authority shall select a chair from among its commissioners. An authority shall select from among its commissioners a vice-chair, and it may employ a secretary (who shall be executive director), technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may call upon the chief law officer of the city or the county or may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper.
NEW SECTION. Sec. 2. A new section is added to chapter 35.82 RCW to read as follows:
(1) After the effective date of this section, the governing body of a city with a population of four hundred thousand or more, that has created a housing authority under RCW 35.82.040, shall adopt a resolution to expand the number of commissioners on the housing authority from five to seven. Upon receiving the notice, the mayor, with approval of the city council, shall appoint additional persons as commissioners of the authority created for the city.
(2) In appointing commissioners, the mayor shall consider persons that represent the community, provided that two commissioners shall consist of tenants that reside in a housing project that is owned by the housing authority.
(3) After the effective date of this section, all commissioners shall be appointed to serve four-year terms, except that all vacancies shall be filled for the remainder of the unexpired term. A commissioner of an authority may not be an officer or employee of the city for which the authority is created. A commissioner shall hold office until a successor has been appointed and has qualified, unless sooner removed according to this chapter.
(4) A commissioner may be reappointed only after review and approval by the city council.
(5) A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk and the certificate is conclusive evidence of the due and proper appointment of the commissioner.
(6) A commissioner shall receive no compensation for his or her services for the authority, in any capacity, but he or she is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties.
(7) The powers of each authority vest in the commissioners of the authority in office from time to time. Four commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of the commissioners present, unless in any case the bylaws of the authority shall require a larger number.
(8) The mayor, with consent of the city council, shall designate which of the commissioners appointed shall be the first chair of the commission and he or she shall serve in the capacity of chair until the expiration of his or her term of office as commissioner. When the office of the chair of the authority becomes vacant, the authority shall select a chair from among its commissioners. An authority shall select from among its commissioners a vice-chair, and the authority may employ a secretary, who shall be executive director, technical experts and such other officers, agents, and employees, permanent and temporary, as the authority requires, and shall determine their qualifications, duties, and compensation.
(9) For such legal services as it may require, an authority may call upon the chief law officer of the city or may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper.
Sec. 3. RCW 35.82.050 and 1965 c 7 s 35.82.050 are each amended to read as follows:
(1) No commissioner ((or)), employee ((of an authority)), or appointee to any decision-making body for the housing authority shall ((acquire any interest direct or indirect in any housing project or in any property included or planned to be included in any project, nor shall he have any interest direct or indirect in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project)) own or hold an interest in any contract or property or engage in any business, transaction, or professional or personal activity, that would:
(a) Be, or appear to be, in conflict with the commissioner's, employee's, or appointee's official duties to any decision-making body for the housing authority duties relating to the housing authority served by or subject to the authority of such commissioner, employee, or appointee to any decision-making body for the housing authority;
(b) Secure, or appear to secure, unwarranted privileges or advantages for such commissioner, employee, or appointee to any decision-making body for the housing authority, or others; or
(c) Prejudice, or appear to prejudice, such commissioner's, employee's, or appointee's to any decision-making body for the housing authority independence of judgment in exercise of his or her official duties relating to the housing authority served by or subject to the authority of the commissioner, employee, or appointee to any decision-making body for the housing authority.
(2) No commissioner, employee, or appointee to any decision-making body for the housing authority shall act in an official capacity in any manner in which such commissioner, employee, or appointee to any decision-making body of the housing authority has a direct or indirect financial or personal involvement.
(3) No commissioner, employee, or appointee to any decision-making body for the housing authority shall use his or her public office or employment to secure financial gain to such commissioner, employee, or appointee to any decision-making body for the housing authority.
(4) If any commissioner or employee of an authority or any appointee to any decision-making body for the housing authority owns or controls an interest direct or indirect in any property included or planned to be included in any housing project, he immediately shall disclose the same in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Failure ((so)) to disclose such interest shall constitute misconduct in office. Upon such disclosure such commissioner ((or)), employee, or appointee to any decision-making body for the housing authority shall not participate in any action by the authority affecting such property.
(5) No provision of this section shall preclude a tenant of the public housing authority from serving as a commissioner, employee, or appointee to any decision-making body of the housing authority. No provision of this section shall preclude a tenant of the public housing authority who is serving as a commissioner, employee, or appointee to any decision-making body of the housing authority from voting on any issue or decision, or participating in any action by the authority, unless a conflict of interest, as set forth in subsections (1) through (4) of this section, exists as to that particular tenant and the particular property or interest at issue before, or subject to action by the housing authority."
MOTIONS
On motion of Senator Winsley, the following title amendment was adopted:
On page 1, line 2 of the title, after "thousand;" strike the remainder of the title and insert "amending RCW 35.82.040 and 35.82.050; and adding a new section to chapter 35.82 RCW."
On motion of Senator Winsley, the rules were suspended, Substitute House Bill No. 2459, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 2459, as amended by the Senate under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 2459, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn and Wood - 47. Absent: Senators Hargrove and Zarelli - 2. SUBSTITUTE HOUSE BILL NO. 2459, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the President advanced the Senate to the sixth order of business.
There being no objection, the Senate resumed consideration of Senate Concurrent Resolution No. 8430, deferred on second reading earlier today.
MOTION
On motion of Senator Johnson, the rules were suspended, Senate Concurrent Resolution No. 8430 was advanced to third reading, the second reading considered the third and the resolution was placed on final passage.
The President declared the question before the Senate to be the adoption of Senate Concurrent Resolution No. 8430 and the resolution was adopted.
SENATE CONCURRENT RESOLUTION NO. 8430 was adopted by voice vote.
MOTION
At 6:03 p.m., on motion of Senator Johnson, the Senate recessed until 7:30 p.m.
The Senate was called to order at 7:30 p.m. by President Owen.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 6, 1998
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 6622 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The commission shall plan and prepare to implement a program for the preservation and advancement of universal telecommunications service which shall not take effect until the legislature approves the program. The purpose of the universal service program is to benefit telecommunications ratepayers in the state by minimizing implicit sources of support and maximizing explicit sources of support that are specific, sufficient, competitively neutral, and technologically neutral to support basic telecommunications services for customers of telecommunications companies in high-cost locations.
(2) In preparing a universal service program for approval by the legislature, the commission shall:
(a) Estimate the cost of supporting all lines located in high-cost locations and the cost of supporting one primary telecommunications line for each residential or business customer located in high-cost locations;
(b) Determine the assessments that must be made on all telecommunications carriers, and the manner of collection, to provide support for:
(i) All residential and business lines located in high-cost locations;
(ii) Only one primary line for each residential or business customer located in high-cost locations;
(c) Designate those telecommunications carriers serving high-cost locations that are eligible to receive support for the benefit of their customers in those locations;
(d) Adopt or prepare to adopt all necessary rules for administration of the program; and
(e) Provide a schedule of all fees and payments proposed or expected to be proposed by the commission under subsection (4)(d) of this section.
(3) The commission shall report by November 1, 1998, to the legislature on these steps taken to prepare for implementation and shall inform the legislature of the estimated cost to support all lines located in high-cost locations and the estimated cost to support only one primary line for each residential or business customer located in high-cost locations under a universal service program.
(4) Once a program is approved by the legislature and subsequently established, the following provisions apply unless otherwise directed by the legislature:
(a) All transfers of money necessary to provide the support shall be outside the state treasury and not be subject to appropriation;
(b) The commission may delegate to the commission secretary or other staff the authority to resolve disputes or make other decisions necessary to the administration of the program;
(c) The commission may contract with an independent program administrator subject to the direction and control of the commission and may authorize the establishment of an account or accounts in independent financial institutions should that be necessary for administration of the program;
(d) The expenses of an independent program administrator shall be authorized by the commission and shall be paid out of contributions by the telecommunications carriers participating in the program;
(e) The commission may require the carriers participating in the program, as part of their contribution, to pay into the public service revolving fund the costs of the commission attributable to supervision and administration of the program that are not otherwise recovered through fees paid to the commission.
(5) The commission shall establish standards for review or testing of all telecommunications carriers' compliance with the program for the purpose of ensuring the support received by a telecommunications carrier is used only for the purposes of the program and that each telecommunications carrier is making its proper contribution to the program. The commission may conduct the review or test, or contract with an independent administrator or other person to conduct the review or test.
(6) The commission shall coordinate administration of the program with any federal universal service program and may administer the federal fund in conjunction with the state program if so authorized by federal law.
(7) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Telecommunications carrier" has the same meaning as defined in 47 U.S.C. Sec. 153(44).
(b) "Basic telecommunications services" means the following services:
(i) Single-party service;
(ii) Voice grade access to the public switched network;
(iii) Support for local usage;
(iv) Dual tone multifrequency signaling (touch-tone);
(v) Access to emergency services (911);
(vi) Access to operator services;
(vii) Access to interexchange services;
(viii) Access to directory assistance; and
(ix) Toll limitation services.
(c) "High-cost location" means a location where the cost of providing telecommunications services is greater than a benchmark established by the commission by rule.
(8) Each telecommunications carrier that provides intrastate telecommunications services shall provide whatever information the commission may reasonably require in order to fulfill the commission's responsibilities under subsection (2) of this section.
NEW SECTION. Sec. 2. (1) The commission is authorized to take actions, conduct proceedings, and enter orders as permitted or contemplated for a state commission under the federal telecommunications act of 1996, P.L. 104-104 (110 Stat. 56), but the commission's authority to either establish a new state program or to adopt new rules to preserve and advance universal service under section 254(f) of the federal act is limited to the actions expressly authorized by section 1 of this act. The commission may establish by rule fees to be paid by persons seeking commission action under the federal act, and by parties to proceedings under that act, to offset in whole or part the commission's expenses that are not otherwise recovered through fees in implementing the act, but new fees or assessments charged telecommunications carriers to either establish a state program or to adopt rules to preserve and advance universal service under section 254(f) of the federal act do not take effect until the legislature has approved a state universal service program.
(2) The legislature intends that under the future universal service program established in this state:
(a) Every telecommunications carrier that provides intrastate telecommunications services shall contribute, on an equitable and nondiscriminatory basis, to the preservation and advancement of universal service in the state;
(b) The contributions shall be competitively and technologically neutral; and
(c) The universal service program to be established in accordance with section 1 of this act shall not be inconsistent with the requirements of 47 U.S.C. Sec. 254.
NEW SECTION. Sec. 3. Any rules regarding universal service adopted by the utilities and transportation commission shall comply with the purpose, as stated in section 1 of this act, for establishing a program for the preservation and advancement of universal telecommunications service. Services to be supported are only those basic services defined in section 1(7) of this act.
Sec. 4. RCW 80.36.310 and 1989 c 101 s 14 are each amended to read as follows:
(1) Telecommunications companies may petition to be classified as competitive telecommunications companies under RCW 80.36.320 or to have services classified as competitive telecommunications services under RCW 80.36.330. The commission may initiate classification proceedings on its own motion. The commission may require all regulated telecommunications companies potentially affected by a classification proceeding to appear as parties for a determination of their classification.
(2) Any company petition or commission motion for competitive classification shall state an effective date not sooner than thirty days from the filing date. The company must provide notice and publication of the proposed competitive classification in the same manner as provided in RCW 80.36.110 for tariff changes. The proposed classification shall take effect on the stated effective date unless suspended by the commission and set for hearing under chapter 34.05 RCW or set for a formal investigation and fact-finding under RCW 80.36.145. The commission shall enter its final order with respect to any suspended classification within ((ten)) six months from the date of filing of a company's petition or the commission's motion.
Sec. 5. RCW 80.36.320 and 1989 c 101 s 15 are each amended to read as follows:
(1) The commission shall classify a telecommunications company ((providing service in a relevant market)) as a competitive telecommunications company if ((it finds, after notice and hearing, that the telecommunications company has demonstrated that)) the services it offers are subject to effective competition. Effective competition means that the company's customers have reasonably available alternatives and that the company does not have a significant captive customer base. In determining whether a company is competitive, factors the commission shall consider include but are not limited to:
(a) The number and sizes of alternative providers of service;
(b) The extent to which services are available from alternative providers in the relevant market;
(c) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive rates, terms, and conditions; and
(d) Other indicators of market power which may include market share, growth in market share, ease of entry, and the affiliation of providers of services.
The commission shall conduct the initial classification and any subsequent review of the classification in accordance with such procedures as the commission may establish by rule.
(2) Competitive telecommunications companies shall be subject to minimal regulation. Minimal regulation means that competitive telecommunications companies may file, instead of tariffs, price lists ((which)) that shall be effective after ten days' notice to the commission and customers. The commission shall prescribe the form of notice. The commission may also waive other regulatory requirements under this title for competitive telecommunications companies when it determines that competition will serve the same purposes as public interest regulation. The commission may waive different regulatory requirements for different companies if such different treatment is in the public interest. A competitive telecommunications company shall at a minimum:
(a) Keep its accounts according to regulations as determined by the commission;
(b) File financial reports with the commission as required by the commission and in a form and at times prescribed by the commission;
(c) Keep on file at the commission such current price lists and service standards as the commission may require; and
(d) Cooperate with commission investigations of customer complaints.
(3) When a telecommunications company has demonstrated that the equal access requirements ordered by the federal district court in the case of U.S. v. AT&T, 552 F. Supp. 131 (1982), or in supplemental orders, have been met, the commission shall review the classification of telecommunications companies providing inter-LATA interexchange services. At that time, the commission shall classify all such companies as competitive telecommunications companies unless it finds that effective competition, as defined in subsection (1) of this section, does not then exist.
(4) The commission may revoke any waivers it grants and may reclassify any competitive telecommunications company if ((such)) the revocation or reclassification would protect the public interest.
(5) The commission may waive the requirements of RCW 80.36.170 and 80.36.180 in whole or in part for a competitive telecommunications company if it finds that competition will serve the same purpose and protect the public interest.
Sec. 6. RCW 80.36.330 and 1989 c 101 s 16 are each amended to read as follows:
(1) The commission may classify a telecommunications service provided by a telecommunications company as a competitive telecommunications service if ((it finds, after notice and hearing, that)) the service is subject to effective competition. Effective competition means that customers of the service have reasonably available alternatives and that the service is not provided to a significant captive customer base. In determining whether a service is competitive, factors the commission shall consider include but are not limited to:
(a) The number and size of alternative providers of services;
(b) The extent to which services are available from alternative providers in the relevant market;
(c) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive rates, terms, and conditions; and
(d) Other indicators of market power, which may include market share, growth in market share, ease of entry, and the affiliation of providers of services.
(2) When the commission finds that a telecommunications company has demonstrated that a telecommunications service is competitive, the commission may permit the service to be provided under a price list effective on ten days notice to the commission and customers. The commission shall prescribe the form of notice. The commission may adopt procedural rules necessary to implement this section.
(3) Prices or rates charged for competitive telecommunications services shall cover their cost. The commission shall determine proper cost standards to implement this section, provided that in making any assignment of costs or allocating any revenue requirement, the commission shall act to preserve affordable universal telecommunications service.
(4) The commission may investigate prices for competitive telecommunications services upon complaint. In any complaint proceeding initiated by the commission, the telecommunications company providing the service shall bear the burden of proving that the prices charged cover cost, and are fair, just, and reasonable.
(5) Telecommunications companies shall provide the commission with all data it deems necessary to implement this section.
(6) No losses incurred by a telecommunications company in the provision of competitive services may be recovered through rates for noncompetitive services. The commission may order refunds or credits to any class of subscribers to a noncompetitive telecommunications service which has paid excessive rates because of below cost pricing of competitive telecommunications services.
(7) The commission may reclassify any competitive telecommunications service if reclassification would protect the public interest.
(8) The commission may waive the requirements of RCW 80.36.170 and 80.36.180 in whole or in part for a service classified as competitive if it finds that competition will serve the same purpose and protect the public interest.
NEW SECTION. Sec. 7. Sections 1 through 3 of this act are each added to chapter 80.36 RCW.
NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Finkbeiner moved that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 6622.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Finkbeiner that the Senate concur in the House amendment to Engrossed Substitute Senate Bill No. 6622.
The motion by Senator Finkbeiner carried and the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 6622.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6622, as amended by the House.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6622, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 34; Nays, 15; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 34. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Sheldon, B., Snyder, Spanel, Thibaudeau and Wojahn - 15. ENGROSSED SUBSTITUTE SENATE BILL NO. 6622, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Johnson, the Senate advanced to the ninth order of business.
MOTION FOR RECONSIDERATION
Having served prior notice, Senator Winsley moved that the Senate now reconsider the vote by which Engrossed House Bill No. 3003, without the Senate amendments, failed to pass the Senate earlier today.
The President declared the question before the Senate to be the motion by Senator Winsley that the Senate reconsider the vote by which Engrossed House Bill No. 3003, without the Senate amendments, failed to pass the Senate.
. The motion for reconsideration carried.
The President declared the question before the Senate to the roll call on the final passage of Engrossed House Bill No. 3003, without the Senate amendments, on reconsideration.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 3003, without the Senate amendments, on reconsideration, and the bill passed the Senate by the following vote: Yeas, 27; Nays, 22; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Jacobsen, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prentice, Prince, Rossi, Schow, Sellar, Sheldon, T., Stevens, Strannigan, Swecker, West, Wood and Zarelli - 27. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Kline, Kohl, Loveland, McAuliffe, Patterson, Rasmussen, Roach, Sheldon, B., Snyder, Spanel, Thibaudeau, Winsley and Wojahn - 22. ENGROSSED HOUSE BILL NO. 3003, without the Senate amendments, on reconsideration, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
There being no objection, the President returned the Senate to the fourth order of business.
MESSAGE FROM THE HOUSE
March 10, 1998
MR. PRESIDENT:
The House grants the request of the Senate for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 6238. The Speaker has appointed the following members as conferees: Representatives Cooke, Boldt and Dickerson.
TIMOTHY A. MARTIN, Chief Clerk
MESSAGE FROM THE HOUSE
March 10, 1998
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1504 and passed the bill as amended by the Senate.
TIMOTHY A. MARTIN, Chief Clerk
MESSAGE FROM THE HOUSE
March 6, 1998
MR. PRESIDENT:
The House has passed ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6509 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the ability to read fluently, accurately, and with comprehension is critical to success in school and in life. Research has found that reading instruction in the early grades must consist of a comprehensive program that builds upon the firm foundational skills of phonemic awareness, decoding, and reading comprehension, to provide students with the skills necessary to engage in rich literature activities, and further develop thinking and application skills. Schools and school districts should review their reading programs to verify they are using a comprehensive approach to teaching reading.
The role of professional development in supporting and sustaining a high-quality teaching force is critical. The legislature finds that many primary grade teachers would benefit from additional professional development instruction in beginning reading skills and access to current information regarding research-based, scientifically proven instructional strategies to assist students in meeting the benchmarks established for the essential academic learning requirements.
The legislature also recognizes that when students are experiencing difficulties in advancing their reading skills, the use of volunteers to provide individualized tutoring and mentoring to those students will improve students' ability to overcome those difficulties and increase their reading achievement.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.415 RCW to read as follows:
Schools interested in providing assistance to improve student learning in reading may apply for the following opportunities to provide professional development in beginning reading instructional strategies and related instructional materials and to implement volunteer tutoring programs for students throughout their school.
(1) To the extent funds are appropriated in accordance with this section, elementary schools interested in providing professional development and the purchase of related instructional materials in accordance with (a) of this subsection for certificated instructional staff that provide direct instructional services to students in kindergarten, first, and second grade may apply for and receive funding from the superintendent of public instruction. The application for funding shall be limited to:
(a) Verification that the intended professional development and related instructional materials include primary emphasis on the following beginning reading skills:
(i) Phonemic awareness instruction;
(ii) Explicit and systematic decoding instruction and diagnosis of a student's ability to decode;
(iii) Explicit spelling instruction;
(iv) Explicit instruction in reading comprehension strategies; and
(v) Research findings on the skills needed by beginning and proficient readers, and how beginning reading skills are acquired;
(b) Verification that grant funds expended in accordance with this section will not be used for intervention or remediation programs; and
(c) Verification that the professional development will be provided by a public or private contractor that provides training in the methods required in this section.
(2) To the extent funds are appropriated in accordance with this section, elementary schools interested in providing programs that use volunteer tutors and mentors to assist struggling readers in kindergarten through sixth grade may apply for grants from the superintendent of public instruction for programs that are research-based and have proven effectiveness in improving student performance. The programs must include the following elements:
(a) Teacher training in research-based effective reading strategies and effective use of classroom volunteers with struggling readers;
(b) Training for tutor and mentor volunteers in research-based effective reading strategies before the volunteers participate in the program;
(c) An established goal for a minimum number of volunteer contact hours for students to receive individual instruction from teachers, and tutor or mentor volunteers during the summer, other intercessions for schools with year-round schedules or other vacation periods, or during normal school hours; and
(d) A plan to assess student reading performance before entering the program and upon exit or at the end of the year as appropriate. The results must be compiled and reported to the superintendent of public instruction. The superintendent of public instruction shall provide an initial report to the legislature by March 1, 1999, and a final report to the legislature by December 1999 on the effectiveness of the various programs.
(3) For applications submitted before June 1, 1998, priority for funds in accordance with this section shall be given to those schools in which less than one-quarter of all students tested on the fourth grade assessment in reading met the state-wide standard, or in schools where average performance on the reading component of the state-wide standardized test required in RCW 28A.230.190 were in the bottom quartile for the previous three years. Priority shall then be given to those schools in which less than one-third of all students tested on the fourth grade assessment in reading met the state-wide standard, or in schools where average performance on the reading component of the state-wide standardized test required in RCW 28A.230.190 were in the bottom third for the previous three years. Priority shall then be given to schools in which one-half of all students tested on the fourth grade assessment in reading met the state-wide standard, or in schools where average performance on the reading component of the state-wide standardized test required in RCW 28A.230.190 were in the bottom half for the previous three years. Beginning June 1, 1998, the superintendent of public instruction shall open the application process to all schools without regard to performance on reading tests. For applications received after June 1, 1998, the superintendent shall provide funds to qualified applicants on a first-come, first-served basis, based on the date of application.
(4) Funds provided in accordance with this section may be used to provide additional professional development materials for interested school principals and classroom volunteers providing assistance in kindergarten, first, and second grades, interested in attending the professional development opportunity identified in subsection (1) of this section.
(5) Teachers participating in professional development opportunities in accordance with subsection (1) of this section or in volunteer programs in accordance with subsection (2) of this section will receive a stipend from the funds.
(6) An elementary school receiving funds in accordance with subsection (1) of this section shall certify and provide documentation to the superintendent of public instruction that funds received were expended for professional development and related materials in accordance with this section.
(7) Schools or school districts that received funds under RCW 28A.300.330 are not eligible to apply for funding in accordance with subsection (1) of this section.
(8) Until final allocation of funds for purposes of section 2(1) of this act by the superintendent of public instruction, or at the end of the 1998-99 school year, whichever occurs first, the following definitions apply throughout this section unless the context clearly requires otherwise.
(a) "Phonemic awareness instruction" means teaching awareness of letter sounds, and segmenting and blending phonemes, syllables, and words in a sequential progression.
(b) "Explicit systematic decoding instruction" means direct, sequential teaching of how to read words fluently and automatically by providing instruction in letter-sound correspondences, letter combinations, multisyllabic words, blending, and structural elements, and initially incorporates the use of decodable text.
(c) "Decodable text" means connected text containing a high percentage of words that provide practice on the letter-sound correspondences and letter combinations previously taught.
(d) "Diagnosis of a student's ability to decode" means regularly assessing the student's mastery of word recognition, fluency and automaticity, and word analysis in order to plan future instructional activities.
(e) "Explicit and systematic instruction in spelling" means teaching a logical scope and sequence of word knowledge, spelling patterns, syllabication, and frequently used words connected to the sequence used in reading and writing instruction.
(f) "Instruction in reading comprehension skills" means explicit, systematic teaching of vocabulary development, text structure, context, syntax, and syntactic patterns, including but not limited to, strategies for higher order thinking skills such as interpretation, summarization, prediction, clarification, and question generation.
(9) By April 15th, the superintendent of public instruction shall notify all school districts that the funds under this section are available. By June 1, 1998, school districts shall provide a budget estimate to the superintendent of public instruction of the amount of funds expected to be used for purposes of this section. The superintendent shall allocate funding for applications received after June 1, 1998, to the extent funds remain from allocations budgeted to applications eligible before June 1, 1998. Funding provided must be available to schools no later than June 1, 1998. Elementary schools may apply and become eligible for both funding opportunities in accordance with this section. Funds for this section may be expended through the end of the 1998-99 school year.
(10) This section expires June 30, 2001.
NEW SECTION. Sec. 3. This act may be known and cited as the successful readers act.
NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void.
NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Hochstatter moved that the Senate concur in the House amendment to Engrossed Second Substitute Senate Bill No. 6509.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Hochstatter that the Senate concur in the House amendment to Engrossed Second Substitute Senate Bill No. 6509.
The motion by Senator Hochstatter carried on a rising vote and the Senate concurred in the House amendment to Engrossed Second Substitute Senate Bill No. 6509.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 6509, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 6509, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 29; Nays, 20; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 29. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Goings, Heavey, Jacobsen, Kline, Kohl, Loveland, McAuliffe, Patterson, Prentice, Rasmussen, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Wojahn - 20. ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 6509, as amended by the House, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Hale, Senator Johnson was excused.
MESSAGE FROM THE HOUSE
March 9, 1998
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1441 and asks the Senate to recede therefrom, and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Zarelli, the rules were suspended, Substitute House Bill No. 1441 was returned to second reading and read the second time.
MOTION
Senator Zarelli moved that the following amendment by Senators Zarelli, Fairley and Roach be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 9A.44 RCW to read as follows:
(1) As used in this section:
(a) "Photographs" or "films" means the making of a photograph, motion picture film, videotape, or any other recording or transmission of the image of a person;
(b) "Place where he or she would have a reasonable expectation of privacy" means:
(i) A place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed or filmed by another; or
(ii) A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance;
(c) "Surveillance" means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person;
(d) "Views" means the intentional looking upon of another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or with a device designed or intended to improve visual acuity.
(2) A person commits the crime of voyeurism if, for the purpose of arousing or gratifying the sexual desire of any person, he or she knowingly views, photographs, or films another person, without that person's knowledge and consent, while the person being viewed, photographed, or filmed is in a place where he or she would have a reasonable expectation of privacy.
(3) Voyeurism is a class C felony.
(4) This section does not apply to viewing, photographing, or filming by personnel of the department of corrections or of a local jail or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the department of corrections or the local jail or correctional facility.
Sec. 2. RCW 9A.04.080 and 1997 c 174 s 1 and 1997 c 97 s 1 are each reenacted and amended to read as follows:
(1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.
(a) The following offenses may be prosecuted at any time after their commission:
(i) Murder;
(ii) Homicide by abuse;
(iii) Arson if a death results;
(iv) Vehicular homicide;
(v) Vehicular assault if a death results;
(vi) Hit-and-run injury-accident if a death results (RCW 46.52.020(4)).
(b) The following offenses shall not be prosecuted more than ten years after their commission:
(i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office;
(ii) Arson if no death results; or
(iii) Violations of RCW 9A.44.040 or 9A.44.050 if the rape is reported to a law enforcement agency within one year of its commission; except that if the victim is under fourteen years of age when the rape is committed and the rape is reported to a law enforcement agency within one year of its commission, the violation may be prosecuted up to three years after the victim's eighteenth birthday or up to ten years after the rape's commission, whichever is later. If a violation of RCW 9A.44.040 or 9A.44.050 is not reported within one year, the rape may not be prosecuted: (A) More than three years after its commission if the violation was committed against a victim fourteen years of age or older; or (B) more than three years after the victim's eighteenth birthday or more than seven years after the rape's commission, whichever is later, if the violation was committed against a victim under fourteen years of age.
(c) Violations of the following statutes shall not be prosecuted more than three years after the victim's eighteenth birthday or more than seven years after their commission, whichever is later: RCW 9A.44.073, 9A.44.076, 9A.44.083, 9A.44.086, 9A.44.070, 9A.44.080, 9A.44.100(1)(b), or 9A.64.020.
(d) The following offenses shall not be prosecuted more than six years after their commission: Violations of RCW 9A.82.060 or 9A.82.080.
(e) The following offenses shall not be prosecuted more than five years after their commission: Any class C felony under chapter 74.09, 82.36, or 82.38 RCW.
(f) Bigamy shall not be prosecuted more than three years after the time specified in RCW 9A.64.010.
(g) A violation of RCW 9A.56.030 must not be prosecuted more than three years after the discovery of the offense when the victim is a tax exempt corporation under 26 U.S.C. Sec. 501(c)(3).
(h) No other felony may be prosecuted more than three years after its commission; except that in a prosecution under section 1 of this act, if the person who was viewed, photographed, or filmed did not realize at the time that he or she was being viewed, photographed, or filmed, the prosecution must be commenced within two years of the time the person who was viewed or in the photograph or film first learns that he or she was viewed, photographed, or filmed.
(i) No gross misdemeanor may be prosecuted more than two years after its commission.
(j) No misdemeanor may be prosecuted more than one year after its commission.
(2) The periods of limitation prescribed in subsection (1) of this section do not run during any time when the person charged is not usually and publicly resident within this state.
(3) If, before the end of a period of limitation prescribed in subsection (1) of this section, an indictment has been found or a complaint or an information has been filed, and the indictment, complaint, or information is set aside, then the period of limitation is extended by a period equal to the length of time from the finding or filing to the setting aside."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senators Zarelli, Fairley and Roach to Substitute House Bill No. 1441.
The motion by Senator Zarelli carried and the striking amendment was adopted.
MOTIONS
On motion of Senator Zarelli, the following title amendment was adopted:
On page 1, line 1 of the title, after "voyeurism;" strike the remainder of the title and insert "reenacting and amending RCW 9A.04.080; adding a new section to chapter 9A.44 RCW; and prescribing penalties."
On motion of Senator Zarelli, the rules were suspended, Substitute House Bill No. 1441, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1441, as amended by the Senate, under suspension of the rules.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1441, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 43; Nays, 5; Absent, 0; Excused, 1.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Kline, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 43.
Voting nay: Senators Brown, Heavey, Kohl, Thibaudeau and Wojahn - 5.
Excused: Senator Johnson - 1. SUBSTITUTE HOUSE BILL NO. 1441, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
March 3, 1998
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 6628 with the following amendment(s):
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 47.06.040 and 1994 c 258 s 5 are each amended to read as follows:
The department shall develop a state-wide multimodal transportation plan under RCW 47.01.071(3) and in conformance with federal requirements, to ensure the continued mobility of people and goods within regions and across the state in a safe, cost-effective manner. The state-wide multimodal transportation plan shall consist of:
(1) A state-owned facilities component, which shall guide state investment for state highways including bicycle and pedestrian facilities, and state ferries; and
(2) A state-interest component, which shall define the state interest in aviation, marine ports and navigation, freight rail, intercity passenger rail, bicycle transportation and pedestrian walkways, and public transportation, and recommend actions in coordination with appropriate public and private transportation providers to ensure that the state interest in these transportation modes is met.
The plans developed under each component must be consistent with the state transportation policy plan and with each other, reflect public involvement, be consistent with regional transportation planning, high-capacity transportation planning, and local comprehensive plans prepared under chapter 36.70A RCW, and include analysis of intermodal connections and choices. A primary emphasis for these plans shall be the relief of congestion, the preservation of existing investments, the improvement of traveler safety, the efficient movement of freight and goods, and the improvement and integration of all transportation modes to create a seamless intermodal transportation system for people and goods.
In the development of the state-wide multimodal transportation plan, the department shall identify and document potential affected environmental resources, including, but not limited to, wetlands, storm water runoff, flooding, air quality, fish passage, and wildlife habitat. The department shall conduct its environmental identification and documentation in coordination with all relevant environmental regulatory authorities, including, but not limited to, local governments. The department shall give the relevant environmental regulatory authorities an opportunity to review the department's environmental plans. The relevant environmental regulatory authorities shall provide comments on the department's environmental plans in a timely manner. Environmental identification and documentation as provided for in RCW 47.01.300 and this section is not intended to create a private right of action or require an environmental impact statement as provided in chapter 43.21C RCW.
Sec. 2. RCW 47.06.050 and 1993 c 446 s 5 are each amended to read as follows:
The state-owned facilities component of the state-wide transportation plan shall identify the most cost-effective combination of highway, ferry, passenger rail, and high-capacity transportation improvements that maximizes the efficient movement of people, freight, and goods within state transportation corridors and will consist of:
(1) The state highway system plan, which identifies program and financing needs and recommends specific and financially realistic improvements to preserve the structural integrity of the state highway system, ensure acceptable operating conditions, and provide for enhanced access to scenic, recreational, and cultural resources. The state highway system plan shall contain the following elements:
(a) A system preservation element, which shall establish structural preservation objectives for the state highway system including bridges, identify current and future structural deficiencies based upon analysis of current conditions and projected future deterioration, and recommend program funding levels and specific actions necessary to preserve the structural integrity of the state highway system consistent with adopted objectives. This element shall serve as the basis for the preservation component of the six-year highway program and the two-year biennial budget request to the legislature;
(b) A capacity and operational improvement element, which shall establish operational objectives, including safety considerations, for moving people and goods on the state highway system, identify current and future capacity, operational, and safety deficiencies, and recommend program funding levels and specific improvements and strategies necessary to achieve the operational objectives. In developing capacity and operational improvement plans the department shall first assess strategies to enhance the operational efficiency of the existing system before recommending system expansion. Congestion relief must be a primary emphasis of the capacity and operational improvement element. Strategies to enhance the operational efficiencies include but are not limited to access management, transportation system management, demand management, and high-occupancy vehicle facilities. The capacity and operational improvement element must conform to the state implementation plan for air quality and be consistent with regional transportation plans adopted under chapter 47.80 RCW, and shall serve as the basis for the capacity and operational improvement portions of the six-year highway program and the two-year biennial budget request to the legislature;
(c) A scenic and recreational highways element, which shall identify and recommend designation of scenic and recreational highways, provide for enhanced access to scenic, recreational, and cultural resources associated with designated routes, and recommend a variety of management strategies to protect, preserve, and enhance these resources. The department, affected counties, cities, and towns, regional transportation planning organizations, and other state or federal agencies shall jointly develop this element;
(d) A paths and trails element, which shall identify the needs of nonmotorized transportation modes on the state transportation systems and provide the basis for the investment of state transportation funds in paths and trails, including funding provided under chapter 47.30 RCW.
(2) The state ferry system plan, which shall guide capital and operating investments in the state ferry system. The plan shall establish service objectives for state ferry routes, forecast travel demand for the various markets served in the system, and develop strategies for ferry system investment that consider regional and state-wide vehicle and passenger needs, support local land use plans, and assure that ferry services are fully integrated with other transportation services. The plan shall assess the role of private ferries operating under the authority of the utilities and transportation commission and shall coordinate ferry system capital and operational plans with these private operations. The ferry system plan must be consistent with the regional transportation plans for areas served by the state ferry system, and shall be developed in conjunction with the ferry advisory committees.
Sec. 3. RCW 47.06.090 and 1993 c 446 s 9 are each amended to read as follows:
The state-interest component of the state-wide multimodal transportation plan shall include an intercity passenger rail plan, which shall analyze existing intercity passenger rail service and recommend improvements to that service under the state passenger rail service program including depot improvements, potential service extensions, and ways to achieve higher train speeds. The plan must include:
(1) A service preservation element that outlines the trackage, depots, and train investments needed to maintain established service levels; and
(2) A service improvement element that establishes service improvement objectives and outlines the trackage, depot, and train investments needed to meet improvement service objectives.
Sec. 4. RCW 81.75.030 and 1977 ex.s. c 217 s 3 are each amended to read as follows:
(1) To the extent feasible, the services available to the public at any transportation center may include taxi, auto rental, passenger trains, motor buses, ((travel agents,)) restrooms, food, ((telegraph,)) baggage handling, transfer and delivery of light freight and packages, commercial airlines, air charter, place of temporary rest for citizens and travelers (but not overnight), mail, private auto parking for users of public transportation through the transportation center, local transit, limousine, ((and any other use necessary to the foregoing)) limited retail services, professional services, limited banking services, day care services, and any other use necessary and convenient for the users of the public transportation system operating at the transportation center.
(2) Any city, town, county, public transportation benefit area authority, or municipal corporation, which elects to operate a transportation center shall operate the center for the general public good. The operator may establish the terms of usage for the various modes of transportation and for others that utilize its facilities, may make reasonable rules concerning public and private use, and may exclude all persons therefrom who refuse to comply with the terms or rules of use. The operator may own, operate, maintain, and manage a transportation center, but shall not engage in providing a transportation or other related service at the center unless otherwise authorized by law."
Correct the title.,and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Benton moved that the Senate refuse to concur in the House amendment to Engrossed Senate Bill No. 6628 and asks the House to recede therefrom.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Benton that the Senate refuse to concur in the House amendment to Engrossed Senate Bill No. 6628 and asks the House to recede therefrom.
The motion by Senator Benton carried and the Senate refuses to concur in the House amendment to Engrossed Senate Bill No. 6628 and asks the House to recede therefrom.
MESSAGE FROM HOUSE
March 9, 1998
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SECOND ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1354 and asks the Senate to recede therefrom., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Morton moved that the Senate recede from its position from Section 2 and insists on it position regarding the remaining striking Senate amendment to Second Engrossed Second Substitute House Bill No. 1354.
POINT OF ORDER
Senator Fraser: “A point of order, Mr. President. Pertaining to the motion that was just made, my question is when the Senate is asked to recede from a Senate amendment to a House Bill, do the rules allow the Senate to recede from only a portion of that amendment? That, in effect, is what this motion is.”
RULING BY THE PRESIDENT
President Owen: “In ruling upon the point of order raised by Senator Fraser challenging Senator Morton's motion to recede in part to the Senate striking amendment to Second Engrossed Second Substitute House Bill No. 1354, and to insist in part to the amendment, the President finds that Senate Rule 67 clearly states that motions to recede and insist 'are in order as to any single amendment or to a series of amendments.' Senator Morton's motion would apply to parts of a single amendment.
“The President, therefore, rules under Senate Rule 67 that the motion is out of order and the point is well taken.”
The motion by Senator Morton to recede from its position from Section 2 and insist on its position regarding the remaining striking amendment to Second Engrossed Second Substitute House Bill No. 1354 was ruled out of order.
MOTION
Senator Morton moved that the Senate refuse to recede from the Senate amendment(s) and requests of the House a conference thereon.
Debate ensued.
MOTION
On motion of Senator Johnson, further consideration of Second Engrossed Second Substitute House Bill No. 1354 was deferred.
MESSAGE FROM THE HOUSE
March 9, 1998
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2313 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Schow moved that the Senate recede from the Senate amendment(s) to Engrossed Substitute House Bill No. 2313.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Schow that the Senate recede from the Senate amendment(s) to Engrossed Substitute House Bill No. 2313.
The motion by Senator Schow carried and the Senate receded from the Senate amendment(s) to Engrossed Substitute House Bill No. 2313.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 2313, without the Senate amendment(s).
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 2313, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 37; Nays, 10; Absent, 2; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, Loveland, McAuliffe, McCaslin, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Snyder, Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 37. Voting nay: Senators Fairley, Fraser, Goings, Heavey, Jacobsen, Kline, Kohl, Patterson, Prentice and Sheldon, T. - 10. Absent: Senators Franklin and McDonald - 2. ENGROSSED SUBSTITUTE HOUSE BILL NO. 2313, without the Senate amendment(s), having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
March 9, 1998
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1541 and asks the Senate to recede therefrom, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator Roach, the rules were suspended, Substitute House Bill No. 1541 was returned to second reading and read the second time.
MOTION
Senator Roach moved that the following amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that sport shooting ranges in this state offer valuable hunter and firearm safety training, offer legitimate and important forms of recreation to the general public, and provide the opportunity for many law enforcement agencies to maintain necessary firearms skills efficiently and at little or no cost. The continued existence and viability of sport shooting ranges is impacted by burdensome retroactive regulation and lawsuits, thereby potentially threatening the availability of low-cost firearms training to some local law enforcement agencies, as well as hunter and firearms safety training and recreation to the general public.
NEW SECTION. Sec. 2. A new section is added to chapter 9.41 RCW to read as follows:
(1)(a) Notwithstanding any other provision of law, a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation on the effective date of this act.
(b) A person who operates or uses a sport shooting range is not subject to an action for nuisance, and a court of the state shall not enjoin the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation on the effective date of this act.
(c) Rules adopted by any state department or agency for limiting levels of noise in terms of decibel level that may occur in the outdoor atmosphere do not apply to a sport shooting range exempted from liability under this section.
(2) A person who acquires title to or who owns real property adversely affected by the use of property with a permanently located and improved sport shooting range shall not maintain a nuisance action against the person who owns the range to restrain, enjoin, or impede the use of the range where there has not been a substantial change in the nature of the use of the range. This subsection does not prohibit actions for negligence or recklessness in the operation of the range or by a person using the range.
(3) A sport shooting range that is operated and is not in violation of existing law at the time of the enactment of an ordinance must be permitted to continue in operation even if the operation of the sport shooting range at a later date does not conform to the new ordinance or an amendment to an existing ordinance.
(4) A person who participates in sport shooting at a sport shooting range accepts the risks associated with the sport to the extent the risks are obvious and inherent. Those risks include, but are not limited to, injuries that may result from noise, discharge of a projectile or shot, malfunction of sport shooting equipment not owned by the shooting range, natural variations in terrain, surface or subsurface snow or ice conditions, bare spots, rocks, trees, and other forms of natural growth or debris.
(5) The owner or operator of any sport shooting range shall have in place an insurance policy providing insurance for personal and property damage which occurs as a result of acts at the range, with liability limits of at least two hundred fifty thousand dollars per occurrence. This subsection applies beginning January 1, 1999.
(6) Except as otherwise provided in this section, this section does not prohibit a local government from regulating the location and construction of a sport shooting range after the effective date of this act.
(7) As used in this section:
(a) "Local government" means a county, city, or town.
(b) "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity.
(c) "Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting.
NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Debate ensued.
The President declared the question before the Senate to be the adoption of the striking amendment by Senator Roach to Substitute House Bill No. 1541.
The motion by Senator Roach carried and the striking amendment by Senator Roach to Substitute House Bill No. 1541 was adopted.
MOTIONS
On motion of Senator Roach, the following title amendment was adopted:
On line 1 of the title, after "ranges;" strike the remainder of the title and insert "adding a new section to chapter 9.41 RCW; creating a new section; and declaring an emergency."
On motion of Senator Roach, the rules were suspended, Substitute House Bill No. 1541, as amended by the Senate under suspension of the rules, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1541, as amended by the Senate, under suspension of the rules.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1541, as amended by the Senate under suspension of the rules, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 17; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Johnson, Long, Loveland, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Stevens, Strannigan, Swecker, West and Zarelli - 32. Voting nay: Senators Brown, Deccio, Fairley, Fraser, Heavey, Jacobsen, Kline, Kohl, McAuliffe, McCaslin, Patterson, Prentice, Spanel, Thibaudeau, Winsley, Wojahn and Wood - 17. SUBSTITUTE HOUSE BILL NO. 1541, as amended by the Senate under suspension of the rules, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MESSAGE FROM THE HOUSE
March 9, 1998
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to ENGROSSED HOUSE BILL NO. 2772 and asks the Senate to recede therefrom., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Roach moved that the Senate recede from the Senate amendment(s) to Engrossed House Bill No. 2772.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Roach that the Senate recede from the Senate amendment(s) to Engrossed House Bill No. 2772.
The motion by Senator Roach carried and the Senate receded from the Senate amendment(s) to Engrossed House Bill No. 2772.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2772, without the Senate amendment(s).
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2772, without the Senate amendment(s), and the bill passed the Senate by the following vote: Yeas, 39; Nays, 9; Absent, 1; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Fairley, Finkbeiner, Franklin, Goings, Hale, Haugen, Hochstatter, Horn, Johnson, Long, Loveland, McCaslin, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Snyder, Spanel, Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 39. Voting nay: Senators Brown, Fraser, Hargrove, Heavey, Jacobsen, Kline, Kohl, McAuliffe and Thibaudeau - 9. Absent: Senator McDonald - 1. ENGROSSED HOUSE BILL NO. 2772, without the Senate amendment(s), having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
REPORT OF CONFERENCE COMMITTEE
2SSB 6168 March 10, 1998
Includes “New Items”: YES
Developing Housing for Temporary Workers
MR. PRESIDENT:
MR.. SPEAKER:
We of your Conference Committee, to whom was referred SECOND SUBSTITUTE SENATE BILL NO. 6168, Developing housing for temporary workers, have had the same under consideration and we recommend that:
All previous amendment not be adopted and that the following striking amendment be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 19.27 RCW to read as follows:
(1) Temporary worker housing shall be constructed, altered, or repaired as provided in chapter 70.114A RCW and chapter . . ., Laws of 1998 (this act). The construction, alteration, or repair of temporary worker housing is not subject to the codes adopted under RCW 19.27.031, except as provided by rule adopted under chapter 70.114A RCW or chapter . . ., Laws of 1998 (this act).
(2) For the purpose of this section, "temporary worker housing" has the same meaning as provided in RCW 70.114A.020.
(3) This section is applicable to temporary worker housing as of the date of the final adoption of the temporary worker building code by the department of health under section 2 of this act.
NEW SECTION. Sec. 2. A new section is added to chapter 70.114A RCW to read as follows:
(1) The department shall adopt by rule a temporary worker building code in conformance with the temporary worker housing standards developed under the Washington industrial safety and health act, chapter 49.17 RCW, the rules adopted by the state board of health under RCW 70.54.110, and the following guidelines:
(a) The temporary worker building code shall provide construction standards for shelter and associated facilities that are safe, secure, and capable of withstanding the stresses and loads associated with their designated use, and to which they are likely to be subjected by the elements;
(b) The temporary worker building code shall permit and facilitate designs and formats that allow for maximum affordability, consistent with the provision of decent, safe, and sanitary housing;
(c) In developing the temporary worker building code the department of health shall consider:
(i) The need for dormitory type housing for groups of unrelated individuals; and
(ii) The need for housing to accommodate families;
(d) The temporary worker building code shall incorporate the opportunity for the use of construction alternatives and the use of new technologies that meet the performance standards required by law;
(e) The temporary worker building code shall include standards for heating and insulation appropriate to the type of structure and length and season of occupancy;
(f) The temporary worker building code shall include standards for temporary worker housing that are to be used only during periods when no auxiliary heat is required; and
(g) The temporary worker building code shall provide that persons operating temporary worker housing consisting of four or fewer dwelling units or combinations of dwelling units, dormitories, or spaces that house nine or fewer occupants may elect to comply with the provisions of the temporary worker building code, and that unless the election is made, such housing is subject to the codes adopted under RCW 19.27.031.
(2) In adopting the temporary worker building code, the department shall make exceptions to the codes listed in RCW 19.27.031 and chapter 19.27A RCW, in keeping with the guidelines set forth in this section. The initial temporary worker building code adopted by the department shall be substantially equivalent with the temporary worker building code developed by the state building code council as directed by section 8, chapter 220, Laws of 1995.
(3) The temporary worker building code authorized and required by this section shall be enforced by the department.
The department shall have the authority to allow minor variations from the temporary worker building code that do not compromise the health or safety of workers. Procedures for requesting variations and guidelines for granting such requests shall be included in the rules adopted under this section.
NEW SECTION. Sec. 3. A new section is added to chapter 49.17 RCW to read as follows:
By December 1, 1998, the department of labor and industries shall adopt rules requiring electricity in all temporary worker housing and establishing minimum requirements to ensure the safe storage, handling, and preparation of food in these camps, regardless of whether individual or common cooking facilities are in use.
Sec. 4. RCW 43.22.480 and 1995 c 289 s 2 are each amended to read as follows:
(1) The department shall adopt and enforce rules that protect the health, safety, and property of the people of this state by assuring that all factory built housing or factory built commercial structures are structurally sound and that the plumbing, heating, electrical, and other components thereof are reasonably safe. The rules shall be reasonably consistent with recognized and accepted principles of safety and structural soundness, and in adopting the rules the department shall consider, so far as practicable, the standards and specifications contained in the uniform building, plumbing, and mechanical codes, including the barrier free code and the Washington energy code as adopted by the state building code council pursuant to chapter 19.27A RCW, and the national electrical code, including the state rules as adopted pursuant to chapter 19.28 RCW and published by the national fire protection association or, when applicable, the temporary worker building code adopted under section 2 of this act.
(2) The department shall set a schedule of fees which will cover the costs incurred by the department in the administration and enforcement of RCW 43.22.450 through 43.22.490.
(3) The director may adopt rules that provide for approval of a plan that is certified as meeting state requirements or the equivalent by a professional who is licensed or certified in a state whose licensure or certification requirements meet or exceed Washington requirements.
NEW SECTION. Sec. 5. A new section is added to chapter 43.70 RCW to read as follows:
(1) Any person providing temporary worker housing consisting of five or more dwelling units, or any combination of dwelling units, dormitories, or spaces that house ten or more occupants, or any person providing temporary worker housing who makes the election to comply with the temporary worker building code under section 2(1)(g) of this act, shall secure an annual operating license prior to occupancy and shall pay a fee according to RCW 43.70.340. The license shall be conspicuously displayed on site.
(2) Licenses issued under this chapter may be suspended or revoked upon the failure or refusal of the person providing temporary worker housing to comply with the provisions of RCW 70.54.110, or of any rules adopted under this section by the department. All such proceedings shall be governed by the provisions of chapter 34.05 RCW.
(3) The department may assess a civil fine in accordance with RCW 43.70.095 for failure or refusal to obtain a license prior to occupancy of temporary worker housing. The department may refund all or part of the civil fine collected once the operator obtains a valid operating license.
(4) Civil fines under this section shall not exceed twice the cost of the license plus the cost of the initial on-site inspection for the first violation of this section, and shall not exceed ten times the cost of the license plus the cost of the initial on-site inspection for second and subsequent violations within any five-year period. The department may adopt rules as necessary to assure compliance with this section.
NEW SECTION. Sec. 6. A new section is added to chapter 43.70 RCW to read as follows:
(1) Any person who constructs, alters, or makes an addition to temporary worker housing consisting of five or more dwelling units, or any combination of dwelling units, dormitories, or spaces that house ten or more occupants, or any person who constructs, alters, or makes an addition to temporary worker housing who elects to comply with the temporary worker building code under section 2(1)(g) of this act, shall:
(a) Submit plans and specifications for the alteration, addition, or new construction of this housing prior to beginning any alteration, addition, or new construction on this housing;
(b) Apply for and obtain a temporary worker housing building permit from the department prior to construction or alteration of this housing; and
(c) Submit a plan review and permit fee to the department of health pursuant to RCW 43.70.340.
(2) The department shall adopt rules as necessary, for the application procedures for the temporary worker housing plan review and permit process.
(3) Any alteration of a manufactured structure to be used for temporary worker housing remains subject to chapter 43.22 RCW, and the rules adopted under chapter 43.22 RCW.
Sec. 7. RCW 43.70.340 and 1990 c 253 s 3 are each amended to read as follows:
(1) The ((farmworker housing inspection)) temporary worker housing fund is established in the custody of the state treasury. The department ((of health)) shall deposit all funds received under subsections (2) and (3) of this section and from the legislature to administer a ((labor camp)) temporary worker housing permitting, licensing, and inspection program conducted by the department ((of health)). Disbursement from the fund shall be on authorization of the secretary of health or the secretary's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.
(2) There is imposed a fee on each operating license issued by the department ((of health)) to every operator of ((a labor camp)) temporary worker housing that is regulated by the state board of health. ((The fee paid under this subsection shall include all necessary inspection of the units to ensure compliance with)) In establishing the fee to be paid under this subsection the department shall consider the cost of administering a license as well as enforcing applicable state board of health rules on ((labor camps.
(a) Fifty dollars shall be charged for each labor camp containing six or less units.
(b) Seventy-five dollars shall be charged for each labor camp containing more than six units)) temporary worker housing.
(3) There is imposed a fee on each temporary worker housing building permit issued by the department to every operator of temporary worker housing as required by section 6 of this act. The fee shall include the cost of administering a permit as well as enforcing the department's temporary worker building code as adopted under section 2 of this act.
(4) The department shall conduct a fee study for:
(a) A temporary worker housing operator's license;
(b) On-site inspections; and
(c) A plan review and building permit for new construction.
After completion of the study, the department shall adopt these fees by rule by no later than December 31, 1998.
(5) The term of the operating license and the application procedures shall be established, by rule, by the department ((of health)).
NEW SECTION. Sec. 8. A new section is added to chapter 43.330 RCW to read as follows:
(1) The department shall work with the advisory group established in subsection (2) of this section to review proposals and make prioritized funding recommendations to the department or funding approval board that oversees the distribution of housing trust fund grants and loans to be used for the development, maintenance, and operation of housing for low-income farmworkers.
(2) A farmworker housing advisory group representing growers, farmworkers, and other interested parties shall be formed to assist the department in the review and priority funding recommendations under this section.
NEW SECTION. Sec. 9. RCW 70.114A.080 and 1995 c 220 s 8 are each repealed."
On page 1, line 2 of the title, after "workers;" strike the remainder of the title and insert "amending RCW 43.22.480 and 43.70.340; adding a new section to chapter 19.27 RCW; adding a new section to chapter 70.114A RCW; adding a new section to chapter 49.17 RCW; adding new sections to chapter 43.70 RCW; adding a new section to chapter 43.330 RCW; and repealing RCW 70.114A.080.", and the bill do pass as recommended by the Conference Committee.
Signed by Senators Morton, Prentice, Deccio; Representatives Van Luven, Clements.
MOTION
Senator Deccio moved that the Senate adopt the Report of the Conference Committee on Second Substitute Senate Bill No. 6168.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Deccio that the Senate adopt the Report of the Conference Committee on Second Substitute Senate Bill No. 6168.
The motion by Senator Deccio carried and the Senate adopted the Report of the Conference Committee on Second Substitute Senate Bill No. 6168.
MOTION
On motion of Senator Johnson, further consideration of Second Substitute Senate Bill No. 6168, as recommended by the Conference Committee, was deferred.
There being no objection, the President advanced the Senate to the sixth order of business.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 3015, by House Committee on Transportation Policy and Budget (originally sponsored by Representatives Huff, Fisher, K. Schmidt, Zellinsky, Talcott, Carrell, Johnson, Kessler, Lantz and Eickmeyer)
Providing tax exemptions for the state route number 16 corridor.
The bill was read the second time.
MOTION
On motion of Senator West, the rules were suspended, Substitute House Bill No. 3015 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Haugen: “Senator West, in reading this over, I see that the Port of Bremerton and some other folks came and testified, but there was nobody who testified from the city of Tacoma, which will be greatly impacted--and I see they are going to be exempt from these taxes. Did they testify before the committee? Do they support the loss of this revenue when they have to put up with all the mess that is going to go on during the time this construction is going to take place?”
Senator West: “Well, I don't know whether the city testified or not, but I noticed that Casey Cochrane's name is here and Casey is the executive of the Tacoma Chamber. I see that he testified in favor and so anyway, I assume they are in favor of it in Pierce County.”
Further debate ensued.
POINT OF INQUIRY
Senator Heavey: “Senator Oke, I am not concerned about the sales taxes. I am concerned about the property taxes. Are the rights-of way for the new bridge and its improvements going to be owned by the state or are they going to be owned by a private corporation?”
Senator Oke: “Senator Heavey, the bridge will be built by a private concern--public/private partnership united infrastructure. When the tolls are paid, the bridge will belong to the state.”
Senator Heavey: “But, are they leasing it from us and then we get it back--and in fact we own it or do they own the rights-of way with the facilities?”
Senator Oke: “During the period of construction, they will be in charge of the bridge and the construction of the bridge and any maintenance and any police work that is required there. The lease-hold excise taxes, what we are forgiving on this, and that was brought forth years ago for public folks in a property tax situation.”
Senator Heavey: “Thank you.”
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 3015.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 3015, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 17; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Heavey, Hochstatter, Horn, Johnson, Long, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 32. Voting nay: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Jacobsen, Kline, Kohl, Loveland, Prentice, Rasmussen, Snyder, Spanel and Thibaudeau - 17. SUBSTITUTE HOUSE BILL NO. 3015, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 1042, by Representatives Dyer, B. Thomas, Dunshee, Robertson, Grant, Thompson, Smith and Mielke.
Changing the taxation of dental appliances, devices, restorations, and substitutes.
The bill was read the second time.
MOTION
On motion of Senator West, the rules were suspended, Engrossed House Bill No. 1042 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
POINT OF INQUIRY
Senator Snyder: “Senator West, my criteria for voting on these tax reductions is, 'do they provide or retain jobs?' Will this retain jobs because we give this industry a tax break?”
Senator West: “Well, these folks probably manufacture retainers, so I would expect that they would retain jobs.”
The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 1042.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 1042, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Benton, Brown, Deccio, Fairley, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Spanel, Stevens, Strannigan, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 46. Voting nay: Senators Bauer, Fraser and Snyder - 3. ENGROSSED HOUSE BILL NO. 1042, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SUBSTITUTE HOUSE BILL NO. 1184, by House Committee on Finance (originally sponsored by Representatives Van Luven, Mason, Smith, Dunn, Carrell, Delvin, Cairnes, Sheldon, B. Thomas, Morris, Quall, Koster, Mulliken, Sherstad, Schoesler, D. Schmidt, Hatfield, Wood, Honeyford and Backlund)
Repealing the sales tax on coin-operated laundromats in apartments, rooming houses, and mobile home communities.
The bill was read the second time.
MOTION
On motion of Senator West, the rules were suspended, Substitute House Bill No. 1184 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President declared the question before the Senate to be the roll call on the final passage of Substitute House Bill No. 1184.
ROLL CALL
The Secretary called the roll on the final passage of Substitute House Bill No. 1184, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 7; Absent, 0; Excused, 0.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, B., Sheldon, T., Stevens, Strannigan, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 42. Voting nay: Senators Brown, Fairley, Fraser, McAuliffe, Snyder, Spanel and Thibaudeau - 7. SUBSTITUTE HOUSE BILL NO. 1184, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
On motion of Senator Johnson, Senators Strannigan and West were excused.
MOTION
On motion of Senator Johnson, the Senate returned to the fourth order of business.
There being no objection, the Senate resumed consideration of Second Engrossed Second Substitute House Bill No. 1354 and the pending motion by Senator Morton to refuse to recede in the House amendment(s) and to request a conference thereon.
MOTION
Senator Brown moved that the Senate refuse to recede and insist on its position regarding the House amendment(s) to Second Engrossed Second Substitute House Bill No. 1354.
Senator Brown demanded a roll call and the demand was sustained.
The President declared the question before the Senate to be the roll call on the motion by Senator Brown that the Senate refuse to recede and insist on its position regarding the House amendment(s) to Second Engrossed Second Substitute House Bill No. 1354.
Debate ensued.
ROLL CALL
The Secretary called the roll and the motion by Senator Brown that the Senate refuse to recede and insist on its position regarding the House amendment(s) failed by the following vote: Yeas, 21; Nays, 26; Absent, 0; Excused, 2.
Voting yea: Senators Bauer, Brown, Fairley, Franklin, Fraser, Goings, Hargrove, Haugen, Heavey, Jacobsen, Kline, Kohl, McAuliffe, Patterson, Prentice, Sheldon, B., Sheldon, T., Snyder, Spanel, Thibaudeau and Wojahn - 21. Voting nay: Senators Anderson, Benton, Deccio, Finkbeiner, Hale, Hochstatter, Horn, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Stevens, Swecker, Winsley, Wood and Zarelli - 26. Excused: Senators Strannigan and West - 2.
The President declared that with the loss of the motion by Senator Brown, the motion by Senator Morton carried and the Senate refuses to recede from the House amendment(s) and requests of the House a conference thereon.
MESSAGE FROM THE HOUSE
March 9, 1998
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to ENGROSSED SUBSTITUTE HOUSE BILL NO. 2819 and passed the bill as amended by the Senate.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
At 9:52 p.m., on motion of Senator Johnson, the Senate adjourned until 9:00 a.m., Wednesday, March 11, 1998.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate